ARTES
LIBRARY
1837
SCIENTIA
VERITAS
OF THE
UNIVERSITY OF MICHIGAN
E. PLURIBUS UNUM.
TUEBOR
SI-QUAERIS PENINSULAM AMOENAM
CIRCUMSPICE
350.943
Gog.
THE
Statutes at Large,
FROM THE
Fifth to the Ninth Year of King GEORGE I.
1
BY
DANBY PICKERING, of GRAY'S INN, Efq;
B
i
A
M. D. Hitt.
THE
Statutes at Large,
FROM THE
Fifth to the Ninth Year of King GEORGE I
To which is prefixed,
A TABLE containing the TITLES of all the STATUTES
during that Period.
VOL. XIV.
By DANBY PICKERING, of Gray's-Inn, Efq;
Reader of the Law Lecture to that Honourable Society.
1
CAMBRIDGE,
Printed by JOSEPH BENTHAM, Printer to the UNIVERSITY;
for CHARLES BATHURST, at the Croſs-Keys, oppofite St. Dunstan's
Church in Fleet-Street, London, 1765.
CUM PRIVILEGIO.
?
:
f
J
A
TABLE of the STATUTES,
Containing the Titles of all fuch Acts as are extant in print,
from the Fifth to the Ninth
Cap. 1.
Anno 5 Georgii I.
F
OR granting to his Ma-
jeſty an aid by a land-
tax to be raiſed in Great Britain,
for the fervice of the year 1719.
Cap. 2. For continuing the duties on
malt, mum, cyder, and perry, for
the fervice of the year 1719. and
for enlarging the time for entring
at the exchequer fuch affignments
of reverfionary annuities as are
therein mentioned; and for better
fecuring the duties on hides and
fkins, vellom, and parchment.
Cap. 3. For applying certain overplus
monies, and further fums, to be
raifed, as well by way of a lottery,
as by loans, towards paying off
and cancelling exchequer bills, and
for leffening the prefent great charge
in relation to thofe bills; and for
circulating and exchanging for
ready money the refidue of the fame
bills for the future.
Cap. 4. For ftrengthening the pro-
teftant intereft in thefe kingdoms.
Cap. 5. For punishing mutiny and.
defertion, and for the better pay-
ment of the army, and their quar-
ters.
Cap. 6. For quieting and eſtabliſhing
corporations.
Cap. 7. For continuing an act made
in the twelfth year of the reign of
her late majesty Queen Anne, in-
tituled, An act for encouraging the
tobacco trade.
Cap. 8. For the more effectual relief
of fuch wives and children, as are
left by their huſbands, and parents,
upon the charge of the parish.
VOL. XIV.
Year of King GEORGE I.
Cap. 9. For continuing certain duties
upon coals and culm, and for eſta-
bliſhing certain funds to raiſe mo-
ney, as well to proceed in the build-
ing of new churches, as alſo to
compleat the fupply granted to his
Majefty, and to referve the overplus
monies of the faid duties for the
difpofition of parliament; and for
more effectual fuppreffing private
lotteries,
Cap. 10. For enlarging the time grant-
ed by two acts of parliament, for
repairs of the piers of Bridlington,
alias Burlington; and for making
the ſaid acts more effectual.
Cap. 11. Againft clandeftine running
of uncuftomed goods; and for the
more effectual preventing of frauds
relating to the cuſtoms.
Cap. 12. For making more effectual
the feveral acs paft for repairing
and amending the highways of this
kingdom.
Cap. 13. For the amendment of writs
of error; and for the further pre-
venting the arrefting or reverfing of
judgments after verdict.
Cap. 14. To continue the commiffion-
ers, appointed to examine, ſtate
and determine the debts due to the
army; and to examine and ſtate
the demands of feveral foreign
princes and ſtates for fubfidies dur-
ing the late war.
Cap. 15. For making more effectual
an act of the third and fourth years
of the reign of King William and
Queen Mary, intituled, An act for
the more effectual diſcovery and punish-
ment of deer-ftealers.
ล
Cap.
A TABLE of the STATUTES.
Cap. 16. For laying a duty of two
pennies Scots, or one fixth part of
a penny ſterling upon every pint of
ale or beer, that fhall be vended or
fold within the town of Dunbar,
for improving and preſerving the
harbour, and repairing the town-
houſe, and building a fchool, and
other publick buildings there; and
for fupplying the faid town with
fresh water.
Cap. 17. For laying a duty of two
pennies Scots, or one fixth part of
a penny fterling upon every pint
of ale or beer, that fhall be vended
or fold within the town of Inver-
neſs, and privileges thereof, for
paying the debts of the faid town,
and for building a church, and
making a harbour there.
Cap. 18. For recovering the credit of
the British fishery in foreign parts;
and better fecuring the duties on
falt.
Cap. 19. For redeeming the fund ap-
propriated for payment of the lot-
tery-tickets, which were made forth
for the fervice of the year 1710, by
a voluntary fubfcription of the pro-
prietors into the capital ftock of the
South-Sea company; and for raifing
a ſum of money to pay off ſuch
debts and incumbrances as are
therein mentioned; and for ap-
propriating the fſupplies granted in
this feffion of parliament; and to
limit times for profecutions upon
bonds for exporting cards and
dice.
Cap. 20. For fettling certain yearly
funds payable out of the revenue
of Scotland, to fatisfy publick debts
in Scotland, and other ufes men-
tioned in the treaty of union; and
to diſcharge the equivalents claim-
ed on behalf of Scotland in the terms
of the fame treaty; and for obviat-
ing all future difputes, charges and
expences, concerning thofe equi-
valents.
Cap. 21. For the better fecuring the
lawful trade of his Majeſty's fub-
jects to and from the East-Indies;
and for the more effectual prevent-
ing all his Majefty's fubjects trad-
ing thither under foreign commiſ-
fions.
Cap. 22. For enlarging the time to
determine claims on the forfeited
eftates.
Cap. 23. For appointing a commif-
fioner and truſtee to put in execu-
tion the powers and authorities of
the ſeveral acts of parliament re-
lating to the forfeited eſtates, and
eftates given to fuperftitious uſes,
in the room of George Treby efq;
who has defired to be difcharged
from the faid trufts.
Cap. 24. For the better preventing
frauds committed by bankrupts.
Cap. 25. For continuing the act made
in the eighth year of the reign of
the late Queen Anne, to regulate
the price and afſize of bread; and
for continuing the act made in the
twelfth
year of her faid late Maje-
jeſty's reign, for the better en-
couragement of the making fail-
cloth in Great Britain.
Cap. 26. For preventing the mischiefs
which may happen by keeping too
great quantities of gunpowder in or
near the cities of London and Weft-
minſter, or the ſuburbs thereof.
Cap. 27. To prevent the inconveni-
encies arifing from feducing arti-
ficers in the manufactures of Great
Britain into foreign parts.
Cap. 28. For the further punishment
of fuch perfons as fhall unlawfully
kill or deſtroy deer in parks, pad-
docks or other inclofed grounds.
Cap. 29. For making more effectual
the laws appointing the oaths for
fecurity of the government, to be
taken by minifters and preachers
in churches and meeting-houſes
in Scotland.
Cap. 30. For amending and making
more effectual the laws for repair-
ing the highways, bridges, and
ferries
A TABLE of the STATUTES.
F
ferries in that part of Great Britain
called Scotland.
Cap. 31. For enlarging the time
granted by an act of the ninth and
tenth years of King William, for
cleansing and making navigable
the channel from the Hythe at Col-
chefter to Wivenhoe; and for mak-
ing the ſaid act more effectual.
Cap. 32. For relief of fuch fufferers
of the islands of Nevis and St.
Christopher's, as have fettled in ei-
ther of thoſe iſlands, and made due
proof of ſuch ſettlement before the
twenty fifth day of December 1712.
Private Alts.
A
Anno 5 Georgii I.
1. An act for repairing the roads from
the top of Stoken-Church hill to En-
flow Bridge, and the road leading
from Wheatley Bridge through the
city of Oxon by Begbrooke, to New
Woodstock in the county of Oxon
(except the mile-way on each fide
the city) and to difable all com-
miffioners or truſtees appointed for
repairing of any highways or roads,
to have any place of profit ariſing
out of the toll for repairing ſuch
highways or roads.
2. An act for repairing the roads from
Beconsfield in the county of Bucks,
to Stoken-Church in the county of
Oxon.
3. An act to render more effectual
the agreements that have been
made between Thomas Holles duke
of Newcastle, Henry Pelham, efq;
Edward Lord Harley, and the lady
Henrietta his wife, William Vane
and Gilbert Vane, efquires, fons of
Chriftopher Lord Bernard, or any of
them, in relation to the will and
estate of John late duke of New-
caftle; and for fettling the fame in
fuch manner as may be agreeable
to the intent of the faid agree-
ments; and for other purpoſes
therein mentioned.
4. An act to veft the fee and inherit-
5.
ance of the capital meffuage called
Halifax Houfe in St. James's Square,
in the parish of St. James, Westmin-
fter, and the caftle and manor of
Fotheringhay in the county of North-
ampton, in truftees, to be fold to-
gether with a term of five hundred
years deviſed by William late lord
imarquis of Halifax to his executors,
in truft, for the better performance
of his will.
An act for relief of Sir Nicholas
Tempest, baronet, touching an eſtate
demifed to him by William late lord
Widdrington and lady Jane his late
wife, many years before the at-
tainder of the faid late lord Wid-
drington.
6. An act to enable William Granvill,
efq; to take upon him the furname
of Glanvill, inſtead of his furname
of Evelyn, purfuant to the will of
William Glanvill, efq; deceafed.
7.
An act to enable William Pultney,
efq; and the perfons in remainder
after him, to make leafes of the
houſes and ground therein men-
tioned, and to rectify fome miſtakes
in two leaſes from King Charles the
Second to Sir William Pulteney, and
from King William the Third to
John Pulteney, efq;
8. An act for vefting certain lands
and tenements in the county of
Somerset, the eſtate of Thomas Jett,
efq; in truſtees, to be fold, and
with the money arifing thereby, to
purchaſe other lands of the like
value, to be fettled to the fame
uſes.
9.
An act for veſting in John Porrett,
gent. and his heirs, part of the
eftate of Thomas Davifon, efq; at
Stranton, Seaton, Carew and Thorp
Thewles in the county of Durham,
freed from the uſes and trufts of
the faid Thomas Davifon's marriage
fettlement, and to fettle other lands
of better value to the fame uſes.
10. An act for ſale of feveral manors,
lands, tenements and hereditaments
1
2 2
of
A TABLE of the STATUTES.
of the right honourable Thomas
earl of Westmorland in the county
of Kent, and with the monies a-
rifing by fuch fale to purchaſe other
lands in or near the county of
Northampton, to be fettled to the
fame uſes.
II. An act for vefting an eſtate late
of Francis Phelips, efq; in Barking
in the county of Effex, in truftees,
to be fold for the purpoſes therein
mentioned.
12. An act to enable Thomas IVil-
loughby, efq; and the perfons in
remainder after him, to make a
jointure.
13. An act to enable Catherine Paul,
an infant, to transfer the truft
therein mentioned, as if he were
of the age of one and twenty years.
14. An act for confirming an agree-
ment between the mayor and com-
monalty and citizens of the city of
London, governors of the poffef-
fions, revenues and goods of the
hofpitals of Edward King of Eng-
land the Sixth, of Chrift, Bridewell
and St. Thomas the Apostle, and the
governors of the fchools founded
by Erafmus Smith, eſq;
15. An act for ſale of part of the eſtate
of Robert Barnwell, efq; and for
purchafing other lands to be fettled
to the fame uſes, as the eſtate to
be fold is fettled.
16. An act for fale of the eſtate of
Nathaniel Long late of London mer-
chant, deceaſed, for payment of
his debts, and for applying the re-
fidue according to the direction of
his will.
17. An act to naturalize Peter Se-
journe, Samuel Dufrefnay, and Peter
Lucas.
18. An act for naturalizing Lodowick
Christian Sprogell.
19. An act for making the town and
townthip of Sunderland a diftinct
parish from the parish of Bishop
Wearmouth in the county of Dur-
bam.
20. An act for vefting the manors of
Afkie, Catterton, and other lands in
the county of York, and county of
the city of York, part of the eſtate
of Philip duke of Wharton, in tru-
ſtees, to be fold or mortgaged for
the purpoſes therein mentioned.
21. An act to enable the lords com-
miffioners of the treaſury, or lord
high treaſurer for the time being,
to compound with Jasper Cullum
for the debts he ftands engaged
for to the crown on account of
Richard Lee, Thomas Corbin, Hene-
age Robinſon and John Fox, for the
duties on tobacco.
22. An act to enable the lords com-
miflioners of the treafury, or lord
high treaſurer for the time being,
to compound with Robert Wemes
for the debt due from him to his
Majefty, in relation to the duties
on falt.
23.
An act to enable Robert Packer,
efq; and Mary his wife, Winch-
combe Howard Packer, (their fon a
minor) Henrietta Winchcombe, and
Thomas Skerret, efq; and dame Eli-
zabeth Winchcombe his wife, to en-
ter their reſpective claims before
the commiffioners and truſtees for
determining claims upon the forfeit-
ed eſtates, and to impower the faid
commiffioners and truſtees to hear
and determine the faid claims.
24. An act for the relief of Edward
Clent, efq; executor of lieutenant
colonel Thomas Clent, for an army
debenture loft in the pay-office.
25. An act to naturalize Peter Lamy
de Hame, and Charlotte Whetstone.
Anno 6 Georgii I.
Cap. 1. For granting to his Majeſty
an aid by a land-tax to be raiſed in
Great Britain, for the fervice of the
year 1720.
Cap. 2. For continuing the duties on
malt, mum, cyder and perry, for
the ſervice of the year 1720, and
for enabling the lords commiffion
orb
A TABLE of the STATUTES.
ers of his Majeſty's treaſury to call
in fuch exchequer-bills as are to be
cancelled and difcharged with mo-
ney appointed for that purpoſe,
Cap. 3. For puniſhing mutiny and
defertion, and for the better pay-
ment of the army and their quar-
ters.
Cap. 4. For enabling the South-Sea
company to increaſe their prefent
capital ſtock and fund, by redeem-
ing fuch publick debts and incum-
brances as are therein mentioned;
and for raifing money to be applied
for leffening feveral of the publick
debts and incumbrances; and for
calling in the prefent exchequer-
bills remaining uncancelled; and
for making forth new bills in lieu
thereof, to be circulated and ex-
changed upon demand at or near
the exchequer.
Cap. 5. For the better fecuring the
dependency of the kingdom of Ire-
land upon the crown of Great Bri-
tain.
Cap. 6. For preventing the carriage
of exceffive loads of meal, malt,
bricks and coals, within ten miles
of the cities of London and West-
minster.
Cap. 7. For laying a duty of two
pennies Scots, or one fixth part of
a penny ſterling, upon every pint
of ale or beer that ſhall be vended
or fold within the town of Mon-
trofe, and privileges thereof, for
fupplying the faid town with freſh
water, and for other purpoſes there-
in mentioned.
Cap. 8. For laying a duty of two
pennies Scots, or one fixth part of
a penny ſterling, upon every Scots
pint of beer or ale vended or fold
within the town of Bruntifland and
liberties thereof, for increafing the
publick revenue of the faid town,
and for other purpoſes therein.
mentioned.
Cap. 9. For laying a duty of two
pennies Scots, or one ſixth part of
a penny fterling, upon every Scots
pint of beer and ale that ſhall be
vended or fold within the town of
Pittenweem and liberties thereof,
for repairing the harbour there,
and for maintaining other publick
works of the faid town.
Cap. 10. For making forth new ex-
chequer-bills, not exceeding one
million, at a certain intereft; and
for lending the fame to the South-
Sea company at an higher intereſt,
upon fecurity of repaying the fame
and fuch high intereſt into the ex-
chequer, for ufes to which the fund
for leffening the publick debts (cal-
led the finking fund) is applicable;
and for circulating and exchanging
upon demand the faid bills at or
near the exchequer.
Cap. 11. For laying a duty upon
wrought plate; and for applying
money arifing for the clear pro-
duce (by fale of the forfeited eftates)
towards anfwering his Majefty's
ſupply; and for taking off the
drawbacks upon hops exported for
Ireland; and for payment of annui-
ties, to be purchaſed after the rate
of four pounds per centum per an-
num at the exchequer, redeemable
by parliament; and for appropri-
ating fupplies granted in this fef
fion of parliament; and to prevent
counterfeiting receipts and warrants
of the officers of the South-Sea com-
pany; and for explaining a late act
concerning foreign falt cellared and
locked up before the four and
twentieth day of June 1719; and
to give a further time for paying
duties on certain apprentices in-
dentures; and for relief of Thomas
Vernon, efq; in relation to a parcel
of fenna imported in the year
1716.
Cap. 12. For preventing of frauds
and abuſes in the allowances on
damaged wines, and for lengthen-
ing the time for the drawbacks on
the exportation of wines.
a 3
Cap
A TABLE of the STATUTES.
Cap 13. For afcertaining the breadths,
and preventing frauds and abuſes
in manufacturing ferges, pladings
and fingrums, and for regulating
the manufactures of ftockings, in
that part of Great Britain called
Scotland.
Cap. 14. For prohibiting the im-
portation of raw filk and mohair
yarn of the product or manufacture
of Afia, from any ports or places in
the Streights or Levant feas, except
fuch ports and places as are within
the dominions of the Grand Seig-
nior.
Cap. 15. To repeal fo much of the
act, intituled, An act for preventing
frauds, and regulating abufes in his
Majefty's customs, paffed in the thir-
teenth and fourteenth years of
King Charles the Second, as relates
to the prohibiting the importation
of deal-boards and fir-timber from
Germany.
Cap. 16. To explain and amend an
act paffed in the first year of his
Majeſty's reign, intituled, An act
to encourage the planting of timber-
trees, fruit-trees, and other trees, for
ornament, ſhelter or profit, and for
the better prefervation of the fame,
and for the preventing the burning of
woods, and for the better preferva-
tion of the fences of fuch woods.
Cap. 17. For appointing commiffion-
ers to examine, ſtate and determine
the debts due to the army; and to
examine and ftate demands of ſe-
veral foreign princes and ftates for
fubfidies during the late war.
Cap. 18. For better fecuring certain
powers and privileges intended to
be granted by his Majelty by two
charters, for affurance of ſhips and
merchandizes at fea, and for lend-
ing money upon bottomry; and
for reftraining feveral extravaganṭ
and unwarrantable practices there-
in mentioned.
Cap. 19. For making perpetual fo
much of an act made in the tenth
year of the reign of Queen Anne,
for the reviving and continuing ſe-
.veral acts therein mentioned, as
relates to the building and repair-
ing county gaols; and alfo an act
of the eleventh and twelfth years
of the reign of King William the
Third, for the more effectual fup-
preffion of piracy; and for mak-
ing more effectual the act of the
thirteenth year of the reign of King
Charles the Second, intituled, An
act for establishing articles and orders
for the regulating and better govern-
ment of his Majesty's ſhips of war and
forces by fea.
Cap. 20. For continuing the acts for-
merly made for repairing the high-
ways in the county of Hertford
therein mentioned, and for making
the faid acts more effectual.
Cap. 21. For preventing frauds and
abuſes in the publick revenues of
excife, cuſtoms, ftamp-duties, poſt-
office, and houſe-money.
Cap. 22. For relief of infolvent debt-
ors, and for the more eafy dif-
charge of bankrupts out of execu-
tion, after their certificates allow-
ed.
Cap. 23. For the further preventing
robbery, burglary, and other fe-
lonies, and for the more effectual
tranſportation of felons.
Cap. 24. For better explaining the
nature of conveyances to be made
to the purchaſers of the forfeit-
ed eftates by the commiffioners
and truſtees acting in Scotland; and
for preventing difficulties in de-
termining claims on the faid eftates;
and to enable the judges in Ireland
to examine witneffes relating to
claims on forfeited eſtates there;
and for enabling fuch corporations
as fhall purchaſe any of the ſaid
eftates, to grant annuities, not ex-
ceeding the yearly value of the faid
eftates; and for relieving the widow
and daughters of the late Sir Donald
Macdonald,
Cap,
A TABLE of the STATUTES.
1
>
Cap. 25. For repairing the roads from
Stevenidge in the county of Hert-
ford, to Biggleswade in the county
of Bedford.
;
Cap. 26. For enlarging the term
granted by an act in the fourth
year of his Majeſty's reign, intitul-
ed, An act for repairing the highway,
leading from the Stones-End in Kent-
ſtreet to the Lime-Kilns in Eaſt-
Greenwich near Black Heath, and
to Lewisham church, being the Tun-
bridge road in the county of Kent
and for repairing and amending
the highways and roads leading
from Westminster ferry in the parish
of Lambeth in the county of Surrey,
to New-Croſs in the parish of Dept-
ford in the county of Kent; and for
enlarging the term granted by an
act paffed in the fourth year of his
Majeſty's reign, intituled, An act
for amending the roads from the city
of London to the town of Eaft-
Grinſtead in the county of Suffex,
and to Sutton and Kingſton in the
county of Surrey; and for explain-
ing and amending the fame act.
Cap. 27. For making the river Dar-
went in the county of Derby na-
vigable.
Cap. 28. For making the river Dou-
glas, alias Afland, navigable from
the river Ribble to Wigan in the
county palatine of Lancaster.
Cap. 29. For preferving and improv-
ing the navigation of the river Ouſe
in the county of Huntingdon.
Cap. 30. For making the river Idle
navigable, from East-Retford in
the county of Nottingham, to Baw-
try-Wharf in the county of York.
Private Acts.
Anno 6 Georgii I.
1. An act for fettling and affuring
the manors of Orton and Bottle-
Bridge, and other premiffes in the
county of Huntingdon, to the fe-
veral uſes mentioned in the will of
Margaret late duchefs of Newcaſtle,
1
2.
and for other purpoſes therein men-
tioned.
An act for veſting part of the eſtate
of Thomas earl of Hadinton, in tru-
ftees, to be fold, and with the mo-
nies ariſing thereby, to purchaſe
other lands of the like value to be
ſettled to the fame uſes.
3. An act to enable Anne Walker, alias
Baughs, a minor, the wife of Tho-
mas Folliot Walker, gent. to fell and
convey unto the right honourable
William Conolly, efq; and his heirs,
her ſhare and proportion of ſeveral
manors, lands, tenements and
hereditaments in the kingdom of
Ireland, deviſed to her by the laſt
will of Thomas late Lord Folliot, de-
ceaſed; and for other purpoſes
therein mentioned.
4.
An act for confirming a partition
made between the right honour-
able George lord Carbery, baron of
Carbery in the kingdom of Ireland,
and Henry O-Brien, efq; of cer-
tain manors, lands and heredita-
ments in the feveral counties of
Northampton and Rutland.
5. An act for inclofing the common,
commonly called Baltonfbury com-
mon, in the parishes of Baltonbury
and Bradley in the county of So-
merfet.
6.
*
An act to enable Thomas Dove, efq;
to raiſe two thouſand pounds upon
his eftate at Upton, Sutton, Ayles-
worth and Caftor, and to make fale
of his eſtate at Heathencoate in the
county of Northampton, for dif-
charging incumbrances upon the
faid eſtates, raiſing of portions for
his brother and fifter, and pay-
ment of his father's and his own
debts.
7. An act for inclofing the heath or
common, commonly called Grat-
wood Heath in the parish of Eccle-
fball in the county of Stafford.
8. An act to enable the leffees and
farmers of Daniel Whitby, doctor in
divinity, and prebendary of the
prebend
a 4
i
A TABLE of the STATUTES.
prebend of Teington Regis, in the
cathedral church of the bleffed lady
Mary the virgin, of Sarum, and of
all fucceeding prebendaries of the
faid prebend for the time being,
to make leafes of the copyhold
lands of the feveral manors of
Prefton, alias Preftown, and Church-
land, alias the Parfon's Land, in
the county of Devon.
9. An act for making the townships
of Shipfton and Tidmington a diſtinct
pariſh from the parish of Treding-
ton in the county and dioceſe of
Worcester, and for dividing the
rectory of the faid parish of Treding-
ton into three parts.
10. An act for ſupplying the defects
in, and better performance of the
will of Edmund Dunch, efq; de-
ceaſed.
11. An act for diſcharging certain
eftates in the counties of Lincoln
and Warwick, of and from the
ufes and limitations contained in
the marriage-fettlement of Sir Wil-
liam Keyte, baronet, and fettling
other lands in the county of Glou-
cefter, of greater value to the fame
ufes.
12. An act for vefting the eftates of
Sir John Hales and Sir Chriftopher
Hales, baronets, deceafed, in tru-
ftees, to be fold, for raiſing money
for the paying and difcharging the
debts and incumbrances charged
thereupon, and affecting the fame,
and for other purpoſes therein men-
tioned.
13. An act for fale of part of the
eftate of Sir John Chicheffer, baronet,
for the purpoſes therein mention-
ed.
14. An act to enable Elizabeth Go-
meldon, widow, and her trustees, to
enter their respective claims before
the commiffioners and trustees of
the forfeited eftates, and to im-
power the faid commiffioners and
truſtees to hear and determine the
fame.
15. An act to enable Laurence Brode-
rick, an infant, to perform certain
articles of agreement entered into
by Anne his mother, fince deceaſed,
to whom he is heir.
16. An act to enable truſtees to fell
part of the eſtate of John Sandford,
efq; deceaſed, for the payment of
his debts and legacies, and for o-
ther purpoſes therein mentioned.
17. An act for fale of the eſtate of
William Pembroke, late of Portf
mouth-Dock, deceaſed, fituate at
North- Mims in the county of Hert-
ford, for the purpoſes therein men-
tioned.
18. An act for vefting the eftate of
John Pendarves, late of Rofcrow in
the county of Cornwall, efq; de-
ceaſed, in new truftees, to and for
the fame ufes, intents and pur-
poſes, as are mentioned in his will.
19. An act to enable John Rofier, efq;
and his iffue, to change their ſur-
names from Rofier to Reynolds.
20. An act for the naturalization of
Mary Sophia Charlotte, viscountess
Howe, wife of Scroop lord viſcount
Howe of the kingdom of Ireland.
21. An act for naturalizing Gerard
Van Neck.
22. An act for naturalizing Bennet
Erafmus Hopfer.
23. An act for naturalizing John
Backer and George Kruger.
24. An act for naturalizing Samuel
Gampert.
25. Act for naturalizing Cornelius
Backer and Henry de Putter.
26. An act for naturalizing Francis
Van Hemert, John Van Hemert,
Frederick Morgan, and Henry Ni- .
cholas Sander.
27. An act for naturalizing John Hen-
ry Grutzman.
28. An act for vefting the eſtate late
of Gilbert Nicholletts, efq; deceaſed,
in truſtees for payment of his debts
and fifters portions, and for mak-
ing a provifion for his widow and
child,
29. An
4
بیجھے
*
A TABLE of the STATUTES.
29. An act for annexing the late duke
of Shrewsbury's eftate to the earl-
dom of Shrewsbury, and confirm-
ing Gilbert earl of Shrewsbury's fet-
tlement in order thereto, and for
other purpoſes therein mentioned.
30. An act for exchanging of feveral
fmall parcels of land in the parish
and manor of Fulham, belonging to
the bishoprick of London, for other
lands of greater value, to Charles
earl of Peterborough and Monmouth,
and his heirs.
31. An act to enable any corporations
within the univerfity of Cambridge,
or any other perfons, to fell and
convey any meffuages and ground
to the ſaid univerfity, for enlarg-
ing their publick library.
32. An act for rebuilding the pariſh-
church of Saint Martin in the Fields
in the city of Westminster, at the
charge of the inhabitants of the faid
pariſh.
33. An act for ſale of part of the e-
ftate of fir Coppleston Warwick Bamp-
fylde, baronet, and for fettling ano-
ther ettate of greater value to the
fame uſes.
34. An act to enable fir James Lum-
ley, baronet, to fettle a competent
jointure, and for other purpoſes
therein mentioned.
35. An act for naturalizing Philip
Germain and George Hollmans.
36. An act for naturalizing George
Angell.
Anno 7 Georgii I.
Cap. 1. For reſtraining the ſub-go-
vernor, deputy-governor, directors,
treaſurer or caſhier, deputy-caſhier,
and accountant of the South-Sea
company, from going out of this
kingdom for the ſpace of one year,
and until the end of the then next
feffion of parliament; and for dif
covering their eftates and effects;
and for preventing the tranfporting
or alienating the fame.
Cap, 2. To difable the prefent fub-
governor, deputy-governor and
directors of the South-Sea company,
at, from and after the refpective
times for electing a fub-governor,
deputy-governor and new directors
of the faid company, to take, hold
or enjoy any office, place or em-
ployment in the faid company, or
in the Eaft-India company, or bank
of England, and from voting upon
elections in the faid company.
Cap. 3. For repealing an act made in
the ninth year of the reign of her
late majeſty Queen Anne, intituled,
An act to oblige fhips coming from
places infected, more effectually to per-
form their quarentine; and for pre-
venting the plague being brought
from foreign parts into Great Bri-
tain or Ireland, or the ifles of Guern-
fey, Jersey, Alderney, Sark or Man;
and to hinder the fpreading of in-
fection.
Cap. 4. For granting an aid to his
Majeſty by a land-tax to be raiſed
in Great Britain, for the ſervice of
the year 1721.
Cap. 5. To enable the South-Sea com-
pany to ingraft part of their capital
ftock and fund, into the ſtock and
fund of the bank of England, and
another part thereof into the ſtock
and fund of the Eaft-India compa-
ny; and for giving further time for
payments to be made by the faid
South-Sea company, to the ufe of
the publick.
Cap 6. For puniſhing mutiny and
deſertion, and for the better pay-
ment of the army and their quarters.
Cap. 7. To preferve and encourage
the woollen and filk manufactures
of this kingdom; and for more
effectual employing the poor, by
prohibiting the uſe and wear of all
printed, painted, ſtained or died
callicoes, in apparel, houfholdſtuff,
furniture or otherwife, after the
twenty fifth day of December 1722.
(except as therein, is excepted.)
Cap. 8. For enlarging the time for
making
:
+
A TABLE of the
STATUTES,
$
making the river Kennet navigable
from Reading to Newbury in the
county of Berks.
Cap. 9. For the better preſervation of
the harbour of Rye in the county
of Suffex.
Cap. 10. For making the river Wea-
ver navigable from Frodsham-Bridge
to Winsford-Bridge in the county of
Cheſter.
Cap. 11. For finiſhing and adorning
the new chapel, called Saint George's
chapel, in Great Yarmouth in the
county of Norfolk, and for enligh-
tening the streets of the faid town,
by a duty or impofition on coals,
culm and cinders, to be landed and
confumed there.
Cap. 12. For imploying the manu-
facturers, and incouraging the con-
fumption of raw filk and mohair
yarn, by prohibiting the wearing
of buttons and button-holes made
of cloth, ferge, or other ftuffs.
Cap. 13. For regulating the journey-
men taylors within the weekly bills
of mortality.
Cap. 14. For continuing the duties
granted by feveral acts made in the
fixth and tenth years of her late
Majesty's reign for repairing the
harbour and key of Watchett, in
the county of Somerset.
Cap. 15. For making the rivers Mer-
cy and Irwell navigable from Liver-
poole to Manchester, in the county
palatine of Lancaster.
Cap. 16. For the better preferving
and keeping in repair the piers of
the town and port of Whitby in the
county of York, and for explaining
and making more effectual the fe-
veral acts paffed for lengthening
and repairing the piers of Bridling-
ton, alias Burlington, in the faid
county.
Cap. 17. For making navigable the
river Dane, from Northwich, where
it joins the river Weaver, to the fal-
ling in of Wheelock-Brook; and
Wheelock-Brook up to Wheelock-
Bridge in the county of Chester.
Cap. 18. For enlarging the term
granted by an act paffed in the tenth
year of the reign of her late maje-
fty Queen Anne, intituled, An act
for repairing the road from Highgate
Gate-houfe in the county of Middle-
fex, to Barnet Blockhoufe in the
county of Hertford; and for repair-
ing the road leading from the Bear-
Inn in Hadley to the fign of the An-
gel in Enfield chafe in the faid coun-
ty of Middleſex.
Cap. 19. For continuing an act made
in the fixth year of the reign of her
late majesty Queen Anne, intituled,
An act for repairing and enlarging the
highways between the top of Kingf-
down-Hill and the city of Bath; and
alfo feveral highways leading to and
through the faid city; and for cleanf-
ing, paving and lightning the streets,
and regulating the chairmen there;
and for explaining and making the
faid act more effectual.
Cap. 20. For continuing the duties
on malt, mum, cyder and perry,
to raiſe money by way of a lottery,
for the ſervice of the year 1721,
and for transferring the deficiency
of a late malt-act to the land-tax
for the faid year; and for difpofing
certain overplus money to proper
objects of charity; and for giving
further time to clerks and appren-
tices to pay duties omitted to be
paid for their indentures and con-
tracts; and touching fmall quanti-
ties of cyder exported; and for re-
lief of captain John Perry, concern-
ing Dagenham Breach; and touch-
ing loft bills, tickets or orders; and
concerning the duty of fmall pieces
of plate; and to enable the under-
takers for raifing Thames water in
York-Buildings, to fell annuities by
way of a lottery; and for fatisfying
a debt, which was charged on the
late duty on hops; and for appro-
priating
6
*
A TABLE of the STATUTES.
priating the monies granted in this
feffion of parliament.
Cap. 21. For the further preventing
his Majeſty's fubjects from trading
to the East-Indies under foreign
commiffions; and for encouraging
and further fecuring the lawful
trade thereto; and for further re-
gulating the pilots of Dover, Deal
and the ifle of Thanet.
Cap. 22. For enabling Charles earl of
Arran to purchaſe the forfeited e-
ftate of James Butler, late duke of
Ormonde; and for granting relief
to William late lord Widdrington ;
and for enlarging the time for de-
termining claims upon the forfeit-
ed eſtates; and for enabling the
commiffioners for the faid forfeited
eftates to certify into the exchequer,
all ſuch eſtates as they have found
to be given to popiſh or fuperftiti-
ous ufes.
Cap. 23. For repairing the feveral
roads leading from the town of Led-
bury in the county of Hereford, to
the feveral places therein mentioned.
Cap. 24. For repairing the road from
Vendover to the town of Bucking-
ham in the county of Bucks.
Cap. 25. For laying a duty of two
pennies Scots, or one fixth part of a
penny sterling, upon every Scots pint
of ale or beer that ſhall be brewed
for fale, vended or tapped within
the town of Fedburgh, and privi-
leges thereof, for paying the pub-
lick debts of the faid town, and for
fupplying the fame with freſh wa-
ter, and for other purpoſes therein
mentioned.
Cap. 26. For repairing the road from
Saint Giles's Pound to Kilbourne-
Bridge, in the county of Middleſex.
Cap. 27. For raiſing a fum not ex-
ceeding five hundred thouſand
pounds, by charging annuities at
the rate of five pounds per centum
per annum upon the civil lift reve-
nues, till redeemed by the crown;
and for enabling his Majesty, his
heirs or fucceffors, (by caufing fuch
a deduction to be made as therein
is mentioned) to make good to the
civil lift the payments which ſhall
have been made upon the faid an-
nuities; and for borrowing money
upon certain lottery-tickets; and
for diſcharging the corporations for
affurances of part of the money
which they were obliged to pay to
his Majefty; and for making good
a deficiency to the Eaft-India com-
pany.
Cap. 28. For raifing money upon the
eftates of the late fub-governor,
deputy-governor, directors, cafhier,
deputy-caſhier and accountant of
the South-Sea company, and of John
Aiflabie efq; and likewife of James
Craggs fenior efq; deceaſed, towards
making good the great lofs and da-
mage ſuſtained by the faid compa-
ny; and for diſabling ſuch of the faid
perfons as are living, to hold any
office or place of truft under the
crown, or to fit or vote in parlia-
ment for the future; and for other
purpoſes in the faid act expreffed.
Cap. 29. For the King's moft graci-
ous, general and free pardon.
Cap. 30. For appointing commiffion-
ers to examine, ftate, and determine
the debts due to the army.
Cap. 31. For explaining and making
more effectual the feveral acts con-
cerning bankrupts.
Cap. 32. To explain and amend the
act of the twelfth year of her late
Majeſty's reign, intituled, An alt
for repairing the highway or road from
the ftones-end in the parish of St.Leo-
nard Shoreditch in the county of Mid-
dleſex, to the furthermoft part of the
northern road in the parish of Enfield
in the fame county, next to the pariſh
of Cheshunt in the county of Hert-
ford.
Private Alis.
Anno 7 Georgii I.
1. An act for naturalizing John Ro-
bethon, and George Robethon his fon.
2. An
A TABLE of the STATUTES.
2. An act to naturalize Joachim Pe-
terfen, Henry Muilman, Benedict
Coep, and John Henry Ott.
3. An act to encloſe the common
field of Lighthorne, and a common
called Lighthorne-Heath, in the
county of Warwick.
4. An act for draining, improving,
and inclosing the common called
Stokefby-Common in the parish of
Stoke by in the county of Norfolk.
5. An act to enable the right honour-
able Heneage earl of Aylesford, to
fell certain eftates of leafehold and
inheritance in the county of Kent,
comprized in his marriage-fettle-
ment; and to purchaſe another e-
ſtate in the county of Leicester of
better value, to be fettled to the fame
uſes.
6. An act for the naturalization of
Ifabella countefs of Denbigh, wife
of William earl of Denbigh.
7. An act for naturalizing John Hart-
cup.
8. An act for naturalizing Gilbert de
Flines, Chriftian Friederick Zincke,
and others.
9. An act to enable the right honour-
able Thomas lord Parker, Baron of
Macclesfield, lord high chancellor of
Great Britain, John Sutton clerk,
Edward Ayres and Sarah his wife,
and Matthew Hawes and Sarah his
wife, for and on the behalf of them-
felves, and of their infant children,
to make ſeveral exchanges of lands
and tenements, and to perform ſe-
veral agreements touching the fame.
10. An act to veft the fee and inheri-
یر
tance of divers meffuages, lands,
and hereditaments of William late
marquis of Hallifax in truſtees, to
be fold together with a term of five
hundred years by him deviſed to his
executors in truft, for the better
performance of his will.
11. An act for fettling the eſtates of
Richard late earl Rivers deceaſed,
purſuant to an agreement made be-
tween Frederick earl of Rochford and
Befly countess of Rochford his wife,
James Barry earl of Barrymore in
the kingdom of Ireland, and lady
Penelope Barry his daughter, and
John now earl Rivers, ſubject to
the payment of the debts and le-
gacies of the faid late earl Rivers,
remaining unpaid; and for other
purpoſes in the faid act mentioned.
12. An act for ſale of part of the e-
ſtate of the right honourable Robert
lord Romney in the county of Nor-
folk, and for fettling other lands, of
greater value in the county of Kent,
already purchaſed, to the fame uſes.
13. An act to enable any corporations
within the university of Oxford, or
any other perſons, to fell and con-
vey any meffuages and ground with-
in the faid univerfity, for building
a library, purſuant to the will of
John Radcliffe, doctor in phyfick;
and for impowering any colleges in
the faid univerſity, to fell or con,
vey any ground or houfes to each
other, for the purpoſes therein men-
tioned.
14. An act to veft the eſtate of fir
Charles Carteret, bart. deceaſed, in
truſtees, for payment of his debts,
and for fettling the remainder to the
fame uſes in his will.
15. An act to enable his Majefty to
grant the inheritance of certain e-
ſtates therein mentioned, held by
leaſe from the crown, which have
been long in the family of fir Wil-
liam Pulteney deceaſed, in which
more than one hundred years are
yet to come, to trustees, upon a
full confideration to be paid for the
fame, as fhall be valued by proper
officers of the crown, to the end
the fame, may be fettled accord-
ing to the ufes directed in the
will of the faid fir William Pul-
teney.
16. An act for veſting in truſtees a
moiety of divers manors and lands
in Effex, belonging to Thomas Paget
efq; and Mary his wife, to enable
them
A TABLE of the STATUTES.
them to convey the fame according
to articles for fale thereof.
17. An act to enable Herbert Perrot
Packington efq; only ſon of fir John
Packington baronet, to acknowledge
fines, and fuffer recoveries, while
he is under the age of one and twen-
ty years.
18. An act for vefting certain lands
and tenements in the county of
Gloucester, the eſtate of Henry Har-
rington gent. in truſtees, to be fold,
and with the money arifing there-
by to purchaſe other lands of great-
er yearly value, to be fettled to the
fame uſes as the eſtate to be fold is
ſettled, and for other purpoſes
therein mentioned.
19. An act to enable Harry Bridges
efq; to fell the manors of Ilebrewers
in the county of Somerfet, for pay-
ment of his daughter's portion, and
legacies charged thereupon.
20. An act for difcharging certain e-
ſtates in the counties of Norfolk and
Suffolk, of and from the ufes and
limitations contained in the mar-
riage-fettlement of Thomas de Grey
efq; and for fettling other eftates in
the faid counties to the fame uſes.
21. An act to enable James Clavering
junior, efq; to make ſale of his e-
ftate at Tanfield in the county of
Durham, freed from the uſes and
trufts in the faid James Clavering's,
marriage-fettlement, and to fettle
his eſtate at Hall-Hill in the faid
county, to the ſame uſes.
22. An act for veſting the manors of
Burnells, alias Rifton, and certain
lands in Norfolk, part of the eſtate
of Jonas Rolfe, gent. and Lucy his
wife, in truſtees, to be fold for dif-
charging the incumbrances thereon,
and for other purpoſes therein men-
tioned.
23. An act to enable Robert Paynter efq;
to ſell the manors of Twydal and
Eaft-Court in the county of Kent;
and to ſettle other lands of greater
value to the fame or the like ufes.
24. An act for fale of the eſtate of
John, late earl of Kildare deceaſed,
in the county of Limerick within the
kingdom of Ireland, for payment
of the charges and incumbrances.
thereon, and for other purpoſes
therein mentioned.
25. An act for diſcharging part of the
eftate of Richard Cambridge efq; in
the county of Gloucester, from the
uſes and limitations contained in
his marriage-fettlement; and for
fettling another eſtate in the fame
county of better value, to the fame
ufes.
26. An act for inclofing the heath or
common called Broad-Heath, in the
pariſhes of Ellen-Hall, Seighford and
Ronton, in the county of Stafford.
27.
An act for naturalizing James
Mafe and Jacob Stolk.
28. An act for naturalizing John de
Neufuille.
29. An act for confirming the manor
of Latham, and divers lands in the
county of Lancaster, to Richard Wa-
ring, Bryan Fairfax and Thomas Afb-
urft efqs; and their heirs, ſubject to
the trufts to which the fame are
now liable, and difcharged of a
certain clauſe in letters patents of
King Charles the firft, for reconvey-
ing the reverfion in fee to the crown.
30. An act for vefting part of the e-
ſtate late of Anthony Lechmere efq;
deceaſed, in truftees, to be fold for
payment of his debts.
31. An act for fale of the eſtate of the
manor of Radwell, and other the e-
ſtate of Robert Bell efq; and Richard
Bell his fon, in Radwel and Norton
in the county of Hertford; and for
purchaſing other lands to be ſettled
to the fame uſes.
32. An act for ſale of the eſtate late of
Richard Gwyn gent. in the county.
of Brecon, for payment of debts,
and for the ſettling an eſtate in the
county of Carmarthen, to certain
purpoſes therein mentioned.
33, An act for fale of part of the e-
ftate
A TABLE of the STATUTES.
ftate of Edward Nedham, gent. in
the county of Leicester, for payment
of debts charged thereupon; and
for other purpoſes therein menti-
oned.
34. An act for naturalizing John Fre-
derick Fales.
Anuo 7 Georgii I. Seſſ. 2.
For making ſeveral provifions to re-
ftore the publick credit, which fuf-
fers by the frauds and mifmanage-
ments of the late directors of the
South-Sea company, and others.
Private Act.
An act for naturalizing James Loftan.
Anno 8 Georgii I.
Cap. 1. For granting an aid to his
Majefty by a land-tax to be raiſed
in Great Britain, for the ſervice of
the year 1722.
Cap. 2. For continuing the duties on
malt, mum, cyder and perry, to
raiſe money by way of a lottery, for
the fervice of the year 1722, and
for transferring the deficiencies of
a late malt-act to the land-tax for
the ſaid year, and for giving time
for inſerting the money given with
apprentices in their indentures, and
touching loft bills, tickets or or-
ders; and for exchanging the tickets
in the exchequer for certificates ;
and for fuppreffing lotteries, deno-
minated fales, and other private
lotteries; and for enlarging the time
for the accountant general of the
bank of England, to return dupli-
cates of annuities into the exche-
quer.
Cap. 3. For puniſhing mutiny and
deſertion, and for the better pay-
ment of the army and their quarters.
Cap. 4. For taking off the duty upon
all falt ufed in the curing of red
herrings and laying a proporti-
onable duty upon all red her-
rings confumed at home only;
and for afcertaining the cuftoms and
exciſe payable for the fugar-houſes
in Scotland; and for making an al-
lowance for falt loft in any harbour
or river of this realm; and for the
better fecuring the duties on falt
delivered in Scotland.
Cap. 5. To explain and amend the
act paffed in the third year of his
preſent Majeſty's reign, for repair-
ing the highway from feveral places
therein mentioned, leading towards
Highgate Gate-House and Hamp-
flead, in the county of Middlefex.
Cap. 6. For granting the people cal-
led Quakers, fuch forms of affirm-
ation or declaration, as may remove
the difficulties which many of them
lie under.
Cap. 7. For laying a duty of two pen-
nies Scots, or one fixth part of a
penny fterling, upon every Scots
pint of ale or beer that ſhall be
brewed for ſale, vended, or tapped
within the town of Elgine, and pri-
vileges thereof, for paying the pub-
lick debts of the faid town, and for
other the purpoſes therein menti-
oned.
Cap. 8. To enable his Majeſty effec-
tually to prohibit commerce (for
the ſpace of one year) with any
country that is or thall be infected
with the plague; and for ſhortning
the continuance of an act paſſed in
the ſeventh year of his Majesty's
reign, intituled, An act for repealing
an act made in the ninth year of her
late majesty Queen Anne, intituled,
An act to oblige fhips coming from
places infected, more effectually to per-
form their quarentine'; and for the
better preventing the plague being
brought from foreign parts into Great
Britain or Ireland, or ifles of Guern-
fey, Jerſey, Alderney, Sark or Man;
and to binder the spreading of infec-
tion.
Cap. 9. For continuing an act paſſed
in the tenth year of the reign of her
late Majefty, intituled, An act for
repairing the highway between a cer-
tain place called Kilburn-Bridge, 'in
the
!
A TABLE of the STATUTES.
the county of Middlefex, and Spar-
rows-Herne in the county of Hert-
ford; and for making the faid act
more effectual.
Cap. 10. For repealing ſuch clauſes
in the act paffed in the feventh year
of his Majeſty's reign (relating to
quarentine and the plague) as give
power to remove perfons from their
habitations, or to make lines about
places infected.
Cap. 11. For reftoring and rebuilding
the haven and piers of Bridport, in
the county of Dorfet; and for ma-
king a fluice there.
Cap. 12. Giving further encourage-
ment for the importation of naval
ftores; and for other purpoſes there-
in mentioned.
Cap.13.For the amending the highways
leading from Brampton-Bridge, near
Church-Brampton, in the county of
Northampton, through the pariſh of
Thornby, to a bridge called Welford-
Bridge, in the parish of Welford in
the faid county; and alfo the great
poft-road from a place called Mor-
ter-Pit-Hill, in the parish of Pis-
ford in the faid county, through the
towns and parishes of Brixworth,
Lamport, Maidwell, Kelmarfh, and
Oxenden Magna, to a bridge called
Chain-Bridge, leading into Market-
Harborough in the county of Lei-
cefter.
Cap. 14. For making the river Eden
navigable to Bank-End in the coun-
ty of Cumberland.
Cap. 15. For encouragement of the
filk manufactures of this kingdom;
and for taking off feveral duties on
merchandizes exported; and for
reducing the duties upon bea-
ver ſkins, pepper, mace, cloves,
and nutmegs imported; and
for the importation of all furs
of the product of the Bri-
tiſh plantations, into this king-
dom only; and that the two cor-
porations of affurance, on any fuits.
brought on their policies, ſhall be
liable only to fingle damages and
cofts of fuit.
Cap. 16. For taking off the duty up-
on all falt uſed in the curing and
making of white herrings, and in-
ftead thereof laying a proportion-
able duty upon all white herrings
confumed at home only; and for
making an allowance for tobacco
exported from Scotland, in the time
therein mentioned; and for giving
farther relief to the refiners of rock-
falt.
Cap. 17. For more equal paying and
better collecting certain fmall fums
therein mentioned, for relief of fhip-
wrecked mariners, and diftreffed
perfons (his Majeſty's fubjects) in
the kingdom of Portugal; and for
other pious and charitable purpoſes
uſually contributed to by the mer-
chants trading to Portugal.
Cap. 18. To prevent the clandeftine
running of goods, and the danger
of infection thereby; and to pre-
vent ſhips breaking their quaren-
tine; and to ſubject copper ore, of
the production of the British plan-
tations, to fuch regulations, as o-
ther enumerated commodities of
the like production are fubject.
Cap. 19. For the better recovery of
the penalties inflicted upon perfons
who deſtroy the game.
Cap. 20. For paying off and cancel-
ling one million of exchequer-bills,
and to give eafe to the South-Sea
company, in reſpect of its prefent
obligation to circulate or contribute
towards circulating'exchequer-bills;
and to give further time to that
company for repayment of one
million, which was lent to them
and for iſſuing a further fum in new
exchequer-bills, towards his Ma-
jeſty's fupply, to be diſcharged and
cancelled, when the faid company
ſhall repay the million, owing by
them; and that the exchequer-bills,
which are to continue, may be cir-
culated at eaſy and moderate rates;
and
A TABLE of the STATUTES.
and for appropriating the fupplies
granted to his Majeſty in this feffion
of parliament; and for relief of the
fufferers at Nevis and Saint Chrif
tophers, by an invaſion of the French
in the late war, and for laying a
further duty on apples imported;
and for aſcertaining the duties on
pictures imported.
Cap. 21. To enable the South-Sea
company to diſpoſe of the effects in
their hands by way of lottery or
ſubſcription, or to fell part of their
fund or annuity payable at the ex-
chequer, in order to pay the debts
of the faid company; and for re-
lief of fuch, who were intended to
have the benefit of a late act touch-
ing payment of ten per centum there-
in mentioned.
Cap. 22. To prevent the mifchiefs
by forging powers to transfer fuch
ftocks, or to receive fuch annuities
or dividends as are therein mention-
ed,or by fraudulently perfonating the
true owners thereof; and to recti-
fy the miſtakes of the late managers
for taking fubfcriptions for increaf-
ing the capital ſtock of the Scuth-
Sea company, and in the inftru-
ments founded thereupon.
Cap. 23. For prolonging the times for
hearing and determining claims be-
fore the truſtees, in whom the eſtates
of the late South-Sea directors, and
of John Aiflabie efq; and likewife of
James Craggs efq; deceaſed, are veſ-
ted; and for other purpoſes there-
in mentioned.
Cap. 24. For the more effectual fup-
preffing of piracy.
Cap. 25. For fupplying ſome defects
in the ftatute of the twenty third
of King Henry the eighth, intituled,
An act for obligations to be taken by
two chief justices, the mayor of the
ftaple, and the recorder of London;
and for fetting down the time of
figning judgments in the principa-
lity of Wales, and counties palatine.
Cap. 26. For better fupplying the city
and liberties of Westminster, and
parts adjacent, with water.
Cap. 27. For the better preventing a-
bufes committed in weighing and
packing of butter in the city of York.
Cap. 28. For fupplying the records
of the commiffary court of Aber-
deen, burnt or loſt in the late fire
there.
Cap. 29. For preventing delays in the
execution of the truft repoſed in the
governors of the hofpital of King
fames, founded in the Charter-
Houſe, at the charges of Thomas
Sutton efq; for the benefit of the ſaid
hofpital.
Cap. 30. For repairing the highways
from the ftones-end at Whitechapel
church, in the county of Middlefex,
to Shenfield, and to the furthermoft
part of the parish of Woodford, lead-
ing to the town of Epping in the
county of Effex.
Cap. 31. To veft the ground, wharf
and key, called Wool-Key, in the
parish of All Saints Barking, in the
city of London, with the buildings
and warehouſes thereupon, in tru-
ftees for his Majefty, his heirs and
fucceffors for ever, fubject to an a-
greement made on his Majefty's
behalf, with the wardens and affift-
ants of the free-ſchool in Sevenoake,
in the county of Kent.
Private Alts.
Anno 8 Georgii I.
1. An act for naturalizing Detelef Von
de Thisnen, and Melufine baronefs of
Schoulenburgh.
2. An act for naturalizing Jeanne Col-
tee du Carel, and others.
3.
4.
of
An act for naturalizing Auguſte
Tebuteau, Jofeph Murat, and others.
An act to veft two fourth parts
a fec-farm rent of eighty two pounds
eight fhillings and two pence, iffu-
ing out of the manor of Kingswood
in the county of Wilts (of which
two fourth parts the lord viſcount
Hartourt is feifed in fee) in truſtees,
to
A TABLE of the STATUTES.
to the like uſes as a meffuage and
lands called Johnſon's Farm, in the
parishes of Stanton Harcourt and
Southley, or one of them, in the
county of Oxen, were devifed by
dame Elizabeth Harcourt, widow,
deceaſed, and in lieu thereof for
vefting the faid premiffes, called
Fohnson's Farm, in the faid lord
viſcount Harcourt and his heirs.
5. An act to enable the mayor, bur-
geffes, and commonalty of the city
of Bristol, to build an exchange
there for the conveniency of the
merchants and traders of that city.
6. An act for ſale of part of fir John
Wentworth's eftate, towards raifing
part of the fum of ten thouſand
pounds for the purpoſes therein
mentioned.
7. An act for vefting part of the e-
ftate of fir Ralph Milbanke, bart. in
truſtees, to be fold for performing
his father's will, and an agreement
made with his brother and fifters.
8. An act for uniting and confolidat-
ing the pariſh-churches of Stypud,
alias Steeple, and Tyneham within
the isle of Purbeck, in the county of
Dorfet.
9. An act to enable Elizabeth and
Margaret Newton, infants, during
their minority (with conſent of tru-
ftees) to grant and fill up leaſes of
part of the eftate late of John New-
ton efq; their father, deceaſed.
10. An act for vefting the eſtate late
of James Price of Pilleth, in the
county of Radnor, efq; deceaſed in
trustees, to be fold for payment of
feveral portions, and legacies charg-
ed thereon.
II. An act to impower the commif-
fioners and truſtees for the forfeit-
ed eftates, to give fuch relief to
Hugh Wallace of Ingleftoun, efq; and
Hugh Wallace his fon, in relation to
their part in an heritable bond and
VOL. XIV.
enfeoffment upon the eftate of James
late earl of Linlithgow, attainted of
high treaſon, as they have given to
other claimants upon the ſaid bond.
12. An act for naturalizing Samuel
Palmer.
13. An act for naturalizing Lucas
Steinman, Paul Kruger, and Henry
Boon.
14. An act for naturalizing Chrifto-
pher Schele.
15. An act to explain and amend an
act made in the fecond year of the
reign of her late majefty Queen
Anne, intituled, An act for ſale of
part of the estate of Henry lord vif-
count Dillon, in the kingdom of Ire-
land, and for fettling an equivalent
in other part of his eftate on the vif-
countess his wife, for her jointure;
and to make a provifion for Bridget
viſcounteſs Dillon, wife of Richard,
now lord viſcount Dillon.
16. An act for inclofing Glaftonbury
commons, in the county of So-
merſet.
17. An act for vefting in truſtees the re-
verfion, freehold and inheritance of
part of the eſtate late of fir William
Davie bart. deceafed, (expectant
on a term of five hundred years)
to be fold for payment of his daugh-
ters portions, and legacies.
18. An act to enable his Majeſty to
make fuch provifions, as is therein
mentioned, for the children of
Fames Macdonald deceaſed, out of
the eſtate of the late fir Donald
Macdonald, their uncle, which was
forfeited to his Majefty for high
treafon.
19. An act for naturalizing Agatha
Drummond.
20. An act for naturalizing James
Girardot, and Paul Amfink.
21. An act to naturalize John Blyde-
Reyn.
b
The END of the TABLE.
THE
STATUTES at Large, &c.
Anno Regni GEORGII I. Regis Magne
Britannia, Francia & Hiberniæ, quinto.
A
T the parliament begun and holden at Weft-
minſter the feventeenth day of March, Anno
Domini one thousand feven hundred and fourteen,
in the first year of the reign of our fovereign Lord
George, by the grace of God, of Great Britain,
France, and Ireland, King, defender of the faith,
&c. and from thence continued by feveral prorogations
to the eleventh day of November, one thouſand feven
hundred and eighteen, being the fourth feffion of this
prefent parliament.
CAP. I.
An alt for granting to his Majefty an aid by a land tax to
be raiſed in Great Britain, for the fervice of the year one.
thousand feven hundred and nineteen.
the year 1715,
gocd.
CXXIII. AND whereas the fun of one hundred thirty nine How the defi-
thousand nine hundred fifty eight pounds fix fhillings ciency of
and two pence, was paid by the treaſurer of his Majeſty's navy to the 110,3121. 17 8.
South Sea company, out of money provided for the fervice of his 4d. 34. for
Majesty's navy for the year one thousand feven hundred and eighteen, to the treafur-
purſuant to acts of parliament in that behalf, for compleating the er of the navy
funds of fix hundred and eight thousand pounds per annum, payable thall be made
to the Jaid company, or the arrearages thereof, until the twenty-
fourth day of June one thouſand ſeven hundred and eighteen inclufive-
ly: and whereas a fum not exceeding twenty nine thousand fix hun-
dred forty five pounds eight fillings and nine pence farthing, by an act
of the fourth year of his Majesty's reign, was appropriated for or 4 Geo. 1. 03.
towards enabling the treasurer of the navy to make good the payments,
which in the half year ending on the twenty fourth day of June one
thouſand ſeven hundred and eighteen might be demanded of him, pur-
fuant to any former at or acts of parliament for compleating the faid
funds of fx hundred eight thousand pounds per annum, payable to
the faid company; and the faid fum of twenty nine thousand fix hun-
dred forty five pounds eight fhillings and nine pence farthing, hath
VOL. XIV.
B
been
2
Anno quinto GEORGII I. C. I.
[1718.
F
been issued to the faid treafurer, and paid or directed to be paid ac-
cordingly, fo that fo much of the faid deficiency as fill remains to be
made good to the treasurer of his Majesty's navy, doth amount to one
hundred ten thousand three hundred and twelve pounds feventeen fbil-
lings and four pence three farthings: and whereas fome doubts have
been made in the conftruation of certain claufes in an act of parlia-
3 Geo. 1. c. 7. ment of the third year of his Majefty's reign, made for the redeem-
ing the then yearly fund of the faid company; by which claufes it was
enacted, That in default of jupplying fuch deficiency in the manner
thereby prescribed, the fame should be made good out of the general
yearly fund of feven hundred twenty four thousand eight hundred
forty nine pounds fix fhillings and ten pence one fifth part of a penny,
3 Geo. 1. c. 9. by another act of the third year of his Majesty's reign, established or
intended to be established, as by the faid feveral acts (relation being
thereunto respectively had) may more fully appear: now for obviat-
ing all doubts concerning the refunding of the ſaid ſum of one
hundred ten thouſand three hundred and twelve pounds ſeven-
teen fhillings and four pence three farthings, to the treaſurer of
his Majeſty's navy, it is hereby declared and enacted by the au-
thority aforefaid, That the faid deficiency amounting to one
hundred ten thoufand three hundred and twelve pounds, feven-
teen fhillings, and four pence three farthings, ſhall and may be
fupplied and made good to the treaſurer of his Majefty's navy,
upon account, for the fervice of the navy and victualling there-
of, by or out of the general yearly fund of feven hundred
twenty four thouſand eight hundred forty nine pounds, fix fhil-
lings and ten pence, one fifth part of a penny before mention-
ed, or out of money to be raiſed at the exchequer for purchafing
an annuity or annuities, after a rate not exceeding five pounds
per centum per annum, for the faid fum of one hundred ten thou-
fand three hundred and twelve pounds, feventeen fhillings, and
four pence three farthings, and that fuch annuity or annuities
ſhall be charged on the faid general yearly fund, and be payable
and transferrable at the bank of England, as other annuities
payable out of the faid general yearly fund are intended by any
former act or acts of parliament now in force to be payable
and transferrable, until the redemption thereof by parliament:
and the commiflioners of his Majefty's treafury, or any three or
more of them, and the high treaſurer for the time being, are
hereby directed and authorized to iffue his or their warrants or
orders, and to do all other acts and things requifite or neceffary
to be done or performed, for making good the faid deficiency,
and for regiftring and payment of fuch annuity or annuities in
refpect thereof, to the faid treaſurer of his Majeſty's navy, or
the treaſurer thereof for the time being, accordingly; any for-
mer aw, ftatute, provifion, or other matter and thing whatfo-
ever to the contrary notwithſtanding.
..
CAP.
1718.]
3
Anno quinto GEORGII I. c. 2.
CAP. II.
An alt for continuing the duties on malt, mum, cyder and
perry, for the Service of the year one thouſand ſeven hun-
dred and nineteen; and for enlarging the time for entring
at the Exchequer fuch affignments of reverfionary annuities
as are therein mentioned; and for better fecuring the duties
on hides and ſkins, vellum and parchment.
VIII. the fourth year of the reign of King William and Queen C. 3.
ND whereas by an act of parliament made and paſſed in 4 & 5 W.& M.
Mary, of glorious memory, for granting certain rates and duties of
excife, for fecuring certain recompences and advantages to fuch as
fhould advance the fum of one million towards carrying on the then war
against France: it was enacted, That it should and might be lawful
for any contributor, his executors, adminiftrators or affigns, by any
writing under hand and feal, or by his last will in writing, to affign
or devife any one or more flare or fhares of the fund therein mention-
ed to any perſon or perfons, and no fuch affignment to be revocable, fo
as an entry or memorandum thereof were made in the office of the au-
ditor of the receipt, within the space of two months after fuch affign-
ment or death of the devifor; aud upon producing fuch affignment or
will, the party was and is to bring an affidavit of the execution there-
of to be filed, as is therein specified: and whereas in pursuance of an 9 & 10 W. 3.
act of parli ment made in the ninth year of his faid late Majefty's c. 24.
reign for enlarging the time for purchafing certain eftates or interests
in the annuities therein mentioned, feveral reverfionary tallies were
ftruck, and orders thereupon drawn, for payment of reverfionary an-
nuities, in the name of Richard then earl of Ranelagh of the king-
dom of Ireland, and by him iffued out to fuch uses as in and by the
faid act were directed; but fome doubt arifing whether the affignments
made by the faid earl on the back of the faid orders were according to
.3.
the form preſcribed by the faid former att, it was by another act of 11 & 12 W.
the eleventh year of his faid late Majesty's reign enacted, That all c. 3. fect. 12.
and every the faid endorfed affignments then made, or thereafter to be
made by the faid late earl, or other perfon or perfons authorized to
make the fame, for conveying the faid tallies and orders to fuch per-
fons, and to fuch uses, as in the faid recited act are ſpecified, and all
other affignments, whether endorsed or otherwife, made by virtue of
and fubfequent to fuch endorfed affignments, fhould be good in law,
So as an entry or memorandum of fuch fubfequent affignments be
made in the faid office of the receipt, before the twenty ninth day of
September one thousand feven hundred, as by the faid feveral acts
(relation being thereunto refpectively had) may more fully appear:
and whereas feveral of the faid tallies which were ftruck, and the
orders thereupon drawn, for payment of fuch reverfionary annuities,
as aforefaid, in the name of the faid late earl, and which were af-
figned by him, as aforefaid, have been affigned over by feveral fub-
fequent affignments, by indorfing the name of the affignor on the order,
or otherwife, and it is doubted whether fuch fubfequent affignments
made on the back of the fame orders (not being entred within the
B 2
time
i
Anno quinto GEORGII I. c. 2.
[1718.
time limited by the faid former act) be good and valid in the law:
now to the end that all perfons who now are, or at any time
hereafter fhall or may be poffeffed of or intereſted in any of the
faid tallies and orders, may have and be inveſted in a good and
lawful title to the fame; it is hereby enacted by the authority
aforefaid, That all and every the faid endorfed affignments,
made or to be made in purſuance of and fubfequent to any the
faid affignments of the faid late earl (whether fuch fubfequent
affignment be or fhall be made by writing the name or names of
the reſpective aflignor or affignors on the backfide of the ſaid
orders, or otherwife) fhall be as good and effectual in the law,
as if each and every fuch ſubſequent affignment had been ex-
ecuted in every particular in the manner preſcribed by the act
firft above-mentioned, relating to the faid tallies and orders;
and that an entry or memorandum of every ſuch ſubſequent aſ-
fignment (touching which no entry or memorandum hath al-
ready been made purſuant to the faid former act) fhall and may
be made in the faid office of the receipt, fo as an affidavit be
produced to the auditor of the receipt of his Majeſty's exche-
quer, that the name or names of the refpective affignor or af-
fignors fet to every ſuch fubfequent affignment fo to be entred,
is the proper hand-writing of every fuch affignor reſpectively,
as the perfon making fuch affidavit or affidavits verily believes,
and ſo as every fuch fubſequent affignment (by indorfing the
name, or otherwife) made before the fifth day of December one
thouſand ſeven hundred and eighteen, be brought to be entred
at the faid office within two months after the faid fifth day of
December one thouſand ſeven hundred and eighteen, and fo as
every ſuch ſubſequent affignment to be made after the faid fifth
day of December one thouſand feven hundred and eighteen, be
brought to be entred in the faid office within two months after
making the fame refpectively; any thing in the faid former acts,
or any of them, contained to the contrary notwithſtanding.
Commiffioners
on leather
may order
new ſtamps
as occafion
hali require.
9 Ann. c. II.
Io Ann. c. 19..
IX. And for preventing the counterfeiting of any ſtamp or
for the duty ſtamps, feal or feals which have been or fhall be appointed to
be uſed, to denote the charging of the duties, or of the addi-
tional duties, which by feveral acts, the one made in the ninth,
and the other in the tenth years of the reign of her late majefty
Queen Anne, are fet and impofed upon hides and ſkins, and
pieces of hides and ſkins and upon vellom and parchment, tan-
ned, tawed, dreffed or made: be it enacted by the authority a-
forefaid, That the commiffioners which for the time being are
or fhall be appointed for the receipt, government and manage-
ment of the faid duties, or additional duties, arifing in England
or Wales, or town of Berwick upon Tweed, or the major part
of them, and alfo the commiffioners which for the time being.
are or fhall be appointed for the receipt, government and ma-
nagement of the faid duties, or additional duties, arifing in that
part of Great Britain called Scotland, fhall refpectively have full
power and authority, and hereby are refpectively impowered and
authorized, from time to time, when and fo often as they re-
6
ſpectively
1718.]
Anno quinto GEORGII I. C. 2.
5
:
ſpectively ſhall fee occafion, to direct, caufe and procure new ſtamps
or feals to be made for the marking and ftamping of all fuch hides
and ſkins, and of pieces of hides and fkins, and of vellom and
parchment, as fhall refpectively be tanned, tawed, dreffed or
made, either in England or Wales, or town of Berwick upon
Tweed, or in that part of Great Britain called Scotland, and to
be made uſe of for the reſpective purpoſes before mentioned, in
the lieu and ſtead of ſuch other ſtamps, marks or feals, as be-
fore the reſpective time and times of providing and appointing
fuch new ones, fhall refpectively have been uſed for the pur-
poſes before mentioned; and that fuch new ſtamps and feals fo
to be provided, as aforefaid, from the refpective time and times.
when they reſpectively fhall be fo, as aforefaid, ordered to be
uſed for the reſpective purpoſes aforefaid, fhall reſpectively be
and are hereby declared to be the legal and authentick ftamps
and feals reſpectively, to be made ufe of for the reſpective pur-
poſes before mentioned; and that the counterfeiting or forging Penalty for
any ſtamp or ſeal, to reſemble any ftamp or feal, which in pur- counterfeiting
fuance of this act fhall be fo, as aforefaid, directed or ordered, ftamps.
or the counterfeiting or reſembling of the impreffion of any fuch
ſtamp or ſtamps, feal or feals fo directed or ordered, as aforesaid,
on any hide or ſkin, or piece of any hide or ſkin, or on any vel-
lom or parchment, whereby to defraud his faid Majefty, his
heirs or fucceffors, of any of the duties impofed or charged by
the ſaid acts, or either of them, or the uttering, vending or fel-
ling any hide or ſkin or any piece of any hide or ſkin, or any
veilom or parchment, with fuch counterfeit mark or impreffion
thereupon, knowing fuch mark or impreffion to be counterfeit-
ed, ſhall render and make the offender and offenders therein
fubject and liable to the like penalties, forfeitures and pains of
death, as is and are mentioned and expreffed in the faid act made
in the faid ninth year of the reign of her faid late majeſty Queen 9 Ann, ç. 11.
Anne.
the new
X. And for the better afcertaining the faid duties, and for
preventing the carrying on of frauds between the officers for the
faid duties and the traders and dealers in the manufactures and
goods charged with the faid duties; and to the intent that hides
and ſkins and pieces of hides and fkins, and vellom and parch-
ment, after they have been weighed, and taken an account of
by the officers for the faid duties, may again be weighed and
taken account of by the fupervifors and furveyors for the faid
duties: be it enacted by the authority aforefaid, That from and
after the tenth day of January one thouſand ſeven hundred and After 10 Jan.
eighteen, all tanners, tawers and dreffers of hides and pieces of 1718, tanners,
hides and ſkins, and all makers of vellom and parchment, fhall &c. to keep
their hides,
from time to time keep all fuch hides and ſkins and pieces of &c. not ſtamp-
hides and ſkins, vellom and parchment, which have not been ed by the off-
duly ſtamped by the officers for the faid duties, ſeparate and a- cers feparate,
part from all other hides and ſkins and pieces of hides and ſkins,
to be weighed
vellom and parchment, which have been duly ſtamped by the
by the ſuper-
viſors, &c.
officers for the faid duties; and ſhall alſo from time to time keep
B 3
all
Ӧ
[1718.
Anno quinto GEORGII I. C. 3.
all fuch hides and fkins and pieces of hides and fkins, and vel-
lom and parchment, as from time to time fhall have been laft
ftamped by the officers for the faid duties, feparate and apart
from all other hides and fkins and pieces of hides and fkins, vel-
lom and parchment, which at any time or times before fhall
have been ftamped by the officers for the faid duties, during
the reſpective times herein after-mentioned, (that is to fay) with-
in the limits of the weekly bills of mortality by the fpace of
twenty four hours next after fuch ſtamping thereof by the faid
officers; and in other places out of the limits of the faid week-
ly bills, by the ſpace of two days next after fuch ſtamping there-
of, unleſs the fame fhall refpectively fooner have been weighed
and taken account of by the refpective furveyors or ſuperviſors
Penalty rol. for the faid duties, on pain to forfeit for every offence therein
the fum of ten pounds.
!
Recital of the
act of
3 Geo. I. c. 8.
6 Geo. I. c. 2.
& 10.
4,
}
CA P. III.
An act for applying certain overplus monies, and further
fums to be raised, as well by way of a lottery, as by loans,
towards paying off and cancelling exchequer bills, and for
leffening the prefent great charge in relation to those bills;
and for circulating and exchanging for ready money the re-
fidue of the fame bills for the future.
MAY it please your most excellent Majefty, Whereas by an act
of parliament of the third year of your Majesty's reign, in-
Farther provi- tituled, An act for redeeming feveral funds of the governor and
fions concerning company of the bank of England, purſuant to former provifoes
the funds grant of redemption; and for fecuring to them feveral new funds and
ed by this act
allowances redeemable by parliament; and for obliging them to
advance further fums not exceeding two millions five hundred
11 Geo.1. c. 9. thouſand pounds, at five pounds per centum, as ſhall be found
13 Geo. 1.c.3: neceffary to be employed in leffening the national debts and in-
cumbrances; and for continuing certain provifions formerly
made for the expences of his Majefty's civil government; and
for payment of annuities formerly purchaſed at the rate of five
pounds per centum; and for other purpoſes in this act mentioned,
the faid governor and company of the bank of England, and their
fucceffors, for circulating certain bills, commonly called exchequer bills,
therein mentioned, amounting to two millions five hundred fixty one
thousand and twenty five pounds or thereabouts, in principal money,
and for exchanging the fame for ready money on demand, are entitled
to an annuity or yearly fum of feventy fix thousand eight hundred and
thirty pounds fifteen fbillings (being an allowance after the rate of three
pounds per centum per annum, computed upon the faid fum of two
millions five hundred fixty one thousand and twenty five pounds) fub-
jet nevertheless to a provifo of redemption in that act contained, upon
fuch notice as is thereby prefcribed; which annuity or yearly allowance
is by the fame aft charged upon and made payable out of the monies
arifen or to arife at the receipt of the exchequer, of or for certain par-
2
ticular
1718.]
7
Anno quinto GEORGII I. c. 3.
I
ticular duties on houses, and of or for ſeveral other duties and reve-
nues, called the aggregate fund in that act, and in former acts relat-
ing to the faid fund more particularly mentioned and defcribed in the
order and courſe, and with fuch preference as is thereby directed; and
by the act first above-mentioned it is enacted and declared, That as
well the faid particular duties on houses, and the duties, revenues and
incomes compofing the faid aggregate fund, and all other duties which
were fettled for payment of a former yearly fum of one hundred and
fix thousand five hundred and one pounds thirteen fillings and five
pence, and the intereft and allowances relating to former exchequer bills
therein mentioned, fhould be continued, but be difpofable to and for the
Several and respective uſes and purposes appointed by that act and ſub-
ject to the feveral provifoes of redemption therein contained; and that
all the monies of the faid duties, revenues and incomes, which should
or ought to be brought into the receipt of the exchequer (except the necef-
fary charges for raifing, collecting, levying, iffuing, paying and ac-
counting for the fame) fhould be and are thereby appropriated, and
Should be issued and applied to and for the payment and fatisfaction of
Several yearly and other fums in the faid act particularly expreffed, in
their due course and with fuch preferences as are thereby appointed;
amongſt which payments an express provifion is made for payment of
the faid annuity or allowance of feventy fix thoufand eight hundred
and thirty pounds fifteen fhillings per annum, and for answering all
demands of intereft due and to be due upon the faid exchequer bills as
is therein mentioned. And by the fame act it was declared and enacted,
That the excess or furplus which, at the end of every or any quarter
of a year (reckoning the quarters to end at the usual feaf-days) ſhould
or might be produced by the faid feveral rates, duties, revenues and
incomes thereby appropriated, and ſhould remain in the exchequer (over
and above the money then due or demandable for or upon the feveral
annuities, allowances and other payments therein before-mentioned, or
any arrears of the fame) ſhould attend the difpofition of parliament,
and be applied according to act or acts of parliament in that behalf,
and not otherwife. And it was thereby declared and enacted, That
any vote or refolution of the house of commons, fignified by the ſpeaker,
of the faid houfe in writing, and delivered at the publick office of the
Jaid governor and company, should be deemed and adjudged to be a
fufficient notice within the words and meaning of the faid act for re-
deeming the faid annuity or allowance of feventy-fix thoufand eight
hundred and thirty pounds fifteen fillings per annum, as by the fune
act, relation being thereunto had (amongst many other matters and
things therein contained) may more fully appear. And whores by Recital of
another act of parliament of the faid third year of your Lily's the a&t of
reign, intituled, An act for redeeming the yearly fund of the 3 Geo, I, C. §»
South Sea company, being after the rate of fix pounds per cen-
tum per annum, and fettling on the faid company a yearly fund
after the rate of five pounds per centum per annum, redeemable
by parliament; and to raife for an annuity or annuities at five
pounds per centum per annum any fum not exceeding two millions,
to be employed in leffening the national debts and incumbrances;
and for making the faid new yearly fund and annuities to be
B 4
here-
8
Anno quinto GEORGII I. c.3. [1718.
hereafter redeemable in the time and manner thereby preſcribed,
Several other fubfidies, impofitions, duties, revenues and proportional
parts of duties and revenues therein mentioned, or thereby referred
unto, were continued for the feveral and respective ufes and purpofes
in that act. And it was thereby enacted, That all the monies thereof
which should or ought to be brought into the exchequer for thoſe pur-
pofes (except the necessary charges of raifing, collecting, levying, iffuing
and accounting for the fame; and except fuch part thereof, as by any
former act or acts of parliament was applicable to the repayment of
loans then remaining unsatisfied, and to pay the interest of the fame)
fhould be and are thereby appropriated, and fhould be iffued and ap-
plied to and for the payment of the yearly and other fums in the fame
act particularly expreffed, in their due method and order, and fubject
to fuch redemption as are thereby preſcribed. And by the fame act it
was provided and enacted, That if at any time at the end of any quar-
ter of a year (reckoning the quarters to end at the ufual feafts) there
fhould be an excefs or furplus of the monies brought into the exchequer
of the faid fubfidies, impofitions, duties, revenues and proportional
parts, and fuch excefs or furplus fhould remain there, over and above
the money then or before that time grown due, by or in purſuance of
that act, as is therein mentioned, then fuch excess or furplus fhould
from time to time attend the difpofition of parliament, and be applied
according to act or acts of parliament, and not otherwife, as by the
act laſt mentioned (relation being thereunto had) may also more fully
Recital of the appear. And whereas by another act of parliament of the faid third
year of your Majefty's reign, intituled, An act for redeeming the
deeming feve- duties and revenues which were fettled to pay off principal and
intereft on the orders made forth on four lottery acts paffed in
the ninth and tenth years of her late Majeſty's reign, and for
redeeming certain annuities payable on orders out of the heredi-
tary excife, according to a former act in that behalf; and for
eſtabliſhing a general yearly fund, not only for the future pay-
ment of annuities at feveral rates, to be payable and transfer-
rable at the bank of England, and redeemable by parliament,
but alſo to raiſe monies for fuch proprietors of the faid orders as
fhall chufe to be paid their principal and arrears of intereſt in
ready money; and for making good fuch other deficiencies and
payments as in this act are mentioned; and for taking off the
duties on linfeed imported, and British linen exported, ſeveral
other customs, fubfidies, impofitions, additional impofitions, rates, du-
ties, additional rates and duties, proportional parts of duties, revenues,
and weekly and other payments out of duties and revenues therein
Specified, or thereby referred unto, were continued for the purpoſes in
that aft: and it was thereby enacted, That yearly and every year,
reckoning the first year to begin from the feat of Saint Michael the
archangel one thouſand feven hundred and feventeen, and from thence-
forth for ever (fubject nevertheless to fuch provifoes and power of re-
demption as are in that act contained) the full fum of feven hundred
twenty four thousand eight hundred forty nine pounds fix fillings ten
pence and one fifth part of a penny per annum, by or out of the mo-
pies arifing of or for the faid cuftoms, fubfidies, impofitions, rates,
act for re-
ral lotteries,
&c.
3
Geo, 1. c. 7.
addi-
1
"
1718.]
9
Anno quinto GEORGII I. c. 3.
additional duties, proportional parts, weekly and other payments by
that act appropriated and directed to be brought, from time to time,
into the exchequer, in cafe the fame should extend to the faid fum of
Seven hundred twenty four thoufand eight hundred forty nine pounds
fix fhillings ten pence and one fifth part of a penny, should be comput-
ed and reckoned to be a general fund; and in cafe all the monies fo
arifing into the exchequer of or for the faid customs, fubfidies, impo-
fitions, rates, duties, additional duties, proportional parts, weekly
and other payments, fhould not amount to feven hundred twenty four
thoufand eight hundred forty nine pounds fix fhillings ten pence and one
fifth part of a penny per annum, then the monies fo ariſing, ſo far
as the fame would extend, fhould be part of the faid general yearly
fund of feven hundred twenty four thousand eight hundred forty nine
pounds fix fhillings ten pence and one fifth part of a penny per annum,
for and towards the answering and paying all the annuities and pay-
ments by that act charged or chargeable thereupon; and in cafe all the
monies by that act appointed or appropriated, as aforefaid, ſhould at
any time or times appear to be fo deficient or low in the produce of the
fame, as that within any one year to be reckoned, as aforefaid, the
faid monies fo arifing in the exchequer, of or for all the faid cuftoms,
fubfidies, impofitions, rates, duties, additional duties, proportional
parts, weekly and other payments, ſhould not amount to fo much as
Seven hundred twenty four thousand eight hundred forty nine pounds
fix fhillings ten pence and one fifth part of a penny, that then and fo
often, and in every fuch cafe, fo much as fhould be wanting to make
up the faid general fund or fum of feven hundred twenty four thou-
fand eight hundred forty nine pounds fix fhillings ten pence and one
fifth part of a penny, for every or any ſuch year, ſhould be ſupplied
and made good, from time to time, by or out of the first aid or ſupply to
be granted in parliament next after fuch deficiency fhould appear, and
fhould from time to time be transferred thereunto, as foon as the fame
hould be granted: and it was thereby enacted, That the excess or fur-
plus, which at the end of every or any quarter of a year (reckoning
the quarters to end at the four most ufual feast days) should or might
be produced by the customs, fubfidies, impofitions, additional and other
duties, proportional parts of duties, and by the faid weekly and other
payments, by that act appropriated or charged to make good the faid
general yearly fund of feven hundred twenty four thousand eight
hundred forty nine pounds fix fhillings ten pence and one fifth part of
a penny, over and above fo much as fhall be fufficient to make good the
fame; and fo much of the faid general yearly fund as at the end of
any quarter of a year fhall remain in the receipt of the exchequer,
over and above all the monies then due or payable, to diſcharge the fe-
veral annuities and other payments by that act directed to be fatisfied
out of the fame, and all arrears thereof (if any fuch were) should
likewife from time to time attend the difpofition of parliament and be
applied according to act or acts of parliament, and not otherwife.
And by the act laft recited, it was further declared and enacted, That 3 Geo. 1. c. 7.
all the monies to arife from time to time, as well of or for the excess
or furplus by virtue of the faid act made for redeeming the funds of
the governor and company of the bank of England, and of or for
the
t
IO
[1718.
Anno quinto GEORGII I. c.3.
the faid excefs or furplus by virtue of the faid act made for redeem-
ing the funds of the faid governor and company of merchants of
Great Britain trading to the South Seas and other parts of America,
and for encouraging the fishery; as alfo of and for the faid excefs or
furplus of the faid duties and revenues by the faid other act of the
third year of your Majesty's reign, appropriated to make good the ſaid
general yearly fund as aforefaid, and the overplus monies of the fame
general yearly fund thereby established, or intended to be eſtabliſhed as
aforefaid, fhould be appropriated, referved and employed to and for the
difcharging the principal and intereft of fuch national debts and in-
cumbrances as were contracted before the twenty fifth day of Decem-
ber one thousand feven hundred and fixteen, and were declared to be
national debts, and were provided for by acts of parliament, in fuch
manner and form, as ſhould be directed or appointed by any future act
or acts of parliament to be discharged therewith or out of the fame,
and to and for none other ufe, intent or purpose whatsoever, as by the
act last before recited (relation being thereunto had) may likewife more
fully appear. And whereas the faid fum, not exceeding two millions
3 Geo. 1. c. 8. five hundred thousand pounds, in the faid first recited act mentioned,
or any part thereof, was not advanced by the faid governor and com-
pany of the bank of England, or called for or required by the com-
miffioners of your Majesty's treafury, fo that the faid duties, revenues
and incomes, called the aggregate fund, are not charged or chargeable
with any annuity or other payment whatſoever in respect of the fame,
by the faid first recited act or otherwise howsoever; and the faid fum,
not exceeding two millions, mentioned in the faid act relating to the
3 Geo. 1. c. 9. South Sea company, or any part thereof, was not advanced by that
company, or called for or required by the commiffioners of your Maje-
fty's treasury, fo that the faid duties, revenues and incomes, compre-
hended in the fund of that company, are not charged or chargeable with
any annuity or other payment whatfoever in respect of the fame, by
virtue of the faid act relating to that company or otherwife how foever.
And whereas we your Majefty's faid dutiful and loyal fubjects the
commons of Great Britain in parliament affembled (purſuant to the
claufes contained in the act firft above recited) did on the tenth day of
March in the year of our Lord one thouſand feven hundred and ſeven-
teen refolve, That notice should be given to the faid governor and com-
pany of the bank of England, That the houfe of commons would at
Lady-day one thousand feven hundred and nineteen redeem the faid
annuity of feventy fix thoufand eight hundred and thirty pounds fifteen
hillings; and ordered the speaker of the faid houfe, on or before
Lady-day one thouſand feven hundred and eighteen, to fignify the faid
refolution in writing to the faid governor and company, which was
fignified accordingly. And whereas by computation as many of the faid
exchequer bills as do amount to the faid fum of two millions five hun-
dred fixty one thousand twenty five pounds in principal money, made
forth by the faid former acts of parliament, do on the fourteenth day
of January one thousand feven hundred and eighteen remain undif-
charged and uncancelled, and the prefent coft and expence to the publick
for circulating and exchanging the fame doth, by the faid allowance of
three pounds per centuri per annum, and by the faid growing intereft
of
*
1718.]
Į Į
Anno quinto GEORGII I. c. 3.
of one penny per centum per diem, amount in the whole to one hun-
dred and fifteen thousand feven hundred seventy nine pounds thirteen
Shillings and four pence per annum, or thereabouts, except fo much
thereof as is Javed and may be abated for bills, from time to time, in
the exchequer or in the hands of receivers or collectors of any taxes,
aids or revenues payable to your Majefty; and it being apparently just
and neceffary with regard to the publick, that the faid prefent cofi and
expence, and the ſaid national debts and incumbrances be leffened as far
as conveniently may be, IVe your Majefty's faid dutiful and loyal Jub-
jects, for that end and purpose have refolved, That the furplus mo-
nies herein after particularly directed and appointed, and a further
fum not exceeding five hundred thousand pounds, to be raiſed by way
of a lottery, and another further fum, not exceeding five hundred
and twenty thousand pounds, to be raiſed by way of loan, be applied
towards paying off the principal and intereft borne upon the faid bills,
and for cancelling the bills whereof the principal and interest shall be
Jo paid off; and that so many of the faid exchequer bills as ſhall
remain undifcharged and uncancelled by or with the money fo to be
applied, fhall be circulated and exchanged in the manner hereafter
in this act appointed in that behalf; now we your Majesty's
faid dutiful and loyal fubjects the commons of Great Britain
in parliament affembled, for the better and effectual accom-
pliſhment of their defires and intentions in the premiffes, and
that your Majefty and your fubjects may be eafed of the
burden of the ſaid national debts and incumbrances as fast as
is confiftent with honour and juftice, do most humbly pray
your Majefty, That it may be enacted; and be it enacted by
the King's moft excellent majefty, by and with the advice and
confent of the lords fpiritual and temporal, and commons, in
this preſent parliament affembled, and by authority of the fame,
That the fum of one hundred ninety fix thouſand four hundred The feveral
forty four pounds eighteen fhillings three pence half penny; of the aggre-
furplus monies
which remained in the exchequer at Michaelmas one thouſand gate fund, &c.
feven hundred and eighteen for the overplus of the faid parti- to be applied
cular duties on houſes and other duties and revenues compre- towards re-
hended in the ſaid fund, commonly called the aggregate fund, deeming ex-
appointed to be referved for difpofition of parliament as afore- chequer bills.
faid, being over and above the excefs of the civil lift fund for
three years, ended at the fame feaſt day; and that all the over-
plus monies of the civil lift fund for three years ended at Mi-
chaelmas one thouſand feven hundred and eighteen, which over-
plus is alfo appointed to be referved for difpofition of parliament.
as aforefaid; and the fum of nineteen thousand five hundred
ſeventy ſeven pounds and ten fhillings, which remained in the
exchequer at Michaelmas one thoufand feven hundred and eigh-
teen, for the furplus or overplus of the fund, commonly called the
fund of the South Sea company, appointed to be referved for dif-
pofition of parliament as aforefaid; and the fum of one hundred
ninety thouſand four hundred thirty fix pounds fifteen ſhillings e-
leven pence and nine twentieth parts of a penny, being the exceſs
or furplus for the year ended at Michaelmas one thouſand feven
hundred
12
Anno quinto GEORGII I. c. 3.
[1718.
3 Geo. 1. c. 8.
3 Geo. I. C. 9.
3 Geo. 1. c. 7.
§ Geo. I. c. 8,
hundred and eighteen, upon the yearly fund of ſeven hundred
twenty four thoufand eight hundred forty nine pounds fix fhil-
lings ten pence and one fifth part of a penny, commonly called
the general fund, likewiſe appointed, as aforefaid, to be referv-
ed for the difpofition of parliament (over and above the fum of
one hundred and thirty thouſand pounds, which is hereafter in
and by this act directed to be referved towards making good the
half yearly payment on the annuities charged on the faid gene-
ral fund for the half year ending at Christmas one thoufand
feven hundred and eighteen) and all the excefs or overplus mo-
nies, which within and for the half year to end at Lady-day one
thouſand ſeven hundred at. I nineteen, fhall arife upon the feve-
ral rates, duties, revenues and incomes, commonly called the
aggregate fund, the South Sea company's fund, and the general
fund before mentioned, every or any of them, which by the
faid acts of the third year of his Majefty's reign, were feverally
referved and intended to be referved, for difpofition of parlia-
ment, fhall by force and virtue of this act, be applied (fo far as
the monies of all the ſaid ſeveral furpluffes, exceffes or over-
pluffes will extend) towards redeeming the faid annuity or al-
lowance of feventy fix thoufand eight hundred and thirty pounds
fifteen fhillings per annum, and to and for the fatisfying and dif-
charging ſo much as the fame will extend to fatisfy and diſcharge
of the principal monies contained in the faid exchequer bills,
and the intereft due or to be due upon the fame, according to
the direction and true meaning of this act herein after ſpecified.
Money fhall be iffued for payment of the half yearly annuities charged on
the general fund. Money to be iffued to fatisfy the annuities for one
quarter, to end at Lady-day 1719. Afterwards thofe annuities to be paid
half yearly. Treafury at Lady-day 1719, to caufe all the furpluffes for
that half year to be computed. After Lady-day 1719. 20000l. yearly to
be the fund for anſwering the annuities of 41. per centum, to the contri-
butors in this lottery. Till redemption by parliament. Any perfons may
be contributors. Times of payment. Fortunate tickets to be printed.
Forging or counterfeiting tickets felony. Managers to enter fortunate
tickets in a book, and tranfmit it into the exchequer; and a duplicate
to the caſhier of the bank, &c. Perfons named in the faid book entitled
to an annuity of 41. per centum, for their reſpective principal ſums, pay-
able half yearly. First payment at Mich. 1719. Guardians may contribute
for infants. Annuities tax free. Redeemed 13 Geo. 1. C. 3.
XXII. And to the end all the annual and other payments,
which by the faid first recited act were charged upon the faid
duties, revenues and incomes, called the aggregate fund (other
than and except fuch payments, as from and after Lady-day one
thouſand ſeven hundred and nineteen might incur for or upon
the ſaid allowance of feventy fix thoufand eight hundred and
thirty pound fifteen fhillings per annum, hereby intended to be
redeemed, and other than and except fuch other fums of money
and payments as are already fatisfied and diſcharged, or are by
this act intended to be reduced or faved to the publick) may,
together with the faid yearly fund, not exceeding twenty thou-
fand pounds per annum, be well and fufficiently fecured, and
may
1
1718.]
13
Anno quinto GEORGII I. c.3.
fund continu-
ed for ever.
1
may reſpectively obtain their due courfe of payment, with fuch
preferences as by the faid former act, and this preſent act, are
appointed in that behalf; it is hereby further enacted and de-
clared by the authority aforefaid, That all the faid particular The duties of
duties on houſes, and all the faid other rates, duties, revenues the aggregate
and incomes, which by the ſaid firſt recited act of the third year
of his Majeſty's reign were fettled for anſwering the reſpective
payments therein mentioned (all which are by this act deno- 3 Geo. I. c. 8.
minated to be the aggregate fund, as aforefaid) and every of
them, are and fhall be continued, and be paid and payable to
his Majeſty, his heirs and fucceffors for ever, and ſhall be raiſed,
levied, collected and brought into the exchequer of England, by
and according to fuch rules, methods and directions, and with
fuch drawbacks, repayments and allowances, and under fuch
penalties, forfeitures and diſabilities, as are preſcribed in and by
the refpective act and acts of parliament now in force, or any
articles, claufes, matters or things therein contained, or there-
by referred unto, for raifing, levying or bringing in the fame,
as fully and effectually as if the fame acts, articles, claufes,
matters and things, and every of them, were repeated and re-
enacted in the body of this prefent act; nevertheleſs all the mo-
nies arifing thereby into the faid receipt of exchequer, from and
after the feaſt of the annunciation of the bleffed Virgin Mary
one thouſand ſeven hundred and nineteen, and all the monies
then remaining in the faid receipt, of the fame rates, duties, re-
venues and incomes, fhall be difpofeable to and for the ſeveral
and reſpective ufes and purpoſes by this or the faid first recited
act appointed or intended (other than and except, as aforefaid)
and ſubject to the ſeveral provifoes of redemption herein con- Redeemable
tained; any former law, ftatute, provifion, reftriction, claufe by parliament.
or claufes, matters or things whatſoever to the contrary not-
withſtanding.
All the monies to be entred in a book. The aggregate fund appropriated.
Penalty on officers mifapplying the monies. How the monies thall be if-
fued and applied to the bank, &c. 120,000l. for his Majefty during life.
Provifo for the deficiencies of 116,573 l. 12 S. Deficiencies to be made
good by parliament. The annuities of 88,751 1. 7 s. and 10d. half penny,
and 100,000l. per annum payable to the bank, redeemable. On fix
months notice to the bank, and repayment, annuities to ceaſe. After re-
demption of the feveral annuities, aggregate fund to be redeemed. See
13 Geo. 1. c. 3. fect. 1. Till the lottery annuities are redeemed, bank to
employ a chief caſhier and accountant general. This annuity a perfonal
eftate. The principal monies of thefe annuities to be deemed a capital
ftock, and affignable. No ſtamp duty on transfers, &c. No fee for pay-
ing thefe annuities. The powers of 3 Geo. 1. c. 8. continued. The fur-
pluffes of the aggregate fund, &c. made liable to fatisfy the loans here-
after mentioned. Further loan for difcharging exchequer bills. Trea-
fury every quarter to enter in a book a juft account of the feveral furpluffes
for the preceding quarters. Another book for entry of orders of loan.
520,000l. may be advanced at 51. per centum. Money lent tax-free.
Tallies of loan to be ftruck, &c. No fee for regiftring, or undue prefe-
rence. Tallies dated the fame day, no undue preference. Orders affign-
able. All the monies of the feveral funds ariſen before 25 March 1719. to
be applied towards paying off and cancelling exchequer bills. Notice to be
affixed on the royal exchange, and published in the London Gazette, of
the
14
[17:8.
Anno quinto GEORGII I. c. 3.
ட்
1716.
the time. On oath before a baron of the Exchequer, of bills being loft,
&c. Treaſury to pay the fame. After 25 March 1719. the annuity after
the rate of 3 1. per centum, fhall ceafe, and the bank not obliged to cir-
culate exchequer bills. The refidue of the bills to be circulated by fuch
perfons as the treaſury ſhall appoint. Treaſury to allow a falary for the
fame. Treasury to contract with perfons for circulating. Treaſury to
take fubſcriptions from ſuch perſons as will advance money for circulating
exchequer bills. Contract to be in writing, and regiſtred in the auditor
of the receipts and clerk of the pells offices. No ftamps on fuch contracts.
Such perfons not difabled from being members of parliament. Perfons
circulating the bills, and contractors, to keep an office in London or
Westminster, Refufing to exchange the bills for ready money may be
fued, &c. Treafury to iffue out money for difcharging exchequer bills,
&c. Exchequer bills to be current in the revenue, &c. Receivers and col-
lectors to give ready money for exchequer bills, &c. Exchequer bills
paid or lent into the exchequer; officers to caufe tallies to be levied for the
fame. Receivers to allow the intereft on exchequer bills. No intereſt
on bills in receivers hands or in the exchequer. How it fhall be known, how
long time the bills have been in receivers hands, &c. Such bills may be
re-iffued. Bills to be re-iſſued for the principal money only. Tellers to be
re-imburſed the intereft they pay on exchequer bills. Receivers of
taxes to keep books for entry. Exchequer bills filled up by indorſements,
new bills to be iffued in lieu of them. Forging fuch bills, felony. No in-
tereft to be paid to any leffer fum than one penny. Treaſury to iffue bilis
for large fums not exceeding 5000 l. each. Treafury to allow falaries to
perfons for circulating, &c. Exp. 13 Geo. I. C. 3.
The overplus
LXVI. Provided alfo, and it is hereby enacted and declared.
money at the by the authority aforefaid, That all the monies, which at the
end of every
end of every or any quarter of a year fhall or may be produced
quarter to be
for the reſpective furpluffes, exceffes, or overplus monies of the
referved for
diſcharging
faid feveral funds, commonly called the aggregate fund, and the
national debts fund of the South Sea company, and of the faid duties and re-
before 25 Dec. venues charged with the faid general yearly fund of feven hun-
dred twenty four thouſand eight hundred forty nine pounds fix.
fhillings and ten pence and one fifth part of a penny, as alfo the
excefs or overplus of the fame general yearly fund, when and as
often as any fuch furpluffes, exceffes or overplus monies fhall
be over and above the monies at the end of every fuch quarter
refpectively due or demandable, to be firſt paid or referved for
payment out of the ſame, by virtue of this and the ſaid recited
acts, or any of them) fhall be appropriated, reſerved and ap-
plied, to and for the further difcharging the principal and inte-
reft of fuch national debts and incumbrances as were incurred
before the twenty fifth day of December one thouſand feven hun-
dred and fixteen, and are declared to be national debts, and
were provided for by act or acts of parliament, in fuch manner
and form as fhall be directed or appointed by any future act or
acts of parliament to be diſcharged therewith, or out of the
fame, and to or for none other ufe, intent or purpoſe whatſo-
ever.
If provifion be made by parliament in lawful coin to pay off principal
and intereft on exchequer bills, then fuch bills to be cancelled, &c. If the
fum of 520,00o 1. be not lent by 1 May 1719. then fo much of the fur-
pluffes to be applied towards cancelling exchequer bills. EXP.
CAP.
1
1718.]
15
Anno quinto GEORGII I. C.4, 5.
CAP. IV.
•
An act for strengthning the proteftant intereft in these king-
doms.
HEREAS an act of parliament was made in the tenth year 10 Ann. c. 2.
of the reign of the late Queen Anne, intituled, An act for
preferving the proteftant religion, by better fecuring the church
of England, as by law eftablished; and for confirming the tole-
ration granted to proteftant diffenters by an act, intituled, An act
for exempting their Majefties proteftant fubjects, diſſenting from the
church of England, from the penalties of certain laws, and for fup-
plying the defects thereof; and for the further fecuring the pro-
teſtant fucceffion, by requiring the practicers of the law in North
Britain to take the oaths, and fubfcribe the declaration therein
mentioned and whereas part of the ſaid act, as alſo another act
herein after mentioned, have been found to be inconvenient; be it
therefore enacted by the King's moſt excellent majefty, by and
with the advice and confent of the lords fpiritual and tempo-
ral and commons, in parliament affembled, and by the
authority of the fame, That the faid recited act paffed in the Part of the act
tenth year of the late Queen Anne, from the beginning thereof 10 Ann. c. 2.
to theſe words, And it is hereby further enacted and declared by the act of 12 Ann,
authority aforefaid, That the toleration granted to protestant diffenters ftat. 2. C. 7.
and alfo one act made in the twelfth year of the reign of the late repealed.
Queen Anne, intituled, An act to prevent the growth of fchifm,
and for the further fecurity of the churches of England and Ireland,
as by law established, thall be and are hereby repealed, annulled
and made void.
and the fchifm
with the en-
II. Provided always, and be it enacted by the authority afore- Mayor,&c.re-
faid, That if any mayor, bailiff or other magiftrate, in that part forting to any
of Great Britain called England, the dominion of Wales, or the conventicle
town of Berwick upon Tweed, or the ifles of Jerſey or Guernſey, figns of his of
fhall knowingly or wilfully refort to, or be prefent at any pub- fice, difabled
lick meeting for religious worship other than of the church of to hold any
England as by law eſtabliſhed, in the gown or other peculiar ha- publick office.
bit, or attended with the enfign or enfigns of or belonging to
fuch his office, that every fuch mayor, bailiff or other magi-
trate, being thereof convicted by due courfe of law, fhall be
lifabled to hold fuch office or offices, employment or employ-
ments, and fhall be adjudged incapable to bear any publick of-
fice or employment whatſoever within that part of Great Britain
called England, the dominion of Wales, and town of Berwick
upon Tweed, or ifles of Jerſey and Guernsey.
CAP. V.
An act for punishing mutiny and defertion, and for the better payment
of the army and their quarters. EXP.
CAP.
1
16
[1718.
Anno quinto GEORGII I. c. 6,
13 Car. 2.
itat. 2. C. 1.
The oath in
the recited act.
The declara-
tion.
13 Car. 2.
flat. 2. c. 1.
CAP. VI.
An act for quieting and eſtabliſhing corporations.
WE
HEREAS by act made in the thirteenth year of King
Charles the Second, intituled, An act for the well govern-
ing and regulating of corporations, it is, amongst other things en-
acted, That every perfon or perfons, who from and after the expiration
of the commiffions in the faid act mentioned, should be placed, elected
or chofen, in or to any the offices or places of mayors, recorders, bai-
liffs, town clerks, common council men, or to any office or offices of ma-
giftracy, or places or trufts, or other imployment relating to or con-
cerning the government of cities, corporations and boroughs, and cinque-
ports and their members, and other port towns, Should at the fame
time when the oath for the due execution of the faid places and offices
reſpectively ſhould be adminiftred, take the following oath, viz.
A. B. do declare and believe, That it is not lawful, upon
any pretence whatſoever, to take arms againſt the King;
and that I do abhor that traiterous pofition of taking arms by
his authority againſt his perſon, or against thoſe that are com-
miffioned by him.
And fubfcribe the following declaration, viz.
I
So help me God.
A. B. do declare, That I hold that there lies no obligation
upon me, or any other perfon, from the oath commonly
called, The folemn league and covenant; and that the fame was in
itſelf an unlawful oath, and impofed upon the ſubjects of this
realm againſt the known laws and liberties of this kingdom.
And that in default thereof every fuch placing, election and choice
fhould be void; and whereas the taking the ſaid oath, and ſubſcribing
the faid declaration, have for feveral years last past been generally
omitted, and questions have of late arifen, Whether the faid ftatute
made in the faid thirteenth year of King Charles the Second, as to
the faid oath and declaration, be yet in force: therefore for avoid-
ing of all fuch queſtions for the future, and for the eſtabliſh-
ing the peace and quiet of corporations, be it declared and en-
acted by the King's moſt excellent majefty, by and with the ad-
vice and confent of the lords fpiritual and temporal and commons,
in this prefent parliament affembled, and by the authority of the
Members of fame, That all and every member and members of any corpo-
corporations
are confirmed ration within this kingdom, and all and every perfon and per-
in their offices, fons that were required by the ſaid above recited act to take the
though they faid oath, or fubfcribe the faid declaration, fhall be and are
have not taken hereby confirmed in their feveral and refpective offices and
and declara- places, notwithſtanding their omiffion to take the faid oath, or
fubfcribe the faid declaration, and fhall be indemnified, freed
And indemni- and difcharged of and from all incapacities, difablities, forfei-
fied, &c. tures and penalties arifing from fuch omiffion, and none of their
acts fhall be queſtioned or avoided for or by reaſon of the ſame;
the faid oath
tion.
but
1718.]
17
Anno quinto GEORGII I. €.6.
but that all fuch acts fhall be and are hereby declared and en-
acted to be as good and effectual, as if all and every fuch per-
fon and perfons had taken the faid oath, and fubfcribed the faid
declaration, according to the direction of the faid act.
So much of
II. And be it alſo further enacted by the authority aforesaid, the recited act
That ſo much of the faid ftatute as requires the taking of the as requires
faid oath, and fubfcribing the faid declaration, fhall be and is the taking
hereby repealed; and that neither the faid oath or declaration the faid oath,
&c. repealed.
ſhall be required for the future.
&c. who have
nevertheleſs
III. And whereas by the faid recited act made in the thirteenth 13 Car. 2. ftat.
year of King Charles the Second, it is enacted, That no perfon or 2. c. 1.
perfons fhall be placed, elected, or chofen, in or to any of the offices
or places relating to or concerning the government of any city, corpora-
tion, borough, cinque-port and their members, and other port-towns,
or any other offices in the faid recited act mentioned or expreffed,
that shall not have, within one year next before fuch election or choice,
taken the facrament of the Lord's Supper, according to the rites of
the church of England, and that in default thereof every fuch placing,
election and choice, fhall be void; be it further enacted by the au- Members of
thority aforeſaid, That all and every the now member and mem- corporations,
bers of any corporation within this kingdom, and all and every omitted to
perſon and perſons now in actual poffeffion of any office, that take the facra-
were required by the ſaid above recited act to take the facrament ment, as en-
of the Lord's fupper according to the rites of the church of joined by the
England within one year next before his election or choice into faid act, ſhall
fuch office, fhall be and are hereby confirmed in their ſeveral continue in
and reſpective offices and places, notwithſtanding their omiffion offices, and be
to take the facrament of the Lord's fupper as aforefaid, and freed from all
ſhall be indemnified, freed and diſcharged, of and from all in- incapacities,
&c. arifing
capacities, difabilities, forfeitures and penalties arifing from fuch from fuch
omiffion; and that none of their acts, nor the acts not yet omiffion.
avoided, of any who have been members of any corporation,
or in actual poffeflion of fuch offices, fhall be queftioned or a-
voided for or by reafon of fuch omiffion; but that all fuch acts
ſhall be and are hereby declared and enacted to be as good and
effectual as if all and every fuch perfon and perfons had taken
the facrament of the Lord's fupper in manner as aforefaid; nor
ſhall any perfon or perfons, who fhall be hereafter placed, elected
or chofen, in or to any the offices aforefaid, be removed by the
corporation, or otherwife profecuted for or by reaſon of fuch
omiffion; nor fhall any incapacity, difability, forfeiture or pe-
nalty, be incurred by reaſon of the fame, unleſs ſuch perſon be
fo removed, or fuch profecution be commenced, within fix
months after fuch perfon's being placed or elected into his re-
ſpective office, as aforefaid, and that in cafe of a profecution
the ſame be carried on without wilful delay.
VOL. XIV.
C
...
CAP,
18
[1718.
Anno quinto GEORGII I. c. 7, 8.
}
12 Ann.ftat.2.
c. 8.
The recited
act ſhall be
continued as
long as the
duties on to-
bacco conti-
nue.
CAP. VII.
An act for continuing an act made in the twelfth year of the
reign of her late majesty Queen Anne, intituled, An act
for encouraging the tobacco trade.
·W
HEREAS an act was made in the twelfth year of the reign
of her late majesty Queen Anne, intituled, An act for the
encouraging the tobacco trade, to continue for the space of five
years, to commence from the first day of June one thousand feven
hundred and fourteen, and from thence to the end of the then next
feffion of parliament, which act is near expiring: and whereas the
Jaid att hath been found to be very beneficial to the fail trade, and of
good ufe for the purposes thereby defigned: be it therefore enacted
by the King's most excellent majefty, by and with the advice
and conſent of the lords fpiritual and temporal and commons,
in this preſent parliament affembled, and by the authority of
the fame, That the faid recited act made in the twelfth year of
her faid late Majeſty's reign concerning tobacco, and all and
every the rules, directions, powers, penalties, diſcounts, allow-
ances, claufes, matters and things therein contained, fhall by
virtue of this act be continued, and be in full force, during
fuch time as the reſpective duties on tobacco fhall reſpectively
continue; any law, ftatute, matter or thing to the contrary not-
withſtanding.
CA P. VIII.
An act for the more effectual relief of fuch wives and chil-
dren, as are left by their husbands and parents, upon the
charge of the parish.
W
HEREAS divers perſons run or go away from their places
of abode into other counties or places, and fometimes out of
the kingdom, fome men leaving their wives, a child or children, and
fome mothers run or go away, leaving a child or children, upon the
charge of the parish or place where fuch child or children was or were
born, or last legally fettled, although fuch perfons have fome eftates,
which should eafe the parish of their charge, in whole or in part:
may it pleaſe your Majefty therefore that it may be enacted,
Churchwar- and be it enacted by the King's moft excellent majefty, by
dens, &c. may and with the advice and confent of the lords fpiritual and tem-
by warrant poral and commons, in this prefent parliament affembled, and
ces, feize the by the authority of the fame, That it fhall and may be lawful
goods, &c. of for the churchwardens or overfeers of the poor of fuch pariſh
huſbands and or place where any fuch wife, or child or children ſhall be fo
parents, who left, upon application to, and by warrant or order from any two
juftices of the peace, to take and feize ſo much of the goods and
chattels, and receive fo much of the annual rents and profits of
the lands and tenements of fuch hufband, father or mother,
as fuch two juſtices of the peace, as aforefaid, ſhall order or di-
rect, for or towards the diſcharge of the parish or place where
fuch
from two jufti-
leave their
wives and
children
upon
the parish.
6
1718.]
Anno quinto GEORGII I. c. 9.
19
fuch wife, child or children are left, for the bringing up and
providing for fuch wife, child or children; which warrant or Such warrant
to be confirm-
order being confirmed at the next quarter feffions, it ſhall be
ed at quarter-
lawful for the juſtices of fuch quarter feffions to make an order feffions; who
for the churchwardens or overſeers for the poor of ſuch pariſh may make an
or place, to difpofe of fuch goods and chattels by fale, or other- order for fale,
wife, or fo much of them, for the purpoſes aforefaid, as the
court ſhall think fit, and to receive the rents and profits, or fo
much of them as fhall be ordered by the feffions, as aforefaid,
of his or her lands and tenements, for the purpoſes aforefaid.
&c.
be account-
II. And be it enacted by the authority aforefaid, That the Churchwar-
churchwardens and overfeers aforefaid fhall be accountable to dens, &c. to
the juſtices at the quarter feffions for all fuch money as they, or able to juftices
any of them, fhall receive by virtue of this act.
CAP. IX.
An act for continuing certain duties upon coals and culm, and
for eftablishing certain funds to raise money, as well to
proceed in the building of new churches, as alfo to com-
pleat the fupply granted to his Majefty; and to reſerve the
overplus monies of the faid duties for the difpofition of
parliament; and for more effectual fuppreffing private
lotteries.
in feffions.
9
+
Ann. c. 22.
and I Geo. 1.
I
1 Geo. 2. c. 8.
M
OST gracious Sovereign, Whereas by an act of parliament
made and paſſed in the ninth year of her late Majeſty's reign, 10 Ann. c. 11.
intituled, An act for granting to her Majefty feveral duties upon and 2. 23
coals, for building fifty new churches in and about the cities of See 1 Geo. 2.
London and Westminster, and ſuburbs thereof, and other purpoſes ftat.2. c.8. f. 3.
therein mentioned, it was enacted, That for all forts of coals and culm, Provifions are
which from and after the fourteenth day of May one thousand feven made for the
hundred and fixteen, and before the nine and twentieth day of Septem- from this act by
furplus arifing
ber one thousand feven hundred and twenty four, ſhould be imported 5 Geo. I. c.19.
and brought into the port of the city of London, or the river of 1. 42, &
Thames within the liberty of the faid city, upon the fame river, 13Geo.1.C.21.
there should be paid to her Majesty her heirs and fucceffors by way
of impofition thereupon (over and befides all other impofitions and
duties) according to the rates therein after mentioned, that is to fay,
from and after the faid fourteenth day of May one thousand feven
hundred and fixteen, and before the nine and twentieth day of Sep-
tember one thouſand ſeven hundred and fixteen, for all fuch forts of
coals and culm as are ufually fold by the chalder, for every chalder
thereof, containing thirty fix bushels Winchefter measure, the fum
of two fillings; and for fuch fort of coals as are fold by the tun,
for every tun thereof, containing twenty hundred weight, the fum
of two fillings; and from and after the eight and twentieth day of
September one thouſand feven hundred and fixteen, and before the
eight and twentieth day of September one thousand feven hundred
and twenty four, there should be paid for every fuch faid chalder of
coals and culm and tun of coals, the fum of three billings; and that
all the monies which should be raiſed by virtue of that act (the ne-
C. 2
ceffary
་་
20
Anno quinto GEORGII I. c. 9.
[1718.
ceffary charges of raising, managing and accounting for the fame ex-
cepted) should be brought into the receipt of the exchequer, and
ould be appropriated and diſpoſed for the building of fifty new
churches of tone, and other proper materials, with towers or
Steeples to each of them, and for purchafing fcites of churches and
church-yards, and burying-places, in or near the cities of London
and Weſtminſter, or the fuburbs thereof; and for making fuch
chapels churches as were already built, and capable thereof, parish
churches; and for purchaſing houſes for the habitations of the mini-
fters of the ſaid churches; and for applying the fum of four thousand
pounds per annum out of the faid duties and impofitions towards
the repairing and finishing the collegiate church of Saint Peter,
Weftminster, and the chapels of the fame; and alfo for applying
the fum of fix thousand pounds per annum cut of the faid duties and
impofitions arifing by that act, towards the finishing Greenwich
Hofpital, and the chapel thereunto belonging; and to and for none
other uſe, intent or purpoſe whatſoever: and it was thereby declared
and enacted, That there should be erected and built of stone, and other
materials, fifty churches, with towers or steeples to eash of them,
whereof one should be erected in the parish of Eaft-Greenwich in
10 Ann. c. 11. the county of Kent. And whereas in the tenth year of her jaid late
Majefty's reign, another act was made and paſſed in parliament for
enlarging the time given to the commiffioners appointed by her Majefty,
purſuant to the faid former act for granting the faid duties for build-
ing the faid new churches, and other purpoſes therein mentioned, and
for giving to the faid commiffioners further powers for better effecting
the fame, and for appointing monies for rebuilding the parish church
of St. Mary Woolnoth in the faid city of London. And whereas
1 Geo. 1. ftat. by an act of parliament made and paſſed in the first year of your Ma-
jefty's reign, intituled, An act for making provifion for the mini-
fters of the fifty new churches which are to be built in and about
the cities of London and Westminster, and fuburbs thereof, and
for rebuilding and finishing the parith church of St. Mary Wool-
noth in the faid city of London, it was enacted, That for all forts
of coals and culm, which from and after the twenty Seventh day of
September one thousand feven hundred and twenty four, and before
the twenty eighth day of September one thoufand Jeven hundred and
twenty five, ſhall be imported and brought into the port of the city of
London, or the river of Thames, within the liberty of the faid
city upon the fame river, there should be paid to his Majefty, his
heirs and fucceffors, by way of impofition thereupon (over and befides
all other impofitions and duties, according to the rates therein after
mentioned, that is to fay) for all fuch forts of coals and culm as are
ufually fold by the chalder, for every chalder thereaf, containing
thirty fix bufhels Winchefter measure, the fum of three billings;
and for fuch fort of coals as are fold by the tun, for every tun there-
of, containing twenty hundred weight, the fum of three fillings;
and that all the monies which should be raised by virtue of that act
(the necessary charges of raifing, managing, and accounting for the
Jame, excepted) should be brought into the receipt of exchequer, and
Should be appropriated for and towards the providing due maintenances
for the minifters to attend the fervice of God in the faid new churchess
2. C. 23.
and
ዓ
1718.]
21
Anno quinto GEORGII I. c. 9.
and ſhould for that purpoſe be issued, applied and difpofed, in fuch
manner as fhould thereafter be directed by parliament: and it was
thereby enacted, That the faid parish church of St. Mary Woolnoth,
and the tower thereof, fhould be rebuilt and finished out of the duties
granted by the faid recited act of the ninth year of her faid late Ma- 9 Ann. c. 22.
jefty's reign; and that the monies to be imployed for that purpoſe,
fhould be replaced and made good out of and by the monies applicable
by virtue of the faid act of the tenth year of her faid late Majefty's 10 Ann. c. 11.
reign, to the rebuilding and finishing the faid church, and the tower
thereof, as by the faid feveral acts, relation being thereunto refpective-
ly had, may more fully appear: and whereas out of the faid duties of
coals and culm, or out of monies lent upon credit of the fame, fe-
veral confiderable fums, amounting in the whole to one hundred fixty
one thousand one hundred feventy and five pounds fixteen fillings and
Seven pence, have been already raiſed and iffued for the buildings, re-
pairs, and other purpoſes preſcribed in or by the faid recited acts,
and the building of fome of the new churches thereby appointed to be
built, hath been begun, and feveral repairs which were thereby di-
rected, have been entred upon, and fome fcites, cemeteries, burying-
places, and minifters houfes have been purchaſed or contracted for,
and other charges have been borne, and payments made purſuant to
the orders of the feveral commiffioners, who from time to time have
been intrufted in and for the execution of the powers in the ſaid ſe-
„veral acts contained; but the charge of the faid buildings and repairs
already begun or performed, hath been fo exceffive, that over and
above the application of the faid monies already iffued, a great debt is
now owing to workmen and others for the fame; and it evidently
appears, That in cafe the expence of the faid buildings and repairs
hould proceed and be carried on at or near the fame exceffive rates,
the whole produce of the faid duties, during the faid time or times to
come therein by the faid former acts (though fuch produce far exceeds
the original estimates made for building the faid new churches and re-
pairs) will be very deficient for thofe purposes, and may probably at
the end of the faid preſent terms leave a great debt for work and
materials unprovided for: and whereas it is computed or estimated,
That the faid duties laid by the faid former acts on coals and culm to
be imported, as aforefaid, between Lady-day one thouſand ſeven
hundred and nineteen, and the faid twenty eighth day of September
one thouſand ſeven hundred and twenty five, may amount in the whole
to the fum of three hundred and fixty thousand pounds; and in cafe the
prefent terms in the faid duties be enlarged, fo as to make up thirty
two years, from Lady-day one thouſand ſeven hundred and nineteen,
the faid fum of three hundred and fixty thousand pounds may be raiſed
for the purposes before mentioned, as in this act is afterwards provided,
upon a particular yearly fund or fecurity in that behalf; and that the
fum of five hundred twenty eight thousand three hundred and twenty
pounds one filling and nine pence may be raiſed by eſtabliſhing another
particular yearly fund, and by fuch other ways and means as are here-
after in this act provided, for making good the fupply granted to his
Majefty in this feffion of parliament in the manner herein after men-
tioned; and that the furpluffes which shall or may, from time to time,
arife by the faid duties on coals and culm, over and above ſo much as ſhall
+
་
C 3
be
22
[1718.
Anno quinto GEORGII I. c. 9.
be fufficient to diſcharge the payments by this act intended to be charged
thereupon, may be referved for the use of the publick: therefore we your
Majefty's moſt dutiful and loyal fubjects, the commons of Great
Britain in parliament affembled, being defirous to purſue your
Majeſty's pious and gracious intentions for the honour and be-
nefit of the church of England and advancement of our holy re-
ligion, by making provifion for raifing the faid fum of three
hundred and fixty thousand pounds in fuch proportions at a time
as thall be needed to be employed (fo far as the Tame will ex-
tend) for or towards the building and finiſhing of churches,
purchafing fcites, church yards, burying places, and houſes for
minifters, repairing the faid collegiate church of St. Peter, Weft-
minster, and the chapels of the fame, finiſhing Greenwich Hof-
pital and the chapel thereunto belonging, and making provifions
for minifters, according to the true intention of the faid former
acts of parliament; and being alfo defirous to make good the
fupply granted to your Majefty in this feffion of parliament, by
making provifion to raiſe a fum, not exceeding the faid fum of
five hundred twenty eight thouſand three hundred and twenty
pounds one fhilling and nine pence; and being alſo defirous to
have the faid furpluffes referved for the uſe of the publick as
aforefaid, do moft humbly preſent to your Majefty the ſeveral im-
pofitions, rates and duties herein after mentioned, and do moft
humbly pray, That it may be, and be it enacted by the King's
moft 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
for all forts of coals and culm which, from and after the twen-
ty-feventh day of September one thouſand ſeven hundred and
March 1751, twenty five, and before the feast of the annunciation of the
3 s. per chal- bleffed Virgin Mary which ſhall be in the year of our Lord one
der and tun. thouſand feven hundred and fifty one, thall be imported and
Thefe duties are brought into the port of the city of London, or the river of
made perpetual Thames within the liberty of the faid city upon the fame river,
by 6 Geo. 1.
c. 4. fect. 1.
there ſhall be paid to his Majefty, his heirs and fucceffors, by
See 13 Geo. 1. way of impofition thereupon (over and above all other impo-
c. 21. fect. 1. fitions and duties) according to the rates hereafter mentioned,
(that is to fay) for all fuch forts of coals and culm as are ufually
fold by the chalder, for every chalder thereof containing thirty
fix bushels Winchefter meafure, the fum of three fhillings, and
for ſuch ſort of coals as are fold by the tun, for every tun there-
of, containing twenty hundred weight, the fum of three ſhil-
lings.
Coals and
culm import-
ed into the
port of Lon-
don, after 27
Sept 1725, and
before 25
to pay, viz.
Thefe duties
to be under
ment of the
II. And it is hereby enacted by the authority aforefaid, That
the ſaid reſpective fums of three fhillings for every chalder of
the manage- coals and culm and tun of coals, which from time to time,
commiffioners from and after the feaft of the annunciation of the bleffed Vir-
of the customs. gin Mary one thouſand ſeven hundred and nineteen, and be-
fore the faid feaft of the annunciation of the bleffed Virgin Mary
which fhall be in the year of our Lord one thouſand ſeven hun-
dred and fifty one, fhall be imported or brought into the ſaid
port
1718.]
23
Anno quinto GEORGII I. c. 9:
port or river within the liberty of the faid city, as aforefaid, and
payable by virtue of the ſaid recited acts of the ninth year of her 9 Ann. c. zz.
late Majefty's reign and the firſt year of his Majeſty's reign, and 1 Geo. 1. ftat.
by virtue of this prefent act, every or any of them, fhall from 2. C. zz.
time to time be under the management of the commiffioners
and officers of his Majefty's cuftoms for the time being, ac-
cording to fuch orders and directions as are or fhall from time
to time be given by the commiffioners of the treaſury, or any
three or more of them now being, or by the high treaſurer, or
any three or more of the commiffioners of the treaſury for the Duties how to
time being; and fhall or may from time to time be raiſed, le- be levied.
vied, collected and paid to his Majefty, his heirs and fucceffors,
in fuch manner, method and form, and at fuch places and by
fuch rules, ways and means, and under fuch penalties and for-
feitures, as are mentioned, expreffed and referred unto in and
by any act, law or ftatute, acts, laws or ftatutes now in force,
for raifing, levying, collecting or anſwering any other duty or
duties now payable to his Majefty for or upon any coals or
culm whatſoever imported or brought coaftwife into the ſaid
port of London; and that all and every the powers, authorities,
penalties, forfeitures, difabilities, articles, rules and claufes in
the fame acts, laws and ftatutes, or any of them, mentioned
or contained (except fuch and ſo much of them, for and con-
cerning which it is otherwiſe provided in this and the faid re-
cited acts, or any of them) fhall be of fuch force and effect, to
all intents and purpoſes, for the raifing, levying, collecting
and anſwering the impofitions hereby granted, for and during
the faid term or time herein before limited, as if the fame were
particularly and at large fet down and enacted by this act; any
former law, cuftom or ufage whatſoever to the contrary in any
wife notwithſtanding.
Chelſea ho-
III. Provided, that this act, or any thing therein contained, 100 chalders
fhall not extend, or be conſtrued to extend, to charge or lay of coals per
any of the duties or impofitions hereby impoſed upon fuch coals ann. for
(not exceeding one hundred chalders by the year) as ſhall be ſpital, not
brought into the port of London, from Newcastle upon Tine or chargeable.
any other place, for the only uſe and ſervice of the royal hofpi-
tal at Chelsea; any thing herein contained to the contrary not-
withstanding.
into the ex-
I
IV. And be it further enacted by the authority aforefaid, The monies.
That all and every fuch fum and fums of money as fhall be to be brought
raiſed, collected or levied by virtue of the ſaid recited act of the chequer.
ninth year of her faid late Majeſty's reign, and by virtue of the 9 Ann. c. 22.
ſaid recited act of the first year of his Majefty's reign, and by í Geo. 1. ftat.
virtue of this prefent act, every or any of them, of or for the 2. c. 23.
ſaid duties on coals and culm to be imported and brought into
the faid port of the city of London, or the river of Thames with-
in the liberty of the faid city upon the fame river, at any time
or times, from and after the feaſt of the annunciation of the
bleffed Virgin Mary one thoufand ſeven hundred and nineteen,
and before the faid feaft of the annunciation of the bleffed Vir-
C 4
gin
24
[1718.
Anno quinto GEORGII I. c.9.
And appro-
priated for
the uſes of
this act.
21,000l. to be
360,000 1.
gin Mary one thouſand ſeven hundred and fifty one, (the neceſ
fary charges of raifing, managing and accounting for the fame
always excepted) fhall from time to time be brought and paid
into the receipt of Exchequer; and the fame monies (other
than fuch furplus monies as are to be referved for future dif-
pofition by parliament as aforefaid) are and ſhall be, by force
and virtue of this act, appropriated, iffued, applied and diſpoſ-
ed to and for the feveral and refpective ufes and purpoſes in and
by this prefent act prefcribed and directed, of and concerning
the fame, and to and for none other uſe, intent or purpoſe
whatſoever; any former act or acts of parliament, or any ap-
propriation, direction, clauſe or claufes, matter or thing what-
foever therein contained to the contrary in any wife notwith-
ftanding.
After 25
V. And to the end a good and fufficient fund and fecurity
March 1719, may be fettled and eſtabliſhed for raiſing the ſaid ſum of three
for 32 years, hundred and fixty thousand pounds, in fuch proportions at a
a fund for an- time as fhall be needed, for the purpoſes in this act particularly
fwering the expreffed, of and concerning the fame; be it further enacted by
principal and the authority aforefaid, That yearly and every year, from and
interest of
after the ſaid feast of the annunciation of the bleffed Virgin
Mary one thouſand ſeven hundred and nineteen, for and during
the term of thirty and two years from thence next enfuing, the
full fum of twenty and one thousand pounds, by or out of the
monies of or for the ſaid ſeveral duties on coals and culm by
this act appropriated as aforefaid, fhall be and is by this act de-
clared and enacted to be a particular fund and fecurity for an-
fwering and paying, as well the principal as the intereft of the
faid fum of three hundred and fixty thouſand pounds, in ſuch
courſe, manner and form, as are hereafter in this act preſcrib-
ed in that behalf: and the commiffioners of his Majesty's trea-
fury now being, and the treaſurer and under-treaſurer of the
exchequer and commiffioners of the treaſury of his Majefty, his
heirs and fucceffors for the time being, are hereby ftrictly en-
joined and required to cauſe the faid yearly fum of twenty and
one thouſand pounds to be applied according to this act, out
of the duties arîfing as aforefaid, with preference to any other
payments to be made out of the fame; any former law or fta-
tute to the contrary notwithstanding.
Money may
be raised by
way of loan
at 41. per cent.
for building
churches, &c.
VI. And be it further enacted by the authority aforefaid,
That it ſhall and may be lawful to and for the commiffioners of
his Majeſty's treaſury, or any three or more of them now be-
ing, and the treaſurer and under-treaſurer of the exchequer,
or any three or more of the commiffioners of the treaſury for
the time being, (without any further or other warrant or au-
thority to be ſued for, had or obtained in that behalf) from
time to time to direct the officers at the receipt of the exchequer
to receive, by way of loan, from any perfon or perfons, na-
tives or foreigners, bodies politick or corporate, willing to make
fuch loan or loans upon credit of the faid particular fund of
twenty and one thousand pounds per annum by this act efta-
•blished
1718.]
25
Anno quinto GEORGII I. c. 9.
Tax free.
bliſhed as aforefaid, fuch fum and fums of money as any five
or more of the perfons appointed, or to be appointed by com-
miffion or letters patents under the great ſeal of Great Britain,
fhall from time to time, or at any time or times, think neceffary,
and fhall, by writing under the hands of them or any five or
more of them, defire to be raiſed by way of loan for the build-
ings, repairs and other purpoſes by the faid recited acts intend-
ed; and to allow intereft, not exceeding the rate of four pounds
per centum per annum, for the forbearance thereof; and that the
monies fo lent ſhall not be taxed or affeffed by any act of parli-
ament whatſoever; and that fuch lenders fhall have tallies of
loan and orders for their repayment, with ſuch intereſt as afore-
ſaid, out of the faid particular fund of twenty and one thouſand
pounds per annum, the principal to be paid in courfe according To be paid in
courfe.
to the reſpective dates of the tallies, and the intereſt every three
Intereft every
months, until the repayment of the principal, fo that at the three months,
end of every quarter of a year the ſaid intereft then due fhall be &c
paid, or money fufficient fhall be reſerved for payment thereof;
and the rest of the money of the fame particular fund then re-
maining in the exchequer fhall be iffued and applied, from time
to time, towards fatisfaction of the ſaid principal in courfe as
aforefaid; and fo as care be taken, that as the principal be
paid off, the intereſt be proportionably funk and abated; and
that no fee, reward or gratuity fhall be demanded or taken in
or for the payment thereof; and that the money of the faid par-
ticular fund of twenty and one thouſand pounds per annum ſhall
be liable to fatisfy fuch orders accordingly without being di-
verted from the fame to any other ufe, intent or purpoſe, upon
pain of forfeiting treble damages, with full coſts of fuit, to the
party grieved by the party offending; and that fuch orders fhall
be affignable by endorſements thereupon according to the courſe
in ſuch caſes uſed in the exchequer; any law or ſtatute what-
foever to the contrary notwithſtanding.
VII. And it is hereby enacted, That all the monies to arife by The 21,000l.
way of loan upon credit of the faid particular fund of twenty and per ann. ap-
one thouſand pounds per annum, and all the monies of the ſame propriated for
fund (except fo much thereof as is to be applied for repayment building the
of the principal and fatisfaction of the intereft of the loans which churches, &c.
fhall be made thereupon, as aforefaid) are hereby appropriated,
and ſhall be applied for or towards the building and finiſhing of
churches, purchafing of fcites, church-yards, burying-places,
and houſes for minifters, repairing the faid collegiate church of
St. Peter, Westminster, and the chapels of the fame, finiſhing
Greenwich Hofpital and the chapel thereunto belonging, mak-
ing provifion for minifters, and other charges relating to the
faid churches, which were authorized and intended by the ſaid
former acts or any of them concerning the fame, and to or for
none other uſe, intent or purpoſe whatſoever.
VIII. Provided always, That the principal of fuch loans, Not to exceed
together with the monies (if any fuch be) which fhall be fup- 360,000 1.
plied out
of the fame particular fund itſelf, for the purpoſes laſt
men-
+6
[1718.
Anno quinto GEORGII I. c. 9.
Treafury to
iffue fuch
money as the
for the
the treaſurer
mentioned, ſhall not in the whole exceed the faid fum of three
hundred and fixty thouſand pounds.
IX. And be it further enacted by the authority aforefaid,
That it fhall and may be lawful to and for the commiffioners of
commiffioners his Majeſty's treafury, or any three or more of them now be-
ing, and the high-treafurer and under-treaſurer of the exche-
churches hall quer, or any three or more of the commiffioners of the treaſury
think fit, to for the time being, and they are hereby directed and authorized,
in that behalf. (without any further or other warrant or authority to be fued
for, had or obtained in that behalf) from time to time to iffue
and pay, or caufe to be iffued and paid, out of the monies to
arife by way of loan upon credit of the faid particular fund of
twenty and one thousand pounds per annum and out of the
monies of the faid particular fund of twenty and one thouſand
pounds per annum, (except fo much of the fame particular year-
ly fund as is to be applied for the payment of principal and fa-
tisfaction of the intereft of the loans to be made upon the ſame
as aforefaid) fuch fum and fums of money as fhall be thought
meet and neceffary by the faid commiffioners appointed or to be
appointed to take care of the faid buildings as aforefaid, or any
five or more of them, for the buildings, repairs and other the
ſervices laſt before-mentioned; which monies fo to be iſſued as
aforefaid fhall be paid unto fuch perfon or perfons, (not being
of the number of the fame commiffioners) for the ends and pur-
poſes aforefaid, as his Majeſty, his heirs or fucceffors, ſhall from
time to time direct and appoint to be the treaſurer or treaſurers
in this behalf; and fhall be received by him or them by way
of impreft, and be accounted for only by fuch treaſurer or trea-
furers; and ſhall be disburfed, expended and applied by fuch
treaſurer and treaſurers refpectively, according to fuch orders
and warrants as he or they fhall receive from time to time from
the faid commiffioners for the faid buildings and repairs, or
any five or more of them, for all or any the uſes and fervices
before by this or the faid former acts preſcribed or allowed in
that behalf, and not otherwife, or to any other uſe, intent or
countable in purpoſe whatſoever; which faid treaſurer and treaſurers refpec-
tively fhall be accountable in the exchequer for the fame, and
thall give fuch fufficient fecurity, as fhall be approved by the
give ſecurity. commiffioners of the treafury, or any three or more of them
now being, or by the treaſurer and under-treaſurer of the ex-
chequer, or any three or more of the commiffioners of the
treaſury for the time being, before he or they enter upon his
or their office, for making ſuch accounts.
Treaſurer ac-
the exche-
quer, and to
The produce
of the duties
before
25 March
1719, to be
applied in
purfuance of
the former
acts.
X. Provided always, and it is hereby enacted by the autho-
rity aforefaid, That the produce of the faid duties which thall
come or be brought into the receipt of exchequer for fuch
coals or culm, as aforefaid, imported or to be imported before
the faid feaſt of the annunciation of the bleffed Virgin Mary one
thouſand ſeven hundred and nineteen, fhall be iffued and ap-
plied in fuch manner as the fame ought to have been iffued and
applied by or in purſuance of the faid former acts or any of them,
if
1718.]
27
Anno quinto GEORGII I. c.g.
if this preſent act had not been made; and if it fhall appear,
after the application thereof, that any money ſhall remain unfa-
tisfied for principal or intereſt upon the regiſter of loans kept
at the exchequer, by virtue or in purſuance of the faid acts of
the ninth and tenth years of her late Majefty's reign or either of 9 Ann. c. 22.
them, then fuch remainder fo unfatisfied fhall be paid and dif- 10 Ann. c. 11.
charged out of the first monies to be raiſed or paid in part of the
faid ſum of three hundred and fixty thouſand pounds; any thing
herein contained to the contrary notwithſtanding.
I
ftat. 2. c. 23.
XI. And it is hereby enacted, That all fuch powers, pro- The powers,
vifoes, directions and claufes contained in the faid recited acts &c. in the
of the ninth and tenth years of her faid late Majefty's reign, former acts-
and in the ſaid act of the first year of his Majefty's reign, or in continued.
any other act or acts of parliament touching the building and Geo. 1.
repairing of the ſaid churchs, and any other matters and things
therein ſpecified, as are now in force and are not taken away or
altered by this prefent act, fhall continue and be in force to all
intents and purpoſes, as if the fame powers, directions, provifces
and clauſes were repeated and re-enacted in the body of this act.
XII. Provided always, and be it enacted by the authority a- His Majeſty
forefaid, That it fhall and may be lawful to and for the King's may appoint
majefty, his heirs and fucceffors, from time to time, by com-
miffion or letters patents under the great feal of Great Britain, churches.
to nominate, conftitute and appoint fuch perfons to be com-
miffioners to execute all and every the powers in the faid recit-
ed acts of the ninth and tenth years of her faid late Majeſty's
reign, and of the first year of his Majefty's reign, which do or
ſhall remain to be executed, and all the powers in this prefent
act, touching the building and repairing of the ſaid churches, and
other matters by fuch commiffioners to be done and performed,
and to obſerve fuch directions as fhall be moft conducible to his
Majeſty's gracious and pious intentions in the premiffes.
commiffioners.
for the
XIII. And to the end a good and fufficient fund and fecurity
may be ſettled and eſtabliſhed for raifing the fum of five hundred
and five thouſand nine hundred ninety and five pounds, part of
the faid fum of five hundred twenty eight thouſand three hun-
dred and twenty pounds one fhilling and nine pence, for mak-
ing good the fupply granted to his Majeſty in this feffion of
parliament: be it further enacted by the authority aforefaid, That After Lady-
yearly and every year, from and after the feaſt of the annuncia- day 1717, for
tion of the bleffed Virgin Mary one thouſand ſeven hundred 32 years
and nineteen, for and during the term of thirty two years from 30,5591. 145.
thence next immediately enfuing, the full fum of thirty thou- the fund for
ſand five hundred fifty and nine pounds and fourteen fhillings the fortunate
per annum, by or out of the monies of or for the faid ſeveral lots.
duties on coals and culm by this act appropriated or intended to
be appropriated as aforefaid, fhall be and by this act is declared
and enacted to be a particular fund and fecurity for anſwering
and paying, as well the principal as the intereft of the fortu-
nate lots or chances herein after mentioned, in fuch courfe,
manner and form as are hereafter in this act prefcribed in that
behalf:
per ann. to be
28
[1718.
Anno quinto GEORGII I. c.9.
Any perfons
may be con-
tributors.
behalf and the commiffioners of his Majefty's treaſury now
being, and the high treaſurer and under treaſurer of the exche-
quer, and the commiffioners of the treaſury of his Majefty, his
heirs and fucceffors for the time being, are hereby ftrictly en-
joined and required to cauſe the ſaid yearly fum of thirty thou-
fand five hundred fifty nine pounds and fourteen fhillings to
be from time to time fet apart, iffued and applied according
to this act, out of the duties arifing as aforefaid; any former
law or ſtatute to the contrary notwithſtanding.
XIV. And be it further enacted by the authority aforefaid,
That it ſhall and may be lawful for any perſon or perſons, na-
tives or foreigners, bodies politick or corporate, to contribute
or advance, for or towards raiſing the ſaid ſum of five hundred
and five thouſand nine hundred and ninety five pounds, by pay-
ing, at or before the reſpective days and times in this act limit-
ed in that behalf, to any receiver or receivers to be appointed
for that purpoſe, as is herein after mentioned, the fum of three
pounds, or divers intire fums of three pounds upon this act;
and that for raiſing the ſaid ſum of five hundred and five thou-
fand nine hundred ninety five pounds, any perſon who will be-
come contributor or adventurer, fhall or may advance the fum
of three pounds, for which fums fo advanced he, fhe or they,
in caſe of a fortunate lot, ſhall be entitled to receive, by virtue
of this act, fuch principal money and intereſt for the fame, to
be paid, as herein after is mentioned, by and out of the faid par-
ticular fund of thirty thouſand five hundred fifty and nine pounds
and fourteen ſhillings per annum, fettled by this act; and that
every ſuch contributor or adventurer may advance as many in-
tire fums of three pounds, as he, the or they ſhall think fit;
and for every fuch fum of three pounds ſo advanced he, fhe or
they, if fortunate, is and are to be intereſted in one lot or ſhare
of and in the ſame yearly fund by virtue of this act and the
fame intire fums of three pounds each are hereby appointed to
be paid to ſuch receiver or receivers at or before the reſpective
days and times and in the reſpective proportions herein after
Times of pay- mentioned, that is to fay, one third part thereof on or before
the fifteenth day of April one thouſand ſeven hundred and nine-
teen, and the remaining two third parts thereof on or before
the fifteenth day of May in the year of our Lord one thouſand
ſeven hundred and nineteen.
ment.
Recital of
5 Geo. 1. c.
being the
Treaſury to appoint managers. Books to be prepared with two columns.
Treaſury to appoint receivers. Managers to examine the books. Tickets
how to be delivered out. Books to be re-delivered to the managers by
20 May 1719. Tickets not difpofed of to be delivered into the Exche
quer to be cancelled. EX P.
XVIII. And whereas in and by one act of this feffion of parlia
3. ment, intituled, An act for applying certain overplus monies and
further fums to be raiſed, as well by way of a lottery as by loans,
towards paying off and cancelling exchequer bills, and for lef-
fening the prefent great charge in relation to thofe bills, and for
other lottery-
act of this
feffion,
circulating
1718.]
29
Anno quinto GEORGII I. c. 9.
circulating and exchanging for ready money the refidue of the
fame bills for the future, it is enacted, That one hundred fixty
eight thousand fix hundred fixty five tickets therein mentioned ſhall be
rolled up and put into a box to be marked with the letter (A) and fe-
cured as in the fame act is prefcribed; and that books fhall be prepared,
in which every leaf fhall be divided or diftinguished into two columns;
and that upon the innermost of those two columns there fhall be print-
ed one hundred fixty eight thousand fix hundred fixty five tickets, and
that upon the outermost of thofe two columns there fhall be printed one
hundred fixty eight thousand fix hundred fixty five tickets; and that
twenty eight thouſand one hundred and nine, part of thofe contained
in the outermoft columns of the books last mentioned, shall be and be
called the fortunate tickets, to which the prizes or benefits fhall be-
long, as is therein mentioned; and the faid fortunate tickets ſhall be
written upon, as well in figures as in words at length, in manner
following, that is to fay, upon one of them, twenty thousand pounds
principal money; upon two of them feverally, ten thousand pounds
principal money; upon every one of four of them feverally, five thou-
fand pounds principal money; upon every one of thirty of them feve-
rally, one thousand pounds principal money; upon every one of seventy
of them feverally, five hundred pounds principal money; upon every
one of four hundred and four of them feverally, one hundred pounds
principal money; upon every one of eight hundred of them feverally,
fifty pounds principal money; upon every one of fourteen hundred and
eight of them feverally, five and twenty pounds principal money; and
upon every one of twenty five thousand three hundred and ninety of
them ſeverally, ten pounds principal money: which principal fums, to-
gether with five hundred pounds principal money to be allowed to the
owner of the firſt-drawn ticket, and five thousand pounds principal
money to the owner of the laft-drawn ticket, (befides the benefits which
may happen to belong to the two tickets laft mentioned) do amount in
the whole to five hundred thousand pounds; and that all the tickets
contained in the outermoft columns of the last-mentioned books, shall be
carefully rolled up and put into another box to be marked with the let-
ter (B), to be alfo fecured as in the fame act is preferibed; and that
on or before the twenty fourth day of September one thouſand ſeven
hundred and nineteen the faid feveral boxes, with the tickets therein,
fhall be brought into the Guild-hall of the city of London; and that
the tickets therein shall be drawn, and the fortunate tickets afcertain-
ed, adjusted and fettled in the manner and within fuch time as are
therein mentioned, as by the fame act, relation being thereunto had,
may more fully appear. Now in regard the tickets preſcribed by
this prefent act do confift of the fame numbers, and are to be
attended with the fame chances with thoſe appointed to be pre-
pared by the act laſt before recited: it is hereby further enacted
by the authority aforefaid, That the chance of every ticket for Every chance
which any money fhall be contributed on this prefent act (whe- of this lottery
ther the fame ſhall happen to be a prize or a blank) fhall be de- mined by the
termined by the drawing of the tickets upon the ſaid other act; drawing of
ſo that in every cafe where any numbred ticket upon the draw- the other lot-
ing by the ſaid other act ſhall be entitled to a prize in principal tery.
5 Geo. I. c.
money,
to be deter-
3.
30
[1718.
Anno quinto GEORGII I. c. 9.
All furplus
money dif-
poleable by
parliament.
A
money, the ticket of the like number to be made forth upon
this preſent act ſhall be entitled to a prize of the like value in
principal money; and in every cafe where any numbred ticket
upon the drawing by the faid other act ſhall not be a prize, the
ticket of the like number to be made forth upon this prefent
act shall likewife be deemed to be an unfortunate ticket, to
which no prize fhall belong.
The method of drawing to aſcertain the courfe of payment. An exact
table of the courfe of payment to be printed. Fortunate tickets to be
brought to the managers within 30 days after drawing. Fortunate tickets
to be printed. Forging or counterfeiting tickets felony. Managers to
enter fortunate tickets in a book, and tranfmit it into the Exchequer.
Intereft to be paid quarterly. First payment at St. John Baptift's day
1719. Managers to be fworn. Their oath. All receipts and iffues at
the exchequer to be gratis, &c. Money lent tax-free. Fortunate tickets
to be exchanged for ftanding orders. Orders in the fame courſe of pay-
ment to be numbred according to their bringing in. Orders to be paid
numerically, &c. and affignable. Several orders in the fame thouſand
may be turned into one order, not exceeding 500l. in one order. The
fund of 30,5591. 14s. per annum appropriated for paying intereft and prin-
cipal. No undue preference if fubfequent orders be paid before other
perfons that did not come to take their money. Monies of one year
proving deficient, to be paid out of the next year. Notice in the London
Gazette, and by writing to be hung up in the office, to be given of what
courſes are in payment. Receivers may take in money before they receive
their books. Contributor advancing one third, and not the remaining
two thirds by 15 May 1719. the first third forfeited, &c. Treaſury to
appoint officers to pay intereft and principal, and to regifter all affign-
ments of orders, &c. All affignments to be regiftred without fee. Ex-
traordinary benefits of 1000l. or upwards, may be divided into ſeveral
ſtanding orders, &c. Guardians may fubfcribe for infants. The over-
plus of the duties on coals quarterly, to make good the refidual fum of
22,325l. 18. 9d. The managers and incident charges to be paid out of
the duties on coals. EX P.
XLII. And it is hereby enacted by the authority aforefaid,
That all the furplus, excefs, or overplus monies, which fhall
or may quarterly, or at the end of any quarter of a year, during
the faid term of thirty two years, arife by the faid duties on
coals and culm hereby appropriated, as aforefaid (over and a-
bove ſo much as fhall be fufficient to diſcharge the monies then
due and incurred on the ſaid particular fund of twenty one thou-
fand pounds per annum, and on the faid particular fund, not
exceeding thirty thouſand five hundred fifty nine pounds and
fourteen fhillings per annum, and over and above the neceffary
charges for executing this act, and over and above the monies
applicable by this act, to fatisfy the faid refidual ſum of twenty
two thouſand three hundred twenty five pounds one fhilling
and nine pence) and that all the furplus, exceſs, or overplus
inonies which fhall or may arife and remain of or for the faid
duties on coals and culm hereby appropriated, as aforefaid,
after the ſaid ſum of three hundred and fixty thouſand pounds
to be charged on the faid particular fund of twenty one thou-
fand pounds per annum, and after all the principal and intereft
to be charged, as aforefaid, on the faid particular fum of thirty
thouſand five hundred fifty nine pounds and fourteen ſhillings
per
1718.]
31
Anno quinto GEORGII I. c.9.
per annum, and after the ſaid reſidual ſum of twenty two thou-
fand three hundred twenty five pounds one fhilling and nine
pence, and the faid neceffary charges of executing this act, fhall
be entirely paid off, diſcharged and fatisfied, (or fufficient mo-
ney ſhall be ſet off for thoſe purpoſes) fhall be kept apart and
reſerved for the difpofition of parliament, and ſhall not be diſ-
pofed or applied to any uſe or purpoſe whatſoever, but by au-
thority of parliament, and according to fuch future act or acts
of parliament as fhall be made and paffed for the difpofition
thereof.
5
Geo.
XLIII. And whereas notwithstanding the feveral good acts of par- Claufe for the
liament heretofore made against private lotteries, feveral perfons more effectual
have given publick notice for taking ſubſcriptions for the fale of the fuppreffing
private lot-
chances, or part of the chances to arife on the tickets to be issued by teries.
virtue of the faid af, intituled, An act for applying certain over- 1. c. 3.
plus monies, and further fums to be raiſed, as well by way of
lottery as by loans, towards paying off and cancelling exchequer
bills, and for leffening the prefent great charge in relation to
thoſe bills; and for circulating and exchanging for ready money
the refidue of the fame bills for the future, not being poffeffed of
the tickets on which fuch chances, or parts of chances are propofed ta
be fold, thereby erecting another lottery, or entring into an under-
taking reſembling a lottery, for their private benefit, on the foot of
the lottery fo erected by parliament, to the great and manifeft preju-
dice of the publick credit, and in open contempt of the faid acts of
parliament made against private lotteries: for the preventing and
remedying fuch pernicious practices, be it further enacted by
the authority aforefaid, That the fame and all fuch kind of un-
dertakings, fhall be and are hereby declared to be within the
true intent and meaning of the feveral acts of parliament made
againſt private lotteries; and the ſeveral perfon or perfons, buy-
ing, felling, fubfcribing, or taking fubfcriptions for the purchaſe
of ſuch chances or lots, or part or parts of ſuch chances or lots,
of or on any one or more of the tickets made out, or to be
made out, in purſuance of this or any other act or acts of par-
liament for a publick lottery, or of or on the number or num-
bers of any fuch ticket or tickets, without having fuch original
ticket or tickets in his, her or their own cuftody and right, ſhall
be liable to, and fuffer the feveral pains, penalties and forfeitures
inflicted by any former act or acts of parliament, upon fuch
as fhall be concerned in private lotteries: and further, That if
at any time or times, after the twentieth day of March one
thouſand ſeven hundred and eighteen, any perfon or perfons
fhall preſume to fell, or take fubfcriptions for the fale or fales of
the lot or chance, lots or chances, or any part or parts of the
lot or chance, lots or chances, of or on any one or more ticket
or tickets, or of or on the number or numbers of any ticket or
tickets made or to be made out in purſuance of this or any other
act or acts of parliament for a publick lottery, without having
fuch ticket or tickets in his, her or their cuftody or right, fuch
perſon or perſons fhall, for every lot or chance, or part of lot
or
32
[1718.
Anno quinto GEORGII I. c. 10.
1 Geo. 1. c. 49.
This act is
explained by
Geo. 1. ftat.
7
1. c. 16. f. 16.
&c.
or chance fo fold or fubfcribed for, as aforefaid, forfeit and pay
the fum of one hundred pounds, over and above any former
penalties inflicted by any former act or acts of parliament made
againſt private lotteries; the one moiety thereof to his Majeſty,
his heirs and fucceffors, and the other moiety thereof to fuch
perſon or perſons as, in his, her or their own right, ſhall at the
commencement of the drawing of fuch lottery or lotteries be
poffeffed of the ticket or tickets on which fuch lot or chance,
or part of lot or chance, fhall be fold or ſubſcribed for, as afore-
faid, to be recovered by action of debt, or on the cafe, bill, fuit
or information, in any his Majefty's courts of record at Weft-
minſter, as aforeſaid.
CAP. X.
An act for enlarging the time granted by two acts of parlia-
ment, for repairs of the piers of Bridlington alias Bur-
lington, and for making the faid acts more effectual.
W
WHEREAS by an act paffed in the first year of the reign of
his prefent Majefty, intituled, An act to revive and con-
tinue an act of the eighth and ninth years of the reign of his
late majesty King William, for repair of the piers of Bridlington
alias Burlington in the eaſt-riding of the county of York, it was
enacted, That the faid act of the eighth and ninth years of the reign
of his late majesty King William the Third, and all the duties and
Jums of money thereby granted and made payable, and every claufe,
matter and thing therein contained, should from and after the twenty
fourth day of June one thousand feven hundred and fixteen ftand
and be revived, continued and paid, for the term of fourteen years,
videlicet, from the faid twenty fourth day of June one thousand
feven hundred and fixteen until the twenty fourth day of June one
thousand feven hundred and thirty: and whereas for the greater
fecurity of fuch ſhips and vessels as fhall, from time to time, come
into the harbour of Bridlington, it is abfolutely neceffary, that both
the faid piers fhould be lengthened, and the whole fouth pier be
Speedily rebuilt (and most part thereof upon a new foundation) and
that new jetties fhould be also built, and other neceſſary works made
for the fecurity thereof: be it enacted, &.
The trustees in the recited act, and thofe herein named, may lengthen
The act 8 & 9 W. 3. c. 29.
the north and fouth piers, build jetties, &c. The act 8 &
ſhall continue in force for 25 years, after June 24, 1730. The trustees in
the recited act of 1 Geo. 1. ftat. 2. c. 49. and thofe herein named, fhall,
have power to raiſe and diſpoſe of the duty granted by 8 & 9 W. 3. c. 29.
Truſtees dying, the furvivors may elect others. Additional duties granted
after June 24, 1719. To be raiſed, &c. as by the former acts. Perfons,
lands, &c. heretofore chargeable with building, &c. the faid piers, &c.
hall continue to be fo after the faid piers, &c. are lengthned, &c.
Truſtees may affign the duties, and grant the tolls, &c. for thirty-fix
years, as a fecurity for money to be borrowed for the purpoſes of this act.
If any perfon be fued, the action fhall be laid in the county of York,
and the defendant may plead the general iffue, &c. and fhall recover
treble cofts.
CAP.
1518.]
33
Anno quinto GEORGH I. C. II.
CA P. XI.
An act against clandeftine running of uncuſtomed goods, and
for the more effectual preventing of frauds relating to the
customs.
WH
After 25
brandy, &c.
HEREAS the laws already made for preventing the unlaw-
ful importing and clandeftine running and landing of custom-
able and prohibited goods and merchandizes, have by experience been
found to be ineffectual to prevent fuch illegal practices, whereby
his Majefty is greatly defrauded of and in his duties, and fair traders,
who duly pay duties, are very much diſcouraged and injured in their
trades: and whereas for the better carrying on fuch private and
clandeftine trade, divers fmall veffels, under the burthen of fifteen
tons, are generally employed in the undue importing, running and
landing foreign brandy, strong-waters and ſpirits, contrary to the
laws already made and in force: for remedy whereof, be it en-
acted by the King's most excellent majeſty, by and with the
advice and confent of the lords fpiritual and temporal and com-
mons, in this prefent parliament affembled, and by autho-
rity of the fame, That if any foreign brandy, arrack, rum, March 1719,
ſtrong waters or fpirits of any kind whatſoever, fhall from and
after the five and twentieth day of March one thouſand ſeven imported in
hundred and nineteen be imported or brought into Great Bri- any fhip under
tain, or into any port, harbour, haven or creek thereof, in any 15 tuns, fuch
fhip, veffel or boat, under the burthen of fifteen tons (except &c.
ſhip forfeited,
only for the uſe of the feamen then belonging to and on board Continued by
fuch ſhip, veffel or boat, not exceeding one gallon for each 2 Geo.2. c.28.
fuch feamen) every ſuch ſhip, veffel or boat, with all her tackle, from May
furniture and apparel, or the value thereof, fhall be forfeited, 1729, 10 Sept.
and fhall and may be feifed by any officer or officers of the By Geo. 1.
cuſtoms, and ſhall and may be proceeded againſt and recovered c. 18. fect. 1.
in the manner herein after mentioned; and after the feizure and Ships, &c. of
condemnation of fuch fhip, veffel or boat, the principal officers 40 tuns or un-
der, importing
of his Majeſty's cuſtoms in the port or place where the fame brandy, &c. are
fhall be at the time of condemnation, are hereby directed to forfeited.
cauſe ſuch ſhip, veſſel or boat, to be entirely broke up, and the
materials to be publickly fold to the beft advantage, together
with the tackle, furniture and apparel thereunto belonging, the
produce whereof to be divided as herein after mentioned.
1734.
under
II. And whereas rum is now imported in much greater propor- After 29 Sept.
tions than formerly: and whereas the importing thereof in small 1719, rum im-
cafks or veſſels is many times done with defign that the fame may ported in cafks
more eafily, privately, and clandeftinely be carried off and conveyed lons, forfeited.
20 gai-
without paying the duties: for remedy whereof, be it enacted by For the conti-
the authority aforefaid, That if after the twenty ninth day of nuance of this
September one thouſand ſeven hundred and nineteen, any rum
clauſe, fee
fhall be imported or brought into Great Britain, or into any fect. 8. &
port, harbour, haven or creek thereof, in any cafk or veffel, not 2 Geo. 2. c.28.
containing twenty gallons at the leaft (excepting only for the fect. 3.
ufe of the feamen then belonging to and on board fuch fhip or Unless such
veffel) rum were for
VOL. XIV.
9 Geo. 1. c. 8.
2 35
34
[1718.
Anno quinto GEORGII I. c.11.
the ufe of the veffel) all fuch rum, or the value thereof, fhall be forfeited;
mafter, &c.
nevertheleſs if it fhall be made appear, to the fatisfaction of the
principal officers of the customs at the port of importation, that
fuch rum fo imported in ſmall cafks, was for the uſe of the ma-
fter or feamen belonging to the fhip or veffel in the voyage, or
imported by merchants or traders, without fraud or conceal-
ment, that then and in every fuch cafe the faid officers are here-
by impowered and directed to admit fuch rum to an entry, and
cauſe the duties thereof to be accepted, inftead of the forfeiture
thereof before-mentioned; any thing herein contained to the
contrary notwithſtanding.
After 25
foreign goods
taken in at
ſea by any
be landed or
put on board
fel without
payment of
the duties,
forfeited.
For the conti-
nuance of this
clauje, jee
fect. 8. &
fect. 3.
"
III. And be it further enacted by the authority aforefaid, That
March 1719, in cafe any foreign goods, wares or merchandizes, ſhall after
the five and twentieth day of March one thouſand ſeven hundred
and nineteen, by any collier, fiſher-boat, or other coafting vef-
collier, &c. to fel or boat be taken in at fea, or out of any fhip or veffel what-
foever, in order to be landed or put into any other ſhip, veſſel
any other vef- or boat, within the limits of any port, without payment of the
cuſtoms and other duties due and payable for the fame, fuch
goods, wares and merchandizes fhall be forfeited, and the maſter
of fuch collier, fiſher-boat, or other coafting veffel or boat, fhall
forfeit treble the value of ſuch goods, unleſs in cafe of neceffity,
which fuch maſter fhall immediately give notice of, and make
proof before the chief officers of the cuftoms of the firſt port of
9 Geo. 1. c. 8. this kingdom where he fhall arrive; and the mafter, purfer,
2 Geo.2. c. 28, or other perfon taking charge of the fhip or veffel, out of
which fuch goods fhall be taken in at fea, unleſs in caſe of ne-
and the matter ceffity, as aforefaid, fhall forfeit treble the value of fuch goods.
to forfeit treble fo unfhipt; one moiety of which forfeiture to be for the ufe of
lefs in cafe of his Majefty, his heirs and fucceffors, and the other moiety to
neceffity.
him, her or them who will inform or fue for the fame, and thall
and may
be recovered in like manner as is herein after mentioned.
IV. And whereas in ships from foreign parts, goods are often
ported, and found at clearing fuch ships concealed in falfe bulk-heads between the
clearing the linings and falſe knees, or in concealed lockers, in order to their being
hip, forfeited. landed without payment of duties, fo that 'tis almost impoffible for
For the conti- officers of the customs to difcover them without having fome previous
nuance of this information: for prevention of which fraudulent practices, be it
claufe, fee
enacted by the authority aforefaid, That from and after the five
and twentieth day of March one thouſand ſeven hundred and
2 Geo. 2. c.28. nineteen, all goods not reported, and found after the clearing
the fhip by the proper officer or officers of the cuftoms, fhall be
liable to forfeiture, and fuch goods fhall and may be ſeized and
profecuted in the manner herein after mentioned; any law or
cuftom to the contrary notwithstanding.
the value, un-
Goods not re-
found after
9 Geo. 1. c. 8.
fect. 8. &
{ect. 3.
10 Ann. c. 26.
V. And whereas by an act made in the tenth year of the late
Queen's reign, for laying additional duties on hides and ſkins, vellum
and parchment, and new duties on starch, coffee, tea, drugs, and.
other things, certificates for the diſcharge of bonds given at the custom
boufe upon the exportation of coffee or tea, that the fame shall not be
relanded in any part of Great Britain, are to be under the common
Sear
1718.]
35
Anno quinto GEORGII I. C. II.
8
n
Seal of the chief magiftrate in fuch place or places in parts beyond the
Seas, or under the hands and feals of two known British merchants
then being at fuch place or places, That fuch coffee, tea or drugs was
there landed; which provifion is found infufficient for the fecurity of
the revenue of customs against any fecret relanding fuch coffee, tea or
drugs, in fome part of this kingdom: and in regard a better provifion
may be made with respect to fuch goods exported to Ireland, as is
made in the cafe of tobacco, by an act made in the eighth year of her & Ann. c. 13
faid late Majesty's reign; be it therefore enacted by the authority After May
aforefaid, That from and after the first day of May one thoufand 1719. no bond
feven hundred and nineteen, no fuch bond given for the expor- tion of certifi
for exporta-
tation of coffee, tea, or other certificate goods exported to Ireland, cate goods to
ſhall be delivered up, or any drawback allowed for any goods en- Ireland to be
titled thereto, until a certificate fhall be produced under the delivered up,
hands and ſeals of the collector, controller and ſurveyor of the or any draw-
cuſtoms of ſome port in Ireland, or any two of them, where till certificate
fuch goods fhall be landed, teſtifying the landing thereof; and for from the col-
the future the condition of all fuch bonds, required by law to be lector, &c.
given for the exportation of any of the faid goods to Ireland, goods were
ſhall be, to produce fuch certificate in fix months from the date landed, &c.
thereof (the danger of the ſeas and enemies excepted;) and in For the conti-
cafe no ſuch certificate fhall be produced within the faid time of nuance of this
fix months, it ſhall and may be lawful for the commiffioners of claufe, fee
9 Geo. 1. c. 8.
the cuſtoms in England or Scotland reſpectively to caufe fuch fect. 8. &
bonds to be put in fuit, unleſs they ſhall find fufficient cauſe to 2 Geo. 2. c.28.
forbear the fame; any law, cuftom or ufage to the contrary not- fect. 3.
withſtanding.
back allowed,
where the
VI. And whereas the remedies already provided by law, to prevent
the relanding goods prohibited to be worn in this kingdom, and foreign
goods shipped out for parts beyond the feas, have not been fufficient to
put a stop to the fraudulent relanding fuch goods, to the prejudice of
the revenue and the fair traders; be it therefore enacted by the
authority aforefaid, That from and after the five and twentieth After 25
March 1719,
feited.
day of March one thouſand feven hundred and nineteen, if any goods prohi
fuch goods fhall be unſhipped, or put on fhore (unless in cafe Bited to be
of diſtreſs to ſave the fhip from perishing, or in the prefence of worn here, and
an officer of the cuftoms) the faid goods thall be forfeited; and foreign goods,
if the maſter, purfer, or other perfon, taking care of any fhip relanded, for-
wherein the faid goods fhall be laden, fhall fuffer or permit any Penalty on
of the faid goods to be landed or unfhipped (unlefs as aforefaid) maiter or pur
the faid mafter, purfer, or other perfon, taking care of fuch fer.
fhip, thall forfeit the value of fuch goods fo unthipped or land- For the conti-
nuance of this
ed; and the perſon or perſons to whofe hands or poffeffion the
claufe, fee
faid goods fhall come, after the unfhipping or landing thereof,, Geo. 1. c. 8.
he or they knowing the fame to be fo unfhipped, fhall forfeit feet. 8. &
double the value of the ſaid goods, unleſs he or they fhall make 2 Geo.z. c. 18,
diſcovery thereof to the principal officers of the cultoms in fix
days after the faid goods thall fo come to his or their hands;
provided the faid goods fhall not have been feized by, or in-
formation given thereof to any officer of the cuftoms before
fuch difcovery.
D 2
VII. And
fest. 3.
36
[1718.
Anno quinto GEORGII I. c. 11.
Penalty on
mafter, &c.
package of
fuch goods to
be opened on
board, with
out leave.
VII. And whereas the perfons concerned in carrying on the faid
periniting the fraudulent practices do frequently cause the package of fuch goods to be
opened on board the ship, during the time fhe continues in port, where-
by they have a better opportunity to reland the faid goods: for the
prevention whereof, be it further enacted by the authority afore-
faid, That if the package of any fuch goods fhall, with the pri-
vity or confent of the mafter, purfer, or other perfons taking
care of ſuch ſhip or veffel, be opened on board any ſhip or veſ-
fel, or put into other form or package, during the time the faid
ſhip or veſſel remains in port, without leave of one or more
of the principal officers of the port, the ſaid maſter, purſer, or
other perfon, taking care of fuch fhip or veffel, ſhall forfeit one
hundred pounds; and if the ſaid maſter, purfer, or other per-
fon, taking care of fuch fhip or veffel, fhall permit or fuffer
of the faid goods to be unfhipped or landed, or the package of
any fuch goods to be opened, or put into any other form, with-
out leave, as aforesaid, then fuch mafter, purfer, or other per-
fon fhall alfo fuffer fix months impriſonment, without bail or
mainprize.
For the conti-
nuance of this
clauf, fee
9 Geo. I. c. 8,
1. 8. & 2 Geo.
2. c. 28. f. 3.
riy in treble
the value of
the goods.
For the conti-
nuance of this
clauje, jee
9 Geo.1. c.8.
1. 8. & 2 Geo,
2. c. 28. f. 3.
any
Ships of 50
VIII. And whereas divers ſhips and veſſels of the burthen of fifty
tons,or under, tons, or under, laden with coffee, tea, cocoa-nuts, French wrought
the coafts, off-filks, Eaft India goods prohibited to be worn in this kingdom, pep-
cers may enter per, and other spices, brandy, fpirits, and other cuftomable and pro-
and take an hibited goods, pretending to be bound for foreign parts, do frequently
account of the lie hovering on the coafts of this kingdom, with intention to run the
lading, and
the fame privately on fhore as opportunity offers, to the great dimi-
demand fecu-
nution and lofs of the revenue, and ruin of fair traders; and by rea-
fon of the faid veffels fo hovering, frequent opportunities are found for
carrying on the clandeftine trade of exporting wool, and other Staple
commodities of this kingdom prohibited to be transported: for the bet-
ter preventing whereof, be it declared and enacted by the autho-
rity aforefaid, That from and after the five and twentieth day
of March one thouſand ſeven hundred and nineteen, where any
thip or veffel of the burthen of fifty tons, or under, laden with
cuftomable or prohibited goods, ſhall be found hovering on the
coaſts of this kingdom, within the limits of any port, and not
proceeding on her voyage for foreign parts, or to fome other
port of this kingdom, wind and weather permitting, it ſhall and
may be lawful to and for any officer or officers of his Majeſty's
cuſtoms to go on board every ſuch ſhip or veffel, and to take an
account of the lading, and to demand and take ſecurity from.
the mafter or other perfon having or taking the charge or com-
mand of ſuch ſhip or veffel in that voyage, by his own bond by
him to be entred into unto his Majefty, his heirs and fucceffors,
in fuch fum or fums of money as fhall be treble the value of
fuch foreign goods then on board, with condition, That fuch
ſhip or veffel (as foon as wind and weather, and the ftate and
condition of fuch thip or veffel doth permit) fhall and will pro-
ceed regularly on fuch voyage, and ſhall land fuch foreign goods
in and at fome foreign port or ports; and if fuch mafter or other
refuling to en- perfon having or taking the charge or command of ſuch ſhip or
Mafter, &c.
ter into bond.
vefich
1718.]
37
Anno quinto GEORGII I. C. 11.
veffel, fhall upon fuch demand refufe to enter into fuch bond,
or having entred into fuch bond, fhall not depart or proceed
regularly on fuch voyage (as foon as wind, weather, and the
ſtate and condition of fuch fhip or veffel fhall permit) unleſs
otherwiſe ſuffered to make a longer ftay by the collector (or
other principal officer in his abfence, of fuch port where fuch
ſhip or veſſel ſhall be, not exceeding twenty days) then and in
either of the faid cafes, all the foreign goods fo on board fuch The foreign
ſhip or veffel, fhall and may, by any officer or officers of the goods may be
cuftoms, by direction of the collector or other principal officer, taken out of
as aforefaid, be taken out of and from fuch fhip or veffel, and fecured, and
forthwith brought on fhore and fecured; and in cafe the faid cuftom paid.
goods are cuftomable, the cuftoms and other duties fhall be paid
the ship, and
ed.
for the fame; and as concerning wool or any prohibited goods, And wool or
or other goods liable to forfeiture, which may be found on board prohibited
ſuch ſhips or veffels at the time of their unlading, as aforefaid, goods forfeit.
the fame are hereby declared to be fubject to forfeiture, and the
officers of the cuſtoms ſhall and may profecute the fame, as alfo
the ſhip or veffel, in cafe fhe fhall be liable to condemnation, as
in the manner herein after mentioned.
be delivered
up.
IX. Provided always, That after fuch goods are fo taken out Such goods
of ſuch ſhip or veffel, and brought on fhore and fecured by fuch brought on
officer or officers, fuch bonds fo to be given, as aforefaid, thall hore, bond to
be void and delivered up without any fee or reward for taking
or delivering up the fame; and fuch bond not being otherwife
difcharged, ſhall on a proper certificate returned under the com- How bonds
not otherwife
mon feal of the chief magiftrate in any place or places beyond difcharged,
the feas, or under the hands and feals of two known British (hall be va-
merchants upon the place that fuch goods were there landed, or cated.
upon proof by credible perfons, that fuch goods were taken by
enemies or perifhed in the feas (the examination and proof
thereof being left to the judgment of the commiffioners of the
cuſtoms) fhall be vacated and difcharged.
fome bale con-
X. And whereas altering the package of coffee for exportation hath Coffee to be
been found to be prejudicial to his Majefty's customs: be it therefore exported in
enacted by the authority aforefaid, That from and after the five the original
and twentieth day of March one thouſand ſeven hundred and bale, or in
nineteen, no coffee fhall be exported but fuch only as fhall be taining the
contained in the original bale or package, or in fome bale or fame quantity,
package containing the fame quantity therein, or in fome bale or not leſs
or package containing not lefs than four hundred weight, and than 400 lb.
the fame marks and numbers thereon with which it was firſt en- For the conti-
tred at his Majeſty's custom-houfe; excepting only fuch coffee nuance of this
as fhall be exported to his Majefty's plantations or Ireland.
clauſe, jee
&c.
1. 8. & 2 Geo.
1.8.
XI. Provided, and be it further enacted, That fo much of? Geo. 1. c. 8.
this act as relates to the importation of foreign brandy, arrack, 2. c. 28. f. 3.
rum, ftrong-waters or fpirits, in any fhip, veffel or boat, under Continuation
the burthen of fifteen ton; and fo much of this act as relates to of the feveral
fuch foreign goods, wares and merchandizes, as fhall be taken parts of this
in at fea, and out of any fhip or veffel, in order to be landed or Farther conti-
put into any other thip, veffel or boat; and fo much of this act mued by 20
as Geo. 2. c. 47.
D3
act.
38
[1718
Anno quinto GEORGII I. c. 11.
parts.
Penalty.
as relates to goods not reported, and found after clearing ſhips;
and fo much of this act as provides further remedies against re-
landing goods prohibited to be worn in this kingdom, and fo-
reign goods fhipped out for parts beyond the feas; and fo much
of this act as relates to the opening or altering the package of
goods on board fhips outward bound; and fo much of this act
as relates to hovering fhips or veffels of the burthen of fifty tons,
or under; and fo much of this act as concerns the bales or pack-
age in which coffee fhall be exported; fhall continue and be in
force for three years, from the five and twentieth day of March
one thouſand feven hundred and nineteen, and from thence to
the end of the then next feffion of parliament, and no longer :
and ſo much of this act as relates to rum imported in casks or
veffels not containing twenty gallons at the leaft, fhall continue
and be in force from the nine and twentieth day of September
one thouſand ſeven hundred and nineteen, for three years, and
from thence to the end of the then next feffion of parliament,
and no longer; and fo much of this act as relates to certificaté
goods entred in order to be exported for Ireland, fhall continue
and be in force for three years from the first day of May one
thouſand ſeven hundred and nineteen, and from thence to the
end of the then next feffion of parliament, and no longer.
XII. And whereas great quantities of wrought filks, bengals, and
fluffs mixed with filk and herba, as alfo muflins, and other callicoes,
of the manufacture of Perfia, China, or Eaſt-India, are, notwith-
ftanding the laws already made to the contrary, frequently imported
from foreign parts, and landed in Ireland, to the prejudice of fair
traders: for the better preventing the fame for the future, be it
declared and enacted by the authority aforefaid, That none of
the before mentioned goods fhall, from and after the first day
After 1 May of May one thouſand feven hundred and nineteen, be imported
1719. no Eaft- into the faid kingdom of Ireland, from any place or places whatfo-
India goods to
be imported ever, contrary to the true intent and meaning of this and the
into Ireland former acts (other than from Great Britain) under the penalty
from foreign and forfeiture of all fuch of the aforefaid goods fo imported, or
the value thereof, as alfo of the fhip or veffel importing the
fame, with all her guns, furniture, ammunition, tackle and ap-
parel; one moiety to his Majefty, his heirs and fucceffors, and
the other moiety to him or them that fhall feize, inform or fue
for the fame, in any of his Majefty's courts of record in Dub-
lin, in the ſaid kingdom of Ireland; and if any officer or officers
of the cuftoms in Ireland fhall willingly or knowingly connive at
the fraudulent importation of any of the goods afore-mention-
ed, contrary to the true meaning hereof, or if any fuch officer
or officers thall take upon him or them to feize any of the faid
goods, and fhall by fraud or collufion defift or delay the profes
cution thereof to condemnation, he or they fo conniving, defift-
ing or delaying, fhall forfeit and loſe the fum of five hundred
pounds, to be fued for and divided in the manner aforefaid; and
fuch officer or officers fhall alſo be incapable of holding any
of-
Penalty on of-
ficer conniv
ing, &c.
fice
1718.]
39
Anno quinto GEORGII I. C. 11.
fice or employment under his Majefty, his heirs and fuc-
ceffors.
XIII. And whereas an act was made in the twelfth year of the late 12 Ann. ftat.2.
Queen, intituled, An act for the preferving all fuch fhips and goods c. 18.
thereof, which ſhall happen to be forced on fhore or ftranded
upon the coafts of this kingdom, or any other of her Majeſty's
dominions; wherein is recited (among other things) That many hips
of trade, after all their dangers at fea efcaped, have unfortunately
near home run on fhore or been stranded on the coafts thereof, and been
barbarcufly plundered by his Majesty's fubjects, and their cargoes im-
bezilled; and when any part has been faved, it has been fwallowed
up by the exorbitant demands for falvage, to the great lofs of his Ma-
jefty's revenue and damage of his Majefty's trading fubjects; and there-
fore it is by the faid act (among other things) enacted, That ſuch ſhips,
veffels or goods fo to be faved, as therein is mentioned, fhall remain in
the cuftody of the officer of the customs or his deputy for the purposes of
the faid act; and if fuch goods fhall not be legally claimed by the right-
ful owner within the time therein limited, that then publick fale fhall
be made thereof (and if perishable goods, forthwith to be fold) and af-
ter all charges deducted, the refidue of the monies arifing by fuch fale,
with a fair and just account of the whole, fhall be tranfmitted to his
Majesty's exchequer, there to remain for the benefit of the owner;
which act was made perpetual by another act of the fourth year of his 4 Geo.1. c.12.
Majefty's reign made in that behalf: and whereas from the want of
exprefs words whereby to ſubject ſtranded goods fo faved to the pay-
ment of customs and other duties, a doubt has arisen, whether fuch
goods are liable to pay the fame, to the great loss of his Majesty's re-
venue and contrary to the true intent and meaning of the faid acts;
be it therefore enacted and declared by the authority aforefaid,
That all goods, wares and merchandizes, which from and af- Goods faved
ter the five and twentieth day of March one thouſand ſeven hun- out of any
fti anded fhip,
dred and nineteen ſhall be falved out of any ſhip or veffel that after falvage
ſhall happen to be forced on fhore or ftranded upon the coafts and charges
of this kingdom (not being wrecked goods, or Fetſham, Flot- paid, liable to
fham or Lagan) fhall, after charges of falvage and other charges customs, &c,
paid as aforefaid, be fubject and liable to the payments of the
like cuftoms and other duties, with fuch drawbacks upon ex-
portation, and the like allowances and abatements, as fuch
goods, wares or merchandizes would, by any law or laws now
in force, be liable unto and entitled to have, in cafe the fame
were regularly imported; any thing in the aforesaid acts or any
other act to the contrary notwithſtanding.
I
Seff. I. c. 320
C.
XIV. And whereas in the preamble of the act made in the first 1 W. & M.
year of King William and Queen Mary, for the better preventing the
exportation of wool and encouraging the woollen manufactures of this
kingdom, wool, wool-fells, mortlings, fhortlings, yarn made of wool,
wool-flocks, fuller's-earth, fulling-clay and tobacco-pipe-clay, are enume-
rated; but in the enacting part thereof, which relates to the carrying
wool coaftwife, wool only is mentioned, and the other enumerated goods
left out, whereby frequent opportunities are given for the exportation
of them, contrary to the true intent and meaning of the faid act: it
D 4
is
40
[17187
Anno quinto GEORGII I. c.
C. II.
is therefore hereby enacted by the authority aforesaid, That from
Provifions for and after the five and twentieth day of March one thouſand ſe-
preventing the ven hundred and nineteen the like provifion made for prevent-
exportation of
wool, to ex- ing the exportation of wool in and by the act before-mentioned,
tend to wool- is hereby directed and appointed to extend to wool-fells, mort-
fells, mort-
lings, fhortlings, yarn made of wool, wool-flocks, fullers-earth,
fulling-clay and tobacco-pipe-clay aforefaid, carried coaſtwife;
any thing in the ſaid act or in any other act to the contrary not-
withſtanding.
lings, &c.
I
&c. unmark-
XV. And whereas great quantities of filks, callicoes, linens or
fluffs, printed, painted, ſtained or died, in Great Britain, are ex-
pojed to fale without having a mark or ſtamp to denote the payment of
the duties: and whereas fuch as have been ſo marked or stamped are
frequently shipped off in order to be exported into parts beyond the feas,
whereby the perfon or perfons exporting the faid goods are entitled to
a great drawback; and it hath been found by experience, that great
quantities of fuch goods, after they have been shipped for exportation,
have been privately relanded in this realm; and the remedies already
provided by law have not been fufficient to obviate a practice fo pre-
judicial to his Majefty and all fair and honeft traders in fuch goods:
be it enacted by the authority aforefaid, That from and after the
After May first day of May one thoufand feven hundred and nineteen, dur-
1719, painted ing the continuance of the faid duties, in cafe any filks, calli-
filks, callicoes, coes, linens or ftuffs, printed, painted, ftained or died, in
ed, forfeited, Great Britain, fhall be found in any place whatfoever, on land
or water, without being marked or fealed with a ſtamp or feal,
denoting, That the duties have been duly paid or charged (ex-
cept on board fuch fhips or veffels on which fuch goods have
been ſhipped for exportation) the fame fhall be forfeited, and fhall
and may be ſeized by any officer of the cuftoms or excife; and
the perfon or perfons in whofe cuftody or poffeffion the goods fo
feized fhall be found, fhall for every fuch offence forfeit the fum
of fifty pounds; one moiety of which forfeitures and penalties
fhall be to his Majefty, his heirs and fucceffors, and the other
moiety to him or them that ſhall ſeize, inform or fue for the
fame in his Majefty's courts of record at Westminster, or in the
court of exchequer in Scotland, wherein no protection or wager
of law ſhall be allowed: provided always, That the goods fo
recovered ſhall not be delivered out of the cuſtom-houſe ware-
houſe, until the ſame ſhall be marked or ſealed with a proper
mark or ſtamp, to be provided by the commiffioners of the cu-
ftoms for that purpoſe: and they are hereby directed and au-
thorized to provide the fame, and to cauſe the ſaid goods to be
ftamped therewith accordingly; any law to the contrary not-
withſtanding.
Penalty on
-poffeffor.
3 & 4 Ann.
C. 10.
XVI. And whereas in and by an act made in the third and fourth
years of her late Majefty's reign, intituled, An act for encouraging
the importation of naval ftores from her Majeſty's plantations in
America, it was amongst other things declared and enacted, That eve-
ry perſon or persons who should import or cauſe to be imported tar or
pitch into this kingdom, directly from any of his Majesty's plantations
1718.]
41
Anno quinto GEORGII I. C.11.
ស
in America, within the time therein mentioned, he or they fo import-
ing the fame ſhould have and enjoy a reward or premium of four pounds
for every ton containing eight (a) barrels, and each barrel gauging (a) Eighty in
thirty one gallons and one half of good and merchantable tar; and the the record.
like reward or premium for every ton of good and merchantable pitch,
each ton containing twenty grofs hundreds (nett pitch) to be brought
in eight barrels ; and by another act made in the twelfth year of the
reign of her faid late Majefty, intituled, An act for continuing an 12 Ann. ſtat.1.
act made in the third and fourth years of the reign of her prefent c. 9.
Majefty, intituled, An act for encouraging the importation of naval
ftores from her Majesty's plantations in America; and for the en-
couraging the importation of naval ftores from that part of Great
Britain called Scotland to that part of Great Britain called Eng-
land, the firft-mentioned act, and every part thereof, is continued from
the time of the expiration of the fame for and during the term of ele-
ven years, and from thence to the end of the next feffion of parliament:
and it is thereby enacted, That the like rewards or premiums fhall be
allowed on the importation of good and merchantable tar and pitch from
North-Britain into any part of South-Britain, in fuch manner as is
therein mentioned: and whereas complaints have been made by the com-
miffioners or principal officers of his Majesty's navy, that tar brought
from the faid plantations is frequently mixed with drofs or water, and
that dirt or drofs is often found in the pitch, whereby the fame are
unfit for the fervice of his Majesty's navy: be it therefore declared
and enacted by the authority aforefaid, That from and after the
twenty ninth day of September one thouſand ſeven hundred and After 29 Sept.
nineteen no certificate (hall be made out in order to allow the 1719, no certi-
premium or reward for any ſuch pitch, until the fame be freed ficate to be
from dirt or drofs, or for any fuch tar that is not fitting to be pitch or tar
ufed for making cordage, and that ſhall not be freed from drofs till freed from
and water, and unleſs ſuch pitch and tar be clean, good, mer- drofs, &c.
chantable and well-conditioned.
made out for
XVII. And whereas by the faid last-mentioned acts the perfon or
perfons importing fuch pitch and tar are entitled to the faid premium
or reward, upon a certificate from the officers of the customs where
fuch pitch and tar is imported: and whereas the faid officers have not
fufficient authority by the faid acts to examine the faid pitch and tar
fo ftrictly as they ought to do, to enable them in judgment to certify
whether the fame is good and merchantable: be it therefore enacted
by the authority aforefaid, That it fhall and may be lawful for
the officers of the cuftoms, before they make any fuch certifi- Officers of the
cate, to examine the faid pitch by opening the heads of the bar- customs, be-
rels wherein it is imported, fawing of the ftaves in the middle fore they
and breaking the barrel, or fo many of them as they find fuffi- tificate, to ex-
cient to make a proof, or by fuch other means as they fhall amine the
think proper, to find out and difcover whether the faid pitch is pitch and tar.
good and merchantable, not mixed with dirt or drofs; and alfo For the conti-
it fhall and may be lawful to and for the faid officers to examine and the follow-
nuance of this
and ſearch the faid tar, to find out and difcover whether the ing jection,
fame is clean, good, merchantable, well conditioned and clear fee 2 Geo.
of drofs or water, and fit for making cordage.
2. c. 35.fect. 10.
XVIII, And
make fuch cer-
42
[1718.
Anno quinto GEORGII I. c.11.
No fee for ex-
XVIII. And be it further enacted by the authority aforefaid,
amining, &c. That no fee, gratuity or reward fhall be demanded, taken or
received by any officers of the cuſtoms for the examining, view-
ing or delivering fuch pitch, tar or other naval ftores, with re-
ſpect to the premium or reward allowed by the acts afore-men-
tioned, or for the making or figning a certificate in order to
Penalty on of the receiving fuch premium or reward, under the penalty of the
ficer.
lofs of his office; and fuch officer fhall be alfo incapable of ferv-
ing his Majefty, his heirs and fucceffors, and fhall forfeit the
ſum of one hundred pounds to fuch perſon or perfons as will
inform and fue for the fame, by action of debt or of the cafe,
bill, fuit or information in any of his Majefty's courts of record
at Westminster, wherein no effoin, protection, wager of law or
more than one imparlance ſhall be granted or allowed.
A&t 22 & 23
Car. 2. c. 26.
to have con-
tinuance dur-
ing fuch time
as the act of
tonnage and
poundage.
11 & 12 W. 3.
C. 13.
XIX. And whereas an act made in the twenty-fecond year of the
reign of King Charles the Second, intituled, An act to prevent the
planting of tobacco in England, and regulating the plantation-
trade, was by feveral fubfequent acts continued, and by an act made
in the eleventh year of the reign of King William the Third, was to
have continuance for the space of ſeven years from the twenty ninth
day of September one thousand feven hundred, and from thence to the
end of the then next feffion of parliament, which act has been by expe-
rience found beneficial to the trade of this kingdom and the dominions
and plantations thereto belonging: but ſome doubt hath arifen, whe-
ther the fame bath had continuance by the acts for continuing the acts
of tonnage and poundage: for obviating which doubt, be it hereby
declared and enacted by the authority aforefaid, That the faid
act of the twenty fecond year of the reign of King Charles the
Second, and every clauſe therein contained, hath and ſhall have
continuance for and during ſuch time as the act of tonnage and
32 Car.2.c.4. poundage, made in the twelfth year of the reign of the faid King
Charles the Second, is continued and no longer.
XX. And whereas the governor and company of merchants of Great
Britain trading to the South-Seas and other parts of America and
for encouraging the fishery did provide and ſhip on board their annual
Ship, The Royal George, John Davifon, commander, for the Spa-
nith Weft-Indies, a valuable cargo of goods purſuant to the affiento
treaty and the late convention between their Britannick and Catholick
Majefties; which ship could not proceed on her intended voyage by rea-
Son of the King of Spain's fufpending her departure and not granting
the neceffary dispatches: and whereas the faid governor and company
(in order to make the faid cargo affortable) were obliged to import and
buy feveral goods from foreign parts, the customs and duties payable
thereon at importation being paid; which foreign goods were entred
and ſhipped out at the custom-house on board their ſaid ſhip in time,
by which they are entitled to a drawback payable out of his Majefty's
customs, on the exportation of the faid goods; but the faid fhip be-
ing hindred from proceeding on her intended voyage as aforefaid, and
it being abfolutely necessary, for the prefervation of the faid ship and
cargo, that all the goods now on board should be relanded: be it en-
acted by the authority aforefaid, That it fhall and may be law-
2
ful
1718.]
43
Anno quinto GEORGII I. C. 11.
4
into warehou-
ful to and for the faid governor and company of merchants of
Great Britain trading to the South-Seas and other parts of Ameri- South-fea
ca, and for encouraging the fifhery, to reland or cauſe to be re- company may
landed, in the prefence of the proper officer or officers of the cu- reland and put
ftoms, the faid foreign goods fo thipped as aforefaid; and fuch fes the foreign
goods fo relanded are to be put into a proper warehouſe or ware- goods in the
houfes (to be provided by and at the charge of the faid compa- Royal George,
ny) and there kept under the King's and the company's locks,
the company or their fervants or agents having free acceſs to
the faid warehoufe or warehoufes at all reaſonable times; and
the faid officers are hereby directed to give their attendance at
fuch times, when required; and for fecuring to the faid gover- and on reſhip-
nor and company the benefit of the drawback on the faid foreign ping entitled
goods, notwithſtanding their relanding the fame, the proper of- to a drawback
ficers of his Majefty's cuſtoms are hereby directed and impow-
ered (on the faid governor and company's refhipping and ex-
porting the faid foreign goods on the fame or any other fhip or
Thips) to make out a debenture or debentures for allowing and
paying to the faid governor and company the fame drawback
they would have been entitled unto, in cafe their faid fhip, The
Royal George, had proceeded on her faid intended voyage and
the faid foreign goods had not been relanded; any law, cuftom
or ufage to the contrary in any wife notwithſtanding.
XXI, And whereas by an act of parliament made in the tenth year Recital of
of the reign of his late majesty King William the Third, intituled, 10 & 11 W. 39
An act to prevent the exportation of wool out of the kingdoms c. 10.
of Ireland and England into foreign parts, and for the encourage-
ment of the woollen manufactures in the kingdom of England,
it was enacted, That no perſon or perſons whatſoever, from and after
the four and twentieth day of June in the year of our Lord one thou-
fand fix hundred ninety nine, should directly or indirectly export,
tranfport, fhip off, carry or convey, or caufe or procure to be export-
ed, tranfported, fhipped off, carried or conveyed out of or from the
Said kingdom of Ireland into any foreign realm, ftates or dominions,
or into any parts or places whatsoever, other than the parts within
the kingdom of England or the dominion of Wales, any the wool,
wool-fells, fhortlings, mortlings, wool-flocks, worſted, bay or wool-
len yarn, cloth, ferge, bays, kerfeys, fays, frizes, druggets, cloth-
ferges, fhalloons, or any other drapery stuffs or woollen manufactures
whatfocver, made up or mixt with wool or wool-flocks, or ſhould di-
rectly or indirectly load or caufe to be loaden upon any horſe, cart or
other carriage, or load or lay on board or cauſe to be laden or laid on
board in any ship or veſſel in any place or part within or belonging to
the faid kingdom of Ireland, any fuch wool or other the matters a-
forefaid, to the intent or purpoſe to export, transport, ship off, car-
ry or convey the fame, or cauſe the fame to be exported, tranfported,
Shipped off, carried or conveyed out of the faid kingdom of Ireland,
or out of any port or place belonging to the fame, or with intent or
purpose that any person or perfons what foever Jhould fo export, tranf-
port, fhip off, carry or convey the fame out of the ſaid kingdom of
Ireland into any ports or places (except as aforefaid) upon pain of
for-
44
Anno quinto GEORGII I. C. 11. [1718.
After 24 June
1719, wool
laid on fhore
near the fea
to be convey-
ed out of Ire-
land into fo-
reign parts,
forfeited.
1 Geo.1. ftat.z.
C: 46.
forfeiting the faid wool and other matters aforefaid fo exported,
tranfported, hipped off or carried, conveyed or loaden contrary to
the true intent and meaning of that act, and under other the penal-
ties therein mentioned: and whereas it is further enacted by the faid
act, That it should and might be lawful to and for any perſon or per-
fons to feize, take, fecure and convey to his Majesty's next ware-
houfe all fuch wool and other the matters aforesaid, as he or they
Should happen to fee, find, know or difcover to be laid on board in
any ship, veffel or boat, or to be brought, carried or laid on fhore at
or near the fea or any navigable river or water, to the intent or pur-
pofe to be exported or conveyed out of the faid kingdom of Ireland con-
trary to the true meaning of that act; and that ſuch perſon or per-
fons who should happen fo to feize, take or fecure any of the commo-
dities aforefaid, fhould be indemnified for fo doing to all intents and
purposes: but it is not provided by the faid act, That the faid wool
and other the commodities aforesaid, which should be brought, carri-
ed or laid on fhore at or near the fea or any navigable river or water,
to the intent or purpoſe to be exported or conveyed out of the faid
kingdom of Ireland contrary to the meaning of that all, should be for-
feited: for remedy whereof, be it enacted by the authority a-
forefaid, That from and after the four and twentieth day of
June in the year of our Lord one thouſand ſeven hundred and
nineteen all fuch wool and other the commodities aforefaid,
which ſhall be brought, carried or laid on ſhore at or near the
fea or any navigable river or water, to the intent or purpoſe to
be exported or conveyed out of the faid kingdom of Ireland con-
trary to the true meaning of that act, fhall be forfeited, and the
offender and offenders therein ſhall be ſubject and liable to the
like forfeitures, pains and penalties, as perfons by that act are
fubject unto for exporting, tranſporting or fhipping of wool or
other the commodities aforefaid, contrary to the true intent and
meaning of that act; and that fuch forfeitures, pains and penal-
ties fhall be recovered and diftributed as other the pains, penal-
nalties and forfeitures in that act are by any law now in force to
be recovered and diftributed,
XXII. And whereas an act paſſed in the first year of the reign
of his prefent Majefty, intituled, An act to prevent the miſchiefs
by manufacturing leaves or other things to reſemble tobacco, and
the abuſes in making and mixing of fnuff; and whereas the pro-
vifions made by the faid act, fo far as relates to fnuff, have proved
ineffectual by reafon of fome doubts which have arifen, whether the
powers granted by the faid act to prevent the mischiefs by manufac-
turing leaves or other things to refemble tobacco can be extended to
fuch perfons which shall commit abufes in making and mixing of fnuff:
be it therefore enacted by the authority aforefaid, That the faid
All theclaufes recited act made in the firſt year of the reign of his preſent Ma- .
jeſty, and all the claufes, rules, directions, powers, matters and
lating to fnuff, things therein contained, fhall extend and be in full force againſt
to extend to any perſon or perfons who ſhall, after the five and twentieth day
okers, umber of March one thouſand feven hundred and nineteen, make, mix
or other co- or colour, or fhall caufe to be made, mixed or coloured, any
in the act
1 Geo. 1. re-
fort
1718.]
45
Anno quinto GEORGII I. C: 11.
mixt with
ty
ſort of ſnuff with any fort of oakers, umber or any other kind of louring, fu
colouring (except water tinged with Venetian red only) or fhall ftick, &c.
mix or cauſe to be mixed with any fort of fnuff, fuftick or yel- fuff.
low ebony, touchwood or any other fort of wood, or any dirt,
fand or ſmall tobacco fifted from tobacco, commonly called or
known by the name of tobacco-duft, as if the faid recited act,
and all the clauſes, rules, directions, matters and things there-
in contained, had been re-enacted in the body of this prefent
act against the offender or offenders in making, mixing and co-
louring of ſnuff as aforefaid; any law, ftatute, matter or thing
to the contrary notwithſtanding.
Roaſters of
XXIII. And whereas divers evil-difpofed perfons have at the time,
or foon after the roasting of coffee, made ufe of water, greaſe, but-
ter, or fuch like materials, whereby the fame is rendred univholfome,
and grealy increaſed in weight,, to the prejudice of his Majesty's re-
venue, the health of his fubjects, and to the loss of all honest and
fair dealers in that commodity: for the prevention whereof, be it
enacted by the authority aforefaid, That from and after the five
and twentieth day of March one thouſand feven hundred and
nineteen, if any perfon or perfons whatſoever fhall, at the roaft- coffee making
ing of any coffee, or before or at any time afterwards, make uſe of uſe of water,
water, greafe, butter, or any other material whatſoever, which greafe, butter,
will increaſe the weight, or damnify and prejudice the faid coffee
in its goodneſs, he, the or they ſhall forfeit the ſum of twenty
pounds for every fuch offence; and if any trader or dealer in The fame pe-
coffee fhall knowingly buy or fell any fuch coffee, he, fhe or nalty on trad-
they ſhall forfeit the fum of twenty pounds for every fuch offence, ers in coffee.
one moiety whereof to his Majefty, and the other moiety to him
or them who will fue for the fame.
&c. to forfeit
201.
XXIV. And whereas by reafon of the great duties which are pay-
able on feveral foreign goods and merchandizes, fraudulent practices
and combinations may be carried on between the importers and own-
ers of fuch goods, by themselves or their agents, and the officers of
the revenue, in purſuance whereof fuch goods are feized, and after
condemnation on payment of the King's share of the value at which
the fame fhall be appraised (which value is very often less than the
duties) fuch goods are returned to the importers and owners, or
their agents, upon their giving a moderate gratification to the officer,
according to the agreement made, whereby his Majesty may be great-
ly defrauded of his duties: for prevention whereof, be it enacted
by the authority aforefaid, That if any officer of the revenue Penalty on of-
fhall directly or indirectly make any collufive feizure of foreign ficer making
goods, to the intent that the fame may eſcape payment of the collufive fei
zure.
duties, he fhall not only forfeit the fum of five hundred pounds, Farther provi-
but be incapable of ferving his Majefty in any office or employ- fions relating
ment in the revenue; as alfo the importer and owner of the goods hereto 12 Geo.
fo collufively feifed, fhall forfeit treble the value thereof; one 1. c.28. fect.1.
moiety of which penalties and forfeitures ſhall be to his Maje-
fty, his heirs and fucceffors, and the other moiety to him or
them who ſhall inform or fue for the fame by action of debt, bill,
plaint or information in any of his Majefty's courts of record at
West-
46
[1718:
Anno quinto GEORGÍI I. C. 127
Officer or im-
porter difco-
vering his ac-
complices in
two months,
acquitted.
Reward for
any other dif-
covering in
three months.
Diftribution
Westminster, or in the court of exchequer in Scotland, wherein
no effoin, protection or wager of law, or any more than one
imparlance ſhall be allowed.
XXV. Provided nevertheleſs, That if the officer or importer
and owner of the goods fhall difcover fuch his offence to the
commiffioners of the customs in England or Scotland reſpectively,
within two months after the fame fhall have been committed, fo
as his accomplice or accomplices in fuch collufive feizure be con-
victed thereof, the offender fo difcovering fhall be clearly ac-
quitted and diſcharged of fuch his offence.
XXVI. And be it further enacted by the authority aforesaid,
That if any perſon, other than the officer of the revenue mak-
ing fuch collufive feizure, or the importer and owner of the
goods ſo ſeized, fhall within three months after fuch feizure,
diſcover to the commiffioners of the cuftoms in England or
Scotland refpectively, any perfon or perfons who fhall have been
guilty of ſuch fraud, fo as fuch perfon or perfons be convicted
thereof, the perfon fo difcovering fhall receive to his own uſe one
half part of his Majefty's thare of what fhall be recovered on the
conviction of fuch offender or offenders.
XXVII. And be it further enacted by the authority aforeſaid,
of forfeitures. That in all cafes, touching which no ſpecial diſtribution is pro-
vided by this act, one moiety of the feveral penalties and for-
feitures in this act mentioned fhall be to the ufe of his Majefty,
his heirs and fucceffors; and the other moiety to fuch perfon or
perfons as fhall fue for and profecute the fame by bill, plaint or
information in any of his Majefty's courts of record at Westmin-
fter or in the court of exchequer in Scotland, (except where it is
in this act otherwife directed) wherein no effoin, protection or
wager of law ſhall be allowed.
CAP. XII.
An act for making more effectual the feveral acts past for re-
pairing and amending the highways of this kingdom.
WHEREAS divers acts of parliament have been made for
the better repairing and amending the highways within this
kingdom, and for the preventing carriers and waggoners from carry-
ing exceffive burdens, which have hitherto proved wholly ineffectual,
and the great roads have from time to time become more ruinous,
(notwithstanding the expence travellers are put to at the feveral turn-
pikes) to the great decay of the trade and commerce of this realm: for
remedy whereof, be it enacted by the King's moſt excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
and temporal and commons, in this prefent parliament affem-
bled, and by the authority of the fame, That from and after the
After June 24, four and twentieth day of June in the year of our Lord one
1719, no wag- thouſand feven hundred and nineteen no waggon travelling for
gon travelling
for hire fhall hire fhall go or be drawn with more than fix horfes, either at
be drawn with length, or in pairs or fideways; and that from and after the faid
more than fix four and twentieth day of June no cart travelling for hire fhall
horfes, nor go or be drawn with more than three horfes, under the pains,
cart with more
penal-
1718.]
47
Anno quinto GEORGII I. c. 12.
A
penalties and forfeitures herein after-mentioned, (that is to ſay) than three, cn
That if any travelling waggon for hire fhall, from and after the penalty of for-
ſaid four and twentieth day of June, go or be drawn with more feizor all the
feiting to the
than fix horſes, that the owner or driver of fuch waggon for hire horfes above
ſhall forfeit and lofe all the horſes above fix in a waggon, with that number,
all geers, bridles, halters and accoutrements, to the fole ufe and with all geers,
bridles, &c.
benefit of any perfon or perfons who fhall feize or diftrain the Altered 16Geo.
fame; and if any cart travelling or carrying for hire fhall, at z. c. 29.
any time from and after the faid four and twentieth day of June, 26Geo.2.c.30.
go, travel or be drawn with more than three horſes, that the
owner or driver of fuch cart ſo travelling for hire fall forfeit
and lofe all the horfes above three, with all geers, bridles, hal-
ters and accoutrements, to the fole uſe and benefit of any per-
fon or perſons who ſhall ſeize or diſtrain the fame.
&c. to the
II. Provided alfo, and it is hereby enacted and declared, That Perfons feiz-
whatever perſon or perfons fhall make any feizure or diftrefs for ing fhall deli-
any of the penalties hereby incurred, fuch perfon or perfons ver the horſes,
fhall deliver the horſe or horfes, or other things fo feized or next con-
diftrained, into the cuftody of the conftable or fome other pa- ftable, &c.
riſh-officer of the fame, next or adjacent town or parish where
fuch diſtreſs or feizure is made, (who are hereby required to re-
ceive into their cuftody and fafely to keep the fame) till the per-
fon or perfons who made fuch diftrefs or feizure, fhall make
proof upon oath before fome juftice of the peace of the offence and make
committed; and the faid juftice or juftices, before whom fuch proof of the
proof is made, are hereby required to iffue their precept to fuch offence before
conſtable or parifh-officer, immediately to deliver the horſe or a juftice, who
fhall iffue a
horfes, or other things fo forfeited, to the party or parties who
ſeized or diſtrained the fame, to and for their fole uſe and be- conftable, &c.
precept to the
nefit, paying fuch reaſonable charge for keeping and fecuring to deliver the
fuch other things, as the ſaid juſtice or juftices fhall allow and horfes, &c. to
direct.
III. And whereas one other great decay of the publick highways or
roads of the kingdom is greatly occafioned by the very narrow fireaks
or tire of late ufed for binding the wheels of travelling waggons for
hire, and fetting on the fame with rofe-headed nails: for preventing
the feizor.
worn, than
two inches
of which, be it enacted, That from and after the nine and twen- After Sept. 29,
tieth day of September one thouſand ſeven hundred and nineteen, 1719. no fuch
no fuch travelling waggon for hire, having the wheels bound waggon hav-
with ſtreaks or tire of a lefs breadth than two inches and a half, bound with
ing the wheels
when worn, or being ſet or faftned on with rofe-headed nails, tire of lefs
fhall go or be drawn with more than three horſes, every fuch breadth, when
owner or driver of any fuch waggon, being fo bound with tire
or ſtreaks of a lefs breadth than two inches and a half, when and half, or
worn, or if of a greater breadth, fuch tire or ftreak fhall be faft- fet on with
ned on with rofe-headed nails, fhall forfeit and lofe all fuch rofe-headed
horſes above the number of three, with all geers, bridles, hal-
nails, thall go
with more
ters and accoutrements, to be feifed, diftrained and applied, in than three
the fame manner, and to and for the fame ufes, as the other horfes, on for-
forfeitures and penalties in this act are applied to and difpofed feiture as a-
of.
IV. And
bove.
48
Arino quinto GEORGII I. c. 12. [1718.
Perfons hin-
fuch feizure,
&c. fhall be
impriſoned
for three
months, with
out bail,
IV. And be it further enacted by the authority aforefaid, That
dering, &c. if any perfon or perfons fhall or do hinder, or with force, or
otherwife, attempt or endeavour to hinder or obftruct the feiz-
ing, diftraining, taking or carrying away of any feizure or di
ſtreſs, or matter or thing feized or diftrained for any the penal-
ties or forfeitures incurred, or to be incurred or forfeited by vir-
tue of this act, or fhall reſcue the fame, or fhall uſe any vio-
lence to the perfon or perfons concerned in making fuch feizure
or diſtreſs, each and every fuch perfon or perfons fhall, upon
due proof made upon oath, by one or more credible witnefs or
witneffes, before one or more juftice or juftices of the peace for
the county wherein fuch offence is done, be committed by fuch
juftice or juftices to the common gaol for the faid county for
three months, there to remain without bail or mainprize; and
fhall alſo lofe and forfeit for every fuch offence the fum of ten
pounds, to be levied and recovered by diftrefs and fale of the
offender's goods and chattels, by virtue of a warrant under the
hand and feal of fuch juſtice and juftices (who is and are hereby
authorized and required to grant the fame ;) and in caſe the ſaid
penalty be not paid within three days after ſuch diſtreſs made,
then it ſhall and may be lawful to and for the perſon or perſons
ſo diſtraining, as aforefaid, to fell the goods and chattels fo di-
ftrained, rendring the overplus to the owner or owners, the
charge of fuch diftraining and felling being firft deducted.
r
and forfeit
10 1.
This act fhall
not extend to
waggons, &c.
employed, in
husbandry,
&c.
V. Provided always, That nothing in this act contained ſhall
extend, or be conſtrued to extend to fuch waggons, wains, carts
or carriages, as are or ſhall be imployed in or about huſbandry,
or manuring of land, and in the carrying of cheeſe, butter, hay,
ftraw, corn unthreſhed, coals, chalk, or any one tree or piece of
See 14 Geo. 2. timber, or any one ſtone or block of marble, carravans, and the
C.42. 15 Geo. covered carriages of noblemen and gentlemen for their own pri-
vate uſe, or ſuch timber, ammunition or artillery, as ſhall be
for the fervice of his Majefty, his heirs and fucceffors.
2. C. 2.
Perfons fued
&c.
VI. And be it further enacted by the authority aforefaid, That
may plead the if any action or actions ſhall, at any time or times hereafter, be
general iffue, profecuted or brought against any perfon or perfons whatſoever,
for any matter or thing which he, the or they fhall do, or caufe
to be done, by virtue or in the execution of this act, that in fuch
cafe the defendant or defendants in every fuch action or actions,
ſhall and may plead the general iffue, and give this act and the
ſpecial matter in evidence on any trial or trials to be hereafter
had in fuch action or actions; and that if the plaintiff or plain-
tiffs in any fuch action or actions thall difcontinue ſuch action or
actions, or become nonfuit, or that judgment fhall be given a-
gainſt him, her or them in fuch action or actions, that then the
and ſhall reco- defendant or defendants in every ſuch action or actions ſhall re-
cover his, her or their full cofts of fuit; any law, cuſtom or
uſage, or any thing in this act contained to the contrary not
withſtanding.
ver their full
cofts.
CAP.
1718.]
49
Anno quinto GEORGII I. C. 13,-15.
CAP XIII.
An alt for the amendment of writs of error; and for the fur-
ther preventing the arrefting or reverfing of judgments after
verdict.
W
the record
HEREAS great delay of justice hath of late years been occa-
fioned by defective writs of error, which as the law now ftands
are not amendable: for remedy thereof, be it enacted by the King's
moft excellent majeſty, by and with the advice and conſent of the
lords fpiritual and temporal and commons, in this prefent parlia-
ment affembled, and by the authority of the fame, That all writs Writs of error
of error, wherein there fhall be any variance from the original re- varying from
cord, or other defect, may and ſhall be amended and made a-
greeable to ſuch record, by the reſpective courts where fuch may be a-
writ or writs of error ſhall be made returnable; and that where
any verdict hath been or fhall be given in any action, fuit, bill, And after ver-
plaint or demand, in any of his Majefty's courts of record at dict no judg-
Westminster, or in any other court of record within England or
Wales, the judgment thereupon ſhall not be ſtaid or reverfed for ftayed or re-
any defect or fault, either in form or fubftance, in any bill, defect in any
writ original or judicial, or for any variance in fuch writs from bill, writ, &c.
the declaration or other proceedings.
mended.
ment ſhall be
verfed for any
II. Provided nevertheleſs, That nothing in this act contain- Not to extend
ed ſhall extend, or be conſtrued to extend, to any appeal of fe- to appeals of
felony, &c.
lony or murder, or to any procefs upon any indictment, pre-
ſentment or information, of or for any offence or miſdemeanor
whatſoever.
CAP. XIV.
An act to continue the commiffioners appointed to examine, ftate and de-
termine the debts due to the army; and to examine and ſtate the de-
mands of feveral foreign princes and ſtates for fubfidies during the late
war. EX P.
CAP. XV..
An act for making more effectual an act of the third and fourth
years of the reign of King William and Queen Mary, in-
tituled, An act for the more effectual diſcovery and pu-
niſhment of deer-ftealers.
W
HEREAS divers idle and diſorderly persons, who have been
duly convicted for unlawfully courfing, hunting, killing or
taking away deer, upon the ftatute made in the third and fourth
years of the reign of the late King William and Queen Mary, for 3&4 W. & M.
the more effectual difcovery and punishment of deer-stealers, have . 10.
procured writs of Certiorari to remove fuch convictions into fuperior
courts at Westminster, purely to avoid the penalties of the faid fta-
tute; whereby the party or parties convicted are only obliged to give
fecurity to the perfon or perfons profecuting, for the payment of their
cofs and damages; and their being no provifion made for fecuring
the forfeitures incurred for the offence, or the imprisonment of the of
fenders, although fuch conviction ſhould be confirmed by the faid courts,
the faid offenders have opportunity to conceal their effects and with-
VOL. XIV.
E
draw
50
[1718.
Anno quinto GEORGII I. c. 15.
ed to remove
con-
draw their perfons from puniſhment; and the justice intended by the
faid att hath been evaded, and loofe and wicked perfons greatly encou
raged to follow fuch evil practices: for the prevention whereof,
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 au-
No Certiorari thority of the fame, That no Certiorari fhall be allowed to re-
fhall be allow- move any conviction made, or other proceedings of, for or
any convic- cerning any matter or thing in the faid ftatute, unleſs the party
tion againſt
or parties convicted fhall, before the allowance of fuch Certiorari,
the recited act, and at the fame time that fecurity is given for the payment of
uplefs the par- the cofts and damages to the profecutor or profecutors, become
ty convicted alfo bound to the juftice or juftices of the peace, before whom
give fecurity
to the justice
fuch conviction was made, with fuch fufficient fureties as fuch
to profecute juftice or juftices thall approve of, in the penalty of fixty pounds
fuch writ with for each offence, with condition to profecute fuch writ of Certi-
effect, &c.
orari with effect, and to pay fuch juftice or juftices the forfei-
tures due by fuch conviction, to be diftributed as the faid ſta-
tute directs, or to render the perſon or perfons convicted to fuch
juſtice or juſtices within one month next after ſuch conviction
In default the ſhall be confirmed, or a procedendo granted; and that in default
justice may
thereof, it ſhall be lawful for the ſaid juſtice or juftices, and all
proceed to ex- other perfons whatſoever, to proceed to the due execution of
fuch conviction, in fuch manner as if no Certiorari had been
awarded.
ecute fuch
conviction.
After confir-
mation of a
II. And be it further enacted by the authority aforeſaid, That
after the confirmation of any conviction or convictions upon the
conviction,the ſaid ſtatute by any of the ſaid ſuperior courts, and delivering the
justice may rule to the faid juſtice or juſtices, whereby fuch conviction or
proceed as if a convictions hath or have been fo confirmed, it ſhall and may be
procedendo
lawful for, and full power and authority is hereby given to ſuch
juſtice or juſtices to proceed againſt the party or parties convict-
ed, in the fame manner as if a procedendo had been granted.
had been
granted.
Perfons fued
may plead the
general iffue,
3 & 4 W. & M.
&c.
C. IO.
and ſhall re-
cover treble
cofts.
Perfons con-
victed to be-
come bound
III. Provided always, and be it enacted by the authority a-
forefaid, That if any perfon or perfons fhall be fued or profecut-
ed for any matter or thing, which he or they ſhall do in purfu-
ance of this act, or of the faid ftatute made in the third and
fourth years of the reign of the late King William and Queen
Mary, it fhall and may be lawful to and for the perfon or per-
fons fo fued or profecuted to plead the general iffue, and give the
ſpecial matter in evidence; and if a verdict fhall paſs for the de-
fendant, or the plaintiff fhall become nonfuit, or fuffer a difcon-
tinuance, or if upon a demurrer judgment fhall be given againſt
the plaintiff, the defendant fhall have and recover his treble
cofts, and have the like remedy for the fame as any other defen-
dant hath in any other cafe by law.
IV. And be it further enacted by the authority aforefaid, That
all and every perſon and perfons convicted, or who fhall here-
after be convicted by virtue of the ſaid ſtatute fhall, before he
in 50l. to be or they fhall be diſcharged out of cuftody, become bound to fuch
of good beha-
viour, and not perfon or perfons against whom fuch offence was or fhalle
com-
1718.] Anno quinto GEORGII I. C. 15.
51
:
like manner.
committed, in the fum of fifty pounds, with condition for his to offend in
or their future good behaviour, and that he or they ſhall not
offend in like manner; and upon his or their failure or refufal On refuſal, to
to enter into fuch bond, that he or they ſhall be committed to be committed
the county-gaol where fuch offence was or fhall be done, until till fuch bond
given.
ſuch bond ſhall be given; and that if ſuch perſon or perfons If convicted
ſhall at any time after his or their becoming bound, as aforefaid, after, the bond
be convicted for any matter or thing in the faid ftatute, that to be forfeited,
then the faid bond fhall be deemed to be forfeited, and the pe- By 5 Geo. I.
nalty be recovered, with full cofts of fuit, in any of the courts c. 28. Such of-
at Westminster, which faid penalties fhall be diftributed in the fenders are to
fame manner as the forfeitures are by the faid ftatute to be di- be transported.
ftributed, and the party or parties fo convicted fhall be likewiſe
liable to the penalties and forfeitures in the ſaid ſtatute.
&c.
&c. convicted
V. And whereas divers keepers of forefts, chafes and parks, in
breach of the trust repofed in them, have been in confederacy with deer-
ftealers, whereby they have been greatly encouraged: be it therefore
enacted by the authority aforefaid, That if any keeper or keep- Keeper or
ers, or other officer of any foreft, chaſe, purlieu, paddock, other officer
wood, park or place where deer are ufually kept, fhall be con- of any foreft,
victed upon the faid ftatute for killing or taking away any red or of killing any
fallow deer, or being aiding or affifting therein, without the deer without
conſent of the owner or perfons chiefly intrufted with the cufto- the owner's
dy of fuch foreft, chafe, purlieu, paddock, wood, park or place confent, fhall
where fuch deer fhall be killed or taken away, That then fuch for each deer;
forfeit 50 1.
keeper or keepers, or other officer, being fo convicted, ſhall for- to be levied
feit the fum of fifty pounds for each deer fo killed or taken a- by diſtreſs ;
way, to be levied by way of diftrefs upon his or their goods and
chattels, to be diſtributed as the forfeitures in the ſaid ſtatute are
to be diſtributed; and for want of ſuch diſtreſs, that then he or
they fhall fuffer impriſonment for three years without bail or and for want
mainprize, and be fet in the pillory for two hours on fome mar- thereof to be
ket-day in the next adjoining town to the place where the offence impriſoned
was committed, by the chief officer or officers of fuch market- and fet in the
town, or by his or their under-officer or under-officers.
pillory.
three years
Perfons con-
VI. And whereas by the faid ftatute of the third and fourth years 3 & 4 W. & M.
of King William and Queen Mary fuch perfons are only to be punish- c.10.
ed with three months imprisonment, who do in the night-time pull
down or destroy the pales or walls of any park, foreſt or other ground
where deer are kept, which hath been found ineffectual to prevent
mifchiefs of that nature: be it therefore enacted by the authority
aforefaid, That if any perſon or perfons fhall at any time pull
down or destroy, or caule to be pulled down or deftroyed, the victed of pull-
pale or pales or walls of any park, foreft, chafe, purlieu, pad- ing down the
dock, wood or other ground inclofed, where any red or fallow pales, &c. of
deer ſhall be then kept, without the confent of the owner or the any park, &c.
perfon chiefly intrufted with the cuftody thereof, that fuch per- ject to the pe-
fon or perfons fo offending, and being convicted thereof by con- nalties of 3 &
feffion or by the oath of one or more credible witness or witneffes, 4 W. & M.
before one or more juſtice or juſtices of the peace of the fame S. 10. for kill-
ing any one
county wherein the offence ſhall be committed, fhall be fubject deer.
E 2
unto
fhall be fub-
52
[1718.
Anno quinto GEORGII I. c. 16, 17, 18.
1
The preſent
allowances gi-
ven on falt
fhall not be
unto the forfeitures and penalties by the ſaid ſtatute inflicted for
the killing of any one deer, in the fame manner as if he or they
had been thereof convicted according to the ſaid ſtatute.
CAP. XVI.
An act for laying a duty of two pennies Scots, or one fixth part of a pen
ny sterling, upon every pint of ale or beer that ſhall be vended or fold
within the town of Dunbar, for improving and preferving the harbour,
and repairing the town-houſe, and building a ſchool, and other publick
buildings there; and for fupplying the faid town with freſh water.
Continued by 10 Geo.2. c.4.
CAP. XVII.
An act for laying a duty of two pennies Scots, or one fixth part of a pen-
ny fterling, upon every pint of ale or beer that ſhall be vended or fold
within the town of Inverneſs, and privileges thereof, for paying the
debts of the faid town, and for building a church, and making a har-
bour there. Continued by 11 Geo. 2. c. 16.
CAP. XVIII.
An act for recovering the credit of the British fishery in fo-
reign parts; and better fecuring the duties on falt.
WE
HEREAS it is found by experience, that the allowances
given by the feveral acts of parliament relating to the duties
on falt upon the exportation of fish do much exceed the duty of falt
ufed in curing the fame, which is fo far from being an encourage-
ment to a fair trade, that it is rather an inducement to the curers
and exporters of fish to commit feveral frauds, by curing the faid fish in
fo deficient a manner, that it will but just ferve the examination upon
hipping it off, and not keep good to foreign markets, to the great dif-
paragement of the British fibery, as well as diminution of his Majesty's
faid duties: be it therefore enacted by the King's moſt excellent
majefty, by and with the advice and conſent of the lords ſpiritual
and temporal and commons, in this prefent parliament affem-
bled, and by the authority of the fame, That the prefent allow-
ances given by the laws relating to the duties upon falt upon the
exportation of fiſh ſhall not be paid for any fish that ſhall be ex-
ported from and after the four and twentieth day of June one
thouſand ſeven hundred and nineteen; but that the curers of
fifh fhall from thenceforth be allowed to import foreign falt, or
after 24 June, take from any falt-works or falt-pits, any fuch quantity of Bri-
tish falt, where the fame is allowed by law, for the curing of fish
Curers of fish for exportation, as they fhall think proper for curing fish for fo-
tion may uſe reign markets, without paying any duty to his Majefty for the
foreign falt or fame, except the customs payable upon the importation there-
British falt
of, fuch foreign falt being landed, or fuch Britiſh ſalt being taken
without duty, from the faid falt-pits or falt-works and weighed in the prefence
except the
of an officer for the duties on falt; and fuch foreign or Britiſh
cuſtoms.
falt being lodged in a warehouſe under the lock and key of the
Such falt to be
faid officer, as well as the proprietor of the ſaid ſalt: which fo-
weighed and
warehouſed. reign or British falt fo lodged as aforefaid fhall remain in the cu-
By 6 Geo. 1. ftody of the faid officer jointly with the ſaid proprietor of the ſaid
c. 11. fect. 51. falt, during all the feveral intervals of the reſpective fiſhing ſea-
Stock jo cel-
fons; the proprietor or proprietors, or his or their agent or a-
lared up may
be turned gents, entring at the next office for the duty on falt the refpec-
paid for any
Ah exported
1719.
for exporta-
tive
?
1718.] Anno quntio GEORGII I. c. 18.
53
!
8 Geo. I. c. 4.
c.
Then the falt
tive quantities of foreign or British falt fo lodged by him or them, over as flock
in hand, &c.
from time to time, as aforefaid; and the ſaid officer keeping an
account of every refpective quantity of the faid falt fo entred and
lodged in his cuftody as aforefaid; and that at the beginning of
every of the feveral fiſhing ſeaſons the proprietor or proprietors At every fiſh-
of the ſaid ſalt, or his or their agent or agents, fhall make oath ing feafon
in writing before the officer for the duty on falt, at the office proprietor to
neareſt to the place where the faid falt is lodged, declaring the make oath of
the quantity,
quantity of the foreign or British falt refpectively lodged as afore- and that it is
faid; and that all the faid falt is intended for the curing of fish for curing fiſh
for exportation only, and fhall not by his or their order, con- for exporta-
fent or connivance, directly or indirectly, be fold, given away This claufe al-
tion only:
or any ways delivered, but for the purpoſe aforefaid; after which tered and ex-
oath ſo made as aforefaid, and filed up by the ſaid officer in his plained, and
faid office for the duty on falt as aforefaid, the officer in whofe farther provi-
joint cuftody with the proprietor or proprietors, his or their a-ons made,
gent or agents, the falt has continued during the interval of the f. 1, 4, 9, 10.
fiſhing ſeaſon, ſhall deliver into the fole cuftody of the faid pro- & 8 Geo. I.
prietor or proprietors, his or their agent or agents, all the faid c. 16. f. 1. &
falt for the curing of fiſh taken during the faid fishing feafon; 11 Geo. 1.
and that at the end of every fishing feafon the officer for the faid 30. f. 41, 42,
duty on falt ſhall take a particular account of the quantities of fo- to be deliver-
reign and British falt refpectively remaining in hand; which remain- ed to the pro-
ing falt fhall be immediately locked up in the joint cuftody of prietor.
the faid officer and proprietor or proprietors, his or their agent
or agents as aforefaid; and the faid proprietor or proprietors, his
or their agent or agents, of the faid falt, ufing the faid falt as a-
forefaid fhall, as foon as poffible, after the end of every fiſhing After fiſhing
ſeaſon, deliver alſo an account in writing into the faid office for feaſon an ac-
the duty on falt as aforefaid, containing the quantity of fish ex- count to be
ported or entred and ſhipped to be exported, on which the falt taken of the
remaining
taken away after its delivery into the fole cuftody of the faid pro- falt, and to be
prietor or proprietors, his or their agent or agents, has been warehouſed.
ufed or confumed, together with a certificate or certificates by Proprietor to
the proper officers of the feveral ports where the ſaid fiſh were
give an ac-
ſhipped for exportation, verifying the faid account; which cer- quantity of
tificates the faid officers are hereby directed to give gratis; which fish exported
ſaid account, delivered into the ſaid office as aforefaid, fhall be on which the
falt was uſed,
affirmed by the oath of the faid proprietor or proprietors ufing
the faid falt as aforefaid, or his or their agent or agents who have
ufed the fame, and fhall remain in the faid office, to the end
that the quantity of fiſh cured for exportation and the quantity
of falt uſed in curing the faid fish may, from time to time, ap-
pear upon oath, and be compared together; and in caſe any of
the ſaid ſalt ſhall be delivered over to any other perfons, and Salt delivered
uſed by them in curing of fiſh, the feveral quantities of falt fo de- over to any
livered over ſhall be expreffed in the faid account; and each per- accounted for.
fon to whom fuch falt fhall be fo delivered, or his agent, fhall
likewiſe upon oath make another account of the particular quan-
tity of ſuch ſalt uſed by each of them in the curing of fiſh ſo ex-
ported or ſhipped for exportation as aforefaid; which faid ac-
count,
E3
count of the
Stc.
other to be
54
[1718.
Anno quinto GEORGII I. c. 18.
Penalty.
count, together with proper certificates as aforefaid, fhall like-
wife be tranſmitted into the office aforefaid, there to remain for
the purpoſes above-mentioned: but if fuch proprietor or pro-
prietors, his or their agent or agents, or any other perfon or
perſons to whom any quantity of falt fhall be by them deliver-
ed over as aforefaid fhall, for the ſpace of fix months after the
end of every reſpective fishing feafon, neglect or refufe to de-
liver fuch account attefted upon oath as aforefaid, fuch propri-
etor or proprietors, and fuch other perfon or perfons as afore-
faid, fhall for every fuch offence forfeit forty pounds.
II. And to the end that no part of the falt delivered into the fole
cuftody of the proprietor or proprietors thereof, or of his or their a-
gent or agents, or by them to any other perfons, for the curing of fib
for exportation only, during the faid feveral fishing feafons, may be
fold, given away or otherwife delivered or ufed, directly or indirectly,
but for the purpofe aforefaid; and to obviate the frauds which the
publick revenue would otherwife be expofed to by the prefent relaxation
of the former laws and the indulgence intended hereby to the fair
Every bushel trader: be it enacted by the authority aforefaid, That for every
of falt taken bufhel of falt fo taken out of the cellars or falt-works, which
out of the cel- fhall not be accounted for in the manner above-mentioned, by
lars, and not. the oaths of the perfons and proper certificates, or by certificate
accounted for, from the juftices of the peace at the quarter-feffions, that proof
otherwiſe than
forfeits 20s.
the bushel.
was there made that ſuch falt was put on board any boat or veſ-
fel for curing of fish at ſea, and was there taken by enemies or
otherwiſe loft or perifhed at fea, or fhall not be returned into or
found remaining at the end of every fishing feafon in the cellars
or warehouſes as aforefaid, the proprietor or proprietors there-
of, his or their agent or agents who took out the fame, or the
perfon or perfons to whom the fame or any part thereof was de-
livered for curing of fiſh as aforefaid, ſhall reſpectively, accord-
ing to each of their refpective quantities with which they ſtand
Such falt fold, accountable, forfeit and pay the fum of twenty fhillings; and
given away, every fuch perfon felling, giving away, ufing or delivering any
ufedorbought, fuch falt, or confenting or being any ways privy to the ſelling,
for curing fish, giving away, ufing or delivering fuch falt, directly or indi
rectly, otherwife than for the purpoſes aforefaid, fhall forfeit,
pay and undergo the penalties and puniſhments herein after-
mentioned; that is to fay, every proprietor of fuch falt, or his
agent, for every bufhel of fuch falt fo fold, given away, uſed or
delivered, fhall forfeit and pay the fum of twenty fhillings; one
third part thereof to the uſe of his Majeſty, his heirs and fuc-
ceffors, and the remainder thereof to ſuch perſon that ſhall in-
form or fue for the fame; and every other perſon buying, tak-
ing or uſing any ſuch falt, otherwiſe than for the purpoſes afore-
faid and in the manner aforefaid, fhall forfeit and pay the ſum
of twenty fhillings for every bufhel of falt fo bought, delivered
or uſed, and after that rate for a greater or leffer quantity; one
third part thereof for the uſe of his Majefty, his heirs and fuc-
ceffors, and the remainder thereof to fuch perfon or perfons
that ſhall inform or ſue for the fame; which faid fums or pe-
nalties
}
1718.]
55
Anno quinto GEORGII I. c. 18.
fender to be
nalties fhall be levied in fuch manner as other penalties herein
after-mentioned are to be levied; or in default of payment of In default of
fuch fums, within fourteen days after conviction of fuch crime, payment of
and where no fufficient effects can be found to anſwer the fame, lent to the
the perfon or perfons fo offending fhall be fent to the houfe of houfe of cor-
correction, there to be whipp'd, and kept to hard labour for any rection.
time not exceeding three months.
III. And for preventing the imbezilling of falt lodged under
the lock and key of the officer and proprietors during the in-
tervals of the refpective fishing feafons; be it enacted by the au-
thority aforefaid, That for every bufhel of fuch falt fo lodged, Salt wanting
which ſhall either be carried away or fhall be found wanting at at re-deliver
the re-delivering thereof into the fole cuftody of the proprietors, ing forfeits
reaſonable allowances for the wafte of fuch falt being firſt made,
the ſaid proprietor or proprietors fhall forfeit twenty fhillings.
20s. the
bufhel.
bufhel.
IV. And for preventing any frauds, imbezilments or mifap-
plication of any foreign falt after it is imported or landed, and
before it is cellared and ftored up under the joint cuftody of the
proprietor and the officer for the falt-duties for curing of fish for
exportation as aforefaid, and of any British falt after its being
weighed and taken away from the falt-works or falt-pits of
Great Britain, and before it is ſtored and locked up by the pro-
prietor and the officer for the falt-duties for curing of fish for
exportation, as before-mentioned; be it enacted by the authority
aforefaid, That any perfon or perfons who, from and after the Foreign falt
four and twentieth day of June one thouſand ſeven hundred and imbezilled af-
nineteen, ſhall take away, imbezil or mifapply any foreign falt ter importa-
after the importation or landing thereof, and before it is cellared tion and be-
fore cellaring,
and ftored up for the curing of fish as above-mentioned, fhall forfeits 20s.
forfeit and pay the fum of twenty fhillings for every bufhel of the bushel, at
foreign falt fo taken away, imbezilled or mifapplied, reckoning 84lb. to the
ſuch foreign ſalt at eighty and four pounds weight to the buſhel,
and ſo in proportion for a greater or lefs quantity; and any per- British falt im-
fon or perſons who, from and after the faid four and twentieth bezilled for-
day of June one thouſand ſeven hundred and nineteen, fhall feits 10s. the
bufhel, at 561b.
take away, imbezil or miſapply any British falt after it is weigh- to the bushel.
ed at and carried from any falt-work or falt-pit in Great Britain,
and before it is brought unto and locked up in any cellar or
ſtorehouſe by the proprietor and the officer for the falt-duties,
for the curing of fish, as directed by this act, every fuch per-
fon or perfons fhall forfeit and pay the fum of ten fhillings for
every bushel of Britiſh ſalt ſo taken away, imbezilled or miſap-
plied, reckoning fuch British falt at fifty and fix pounds weight
to the bufhel, and fo in proportion for a greater or lefs quantity.
V. And whereas confiderable quantities of foreign and British
falt, as alfo fome quantities of falt which has already been laid on fiſh,
and returned unconfumed, defigned for the curing of fib, the duties
whereof are paid or fecured to be paid, are in the hands of ſeveral per-
fons, dealers in fish, which quantities of falt ought to be returned un-
der the lock and key of the officers of the duties on falt in England
and the officers of the customs in Scotland, and the duties thereof re-
E 4
paid,
56
[1718.
Anno quinto GEORGII I. c. 18.
Salt that has
paid the duty
paid, or the fecurity given vacated and difcharged: be it therefore
enacted by the authority aforefaid, That all fuch foreign and
British falt, as alſo fuch quantities of falt which have already
been laid on fish and returned unconfumed, remaining in the
and key of the proper cuftody of any perfon or perfons, the duties whereof have
proper officers been paid or fecured in England on or before the firſt day of
before June March one thouſand feven hundred and eighteen, and in Scot-
to be again
under lock
1719.
land on or before the first day of October one thouſand ſeven
hundred and eighteen, fhall be again put under the lock and key
of the falt-officers in England and of the custom-houfe officers
in Scotland reſpectively, on or before the first day of June one
thouſand ſeven hundred and nineteen, by delivering to them
keys of all the cellars wherein fuch falt is lodged and cellared,
and thereupon weighing the fame in the prefence of the faid
officers with all convenient diligence and without delay; and
benture the fe- upon a debenture to be prepared by the collector of his Maje-
curity to be fty's cuſtoms at the port within the precinct whereof ſuch falt
vacated or the is lodged or cellared as aforefaid, and verified by the proper of-
duties repaid, ficer as to the quantity of falt actually cellared, the fecurity
&c.
And on a de-
(a) Nineteen
in the record.
Allowanceson
fish exported.
given for the duties of the faid ſalt ſhall be vacated and diſcharg-
ed, or the duties repaid by the faid collector, if in Scotland,
or by the officers of the duties on falt, if in England, out of the
monies in their hands arifing from the faid duties, fo as it ap-
pears by the falt or cuſtom-houſe books, that the falt was import-
ed or delivered on or before the first day of October one thouſand
feven hundred and eighteen in Scotland, or on or before the firft
day of March one thoufand feven hundred and (a) eighteen in
England; and that the duties whereof were paid or fecured to be
paid; and that the proprietor of the falt, or his agent, make
oath, that this is the fame falt that was fo imported or deliver-
ed; and in caſe there is not money in their hands fufficient to
diſcharge the ſaid debentures, then and in that cafe, upon a cer-
tificate thereof to be given gratis, the faid debentures for falt
cellared in England fhall be paid by the commiffioners for the
duties on falt; and the faid debentures for falt cellared in Scot-
land fhall be paid by the commiffioners of the cuſtoms or excife
in Scotland, at the option of the merchant, in the fame manner
as debentures for fifh exported are now by law made payable.
VI. And for the better encouragement of the fishing trade of
Great Britain, be it enacted by the authority aforefaid, That for
all fuch fish hereafter mentioned as fhall be exported from any
port or place in Great Britain into parts beyond the feas, by
any perfon or perfons whatſoever, the rates or fums of
money
hereafter expreffed, that is to ſay, for every cafk or veffel of pil-
chards or fcads, containing fifty gallons, feven fhillings; for
every hundred of codfish, ling or hake, (except dried codfish,
ling or hake, commonly called haberdines) which ſhall contain
in length fourteen inches, or upwards, from the bone in the fin
to the third joint in the tail of every ſuch fiſh, five fhillings;
for every barrel of wet codfish, ling or hake, containing thirty
two gallons, two fhillings; for every hundred weight of dried
cod
鲁
​1718.]
57
Anno quinto GEORGII I. C. 18.
codfish, ling or hake, commonly called haberdines, three hil-
lings; for every barrel of falmon, containing forty two gallons,
four fhillings and fix pence; for every barrel of white herrings,
containing thirty two gallons, two fhillings and eight pence;
for every barrel of full red herrings, containing thirty two gal-
lons, one fhilling and nine pence; for every barrel of clean
fhotten red herrings, containing thirty two gallons, one fhilling;
for every laſt of dried red fprats, one thilling; and fo in propor-
tion for a greater or leffer quantity of all and every the faid
kinds of filh, fhall be paid by the officer appointed to collect
the duties on falt in the fame port from whence any fuch
fiſh ſhall be exported, within thirty days after demand thereof,
on a debenture to be prepared by the collector of the cuſtoms in
the port where fuch fifh fhall be entred out for exportation, and
verified by the perfon executing the office of fearcher in fuch
port, as to the quantity of fish actually ſhipped; and that the
oath of the exporter or agent be first taken before the principal
officers of the faid port before the debenture be allowed (who
are hereby required and impowered to give the faid oath) That
the fiſh in fuch debenture mentioned were Britiſh taken, and re-
ally exported to or for parts beyond the feas, and not relanded,
or intended to be relanded in Great Britain, for which debenture
no fee or reward fhall be taken; and in cafe the officer hereby
directed to pay fuch debenture ſhall not have ſufficient money in
his hands to pay the fame, then upon certificate thereof by him
made (which certificate he is hereby required to give the party
gratis, and without delay) the principal commiffioners for man-
aging his Majeſty's revenue of excife upon falt for the time be-
ing, fhall be chargeable with the faid payment, to be made in
courfe out of the firſt money in their hands arifing out of the faid
duties upon falt; and the faid debentures for fish exported from
Scotland, fhall be paid by the commiflioners of the cuſtoms or
excife in Scotland at the option of the merchant, in the fame
manner as debentures for fifh exported are now by law made
payable; and any officer neglecting or refuſing to pay the faid
money, or to give fuch certificate as is here directed, fhall for-
feit double the fum fo to be paid, to the party grieved, to be re-
covered by action of debt, bill, plaint or information, wherein.
no effoin, protection, or wager of law fhall be allowed; and Officers to cut
that it fhall and may be lawful for the officers for the faid duties off part of the
on falt, upon the exportation of any codfish, ling or hake, and tail of codfish,
before the fame ſhall be laid on board for exportation, to cut off &c. before the
part of the tail of every fuch codfish, ling or hake, to the in- exportation,
tent it may be known that fuch codfish, ling or hake hath been.
exported, and allowances obtained on exportation thereof, in
cafe the fame fhall be relanded or re-imported; and alfo that it and to mark
fhall be lawful, upon the exportation of any pilchards, fcads, the barrels
white herrings, red herrings, falmon, or dried red fprats, and wherein pilch-
before the fame fhall be laid on board for exportation, to mark
ards, &c. are.
any cafk, barrel, or other veffel, wherein any fuch pilchards,
feads, white herrings, red herrings, falmon, or dried red ſprats,
fhall
58.
[1718.
Anno quinto GEORGII I. c. 18.
Such fish re-
landed, for-
feited.
fhall be exported, to the intent it may be known that ſuch pil-
chards, fcads, white herrings, red herrings, falmon, or dried red
fprats, have been exported, and allowance obtained on expor-
tation of the fame, in cafe the fame be relanded or re-imported;
and that in cafe any codfish, ling or hake, or any pilchards, fcads,
white herrings, red herrings, falmon, or dried red fprats, fhall
(after the fame ſhall be exported) be fraudulently relanded in
Great Britain, or re-imported all the faid fiſh ſo relanded or re-
imported, fhall be forfeited and loft, and double the value there-
of, to be recovered of the importer or proprietor thereof; and
that no allowance fhall be paid out of the faid duties on falt for
chantable fish. or on account of the exportation of any fiſh that ſhall not be
well cured, or fhall be unmerchantable.
No allowance
for unmer-
Officers may
enter into
warehouſes to
view the fish
curing, &c.
VII. And be it enacted by the authority aforefaid, That it
ſhall and may be lawful for the officers for the faid duties on falt,
at all times when fish are curing, bulking or packing, and at all
other times, in the day (or in the night in the prefence of a con-
ftable, or other lawful officer of the peace) to enter and come
into the cellars and warehouſes of all curers of fiſh, to view and
inſpect them, during the time of their curing fish; and to guage
the falt when they fhall think it neceffary for the diſcovering of
any frauds; and to mark the caſks wherein the fiſh are put up
Refifting offi- for exportation, and to fee them exported; and if any perfon
cer forfeits zol. or perfons fhall obftruct or hinder any of the faid officers in the
performance of their duties aforefaid, then and in every fuch
caſe, the perſon offending therein shall forfeit the ſum of twenty
pounds.
Fish loft or
voyage, to be
allowed the
bounty.
VIII. And be it enacted by the authority aforefaid, That
ſpoiled before where any fiſh entitled by law to any premium or allowance
the thip pro- upon exportation thereof, fhall be loaden for exportation, and
ceeds on her duly entred and paſt by the proper officer, at any time after the
twenty fifth day of March one thouſand ſeven hundred and
nineteen, and the ſaid fiſh ſhall be loft or ſpoiled before the ſhip's
proceeding on her voyage, as aforefaid, then the proper officer
of the port or ports where the ſaid fiſh ſo loft or ſpoiled was or
fhall be entred, fhall be obliged, upon due proof thereof made
upon oath before any of the chief officers of fuch port, who
have hereby power to adminiſter the fame, by the proprietor or
proprietors of the ſaid fiſh, or his or their agents, to make out
debentures for the premium or bounty of the faid fish, as if the
faid fiſh had been actually exported to parts beyond the feas;
provided the ſaid fiſh was funk in the fea or port where the ſaid
fhip was loft, or deſtroyed in the fight of the proper officer
where any of the ſaid fiſh fhall come afhore, and that no uſe be
made of the faid fish by the proprietor or proprietors, or his or
their agents; and that the faid officer is hereby required to cauſe
fuch fish to be burnt, or otherwiſe deſtroyed; any thing in this
or any other act to the contrary notwithſtanding.
IX. And whereas the fhip Severn Galley of Bristol being in the
Provifo for the
river of Bristol in or about the month of February one thousand feven
SevernGalley,
George Gal hundred and eighteen, and the ſhip George Galley of London being
212
1718.]
59
Anno quinto GEORGII I. c. 18.
7
ley, the ſhip
James of
in Leoſtaff road in or about the month of October one thouſand ſeven
hundred and feventeen, and the ship James of Leith being in the port
of Cafton in the ifles of Orkneys in or about the month of Decem- Leith.
ber one thousand feven hundred and thirteen, the faid fhips were, by
ftrefs of weather, or other accidents, feverally caft away and loft in
or very near the respective ports where the fame were loaden, and at
the times of their being reſpectively loft, the faid ships were feverally
loaden with fiſh, and other goods, for exportation into parts beyond
the feas; which feveral ladings of fish, or part thereof, were loft and
utterly Spoiled, and rendred unfit for any market: and whereas fome
doubt hath arifen about the making out the debentures for the draw-
backs or bounties for the fish that was ſo ſpoiled, as aforefaid: be it
enacted by the authority aforefaid, That the proper officers, at
the ſeveral ports where the ſaid feveral ſhips were reſpectively
loaden, do upon due proof by the oaths of the refpective pro-
prietors of the ſaid fish, or their reſpective agents, That fuch
fish was really loft, or have been deftroyed in the prefence of one
or more of the faid officers, after the fame had been loaden and
entred out for exportation, without intention of being relanded
in Great Britain (which oath the principal officer at fuch port is
hereby impowered to adminifter) make out debentures for the
drawbacks and bounties for the ſaid fiſh ſo loft or deſtroyed, as
aforefaid, in the fame manner as is directed to be done by the
ſeveral acts of parliament now in force for fish really exported
into parts beyond the feas; any act or acts to the contrary not-
withſtanding.
or fprats con-
ed.
X. And be it further enacted by the authority aforefaid,
That if any red herrings or fprats fhall, during the time of dry- Red herrings
ing or curing, be burnt or confumed by fire, by which means fumed by fire,
fuch red herrings or fprats fhall be rendred unfit for ufe, in to be taken as
fuch caſe the number or quantity of red herrings or fprats fo if they were
burnt, confumed, or rendred unfit for uſe, fhall be computed really export-
by the proprietor of the ſaid herrings or fprats, in conjunction
with the falt-officer of the faid port or place, according to the
beſt of their ſkill and judgment; which computation fo made,
and added to the account to be given in of the quantity of her-
rings or ſprats exported or ſhipped for exportation, ſhall be ac-
cepted and taken at the ſalt-office in the fame manner as if all
the ſaid herrings had been really exported.
XI. And whereas by an act made in the third year of the reign of
his preſent majesty King George, intituled, An act for continuing 3 Geo. I. c. 4.
the duties on malt, mum, cyder and perry, for the ſervice of the
year one thouſand ſeven hundred and ſeventeen; and to autho-
rize allowances to be made to certain receivers: and to obviate
a doubt concerning goods imported from the iſlands of Jerſey,
Guernſey, Sark and Alderney; and to afcertain the duties upon
fheep-fkins and lamb-fkins; and to prevent frauds in the duties
upon ftarch; and for making forth duplicates of exchequer-
bills, lottery-tickets and orders, loft and burnt, or deftroyed;
and for enlarging the time for adjuſting claims in ſeveral lot-
teries; and for preventing frauds in the duties on low wines
and
60
[1718.
Anno quinto GEORGII I. c. 18.
After May
1,
1719. Salt im-
ported from
Jerfey, &c.
to the fame
upon
and fpirits carried coaftwife, it is enacted, That the inhabitants of
the islands of Jerſey, Guernſey, Sark and Alderney, ſhall and may,
with and under fuch certificates and oaths as are therein mentioned,
import into any lawful port of Great Britain, any goods, wares or
merchandizes of the growth, produce and manufacture of the faid
islands, or any of them, without paying any cuſtoms, fubfidies or du-
ties for or in respect thereof, except fuch excife or other duties as is
now or ſhall hereafter, for the time being, be due and payable for the
like goods of the growth, produce and manufacture of Great Britain:
and whereas it is found by experience, that the indulgence and bounty
given by the faid act, has been an occafion of tempting many evil-
difpofed perfons to bring in great quantities of French falt from
Guernſey, under a pretence that the fame was of the produce of that
island, by certificates, which are fince difcovered to be forged, to the
great prejudice of the revenue, and the diminution of the trade af the
makers of falt in Great Britain: be it enacted by the authority
aforefaid, That from and after the first day of May one thou-
fand feven hundred and nineteen, all falt imported from any of
hall be liable the ſaid iſlands ſhall be liable to the fame duties the im-
duties as other portation thereof as any other foreign falt whatſoever.
foreign falt.
XII. And whereas the laws and acts of parliament in Scotland,
Allowance for referved in force by the eighth article of union, do, among other things
herrings ex- enact, That the herring-barrel fhall contain eight gallons two pints,
ported from
Scotland in
Scots meaſure, which amounts only to nine and twenty gallons, three
barrels of Scots pints, one gill and an half, English wine-meafure; in confequence
guage before whereof all the herring barrels made in Scotland fince the union, as
May 1719. well as before, have been made according to the aforefaid standard,.
and great numbers of fuch barrels remain now in hand: and whereas
doubts have ariſen in Scotland about the payment of the preſent allow-
ances upon white herrings exported, unless they are put up and packed
in barrels, containing preciſely thirty-two gallons, English wine-mea-
fure; and alfo about the payment of proportionable allowances for half-
barrels, howsoever convenient for flowage the faid half-barrels are; be
it enacted by the authority aforefaid, That the preſent allowance
of ten fhillings five pence per barrel of white herrings ſhall be
paid for all herrings exported from Scotland in barrels of the
Scots guage before-mentioned, and proportionally for half-bar-
rels; provided the faid herrings have been or fhall be exported
on or before the first day of May one thouſand ſeven hundred
and nineteen.
The propor-
XIII. And forafmuch as great inconvenience would arife to the
tion of the owners of the faid herring barrels remaining now in hand, fhould the ufe
Scots barrel to thereof be difallowed, or no premium be granted upon herrings there-
the English. in exported: be it therefore enacted by the authority aforefaid,
That the premiums granted by this act upon white herrings
fhall and may be paid upon herrings exported in the aforefaid
barrels, in fuch proportion as the guage of the faid barrels bear
to thirty two gallons English wine-meaſure, provided the faid
barrels be filled with herrings on or before the first day of De
cember one thouſand feven hundred and twenty.
XIV. And whereas divers merchants have exported feveral quanti-
{
ties
1718.]
61
Anno quinto GEORGII I. c. 18.
Salmon ex-
ties of falmon in barrels or boxes that were neither agreeable to the
Scotch or English laws, and the officers of the customs having guaged ported in un-
the faid barrels or boxes, have given debentures for the allowance or fizeable bar-
drawback in proportion to forty two gallons, English wine-meaſure, rels.
wherein no circumstances of fraud do appear: be it therefore enact-
ed by the authority aforefaid, That the faid debentures ſhall and
may be paid and fatisfied in fuch manner as they ought to have
been, if ſuch exportation had been made and carried on accord-
ing to the rules and directions of the law.
barrel.
XV. And for preventing the like mistakes and irregularities The contents
for the future, be it further enacted by the authority aforefaid, of the herring
That from and after the firſt day of June one thouſand feven and falmon
hundred and nineteen, the contents of the herring and ſalmon
barrel ſhall be the ſame throughout the whole united kingdom
of Great Britain; that is to fay, the herring-barrel fhall contain
thirty two gallons, and the ſalmon-barrel forty-two gallons; and
that all exportation of falmon or herrings in barrels of a differ-
ent ſize or content, the empty herring-barrels now in hand ex-
cepted, ſhall be adjudged and taken to be an unlawful exporta-
tion, and fhall not entitle the exporter to any premium in refpect
of the fame.
XVI. Provided nevertheless, forafmuch as it may be convenient
for the merchants, for the better flowage in the ships in which fuch Herrings and
falmon may be
exportation of herring or falmon is made, to pack up some part thereof exported in
in half-barrels: be it enacted by the authority aforefaid, That half-barrels.
it ſhall and may be lawful to export herring or falmon in half-
barrels, according to the proportion of the barrels above-men-
tioned reſpectively, but in no other barrels or caſks of
any other
fize or content whatſoever; and they ſhall, by virtue of this act,
be entitled to a proportionable premium or drawback for every
fuch half-barrel, videlicet, half what they would be entitled to in
cafe the exportation had been made in whole barrels.
from the pits
XVII. And whereas by the faid laws relating to the duties on falt
it is provided, That no perfon whatsoever shall make use of any brine Brine carried
for the pickling or curing of any fish or flesh, or for preferving of any forcuring flesh
provifions, before the fame is boiled into falt for the better prevent- or fish to for-
ing frauds therein, be it further enacted by the authority afore- feit 40s. per
gallon.
faid, That every perſon who fhall carry or convey or cauſe any
brine to be carried or conveyed from the pits (other than fuch
perſon or perſons who are known proprietors of pans for boil-
ing the fame into white ſalt) ſhall forfeit and loſe the ſum of for-
ty fhillings for every gallon of brine fo carried and conveyed,
and fo proportionably for a greater or leffer quantity.
XVIII. And whereas by an act of parliament made in the Second
and third years of the reign of her late majesty Queen Anne, intituled, 2&3 Ann.c.14.
An act for the better fecuring and regulating the duties upon falt,
it is provided, That in cafe any ship or vessel fhould come into any port
of England, Wales or Berwick upon Tweed, from Ireland
or any other foreign part, having on board any quantity of falt, which
was taken in only for the neceffary provisions of the ship for fuch
voyage, or for curing of fish, it should be lawful for the master of
fuch
62
[1718.
Anno quinto GEORGII I. c. 18.
fuch fhip or veel to land the falt, fo as an entry fhould be made
thereof within ten days after his first coming into fuch port, and the
duties paid down or fecured for the fame before the fame or any part
thereof fhould be landed or taken out of any ship or vessel; nevertheless
for want of fufficient penalties to inforce obedience thereto, feveral
mafters of veffels, who fince the making the ſaid act have imported
fuch falt, have refuſed or neglected to enter and pay the duties for the
falt by them fo imported as aforefaid, within the time limited by the
Foreign falt
imported, tak..faid act: be it therefore enacted by the authority aforesaid, That
en in for ne- in cafe any mafter of any fhip or veffel, who thall, after the
celiary provi- twenty fourth day of June one thouſand feven hundred and
fion for the nineteen, import or bring into any port or place of Great Britain,
voyage, or for from Ireland or any other foreign part, any quantity of falt which
curing of fish,
not entred in' was taken in only for the neceffary provifions of the fhip for fuch
ten days, for- voyage, or for curing of fiſh as aforefaid, fhall refufe or neglect
feited and to enter and pay or fecure the duty for the fame, within ten
double the va- days after his firft coming into any fuch port or place, and before
lue.
No owner of
the fame or any part thereof thall be landed or taken out of any
fuch fhip or veffel, all the falt fo imported fhall be forfeited and
loft, and the mafter or other perfon, commander of the ſhip or
veffel wherein any fuch falt fhall be imported, or the owner or
importer of fuch falt, fhall likewife forfeit double the value
thereof.
XIX. And be it further enacted by the authority aforeſaid,
falt-works to That no proprietor or owner of falt-works, or who fhall have
act as juftice of any intereft in, or any rent, profit or benefit referved upon, iffu-
peace in mat-
ters relating ing out of or any ways arifing by any falt-pits, falt-works, ftore-
to falt duties. houfes or other places made ufe of by any maker, refiner, im-
&c.
porter or dealer in falt, fhall act as a juftice of the peace in any
matter or thing relating to the duties on falt, or any offence
committed againſt the laws relating to the fame.
XX. And be it further enacted, That all and every mafter
Maſter of hip and commander of any ſhip or veffel whatfoever, that from and
carrying falt
from Scotland after the four and twentieth day of June one thoufand ſeven
to England,or hundred and nineteen fhall tranfport or carry any foreign falt
coaltwife, fhall from Scotland or any of the islands thereunto belonging into
before landing England, or from any one place or port to any other port or
give a particu-
lar of the falt place within the kingdom of Great Britain, fhall, before he or
to the falt-of- they land or deliver fuch falt on fhore (by him fo tranfported or
ficer on oath, carried) deliver to the officers for collecting the duties on falt
in the faid port or place appointed to receive the ſame, a true
particular of the quantity fo tranfported and carried as afore-
faid, figned by the officers for collecting the faid duties on falt,
and by the officers of the customs for the port or place from
whence the faid fhip or veffel came; and then the mafter or his
mate, or the boatfwain of ſuch ſhip or veffel fhall make oath be-
fore the commiffioners for collecting the faid duties on falt or
their officers, fome or one of them (who are hereby impowered
to adminiſter the fame without fee or reward) that to his know-
ledge there hath not been laid on board or taken into the faid
fhip or veffel any falt fince he or they came from ſuch port as a-
fore-
-
1718.]
63
Anno quinto GEORGII I. c. 18.
.
:
forefaid; and in cafe fuch ſhip or veffel be to deliver one part of
her falt at one port and another part at another port or ports,
that then the officers for collecting the faid duties, and officers
of the cuſtoms where fuch falt fhall be delivered, fhall certify on
the backfide of the cocquet, Tranfire or other warrant, or elſe by
certificate only under the hands and feals of the officers, how
much and what quantity of the falt mentioned in the cocquet,
Tranfire or other warrant, from the port from whence fuch ſhip
or veffel came, hath been there landed and delivered, upon the
penalty of forfeiting double the value of the falt that fhall be
otherwiſe delivered, and ten fhillings per bufhel.
cocquet, and
XXI. And be it further enacted, That it fhall and may be Salt-officers
lawful to and for the officer and officers of the faid duties on ſalt, may demand a
fight of the
at every unlading port or creek of fuch fhip or veffel, to go on
board the fame before the delivery thereof, and to demand a weigh the falt.
fight of fuch cocquet ſo to be given as aforefaid, and to weigh
the falt upon unlading the fame; and if the falt on the weighing
the fame ſhall be found to be more in weight than what is con-
tained in the ſaid cocquet, that then the furplufage that fhall
exceed the quantity contained in the faid cocquet, fhall be for-
feited; the one moiety thereof to the ufe of his Majefty, his
heirs and fucceffors, and the other moiety thereof to the perfon
that ſhall inform or fue for the fame; and if the maſter of ſuch Maſter refuſ-
ſhip or veſſel ſhall refufe to fhew unto fuch officer the faid coc-ing,officermay
quet, upon due requeſt made, to the end he may fee whether ſeize the falt
the falt fo unlading be the fame quantity with that contained in till cocquet
the cocquet, That then and in fuch caſe it ſhall be lawful for produced, &c.
the faid officer to feize the faid falt and detain the fame, until
the faid cocquet be produced: provided always, That if the
ſaid cocquet, having been duly taken out, be not fhewn to fuch
officer in four days after the feizure thereof, That then and in
fuch cafe the falt fo feized fhall be forfeited.
XXII. And whereas the importers of foreign falt do, after they
come into port, and before they enter and land the fame, or proceed
further on their voyage to fome other port, frequently run falt in boats
and other fmall vessels in the night-time; and if the officers difcover
the fame, the perfons on board fuch boats or other vessels not only refuse
to fuffer the officers to come on board to fee if they have any falt in
their veffels, but frequently beat and abuſe them: be it enacted by
the authority aforefaid, That from and after the four and twen- Officers of the
tieth day of June one thouſand ſeven hundred and nineteen, it cuſtoms or falt
ſhall and may be lawful to and for the officers of the cuſtoms, may go on
or the officers of the duties on falt, and every of them, to go on board any vef-
board any boat, lighter or other veffel lying in any port or place there be any
or riding upon the fea-coafts, and to fearch the fame, and to fee falt there, &c.
if there be any falt on board, and to feize fuch falt, in cafe the
fame be found in any other veffel than that wherein fuch falt
was imported or brought into the faid port or place, unleſs the
fame had been duly entred or the duties paid or fecured; and
all fuch falt fhall be forfeited and loft, or the value thereof, to be
recovered of the mafter or owner of fuch boat or veffel, who
6
fhall
fel, to fee if ›
}
64
[1718,
Anno quinto GEORGII I. c. 18.
ſhall likewiſe be liable to all other penalties and forfeitures, as
if the fame had been landed without entring or payment of the
Hindring offi- duty; and every perfon or perfons who fhall obftruct or hinder
cer forfeits40l. any officer or officers in going on board any fuch boat or veſſel
and fearching the fame, fhall for every fuch offence forfeit and
lofe the fum of forty pounds.
Ann. c. 14.
XXIII. And whereas by an act made in the fecond year of the
Recital of the reign of her late majesty Queen Anne, intituled, An act for the
falt-act, 2 & 3 better fecuring and regulating the duties on falt, reciting, That
great fums of money were paid out of the duties upon falt on account
of debentures for falt ſhipped to be exported to foreign parts, which
Jalt was afterwards very often fraudulently relanded on the coafts of
England and Wales: it is enacted, That no falt whatfoever, being
of the produce or manufacture of England, Wales, Berwick upon
Tweed, Scotland or Ireland, nor any other falt coming from Ire-
land, Scotland or the Isle of Man fhall, after the firſt day of June
one thouſand ſeven hundred and four, be imported or brought into any
port or place within England, Wales or Berwick upon Tweed, nor
taken out of any ſhip or veſſel, nor put on shore within any of the
faid ports or places, upon pain that all the falt fo imported or brought
in, taken out of any ship or vessel, or landed or put on fhore contrary to
the true intent and meaning thereof, fhall be forfeited and loft; and
that the ſhip or vessel in which any fuch falt fhall be fo imported or
brought in, or out of which any fuch falt ſhall be taken or put on
Shore, together with all her tackle and apparel, fhall also be forfeited
and loft; and every perſon that ſhall take any fuch falt out of any
fuch ship or vessel, or carry the fame on shore, or convey the fame
from the fhore when landed, or be aiding or affifting therein, fall
forfeit the fum of twenty pounds for every fuch offence or ſuffer fix
months imprisonment: and whereas fome doubts have arifen, whether
English falt, which is not actually exported to parts beyond the feas,
but only put on board boats, barges, Ships or other veffels, in order
to be exported, be within the intent and meaning of the faid act,
although the revenue in fuch cafe is liable to as great frouds: and
whereas great frauds are frequently committed in relanding fiſh after
the fame are exported or shipped to be exported, for want of a fuffi-
cient provifion for preventing thereof, be it enacted by the au-
No falt or fifh,
thority aforefaid, That no falt or rock-falt whatſoever, nor any
after being put
on board, to herrings, pilchards, fcads, codfish, ling, hake, falmon, or
be taken out dried red fprats whatſoever ſhall, after the fame be put on board
or put onfhore, any boat, barge, fhip or veffel whatfoever, in any river, port
but in the pre- or place in Great Britain, in order to be exported to parts beyond
the feas, from and after the four and twentieth day of June one
thouſand ſeven hundred and nineteen, be taken out of fuch
boat, barge, ſhip or veffel, otherwiſe than to put fuch fish into
the ships in which the fame are to be exported, nor put on thore
within any of the faid ports or places, except in the prefence of
fome officer of the falt-duties, under the fame penalties and
forfeitures as in and by the faid laſt recited act is directed and
appointed.
fence of a falt
officer.
XXIV. And whereas the importers of foreign falt do frequently
run
1
1718.]
65
Anno quinto GEORGII I. c. 18.
1
fhore before
run the fame on ſhore without entry or payment of duty; which evil 2 & 3 Ann. c.
practice might in a great meaſurè be prevented, if more fuitable penal- 14. Foreign
ties were provided for difcouraging the fame: be it therefore enacted falt put on
by the authority aforefaid, That in cafe any foreign falt fhall entry, forfeits
be landed or put on fhore before due entry be made thereof with 100l.
the collector or officer appointed for the faid duties on falt in
the port or place where the fame fhall be imported, or before
the duty thereon be fully fatisfied and paid, or without a war-
rant for the landing thereof, every perſon who ſhall land or
put the fame on fhore, or convey the fame from the ſhore when
landed, or be aiding or affifting therein, fhall, over and above
the penalties already given by law for fuch offence, forfeit and
loſe the ſum of one hundred pounds.
fect. iz. Ann.
XXV. And whereas in the laws relating to the falt-duties it is On reshipping
provided, That falt fhipped to be carried coaftwife from one port to of falt, mafter,
&c.tobefworn,
another shall not be landed till the master bath produced a certificate of &c. 5 & 6 W.
the quantity of falt put on board at the port from whence he came, and & M. c. 7.
hath made oath, that there hath not been any falt taken in fince; but ſect. 9. 9 & 10
there is no provifion made to regulate boats and barges that take in falt W. 3. c. 44.
to be carried down any river, in order to be put on board any ship as ftat. 1. C. 21.
aforefaid: be it therefore enacted by the authority aforefaid,
That upon the refhipping any falt, Britiſh or foreign, or any
rock-falt, from any boat, barge, trow, lighter or other veffel
into any other ſhip or veffel, and before any diſpatches be grant-
ed for the falt fo refhipped, the mafter, mate, chief bargeman
or chief boatman, that comes along with the falt that is to be
fhipped on board another veffel, fhall make oath before the of-
ficer of the falt-duties (who is hereby impowered to adminifter
the fame) that all the falt or rock-falt that he took in or loaded
at the place of loading (mentioning the quantity) is truly re-
ſhipped on board the veffel that he fhall refhip it on, and that
there was no falt or rock-falt added to it or taken from it at ſuch
place of loading, or fince he came from it, to the best of his
knowledge and belief, under the penalty of forfeiting double
the value of the falt that ſhall be otherwife refhipped, and like-
wife ten fhillings per bushel.
Penalty.
XXVI. And be it further enacted by the authority aforefaid, Diftribution of
That all penalties and forfeitures given by this act, or any forfeitures.
other law relating to the duties upon falt (except where it is o-
therwiſe directed by this act) fhall be diſtributed in manner fol-
lowing (that is to fay) one moiety thereof to his Majelty, his
heirs and fucceffors, and the other moiety to the officer and of-
ficers who fhall ſeize, fue or inform for the fame, to be ſued for,
recovered and levied, in ſuch manner and form, and with ſuch
power of mitigation, as any fine, penalty or forfeiture may be
fued for, recovered, levied and mitigated by any law of excife,
or by action of debt, bill, plaint or information, in any of his
Majefty's courts of record at Westminster; and all and every of
ficer and officers for the faid duties on falt, are hereby authorized
and impowered to feize all falt and other things which by this
or any other act or law relating to the duties on falt are declared
to be forfeited.
XXVII. And
VOL. XIV.
F
!
66
[1718.
Anno quinto GEORGII I. c. 19.
XXVII. And be it enacted by the authority aforefaid, That
if any perſon or perſons ſhall at any time be fued or profecuted
for any thing by him or them done or executed, in purſuance
of this or any other ſtatute relating to the duties upon falt, or the
General iſſue. powers thereby given, he or they fhall or may plead the general.
iffue, and give this act and the ſpecial matter in evidence for his
defence; and if upon trial a verdict pafs for the defendant or
defendants, or the plaintiff or plaintiffs become nonfuit, diſ-
continue, or forbear profecuting the faid actions, then fuch de-
fendant or defendants fhall have double cofts to him or them a-
warded againſt ſuch plaintiff or plaintiffs, for which coſts he ſhall
have remedy, as in other cafes where cofts are by law given to
defendants.
8 Ann. c. 4.
Farther provi-
fions made con-
cerning the
matters in this
act, by 6 Geo.
1. c. 4, & 10
II. f. 49.
CAP. XIX.
An act for redeeming the fund appropriated for payment of
the lottery-tickets which were made forth for the fervice
of the year one thousand feven hundred and ten, by a vo-
luntary fubfcription of the proprietors into the capital
Stock of the South-Sea company; and for raifing a fum of
money to pay off fuch debts and incumbrances as are there-
in mentioned; and for appropriating the ſupplies granted
in this feffion of parliament; and to limit times for profe-
cutions upon bonds for exporting cards and dice.
M
OST gracious Sovereign, Whereas by an act of parliament
made and paſſed in the eighth year of the reign of her late ma-
jesty Queen Anne, of bleffed memory, intituled, An act for continu-
ing part of the duties upon coals, culm and cynders, and grant-
ing new duties upon houfes having twenty windows or more, to
raife the fum of fifteen hundred thousand pounds, by way of a
lottery, for the fervice of the year one thouſand ſeven hundred
and ten, it was enacted, That for and during the term of thirty two
years, which commenced from the twenty ninth day of September in
the year of our Lord one thouſand ſeven hundred and ten, there should
be raiſed, levied, collected, and paid to her faid late Majeſty, her heirs
and fucceffors, for and upon all coals, culm and cinders therein expreff-
ed (except charcoal made of wood) the feveral and respective additional
or new impofitions, rates, duties and fums of money, in that act parti-
cularly mentioned; and for and upon every dwelling-houſe inhabited,
that then was, or thereafter ſhould be erected or built within the king-
dom of Great Britain, having twenty windows or more, the feveral
new duties in that act expreſſed: and it was thereby enacted, That year-
ly and every year, during the faid term, the full fum of one hundred
thirty five thousand pounds, by or out of the monies to arife by the faid
Several and refpective duties, and to be brought into the receipt of the
exchequer, in cafe the fame should extend thereunto, fhould be the whole
and intire yearly fund; and in cafe all the monies arifing into the ex-
chequer of or for the faid duties, fhould not amount to one hundred and
thirty five thousand pounds per annum, then the monies fo ariſing, ſo
far as the fame would extend, ſhould be part of the yearly fund for
and
1718.]
Anno quinto GEORGII I. C. 19.
67
[
and towards anſwering or paying the annuities therein after mention-
ed; and in cafe the faid duties should at any time or times appear to
be fo deficient or low in the produce of the fame, as that within any
one year the faid monies arifing into the exchequer for or upon account
of the fame duties, ſhould not amount to fo much as one hundred thirty
five thousand pounds, or to fo much as fhould be fufficient to diſcharge
and fatisfy all the annuities by that act appointed or intended to be paid,
within or for the fame year refpectively, That then and fo often,
and in every fuch cafe, fo much as should be wanting to make up the
faid fund for every year or any fuch year, ſhould be ſupplied and made
good, from time to time, out of the first aid to be granted in parliament
next after fuch deficiencies fhould appear, and ſhould from time to time,
be transferred thereunto as foon as the fame fhould be granted: and it
was thereby enacted, That it should and might be lawful for any per-
fon or perfons, natives or foreigners, bodies politick or corporate, to
contribute for or towards advancing the fum of fifteen hundred thou-
fand pounds therein mentioned, by paying at or before the first day of
September one thousand feven hundred and ten, to the receiver or re-
ceivers to be appointed for that purpoſe, the fur of ten pounds, or di-
vers entire fums of ten pounds upon that act, for which he, he or
they, for thirty two years, fhould be entitled to receive a fhare or divi
dend of the faid yearly fund; and that lottery-tickets fhould be prepared
and drawn, and the fhares of the adventurers in the faid fund fhould
be determined and aſcertained in the manner thereby preſcribed, as by 8 Ann. c. 4ª
the ſaid act, relation being thereunto bad, may more largely appear :
and whereas the fum of fifteen hundred thousand pounds was contribut
ed upon the faid act, and the annuities payable out of the faid fund
by virtue thereof, do amount as is herein after mentioned (that is to
fay) to the ſum of thirty two thouſand fix hundred twenty five pounds
per annum, payable half-yearly, to wit, at Lady-day and Michael-
mas, by equal portions, or within twenty days after every fuch feast=
day, in respect of the fortunate tickets; and to the fum of one hundred
and two thoufand three hundred seventy three pounds and twelve
Shillings per annum, payable at Michaelmas yearly, or within
twenty days after the fame feaft-day, in refpect of the tickets which
did not prove to be fortunate upon drawing of the faid lottery, pur-
fuant to the faid act: and whereas other tickets, commonly called
pay-tickets, directed by the faid act, have been made forth for payment
of the faid refpective annuities at the refpective times before-mention-
ed, and all the faid annuities payable out of the faid fund are fatisfied
until and for the feast of St. Michael the archangel in the year of
our Lord one thousand feven hundred and feventeen, and no further;
and the fum of one hundred fixty eight thouſand ſeven hundred forty
eight pounds and five fillings, is due and in arrear thereupon, by
computing the fame annuities for one year and a quarter of a year
from the faid feast of St. Michael the archangel one thouſand feven
hundred and feventeen, until and for the feast of the birth of our Lord
Chrift one thousand feven hundred and eighteen: and whereas the
capital or joint-ſtock of the governor and company of merchants of
Great Britain, trading to the South-Seas and other parts of Ame-
rica, and for encouraging the fishery, doth now amount to the sum of
F 2
ten
68
[1718.
Anno quinto GEORGII I. C. 19.
ten millions, and in respect thereof a yearly fund of five hundred
thousand pounds is payable to the faid governor and company, after
the rate of five pounds per centum per annum, befides a yearly fum
of eight thousand pounds, for or towards the charges of the faid
governor and company for management, fubject nevertheless to fuch
provifces and powers of redemption, as are contained in one act of
3 Geo. 1. c. 9. parliament of the third year of your Majesty's reign, made (amongst
other things) for redeeming the yearly fund of the South-Sea com-
pany, being then after the rate of fix pounds per centum per annum,
and fettling on the faid company a yearly fund after the rate of five
pounds per centum per annum, redeemable by parliament, as by the
Several acts of parliament, whereupon the faid capital or joint-flock,
and the faid yearly fund of five hundred thousand pounds, and the faid
yearly Jum of eight thousand pounds, and the faid powers of redemp-
tion, are grounded, relation being thereunto feverally had, may more
fully appear: and whereas the corporation of the faid governor and
company of merchants of Great Britain, is willing (upon fuch terms,
conditions and encouragements, as are hereafter in and by this act pro-
vided and enacted) to permit all and every or any fuch perfons as are,
or at any time before the twentieth day of June one thousand feven
hundred and nineteen shall be the proprietors of the faid lottery-an-
nuities, or any of them, for the refidue of the jaid term of thirty-two
years (that is to fay) for twenty three years and three quarters of a
year, to be reckoned from the feast of the birth of our Lord Chrift
one thousand feven hundred and eighteen (in cafe fuch proprietors, or
any of them, do fo think, fit) to fubfcribe his, her or their right,
property and intereft, for and during all fuch remaining time or term
of and in every or any fuch annuity or annuities, and of and in all his,
ber or their faid pay-tickets for the fame, during fuch refidual time or
term, into a book or books to be provided, as hereafter in this act is di-
rected, at the rate of eleven years purchase and a half, fo that he,
The or they fo ſubſcribing, for every twenty fhillings per annum fo
fubfcribed for the faid time or term of twenty three years and three
quarters of a year, ſhall have and be entitled to eleven pounds and ten
pillings in the capital or joint-stock of the faid company, when the ſaid
capital or joint-stock shall be increaſed, according to the purport and
true meaning of this act, and proportionally for any greater or leffer
annuities which shall be ſo fubfcribed; and the faid corporation is alſo
willing (upon the faid terms, conditions and encouragements herein af-
ter mentioned) to permit all and every, or any fuch perfons as are, or
at any time before the faid twentieth day of June one thousand feven
hundred and nineteen, ſhall be proprietors of the faid fum of one hun-
dred fixty eight thousand feven hundred forty eight pounds and five
fbillings, computed to be in arrear, as aforefaid, or any part thereof,
to fubfcribe the fame into the faid book or books, fo that every fuch fub-
feriber, for the fum fo fubfcribed in part of the faid fum of one hundred
fixty eight thousand feven hundred forty eight pounds and five fhil-
lings, fhall have and be entitled to the like fum in the faid increaſed
capital stock of the faid company, according to the purport and true
meaning of this act and in order to raise money to be applied to-
wards diſcharging the principal and intereſt of ſuch national debts
1
and
1718.] Anno quinto GEORGII I. c. 19.
69
:
ſtock.
tional debts
and incumbrances as were incurred before the twenty fifth day of
December one thousand feven hundred and fixteen, declared to be
national debts, and provided for by acts of parliament, the faid
corporation is alfo willing to advance and pay the fum of ſeven hun-
dred feventy eight thouſand ſeven hundred and fifty pounds, or fo
much thereof as is herein after limited and appointed, at fuch times,
and by fuch proportions at a time, as are herein after mentioned, fub-
ject nevertheless to fuch deductions, defalcations and abatements to
be made out of the fame, as are hereafter in and by this act allowed:
now we your Majeſty's moſt dutiful and loyal fubjects the Proprietors of
commons of Great Britain in parliament affembled, being de- lottery-tickets
firous that the proprietors of the faid lottery-annuities, and 8 Ann. may (if
they think fit)
the ſaid arrearages thereof (if they or any of them ſo think fit) fubfcribe the
may be permitted voluntarily to fubfcribe the fame into the fame into the
ſtock and increaſed ſtock of the faid company, as aforefaid; South-Sea
and that the faid fum of feven hundred feventy eight thoufand The fum of
ſeven hundred and fifty pounds, or fo much thereof as fhall 778,750l. to be
be payable by the faid company in purſuance of this act, applied to dif-
may be applied towards diſcharging the principal and intereſt charge na-
of fuch national debts and incumbrances as were incurred before incurred be-
the twenty fifth day of December one thouſand ſeven hundred fore 25 Dec.
and fixteen, declared to be national debts, and provided for by 1716.
acts of parliament; and being willing to give fuitable encourage-
ments to the faid corporation in confideration thereof, do moſt
humbly preſent to your Majefty the feveral impofitions, rates and
duties herein after mentioned, and do humbly pray your Maje-
ſty that it may be enacted; and be it enacted by the King's moft
excellent majefty, by and with the advice and confent of the lords
ſpiritual and temporal and commons, in this preſent parliament
affembled, and by the authority of the fame, That all fuch Duties on
ſeveral and reſpective impofitions, rates and duties, for and up- coals and
on all coals, culm and cinders, and for and upon every dwelling- houfes 8 Ann.
houſe inhabited, that now is or hereafter ſhall be erected or built
within the kingdom of Great Britain, having twenty windows
or more, as were granted, impofed, continued or directed by the
faid act of the eighth year of her ſaid Majeſty's reign for the
term or terms of years therein mentioned (except as therein is
excepted) fhall continue, and be paid and payable to his Maje-
fty, his heirs and fucceffors for ever, for the purpoſes in this act
preſcribed and directed; and ſhall be raiſed, levied, collected and Theſe duties
paid to his Majesty, his heirs and fucceffors, in the fame man- how to be
ner, and method and form, and at fuch places, and by fuch raiſed.
rules, ways and means, and under fuch penalties, forfeitures
and diſabilities as are mentioned, expreffed or referred unto,
in or by the faid recited act of the eighth year of her faid late
Majefty's reign; and that all the powers, authorities, rules, di-
rections, penalties, forfeitures, diſabilities, claufes, matters and
things whatfoever, contained in the faid act of the eighth year 8 Ann. c. 4.
of her faid late Majeſty's reign, or thereby referred unto, now
being in force for raifing, collecting, levying, recovering, an-
fwering, paying, and accounting for the faid feveral impofitions,
F 3
rates,
c. 4. made
perpetual,
70
Anno quinto GEORGII I. C. 19,
[1718.
rates, duties and fums of money, as well upon coals, culm and
cynders, as upon houfes having twenty windows or more,
during the term or terms aforefaid (except as is before excepted)
fhall be revived, and be for ever continued, practiſed, and put in
execution, for raiſing, collecting, levying, recovering, anſwering,
paying and accounting for the faid feveral impofitions, rates
and duties, by this act intended to be continued and made per-
petual, for the purpoſes in and by this act preſcribed and direct-
ed, in the fame manner, and as fully and effectually, as if the
fame powers, authorities, rules, directions, penalties, forfeitures,
diſabilities, claufes, matters and things, were particularly and
at large fet down and re-enacted in this act; the faid act of the
eighth year of her faid late Majefty's reign, or any other law or
ftatute to the contrary notwithſtanding; nevertheleſs the faid
feveral impofitions, rates, duties and fums of money by this act
intended to be continued and made perpetual, as aforefaid, fhall
be fubject to fuch provifoes and powers of redemption, as are
hereafter in and by this act contained and preſcribed of and
concerning the fame.
II. And be it further enacted by the authority aforefaid,
The money to
be paid into That all the monies arifing of or for the faid impofitions, rates
theexchequer, and duties hereby intended to be continued and made perpetual,
fubject to fuch redemption, as aforefaid, (except the neceffary
charges of raifing, collecting, levying, recovering, anfwering,
paying and accounting for the fame) fhall, from time to time,
be brought into the receipt of the exchequer for the ufes and
purpoſes in this act prefcribed; and fhall, from time to time, be
fairly and diftinctly entred and regiftred in one or more book or
books to be kept in the offices of the auditor of the receipt, and
clerk of the pells, feverally, for that purpoſe, to which all perfons
concerned, at all feaſonable times, fhall have free accefs without
fee or charge.
III. And it is hereby alfo enacted, That all the monies, which
All the monies
from and after the faid feaft of the birth of our Lord Chriſt one
oftheſe duties,
after Chrift- thouſand ſeven hundred and eighteen fhall be brought into the
mas 1718, ap- exchequer, or fhall be then remaining there, of or for the faid
propriated.
feveral impofitions, rates and duties, by this and the faid former
& Ann. c. 4. act of the eighth year of her late Majefty's reign, or either of
them, granted or continued, as aforefaid, (except the neceffary
charges of iffuing and applying the ſaid monies to the ufes and
purpoſes by this act intended and directed, and rendring the ac-
counts thereof, and after paying or referving in the exchequer,
monies fufficient to pay all arrears of the faid pay-tickets due,
at and for or before the feaſt of Saint Michael the archangel one
thouſand ſeven hundred and feventeen) fhall be and are hereby
appropriated, and fhall be iffued and applied to and for the fatis-
faction of ſuch ſeveral and reſpective payments as are by this act
directed, in their due order, method and form, and with fuch
preferences, and ſubject to fuch redemptions, as are in and by
this act preſcribed of and concerning the ſame reſpectively, and
without any fee or charge whatfoever to be demanded of, or
paid
1718.]
71
Anno quinto GEORGII I. c. 19.
paid by the reſpective perfons or corporations who are to receive
the faid monies; and that the reſpective officers of the exche-
quer, who ſhall make any delay in iffuing or paying of the fame, Penalty on ex-
or fhall be guilty of diverting or mifapplying any of the faid chequer offi-
monies, contrary to this act, for any fuch offence fhall be fore-cers mifap-
plying.
judged from their refpective offices or places, and be rendred
incapable to ſerve his Majefty, his heirs or fucceffors, in any of-
fice or employment of truft or profit whatſoever, and ſhall alſo
be liable to pay double the value of any ſum or ſums of money
fo delayed, diverted or miſapplied, to the party grieved; to be
recovered by action of debt, or upon the cafe, bill, fuit or infor-
mation, in any of his Majefty's courts of record at Westminster,
wherein no effoin, protection, wager of law, or more than one
imparlance ſhall be granted or allowed.
Treaſury to appoint managers for the fubfcriptions, &c. Managers to
prepare books for fubfcriptions. Subfcribers to have free acceſs to thole
books. EX P.
tickets may
them under a
VI. And be it enacted by the authority aforefaid, That fuch Proprietors of
perfons or corporations, being proprietors of all or any of the the lottery-
faid lottery-annuities, for the faid term of twenty three years fubfcribe
and three quarters of a year, who are or ſhall be willing or de-
firous to accept (in lieu thereof) a fhare or ſhares, to be com- proper pre-
puted after the rate of eleven years purchaſe and an half, of and face in the
in the capital ſtock of the ſaid company, when it ſhall be in- books,
creaſed, according to the purport and true meaning of this
act; and that fuch perfons or corporations being proprietors of
all or any part of the faid arrears computed for the year and
a quarter, ending at the faid feaſt of the birth of our Lord Chriſt
one thouſand feven hundred and eighteen, amounting to the
fum of one hundred fixty eight thoufand feven hundred forty
eight pounds and five fhillings, as aforefaid, be the fame more
or leſs, who are or fhall be willing and defirous to accept (in
lieu thereof) a fhare or ſhares (equal to the amount of fuch his, A fum attended
her or their arrear) of and in the ſaid increaſed ſtock of the faid with annuities
company, fhall or may by themſelves refpectively, or by fuch of 87,3421. 45.
5d. was fub-
perfon or perfons as they reſpectively fhall think fit to imploy or scribed in purfu-
intruſt in this behalf, ſubſcribe ſuch annuity for the ſaid term of ance of this act,
twenty three years and three quarters, and fuch arrears incur- and a further
red or to be computed until and for the faid feaſt of the birth of ſum in purſu-
ance of 6 Geo.
our Lord Chriſt one thouſand ſeven hundred and eighteen, or
any part thereof, under a proper preface or prefaces, in the book
or books to be opened for that purpoſe, as aforefaid, by ſub-
fcribing their names and places of abode, with other proper ad-
ditions, within the time before-mentioned.
Executors, &c. may make fubfcriptions for teftators, &c. Subſcribers to
indorſe their names on the backfide of the pay tickets. Pay-tickets fo in-
dorfed, to be delivered up, and receipts to be given for them. Bearers of
the pay-tickets, &c. to be deemed the lawful owners. Managers by 31
Dec. 1719. to give duplicates of the fubfcriptions to the auditor of the re-
ceipt, and the books with fubfcriptions to the directors of the South Sea
F 4
com,
I. C. 4.
72
[1718,
Anno quinto GEORGII I. C.19.
Subfcribers
South-Sea
encreaſed
tock.
:
1
company. Pay-tickets indorfed, with a duplicate of the books, to be de-
livered to the auditor. Treaſury to tranfmit attefted lifts of annuities, &c.
not ſubſcribed, to the company's caſhier, by 25 March 1720, EX P.
XI. And be it further enacted by the authority aforefaid, That
entitled to all and every perſon and perſons, natives or foreigners, bodies
fhares in the politick or corporate, by or for whom ſuch ſubſcriptions ſhall
be made as aforefaid, and for which the pay-tickets fhall be de-
livered up as aforefaid, his, her and their executors, adminiftra-
tors, fucceffors and affigns refpectively fhall have and enjoy, and
be entitled to have and enjoy, of and in the ſaid increaſed capi-
tal or joint ſtock of the faid company, fuch reſpective ſhares as
are herein after-mentioned, that is to fay, for the faid term of
twenty three years and three quarters of a year, fo fubfcribed,
of and in every or any fuch annuity, a fhare to be computed af-
ter the rate of eleven years and an half, amounting to eleven
pounds ten fhillings for every twenty fhillings per annum, and
proportionally for fuch greater or leffer annuities; and for every
fum of money fo fubfcribed, as part of the faid fum, computed
to amount to one hundred fixty eight thouſand ſeven hundred
forty eight pounds and five fhillings, in arrear as aforefaid, a
fhare equal to the amount of the ſum ſo ſubſcribed; and in re-
ſpect of ſuch ſhares fhall be deemed and taken to be members
of the faid corporation of the faid governor and company of
merchants of Great Britain trading to the South-Seas and other
parts of America, and for encouraging the fishery; and be in-
corporated into the fame; and fhall, in proportion to the fame
fhares reſpectively, have and be entitled to the like powers and
benefits, privileges and advantages, as other members of the
faid corporation do or ought to enjoy in reſpect of their ſhares
in the faid ftock, (except as herein after is excepted).
national
debts.
!
6 Geo. 1. c.10.
Company to
XII. And to the end money may be raiſed to be applied towards dif-
pay into the charging the principal and intereft of fuch national debts and incum-
exchequer
778,750 1. for brances as are before-mentioned: be it further enacted by the au-
discharging thority aforefaid, That the faid corporation ſhall advance and pay
into the receipt of the exchequer, for the purpoſe laſt-mention-
ed, the full fum of feven hundred feventy eight thoufand feven
hundred and fifty pounds, or fo much thereof as fhall remain
after ſuch deductions, defalcations and abatements as are here-
after in and by this act allowed to be made out of or from the
fame; fuch payment to be made by fuch proportions and at fuch
Times of pay-times as are herein after appointed for payment thereof; (that is
to fay) one full and equal moiety or half-part thereof on or be-
fore the thirtieth day of July one thouſand feven hundred and
nineteen, one full and equal quarter or fourth part of the whole
fum on or before the one and thirtieth day of October one thou-
fand ſeven hundred and nineteen, and the remaining full and
equal quarter or fourth part of the faid whole fum fo to be paid
by the faid corporation, and in full payment thereof, on or be-
fore the one and thirtieth day of January one thouſand feven
hundred and nineteen.
XIII. Pro-
ment.
!!
A
1718.] Anno quinto GEORGII I. C. 19.
73
be not fub-
XIII. Provided always, and it is hereby declared and enact- If all the an-
ed by the authority aforefaid, That if all the faid lottery-annui- nuities, &c.
ties for the faid term of twenty three years and three quarters of fcribed by
a year, and all the faid arrearages, computed to amount to one 20 June 1719,
hundred fixty eight thouſand ſeven hundred forty eight pounds Company to
and five fhilings as aforefaid, ſhall not, on or before the faid advance pro-
portionally to
twentieth day of June one thouſand ſeven hundred and nineteen, the annuities
be ſubſcribed as aforefaid, to be converted into ſtock at the re- fubfcribed.
ſpective rates aforefaid, purſuant to the purport and true mean-
ing of this act, then the faid corporation fhall be obliged, by
virtue of this act, to advance and pay into the faid receipt of
exchequer ſo much of the ſaid ſum of feven hundred ſeventy eight
thouſand ſeven hundred and fifty pounds, for the purpoſe laſt-
mentioned, as fhall bear proportion to the lottery-annuities and
arrearages fo to be fubfcribed at the refpective rates aforefaid,
and no more; (that is to fay) as the fum of one million feven
hundred twenty one thouſand two hundred and fifty pounds,
being the computed value of all the faid lottery-annuities and ar-
rearages, is to the faid fum of feven hundred feventy eight thou-
fand feven hundred and fifty pounds, fo the value of the faid
lottery-annuities and arrearages which fhall be actually ſubſcrib-
ed, being computed at the rates aforefaid, fhall be to the fum
which the faid corporation fhall advance, for and towards pay-
ing off the faid debts and incumbrances; and that fuch of the
faid lottery-annuities and arrearages, as fhall not be fubfcribed Annuities not
to be converted into ſtock as aforefaid on or before the ſaid fubfcribed to
be paid out of
twentieth day of June one thouſand ſeven hundred and nineteen,
the produce
fhall be paid and payable out of the produce of the faid duties, of the duties.
at fuch times and in fuch manner and courfe of payment, as
the fame ought to have been paid, if this act had not been
made.
ducted for the
XIV. Provided alfo, and it is hereby declared and enacted Out of the
by the authority aforefaid, That out of the first monies of the firft money to
faid fum of ſeven hundred ſeventy eight thouſand ſeven hundred the exchequer
be paid into
and fifty pounds, or of or for the faid proportional part there- 37,500l. or a
of, which fhall be payable by the faid company into the exche- proportional
quer, purſuant to this act, for paying off debts and incum- part, to be de-
brances as aforefaid, the full fum of thirty ſeven thouſand five ufe of the
hundred pounds, or fo much thereof as fhall bear proportion to company.
the value of the lottery-annuities and-arrearages which ſhall be
actually fubfcribed as aforefaid, at the rates before-mentioned,
fhall and may be deducted, defalked and recouped to and for
the fole uſe and benefit of the faid corporation, and for the fole
benefit and advantage of all the members thereof (as well the
preſent members as thofe to be incorporated into the fame com-
pany by virtue of this act).
XV. And whereas by the faid act of the third year of his Maje- How deficien-
jefty's reign for redeeming the then fund of the faid corporation, it is cies fhall be
enacted, That if at any time or times the produce of the duties and re- made good.
venues therein mentioned fhould be fo low or deficient, as that the mo-
3 Geo. I. c. 9.
pey arifing thereby at the exchequer should not extend or be fufficient,
74
Anno quinto GEORGII I. c. 19. [1718.
according to that act, to pay and difcharge or to complete the pay-
ment at the end of any quarter of a year, of all the money which should
be then due, as well for or upon the above-mentioned yearly fund of
five hundred thousand pounds and the above-mentioned yearly fum of
eight thousand pounds, then and ſo often and in every fuch cafe, the
deficiency of any fuch quarter ſhould and might be ſupplied out of the
overplus monies of the faid duties and revenues arifing in any fubfe-
quent quarter; and in default thereof by the space of half a year, then
all and every fuch deficiency and deficiencies should be fupplied and made
good from time to time by or out of the general yearly fund by another
3 Geo. 1. c. 7. act of that feffion of parliament eſtabliſhed or intended to be established
9Ann. c.6,23. for redeeming the duties and revenues then charged or chargeable in
10 Ann, C. 19, and by ſeveral lottery-acts of the ninth and tenth years of her ſaid late
26.
Majefty's reign, and certain annual payments out of the hereditary ex-
cife in the faid act of that feffion mentioned, or out of money to be raif-
ed at the exchequer for purchaſing an annuity or annuities after a rate
not exceeding five pounds per centum per annum, for every fuch de-
ficiency; which annuity or annuities should, by virtue of the faid act,
be charged on the faid general yearly fund, and be payable and tranſ-
ferrable at the bank of England, as other annuities payable out of the
Jaid general yearly fund were intended by the faid other act of the faid
Seffion to be payable and transferrable until the redemption thereof by
3 Geo. 1. c. 9. parliament, as by the faid act of the third year of his Majesty's reign for
redeeming the then fund of the faid corporation may more fully appear:
now it is hereby further provided, declared and enacted, That
out of the first payment of the faid fum of feven hundred ſeven-
ty eight thouſand ſeven hundred and fifty pounds, or of or for
the faid proportional part thereof, to be paid by way of advance
into the exchequer as aforefaid, ſo much as at the twenty-fourth
day of June one thouſand feven hundred and nineteen fhall be
deficient to make good the fums then incurred and grown due
for or upon the faid yearly fund of five hundred thouſand
pounds, and for or upon the faid yearly ſum of eight thouſand
pounds mentioned in the faid former act, and for and upon the
additional or increaſed yearly fund and yearly fum by this act
intended to be paid to the faid company, or fuch part of the
fame deficiencies as fhall bear proportion to the value of the lot-
tery-annuities and arrearages which fhall be actually fubfcribed
as aforesaid, at the rates before-mentioned, purſuant to this
act, fhall and may be deducted, defalked and recouped for or
towards fatisfying and making good the ſaid deficiencies of the
faid yearly funds and yearly fums fo growing due at or before
the faid twenty fourth day of Fune one thouſand ſeven hundred
and nineteen; and that out of each fubfequent payment of the
ſaid ſum of ſeven hundred feventy eight thouſand feven hundred
and fifty pounds, or of or for the faid proportional part thereof,
to be paid by way of advance into the exchequer as aforesaid, fo
much as at and for the quarter-day next preceding the refpec-
tive times hereby limited, for making thoſe fubfequent pay-
ments reſpectively, fhall be deficient to make good the fums
then incurred and grown due for or upon the faid yearly funds
:
and
I
1718.] Anno quinto GEORGII I. C. 19.
75
.....
A
and yearly fums by this and the faid former act payable to the
faid corporation, fuch part of the fame deficiencies as fhall bear
proportion to the value of the lottery-annuities and arrearages
which fhall be actually fubfcribed as aforefaid, at the rates be-
fore-mentioned, purfuant to this act, fhall and may be deduct-
ed, defalked and recouped for or towards fatisfying and making
good the ſaid deficiencies of the faid yearly funds and yearly
fums fo growing due at or upon the quarter-day next preceding
the reſpective times by this act prefcribed for making each fub-
ſequent payment by the faid corporation as aforefaid.
XVI. And be it further enacted by the authority aforefaid, Company ma-
That in caſe the ſaid corporation of the South-Sea company fhall king failure of
make failure in payment of the ſaid ſum of ſeven hundred feven- payment may
ty eight thouſand ſeven hundred and fifty pounds, or of the ſaid be fued.
proportional part thereof, at the days and times hereby limited for
the payment of the fame, having fuch deductions, defalcations
and abatements as by this act are prefcribed, then the money
whereof fuch failure in payment fhall be made, fhall and may
be recovered in his Majefty's name for the purpoſe before-men-
tioned, by action of debt or upon the cafe, bill, fuit or in-
formation in any his Majefty's courts of record at Westminster,
wherein no effoin, protection, privilege or wager of law fhall
be allowed, or more than one imparlance; in which action, bill,
fuit or information it ſhall be lawful to declare, That the gover-
nor and company of merchants of Great Britain trading to the
South-Seas and other parts of America, and for encouraging the
fishery, are indebted to the King's majesty the money of which
they ſhall have made default in payment, according to the form
of this ftatute, and have not paid the fame, which fhall be fuf-
ficient; and in or upon fuch action, bill, fuit or information
there ſhall be further recovered for the purpoſe aforefaid, againſt
the defendants, damage after the rate of ten pounds per centum
per annum, for the monies fo unpaid contrary to this act; and
the faid corporation and their ſtock and funds fhall be and are
hereby made fubject and liable thereunto.
XVII. And be it further enacted by the authority aforefaid, The annui-
That the ſaid value computed at the ſaid rate of eleven years and ties, &c. fub-
a half's purchaſe, for the faid term of twenty three years and fcribed, to be
three quarters of a year, of and in the faid lottery-annuities, or united to the
fo many of them as fhall be actually fubfcribed, purſuant to this capital ftock.
act, on or before the faid twentieth day of June one thouſand
feven hundred and nineteen, and the faid arrearages for one
year and a quarter, computed to amount to one hundred fixty
eight thouſand ſeven hundred forty eight pounds and five fhil-
lings as aforefaid, or ſo much thereof as fhall be actually ſub-
ſcribed purſuant to this act, at any time or times on or before
the faid twentieth day of June one thouſand ſeven hundred and
nineteen, and alfo the faid fum of feven hundred feventy-eight
thouſand feven hundred and fifty pounds, or fo much thereof
as fhall be actually advanced within the refpective times before
limited in that behalf by the faid corporation (including there-
2
76
[1718.
Anno quinto GEORGII I. C. 19.
Treaſury to
compute the
additional
stock.
Every mem-
ber to have
credit in the
books for his
ſhare in the
increaſed
ſtock, from 25
Dec. 1718.
to have 51.
per cent. for
the increaſed
Atock.
in the deductions by this act allowed to be made out of the fame
for the reſpective caufes and purpoſes aforefaid) fhall be and be
deemed an additional ſtock of the ſaid corporation, and ſhall be
united to the prefent capital ftock of ten millions now belong-
ing to the ſaid corporation: and the faid preſent and increaſed
ftock fo united, fhall be and be called the capital ftock of the
faid corporation, and the commiflioners of the treaſury, or any
three or more of them now being, or the high treaſurer, or any
three or more of the commiffioners of the treaſury for the time
being fhall, and they are hereby impowered and required to
cauſe the ſum total of the faid additional ſtock to be computed
and adjuſted, as foon as it can conveniently be known and ad-
juſted, and to declare and determine the fame by an inſtrument
in writing under his or their hands and feals, which fhall be en-
tred in the proper book or books of the faid corporation; and
that every member of the faid corporation (as well thofe to be
incorporated into the fame, by virtue of this act, as all other
members thereof) fhall, from and after the twenty-fifth day of
December one thouſand ſeven hundred and eighteen, have cre-
dit in the books of the faid corporation, for his, her or their
proportion or ſhare of and in the whole capital or joint ſtock of
the faid corporation ſo increaſed, and of and in all the dividends,
profits and advantages whatſoever to attend the fame, except as
herein after is otherwife provided.
XVIII. And be it further enacted by the authority afore-
The company faid, That the faid governor and company of merchants of Great
Britain, and their fucceffors, fhall have, receive and enjoy, and
be intitled by virtue of this act to have, receive and enjoy, for
the faid additional ſtock, to be computed, adjuſted and determin-
ed, as aforeſaid, an annuity or yearly fund, after the rate of
five pounds per centum per annum, which fhall be and is hereby
declared and enacted to be united to and confolidated with their
faid preſent annuity or fund of five hundred thousand pounds
per annum, and the faid yearly funds fo united fhall be and be
called the increaſed yearly fund of the faid governor and com-
The faid an-
per cent. to
commence
from Chrift-
mas 1718, and
be paid quar
terly.
pany.
XIX, And it is hereby enacted, That the ſaid annuity, after
nuity of 51. the rate of five pounds per centum per annum, for the faid addi-
tional ſtock, fhall commence and be reckoned to commence
from the feaſt of the birth of our Lord Chriſt one thouſand fe-
ven hundred and eighteen, and have relation from that time in
point of payment, when the fame fhall be adjuſted, as aforefaid,
and that fo much thereof as fhall be payable to the faid gover-
nor and company for the faid fum of ſeven hundred feventy
eight thouſand feven hundred and fifty pounds, or the propor-
tional part of the fame, which fhall be actually advanced by
them (including therein the deductions by this act allowed to
be made thereout, as aforefaid) fhall be payable, and be ac-
counted to grow due to the faid governor and company, and
their fucceffors, and be paid to them or their cafhier for their
ufe, at and for the four moſt ufual feafts in the year, that is to
fay,
1718.j
77
Anno quinto GEORGII I. C. 19.
:
fay, The feafts of the annunciation of the bleffed virgin Mary,
the nativity of St. John Baptift, St. Michael the archangel, and
the birth of our Lord Chrift, by even and equal portions, or
within twenty days after every of the faid feaft-days until the
redemption thereof by parliament, according to the provifoes
and powers of redemption herein after contained; the firſt of
the faid quarterly payments to become due and payable at Lady- Firſt payment
day one thouſand ſeven hundred and nineteen; and that ſo much at Lady-day
of the ſaid additional annuity or yearly fund, after the rate of 1719.
five pounds per centum per annum, as ſhall be payable to the faid
company in refpect of the faid lottery-annuities and arrearages
thereof which ſhall be actually ſubſcribed, as aforefaid, fhall be
accounted due to the ſaid governor and company, and their ſuc-
ceſſors, and ſhall be paid and payable to them, or to their ca-
fhier for the time being, for their uſe, at fuch times, and by
fuch proportions at a time, and in fuch manner and form, as
the pay-tickets for the lottery-annuities and arrearages fo fub-
fcribed, were payable, or ought to have been fatisfied out of the
above-mentioned fund of one hundred thirty five thouſand
pounds per annum, if the payment thereof had continued upon
the foot of the ſaid former act; and that the faid governor and
company of merchants of Great Britain, and their fucceffors, 2000 1. per
ſhall have, receive and enjoy, and be entitled by virtue of this annum, or a
act, to have, receive and enjoy, for or towards the charge of proportional
management of the affairs of the faid corporation, an additional part, for ma-
yearly fum of two thouſand pounds, or an additional yearly fum,
bearing the fame proportion to two thouſand pounds per annum,
as the faid additional ſtock of the faid corporation, when it ſhall
be adjuſted and determined purſuant to this act, fhall bear to
two millions and five hundred thouſand pounds, without being
liable to render an account of the faid charges, or any of them,
which yearly ſum of two thouſand pounds, or fuch leffer pro-
portional fum fo to be paid by virtue of this act, fhall be and is
hereby declared and enacted to be united to, and joined with the
ſaid preſent yearly ſum of eight thouſand pounds allowed to the
faid corporation for fuch charges.
nagement.
1718.
XX. And it is hereby enacted, That the faid additional fum The 2000 l.
of two thouſand pounds per annum, or fuch leffer proportional for manage-
fum for charges of management, fhall commence and be reckon- ment to com-
ed to commence from the faid feaft of the birth of our Lord mence from
Chriſtmas
Chriſt one thouſand ſeven hundred and eighteen, and ſhall have
relation from that time in point of payment, when the ſame ſhall
be adjuſted, as aforefaid, and ſhall be payable and accounted due
to the ſaid governor and company, and their fucceffors, and be
paid to them or their cashier for the time being, for their uſe,
at the four moſt uſual feafts in the year before-mentioned, by
even and equal portions, or within twenty days after every of
the faid feaft-days, until the redemption thereof by parliament,
according to the provifoes and powers of redemption herein af-
ter mentioned.
XXI. And
t
78
[17182
Anno quinto GEORGII I. c.19:
The addition-
XXI. And it is hereby enacted, That as well the faid addi-
al annuity, &c. tional annuity or yearly fund, after the rate of five pounds per
to be charged centum per annum, to be computed upon the ſaid additional
on coals and ſtock, to be adjuſted and determined, as aforefaid, as alſo the
on the duties
houſes.
How the un-
fcribed lotte-
ry-annuities
hall be paid.
3 Ann. C. 4.
&c.
3 Geo. 1. c. 9.
8 Ann. c. 4.
faid additional yearly fum of two thousand pounds, or fuch leffer
proportional fum, to be allowed to the faid corporation for
charges of management, as aforefaid, fhall be, and the fame by
force and virtue of this act are charged and chargeable upon, and
made payable out of the monies from time to time arifing at the
receipt of the exchequer of or for the faid duties upon coals,
culm and cynders, and of and for the faid duties on houfes, at
fuch times, and in fuch courſe, method and form, as are before
in this act preſcribed in that behalf.
XXII. Provided always, That fo much of the above-men-
tioned fund of one hundred thirty five thousand pounds per an→
num, as by virtue of the act first above recited, was and is ap-
plicable to the payment of fuch of the faid lottery-annuities and
arrearages thereof, as fhall not be actually fubfcribed to be con-
verted into the ſtock of the faid company, on or before the faid
twentieth day of June one thouſand ſeven hundred and nineteen
(the fame unfubfcribed lottery-annuities being computed in pro-
portion to the amount of all the annuities now payable out of
and charged upon the faid yearly fund of one hundred thirty five
thouſand pounds) ſhall continue to be iffued and applied to and
for the payment and fatisfaction of fuch unfubfcribed lottery-
annuities for the refidue of the faid term of thirty two years, and
the arrearages thereof, and the pay-tickets for the fame, as ful-
ly and effectually, and in as ample manner and form, as fuch
part of the faid yearly fund of one hundred thirty five thouſand
pounds ought to have been iffued and applied thereunto, if this
prefent act had not been made; this prefent act or any thing
herein contained to the contrary notwithstanding: and the com-
miffioners of his Majeſty's treaſury now being, and the high
treaſurer, and commiffioners of the treaſury of his Majeſty, his
heirs and fucceffors, for the time being, are hereby authorized
and ſtrictly required to iffue their warrants and orders, from time
to time, for payment as well of the monies which fhall become
due and payable to the faid corporation, as of the monies which
ought to be iffued and applied for diſcharging fuch unſubſcribed
tickets (if any ſuch ſhall be) accordingly.
How the defi- XXIII. And it is hereby declared and enacted by the autho-
ciency of any rity aforefaid, That if at any time or times after the twenty-fifth
quarter fhall
be fupplied, day of December one thouſand ſeven hundred and nineteen, the
produce of all the duties and revenues by the faid act of the third
year of his Majefty's reign, for redeeming the then yearly fund
of the faid corporation, and the proportion of the duties and re-
venues by the faid act of the eighth year of her faid late Maje-
fty's reign, granted and continued, and by the faid acts, and
this act, or any of them, appropriated or intended for payment
of the whole united yearly fund and yearly fum's intended by
this and the ſaid last mentioned act of the third year of his Ma-
jeſty's
A
1718.]
79
Anno quinto GEORGII I. c. 19.
!
jeſty's reign, to be paid to the faid governor and company, and
their fucceffors, ſhall be fo low or deficient in the payment there-
of into the exchequer, as that the fame ſhall not be fufficient to
pay and diſcharge, or to compleat the payment at the end of any
quarter of a year, of all the monies which ſhall be then due and
payable to the faid corporation, as well for and upon the faid
preſent yearly fund of five hundred thouſand pounds, and the
faid yearly fund of eight thouſand pounds, as upon the faid in-
creafed yearly fund of the faid corporation, after the rate of five
pounds per centum per annum, for their additional ſtock, as afore-
faid, and for and upon the increaſed yearly fum of two thouſand
pounds, or a proportional part thereof, as aforefaid, to be paid
for charges of management, fhall not extend or be fufficient for
thoſe purpoſes, then and fo often, and in every fuch cafe, the
deficiency of any fuch quarter fhall and may be fupplied out of
the overplus monies of the faid duties and revenues, every or
of them, arifing in any fubfcquent quarter; and in default
thereof by the ſpace of half a year, then all and every ſuch de-
ficiency and deficiencies fhall be ſupplied and made good, from
time to time, by or out of the ſaid general yearly fund by the
ſaid other act of the third year of his Majeſty's reign, eſtabliſh-
ed or intended to be eſtabliſhed, as aforefaid, or out of money
to be raiſed at the exchequer for purchaſing an annuity or annu-
ities after a rate not exceeding five pounds per centum per annum,
for every fuch deficiency which annuity or annuities fhall, by
virtue of this act, be charged on the faid general yearly fund,
and be payable and transferrable at the bank of England, as other
annuities payable out of the faid general yearly fund are intend-
any
ed by the faid other act of the third year of his Majefty's reign 3 Geo. 1. c. 7.
to be payable and transferrable, until the redemption thereof
by parliament; and if at any time or times any fuch deficiency
fhall be paid to the faid corporation by ſuch annuity or annui-
ties charged on the faid general yearly fund, the diſcount of
ſuch annuity or annuities which ſhall be neceffary for convert-
ing the fame into ready money (if any fuch diſcount fhall hap-
pen) fhall, by order of the commiffioners of the treafury, or three
or more of them, or high treaſurer for the time being, be fatisfi-
ed to the faid corporation out of the fame general yearly fund, or
out of money to be raiſed at the exchequer for purchafing a like
annuity or annuities at the fame rate, to be charged on the fame
general yearly fund, and to be payable and transferrable as afore-
faid, until the redemption thereof by parliament: and for the
better and more regular payment of all monies intended by the
faid act of the third year of his Majefty's reign, for redemption
of the then yearly fund of the faid corporation, to be paid to the
fame, fubject nevertheleſs to fuch redemption, as aforefaid, the
commiffioners of the treaſury, or the high treaſurer for the time
being, are hereby impowered and required to fign and iſſue out
fuch order and orders for payment of all fuch fum and fums of
money as by this or the faid laſt mentioned act are or ſhall be-
come due and payable to the faid corporation, and alſo for raif-
ing
!
80
[1718.
Anno quinto GEORGII I. c. 19.
How the defi-
ciency of any
year fhall be
fupplied.
All annual
furpluffes to
be reſerved
for the ufe of
the publick.
The fhares to
be perfonal
e ſtates.
ing out of and upon the faid general yearly fund eſtabliſhed by the
faid recited act of the third year of his Majefty's reign, ſo much
as ſhall be requifite and neceſſary to pay to the ſaid corporation
all fuch deficiency and deficiencies as are in and by this act direct-
ed to be paid to them; and after figning fuch order or orders
the fame ſhall be firm, good, valid and effectual in the law, ac-
cording to the purport and true meaning thereof, and of this
act, and ſhall not be determinable by or upon the death and re-
moval of any commiffioner or commiffioners of the treaſury, or
high treaſurer, or under-treaſurer for the time being, or by or
upon the determination of the power, office and offices of them,
or any of them; nor fhall any commiffioner of the treaſury, or
high treaſurer for the time being, have any power to revoke,
countermand, or make void fuch order or orders fo figned, as
aforefaid.
XXIV. And be it further enacted by the authority aforefaid,
That if at any time or times the produce of the faid duties on
coals, culm and cynders, and of the ſaid duties on houſes, ſhall
be fo low and deficient as that at the end of any year (reckon-
ing the fame to end at Michaelmas yearly) the proportion of the
faid yearly fund of one hundred thirty five thousand pounds, ap-
plicable by this act for or towards the diſcharging of the ſaid un-
fubfcribed pay-tickets then payable, fhall not be fufficient for
that purpoſe, then every fuch deficiency ſhall be ſupplied and
made good, from time to time, out of the first aid to be granted
in parliament, next after fuch deficiency fhall appear, and fhall,
from time to time, be transferred thereunto, as foon as the
fame fhall be granted, according to the purport and true mean-
ing of the faid former act in that behalf.
XXV. Provided always, and be it further enacted, That in
cafe there ſhall be any furplus or remainder of the monies arifing
by the faid duties on coals; culm and cynders, and the ſaid du-
ties on houſes, at the end of any one year (reckoning the fame
to end at Michaelmas yearly) after all the faid yearly and other
fums directed or authorized by this act, and then or before that
time incurred and become due or in arrear, fhall be fully fatis-
fied, paid and diſcharged or money fufficient fhall be reſerved
for that purpoſe, fuch furplus or remainder ſhall from time to
time be reſerved for the uſe of the publick, and ſhall not be iſſu-
ed or diſpoſed but by authority of parliament.
XXVI. And be it further enacted by the authority aforefaid,
That the ſhare and intereſt of every member of the faid corpo
ration, of and in the preſent capital ſtock of the ſame, and of
and in the increaſe of ſuch capital, to be had and made in pur-
ſuance of this act, and of and in the faid annuity and annuities,
after the rate of five pounds per centum per annum, payable or tó
be paid for the fame to the faid corporation, and of and in the
faid eight thouſand pounds and two thouſand pounds per annum,
or a proportionable part of the ſaid two thouſand pounds per añ-
num, by this act payable for management, fhall be and be ad-
judged
یا
1718.]
81
Anno quinto GEORGII I. c. 19.
devifeable.
judged to be a perſonal and not a real eſtate, and fhall go to the
executors or adminiftrators of the reſpective perfons dying pof-
feffed thereof or entitled thereunto, and not to the heirs of fuch
perfons; any law, cuftom or ufage to the contrary notwith-
ſtanding; and that the reſpective members of the faid company,
who fhall have a ſhare or intereft in the preſent capital ſtock or Shares trans-
increaſed ſtock thereof, as well for and in refpect of the faid lot- ferrable and
tery-annuities and arrears thereof, which fhall be fubfcribed as
aforefaid, as for or in reſpect of the ſaid ſum of ſeven hundred
feventy eight thouſand ſeven hundred and fifty pounds, or ſuch
proportional part thereof as ſhall be actually paid by the faid cor-
poration into his Majefty's exchequer as aforefaid, (including
therein fuch deductions, abatements and recoupments as are al-
lowed or permitted to be made by the faid corporation as afore-
ſaid) ſhall and may affign and transfer fuch fhare or intereſt,
or any part thereof, in the books of the faid company, in fuch
or the like method, manner and form as are prefcribed by the
act or acts of parliament and charter now in force, for affign-
ments or transfers of original ſtock to be made in the books of
the ſaid company; or ſhall or may diſpoſe or deviſe the ſame or
any part thereof by will, in fuch manner and form as any ſhare
in the original ſtock of the faid company is devifeable.
free.
XXVII. And be it further enacted by the authority aforefaid, Thefe annui-
That as well the feveral annual and other fums payable at the ties to be tax-
exchequer to the faid governor and company and their fuccef- 3 Geo.1. c.9.
fors, by virtue of this and the ſaid former act of the third year
of his Majeſty's reign for redeeming the then fund of the ſaid
No governor,
governor and company, and either of them, and the fhares, &c. difabled
parts or intereſts of the feveral members of and in the fame, and from being a
of and in the faid prefent capital ftock and increaſed capital ftock member of
of the faid governor and company, and of and in the benefit of parliament,
trade annexed thereunto, and the ſtock in trade or money to be
raiſed for that purpoſe, during the continuance of the fame,
ſhall be and are hereby exempted from all taxes, rates and im-
pofitions whatſoever, by act of parliament or otherwife; any
law or ſtatute made or to be made to the contrary notwithſtand-
ing: and that no perfon, in reſpect of his being governor, fub- or liable to
governor, deputy-governor, director, manager or a member of any penalty or
the faid company, or for having any ſtock or ſhare therein, or difability for
by reafon of his being named or acting as a manager or director himself, &c.
not qualifying
or otherwiſe, for taking the faid fubfcriptions, or for any other
matter or thing to be by him done or performed by or in pur-
ſuance of this act only, fhall be now or at any time hereafter
difabled from being or continuing, or from being elected or ferv-
ing as a member of parliament, nor be liable or fubject to any
penalty, forfeiture or difability prefcribed by any other act or
acts of parliament for not qualifying himſelf to execute his truft
upon or in purſuance of this act, as perfons who ſhall take or
execute any office or place of profit or truſt are ſubject and li-
able unto by any the laws now in force; and that all and every
VOL. XIV.
G
ΟΙ
82
[1718.
Anno quinto GEORGII I. C. 19.
or any fuch perſon or perfons may be ſubſcribers to the faid
increaſed ſtock; any law or ftatute to the contrary notwith-
ſtanding nor fhall be or be adjudged liable to be a bankrupt,
within the intent or meaning of all or any of the ftatutes
made againſt or concerning bankrupts; and that no ftock in the
faid company ſhall be fubject and liable to any foreign attach-
ment by the cuſtom of the city of London, or otherwife; any
law, ftatute, ufage or cuſtom to the contrary notwithſtanding.
XXVIII. And it is hereby enacted, That all the transfers or
liable to high- affignments of the prefent capital ſtock or increaſed ſtock, in the
books of the faid company, fhall not hereafter be or be made li-
able to any higher or greater ftamp or other duties, than are now
payable for the fame.
Transfers not
er ftamps.
Sealed bonds
the ſeveral
funds and
ftock.
XXIX. And be it further enacted, That all bonds or obliga-
to charge all tions under the common feal of the faid company ſhall charge
as well the annual fund and additional fund payable to the ſaid
company by virtue of this act, as the prefent ftock and additional
ftock and other effects and eftates of the faid company for the
time being; and that all fuch bonds and obligations thall be
affignable, and the monies thereupon fhall be recoverable as ef-
fectually and in as ample manner and form, as any their bonds
taken upon the faid former act might be affigned, or the money
due thereupon might be recovered.
Such bonds
XXX. And be it enacted by the authority aforefaid, That all
not charge- fuch contracts, bills, bonds, obligations or fecurities under the
able with the common feal of the faid corporation ſhall not be chargeable
ſtamp-duties. with any the duties upon ftampt vellom, parchment or paper;
any former law, ftatute, prohibition, reſtriction or other mat-
ter or thing whatſoever to the contrary notwithſtanding.
Company to
continue a bo
dy politick.
XXXI. And it is hereby declared and enacted by the autho-
rity aforefaid, That the faid governor and company of merchants
of Great Britain, and their fucceffors for ever, thall remain, con-
tinue and be one body corporate and politick, by the name of
the governor and company of merchants of Great Britain trad-
ing to the South-Seas and other parts of America and for encou-
raging the fishery, and fhall have, hold, receive and enjoy the
faid yearly fund of five hundred thousand pounds and the faid
additional yearly fund, after the rate of five pounds per centum
per annum, to be added thereunto (by way of increaſe) as afore-
faid; and the faid yearly fum of eight thoufand pounds and the
yearly annuity of two thouſand pounds, or fuch proportional
part thereof as aforefaid, to be added thereunto (by way of in-
creaſe for management) purſuant to this act, until the faid year-
ly funds and yearly fums fhall reſpectively be redeemed accord-
And to enjoy ing to this act; and ſhall have, hold and enjoy all their forts,
all their pri- factories, acquifitions, lands, tenements, hereditaments, fole
vileges, &c. benefit of trade in and to the South-Seas and elsewhere, with a
perpetual fucceffion, and all abilities, capacities, powers, autho-
rities, franchifes, exemptions, privileges, profits and advanta-
ges whatſoever, whereunto the faid governor and company are
or before the making of this act were entitled by any act or acts
of
1718.]
83
Anno quinto GEORGII I. c. 19.
+
of parliament, grant or charter now in force, (all which are by
this act ratified, confirmed and made effectual to them and their
fucceffors) freed and difcharged of and from all former provi-
foes, powers, acts, matters and things whatſoever for redeem-
ing, determining or making void the fame or any of them; fub- Subject to the
ject nevertheleſs to the feveral and refpective provifoes and pow- power of re-
demption.
ers of redemption of the faid yearly funds and yearly fums here-
after in this act contained.
24 June 1723,
the additional
:
XXXII. Provided alfo, and it is hereby enacted by the au- On one year's
thority aforefaid, That upon one year's notice to be given by notice after
authority of parliament at the feaft of the nativity of Saint John and on repay-
Baptift which fhall be in the year of our Lord one thouſand fe- ment, &c. the
ven hundred and twenty three, or at any of the faid quarterly yearly fund of
feaſt-days after the faid feaſt of the nativity of Saint John Baptift 500,000l. and
one thouſand ſeven hundred and twenty three, and upon repay- yearly fund,
ment by parliament to the faid governor and company of mer- &c. to ceaſe.
chants of Great Britain of the whole fum whereof the ſaid capi-
tal ſtock of ten millions, with the faid ftock to be added there-
unto, (by way of increaſe as aforefaid) fhall then confift, ac-
cording to fuch notice, without deduction, discount or abate-
ment whatſoever to be made out of the fame, or any part there-
of, and upon payment of all arrears of the faid yearly fund of
five hundred thousand pounds, and of the faid additional fund,
after the rate of five pounds per centum per annum, to be added
thereunto by way of increaſe as aforefaid, and of the faid yearly
fum of eight thouſand pounds and of the ſaid yearly annuity of
two thou and pounds, or fuch proportional part thereof as afore-
faid, for management, to be added thereunto purfuant to this act
(if any
fuch arrear or arrears fhall be then due) then the faid
yearly fund of five hundred thouſand pounds and the ſaid addi-
tional yearly fund, after the rate of five pounds per centum per an-
num, and the faid yearly fum of eight thouſand pounds, and the
yearly annuity to be added thereunto by way of increaſe for ma-
nagement as aforefaid,fhall from thenceforth ceafe and determine.
1000,000 1.)
XXXIII. And in regard it is intended, That after the twenty If notice be
fourth day of June one thousand feven hundred and twenty three the given by par-
liament after.
principal or fum total of the faid capital or increafed stock of the faid 24 June 1723,
company, confifting of ten millions and the addition to be made there- for redemp-
unto as aforefaid, may be fatisfied to the faid governor and company tion, and pay-
by any payments (not being less than one million of lawful money of ment be made
Great Britain at a time) and that as the fame principal monies fhall (not less than
be paid off, the ſaid yearly fum of five hundred thousand pounds, and then fo much
the faid additional yearly fund, after the rate of five pounds per of the increaf-
centum per annum, to be added thereunto as aforefaid, fhall from
time to time proportionally fink and be abated: be it therefore fur-
ther, provided and enacted by the authority aforefaid, That if at
any time or times at or after the faid twenty-fourth day of June
one thouſand ſeven hundred and twenty three, notice fhall be
given by authority of parliament for redemption of the ſaid yearly
fund of five hundred thousand pounds and the yearly fund which
G 2
fhall
ed fund fhall
be abated.
-
84
[1718.
Anno quinto GEORGII I. C. 19.
After re-
ſhall be added thereunto as aforeſaid, and the ſaid yearly ſum of
eight thouſand pounds and the additional annuity which fhall be
added thereunto as aforefaid; and if payment, according to fuch
notice, be made by parliament to the faid governor and compa-
ny of merchants of Great Britain, or their fucceffors, of any fum
or fums of money (not being leſs than one million at a time) in
part of the principal monies whereunto the faid fum of ten mil-
lions and the ſtock to be added thereunto, by virtue of this act,
fhall jointly amount; and alfo if payment be made of all the ar-
rearages then due to them of the increaſed yearly fund and in-
creafed yearly fum, or ſo much of thofe arrearages as ſhall bear
a proportion to the principal monies from time to time remain-
ing unfatisfied, being computed by the day until the time of
every fuch payment of part of the principal refpectively, then,
from and after every fuch payment fo made to the faid governor
and company, and their fucceffors, fo much of the faid increaf-
ed yearly fund, (confifting of five hundred thouſand pounds,
with fuch addition as aforefaid) as fhall bear proportion to the
monies fo paid in part of the faid principal, fhall ceaſe and de-
termine and be abated; any thing in this or any former act or
acts of parliament contained, or other matter or thing whatfoe-
ver to the contrary notwithſtanding.
underſtood to
be redeemed
by parlia
ment:
XXXIV. Provided alfo, and it is hereby further enacted
demption the by the authority aforefaid, That from and after the redemption.
feveral duties, of all the faid yearly fund of five hundred thousand pounds and
impofitions,
of the additional yearly fund which is to be joined to the fame as
&c. fhall be
aforefaid, and of the faid yearly fum of eight thoufand pounds,
and the yearly fum which is to be added thereunto for manage-
ment as aforefaid, by payments to be made according to the fe-
veral and refpective provifoes or conditions of redemption in this
act contained of or concerning the fame, then and not till then
the feveral duties, impofitions, additional impofitions and reve-
nues, and all proportional parts of them or any of them, which
are chargeable therewith, fhall be understood to be redeemed by
parliament, and fhall not be iffued, paid or applied to any uſe,
intent or purpoſe whatſoever without authority of parliament;
nevertheless the faid corporation, by the name aforefaid, fhall
poration fhall for ever remain, continue and be one body corporate and poli-
tick, and ſhall have, hold and enjoy all their forts, factories,
acquifitions, lands, tenements, hereditaments, fole benefit of
trade in and to the South-Seas and elſewhere, and alſo all the
lands, tenements and hereditaments that are or ſhall be by them
purchaſed in Great Britain, not exceeding one thousand pounds
per annum, with perpetual fucceflion, and all abilities, capaci-
ties, powers, authorities, franchiſes, exemptions, privileges,
profits and advantages whatfoever whereunto the faid governor
and company are or before the making this act were entitled by
any act or acts of parliament, grants or charters now in force
S
all which are by this act ratified, confirmed and made effectual
to them and their fucceffors; and the faid governor and com-
pany and the members thereof, without having any ſhare or in-
But the cor-
continue for
ever.
tereft
718.]
85
Anno quinto GEORGII I. c.19.
tereft in the faid yearly funds, payments or annuities, or any of
them, after the fame fhall be redeemed, fhall have and be entit-
led to the fole benefit of trade in and to the South- Seas and elfe-
where, and fuch power of trade in the fiſhery, as by any act or
acts of parliament now in force is directed, and all other benefits,
privileges and advantages (the faid refpective annuities to them
iffuing or payable after fuch redemption as aforefaid only except-
ed) as if no fuch redemption were had or made; any thing in
this act contained to the contrary notwithſtanding.
ters continu-
XXXV. And it is hereby declared and enacted by the autho- All the pow-
rity aforefaid, That all and every the abilities, capacities, pow- ers of former
ers, authorities, exemptions, franchiſes, privileges, profits and acts or char-
advantages whatſoever, and all pains of death and other penal- ed for ever.
ties, forfeitures and difabilities, and all rules, directions, me-
thods, articles, matters and things whatfoever, which by any
former act or acts of parliament, or any claufe or clauſes there-
in, or any charter or charters under the great feal of Great Bri-
tain, are enacted, granted or eſtabliſhed to, for, touching or
concerning the faid corporation of the governor and company
of merchants of Great Britain trading to the South-Seas and other
parts of America and for encouraging the fishery, or the mem-
bers of the fame (being in force at or until the time of making
of this act, and not hereby determined or altered) fhall for ever
continue, and be practiſed and put in execution for ſecuring and
paying the yearly funds, annuities and payments by this act di-
rected, ſubject to the provifoes for redemption thereof in this act
contained, and alfo (as well after fuch redemption as before) for
fecuring the poffeffions, trade and buſineſs of the faid corpora-
tion, and for their advantage in all refpects, as fully and effectu-
ally, to all intents and purpoſes, as if the faid abilities, capa-
cities, powers, authorities, exemptions, franchiſes, privileges,
profits and advantages, and the faid pains of death and other
penalties, forfeitures and difabilities, and the faid benefit of
trade, rules, directions, methods, articles, matters and things,
were ſeverally repeated and at large re-enacted in the body of this
prefent act.
cient notice
XXXVI. And it is hereby declared and enacted by the au- A vote of the
thority aforefaid, That any vote or refolution of the houfe of houfe of com-
commons, fignified by their ſpeaker in writing, to be delivered mons,fignified
at the publick office of the faid governor and company of mer- by their ſpeak-
chants of Great Britain trading to the South-Seas, fhall be deem- er, to be fuffi-
ed and adjudged to be fufficient notice within the words and for redemp-
meaning of this act, for redeeming the faid yearly funds or tion.
annuities purſuant to the provifo or provifoes of redemption in
this act contained, and at the refpective time or times therein
mentioned; any thing herein contained to the contrary notwith-
ſtanding.
XXXVII. Provided always, and be it enacted by the autho- Company in a
rity aforefaid, That it ſhall and may be lawful for the faid go- general court
vernor and company, and their fucceffors, in a general court of may declare
how the pro
G 3
the
86
[1718.
Anno quinto GEORGII I. c. 19.
portion of the
increaſed
ftock fhall be
diſpoſed of.
How proprie-
tors of pay-
tickets, who
have aliened
their intereſt
for one or
more years,
are to ſub-
fcribe.
Duplicates to
be made of
pay-tickets
loft, burnt or
deſtroyed.
the faid company to declare and appoint how and in what man-
ner the proportion of the faid intended to be increaſed ſtock,
which the faid governor and company ſhall be entitled unto, for
or in reſpect of the ſaid ſum of ſeven hundred ſeventy eight thou-
fand feven hundred and fifty pounds, or in refpect of the pro-
portional part thereof, which fhall be actually paid into the re-
ceipt of his Majefty's exchequer in purfuance of this act (in-
cluding therein fuch deductions, defalcations, recoupments or
abatements, as are in and by this act directed to be made) ſhall
or may be difpofed of, either for and on the account of the
proprietors of the prefent capital ftock or of the whole increafed
capital ftock of the faid corporation, as their general court fhall
think fit, in proportion to their refpective fhares and interefts
in the faid capital ftock; any thing herein contained to the con-
trary notwithſtanding.
XXXVIII. And whereas feveral of the proprietors of the faid
pay-tickets may have fold, alicned or difpofed of their intereft in one,
two or three years fucceeding payments of fuch pay-tickets, part of thoſe
comprehended in the faid term of twenty three years and three quar-
ters of a year, or of the faid one year and a quarter's arrear: it
is hereby provided and further enacted by the authority afore-
faid, That fuch proprietors, having all the other pay-tickets
for the refidue of the faid term of twenty three years, and three
quarters of a year, or for the refidue of the ſaid one year and a
quarter, may ſubſcribe that whole term of and in the ſaid annuity
or annuities, and all the pay-tickets for the fame, paying to the
perfon or perſons to be appointed to receive and take in the faid
pay-tickets the full amount of ſuch pay-ticket or tickets fo fold,
aliened or difpofed; which perfon or perfons fhall pay the fame
into the receipt of his Majeſty's exchequer, in truſt, to pay and
fatisfy fuch perfon or perfons as fhall have a right to and be in
poffeffion of fuch pay-tickets, when thoſe tickets reſpectively ſhall
become due, and delivering up all the reft of the pay-tickets for
the term fo fubfcribed for, as in this act is before prefcribed;
any thing herein contained to the contrary notwithſtanding.
-
XXXIX. And whereas feveral of the faid pay-tickets made
8 Ann. c. 4. forth in purſuance of the faid act of the eighth year of her late Ma-
jefty's reign have, by cafualty or mischance, been loft, burnt or other-
wife deftroyed: be it therefore enacted by the authority aforesaid,
That in all cafes where it thall appear by affidavit to be made
before the lord chief baron, or before any of the barons of the
coif of his Majefty's court of exchequer for the time being,
(who fhall interrogate the deponent thereupon) to the fatisfac-
tion of fuch baron or barons, that any fuch ticket or tickets as
aforefaid, before the tenth day of June one thoufand feven hun-
dred and nineteen fhall have been or are loft, burnt or other-
wife deftroyed, it thall and may be lawful for the commiffioner
of the transfer-office, appointed purſuant to the ſaid act of the
eighth year of her late Majefty's reign, and the paymafter of ſuch
tickets, or either of them, upon producing a certificate from
any the faid barons of fuch affidavit made before him or them
(which
&
1718.]
87
Anno quinto GEORGII I. C. 19.
(which affidavit the ſaid barons or any of them is and are
hereby authorized to take, and which certificate he or they are
hereby required to make and grant without fee or reward) and
on fecurity given to the good liking of the faid commiffioner
and paymaſter to indemnify his Majeſty againſt all other per-
fons whatſoever, for and concerning the monies ſpecified in or
due upon fuch ticket or tickets, to make forth duplicates of the
tickets ſo loft, burnt or deſtroyed at the requeſt of the reſpect-
ive owners thereof; and that the fame duplicates fhall be of
the like validity and have the fame effect as the original tickets
would have had, if they had not been loft, burnt or deſtroyed,
and may be ſubſcribed into the ſaid increaſed ſtock as aforefaid.
gers out of the
fore 25
1716.
Dec.
XL. Provided always, and it is hereby enacted by the au- Treaſury to
thority aforefaid, That out of the faid monies which fhall from reward mana-
time to time arife at the receipt of the exchequer for payment monies for
of debts and incumbrances incurred before the twenty-fifth day debts and in.
of December one thouſand feven hundred and fixteen as afore- cumbrances
faid, it ſhall and may be lawful to and for the commiflioners of incurred be-
the treafury or any three or more of them, or the high treaſurer
for the time being, to reward the faid managers to be appointed
for taking the faid fubfcriptions, and the clerks and the officers
to be employed by and under them, and the faid perfons to be
employed for taking in the faid tickets, and all other officers
that fhall and may be any way employed in this affair, for their
labour, pains and fervice therein refpectively, and to diſcharge
and fatisfy ſuch incident expences as fhall neceffarily attend the
execution of this act, in fuch manner as the faid commiffioners
of the treaſury or any three or more of them, or the high trea-
furer for the time being, ſhall from time to time find to be rea-
fonable in that behalf; any thing in this act contained to the
contrary notwithſtanding.
then the mo-
XLI. Provided always, and it is hereby enacted, That if If all the pay-
all the pay-tickets for the faid lottery-annuities and the faid ar- tickets, &c. are
rearages thereof fhall be fubfcribed according to this act, with- fubfcribed,
in the time thereby limited, then the monies of the faid duties
ney applica-
applicable to the payment thereof from time to time coming in- ble to the pay-
to the receipt of the exchequer ſhall and may be iffued weekly ment thereof
to the faid governor and company and their fucceffors, or to to be iffued
their caſhier for their uſe, fo as the fum total of the money which weekly to the
ſhall be due to them out of the ſame purſuant to this act, at the cashier.
end of any quarter of a year, be not exceeded; any thing in this
or any former act contained to the contrary notwithstanding.
all the money
granted this
XLII. And be it enacted by the authority aforefaid, That Claufe of ap-
all the monies lent and to be lent to his Majeſty upon one act propriation of
of this feffion of parliament, intituled, An act for granting to his
Majefly an aid by a land-tax to be raiſed in Great Britain for the feffion.
fervice of the year one thousand feven hundred and nineteen, and fo 5 Geo. I. c. 1.
much money (if any fuch be) of the tax thereby granted as ſhall
ariſe and remain after all the loans made or to be made on that
act, and the intereft thereof and the charges thereby allowable
for raifing the faid tax, fhall be fatisfied, or monies fufficient
G 4
thall
88
Anno quinto GEORGII I. C. 19.
¿ Geo. 1. c. 9.
ſhall be reſerved to diſcharge the fame; and all the monies lent
[1718
5 Geo. 1. c. 2. and to be lent to his Majefty upon an act of this feffion of par-
liament, intituled, An act for continuing the duties upon malt, mum,
cyder and perry for the fervice of the year one thouſand ſeven hundred
and nineteen, and for enlarging the time for entring at the exchequer
fuch affignments of reverfionary annuities as are therein mentioned;
and for better fecuring the duties on hides and ſkins, vellom and parch-
ment, and fo much of the duties on malt, mum, cyder and per-
ry thereby granted or continued, as fhall arife and remain (if
any fuch be) after all the loans made or to be made on the ſame
act, or thereby transferred or directed to be transferred there-
unto, and the intereft thereof and the charges thereby allow-
able for raifing the fame duties fhall be fatisfied, or monies
fufficient ſhall be referved to diſcharge the fame; and the fum of
five hundred and five thouſand nine hundred ninety five pounds
raiſed or intended to be raiſed by way of a lottery, by virtue of
an act of this feffion of parliament, intituled, An act for con-
tinuing certain duties upon coals and culm, and for establishing certain
funds to raise money, as well to proceed in the building of new churches,
as alfo to complete the Supply granted to his Majefly, and to reſerve
the overplus monies of the laid duties for the difpofition of parliament;
and for more effectual fuppreſſing private lotteries, and the fum of
twenty two thouſand three hundred twenty five pounds one
ſhilling and nine pence intended to be ſupplied out of the fur-
plus monies ſpecified in the act laft before-mentioned, fhall be
appropriated and applied and are hereby appropriated for or to-
wards the ſeveral uſes, intents and purpoſes herein expreffed,
fubject nevertheleſs to ſuch reſtrictions as are herein after pre-
ſcribed that is to ſay, it is hereby enacted and declared, That
out of all or any the aids or fupplies provided as aforeſaid there
fhall and may be iffued and applied any fum not exceeding five
hundred and two thouſand ſeven hundred and nineteen pounds
ten fhillings and ten pence three farthings, to make good the
deficiencies of the grants in parliament for the year one thou-
Deficiencies of fand feven hundred and eighteen; and any fum not exceeding
the general one hundred and two thouſand ninety two pounds thirteen fhil-
fund for the
lings and one fifth part of a penny, to make good the deficiency
year ended at
Michaelmas
of the fund commonly called the general fund, for raiſing ſeven
1718.
hundred twenty four thouſand eight hundred forty nine pounds
fix fhillings ten pence and one fifth part of a penny per annum,
for the year ended at Michaelmas one thouſand ſeven hundred
Naval ſervices, and eighteen: and it is hereby enacted and declared, That out
Deficiencies
for the year
1718.
of all or any of the aids or fupplies provided as aforeſaid there
ſhall or may be iffued or applied any further fum or fums of
money not exceeding nine hundred and fourteen thoufand fix
hundred thirty eight pounds feventeen fhillings and fix pence
halfpenny, for or towards the naval fervices following, that is
to fay, for or towards defraying the charges of the ordinary of
his Majeſty's navy, and for half-pay to fea-officers; and for or
towards victual, wages, wear and tear of the navy and victualling
thereof performed and to be performed; and for or towards fea-
fervice
1718.]
89
Anno quinto GEORGII I. c. 19.
:
fervice in the office of ordnance performed and to be performed,
and other fervices of the navy performed and to be performed:
and any further fum or fums of money not exceeding eighty Repairs of the
eight thouſand four hundred ninety four pounds, for or towards navy.
repairs of his Majefty's navy performed and to be performed:
and any fum or fums of money not exceeding ſeventy one thou- Office of ord-
fand five hundred twenty feven pounds twelve fhillings and ele- nance.
ven pence for the charge of the office of ordnance, for or to-
wards land-fervice performed and to be performed: and any Land forces.
fum or fums of money not exceeding in the whole the fum of
eight hundred and nine thouſand fix hundred thirty fix pounds
feventeen fhillings and fix pence halfpenny, for or towards main-
taining his Majeſty's land-forces, and other fervices herein af-
ter more particularly expreffed; that is to fay, any fum not ex-
ceeding five hundred twenty fix thouſand nine hundred fixty
four pounds eleven fhillings and eight pence, for defraying the
charge of twelve thouſand four hundred thirty five effective men
(commiffioned and non-commiffioned officers included) for
guards and garrifons and other his Majefty's land-forces in
Great Britain, Ferfey and Guernsey, and other ſervices relating
to the forces, for the year one thouſand ſeven hundred and
nineteen: and any fum or fums of money not exceeding one Garriſons in
hundred forty feven thouſand fix hundred feventy two pounds Minorca, &c.
five fhillings and ten pence halfpenny, for maintaining his Ma-
jefty's forces and garrifons in the plantations, Minorca and Gib-
raltar, and for provifions for the garrifons at Annapolis Royal and
Placentia, for the fervice of the year one thouſand ſeven hundred
and nineteen: and any fum not exceeding twenty five thousand
pounds for the extraordinary charge of the royal hoſpital at pital.
Chelſea and the out-penfioners, for the year one thouſand ſeven Overplus here-
hundred and nineteen, over and above the poundage and day's of how to be
pay and any fum or fums not exceeding the ſum of one hun- difpofed of, 6
dred and ten thousand pounds upon account of half-pay, for the fect. 49. Half-
year one thouſand ſeven hundred and nineteen, to be paid to the pay officers.
reduced officers of his Majeſty's land-forces and marines; ſub-
ject nevertheleſs to fuch rules to be obſerved in the application of
the faid half-pay, as are herein after prefcribed in that behalf:
and that the faid aids or fupplies provided as aforefaid ſhall not
be iffued or applied to any uſe, intent or purpoſe whatſoever,
other than towards the ufes and purpoſes before-mentioned.
Chelſea hof
Geo. I. c. II.
lent.
XLIII. Provided always, That fuch fums as, by or in pur- Provifo for the
fuance of any other act or acts of parliament, are or fhall be due commiffioners
or payable to any commiffioners for taking, examining, ftating of the army,
and determining the debts due to the army, or to any commif- and equiva-
fioners for ftating the debts due and to grow due to Scotland,
by way of equivalent, for their falaries, or for their clerks, or
other incident charges, fhall or may be paid out of the aids or
fupplies aforefaid, or any of them; any thing herein contained
to the contrary notwithstanding.
XLIV. And as to the faid fum of one hundred and ten thou- Rules to be
fand pounds by this act appropriated upon account of half-pay, obferved in
as application
of half-pay.
}
99
[1718.
Anno quinto GEORGII I. c.19.
t
Treaſury to
apply out of
the appropri-
ated fums fo
much as hall
be neceffary
for the ex-
pence of aug-
mentation of
forces by fea
or land.
as aforeſaid, it is hereby enacted and declared by the authority
aforefaid, That the rules herein after preſcribed ſhall be duly
obferved in the application thereof; that is to ſay,
1. That no perſon ſhall have or receive any part of the ſame,
who was a minor, under the age of fixteen years, at the time
when the regiment, troop or company in which he ſerved was
reduced.
2. That no perfon fhall have or receive any part of the fame,
except ſuch perſons who did actual ſervice in ſome regiment,
troop or company.
3. That no perfon having any other place or employment of
profit, civil or military, under his Majefty, fhall have or receive
any part of the faid half-pay.
4. That no chaplain of any garriſon or regiment, who has
any eccleſiaſtical benefice, or other preferment in Great Britain
or Ireland, fhall have or receive any part of the faid half-pay.
5. That no perſon ſhall have or receive any part of the fame,
who hath refigned his commiffion, and has had no commiflion
fince.
6. That no part of the ſame ſhall be allowed to any perſon
by virtue of any warrant or appointment, except to fuch perfons-
who would have been otherwife entitled to the fame as reduced
officers.
7. And that no part of the fame fhall be allowed to any of
the officers of the five regiments of dragoons, and eight regi-
ments of foot, lately disbanded in Ireland, except to fuch as were
lately taken off the eſtabliſhment of half-pay in Great Britain.
XLV. Provided always, and it is hereby declared and enact-
ed by the authority aforefaid, That it fhall and may be lawful to
and for the commiffioners of his Majeſty's treaſury, or any three
or more of them, or the high treaſurer of Great Britain for the
time being, to iffue and apply, or cauſe to be iffued and applied,
fuch part of the monies by this act appropriated for the publick
uſes and ſervices before mentioned, as fhall be neceſſary to be
iffued and applied for or towards the increaſe of expence arifen
or to arife from fuch augmentation, as his Majefty in his great
wiſdom hath made, or fhall think fit to make, of his forces by
fea or land, to diſappoint the defigns of his enemies both at
home and abroad; any thing in this or any other act or acts of
parliament contained to the contrary notwithſtanding.
XLVI. Provided always, and it is hereby declared and en-
Treafury may acted by the authority aforefaid, That it fhall and may be law-
apply the mo
nies advanced ful to and for the commiffioners of his Majefty's treaſury, or
by the South- any three or more of them, or the high treaſurer of Great Bri-
Sea company tain for the time being, to iffue and apply, or caufe to be iſſued
for publick
and applied, all or any part of the monies which ſhall be ad-
vanced by the faid corporation into the receipt of the exchequer
(for paying fuch debts and incumbrances, as aforefaid) to or for
any the publick ufes or fervices for which provifion is made, or
intended to be made by this act, or by the foregoing claufes of
appropriation therein contained, fo as the faid commiffioners of
ules, &c.
the
1718.]
91
Anno quinto GEORGII I. c. 19.
the treaſury, or high treaſurer for the time being, do take ef-
fectual care, and they are hereby enjoined and required to take
effectual care, that ſuch fum or fums (part of the ſaid land-tax,
or duties on malt, mum, cyder and perry, or part of the loans
authorized to be made feverally thereupon) as thall be equal to the
fum or fums of the faid advance-money fo applied to the faid
publick uſes or fervices, be carefully referved and kept apart,
to be applied for or towards diſcharging the faid debts and in-
cumbrances, according to fuch act or acts of parliament as
ſhall hereafter be made or paffed in that behalf; any thing in
this or any other act or acts of parliament contained to the con-
trary notwithſtanding.
XLVII. And whereas by an act of parliament made in the fourth 4 Geo. 1. c. 3.
year of his Majefty's reign, for continuing the duties on malt, mum, The overplus
of 94,000l. by
cyder and perry, for the fervice of the year one thouſand ſeven hun-
the malt act,
dred and eighteen, feveral fupplies which had been granted to his
1711. granted
Majefty, as is therein mentioned, were appropriated to feveral uſes to reduced of-
and purpoſes therein expreſſed; amongſt which any fum or fums, not ficers, fhall be
Exceeding the fum of ninety four thousand pounds, upon account of maimed offi-
diſpoſedtofuch
half-pay for the year one thousand feven hundred and eighteen, were cers, &c. as
intended to be paid to the reduced officers of his Majesty's land-forces his Majeſty
and marines, fubject nevertheless to fuch rules to be obferved in the hall appoint,
application of the faid half-pay, as in and by the fame act were pre-
fcribed in that behalf, and the deficiencies of the faid fupplies are
made good, or enacted to be made good by grants in this feffion of par-
liament: now it is hereby provided, enacted and declared by the
authority aforefaid, That ſo much of the faid fum of ninety-four
thousand pounds as is or fhall be more than fufficient to fatisfy
the faid reduced officers, according to the faid rules by the faid
former act preſcribed to be obſerved in the application thereof,
or any part of fuch overplus, fhall and may be difpofed to fuch
officers who were maimed, or loft their limbs in the late wars,
or to ſuch others as, by reaſon of their long fervice, or otherwiſe,
his Majefty fhall judge to be proper objects of charity, who are
not strictly qualified within the rules by the faid recited act pre-
ſcribed to receive the fame, or to the widows or children of fuch
officers whom his Majefty fhall judge to be proper objects of
charity, according to fuch warrant or warrants under his Maje-
fty's royal fign manual as fhall be figned in that behalf; any
thing in this or the faid former act to the contrary notwith-
ftanding.
ΙΟ
Claufe to limit
times for pro❤
XLVIII. And whereas by an act made in the tenth year of 10 Ann. c. 19.
the reign of her late majesty Queen Anne, for laying feveral duties f. 170.
upon all ſoap and paper made in Great Britain, and for other purpoſes
therein mentioned, it is provided, That cards and dice may be ex- fecutionsupon
ported (free of the ftamp-duties) bond being entred into to her Maje- bonds for ex-
fty, ber heirs or fucceffors, with fufficient furety or fureties, in a penal porting cards
Jum of double the duties on fuch cards or dice, with condition for and dice.
exporting the fame into fome part or port beyond the feas, within
a time to be limited in fuch bond; and that the fame, or any of them,
Shall not be relanded in any part of Great Britain; and fuch bonds
are
92
[1718.
Anno quinto GEORGII I. c. 19.
!
are to be left in the hands of the commiffioners for the ftamp-du-
ties; which provifion was intended for encouraging the exportation of
cards and dice into foreign parts, but hath been found to be a great
difcouragement thereof, in regard fuch bonds do or may lie out againſt
the parties bound therein, although the conditions thereof are or shall
have been performed; and in regard fome of the obligors in fuch
bonds have been profecuted thereupon feveral years after the dates
thereof, and are or may be liable to the penalties although no fraud
or relanding be proved against them, for that the proof is on their part,
and the perfons uſually bound in fuch bonds as fureties for the ma-
kers or fellers of fuch cards and dice exported, are those who actually
export the fame, and upon account of fuch furetyship cannot be legal
witneſſes for the principals in fuch bonds, and it is impracticable to
bring living witneſſes, or fuch fufficient proof as the law at prefent
requires, from the East and West Indies, and other foreign parts
to which cards and dice are commonly exported, to prove the landings
and conſumptions thereof in fuch foreign parts: and whereas great
10 Ann. c. 19. quantities of cards and dice exported are often confumed in long
voyages at fea, and there is no provifion in the faid act for profecut-
ing fuch bonds in any limited time, or for any difcharge thereof, and
it is reaſonable to give relief in the premises: be it enacted by
the authority aforefaid, That as to fuch of the ſaid bonds as
have been entred into at any time or times before the fixth day
of April one thouſand ſeven hundred and nineteen, and are now
remaining in the hands of the commiffioners for the ſtamp-du-
ties, or any of his Majeſty's officers, in cafe there fhall be no
proſecution for ſome breach or non-performance of the reſpect-
ive conditions thereof, before the fixth day of April one thou-
fand ſeven hundred and twenty one, or if upon fuch profecu-
tion, proof be not made of fome fraud in breach or non-per-
formance of fuch conditions, and judgment thereupon obtain-
ed for his Majesty, before the fixth day of April one thouſand
ſeven hundred and twenty two, then fuch of the faid bonds fo
already entred into, fhall (for want of fuch proof or judgment)
be void; and that all profecutions now depending upon any of
the ſaid bonds, which have not been commenced within two
years after the date thereof, and where proof hath not been
made, or ſhall not be made, before the fixth day of April one
thouſand ſeven hundred and twenty, of fome fraud in breach or
non performance of the conditions, fhall ceafe and determine;
and as to fuch bonds as ſhall be entred into after the faid fixth
day of April one thouſand feven hundred and nineteen, in cafe
there ſhall be no proof of ſome fraud in breach or non perform-
ance of the refpective conditions, or if proof thereof be not
made within two years after the dates of the bonds, or if upon
ſuch proſecution as is laſt mentioned, judgment be not obtain-
ed for his Majefty upon fuch proof, as aforefaid, within the
fpace of one year after the fame profecution commenced, then.
every fuch bond which fhall be entred into, as aforefaid (in de-
fault of fuch profecution to be commenced, and judgment to
be obtained, as aforeſaid, within the times before limited) fhall
alfo
1718.]
9.3
Anno quinto GEORGII I. C. 20.
alſo be void; and all bonds made void by this act fhall be deli-
vered up by the reſpective officers, having the ſame in their
keeping, to be cancelled, without fee or reward.
CAP. XX.
An a for fettling certain yearly funds payable out of the
revenue of Scotland, to fatisfy publick`debts in Scotland,
and other uses mentioned in the treaty of union; and to
diſcharge the equivalents claimed on behalf of Scotland in
the terms of the fame treaty; and for obviating all future
difputes, charges and expences concerning thofe equivalents.
MA
AY it pleaſe your moſt excellent Majefty, Whereas in and by
the fixth article of the treaty for the union of the two king-
doms of England and Scotland, (which treaty was ratified by acts
of parliament paffed in either kingdom, and particularly by an act
made in England in the fifth year of the reign of her late majefty 5 Ann. c. 8...
Queen Anne, of bleſſed memory) it was provided that the customs and
duties on import and export, fettled in England when the union com-
menced, should from and after the union, take place throughout the
whole united kingdom, excepting and referving, as in the faid article
is particularly expreffed; and in and by the feventh article of the
faid treaty it was provided, That all parts of the united kingdom
hould for ever, from and after the union, be liable to the fame excifes
(excepting only that fuch beer or ale as are therein defcribed, ſhould
not after the union be liable, upon account of the then prefent excife
upon excifeable liquors in England, to any higher impoſition than two
fillings ferling upon thirty four gallons English barrel, being
twelve gallons of the then prefent Scots meaſure;) and it was by the
article laft mentioned provided, That the excife then fettled in England
upon all other liqours fhould, when the union commenced, take place
throughout the whole united kingdom: and in and by the fourteenth
article of the faid treaty of union, it was provided, That Scotland
Should not be charged with any duties laid on by the parliament of
England before the faid union (except fuch as were confented to in
the faid treaty) in regard it was agreed, That all neceffary proviſion
Should be made by the then parliament of Scotland for the publick
charge and fervice of that kingdom, for the year one thousand feven
hundred and feven; providing nevertheless, That if the parliament
of England fhould think fit to lay any further impofitions, by way of
customs, or fuch excifes with which, by virtue of the faid treaty,
Scotland was to be charged equal with England, in fuch cafe Scot-
land ſhould be liable to the fame customs and excifes, and have an equi-
valent to be fettled by the parliament of Great Britain: and where-
as by the terms of the faid treaty the fubjects of Scotland, for pre-
Serving an equality of trade throughout the united kingdom, would be
liable to feveral customs and excifes then payable in England, which
would be applicable towards payments of the debts of England, con-
tracted before the union: it was by the fifteenth article of the faid
treaty agreed, That Scotland ſhould have an equivalent for what the
Subjects
94
[1718.
Anno quinto GEORGII I. cc20.
.
. 20. fubjects thereof should be fo charged towards payment of the faid debts
of England in all particulars whatſoever, in manner therein expref-
ed, (viz.) That before the union of the Jaid kingdoms, the fum of
three hundred ninety eight thousand and eighty five pounds ten fhillings,
Should be granted to her faid Majefty by the parliament of England
for the ufes after mentioned, being the equivalent to be answered to
Scotland for fuch parts of the faid customs and excifes upon all ex-
cifeable liquors with which that kingdom was to be charged upon the
union, as would be applicable to the payment of the faid debts of Eng-
land, according to the proportions therein specified: and in regard that
after the union, Scotland becoming liable to the fame cuftoms and du-
ties payable on import and export, and to the fame excifes on all excife-
able liquors as in England, as well upon that account, as upon the
account of increase of trade and people, the faid revenues would much
improve beyond the annual values thereof fet down in the faid article,
whereof no prefent eflimate could then be made; yet nevertheless for
the reafons aforesaid, it was thereby declared, That there ought to be
a proportionable equivalent anfwered to Scotland: and it was agreed,
That after the union there fhould be an account kept of the faid du-
ties arifing in Scotland, to the end that it might appear what ought
to be answered to Scotland as an equivalent for fuch proportion of
the faid increafe as ſhould be applicable to the payment of the debts
of England: and for the further and more effectual anfwering the
feveral ends after mentioned, it was agreed, That from and after
the union, the whole increase of the revenues of customs and duties on
import and export, and excifes upon excifcable liquors in Scotland,
over and above the annual produce of the faid refpective duties as
therein flated, ſhould go and be applied for the term of feven years to
the ufes after mentioned; and that upon the faid account there should
be answered to Scotland annually, from the end of feven years after
the union, an equivalent in proportion to fuch part of the ſaid in-
creafe as should be applicable to the debts of England, and generally
that an equivalent fhould be answered to Scotland for fuch parts of
the English debts as Scotland might thereafter become liable to pay by
reafon of the union, other than fuch for which appropriations had been
made by parliament in England, of the customs or other duties on ex-
port or import, and excifes on all excifeable liquors, in reſpect of which
debts the equivalents were therein before provided; and as to the ufes to
which the ſaid ſum of three hundred ninety eight thousand and eighty
five pounds ten fillings, and all other monies which were to be an-
fwered or allowed in Scotland, as aforefaid, were to be applied, it was
by the faid treaty agreed, That in the first place, out of the aforesaid
fum, what confideration fhould be found neceſſary to be had for any
loffes which private perfons might fuftain by reducing the coin of Scot-
land to the standard and value of the coin of England, ſhould be made
good; in the next place, that the capital ſtock or fund of the then
African and Indian company of Scotland advanced, together with the
interest for the faid capital flock, after the rate of five pounds per
centum per annum, from the respective times of the payment there-
of, fhould be paid, upon payment of which capital flock and intereft,
it was agreed the faid company ſhould be diffolved and ceafe; and as
to
1718.]
95
Anno quinto GEORGII I. c. 20.
;
į
to the overplus of the ſaid ſum of three hundred ninety eight thou-
fand and eighty five pounds ten fillings (after payment of what
confideration fhould be had for loffes in repairing the coin, and paying
the faid capital ftock and intereft) and alfo the whole increase of the
faid revenues of customs, duties and excifes, above the then prefent
value, which should arife in Scotland, during the faid term of
feven years, together with the equivalent which should become due up-
on the improvement thereof in Scotland, after the ſaid term, and
alfo as to all other fums which according to the agreements aforefaid
might become payable to Scotland, by way of equivalent for what that
kingdom fhould thereafter become liable towards payment of the debts
of England, it was by the faid article agreed, That the ſame ſhould
be applied in manner following, viz. That all the publick debts of
the kingdom of Scotland, as should be adjusted by the then preſent
parliament, fhould be paid, and that two thousand pounds per annum,
for the Space of feven years, ſhould be applied towards incouraging and
promoting the manufacture of coarfe wool within thofe fhires which
produced the wool, and afterwards the fame should be wholly imploy-
ed towards incouraging and promoting the fisheries and fuch other ma-
nufactures and improvements in Scotland, as might most conduce to
the general good of the united kingdom; and it was agreed, That her
Majefty fhould be impowered to appoint commiffioners, who should be
accountable to the parliament of Great Britain, for difpofing the faid
fum of three hundred ninety eight thousand and eighty five pounds
ten fillings, and all other monies which should arife to Scotland, up-
on the agreements aforefaid, to the purposes before-mentioned, who
hould keep their office within the limits of Scotland, with fuch
powers, and be fubject to fuch directions for keeping accounts and per-
forming other matters and things, as in the faid fifteenth article
were prefcribed. And whereas for preventing all mistakes or abufes
which might hinder the ready application of the aforefaid money to the
proprietors, and others concerned in the flock of the African and In-
dian company of Scotland, conform to the faid article, there was an
act made in the laſt ſeſſion of the laſt parliament of Scotland, intituled,
Act concerning the payment of the fums out of the equivalent to
the African company, wherein it was enacted, That the directors of
the faid African and Indian company of Scotland ſhould make up ać-
counts of the fums advanced by the proprietors of the faid company, and
debts due to (a) the faid company, on the first day of May then next,
(a) Examined
as therein was prefcribed; and in like manner by another act of the with the record.
faid parliament of Scotland, intituled, Act concerning the publick.
debts, the payments to be made on account of the publick debts of Scot-
land, were adjuſted; as in and by the faid treaty of union, and feve-
ral acts before recited or mentioned (amongst other things therein con-
tained) relation being thereunto feverally had, may more fully appear.
And whereas the ſaid ſum of three hundred ninety eight thousand and
eighty five pounds ten fhillings, was paid for and on the part of Eng-
land to the commiffioners of the equivalent in Scotland, purſuant to
the aforefaid articles, and confiderable fums were by them iffued out ac-
cording to the fame, and the above recited acts of parliament in Scot-
land, but by experience it was found that fome further direction was
6
yet
.
i
96
[1718.
Anno quinto GEORGII I. c. 20,
?
• Ann. c. 24.
fect. 108.
C. 13.
yet necessary for the better application of what remained of the faid
fum unapplied, and all other fums which were or might become due
by virtue of the agreements aforefaid, and for the more effectual attain-
ing the ends mentioned in the faid fifteenth article of the treaty and
acts above recited; and therefore an act was made and paſſed in the
parliament of Great Britain in the fixth year of her faid late Majeſty's
reign, intituled, An act for the further directing the payment
of the equivalent money, containing powers and directions, as by
the fame, relation being thereunto alſo had, may more fully appear.
And whereas by an act of parliament of Great Britain, made in the
10 Ann. c. 26. tenth year of her faid late Majefty's reign, (amongst other things) for
obviating doubts concerning certain payments in Scotland, it was en-
acted, That the fees, falaries, and other charges allowed, or to be al-
lowed by her Majesty, her heirs or fucceffors, for keeping up the courts
of feffion and justiciary, and exchequer-court of Scotland, were and
might be chargeable upon any part of the revenues of customs and ex-
cife of Scotland, preferable to all other payments whatsoever, (the
charges of management excepted) but fo as not any way to prevent any
application of the excrefcence out of the faid customs and excife ap-
pointed by any former law, as by the fame act (relation being thereunto
12 Ann. flat. 2. had) may also more fully appear. And whereas an act of parliament
of Great Britain was made in the twelfth year of her faid late Ma-
jefty's reign, intituled, An act to diſcharge and acquit the commif-
fioners of equivalent for the fum of three hundred eighty one
thouſand five hundred and nine pounds fifteen fhillings and ten
pence halfpenny, by them duly iffued out of the fum of three
hundred ninety eight thouſand and eighty five pounds ten fhil-
lings, which they received, reciting, That the commiffioners for
difpofing the faid fum of three hundred ninety eight thousand and eigh-
ty five pounds ten fillings, and all other monies which should arife
to Scotland upon the agreements in the faid treaty of union, or the
major part of them, pursuant to feveral commiffions from her Majesty,
had well and duly iffued and paid the fum of three hundred eighty
one thousand five hundred and nine pounds fifteen fillings and ten
pence halfpenny, as directed by the laws in that behalf, in manner
therein fet down, (videlicet) towards the lofs which private perfons
Sustained by reducing the English money then in Scotland to the current
rate in England, the fum of three thousand and feventeen pounds eigh-
teen fillings and nine pence; for recoining the Scots and foreign mo-
ney, and reducing it to the ftandard of the coin of England, the fum
of forty nine thousand eight hundred eighty eight pounds fourteen fil-
lings and eleven pence one fixth part of a penny; towards payment of
the flock, intereſt, and debts of the Indian and African company, the
fum of two hundred twenty nine thousand fix hundred and eleven
pounds four fhillings and eight pence; towards the charges of the
commiffioners fecretaries and accountants of the two treaties of union,
the fum of thirty thouſand four hundred ninety eight pounds twelve
Shillings and two pence; towards payment of the first class of the civil
lift, the fum of twenty seven thousand five hundred and fifty three
pounds feventeen fillings and nine pence one third of a penny; to-
wards payment of the fecond class of the civil lift, the fum of four
thou-
1
:
97
1718.]
Anno quinto GEORGII I. c. 20.
:
:
thouſand fix hundred fifty five pounds and fix fhillings; towards pay-
ment of the first clafs of the military lift, the fum of fourteen thousand
one hundred eighty eight pounds and eight pence; towards payment
of the fecond clafs of the military lift, the fum of fourteen thousand
four hundred fifty eight pounds two fillings and eight pence and
five fixths of a penny; for the fees and falaries of the fervants of
the commiffion till the fourteenth of March and thirtieth of April
then laft paft, the fum of five thousand four hundred and thirteen
pounds eleven shillings and four pence; for the necessary charges of
the commiffion, and for defending of law fuits where the titles of
parties were not clear (those charges preceding the fix and twentieth
day of March then last past) the fum of two thousand two hun-
dred twenty four pounds fix fillings and ten pence one fixth of a
penny: and it was thereby declared, That the faid commiffioners of
the equivalent fhould be acquitted of the feveral fums above fet down,
amounting in the whole to the faid fum of three hundred eighty one
thousand five hundred and nine pounds fifteen fillings and ten pence
halfpenny; providing nevertheless, That nothing therein contained
Should free them from applying the fum of fixteen thousand five
hundred feventy five pounds fourteen Shillings and one penny half-
penny, being the ballance of the faid three hundred ninety eight thou-
fand and eighty five pounds ten shillings then remaining in their
hands, together with what other fums were or might become due and
payable to them, to fuch uses, and for ſuch purpoſes, as the former acts
therein mentioned did appoint and direct: and it appearing, That the
other publick debts of Scotland then unfatisfied, which were adjusted
and certified, pursuant to the directions of the feveral as therein re-
cited, did then amount to the fum of two hundred and thirty thouſand
three hundred and eight pounds nine fillings and ten pence five fixths
of a penny, including the intereft of fuch parts thereof as bore interest
from the four and twentieth day of June one thousand feven hundred
and eight to the four and twentieth day of June one thousand Seven
hundred and fourteen; it was thereby enacted, That it might and should
be lawful for the commiffioners of equivalent for the time being, or any
three or more of them, and they were thereby directed and required
forthwith to call for and receive all the certificates and other warrants,
and receive and cancel all the debentures for which the debt aforefaid,
amounting to the fum of two hundred and thirty thouſand three hun-
dred and eight pounds nine fhillings and ten pence five fixths of a pen-
my, was conftituted and eſtabliſhed, and iffue out new debentures devife-
able and transferrable, as the former debentures were, for the jaid
fum, to the feveral perfons proportionally and respectively entitled
thereunto, which new debentures are thereby enacted to bear intereft
from and after the faid four and twentieth day of June one thousand
Seven hundred and fourteen, after the rate of five pounds per centum
per annum; and that fuch interest shall be paid out of the first and
readieft of the monies which either were or fhould become due to Scot-
land by way of equivalent, according to the agreements in the treaty of
union above recited, and the principal according to the order and pre-
ferences mentioned in the fifteenth article of the faid treaty, and ſe-
VOL. XIV.
H
veral
98
[1718.
Anno quinto GEORGII I. c. 20.
:
C. 13.
12 Ann. ftat. 2. veral laws and acts therein mentioned, as by the faid act of the twelfth
year of her faid late Majefty's reign, relation being thereunto had,
1Geo.1. stat.2. may alfo more fully appear. And whereas by an act of parliament
$. 27%
12 Ann. ftat.2.
€. x3.
of Great Britain, made and paſſed in the first year of your Majesty's
reign, intituled, An act for taking and ſtating the debts due and
growing due to Scotland, by way of equivalent in the terms of the
union; and for relief of the creditors of the publick in Scotland,
and the commiffioners of the equivalent, your Majefty was im-
powered to appoint commiſſioners for taking, examining and ftating the
debts due and growing due to Scotland by way of equivalent, and
provifion was thereby made for payment of a fum not exceeding fif-
teen thousand eight hundred twenty two pounds eight shillings and feven
pence three farthings, to the commiffioners of equivalent in Scotland,
or any perfons appointed by them, or any two of them, out of the mo-
nies arifen or to arife by the faid revenues of customs and excife of Scot-
land, or either of them, for the payment of one year's intereft, (vide-
licet) from the twenty third of June one thousand feven hundred and
fourteen to the twenty fourth of June one thousand feven hundred and
fifteen of the capital fum of two hundred and thirty thouſand three
hundred and eight pounds nine fhillings and ten pence and five fixths
of a penny, ftated due to the creditors of the publick in Scotland, on
the twenty fourth of June one thousand feven hundred and fourteen,
purſuant to the faid act of the twelfth year of her faid late Majefty's
reign, and for payment of the falaries of the faid commiffioners of equi-
valent, and of the fees and falaries of their fervants, and neceffary
charges, from the ſaid twenty third of June one thouſand feven hun-
dred and fourteen to the twenty fourth of June one thoufand ſeven hun-
dred and fifteen; and by an act of parliament of Great Britain,
made in the third year of your Majesty's reign, for continuing the act
laft before recited, the powers given to your Majesty, for appointing
commiffioners for taking and ſtating the debts due and growing due
to Scotland, by way of equivalent in the terms of the union, were
continued for the term therein mentioned; and by the act laft mention-
ed the commiffioners of your Majefty's treafury were impowered (after
Ann. c. 26. paying or referving fufficient to pay the civil eftablishment in Scotland,
authorized by the ſaid act of the tenth year of her faid late Majefty's
reign) to caufe payment of a fum not exceeding thirty one thousand
five hundred fixty five pounds two fillings and five pence halfpenny,
to the commiffioners of the equivalent in Scotland, out of the monies arifen
or to arife out of any of the customs, duties, excifes or revenues, under the
management of the commiffioners of the customs and commiffioners of ex-
sife in Scotland, or either of them, for payment of two years intereft of
the faid capital fum of two hundred and thirty thousand three hundred
and eight pounds nine fillings and ten pence and five fixths of a pen-
ny, and of eighteen thousand two hundred forty one pounds ten hil-
lings and ten pence and two thirds of a penny, stated due to Wil-
liam Paterſon, efq; by an act of the first year of your Majesty's
reign, from the twenty third of June one thousand feven hundred and
fifteen to the twenty fourth of June one thouſand ſeven hundred and
Feventeen, and for payment of the falaries of the commiffioners of
* Geo. 1. c. 14.
*
quj.
1718.] Anno quinto GEORGII I. c. 20.
99
A
!
quivalent, and of the fees and falaries of their fervants, and the ne-
ceflary charges of the office for the faid two years; providing never-
theless, That the commiffioners of the equivalent of Scotland for the
time being, fhould fecure and retain in their hands the fum of four-
teen thousand pounds ſterling, appointed by the faid fifteenth article of
the union, for the encouragement of the manufacture of coarse wool, in
fuch fhires where the fame was or should be produced, to be applied for
the benefit of the faid manufacture, and the wool-mafters, and to
no other use or purpose whatsoever, as by the two acts last before re- 3 Geo. i. c. 14.
cited may also more fully appear; which feveral fums for payment of 10 Ann. c. 26.
intereft, falaries and charges, were iffued to the faid commiffioners of
equivalent accordingly. And whereas by reafon of many doubts arifing
in the construction of the faid fifteenth article of the faid treaty, and
other laws relating to the excrefcence of the faid equivalent, and to the
growing equivalent due and becoming due to Scotland, and by reaſon
of the many difficulties which attend feparating and diftinguishing be-
tween debts incurred before the union, and debts incurred for fervice of
the united kingdom (both which have without diftinction been provided
for fince the union) the commiffioners for taking and ſtating the debts
due and growing due to Scotland, by way of equivalent, have not been
able to adjust the accounts thereof for the time paft, and are like to meet
with infuperable difficulties therein for the future, during fo long
time as the fame is to continue in the terms of the ſaid treaty, al-
though the making or endeavouring to make fuch accounts is attended
with an exceſſive charge to the publick, and may occafion great vexa-
tions and difcontents in the united kingdom: for obviating where-
of, we your Majefty's moſt dutiful and loyal ſubjects, the com-
mons of Great Britain in parliament affembled, as we think it juſt
and reaſonable, fo we alfo judge it to be moft conducible to the
publick quiet and tranquillity, That in lieu and full diſcharge of
all equivalents whatſoever, that might hereafter be demanded from
England, or the united kingdom, upon the foot of the ſaid treaty,
fuch certain annuities or yearly funds and other provifions may
be fettled and eſtabliſhed for the fatisfaction of thoſe intereſted or
concerned in the monies which were expected to ariſe from the
faid equivalents, as are hereafter in this act expreſſed; and do
therefore humbly pray your Majefty, that it may be enacted, and
be it enacted by the King's moſt excellent majefty, by and with
the advice and conſent of the lords ſpiritual and temporal and
commons, in this prefent parliament affembled, and by the au-
thority of the fame, That yearly and every year, reckoning the From June 24,
first year to begin from the feaſt of the nativity of Saint John 1719. 10000l.
Baptift one thouſand ſeven hundred and nineteen, the full fum and2000l.ſhall
of ten thousand pounds of lawful money of Great Britain fhall be yearly
be one yearly fund, and the full fum of two thousand pounds purpoſes in
of like money fhall be another yearly fund, for the feveral pur- this act, and
poſes in this act expreffed concerning the fame yearly funds re- payable for e-
fpectively; and that the faid yearly funds fhall continue and be ver,butſubject
to redemption
payable for ever, fubject nevertheleſs to redemption by parlia- byparliament.
ment, according to the refpective provifoes herein after contain- Farther provi-
ed in that behalf; and that the ſaid ſeveral annuities or yearly fion is made
funds, concerning this
annuity of
H 2
funds for the
100
[1718.
Anno quinto GEORGII I. c. 20.
1
1
der the ma-
nagement of
the commif-
fioners of cu-
ftoms and ex-
cife in Scot-
land.
soool. by
funds, during the continuance thereof reſpectively, ſhall be
13 Geo. 1. c. 30. charged and chargeable upon, and be payable and paid out of
payable out of the monies arifen and to arife, from time to time, of or for any
the duties un- the cuſtoms, duties, exciſes or revenues, that are or thall be un-
der the management of the commiffioners of the cuſtoms and
commiffioners of the exciſe in Scotland, or either of them, or of
any commiffioners, farmers or managers of thofe revenues, or
any of them, for the time being, which fhall from time to time
remain, after paying or referving fufficient to pay the charges of
managing the faid revenues, and of keeping up the faid three
courts, and other charges of the civil government in Scotland,
purſuant to fuch eſtabliſhment or eſtabliſhments as are or ſhall be
made in that behalf, and with preference to all payments what-
foever, other than thoſe charges, and other than ſuch drawbacks
and allowances, as are or thall be fettled by any act or acts of
parliament to be made out of the faid revenues, or any of them.
II. And it is hereby enacted, That in cafe the produce of the
faid duties, cuſtoms, exciſes or revenues fhall at any time or times
appear to be fo low or deficient, as that there ſhould not be fuf-
ficient thereof to fatisfy the faid annuities or yearly funds of ten
thouſand pounds and two thouſand pounds, or either of them,
when the fame fhall become due, then and ſo often and in every
troduced by ſuch caſe, the deficiencies thereof ſhall and may be fatisfied and
virtue of the made good by or out of any other revenues in Scotland, which
union, except were introduced by virtue of the faid treaty of union, or to which
the ſubjects of Scotland are or ſhall be liable, other than ſuch re-
venues as are exprefly appropriated to any particular ufe or uſes
by any act or acts of parliament of Great Britain made fince the
faid act for confirming the faid treaty of union.
In cafe of de-
ficiency the
faid fums to
be made good
out of any o
therrevenue in
Scotland, in-
fuch as are o-
therwiſe ap-
propriated.
The faid funds
at the four
moft ufual
feaſts.
III. And it is hereby enacted by the authority aforefaid, That
fhall be paid the faid feveral annuities or funds of ten thouſand pounds and
two thouſand pounds per annum ſhall be paid and payable at the
four moſt uſual feafts in the year, that is to fay, the feaſt of Saint
Michael the Archangel, the birth of our Lord Chriſt, the annun-
ciation of the Bleffed Virgin Mary, and the feaſt of the nativity.
of Saint John Baptift, by even and equal portions, until the re-
demption of the fame reſpectively according to the reſpective
'Firſt payment provifoes herein after contained in that behalf; the first payment
to begin at
thereof to be due and accounted due and payable at the feaſt of
Michaelmas
Saint Michael the Archangel in the year of our Lord one thoufand
The funds free feven hundred and nineteen; and that the faid feveral annuities.
or yearly funds and every part thereof fhall be free from all taxes
or publick charges and impofitions whatſoever laid or to be laid
thereupon by authority of parliament.
1719.
from taxes.
The treasury
to iſſue war-
rants for pay
ment of the
faid yearly
funds.
IV. And it is hereby enacted by the authority aforefaid, That
the commiffioners of his Majefty's treaſury now being, and the
high treaſurer of Great Britain and the commiffioners of the trea-
fury of his Majefty, his heirs and fucceffors for the time being,
ſhall and they refpectively are hereby impowered and ſtrictly en-
joined and required to iffue their warrants and orders for making
the payments of the ſaid annuities or yearly funds from time to
time
我​气
​$718.]
101
Anno quinto GEORGII I. C. 20.
time, according to the true intent and meaning of this act; and To be made
that the payments thereof ſhall be made by the proper commif- without fee or
fioners or officers from time to time without any fees or charges charge.
whatſoever to be demanded or taken for paying the fame; and Penalty of di-
if any commiffioner, receiver general, officer or other perfon or verting or mi
applying the
perfons, who ſhall have in his or their hands any the monies fame.
which, in purſuance of this act, ſhall be ordered or appointed
for payment of the ſaid annuities or yearly funds, or either of
them, thall divert or mifapply the fame or any part thereof, con-
trary to the tenor and true meaning of this act, then every ſuch
commiffioner, receiver general, officer or perfon, for ſuch offence
ſhall be rendred incapable to ferve his Majeſty, his heirs or fuc-
ceffors, in any office or employment of truft or profit, and be
liable to pay double the value of the money fo diverted or miſ-
applied to the ufe of the corporation which fhall be erected in
purſuance of this act, for the benefit of the creditors of Scotland;
and to be recovered by action of debt or of the caſe, bill, ſuit or
information in any of his Majefty's courts of record at Weftmin-
fter, or in the faid court of exchequer of Scotland, wherein no
offoin, protection, wager of law, or more than one imparlance
ſhall be granted or allowed.
debts stated
V. And be it further enacted by the authority aforefaid, The King may
That it ſhall and may be lawful to and for the King's majeſty, by letters pa-
by letters patents under the great feal of Great Britain, to incor- tent incorpo-
porate all and every the proprietors of the debts and fums of mo- rate the pro-
ney ftated to amount to the faid principal fums of two hundred prietors of the
and thirty thouſand three hundred and eight pounds nine fhil- due to Scot-
lings and ten pence and five fixths of a penny, and eighteen land:
thouſand two hundred forty one pounds ten fhillings and ten
pence two thirds of a penny; both fums making two hundred
forty eight thoufand five hundred and fifty pounds and nine
pence halfpenny; and all and every perſon and perſons, natives
and foreigners, bodies politick and corporate, which as executors,
adminiſtrators, fucceffors or affigns, or by any other lawful title
derived or to be derived from, by or under the ſaid proprietors,
at any time or times hereafter, fhall have or be entitled to any
part, ſhare or intereſt of or in the faid capital fums amounting to
two hundred forty eight thouſand five hundred and fifty pounds
and nine pence halfpenny, ſo long as they reſpectively ſhall have
any part, ſhare or intereft therein, to be one body politick and
corporate, by fuch name as the King's majeſty ſhall think moſt
proper; and that by fuch name the faid corporation fhall have Which corpo-
perpetual fucceffion, (fubject nevertheleſs to fuch redemption as ration fhall
is herein after appointed in that behalf;) and that they and their have perpetu
fucceffors, by the name aforefaid, fhall be able and capable in law al fucceffion,
to fue and implead, be fued and impleaded, anſwer and be an- and may fue o
ſwered in courts of record or any other place whatſoever, in all be fued.
actions and caufes whatſoever, for, touching or concerning the
receiving and recovering of the ſaid annuity or fund of ten thou-
fand pounds per annum, and the diſtribution thereof to thoſe who
hall from time to time be intereſted in the fame, with fuch
H 3
powers
1
102
[1718.
Anno quinto GEORGII I. C.20.
&c.
powers to do and perform fuch other matters and things apper-
taining to them to do or perform touching or concerning the
faid capital fums and the faid yearly fund payable in reſpect
thereof, as the King's majefty by the fame letters patents hall
think fit to grant.
The capital
VI. And it is hereby enacted by the authority aforefaid,
fums to be a That the faid capital fums amounting to two hundred forty eight
joint ſtock,and thouſand five hundred and fifty pounds and nine pence half-
transferrable,
penny ſhall be and be deemed to be the capital or joint ftock of
the ſaid corporation; and that the fhares and intereſts of the
particular members of and in the fame from time to time ſhall
be affignable, transferrable and deviſeable in fuch manner as the
King's majeſty by the faid letters patents ſhall preſcribe and ap-
point, until the redemption thereof.
Members of
the corpora-
tion entitled
proportion to
to annuities in
their fhares,
and payable
quarterly.
VII. And it is hereby further enacted by the authority afore-
faid, That all and every the members of the faid corporation
fhall have and be entitled to an annuity or yearly fum in pro-
portion to his or their ſhare in the faid capital fum and ſtock of
two hundred forty eight thouſand five hundred and fifty pounds.
and nine pence halfpenny; which annuities or yearly fums fhall
be paid and payable at the four moft ufual feafts in the year be-
fore-mentioned, by even and equal portions, until the redemp-
tion thereof by parliament according to the provifo herein af-
ter contained in that behalf.
VIII. And whereas by virtue of former acts of parliament, de-
bentures were authorized and directed to be made forth for the faid
feveral debts amounting to two hundred forty eight thousand five hun-
dred and fifty pounds and nine pence halfpenny, which are affignable
and transferrable by indorſement, and bear intereft at the rate of five
pounds per centum per annum, and fome of the perfons interested in
part of the faid debts have not yet taken forth the debentures to which
The judges of they respectively are entitled pursuant to the faid acts: now it is
the exchequer hereby enacted and declared by the authority aforefaid, That in
all ſuch caſes the judges of the court of exchequer in Scotland,
or any three or more of them (being ſatisfied in the titles of ſuch
perfons enti- perfons) fhall make forth and fign debentures for fuch particular
fums for which fuch debentures are not already made forth, and
deliver the fame to the perfons entitled thereto refpectively, or
none are al- fuch as they reſpectively fhall appoint to receive the fame; which
ready made
ſhall bear intereft and be transferrable and affignable, and be
forth;
which deben- made and iffued in the ſame manner and form and under fuch
tures fhall bear conditions, as if they had been made forth by the commiſſion-
intereft,and be ers for difpofing the equivalents in Scotland, according to the ſaid
former act.
in Scotland
ſhall make de-
bentures to
tled to fums
for which
transferrable
&c.
IX. And to the end it may be known who are the proprie-
tors of the faid capital fums amounting to two hundred forty
eight thouſand five hundred and fifty pounds and nine pence
halfpenny; it is hereby enacted by the authority aforeſaid,
That the judges of his Majefty's court of exchequer in Scotland
judges to give fhall, by publick publication at the market-crofs at Edinburgh,
bit debentures or by any other form of publick publication as the faid judges
The faid
notice to exhi-
ſhall
1718.]
103
Anno quinto GEORGII I. C. 20.
1
ſhall think fit, intimate to all parties within or without the king- to be regiſtred
dom, having intereſts in the faid ſtated debts of Scotland, to pro- by the King's
duce or caufe to be produced before the faid judges in Edinburgh, remembran-
in the ordinary place where the faid court of exchequer meets, cer, &c.
at or before any day or days to be by them therein prefixed, not
ihorter than fix months from the date of the publick publication
at the market-croſs of Edinburgh, and there to exhibit their de-
bentures to be regiſtred in the ſaid court of exchequer; which Fees for regi-
thall be accordingly regiſtred there by the King's remembrancer ftring.
for the time being without fee or charge, other than the fum of
fix pence for regiſtring every fuch debenture wherein the prin-
cipal fhall exceed fifty pounds; to which regiſter all perfons
concerned fhall and may have free acceſs at all ſeaſonable times
without fee or charge.
X. And it being just and reaſonable that intereft due on the faid
debts, after the rate of five pounds per centum per annum, from the
three and twentieth day of June one thousand feven hundred and feven-
teen, until the faid feast of the nativity of Saint John Baptiſt one
thouſand ſeven hundred and nineteen, together with the charges of the
commiſſion of the equivalent in Scotland, ſhould be provided for: be
it further enacted by the authority aforefaid, That the commif- Out of the mo-
nies arifing by
fioners of the treaſury, or lord high treaſurer of Great Britain for the faid cu
the time being, fhall and may and they are hereby impowered toms, &c. the
and directed, out of the monies arifen and to arife of or for the treaſury ſhall
faid cuftoms, duties, excifes and other revenues charged with caufe payment
to
to be made to
the ſaid annuities or yearly funds as aforefaid, which thall from fuch perfons as
time to time remain next after paying or referving fufficient to the King un-
pay, as well the charges of managing the fame revenues and der his fign
keeping up the three courts, and the faid other charges of the manual ſhall
direct, of
civil government in Scotland, as alfo the fums which fhall be
30,8231.78.2d.
grown due and in arrear from time to time for or upon the faid for intereſt of
annuities or funds of ten thouſand pounds and two thouſand the capital
pounds per annum, or either of them, to caufe payment to be fums, &c.
made unto fuch perfons as his Majefty, by any warrant or war-
rants under his royal fign manual, counter-figned by the com-
miffioners of the treaſury or any three or more of them, or the
high treaſurer of Great Britain for the time being, fhall intruſt
to receive the fame, of the full fum of thirty thoufand eight hun-
dred twenty three pounds ſeven ſhillings and two pence for pay-
ment of the intereſt, after the rate of five pounds per centum per
annum, of the faid capital fums amounting to two hundred forty
eight thouſand five hundred and fifty nine pounds and nine
pence halfpenny, and for payment of the falaries of the faid
commiffioners for difpofing the equivalent, and of the fees and
ſalaries of their fervants and the neceffary charges of their office
for two years, ended at the faid feaſt of the nativity of Saint
John Baptift one thouſand feven hundred and nineteen; from
which time all falaries and other charges relating to that com-
miffion fhall ceafe and determine.
charter of in-
Till fuch
XI. And it is hereby enacted by the authority aforefaid,
That until ſuch letters patents or charter of incorporation as afore- corporation be
H 4
Laid granted, the
104
[1718.
Anno quinto GEORGII I. c. 20.
S
faid fhall be actually granted and paffed under feal, the faid
yearly fund of
10,000l. fhall annuity or fund of ten thousand pounds per annum fhall be paid
be paid to fuch and payable unto fuch perfons as his Majefty, by any warrant
perfons as his
his or warrants under his royal fign manual, counter-figned by the
Majefty fhall
direct, for the
commiffioners of the treafury or any three or more of them,
ufe of the pro- or the high treaſurer of Great Britain for the time being, fhalĺ
prietors inte- appoint to receive the fame, in truft for the uſe and benefit of
rested in the the faid proprietors intereſted or to be intereſted in the ſaid de-
debentures.
bentures for the faid debts not exceeding two hundred forty
eight thouſand five hundred and fifty pounds and nine pence
halfpenny, according to their reſpective ſhares and intereſts
therein, and until the paffing of fuch letters patents or charter
of incorporation, the faid debentures fhall continue to be af-
And after the fignable or transferrable by indorſements thereupon; and from
granting fuch and after the granting fuch letters patents or charter of incor-
charter it ſhall poration, and paffing the fame under feal as aforefaid, the faid
be paid to the annuity or fund of ten thousand pounds per annum thall be paid
corporation. and payable to the fame corporation, or to their cashier for the
Clauſe of re-
time being, for their ufe, to be divided and diſtributed to and
amongſt the ſeveral members thereof according and in propor-
tion to their reſpective ſhares of and in the faid capital or joint
ftock of the fame, and to or for none other ufe, intent or pur-
poſe whatſoever.
XII. Provided always, and it is hereby enacted, That at
demption of any time, upon payment by the parliament of Great Britain of
the faid yearly the faid capital fum of two hundred forty eight thouſand five
fum of 10,000l. hundred and fifty pounds and nine pence halfpenny, without
any deduction or abatement whatſoever to be made out of the
fame or any part thereof, and of all arrears of the ſaid annuity
or yearly fund of ten thousand pounds then due, computing the
fame quarterly, till the end of the then next preceding quarter
of a year, and from thenceforth by the day, until the day of
fuch payment made (if any ſuch arrears be) then and not till
then, and from thenceforth the faid annuity or fund of ten thou-
fand pounds per annum fhall ceafe and determine; this prefent act,
or any thing herein contained to the contrary notwithſtanding.
XIII. And be it further enacted and declared by the autho-
rity aforefaid, That the judges of the court of exchequer in
The judges of Scotland fhall forthwith call the faid commiffioners of the equi-
the exchequer
in Scotland to valent in Scotland to an account for the faid balance of fixteen
call the com- thouſand five hundred ſeventy five pounds fourteen ſhillings and
miffioners of one penny halfpenny, and for the faid fums of fifteen thouſand
equivalent to
eight hundred twenty two pounds eight fhillings and feven pence
account forthe
three farthings, and thirty one thoufand five hundred fixty five
pounds two fhillings and five pence halfpenny, by them receiv-
ed as aforefaid; and after deduction of all their due payments and
and cauſe it to juft allowances, to caufe the balance of fuch account to be paid over
perfons as the to fuch perſons as his Majefty, by any warrant or warrants under
King fhall
his royal fign manual, counter-figned by the commiffioners of the
direct. treaſury or any three or more of them, or the high treaſurer of
Great Britain for the time being, fhall from time to time appoint
balance, &c.
be paid to fuch
to
1718.]
105
Anno quinto GEORGII I. c. 20.
to receive the fame, in truft to and for the ufes and purpoſes
whereunto the fame is liable purſuant to the faid former acts,
and thereupon to free and liberate the faid commiffioners of
equivalent in Scotland upon their faid accounts.
ann. to be an-
XIV. And as to, for and concerning the ſaid annuity or fund The fund of
2000l. per
of two thousand pounds per annum by this act fettled until the re-
demption thereof by parliament; it is hereby enacted and de- plied towards
clared by the authority aforefaid, That the fame fhall be wholly promoting the
applied towards the encouraging and promoting the fisheries and fisheries, &c.
fuch other manufactures and improvements in Scotland, as may
moſt conduce to the general good of the united kingdom, ac-
cording to the tenor and true meaning of the faid fifteenth article.
of the ſaid treaty of union, and to none other uſe, intent or pur-
pofe whatſoever.
in Scotland.
not liable to
any arreſt-
XV. And it is hereby enacted by the authority aforefaid, The faid funds
That the faid annuities or funds of ten thouſand pounds and to be perfonal
two thouſand pounds per annum, and the ſeveral ſhares and in- eftates, and
tereſts of the creditors, proprietors or members that are or ſhall
be entitled thereunto, fhall be deemed and taken to be perſonal ment.
or moveable eſtates, and upon deaths fhall go to executors or
adminiſtrators, and not be deſcendable to heirs; and ſuch ſhares
or intereſts in the capital ſtock of the ſaid corporation, or in the
hands of their caſhier for the time being, or in the hands of a-
ny truſtees appointed or to be appointed to receive the ſame as
aforefaid, fhall not be liable to any arreſtment or attachment
that ſhall be laid thereupon; any law, cuſtom or uſage to the
contrary notwithstanding.
:
XVI. And it is hereby alſo enacted and declared by the au- None ſhall in-
thority aforesaid, That no perſon whatſoever ſhall incur any in- cur any inca-
capacity, difability, penalty or forfeiture whatſoever, only for pacity.e. for
putting this act in execution, or for accepting or exercifing any act in execu-
putting this
office or truft whatfoever, in purfuance of this act or of any tion, &c.
charter, letters patents or warrant to be granted by his Maje-
fty in purſuance thereof; any former law or ſtatute or provifion
to the contrary notwithstanding.
all arrears, the
XVII. Provided always, and it is hereby enacted, That at Upon pay-
any time, upon payment by the parliament of Great Britain of ment of
the full fum of forty thousand pounds fterling, without any de- 40,000 l. and
duction or abatement whatſoever to be made out of the fame or faid yearly
any part thereof, and all arrears (if any fuch be) of the faid an- fund of 2000 l.
nuity or yearly fum of two thousand pounds then due, comput- ſhall ceaſe.
ing the fame quarterly, to the end of the then next preceding
quarter of a year, and from thenceforth by the day, until the
day of fuch payment made, then and not till then, and from
thenceforth the faid annuity or yearly fund of two thoufand
pounds fhall ceafe and determine; this prefent act, or any
thing herein contained to the contrary notwithſtanding.
. XVIII. And it is hereby declared and enacted by the autho- The faid an-
rity aforefaid, That the faid annuities or funds of ten thouſand nuities to be
pounds per annum and two thouſand pounds per annum, and in full dif-
other payments by this act directed and appointed, fhall be in charge of all
lieu equivalents.
106
[1718.
Anno quinto GEORGII I. c. 20.
lieu and full diſcharge of all equivalents whatſoever, which ſhall
or may be claimed or demanded by Scotland or on the behalf of
Scotland, by reafon of the faid treaty or otherwife in regard of
the ſaid union; and that the united kingdom of Great Britain,
or any the revenues thereof, fhall not be liable to any further or
future demands of or for any fuch equivalents, or to the ex-
pence or charge of keeping or rendring any further or future ac-
counts thereof (the faid yearly funds and other payments by
this act eſtabliſhed or appointed always excepted).
The commif- XIX. And it is hereby declared, That the prefent commiffion
fion of equiva- for taking and ſtating the debts due and growing due to Scot-
lent to conti- land by way of equivalent, and the ſalaries and other charges of
nue no longer that commiffion, fhall or may be continued to the faid feaſt of
the nativity of Saint John Baptift one thouſand ſeven hundred
and nineteen, and no longer.
than Midfum-
iner 1719.
The King's
fubjects in
Scotland not
to be answer-
able for any
XX. And in regard by the fourteenth article of the faid treaty it
was agreed or mentioned, That all necessary provifion ſhould be
made by the then parliament of Scotland for the publick charge
and fervice of that kingdom for the year one thousand feven hundred
deficiency for and feven, it is hereby declared, That his Majeſty's ſubjects in
the fervice of Scotland, fhall not be anfwerable for any deficiency which hap-
that kingdom pened in making that provifion; any former law or ſtatute what-
foever to the contrary notwithſtanding.
for the year
1707.
A
The yearly
fum of 600l.
ſhall be paid
to the faid
corporation
towards the
charges of
management,
&c.
To be payable
out of the
ſame funds.
XXI. And forafmuch as the intended corporation cannot receive
and diftribute the annuity of ten thousand pounds per annum, and de-
fray the other neceſſary charges of management without leffening their
intereft, which if wholly born by the members thereof, would prove a
great difcouragement to them: be it therefore enacted by the au-
thority aforefaid, That over and above the faid annuity or fund
of ten thousand pounds hereby fettled to be paid to the faid cor.
poration, there fhall be paid and payable to the faid corporation
to be erected by virtue of this act, and their fucceffors, until
the faid annual fum herein before ſettled fhall be redeemed as a-
forefaid, or to ſuch perſon or perſons as fhall be authorized un-
der the common feal of the faid corporation to receive the fame,
for the ufe of the faid corporation, the further annual fum of fix
hundred pounds for and towards the charge of management, and
other neceffary charges in receiving and diſtributing of the faid
annuity of ten thousand pounds payable to the ſaid corporation,
and the ſeveral members thereof as aforefaid; which annual ſum
of fix hundred pounds is hereby charged and chargeable upon,
and made to be paid and payable by and out of the fame funds,
and at fuch time and times, and in fuch manner, and by the
fame ways, means and methods, as is and are herein and here-
by preſcribed, ſettled or appointed for payment of the ſaid an-
nuity of ten thousand pounds per annum,
XXII.. And whereas feveral of the above-mentioned debentures,
which were iſſued pursuant to the acts of parliament aforesaid, have
by cafualty or miſchance been lost, burnt or otherwife deftroyed: be it
therefore enacted by the authority aforefaid, That in all cafes
where
1718.]
107.
Anno quinto GEORGII I. C. 21.
in Scotland
where it ſhall appear to the faid barons of the court of exche- The barons of
quer in Scotland, to their ſatisfaction, that any fuch debentures the exchequer
have been or are loft, burnt or otherwife deftroyed, and that
may iffue new
there be good reaſon to believe the fame to have been burnt, loft debentures in
or otherwiſe deſtroyed; it fhall and may be lawful for the faid lieu of fuch as
barons, or any three or more of them, to iffue or make forth have been
new debentures of the fame tenor and contents with the deben- burnt, loft,&c.
tures loft, burnt or deſtroyed as aforefaid, on fecurity given to
the good-liking of the ſaid barons of the court of exchequer in
Scotland by the perfon or perfons claiming ſuch debentures, a-
gainſt all other perfons whatſoever, concerning the monies fpe-
cified in or due upon fuch debentures.
CAP. XXI.
An act for the better fecuring the lawful trade of his Maje-
Sty's fubjects to and from the Eaft-Indies; and for the
more effectual preventing all his Majeſty's fubjects trading
thither under foreign commiffions.
WHEREAS it is of great importance to the welfare of this
kingdom, That the trade and traffick to and from the Eaft-
Indies in the countries and parts of Afia and Africa, and to and from
fuch places of Afia, Africa and America, or any of them, beyond the
cape of Bona Efperanza to the ftreights of Magellan, where any
trade or traffick of merchandize is or may be used or had, be regulat-
ed according to the acts of parliament relating thereto, and the royal
charters or grants made in purſuance thereof and whereas in and
by an act of parliament of the ninth year of the reign of his late 9 & 10 W. 3.
majesty King William the Third, of glorious memory, it is enacted C. 44.
and provided, That the faid Eaft-Indies, or the islands, havens,
forts, cities, towns or places within the limits aforefaid, fhould not
be vifited, frequented or haunted by any of the fubjects of his Majesty,
other than fuch as might lawfully go and trade there; and that if any
of the fubjects of his faid late Majefty, his heirs or fucceffors, of
what degree or quality foever, other than fuch as might or may law-
fully go and trade to the E. ft-Indies or other the parts in the fame
act mentioned, by virtue thereof, should directly or indirectly vifit,
haunt, frequent, trade, traffick or adventure into or from the faid
East-Indies or other the parts aforefaid, all and every fuch offender
and offender's fhould incur juch forfeitures and loffes, as in the faid act
is and are for that purpofe appointed: and it is alfo provided by the
fame act and by ſubſequent laws, That all the goods, wares, merchan-
dizes and commodities to be laden upon any ſhip or ſhips bound from
the faid Eaft-Indies or parts within the limits aforefaid, fhould be
brought without breaking bulk to fome port of Great Britain, and
there be unladen and put on land; notwithstanding which just and
reaſonable provifions and restrictions feveral of his Majesty's fubjects,
not entitled under the faid acts of parliament, have prefumed to trade
into and viſit the ſaid Eaft-Indies and other the places aforefaid in
foreign and other ſhips, intending there to load goods, and to bring
them into Europe, and land them in foreign parts out of his Maje-
jefty's dominions, to the great prejudice of the trade of this king-
dom's
108
[1718.
Anno quinto GEORGII I. C. 21.
dom, and the diminution of his Majesty's customs and other
duties: all which practices being confidered, his royal highness
George prince of Wales, then guardian of the realm of Great
Britain, and his Majesty's lieutenant within the fame, was pleafed
on the eighteenth day of October which was in the year of our
Lord one thouſand ſeven hundred and fixteen, to iſſue forth a procla-
mation (amongst other things) ftrictly charging and commanding all his
Majefty's fubjects not to ferve on board any foreign or other ſhips, with
foreign commiffions and colours, bound to or from the Eaft Indies or
any the parts aforefaid; or directly or indirectly to viſit, haunt, fre-
quent, trade, traffick or adventure into or from the faid Eaft Indies
or other the parts before-mentioned, contrary to law: but notwith-
Standing the prohibitions contained in the faid acts of parliament and
proclamation, and in defiance of the fame, feveral evil-difpofed perfons
have gone on to procure and obtain ſeveral foreign commiffions or
paſſes, and under colour thereof or otherwise have fitted out and
manned feveral English and other ships or veffels, and have failed with
or fent out the fame to trade and traffick in the East Indies or other
the parts aforefaid: now to the intent that fuch collufive, frau-
dulent and illegal trade and practices may be prevented, and
that ſo confiderable and beneficial a branch of trade may be ſe-
cured to this kingdom; be it enacted and declared by the King's
moſt excellent majeſty, by and with the advice and conſent of the
After Feb. 20, lords fpiritual and temporal and commons, in parliament af-
1718, none fembled, and by the authority of the fame, That if any of his
fhall go to
the East Indies,
Majefty's fubjects fhall, from and after the twentieth day of Fe-
&c. contrary bruary in the year of our Lord one thouſand ſeven hundred and
eighteen, fail, go or repair to or be in the East Indies or parts a-
fore-mentioned, or any of them, contrary to the laws now in
being or contrary to the tenor of this act, every ſuch perſon and
perfons ſo offending thall be liable to fuch punishment, as by
any law or laws now in being may be inflicted for fuch offence.
II. And to the intent that fuch offender and offenders may be brought
may feize fuch to justice, it is hereby enacted, That it ſhall and may be lawful,
perfons, and
to and for the united company of merchants of England trading
fend them to
England,there to the East Indies, and their fucceffors, to take, arreſt and ſeize,
to answer for or cauſe to be taken, arreſted and ſeized, fuch perſon or per-
the offence. fons, being a fubject or fubjects of his Majefty, his heirs or fuc-
ceffors, at any place or places, or where he or they ſhall be
found within the limits or places aforefaid; and the perfon and
perfons fo taken, arrefted and feized, to fend and remit to Eng-
land, there to anſwer for the offence aforefaid, according to due
After Feb. 5, courſe of law,
1718, perfons III. And it is hereby further enacted by the authority afore
procuring,&c. faid, That all and every perfon and perfons, who from and af-
ter the fifth day of February one thouſand feven hundred and
foreignprince, eighteen, fhall procure, folicit for, obtain or act under any com-
&c. to trade to miffion, authority, or paſs from any foreign prince, ſtate or po-
the Eaft Indies, tentate whatſoever, to fail or go, or trade in or to the East Indies,
or any the parts aforefaid, every ſuch perſon or perſons ſo offend.
ing herein, fhall incur and forfeit for every fuch offence the fum
of five hundred pounds,
to the laws
now in being
The Eaft In-
dia company
any commiffi-
on from any
&c. fhall for-
feit gool,
IV. And
1718.]
109
Anno quinto GEORGII I. C.22.
!
IV. And it is hereby enacted, That all the faid penalties and Forfeitures,
forfeitures ſhall or may be fued for and recovered in any of his how to be re-
Majeſty's courts of record at Westminster, by bill, plaint, informa- covered and
tion, or otherwife, wherein no effoin, wager of law, or protect- diſpoſed.
ion, ſhall be allowed, nor any more than one imparlance; one
half-part of which faid penalties and forfeitures fhall be to the
uſe of ſuch perſon or perſons as will inform or fue for the fame;
and the other half-part to his Majeſty, his heirs and fucceffors.
V. Provided always, That this act, or any thing herein con- Not to preju-
tained, ſhall not extend, or be conftrued, deemed, or taken to dice the South-
extend, to reſtrain or prejudice fuch trade or right of trade or Sea company.
navigation within any part of the limits aforefaid, as the gover-
nor and company of merchants of Great Britain trading to the
South-Seas, and other parts of America, and for encouraging the
fiſhery, now are entitled unto; any thing herein contained to
the contrary in any wife notwithſtanding.
VI. Provided nevertheleſs, and it is hereby enacted, That this Continuance
act ſhall continue in force for five years, and from thence to the of this act.
end of the next feffion of parliament, and no longer. Continued
by 9 Geo. 1. c. 26. fect. 10. for ſeven years from March one
thouſand ſeven hundred twenty three, and further continued by
5 Geo. 2. c. 29. for seven years from May one thouſand ſeven
hundred thirty two, and by 20 Geo. 2. c. 47. to 25 March one
thouſand ſeven hundred and eighty.
CAP. XXII.
An alt for enlarging the time to determine claims on the for-
feited eftates.
W
HEREAS by an act made in the fourth year of his Maje-
fty's reign, intituled, An act for veſting the forfeited eitates
in Great Britain and Ireland in truſtees, to be fold for the uſe of
the publick; and for giving relief to lawful creditors by deter-
mining the claims; and for the more effectual bringing into the
reſpective exchequers the rents and profits of the faid eftates, till
fold, it is (amongst other things) enacted, That the commiffioners and
truſtees therein named, or any four or more of them should, and they
are hereby required and impowered to hear, determine and adjudge, all
and every claim or claims which then were or should, within the times
therein mentioned, be entred, as foon as conveniently might be, before
the twenty fifth day of March one thouſand ſeven hundred and nine-
teen: and whereas it is (by the faid recited act) further enacted,
That every claimant, who shall not acquiefce and reft fatisfied in the
judgment, determination, or decree of the faid commiffioners and tru-
ftees may, within the time therein mentioned, appeal from and preſent
exceptions thereto, in fuch manner as by the faid act is directed; and
for the determining fuch appeals, it is thereby alſo enacted, That it
fhould be lawful for his Majesty, by commiffion under the great fea
of Great Britain and Ireland respectively, to nominate, appoint and
authorize, any five of the judges of England, Scotland and Ireland
respectively (the major part whereof to be a Quorum) which ſhould
be
1
4 Geo. 1. c. 8.
110
[1718.
Anno quinto GEORGII I. C. 23.
be courts of delegates and of record in England, Scotland and Ireland
respectively, to hear and determine fuch appeals, and to affirm, re-
peal, alter or reverſe the judgments, determinations or decrees of the
faid commiffioners and trustees; all which appeals ſhould be by the re-
Spective courts of delegates, finally heard and determined before the
twenty fourth day of June one thouſand ſeven hundred and nineteen:
and whereas by reafon of the great number of claims made and entred
on the faid forfeited eftates, very many of them will, on the faid twen-
ty fifth day of March one thousand feven hundred and nineteen, be
left unheard and undetermined; be it enacted, &c.
The time for hearing claims enlarged to June 24, 1720. and from thence
to the end of the next feffion. The King may appoint five of the judges
to be a court of record. The time given to the courts of delegates enlarg-
ed to Sept. 29, 1720. and from thence to three months after the end of the
next feflion. The time for diſcovery of any concealed debts, &c. enlarg-
ed to 24 June 1720, and from thence to the end of next feffion. And the
diſcoverers entitled to the benefits of the act 1 Geo. 1. ftat. 2. c. 50. The
courts of delegates to appoint regiſters, clerks, &c. who fhall be ſworn.
And fhall have fuch falaries, as the treaſury thall judge reaſonable. To
be paid as directed by the act 4 Geo. 1. c. 8. The courts of delegates
may remit to the commiffioners fuch claims as they fhall think proper, who
fhall proceed as directed by the delegates. But claimants may appeal from
fuch fubfequent proceedings. The delegates in England may determine
appeals relating to eſtates in Ireland. And their determination ſhall be
binding. Any three of the commiffioners refiding in England, &c. ſhall
be a court of record in Ireland, and their decrees fhall be valid. Perfons
pretending title to eftates feized in Scotland, and that the perfons attaint-
ed were not poffeffed thereof; or that they have right to ſuch eſtate as
fuperior or vaffal, by virtue of 1 Geo. 1. ftat. 2. c. 20. may preſent their
exceptions to the court of feffions in Scotland, before Auguft 1, 1719.
which court fhall determine the fame in a fummary way before Nov. 1,
If it appear that the attainted perſons had ſuch eſtate, or that the
claim of the party excepting fhould have been entred by virtue of 1 Geo.
1. ftat. 2. c. 50. it fhall not be determined by the court, but as by 4 Geo.
1. c. 8. is directed, unless the party excepting claim by 1 Geo. 1. ftat. 2.
C. 20. The commiffioners fhall make proper defences. If no exceptions
be preſented, as above, all rights, &c. fhall be void. Decrees of the court
of feffions fhall be final. No advocation, &c. fhall be granted, and no fum-
mons, &c. iſſued by the faid court, or any other, for levying the rents, &c.
at the inftance of any perfons but the commiffioners. Superiors and vaf-
fals fhall pay a proportional fhare of the debts of attainted perfons.
1 Geo. 1. ftat. 2. c. 20. All claims entred within the times appointed, as
well thoſe figned by attornies, &c. as by the parties themfelves, fhall be
determined according to their validity. 4 Geo. 1. c. 8. Offices of keep-
ers of his Majefty's houſes, &c. in Scotland, whereof any attainted perſon
was poffeffed on June 24, 1715. and all rights, &c. thall be at the King's
difpofal. Alfo all rights of patronage of churches, &c. which belonged to
any attainted perſon, as above, ſhall belong to his Majefty, &c. EXP.
1719.
CAP. XXIII.
An act for appointing a commiffioner and trustee to put in execution the
powers and authorities of the feveral acts of parliament relating to the
forfeited eſtates, and eftates given to fuperftitious ufes, in the room of
George Treby efq; who has defired to be diſcharged from the faid truſt.
EXP.
The forfeited eftates, &c. which by 4 Geo. 1. c. 8. were vefted in George
Treby, efq; and not fold before March 25, 1719. and all powers, &c. ſḥall
be transferred from him and vested in Charles Long, efq; his heirs, &c.
Commiffioner abfenting from ſuch office for three weeks, without order or
con-
1718.]
III
Anno quinto GEORGII I. C. 34, 25, 26.
confent of four commiffioners ſhall forfeit 500l. to be stopped by the trea
fury out of his falary.
ސނ
CAP. XXIV.
An act for the better preventing frauds committed by bankrupts,
See 11 Geo. г.
For ſeven years and from thence to the end of the next feffion of parliament. C. 29. 13 Geo.
EXP.
CAP. XXV.
An alt for continuing the act made in the eighth year of the
reign of the late Queen Anne, to regulate the price and af-
fize of bread; and for continuing the act made in the
twelfth year of her faid late Majesty's reign, for the better
encouragement of the making fail-cloth in Great Britain.
W
I. c. 27. 3 Geo.
2. C. 22.5 Geo.
2. C. 30.*
HEREAS divers temporary laws, which by experience
have been found beneficial and ufeful, are expired or near
expiring; therefore for continuing the fame, 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
preſent parliament affembled, and by the authority of the fame,
That an act made in the feffion of parliament, held in the eighth The act of
year of the reign of her late majefty Queen Anne, intituled, An 8 Ann. c. 18.
act to regulate the price and affize of bread, which was to continue Geo.1. ftat.2.
continued by
for three years, and from thence to the end of the next feffion of c. 26. farther
parliament, which act was further continued by an act made in continued for
the first year of his prefent majefty King George, for three years, ve yend of
five years, and
and will expire at the end of this prefent feffion of parliament, the next fef-
fhall continue and remain in full force, with fuch alterations as fion of parlia-
were made in and by the ſaid act, paffed in the first year of his ment.
preſent Majefty's reign, for the term of five years, and from Continued by
thence to the end of the next feffion of parliament.
to the
22Geo.2.c.46.
c. 16. conti-
II. And be it further enacted by the authority aforefaid, The act 12
That an act made in the feffion of parliament, held in the twelfth Ann. ftat. 1.
year of her ſaid late majefty Queen Anne, intituled, An act for nued for ſeven
the better encouragement of the making of fail-cloth in Great Bri-
years, and
tain, which was to continue for the term of ſeven years, and from thence to the
thence to the end of the next feffion of parliament, fhall be con- end of the
tinued and remain in full force, for the term of feven
next feffion of
and
years,
from thence to the end of the next ſeſſion of parliament. Farther Parliament.
continued for ſeven years by 10 Geo. 1. c. 17. fect. 3. and by 20
Geo. 2. c. 45•
CAP. XXVI.
An act for preventing the mischiefs which may happen by keep-
ing too great quantities of gunpowder in or near the cities
of London and Weſtminſter, or the ſuburbs thereof.
W HEREAS great quantities of gunpowder are frequently
lodged and kept in ware-houſes and other places in and about
the cities of London and Weſtminſter, and the fuburbs thereof, to
the apparent danger, if not utter ruin and deftruction of feveral pub-
·lick offices, and of the lives and fortunes of many thousands of his Ma-
jefty's fubjects: for preventing the mifchiefs aforefaid, be it en-
acted
112
[1718.
Anno quinto GEORGII I. C. 26.
acted by the King's moſt excellent majefty, by and with the ad-
vice and confent of the lords fpiritual and temporal and com-
inons, in this prefent parliament affembled, and by the autho-
After Aug. 1, rity of the fame, That from and after the first day of August one
thouſand ſeven hundred and nineteen it fhall not be lawful
1719, above
any ftore-
London,
1. c. 23. not
more than
upon oath.
600l. of gun--for any perfon or perfons to have or keep more than fix hundred
powder thall
not be kept in pounds of gunpowder, each hundred containing five ſcore.
pounds net weight, at any time, in any ftore-houſe, ware-
houſe, &c. in houfe, or other place, within the cities of London and Weftmin-
Weſtminſter, fter, or either of them, or within the fuburbs thereof, or with-
&c. By 11 Geo. in three miles of the Tower of London, or within three miles
of his Majefty's palace at St. James's, or within two miles of
any magazine now erected for keeping gunpowder, belonging to
200lb. is to be his Majefty, his heirs or fucceffors; for the ufe of the publick.
kept, &c.
22 Geo.2.c.38.
II. And be it further enacted by the authority aforefaid, That
Two juftices from and after the ſaid firſt day of August one thouſand ſeven
may fummon hundred and nineteen it ſhall and may be lawful for any two or
perfons trad- more of his Majefty's juftices of the peace, living within any of
ing in gun-
powder, and the limits aforelaid, to ſummon before them any perſon or per-
examine them fons, making, dealing or trading in gunpowder, or who ſhall
be fufpected to have in his or their cuftody or poffeflion, or in
the cuſtody or poffeffion of any other perſon or perfons, in any
ftore-houſe, ware-houſe, or other place within the limits afore-
faid, and to examine ſuch perſon or perfons upon oath touching
Perſons refuſ- the premiffes; and in caſe of refuſal to be examined, to com-
ing to be exa- mit fuch perfon or perfons to the county gaol, there to remain
mined, to be without bail or mainprize, until he, fhe or they fhall conform
or ſubmit to anfwer, and be examined, as aforefaid; and if it
fhall appear upon fuch examination, or by the oaths of any two
or more credible witneffes, (which oaths fuch juftices are hereby
Perfons hav- impowered and required to adminiſter) that ſuch perſon or per-
ing above
fons have or hath in his, her or their custody or poffeffion, at
600lb. of gun-
powder, with any one place within the limits aforefaid, more than fix hun,
in the faid li- dred pounds of gunpowder, as aforefaid, fuch juftices fhall
mits, the ju- forthwith cauſe all and every the perfons aforeſaid carefully to
remove the fame out of the limits aforefaid; and if fuch per-
fon or perfons fhall refufe or neglect to remove fuch gunpowder
out of the limits aforefaid, by the ſpace of twenty four hours
after notice of any order made by any fuch juftices for removal
Perſons refuf- thereof, every ſuch perſon or perfons fo offending fhall, for
ing, to forfeit every ſuch offence, forfeit the fum of twenty fhillings for every
20s. for every hundred pound of gunpowder, with full cofts of fuit, to any
1oolb. to the perfon or perfons who ſhall, within fix calendar months next
after fuch notice, inform or fue for the fame, by action of debt,
bill, plaint or information, in any of his Majefty's courts of re-
cord at Westminster, wherein no effoin, privilege, protection,
order of reftraint, wager of law, or more than one imparlance
fhall be granted or allowed.
committed
without bail
till they con-
form.
ftices fhall
cauſe them to
remove the
fame.
informer.
III. And be it further enacted by the authority aforefaid,
Two juftices That it fhall be lawful for any two or more of his Majefty's
juſtices of the peace, living within the limits aforesaid, after the
may iffue war-
rants for
firft
1718.]
113
Anno quinto GEORGII I. c. 26.
&c.
51.
firſt day of August one thouſand ſeven hundred and nineteen, fearching any
from time to time, to iffue their warrant or warrants for ſearch- ftore-houle,
ing in the day time any ftore-houfe, ware-houfe, or other place,
uſed for keeping gunpowder within the limits aforeſaid, and for
that purpofe to break open any fuch ftore-houſe, ware-houſe,
or other place aforefaid, if there fhall be occafion; and that
every perſon who fhall oppofe or hinder any fuch fearch fhall,
Oppofing fuck
fearch forfeits
for every fuch offence, forfeit the fum of five pounds to any per-
fon or perfons who ſhall inform and fue for the fame, within
fix calendar months next after the offence committed, in any
of his Majefty's courts of record at Westminster, by action of
debt, bill, plaint or information, wherein no effoin, privilege,
protection, order of reſtraint, wager of law, or more than one If more than
imparlance thall be granted or allowed; and in cafe more than 600 lb. be
found in any
fix hundred pounds of gunpowder, as aforesaid, ſhall upon ftore-houfe,
ſearch, be found in any ſtore-houſe, ware-houſe, or other place the juftices
aforefaid, fuch juftices fhall forthwith cauſe the fame to be care- may cauſe it
fully removed out of the limits aforefaid, at the charge of the to be removed
owner or owners of fuch gunpowder, or other perſon or perſons
having the cuftody or keeping thereof, to be levied by diſtreſs
and ſale of the offender's goods and chattels, by warrant under
the hands and feals of fuch juftices, rendring the overplus to the
owner.
!
at the expence
of the owner.
lb.
in covered
carts, &c. and
IV. And for preventing dangerous carriages of gunpowder After the ſaid
in and through the streets of London and IVeftminster, and the Aug. 1. above
fuburbs thereof; be it enacted by the authority aforefaid, That 2000. of
gunpowder
from and after the ſaid firſt day of August one thouſand ſeven hall not be
hundred and nineteen, it fhall not be lawful for any perfon or carried at a
time, in the
perfons to carry or convey, in or through any of the ſtreets or ſtreets of Lon-
lanes within the cities of London and Westminster, or either of don, &c.
them, or within the fuburbs thereof, more than twenty hun-
dred pounds of gunpowder, each hundred containing five fcore And ſhall be
pounds net weight, at a time; and that all gunpowder which
Thall be carried or conveyed in any carts or carriages in or the barrels
through any of the ſtreets or lanes aforesaid, after the time afore- ſhall be put
faid, fhall be carried in covered carts or carriages, and the bar- into bags, &c.
rels in which fuch gunpowder is carried fhall be cloſe jointed
and hooped, and fhall be put into bags or cafes of leather or
man or horſe,
canvas; and gunpowder carried by man or horfe fhall be put thall be put
into cafes of leather or canvas, and entirely covered therewith, into cafes of
fo as that no fuch gunpowder be ſpilt or ſcattered in the paffage leather, &c.
thereof; and if at any time after the faid firſt day of August one
thouſand feven hundred and nineteen, any gunpowder fhall be Gunpowder
carried or conveyed by any perſon or perfons, in or through any wife thall be
of the ſtreets or lanes aforefaid, in any greater quantity, or in forfeited,
any other manner, than as aforefaid, all fuch gunpowder fhall and may be
be forfeited, and fhall and may be feifed by any perfon or per- feized by any
ſons to his or their own uſe and benefit, the perſon or perſons
fo offending being thereof lawfully convicted before two juftices
of the peace.
}
If carried by
carried other
perfon to his
own uſe.
VOL. XIV.
I
V. Pro
114
[1718.
Anno quinto GEORGII I. c.26.
Not to extend
to the King's
ftore-houſes,
&c.
Perfons fued
may plead the
general iffue,
&c.
and shall re-
cover treble
cofts.
Actions to be
brought in
the proper
county, and
within fix
months.
V. Provided always, That this act, or any thing herein con-
tained, fhall not extend or be conftrued to extend in
any wife
to affect any ftore-houfe or magazine belonging to his Majefty,
his heirs or fucceffors, wherein gunpowder or other ftores fhall
be kept for the uſe of the publick, or to hinder the proving or
trying gunpowder by his Majefty's officers, as is ufual, for the
fervice of his Majefty, his heirs or fucceffors, or to the carrying
of gunpowder to or from any of his Majeſty's magazines, or
with forces in their marches.
VI. And be it further enacted by the authority aforefaid, That
if any fuit or action thall be commenced or profecuted againſt any
perfon or perſons for any thing done in purſuance of this pre-
fent act, in every fuch cafe fuch perfon or perfons ſhall and may
plead the general iffue, and give this act and the ſpecial matter
in evidence at any trial to be had thereupon, and that the fame
was done in purfuance or by the authority of the ſaid act; and
if a verdict fhall pafs for the defendant or defendants, or the
plaintiff or plaintiffs fhall become nonfuit, or diſcontinue his,
her or their fuit or action, after iffue joined, or if upon demur-
rer, or otherwife, judgment fhall be given againſt the plaintiff
or plaintiffs, the defendant or defendants fhall and may recover
treble cofts, and fhall have the like remedy for the fame, as
any defendant or defendants hath or have in other cafes by
law.
VII. Provided always, and be it enacted, That all fuits,
actions and profecutions to be brought, commenced or profe-
cuted against any perſon or perſons, for any thing done or to
be done in purſuance or by authority of this act, fhall be laid
and tried in the county where the fact was committed, and
ſhall be commenced and profecuted, without wilful delay, with-
in fix calendar months next after the fact committed, and not
otherwiſe.
VIII. And whereas it may be neceffary that new ware-houſes for
keeping gunpowder ſhould be erected in fome place or places out of the
limits aforefaid, at convenient distance from the city of London and
from whence fufficient quantities of gunpowder may with greater
Safety be fupplied, as occafion requires: and whereas there are large
tracts of marsh and meadow grounds in the counties of Effex, Kent
and Surrey, where new ware-houfes may be commodiously erected,
Such marsh and meadow grounds being at good diſtance from dwelling
houfes or habitations, and therefore, and by reason of their adjacency to the
river Thames, are convenient for fuch ware-houſes; but forafmuch
as any perfon or persons who may be defirous to erect any fuch ware-
houfes there, may be liable to actions or disturbance on that account, or
may be unreasonably impofed upon in the purchase thereof be it en-
acted by the authority aforefaid, That the juftices of the peace
for the faid counties of Effex, Kent and Surrey reſpectively, fhall
at their general quarter feffions of the peace to be holden for the
faid counties reſpectively, appoint fome proper and convenient
fions appoint plot or plots of ground out of the limits aforefaid, not exceed-
proper places, ing two acres, in any one place in each county, being fituate in
The juftices
for Effex,
Kent and
Surrey may
in their fef-
6
the
ię
1718.]
115
Anno quinto GEORGII I. c. 26.
erect ware-
the faid counties of Effex, Kent or Surrey, and adjacent to or on which any
near the river Thames, on which plot or plots of ground fo to perfons may
be appointed, it ſhall and may be lawful for any perfon or per- houfes, firſt
fons defirous fo to do, to erect any ware-houſe or ware-houſes agreeing with
for keeping gunpowder, firſt agreeing with the owners and pro- the owners.
prietors of the faid ground for the fame; and in cafe any fuch
owner or proprietor ſhall refuſe or neglect to agree, or by reaſon Owners re-
of any difability or impediment cannot fo agree, the juftices of fufing or dif-
abled to agree,
the peace for the faid counties of Effex, Kent and Surrey refpec- the juftices
tively fhall, at their general quarter feffions, iffue their warrant may iffue war-
or warrants to the fheriffs of the ſaid counties reſpectively, to rants to the
impanel and return before them, at ſuch times and places as theriff to im-
ſhall be appointed in fuch warrant or warrants, a fufficient jury, panel a jury to
who upon their oaths (which oaths the faid juftices refpectively the true value
are hereby impowered to adminifter) fhall inquire into the true of the ground;
value of the faid plot or plots of ground fo to be appointed for
gunpowder ware-houfes as aforefaid; and all fuch verdict and
inquifitions ſhall be kept with the records of the ſaid ſeſſions re-
ſpectively; and the judgments and decrees of the faid juftices and the
reſpectively thereupon fhall be final and conclufive to all parties; crees thereon
juſtices de-
and to that end the faid juftices refpectively thall have power fhall be final.
to fend for any perfon or perfons intereſted, and to examine any
parties or witneffes upon oath, as they fhall think fit (all which
oaths the faid reſpective juſtices are hereby impowered to ad-
minifter;) and the fum or fums of money to be affeffed and ad-
judged as aforefaid, not exceeding thirty years purchaſe, fhall be be paid to the
paid to the reſpective proprietors and owners of the faid ground, proprietors;
according to their reſpective interefts therein, to be adjudged by or on their
the faid juftices refpectively as aforefaid; and upon fuch pay- cept it, left
ment, or in cafe of refuſal to accept the fame, then upon leaving with the
the fame with the faid refpective juftices for the benefit of fuch juftices, and
owner or proprietor, the inheritance of the ſaid plot or plots of the inheri-
ground fhall be veſted in the purchaſers thereof and their heirs tance hall be
and affigns, for the purpoſes aforefaid; and the ware-houfes a- purchafers.
forefaid, and all other ware-houſes for gunpowder, which fhall The ware-
be erected on or near the river Thames, fhall be built and houſes to be
fecured, from time to time, in fuch manner as fhall be pre-directed by
built, &c. as
ſcribed and directed by the principal officers of his Majefty's the officers of
ordnance.
•
The money
affeffed ſhall
refufal to ac◄
veſted in the
the ordnance.
IX. And whereas feveral leafes, covenants, articles and agree-
ments have been made and granted to feveral perfons of ware-houſes
and ftore-houſes for keeping of gunpowder: be it therefore enacted
by the authority aforefaid, That all fuch leafes, covenants, ar- After Aug. 1,
ticles and agreements, made or entred into as aforefaid, of
fuch ware-houſes or ftore-houſes within the cities of London and ware-houfes
any 1719, all
leafes, &c. of
Westminster, and fuburbs thereof, fhall, if the tenants or leffees for gunpow-
fhall defire the fame, from and after the firſt day of Auguft one der, &c. fhall,
thouſand ſeven hundred and nineteen, be null and void to all if the leffees
intents and purpoſes whatſoever, as abfolutely as if fuch leafes, void.
defire it, be
covenants, articles and agreements had never been made or
I 2
granted;
**
116
[1718.
Anno quinto GEORGII I. c. 27.
This act fhall
not diſcharge
any rent due
granted; any law, act, ftatute, provifion, cuftom, matter or
thing to the contrary in any wife notwithſtanding.
X. Provided, That nothing herein contained ſhall difcharge
any rent due on or before the twenty-fifth day of March one
before March thouſand ſeven hundred and nineteen, or any demand for breach
of any covenant before that time.
25, 1719.
CAP. XXVII.
An act to prevent the inconveniencies arifing from ſeducing
artificers in the manufactures of Great Britain into foreign
parts.
WH
HEREAS divers ill-difpofed perfons, as well foreigners,
as fubjects of this kingdom by confederacy with foreigners,
have of late drawn away and transported, and have also made divers
attempts to entice, draw away and tranſport ſeveral artificers and
manufacturers of and in wool, iron, steel, brafs and other metals,
clock-makers, watch-makers and divers other manufacturers of Great
Britain, out of his Majefty's dominions into foreign countries, by en-
tring into contracts with them to give them greater wages and advan-
tages than they have or can reasonably expect within this kingdom,
and by making them large promifes and using other arts to inveigle and
draw them away: and whereas there is great danger that, by means
of theſe and fuch like practices, many great and profitable branches of
the trades and manufacturies of this kingdom may be transplanted in-
to foreign countries: therefore for the preventing the like prac-
tices for the future, be it enacted by the King's moft excellent
majeſty, by and with the advice and confent of the lords fpiri-
tual and temporal and commons, in this prefent parliament af
fembled, and by the authority of the fame, That if at any time
Perfons con- hereafter any perfon or perfons fhall contract with, entice, en-
victed of con· deavour to perfwade or folicit any manufacturer or artificer of or
tracting with
or enticing,
in wool, iron, fteel, brafs or any other metal, clock-maker,
&c. any artifi- watch-maker or any other artificer or manufacturer of Great
cer in wool, Britain, to go out of this kingdom into any foreign country out
iron, &c. to go of his Majefty's dominions, and fhall be lawfully convicted
into a foreign
country, fhall thereof upon any indictment or information which thall be pre-
ferred or brought againſt him or them in any of his Majefty's
courts at Westminster, or at the affizes or general gaol delivery,
or quarter-feffions of the peace for the county, riding or divifion
where fuch offence fhall be committed, the perſon and perfons
prifoned for
fo convict ſhall be fined any fum not exceeding one hundred
three months. pounds for ſuch firſt offence, according to the difcretion of the
court in which fuch conviction ſhall be, and fhall be impriſoned
fecond offence for the ſpace of three months, and until ſuch fine ſhall be paid;
ſhall be fined and if any perfon or perfons, having been once convict as afore-
difcretionarily
and imprifon- faid, fhall offend again, and be ſo convict a ſecond time of the
ed for twelve like offence, then and in ſuch caſe the perſon ſo convict a ſecond
months. time ſhall be fined at the diſcretion of the court where ſuch con-
be fined not
exceeding
1ool. for the
first offence,
and be im-
And for the
viction
J
1718.]
117
Anno quinto GEORGII I. C. 27.
viction fhall be, and be impriſoned for twelve months, and un-
til fuch fine fhall be paid.
II. Provided nevertheleſs, That no perfon or perfons fhall be Profecution
proſecuted for any of the offences aforefaid, unlefs fuch profe- in twelve
cution ſhall be begun within the ſpace of twelve months next months after
after fuch offence thall be committed.
the offence.
country, there
to exercife
in fix months
III. And be it further enacted by the authority aforefaid, After May 1,
That if any of his Majeſty's ſubjects within this kingdom, be- 1719, any ar-
ing fuch artificer or manufacturer as aforefaid, fhall, at any time tificer going
after the firſt day of May in the year of our Lord one thouſand into a foreign
ſeven hundred and nineteen, go into any country out of his Ma-
jeſty's dominions, there to uſe or exerciſe, or to teach any of the his trade, and
faid trades or manufacturers to foreigners, or in cafe any of his not returning
Majeſty's ſubjects now being, or who hereafter fhall be in any after warning
fuch foreign country out of his Majefty's dominions as aforefaid, given him by
and there uſing or exercifing any of the faid trades or manufac- the ambaffa-
turies herein before-mentioned, fhall not return into this realm dor, &c,
within fix months next after warning fhall be given to him by
the ambaſſador, envoy, refident, miniſter or conful of the crown
of Great Britain in the country in which fuch artificer fhall be,
or by any perſon authorized by ſuch ambaffador, envoy, reſident,
minifter or conful, or by one of his Majefty's fecretaries of ſtate
for the time being, and from thenceforth continually inhabit
and dwell within this realm, then and in ſuch caſe every fuch
perfon or perſons ſhall be from thenceforth incapable of taking ſhall be in-
any legacy that ſhall be deviſed to him within this kingdom, or capable of
taking any
of being an executor or adminiftrator to any perfon or perfons legacy, &c.
within this kingdom, and (hall be incapable of taking any lands,
tenements or hereditaments within this kingdom by deſcent, de-
vife or purchaſe, and alfo forfeit all his lands, tenements, here- forfeit all his
lands, &c. and
ditaments, goods and chattels within this kingdom, to his Ma- be deemed an
jefty's ufe, and fhall from thenceforth be and be deemed and alien.
taken to be an alien, and fhall be out of his Majefty's protec-
tion.
IV. And be it further enacted by the authority aforefaid, Juſtices of
That from and after the faid first day of May one thouſand ſeven peace may,
hundred and nineteen, upon complaint made upon oath before on complaint
any juſtice or juſtices of the peace, that any perfon or perfons is of any offence
or are endeavouring to feduce or draw away any fuch manufac- against this
act, iffue their
turer or artificer as aforefaid out of his Majefty's dominions, for warrant for
any of the purpofes aforefaid, or that any fuch manufacturer or the appre-
artificer as aforefaid hath contracted, promifed or is preparing hending of
to go out of his Majefty's dominions for any of the purpoſes a- the offender,
forefaid, then and in ſuch caſe it ſhall and may be lawful to and
for the juftice or juftices of the peace unto whom fuch complaint the affizes,
fhall be made, to fend forth his warrant to bring the perfon and &c.
perfons fo complained of before him or them, or fome other of
his Majeſty's juftices of the peace for the fame county, riding,
divifion or city; and if when fuch perfon or perfons fhall be fo
brought before fuch juftice or juftices, it thall appear to fuch
juſtice or juſtices, by the oath or oaths of one or more credible
13
witness
and bind him
to appear at
118
[1718.
Anno quinto GEORGII I. c. 28.
Perfons refuf-
ing to give
fuch fecurity
may be com-
mitted.
witneſs or witneffes, or by the confeffion of the party or parties
ſo brought before him or them, that the party ſo complained of
was guilty of any of the faid offences, then and in ſuch caſe it
fhall and may be lawful to and for fuch justice and juftices to
bind the perſon ſo charged to appear at the next afſizes, general
gaol delivery or quarter feffions of the peace for the county, city,
riding or divifion where fuch offence fhall be committed, to an-
fwer the premiffes, with reaſonable fureties for fuch his appear-
ance; and in cafe fuch perfon or perfons fhall refufe or neglect
to give fuch ſecurity, then and in fuch cafe it fhall and may be
lawful to and for fuch juſtice and juftices to commit the perfon
or perſons ſo refufing to the county gaol, there to be kept until
the next affizes or next quarter feflions of the county, city, rid-
ing or divifion where fuch commitment fhall be, at the election
of fuch juftice of the peace, and until he, fhe or they fhall be
delivered by due courſe of law; and in cafe any fuch artificer or
manufacturer fhall be convict upon any indictment to be pre-
give fecurity ferred against him at fuch affizes or general gaol delivery, or
not to depart quarter-feffions of the peace as aforefaid, of any ſuch promife or
the kingdom, contract, or preparation to go abroad beyond the feas, for any
foned till fuch of the purpoſes aforefaid, then and in fuch cafe the perfon fo
fecurity given. convict fhall give fuch fecurity to his Majefty, his heirs and
fucceffors, not to depart out of his Majefty's dominions for any
of the purpoſes aforefaid, as fuch court fhall think reaſonable,
and ſhall be impriſoned until ſuch fecurity fhall be given.
Perfons con-
victed fhall
or be impri-
Offenders in
Scotland to be
profecuted in
the court of
justiciary or
circuits there.
$ &
4 W. &
M. c. 10.
5 Geo. 1. c. 15.
9 1.
fect. 13.
V. And be it further enacted by the authority aforefaid,
That if any of the above-mentioned offences fhall be commit-
ted in that part of Great Britain called Scotland, the fame fhall
be proſecuted in the court of jufticiary or the circuits there.
CAP. XXVIII.
An act for the further punishment of ſuch perſons as ſhall un-
lawfully kill or destroy deer in parks, paddocks, or other in-
cloſed grounds.
WHEREAS in defiance of the laws already in being, Seve-
ral dijorderly and riotous perfons have of late, in great num-
Geo. 1. c. 22. bers, with armed force, entred parks and other inclofed grounds where
deer are kept, whereby bloodfred and murder hath frequently happen-
ed, and greater mifchiefs may enfue: for the preventing and pu-
nishment of which offences, 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 par-
After May 1, liament affembled, That if any perfon or perfons fhall, from
1719, perfons
convicted of and after the first day of May one thouſand ſeven hundred and
entring into nineteen, enter into any park, paddock or other inclofed ground
any park, &c. where deer are ufually kept, and wilfully wound or kill any red
and killing or or fallow deer there, without the confent of the owner or own-
deer, without ers of fuch park, paddock or inclofed ground, or of the perfon
confent of the or perfons entrusted with the care or cuſtody of ſuch park, pad-
owner, &c. or dock or inclofed ground, or fhall be aiding or affifting in the
aiding, &c.
wounding any
com-
3
1718.]
119
Anno quinto GEORGH I. C. 29.
committing of any fuch offence, and being indicted for any ſuch
offence before any judge or juſtices of gaol delivery for the county
wherein ſuch park, paddock or incloſed ground ſhall lie, and
ſhall upon fuch indictment be by verdict or his own confeffion ſhall be tranf-
convicted of any fuch offence, the perfon or perfons fo con- ported for
feven years.
victed as aforefaid fhall be ſent, as foon as conveniently may be,
to fome of his Majefty's plantations in America for the ſpace of
ſeven years; and the court before whom ſuch offender or offend-
ers ſhall be convicted, or any ſubſequent court held at the fame
place with like authority as the former, fhall have power to
convey, transfer and make over fuch offenders, by order of
court, to the uſe of any perfon or perfons who ſhall contract for
the performance of fuch tranſportation.
II. Provided, that nothing herein contained fhall be ex- This act ſhall
not repeal,
pounded, deemed or taken to repeal, alter or make void any &c. any for-
former law or ſtatute now in being, made or intended for the mer law a-
puniſhment of deer-ftealers: and provided alfo, That where any gainſt deer-
offender ſhall be puniſhed by force of this act, and according to ftealers.
the true intent and meaning thereof, he ſhall not be profecuted
nor incur any penalty for the fame offence by force of any other
law or ftatute whatſoever.
CAP. XXIX.
An alt for making more effectual the laws appointing the
oaths for fecurity of the government to be taken by mini-
fters and preachers in churches and meeting-boufes in Scot-
land.
WH
Offenders
puniſhed by
this act, fhall
not be again
profecuted for
the fame of-
fence.
HEREAS fundry perfons, expectants of divinity, have
prefented themselves to prefbyteries in Scotland, in order to
obtain licences to preach in churches, or being ordained minifters of the
church of Scotland, without taking any oath or declaration, whereby
their affection to his Majesty's perſon and government, and to the
Settlement of the crown in the protestant line, might be known: and
whereas alfo divers perfons have preached and performed other parts
of divine worship in meeting-houſes in Scotland, who do not take the
oaths and declarations appointed by law to be taken by paftors or mi-
nifters of the epifcopal congregations there, nor do pray for his majesty
King George, nor for their royal highneſſes the prince and princess
of Wales and their iffue; by all which means men difaffected being
licenfed or fuffered to preach, may and do fow the feeds of difaffection
amongst the people: be it therefore enacted by the King's moſt ex-
cellent majefty, by and with the advice and conſent of the lords
fpiritual and temporal and the commons, in this preſent parlia-
ment affembled, and by the authority of the fame, That all and
every perſon who has obtained licence, and been admitted to ing obtained
preach by any prefbytery in Scotland, and has not taken the licences to
oaths to the government, or who, on or after the first day of preach in
June one thouſand ſeven hundred and nineteen, fhall prefent Scotland, and
himſelf to be tried as to his qualifications to be licenfed or ad- taken the
mitted to preach, or to be ordained a minifter of the church of oaths to the
L 4
Scotland,
Perfons hav-
have not
23
120
[1718.
Anno quinto GEORGII I. c. 29.
to
government, Scotland, fhall, before the faid day, or his obtaining fuch licence
or who after to preach, or being admitted or ordained to be minifter, take
June 1, 1719, and fubfcribe, before and in the court of the lords of feffion, or
ſhall preſent
themselves the court of jufticiary, or the court of exchequer in Scotland, or
be licenſed to before the juſtices of the peace at their quarter feflions held for
preach, &c.
any fhire, ſtewartry, city or borough in Scotland, or before the-
riffs or ftewarts, or their deputies, in open court held for their
fhire or ftewartry, within which fhire, ftewartry, city or bo-
rough refpectively fuch perfon has refidence, or within which
the preſbytery to which he shall preſent himſelf, in order to en-
ter upon his trials for obtaining a licence or being ordained,
fhall be held, the following oath :
fhall firft take
shall first take
the following
oath in the
court of the
lords of
feffion, &c.
The oath.
1
ſhall admini-
I 4. B. do truly and fincerely acknowledge, profefs, teftify and de-
clare in my confcience, before God and the world, that our fove-
reign lord King George is lawful and rightful King of Great Bri-
tain, and all other his Majesty's dominions thereunto belonging; and I
do folemnly and fincerely declare, That I do believe in my confcience, that
the perfon pretended to be prince of Wales during the life of the late
King James, and fince his deceafe pretending to be and taking upon
himself the ftile and title of King of England, by the name of James
the Third, or of Scotland, by the name of James the Eighth, or the
ftile and title of King of Great Britain, hath not any right or title
auhatfoever to the crown of this realm, or any other the dominions
thereto belonging; and I do renounce, refuſe and abjure any allegiance
or obedience to him; and I do fwear, that I will bear faithful and
true allegiance to his majesty King George, and him will defend to
the utmost of my power against all traiterous confpiracies and attempts
whatſoever, which shall be made against his perfon and government;
and I will do my utmost endeavour to difclofe and make known to his
Majefty and his fucceffors all treafon and traiterous confpiracies,
which I shall know to be against him or any of them; and I do faith-
fully promife to the utmost of my power to support, maintain and de-
fend the fucceffion of the crown in the heirs of the body of the late prin-
cefs Sophia, electress and dutchess of Hanover, being proteftants, a-
gainst him the faid James, and all other perfons whatsoever and all
thefe things I do plainly and fincerely acknowledge and fwear, according
to theſe expreſs words by me ſpoken, and according to the plain and
common ſenſe and understanding of the fame words, without any equi-
vocation, mental evafion or fecret refervation whatſoever. And I da
make this recognition, acknowledgment, abjuration, renunciation and
promife heartily, willingly and truly.
So help me God.
Which courts reſpectively fhall from time to time adminifter the
Which courts faid oath to fuch perfons as fhall tender themfelves to take the
fter the fame, fame; and the clerks of fuch courts refpectively where fuch
and the clerks oaths fhail be taken, hall grant certificates bearing the day and
grant certifi- date of taking fuch oaths, and names of the commiffioners of
cates, paying the peace prefent, and the name and defcription of every perfon
2 s. for each.
who fhall take fuch oaths; for which certificate there fhall be
no more paid than two fhillings.
II. And
1718.]
121
Anno quinto GEORGII I. c. 29.
corded in the
II. And be it further enacted by the authority aforefaid, That The certifi-
all and every perſon, who fhall preſent himſelf in order to trial cate to be re-
for obtaining licence to preach, or to be ordained a minifter book of the
of the church, of Scotland, fhall, before he obtain fuch licence or theriff, &c.
be ordained, caufe to be recorded in the book of the fheriff or
ftewart court, within the jurifdiction of which is the feat of fuch
prefbytery where he fhall preſent himſelf, a certificate of his
having taken and ſubſcribed the aforeſaid oath in manner as a-
bove directed.
III. And be it alſo further enacted by the authority aforefaid, No perfon
fhall preach,
That no perſon ſhall take upon him to preach, read prayers or &c. in any
perform any part of divine fervice in any epifcopal meeting- epifcopal con-
houfe or congregation, where the number of nine or more per- gregation in
fons fhall be prefent, over and befides thoſe of the fame houfhold, Scotland, but
in Scotland, or to fupply the place of any paſtor or paftors, mi- fuch who fhall
nifter or minifters, in any fuch epifcopal congregation or meet- George, &c.
pray for King
ing-houſe, but fuch who fhall pray in exprefs words for his and who fhall
moſt excellent majesty King George, their royal highneffes the have taken
prince and princeſs of Wales and their iffue, and who fhall have the faid oath.
taken and fubfcribed the faid oath in one or other of the courts
of feffion, jufticiary or exchequer in Scotland, or before the juf-
tices of the peace at their quarter-feffions, or fheriffs or ſtewarts
of any fhire or ftewartry, in open court as aforefaid; within
which any fuch perfon or perfons is refident, or the meeting-
houſe where he thall take upon him to preach or perform any
part of divine ſervice is fituated; which oaths the faid judges,
juftices, fheriffs or ftewarts fhall adminifter; and the clerks of
the court reſpectively ſhall grant certificates in the fame manner
as above directed in the cafe of fuch as offer themſelves to trial
in order to obtain licence or be ordained.
tificate of his
IV. And be it further enacted by the authority aforefaid, Any expec-
That if any expectant of divinity, hereby directed to take and tant of divi-
fubfcribe the oath aforefaid, fhall prefume to prefent himſelf, or nity prefent-
ſue or apply to any prefbytery or church judicature, in order to be ordained,
ing himself to
be ordained or licenſed to preach, without having caufed to be &c. without
recorded, as aforefaid, a certificate of his having before taken the having re-
oaths as above directed, he ſhall be liable to fix months im- corded a cer-
priſonment, and fhall be incapable of enjoying any benefice, having taken
glebe or manfe by virtue of any preſentation, call or other fettle- the oaths, ſhall
ment, as a miniſter of any parith, for the ſpace of one year, to be liable to
be reckoned from the time that he ſhall take the oaths after hav- fix months
impriſon-
ing obtained licence to preach; and all civil magiftrates are here-
by impowered and required to hinder any fuch perfon to preach capable of en-
in any church within their jurifdictions refpectively; or if any joying any be-
perfon or perfons fhall prefume to preach or perform any part nefice, &c.
of divine fervice in any epifcopal meeting-houfe in Scotland,
without praying in words exprefs for his moft excellent majeſty
King George, their royal highneffes the prince and princels of
Wales and their iffue, or without having first taken the aforefaid
oath in manner above directed, every fuch perfon or perſons
hall be liable to fix months impriſonment; and every meeting-
houfe
ment, in-
:
122
[1718.
Anno quinto GEORGII I. C. 29.
Penalties,
how to be dif-
pofed and re-
covered.
2. C. 13.
houſe where fuch offence fhall be committed, ſhall be ſhut
for fix months.
up
V. And be it further enacted by the authority aforefaid, That
one moiety, not exceeding a half-year's ftipend of the parishes
reſpectively concerned, of fuch penalties as fhall be incurred by
virtue of this act, ſhall belong and go to fuch perſon or perfons
as fhall inform againſt and profecute to conviction the perfons
offending; and the other moiety to the poor of the pariſh
where fuch offence fhall be committed; and the faid moieties
reſpectively of the penalties aforefaid fhall be recoverable by way
of action or fummar complaint, without abiding the ordinary
delays of proceſs, in any court of law within Scotland; and no
advocation or fufpenfion, or other ftop of fuch profecution, be-
fore any inferior court, fhall be of any force or effect in law,
unleſs upon production of a certificate that the perſon proſecut-
ed has taken the oaths above directed.
VI. And whereas divers minifters of the church of Scotland have,
upon certain miſtakes, omitted to take the oaths, and fubfcribe the af-
furance appointed to be taken and fubfcribed by an act made in the
first year of his Majesty's reign, intituled, An act for the further
1 Geo. 1. ftat. fecurity of his Majeſty's perſon and government, and the fuccef-
fion of the crown in the heirs of the late princefs Sophia, being
proteftants; and for extinguiſhing the hopes of the pretended
Minifters of prince of Wales, and his open and fecret abettors, within the
the church of times and terms therein mentioned, whereby the penalties and incapa-
cities in the faid act contained have been incurred: and whereas his
Majefty is most graciously pleafed to pardon and difcharge the faid pe-
nalties and incapacities: be it therefore enacted by the authority
aforefaid, that all and every miniſter of the church of Scotland
fhall be acquitted, pardoned, releafed and difcharged of the of-
fences of having preached without taking and fubfcribing the
faid oaths and affurances, and of all forfeitures, penalties and
diſabilities incurred on that account, by virtue of the aforefaid
or any other act of parliament.
Scotland ac-
quitted of the
offences of
preaching
without hav
ing taken the
and of the for-
feitures, &c.
incurred by
the recited
faid oaths,
act.
VII. And be it alfo further enacted, That all and every per-
Minifters of fon, who now is or fhall hereafter be ordained or admitted a mi-
the church of nifter of the church of Scotland, (excepting fuch who have taken
Scotland fhall,
before June 1, and fubfcribed the oaths and declarations appointed by the laſt-
1719, take the mentioned ftatute) fhall, on or before the first day of June one
oath of alle-
giance, &c.
thouſand ſeven hundred and nineteen, or before their being or-
dained or admitted miniſter of any congregation in Scotland, take
and fubfcribe the oath of allegiance and the affurance, as in the
faid act is mentioned, and alfo the oath of abjuration herein be-
fore directed to be taken and fubfcribed in lieu of the oath of
abjuration formerly required by law; and that in fuch manner,
before fuch judges, in fuch courts, and to be certified as therein
or herein is before-mentioned, and under fuch penalties and dif-
abilities, as in and by the faid act made in the first year of his
1 Geo. 1. ftat. Majefty's reign, and in and by the faid acts generally therein
mentioned, is directed, with refpect to the oaths and declara-
tions contained in the faid act; and all and every minifter who
2. C. 13.
fhall,
1718.]
123
Anno quinto GEORGII I. c. 30.
thereof to be
fhall, in purſuance of this act, take, or who has, in purſuance of And caufe a
any former act of parliament, taken the faid oaths, fhall certificate
cauſe a certificate thereof to be entred in the books of entred in the
the ſheriff or ſtewart-courts, within the bounds or jurif- fheriff's books,
dictions of which lies the parish of which he is minifter; &c.
and the clerks of the faid courts are hereby required to enter
fuch certificate, and grant extracts thereof to fuch as fhall re-
quire the fame, without any fee or reward, other than two fhil-
lings for every fuch certificate or extract.
VIII. And whereas great obſtructions have been made to the plant-
ing, ſupplying or filling up of vacant churches in Scotland with mini-
fters qualified according to law, patrons prefenting perfons to churches
who are not qualified by taking the oaths appointed by law, or who
being fettled in other churches cannot or will not accept of fuch prefen- If any patron
tations: to the end that fuch inconveniencies may be prevented fhall preſent
for the future, be it enacted by the authority aforefaid, That if to a vacant
any patron fhall preſent any perſon to a vacant church from and church any
perfon not
after the ſaid firſt day of June one thouſand ſeven hundred and
qualified, &c.
nineteen, who ſhall not be qualified by taking and ſubſcribing the preſenta-
the faid oath in manner aforefaid, or ſhall preſent a perſon to any tion ſhall not
vacancy, who is then or ſhall be paſtor or miniſter of
any other be an inter-
church or parish, or any perſon who ſhall not accept or declare courfe of time
ruption to the
his willingneſs to accept of the prefentation and charge to which allowed the
he is preſented, within the faid time, fuch prefentation fhall not patron to pre-
be accounted any interruption of the courſe of time allowed to fent.
the patron for preſenting; but the jus devolutum ſhall take place,
as if no fuch preſentation had been offered; any law or cuſtom
to the contrary notwithſtanding.
Nothing here-
in fhall pre-
IX. And be it alſo further declared and enacted, That nothing judice the
herein contained fhall prejudice or diminish the right of the rights of the
church, as the fame now ſtands by law eſtabliſhed, as to the church as to
trying of the qualities of any perfon prefented to any church or
benefice.
CAP. XXX.
An all for amending and making more effectual the laws for
repairing the highways, bridges and ferries in that part of
Great Britain called Scotland.
trying the
qualities of
perfons pre-
fented.
the union, for
W
HEREAS there are fome defects in the laws already made All the laws
for the better repairing of highways in that part of Great made in Scot-
Britain called Scotland, fo that they are not effectual for the purposes land before
they were intended: be it therefore enacted by the King's moft ex- repairing the
cellent majeſty, by and with the advice and confent of the lords highways
fpiritual and temporal and commons, in this prefent parliament bridges and
affembled, and by the authority of the fame, That all the laws ferries, not
and ſtatutes now in force, made in that part of Great Britain ed, thall be
hereby alter-
called Scotland before the union of the two kingdoms, for or put in exe-
concerning the repairing highways, bridges and ferries, not cution, except
hereby altered or repealed, thall be duly put in execution ac- fuch as relate
cording to the tenor of the faid laws, excepting fuch acts, or of the privy
to the powers
124
[1718.
Anno quinto GEORGII I. c. 30.
The juftices
commiffioners
convene every
any of them, or any parts thereof made before the union, as do
relate to or concern the powers of the privy council of Scotland.
II. And be it enacted by the authority aforefaid, That the
of peace and juftices of peace and commiffioners of fupply for the time being,
of fupply fhall in the feveral fhires and ſtewartries in that part of Great Britain
called Scotland, fhall meet and convene at the reſpective head bo-
3d of May, to roughs of the ſaid ſhires or ſtewartries upon the third Tueſday of
chufe clerks, May next to come, and thenceforward upon every ſuch third
furveyors, &c.
Tueſday of May from year to year, with power to them, or any
five of them, to adjourn themſelves from time to time, and to
chuſe clerks, ſurveyors and overfeers and all other officers necef-
fary for puting the laws in execution in relation to the high-
ways, bridges and ferries in that part of the united kingdom;
and if any clerk, furveyor or overfeer, who fhall be appointed
or choſen by the justices of the peace and commiffioners of fup-
ply, or any five of them as aforefaid, fhall refuſe to accept of
or take upon them any of the offices aforefaid, every fuch per-
fon or perſons ſo refufing ſhall be ſubject and liable to the pe-
nalty of five pounds fterling reſpectively.
And every
clerk, &c. fo
choſen, and
refuſing to
accept of the
office, fhall
forfeit 51.
fterling.
The faid
juftices, &c.
hall call the
tenants, cot-
tars, &c. to
work three
days before
III. And be it further enacted by the authority aforefaid,
That the faid juftices, commiflioners, or the officers or over-
feers to be appointed by them, thall be and they are hereby au-
thorized and required to call and convene the tenants, cottars
and other labouring men within their reſpective bounds as a-
forefaid, to work three days before the laft day of June in the
year of our Lord one thouſand ſeven hundred and nineteen,
not being in feed-time, and likewife to work three days after
harveſt; and ſo yearly and every year, until the ſaid highways,
after harveft, bridges and ferries are fufficiently repaired, on fuch days, and
highways, &c. at fuch places, as the faid commiffioners or their officers afore-
are repaired. faid ſhall from time to time appoint.
the laſt of
June, and
three days
yearly, till the
Tenant, &c.
failing to
work, fhall
pay 18 d. for
every days
failure, unleſs
he fend one
to work for
him.
Penalty to be
raiſed by di-
ftrefs.
IV. And be it further enacted by the authority aforesaid,
That every tenant cottar or labouring man, who fhall fail, ne-
glect or refuſe to come to work at the refpective times and
places to be appointed as aforefaid, (due notice being given at
the reſpective pariſh-churches where any fuch perſon or perſons
have their refidence, upon the Lord's day immediately preced-
ing) ſhall be ſubject and liable to pay eighteen pence reſpective-
ly for every fuch days failure, unleſs ſuch perſon or perfons fend
a fufficient inan or men to work for him, her or them; which
penalty or penalties fhall be raiſed and levied by a warrant un-
der the hands of any two or more of the faid juſtices of peace or
commiffioners of fupply, upon a certificate under the hand of
the overfeer, or other proper officer, that fuch perſon or perfons
was or were abſent; which juſtices or commiffioners aforefaid
are hereby authorized and impowered to caufe their officers to
diftrefs and poynd the readieſt goods of any perſon or perſons
fo abfent, for the penalty or penalties aforefaid, rendring the o-
verplus (if any be) to the owner, the neceffary charges of fuch
difirefs being deducted.
V, And
1718.]
125
Anno quinto GEORGII I. C. 30.
3
account of
V. And be it enacted by the authority aforefaid, That the Surveyors, &c.
to furvey e-
furveyors and overfeers of the highways aforefaid fhall, every
very fix
fix months after their acceptance of their office, from time to months the
time, or fooner if required thereto, by warrant under the hands highways, &c.
of any two or more of the juftices of the peace, furvey all the and give an
highways, bridges and ferries within the parish, town or pre- their condi-
cinct where they are furveyors, and give a particular and true tion, &c. to
account in writing of the ſtate and condition of all fuch high- the juftices,
ways, bridges and ferries, and more eſpecially of fuch defects or &c.
nufances made, or encroachments committed upon the faid
highways or any part thereof, as alſo what repairs or amend-
ments the faid highways do want, to the juftices of the peace
and commiffioners of fupply at their firft meeting thereafter;
that the faid juftices of the peace and commiffioners of fupply
may have full information of the ſtate and condition of all the Neglecting,
faid highways, bridges and ferries within their reſpective ſhires liable to the
fame penalties
and ſtewartries, to the end that the feveral laws made on that as for refuſing
behalf may be duly executed; and all furveyors and overſeers to execute the
neglecting to give fuch account as aforefaid, or to profecute fuch office.
as offend against this act, fhall fuffer the fame penalties as if
they refuſed to execute the offices aforefaid.
up a report of
VI. And be it further enacted by the authority aforefaid, The juftices,
That the juftices of the peace, and commiffioners of fupply, &c. fhall draw
in their reſpective fhires and ſtewartries aforefaid, fhall and are the state of
hereby authorized and required to draw up a report of the ſtate the highways,
and condition of the highways, bridges and ferries, within their &c. and de-
reſpective bounds yearly, containing an account of the number liver it to the
of men and horfes that have been imployed in the repairing and lords of the
jufticiary at
amending ſuch highways, bridges and ferries, as aforefaid, with- their circuits,
in the reſpective bounds, for the year preceding; which report to be record-
the ſaid juftices and commiffioners aforefaid fhall, and they are ed in their
hereby authorized and required to deliver to the lords of his journals.
Majeſty's jufticiary at their circuits, to be recorded in their
journals (beginning with the firſt circuit, which ſhall be in the
year of our Lord one thouſand ſeven hundred and twenty, and
fo forth yearly) by the hands of the clerks of the commiflioners
of peace, or by the clerk of the ſupply of their reſpective
bounds.
VII. And be it further enacted by the authority aforefaid, Penalties, how
That the penalties in this act (other than ſuch as fhall be in- to be levied
curred by the tenants, cottars, and other labouring men, by
and applied.
reaſon of their failing to work on the refpective days to be ap-
pointed, as aforefaid) fhall be raiſed and levied by ſentence of
the juſtices of the peace, and commiffioners of fupply, or any
five of them; and the expences of the profecution fhall be car-
ried on and defrayed by the reſpective fhires and ſtewartries a-
foreſaid, at the ſuit of fuch of the furveyors or overfeers as the
faid juftices and commiffioners fhall from time to time appoint;
and fuch penalties being fo levied, ſhall be and are hereby ap-
pointed to be applied for repairing and amending ſuch high-
ways, bridges or ferries, in the refpective fhires or ſtewartries
where
126
[1718.
Anno quinto GEORGII I. c.31.
Profecution
within one
where fuch penalties fhall be incurred, as the juftices of the
peace, or the commiffioners of ſupply ſhall appoint, and in de-
fault of fuch appointment, for repairing and amending fuch
highways, bridges or ferries, as the lords of jufticiary in their
circuits fhall direct.
VIII. Provided always, That no perfon or perfons fhall be
puniſhed for any offence againft this act, unleſs fuch offender
year after the be proſecuted for the fame within one year after the ſaid of-
fence ſhall be committed.
offence.
9 & 10 W. 3.
C. 19.
Made perpetual
13 Geo. 2. c.
30.
CAP. XXXI.
An alt for enlarging the time granted by an act of the ninth
and tenth years of King William, for cleanfing and mak-
ing navigable the chanel from the Hythe at Colcheſter to
Wivenhoe; and for making the faid act more effectual.
W
HEREAS an act paſſed in the ninth and tenth years of the
reign of his late majesty King William the Third intituled,
An act for cleanfing and making navigable the chanel from the
Hythe at Colchester to Wivenhoe, which act was made to continue
from the first day of May one thousand fix hundred ninety and eight,
for and during the space of one and twenty years, during which term
certain duties are by the faid act laid upon fuch goods, wares and mer-
chandizes for the purpoſes aforesaid, as in the ſaid act are mentioned,
upon the credit of which act the commiſſioners therein appointed, have
purſuant to the authority thereby given, borrowed monies for the
more speedy and effectual compleating the ſaid work; but the faid duties
falling fhort, there hath not been fufficient raiſed thereby either to per-
fect the faid work, or to pay the whole money borrowed for that pur-
pofe; but the fum of one thousand and two hundred pounds, or there-
abouts, doth now remain due to the executor of William Hewer, late
of Clapham in the county of Surrey, efq; upon fecurity of the pre-
miffes; which cannot be repaid, nor the faid chanel be effectually re-
paired and amended, according to the intent of the faid act, unless a
further provifion be made by parliament, and the faid act be made more
effectual: may it therefore pleaſe your most excellent Majefty,
That it may be enacted, &c.
The recited act continued from May 1, 1719. till May 1, 1740. The du-
ties granted by this act fhall be one moiety of the duties granted by the
former act, and fhall be charged on all fuch goods, &c. and raiſed in ſuch
manner as by the faid former act. The duties hereby granted, to be a
fecurity for repayment of the money due to the executor of William Herwer,
efq; in caſe of death, &c. of the commiffioners, the furvivors to no-
minate others. The mayor, &c. of Colchester may engage the profits for
any term not exceeding 21 years, for fecuring the repayment of any fum
of money towards carrying on the faid work. Where ballaft fhall be taken
and how much fhall be paid for it. Ballaft may be taken of other per-
fons, paying 2 d. per tun to the collector of the chanel-duties. Mafters,
&c. taking ballaft otherwiſe, ſhall forfeit rol. The mayor &c. of Colchef-
ter may make and uſe a track-path from Wivenhoe to the Hythe on one fide
of the river, and from Fingrinboe to the Hythe on the other fide, firſt agree-
ing with the proprietors of the land; and if the proprietors refufe or are
diſabled to agree, the commiffioners may iffue their warrant to the ſheriff
of
i
1718.]
127
Anno quinto GEORGII I. c. 31.
j
of Eſſex, to impanel a jury to aſſeſs damages and recompence to be given
to the owners, &c. And the commiffioners fhall give judgment for the
fums ſo affeffed. Goods landed or loaded at any wharf below Wivenhoe,
fubject to the duties. No commiffioner fhall have any place of profit arif-
ing by the faid duties; nor farm any Key, &c. Thirteen commiffioners
to be at each meeting. This act ſhall not extend to corn, &c. All the
monies fhall be applied to the uſes hereby directed. Commiffioners to
bear their own charges.
CAP. XXXII.
An act for relief of fuch fufferers of the islands of Nevis and
St. Chriſtophers, as have fettled in either of thofe islands,
and made due proof of fuch fettlement before the twenty-
fifth day of December one thouſand ſeven hundred and
twelve.
WH
HEREAS by an act made in the ninth year of the reign of 9 Ann, c. 23.
her late majesty Queen Anne, for the licensing and regulating
hackney coaches and chairs, and for other purpoſes therein mentioned, a
fum of one hundred three thousand and three pounds eleven fhillings and
four pence, is appointed to be deftributed to and amongst fuch proprie-
tors and inhabitants of the islands of Nevis and St. Chriftophers,
who fuftained loffes by the late invafion of the French there; which
fum was given for making good the encouragement given to the ſaid
fufferers to refettle their plantations in the faid iflands, to prevent the
great damage which the crown might otherwife fuftain by the total
lofs thereof; which loffes of the ſaid ſufferers were to be examined in-
to, and debentures made out for the fame, by the commiffioners for the
affairs of trade and plantations, on or before the twenty-fifth day of
December one thousand feven hundred and eleven, in fuch manner as in
the faid act is directed; and fome doubts and difficulties arifing concern-
ing the diftribution of the faid bounty, another act paffed in the tenth 10 Ann. c. 34.
year of her faid late Majefty's reign, for explaining feveral claufes
in the faid former act for the relief of the faid fufferers: and where-
as farther doubts and difficulties have arifen upon the faid acts, to
the prejudice of ſeveral of the faid fufferers, in respect of their not
having refettled in the very fame iſland or plantation wherein they
respectively fuftained their laffes; and it is but just and reaſonable
that all fuch of the faid fufferers who did on or before the faid
twenty-fifth day of December one thousand feven hundred and
eleven, by themselves, their agents or reprefentatives, fettle or refettle
on either of the faid iflands, fhould have a proportionable fhare of the
faid bounty: be it therefore enacted, &c.
The proprietors of plantations and inhabitants of the faid islands, who
have been fufferers, and refettled there before Dec. 25. 1711. fhall be in-
titled to a proportionable fhare of the bounty appointed by the recited
acts. EXP.
Anno
128
[1719.
Anno fexto GEORGII I. C. I-4.
7
i
The feveral
publick debts
and incum-
brances to be
redeemed.
For farther
provifions con-
cerning the
Anno Regni GEORGII I. Regis Magnæ Bri-
tanniæ, Franciæ, & Hiberniæ, fexto.
AT
T the parliament begun and bolden at Weſtminſter,
the feventeenth day of March, Anno Domini one
thouſand ſeven hundred and fourteen, in the first year of the
reign of our fovereign lord GEORGE, by the Grace of
God, of Great Britain, France and Ireland, King, defender
of the faith, &c. And from thence continued by feveral
prorogations to the twenty-third day of November one thou-
fand feven hundred and nineteen; being the fifth feffion of
this prefent parliament.
CAP. I.
An act for granting an aid to his Majefty by a land-tax to be raiſed in
Great-Britain, for the fervice of the year one thouſand feven hundred
and twenty. 35. in the pound. EXP.
CA P. II.
An act for continuing the duties on malt, mum, cyder and perry, for the
fervice of the year one thouſand feven hundred and twenty; and for
enabling the lords commiffioners of his Majefty's treafury to call in fuch
exchequer-bills as are to be cancelled and difcharged with money ap-
pointed for that purpoſe. EXP.
CAP. III.
An act for punishing mutiny and defertion, and for the better payment
of the army and their quarters. EXP.
CA P. IV.
An act for enabling the South-Sea company to encreaſe their
prefent capital stock and fund, by redeeming fuch publick
debts and incumbrances as are therein mentioned; and for
raising money to be applied for leffening feveral of the pub-
lick debts and incumbrances; and for calling in the prefent ex-
chequer-bills remaining uncancelled; and for making forth
new bills in lieu thereof, to be circulated and exchanged
demand at or near the exchequer.
upon
M
OST gracious Sovereign, whereas as well within or during
the refpective reigns of feveral of your Majesty's royal prede-
ceffors, as alfo fince your Majesty's happy acceffion to the throne of this
realm, divers acts of parliament now in force have been made and
matters in this paſſed, whereby feveral publick duties, revenues and incomes, have
act, fee 6 Geo. been granted or continued in perpetuity, or for fome eftate, term or in-
1. flat. 1. c. 1. tereft now in being; and all or most of the faid publick duties, re-
venues and incomes, are and fand clogged and incumbred by
7 Geo. 1. ftat. authority of parliament with fundry annuities, yearly funds,
debts or payments charged thereupon refpectively, and payable
1. c. 10. 7 Geo.
5, 28.
2. C. I.
8 Geo. 1. C. 20.
Qur
1
1719.]
129
Anno fexto GEORGII I. c. 4.
I
and 1 Geo. 2.
Stat. 2 c. 3.
4 & 5 W. &
out of the fame, either in perpetuity, or for term or terms of life, 13 Geo. 1. c. 3.
lives or years, in fome cafes abfolutely, and in other cafes fubject to a
power of redemption by parliament, as hereafter in and by this act is
more particularly expreffed: that is to say, by one act of the fourth M. c. 3.
year of the reign of their late majefties King William and Queen
Mary, intituled, An act for granting to their Majesties certain
rates and duties of excife upon beer, ale, and other liquors, for
ſecuring certain recompences and advantages in the faid act
mentioned, to fuch perfons as fhall voluntarily advance the fum
of ten hundred thousand pounds towards carrying on the war
againſt France, certain rates and duties of excife upon beer, ale, and
other liquors, were granted to the crown for the term of ninety nine
years, which commenced from the twenty fifth day of January one
thousand fix hundred ninety two; and by virtue of the fame act, and
divers fubfequent acts relating thereunto, the faid rates and duties of
excife, fo granted by the faid act of the fourth year of their late Ma-
jefties reign, do now ftand charged (amongst other things) with feve-
ral annuities amounting to one hundred twenty four thousand four
hundred and nine pounds one filling and nine pence per annum;
part of which annuities were purchaſed upon a term of ninety fix
years, which commenced from the twenty fifth day of January one
thousand fix hundred ninety five; and another part thereof upon a
term of eighty nine years, which commenced from the twenty fifth
day of January one thousand feven hundred and two; and during the
respective remainders of the jaid reſpective terms are payable to the
refpective proprietors thereof, according to the nature of their ſeveral
and respective eftates and interefts therein, whereof fome are in poffeffion,
and others to take effect in reverfion, or by way of future intereft:
and the faid rates and duties of excife originally granted for the faid
term of ninety nine years, have been continued and made perpetual by
feveral acts of parliament fince made and paſſed, for ſeveral ufes and
purpoſes therein expreſſed. And by one act of the fifth year of the 5 & 6 W. &
reign of their faid late majefties King William and Queen Mary, M. c. 20.
intituled, An act for granting to their Majefties feveral rates and
duties upon tonnage of fhips and veffels, and upon beer, ale,
and other liquors, for fecuring certain recompences and advan-
tages in the faid act mentioned, to fuch perfons as fhall volun-
tarily advance the fum of fifteen hundred thouſand pounds to-
wards carrying on the war againſt France, ſeveral rates and duties
upon tonnage of ships and veffels were laid for four years, which com-
menced from the first day of June one thousand fix hundred and nine-
ty four; and ſeveral additional rates and duties of exciſe upon beer,
ale, and other liquors, commencing from the Seventeenth day of May
one thouſand fix hundred and ninety feven, were granted to their faid
Majefties, their heirs and fucceffors, and by virtue of the act laſt
mentioned, and of divers fubfequent acts relating thereunto, towards
raiſing the fum of three hundred thousand pounds therein mentioned,
the faid rates and duties upon tonnage of ſhips and veſſels, and the
faid additional rates and duties of excife, granted by the ſaid act of
the fifth year of their faid late Majefties reign, or two feventh parts 5 & 6 W. &
of the faid additional exciſe, do now ſtand charged (amongſt other M. c. 20.
VOL. XIV.
K
things)
130
[1719:
Anno fexto GEORGII I. C. 4.
things) with feveral annuities amounting to fifteen thousand two
hundred thirty fix pounds and twelve fhillings per annum; part of
which annuities laft mentioned were purchafed upon the term of nine-
ty fix years, which commenced from the twenty fifth day of January
one thousand fix hundred and ninety five; and another part thereof,
upon the term of eighty nine years, which commenced from the twenty
fifth day of January one thousand feven hundred and two; and du-
ring the refpective remainders of thofe terms are payable to the refpec-
tive proprietors thereof, according to the nature of their feveral and
respective eftates and interests therein, whereof fome are in poſſeſſion,
and others to take effect in reverfion, or by way of future intereft.
And by one act of the twelfth year of the reign of his faid late majesty
12 & 13 W. 3. King William, intituled, An act for appropriating three thou-
fand ſeven hundred pounds weekly, out of certain branches of
exciſe for publick uſes, and for making a provifion for the fer-
vice of his Majefty's houshold and family, and other his necef-
fary occafions, it was enacted, That from and after the twenty fifth
day of December one thousand feven hundred, for and during the
term of five years then next enfuing, the full, clear and intire weekly
Sum of three thouſand ſeven hundred pounds, out of the hereditary
duties of excife, and other duties of excife therein mentioned, and every
or any of them, fhould be brought and paid into the receipt of exche-
quer, for the purposes in that act expressed. And by an act made in
1 Ann. ftat. 1. the first year of the reign of her late majesty Queen Anne, intituled,
C. 12.
C. 7.
z & 3 Ann.
€. 3.
An act for the better fupport of her Majefty's houfhold, and the
honour and dignity of the crown, the duties of excife thereby grant-
ed during her Majefty's life, together with the faid hereditary duties
of excife, were fubjected to the faid weekly payment of three thousand
feven hundred pounds, during the faid term of five years; and after
the expiration thereof, fo much money, as together with certain pay-
ments, after the rate of three pounds per centum per annum, bould
make up a fum of three thousand feven hundred pounds for every week
during her Majefty's life, was thereby appointed to be taken out of the
faid hereditary and other duties of excife therein mentioned, or any of
them; and the faid payments of three pounds per centum per annum
being deducted out of the hereditary part thereof, the refidue of the
faid three thousand feven hundred pounds per week was thereby direct-
ed to be applied and difpofed for the publick uſe and ſervice. And
by an act of the fecond year of the reign of her faid late majesty Queen
Anne, intituled, An act for granting an aid to her Majefty for carry-
ing on the war, and other her Majefty's occafions, by felling an-
nuities at feveral rates, and for fuch refpective terms and eſtates as
are therein mentioned, it was enacted, That from and after the five and
twentieth day of December one thousand feven hundred and five, the
faid full, clear and entire weekly fum of three thousand and feven hun-
dred pounds, out of the faid hereditary duties of excife and other duties of
excife therein mentioned, or any of them, fhould from time to time for
ever be brought and paid into the receipt of exchequer ; and by virtue
of the fame act and divers fubfequent acts relating thereunto, the faid
weekly payments do now ftand charged (among divers other things)
with feveral annuities amounting to one hundred four thousand feven
hundred
1719.]
131
Anno fexto GEORGII I. c. 4.
hundred forty five pounds ten fhillings and fix pence halfpenny per an-
num (over and above twelve hundred pounds per annum, for charges
of paying the fame annuities) which annuities laft mentioned were
purchaſed upon a term of ninety and nine years, reckoned from the
five and twentieth day of March one thousand feven hundred and
four, and during the remainder of that term are payable to the feve-
ral proprietors thereof, according to the nature of their feveral and
respective eftates and interefts therein, whereof fome are in poffeffion,
others to take effect in reverfion, or by way of future interest. And
by an act of the third year of the reign of her faid late majesty Queen
Anne, intituled, An act for raifing monies by fale of feveral an-
nuities, for carrying on the prefent war, feveral annuities, amount- 3 & 4Ann.c.a)
ing to forty fix thousand pounds per annum, were purchaſed for a
term of ninety and nine years, reckoned from the five and twentieth
day of December one thousand feven hundred and five, at the rate
of fifteen years purchaſe, and during the remainder of that term are pay-
able to the feveral proprietors thereof out of the monies ariſing by the ſaid
weekly payment of three thouſand ſeven hundred pounds, or fome part
thereof, according to the tenor of the act last mentioned, and other
acts of parliament in that behalf. And by an act of the fourth year
of the reign of her faid late majesty Queen Anne, intituled, An act 4 Ann. c. 6.
for continuing an additional fubfidy of tonnage and poundage,
and certain duties upon coals, culm and cynders, and additional
duties of excife; and for fettling and eſtabliſhing a fund there-
by, and by other ways and means, for payment of annuities,
to be fold for raifing a further fupply to her Majefty for the fer-
vice of the year one thouſand ſeven hundred and fix, and other
ufes therein mentioned, feveral annuities, amounting to one hun-
dred eighty four thousand two hundred forty two pounds fourteen fhil-
lings per annum, were purchaſed for a term of ninety nine years,
reckoned from the five and twentieth day of March one thousand feven
hundred and fix, at the rate of fifteen years and an half's purchaſe;
and during the remainder of that term, are payable to the feveral and
respective proprietors thereof, out of the monies arifing of or for the
Several fubfidies of tonnage and poundage, and of or for the duties on
coals, culm and cynders, and the feveral rates and duties of excife, by
that act appointed to be paid into the exchequer, from time to time, in
fuch manner and form as by that act are preſcribed in that behalf:
and the faid additional fubfidy of tonnage and poundage (commonly call-
ed the one third fubfidy) and the ſaid additional duties of excife, have
feverally been continued, and made perpetual by feveral acts of parlia-
ment fince made and paffed, for feveral ufes and purposes therein ex-
preſſed. And by an act of the fifth year of the reign of her faid late
majesty Queen Anne, intituled, An act for continuing the duties 5 Ann.c.
on low wines and ſpirits of the firſt extraction, and the duties
payable by hawkers, pedlars, and petty chapmen, and part of
the duties on ſtampt vellom, parchment and paper, and the late
duties on fweets, and the one third fubfidy of tonnage and
poundage; and for fettling and eſtabliſhing a fund thereby, and
by the application of certain overplus monies, and otherwiſe,
for payment of annuities, to be fold for raifing a further ſupply
K2
to
132
[17194
!
Anno fexto GEORGII I. c.4
1
*
to her Majeſty, for the fervice of the year one thouſand ſeven
hundred and feven, and other uſes therein expreſſed, ſeveral an-
nuities, amounting to feventy two thouſand one hundred eighty Seven
pounds ten fillings per annum, were purchaſed for a term of ninety
nine years, reckoned from the five and twentieth day of March one
thouſand ſeven hundred and feven, at the rate of fixteen years pur-
chafe; and during the remainder of that term are payable to the ſe-
veral and refpective proprietors thereof, out of the monies arifing
by the feveral rates and duties upon low wines and fpirits of the first
extraction, and the duties payable by hawkers, pedlars and petty chap-
men, and the duties upon fweets, and the duties upon ftampt vellom,
parchment and paper, and an additional fubfidy thereby granted or.
continued, for fuch refpective terms as are therein mentioned, and
out of the respective overplus monies of other annuity funds, and
other monies by the fame act chargeable with the payment thereof, in
fuch manner and form as are thereby preferibed in that behalf; and
the faid feveral duties on low wines and fpirits of the first extraction,
and upon hawkers, pedlars and petty chapmen, and the faid part of
the duties on ftampt vellom, parchment and paper, and the faid late
duties on fweets, have ſeverally been continued and made perpetual by
fundry acts of parliament fince made and paſſed for ſeveral uſes and
purposes therein expreffed. And by an act of the fixth year of the
6 Ann c. 5. reign of her faid late majesty Queen Anne, intituled, An act for
raifing a further fupply to her Majefty for the fervice of the year
one thouſand ſeven hundred and eight, and other ufes, by fale
of annuities charged on a fund not exceeding forty thouſand
pounds per annum, to ariſe by appropriating feveral furpluffes,
and by granting further terms in the duties on low wines, and
on hawkers, pedlars and petty chapmen, the ſtamp duties, the
one third ſubſidy, the duty on fweets, and one of the branches
of the excife, and by making other proviſion in this act men-
tioned, ſeveral annuities, amounting to forty thousand pounds per
annum, were purchaſed for a term of ninety nine years, reckoned
from the twenty fifth day of March one thouſand ſeven hundred and
eight, at the like rate of fixteen years purchaſe, and during the re-
mainder of that term are payable to the feveral and respective pro-
prietors thereof out of a yearly fund or fum of forty thousand pounds
per annum, by that act eſtabliſhed and charged upon fuch furpluffes
or overplus monies, and further grants of feveral duties and other
provifions as are therein mentioned for anfwering the fame. And
by another act of the ſaid fixth year of the reign of her faid late
6 Ana. c. 11. majesty Queen Anne, intituled, An act for continuing one half-
part of the fubfidies of tonnage and poundage, and other duties
upon wines, goods and merchandizes imported, which were
granted to the crown in the twelfth year of the reign of King
Charles the Second, and for fettling a fund thereby, and by other
ways and means, for payment of annuities not exceeding eighty
thousand pounds per annum, to be fold for raiſing a further fup-
ply to her Majefty for the fervice of the year one thoufand feven
hundred and eight, and other ufes therein expreffed, feveral an-
nuities, amounting to eighty thousand pounds per annum, were pur-
6
chaſed
1719.]
Anno fexto GEORGII I. c. 4.
133
chafed for a term of ninety nine years, reckoned from the twenty
fourth day of June one thouſand ſeven hundred and eight, at the like
rate of fixteen years purchaſe, and during the remainder of that term
are payable to the feveral and respective proprietors thereof; and
are by the fame act charged upon the monies arifing from time to time
of or for the half-fubfidy of tonnage and poundage, and other duties
thereby granted or continued for a term of years therein mentioned,
and other monies thereby appointed, for payment of the fame annuities
in the manner and form thereby prefcribed; and the faid. half-fub-
fidy of tonnage and poundage hath fince been continued and made per-
petual by an act of parliament fince made and paſſed, for ſeveral uſes
and purpoſes therein exprefled; all which annuities herein before-men-
tioned to be payable during the respective remainders of the ſaid ſe-
veral and reſpective terms of ninety fix years, eighty nine years, and
ninety nine years, do by computation, amount in the whole, to fix
hundred fixty fix thoufand eight hundred twenty one pounds eight fhil-
lings and three pence halfpenny per annum, or thereabouts. And
whereas by an act of parliament made and paffed in the eighth year
of the reign of her faid late majesty Queen Anne, intituled, An act 8 Ann, c. 7.
for granting to her Majeſty new duties of excife, and upon ſe-
veral imported commodities; and for eſtabliſhing a yearly fund
thereby, and by other ways and means, to raiſe nine hundred
thousand pounds by fale of annuities, and (in default thereof)
by another lottery, for the fervice of the year one thouſand
feven hundred and ten, ſeveral annuities amounting to eighty one
thouſand pounds per annum, were purchaſed for a term of thirty
two years, reckoned from the twenty ninth day of September one thou-
fand feven hundred and ten, at the rate of nine pounds per annum
for every one hundred pounds, and proportionably for any greater
fum advanced or paid; and during the remainder of the faid term of
thirty two years the fame annuities are payable to the feveral and
respective proprietors thereof, out of a yearly fund or ſum of eighty
one thousand pounds by that act eſtabliſhed, and charged upon new
rates and duties of excife, and new duties upon pepper, raifins, nut-
megs, cinnamon, cloves, mace and fnuffs thereby granted, and other
provifions thereby made, for answering the fame yearly fund in the
manner therein mentioned. And whereas by another act of parliament
made in the eighth year of the reign of her faid late majesty Queen Ann. c. 4.
Anne, intituled, An act for continuing part of the duties upon
coals, culm and cynders, and granting new duties upon houſes
having twenty windows, or more, to raiſe the fum of fifteen
hundred thousand pounds by way of a lottery for the ſervice of
the year one thouſand ſeven hundred and ten, certain additional
or new duties were impofed upon coals, culm and cynders, and upon
dwelling houfes, for the term of thirty two years, reckoned from the
twenty ninth day of September one thouſand ſeven hundred and ten;
and a yearly fund of one hundred and thirty five thousand pounds was
thereby established, during that term, for payment of fuch lottery-
annuities as fhould be founded upon that act, and be payable upon fuch
tickets as were thereby prefcribed. And pursuant to an act of the
8
fifth year of your Majesty's reign, intituled, An act for redeeming 5 Geo. 1. c.19.
1
K 3
the
134
[1719.
Anno fexto GEORGII I. C. 4.
the fund appropriated for payment of the lottery tickets, which
were made forth for the fervice of the year one thouſand ſeven
hundred and ten, by a voluntary fubfcription of the proprietors
into the capital ſtock of the South-Sea company; and for raifing
a fum of money to pay off fuch debts and incumbrances as are
therein mentioned; and for appropriating the fupplies granted
in this feffion of parliament; and to limit times for profecutions
upon bonds for exporting cards and dice, the yearly fum of eighty
Seven thoufand three hundred forty two pounds four fillings and five
pence (part of the faid yearly fund of one hundred and thirty five
thousand pounds) hath already been purchased by the corporation of
the governor and company of merchants of Great Britain, trading
to the South-Seas and other parts of America, and for encouraging
the fishery; and the fame eighty seven thouſand three hundred forty
two pounds four fillings and five pence per annum, together with
one thousand three hundred ninety feven pounds nine fhillings and fix
pence per annum more, for charges of management, is already added
to the yearly fund or annuity of the fame corporation; and the year-
ly fum of forty fix thousand two hundred fixty pounds fix fhillings
and one penny (being the refidue of the faid yearly fund of one hundred
and thirty five thousand pounds) is, during the remainder of the laft
mentioned term of thirty two years, payable in feveral lottery-annui-
ties, and upon pay-tickets for the fame, which were not fubfcribed
upon the faid act of the fifth year of your Majesty's reign; which
yearly fums herein before mentioned to be payable during the refpec-
tive remainders of the ſaid ſeveral terms of thirty two years, do to-
gether, by computation, amount to the fum of one hundred twenty
feven thousand two hundred fixty pounds fix fhillings and one penny
per annum, or thereabouts. And whereas feveral principal fums,
amounting in the whole to fixteen millions five hundred forty fix
thouſand four hundred eighty two pounds feven fillings and one penny
farthing, or thereabouts, are ſecured by feveral acts of parliament,
for which intereft monies or annuities at feveral rates are payable at
the publick charge, till the fatisfying of the faid principal fums, or
redemption of the funds charged with the payment of fuch intereft-
monies or annuities, according to the tenor of the respective acts of
parliament in that behalf; that is to fay, The fum of five hundred
fixty three thousand three hundred pounds doth, on the nineteenth day
of March one thousand feven hundred and nineteen, remain unſatiſ
fied to complete the fum of fix hundred thirty three thousand and ten
pounds principal money, which by virtue of letters patents of her
late majesty Queen Anne, bearing date the thirteenth day of October
one theufand Jeven hundred and thirteen, grounded upon an act of
12 Ann, ſtat. parliament of the twelfth year of her reign, intituled, An act to
1. C. II.
raife twelve hundred thousand pounds for publick ufes, by cir-
culating a further fum in exchequer bills; and for enabling her
Majefty to raife five hundred thouſand pounds on the revenues
appointed for ufes of her civil government, to be applied for or
towards payment of fuch debts and arrears owing to her fervants,
tradeſmen, and others, as are therein mentioned, was charged
with an intereft after the rate of four pounds per centum per an◄
num
1719.]
135
Anno fexto GEORGII I. c. 4.
a
num, upon a yearly fund of thirty five thousand pounds, payable at
the exchequer during the term of thirty two years from Michaelmas
one thouſand ſeven hundred and thirteen, out of the revenues in the
fame letters patents mentioned; which yearly fund is redeemable upon
paying off all the principal and intereft charged thereupon; the fum
of one million fifty five thousand nine hundred and ninety pounds doth,
on the two and twentieth day of March one thousand feven hundred
and nineteen, remain unfatisfied to complete the fum of one million
one hundred fifty feven thouſand three hundred and fixty pounds;
which in respect only of the tickets commonly called the blank tickets,
drawn in the lottery for raising fourteen hundred thousand pounds for
the fervice of the year one thousand feven hundred and fourteen, was
charged with an intereft after the rate of five pounds per centum
per annum, upon the yearly fund of one hundred fixteen thousand
five hundred feventy three pounds and twelve shillings, payable at the
exchequer out of certain duties on fope, paper, linens, filks, callicoes,
Stuffs, ftarch, exported coals, and upon ftampt vellum, parchment and
paper, granted for thirty two years, from the fecond day of Auguſt
one thouſand ſeven hundred and fourteen, by two acts, one of the
twelfth year of her faid late Majefty's reign, intituled, An act for 12 Ann. ftat..
laying additional duties on fope and paper, and upon certain C. 9.
linens, filks, callicoes and ftuffs, and upon ftarch, exported
coals, and upon ſtampt vellum, parchment and paper, for rai-
fing one million four hundred thouſand pounds by way
of
lottery for her Majefty's fupply; and for allowances on export-
ing made wares of leather, fheep-fkins and lamb-fkins; and
for diftribution of four thousand pounds due to the officers and
feamen for gun-money; and to adjuſt the property of tickets in
former lotteries; and touching certain fhares of ſtock in the
capital of the South-Sea company; and for appropriating the
monies granted to her Majefty, and the other of the first year of
your Majefty's reign, intituled, An act for rectifying miſtakes in 1 Geo. 1. ftat,
the names of the commiffioners of the land-tax for the year one
thouſand ſeven hundred and fourteen; and for raiſing ſo much
as is wanting to make up the fum of fourteen hundred thou-
fand pounds, intended to be raiſed by a lottery for the publick
fervice in the faid year, or by one of the acts last mentioned; and 1 Geo. 1. c.19,
the fum of fix hundred fifty two thousand and twenty pounds doth, 21.
on the two and twentieth day of March one thouſand ſeven hundred 2 Geo. 2. c. 3.
and nineteen, remain unfatisfied, to complete the fum of feven hundred
nineteen thousand and forty pounds, which in respect only of the tic-
kets, commonly called the prize tickets, drawn in the lottery last men-
tioned, was charged upon the faid yearly fund of one hundred fixteen
thousand five hundred feventy three pounds and twelve shillings, with
an intereft after the rate of four pounds per centum per annum ;
which yearly fund laft mentioned is also redeemable upon paying off
all the principal fums and arrears of intereft due thereupon. And fe-
veral fums amounting to one million feventy nine thousand pounds prin-
cipal monies were advanced for the use of the publick, pursuant to two
feveral acts of parliament of the first year of your Majeſty's reign,
the one for raiſing nine hundred and ten thousand pounds upon a fund
4
I. C. 2.
I
K4
of
136
[1719.
Anno fexto GEORGII I. C.4.
'
of forty five thousand five hundred pounds per annum, and the other
for raifing one hundred and fixty nine thousand pounds upon a fund of
eight thoufand four hundred and fifty pounds per annum, charged
upon the aggregate fund, and other provifions therein mentioned; for
all which fums fo amounting to one million ſeventy nine thousand pounds,
the contributors, and thoſe claiming under them, are intitled to fe-
veral annuities at the rate of five pounds per centum per annum,
payable by the cashier of the bank of England for the time being;
and the fame annuities at that rate amount to fifty three thousand nine
hundred and fifty pounds per annum (over and above fix hundred
and fifty pounds per annum allowed for charges of management) but
are fubject to redemption at any time upon one year's notice, and re-
payment by parliament of the respective principal fums laſt mentioned,
and of all arrears of the fame annuities (if any be then due). And by
or in pursuance of an act of parliament made in the third year of
3 Geo.1.c.7. your Majefty's reign, intituled, An act for redeeming the duties
and revenues which were fettled to pay off principal and inte-
reft on the orders made forth on four lottery-acts paffed in the
ninth and tenth years of her late Majefty's reign, and for re-
deeming certain annuities payable on orders out of the heredi-
tary exciſe, according to a former act in that behalf; and for
eſtabliſhing a general yearly fund, not only for the future pay-
ment of annuities at feveral rates, to be payable and transfer-
rable at the bank of England and redeemable by parliament; but
alſo to raiſe monies for ſuch proprietors of the faid orders, as
ſhall chufe to be paid their principal and arrears of intereſt in
ready money; and for making good fuch other deficiencies and
payments, as in this act are mentioned; and for taking off the
duties on linfeed imported and British linen exported, feveral
annuities or yearly fums, after the rate of five pounds per centum
per annum, amounting in the whole to the fum of four hundred fe-
venty fix thousand feven hundred feventeen pounds feventeen fhillings
and eight pence per annum, or thereabouts, are payable by the cashier
of the bank of England for the time being for ſeveral principal fums
which remained due and unsatisfied on the faid four lottery-acts, and
for one moiety of the debt which was due to certain bankers and others,
and for intereft made principal purſuant to the act last mentioned, a-
mounting in the whole to nine millions five hundred thirty four thou-
fand three hundred fifty ſeven pounds thirteen fhillings and eleven pence
9 Ann. c. 6. three farthings; that is to fay, on the act for the ten pounds lottery
for the fervice of the year one thousand feven hundred and eleven, the
Jum of one million fix hundred feventy two thoufand eight hundred
twenty one pounds and ten fhillings; on the act for the class lottery of
the fame year the fum of two millions five hundred fixty three thousand
feven hundred fixty eight pounds and four fhillings; and on the act for
the ten pounds lottery for the fervice of the year one thouſand ſeven
hundred and twelve the fum of two millions two hundred ninety twa
thousand three hundred fixty feven pounds and ſeven ſhillings; and on
10 Ann. c. 26. the act for the clafs-lottery of the fame year the Jum of two millions three
hundred forty fix thousand feven hundred forty five pounds nineteen
Shillings and fix pence; and for the faid moiety of the debt which was
due to the bankers and others the fum of fix hundred fifty eight thouſand
9 Ann. c. 10.
10 Ann. c. 19.
7
1719.]
137
Anno fexto GEORGII I. C. 4.
!
fix hundred fifty four pounds thirteen fillings and five pence three
farthings. And by or in purfuance of the faid act of the third year
9 Ann. c. 6.
of your Majesty's reign feveral annuities or yearly fums, after the 3 Geo. 1. c. 7.
rate of four pounds per centum per annum, amounting to the fum
of one hundred two thouſand thirty fix pounds thirteen Shillings and
two pence per annum, or thereabouts, are payable by the cashier of
the bank of England for the time being for ſeveral principal fums
amounting to two millions five hundred fifty thousand nine hundred
and fixteen pounds eight shillings and eight pence halfpenny, or there-
abouts; that is to fay, two thousand fix hundred feventy two pounds
and ten fhillings per annum, or thereabouts, for monies contributed
by tallies of fol to fatisfy the principal and intereft, amounting to fix-
ty fix thoufand eight hundred and twelve pounds nine fillings and
two pence, which remained unfatisfied upon the register of loans found-
ed upon the act of parliament for the duties on low wines, and other
things therein mentioned, which expired on or about the twenty fourth
day of June one thousand feven hundred and fourteen; thirteen thou- 3&4Ann. c.4.
fand eight hundred Seventy one pounds fourteen fhillings and eight
pence per annum, or thereabouts, for monies contributed by tallies of
fol to fatisfy the principal and intereft, amounting to three hundred
forty fix thousand feven hundred ninety three pounds feven fillings
and ten pence, which remained unsatisfied upon the register of loans
founded on the act of parliament for the duty on candles, which ex-
pired on or about the first day of May one thousand feven hundred and
fifteen; twenty thousand three hundred fixty five pounds one ſhilling
and ten pence per annum, or thereabouts, for monies contributed by
tallies of fol to fatisfy a deficiency, which (when adjusted) appeared
to amount to five hundred nine thousand one hundred twenty feven
pounds five fhillings and fix pence, to make good your Majesty's fup- 13 Geo.1. C.3.
ply for the year one thousand feven hundred and fixteen; nine hun-
dred fixty Seven pounds fixteen shillings and nine pence per annum,
or thereabouts, for monies contributed by tallies of fol to fatisfy feve-
ral bills of exchange, amounting to twenty four thousand one hundred
ninety five pounds eighteen fillings and one penny, drawn for the
Service of the expedition to Canada: fixty four thousand one hundred
fifty nine pounds nine fhillings and eleven pence per annum, or there-
abouts, for the principal fums, amounting to one million fix hundred
three thouſand nine hundred eighty feven pounds eight fillings and
one penny halfpenny, contained in army debentures certified on or be-
fore the one and twentieth day of March one thousand feven hundred
and nineteen by the proper officer appointed to make forth fuch deben-
tures pursuant to the feveral acts of parliament in that behalf: all
which annuities or yearly fums, computed or to be computed after the
faid refpective rates of five pounds per centum per annum and four
pounds per centum per annum, by virtue or in pursuance of the faid
act of the third year of your Majesty's reign are payable out of a cer- 3 Geo. 1. c.7.
tain yearly fund of feven hundred twenty four thousand eight hun-
dred forty nine pounds fix fillings and ten pence and one fifth part
of a penny per annum, commonly called the general fund, established
by the fame act: the payments whereof and making good all deficiencies
thereupon are fecured by the feveral duties and revenues by that act
granted
130
[1719.
Anno fexto GEORGII I. C.4.
granted and made perpetual, and by ſeveral appropriations and other
provifions therein Specified; and the fame annuities are redeemable up-
on fuch notice or notices and fuch payment or payments to be made, as
in and by the faid act of the third year of your Majesty's reign are
prefcribed. And by or in pursuance of a certain claufe contained in the
5 Geo. 1. c.1. act for the land-tax paffed in the fifth year of your Majesty's reign,
one or more annuity or annuities amounting to the fum of five thousand
five hundred fifteen pounds and twelve shillings per annum, or there-
abouts, after the rate of five pounds per centum per annum, were
made payable by the faid cashier of the bank of England for the time
being out of the faid general fund of feven hundred twenty four thou-
fand eight hundred forty nine pounds fix fhillings and ten pence and
one fifth part of a penny per annum, to the treasurer of your Majesty's
navy for the fervice of the navy and victualling thereof, to make good a
deficiency of one hundred ten thousand three hundred and twelve pounds
Seventeen fhillings and four pence in the fame act expreſſed; which an-
nuity or annuities laft mentioned are alfo charged on the faid general or
yearly fund, and be payable at the bank of England as other annuities
payable out of that fund, until the redemption thereof by parliament.
5 Geo. 1.C.24. And by or in pursuance of another act of the fifth year of your Majesty's
A private act. reign, intituled, An act for the relief of Edward Clent, efq; execu-
tor of lieutenant colonel Thomas Clent, for an army debenture loft
in the pay-office, one or more annuity or annuities amounting to twenty
three pounds eight shillings and three pence farthing per annum, or
thereabouts, after the rate of four pounds per centum per annum, be-
came payable by the faid cafbier of the bank of England for the time
being out of the faid general fund of feven hundred twenty four thou-
fand eight hundred forty nine pounds fix fhillings and ten pence and one
fifth part of a penny per annum, for the principal ſum of five hun-
dred eighty five pounds feven shillings and one penny, ftated to be due
on a loft debenture mentioned in the fame act; which annuity or an-
nuities were alſo thereby made payable until the redemption thereof by
parliament. And by or in pursuance of another act of parliament made
5 Geɔ. 1. c. 3. in the fifth year of your Majesty's reign, intituled, An act for apply-
ing certain overplus monies and further fums, to be raiſed as well.
by way of a lottery as by loans, towards paying off and cancelling
exchequer bills, and for leffening the prefent great charge in re-
lation to thoſe bills; and for circulating and exchanging for
ready money the refidue of the fame bills for the future, feveral
annuities, amounting in the whole to the yearly fum of twenty thousand
Geo. 1. c.3. pounds, after the rate of four pounds per centum per annum for the
principal fums, amounting to five hundred thousand pounds contributed
to a lottery founded upon that act, are payable by the cashier of the bank
of England for the time being out of a yearly fund of twenty thousand
pounds thereby charged (amongst other things) upon the duties and re-
venues thereby denominated the aggregate fund, fubject nevertheless to a
provifo of redemption upon fuch notice and payments as by the act laft men-
tioned are preferibed. And by or in purfuance of another act made in the
5 Ceo, 1. c. 9. faid fifth year of your Majesty's reign, intituled, An act for continu-
ing certain duties upon coals and culm, and for eſtabliſhing cer-
tain funds to raiſe money, as well to proceed in the building of new
13
churches,
1719.]
Anno fexto GEORGII I. c. 4.
139
1
churches, as alſo to complete the ſupply granted to his Majefty,
and to reſerve the overplus monies of the ſaid duties for the dif-
pofition of parliament; and for more effectually fuppreffing pri-
vate lotteries, the fum of five hundred thousand pounds therein men-
tioned, towards your Majesty's fupply, was raised by a lottery; which Geo. 2. c. 8..
fum, together with intereft for the fame, after the rate of four pounds
per centum per annum, till repayment of the principal, is thereby
Jecured to be paid at the exchequer in the course therein mentioned, by
and out of a yearly fund of thirty thousand five hundred fifty nine pounds
and fourteen fillings, thereby fettled for thirty two years, reckoned
from the twenty fifth day of March one thousand feven hundred and
nineteen, and charged (amongst other things) upon certain duties on
coals and culm thereby granted or appropriated: fo that all the prin-
cipal fums for which intereft-monies are payable out of the faid re-
deemable funds or fecurities carrying intereft at the faid rate of five
pounds per centum per annum, till fatisfaction of the fame principal
fums, do amount to one million fifty five thousand nine hundred and nine-
ty pounds, or thereabouts; and all the principal fums for which intereft-
monies are payable out of the faid redeemable funds or fecurities carry-
ing intereft at the faid rate of four pounds per centum per annum,
till fatisfaction of the fame principal fums, do amount to one million
feven hundred fifteen thousand three hundred and twenty pounds, or
thereabouts, and all the principal fums for which the faid annuities
are payable out of the ſaid redeemable funds or fecurities at the faid
rate of five pounds per annum for every one hundred pounds, do a-
mount to ten millions feven hundred twenty three thousand fix hundred
Seventy pounds eleven fhillings and three pence three farthings, or
thereabouts; and the annuities, payable for the fame at the rate laft-
mentioned, do amount to five hundred thirty fix thouſand one hundred
eighty three pounds ten fhillings and fix pence three farthings per an-
num, or thereabouts, till the redemption thereof; and all the principal
fums for which the faid annuities are payable out of the faid redeem-
able funds or fecurities at the faid rate of four pounds per annum
for every one hundred pounds, do amount to three millions fifty one
thousand five hundred and one pounds fifteen fillings and nine pence
halfpenny, or thereabouts; and the annuities payable for the fame at the
Said rate of four pounds per centum per annum, do amount to one
hundred twenty two thousand and fixty pounds one filling and five
pence per annum, or thereabouts until the redemption thereof. And South-Sex
whereas the governor and company of merchants of Great Britain company wil-
trading to the South-Seas and other parts of America, and for en-ling to take in,
couraging the fifbery, are willing, at fuch time or times as they fhall chafe or fub-
either by pur-
find convenient, before the first day of March one thousand feven hun- fcription,all or
dred and twenty one, to take in, either by purchaſe or fubfcriptions, any of theſe
all or any the above-mentioned annuities, payable during the respect- annuities be-
ive remainders of the above-mentioned terms of ninety fix years, eigh-
ry nine years and ninety nine years, (in this act before computed to a-
mount in the whole to fix hundred fixty fix thousand eight hundred twen-
ty one pounds eight fhillings and three pence halfpenny per annum,
thereabouts) from the respective proprietors thereof (and without without com-
any compulsion on any of the faid proprietors) at fuch price and prices pulfion on any
pr
J
as
fore 1 March
1721,
I
of the propri
etors.
140
[1719.
Anno fexto GEORGII I. c. 4.
as ſhall be agreed between the faid company and the respective propri-
etors of thofe annuities; and where any of the annuities fo payable dur-
ing the remainder of any of the faid long terms of ninety fix years,
eighty nine years and ninety nine years, do or ſhall belong to feveral per-
fons or corporations having particular eftates or intereft therein (in
poffeffion, reverfion or by way of future intereft) who will voluntarily
agree together to depart with fuch their particular eftates or interefts,
that fo the faid governor and company may lawfully take in fuch annuity
or annuities during the whole remainder of the faid refpective terms
of ninety fix years, eighty nine years or ninety nine years, the faid
governor and company, in all fuch cafes, are willing, at fuch time or
times as they hall find convenient, before the faid first of March one
thouſand ſeven hundred and twenty one, to take in, either by purchaſe
or fubfcriptions, fuch particular eftates or interests, whereby the faid
annuities for the whole remainder of the faid long terms respective-
ly may effectually be taken in, according to the true meaning of this
act, at fuch price or prices as shall be agreed between the faid
company and thofe proprietors: provided the faid governor and com-
The conditi- pany, for every annuity (part of the ſaid annuities computed to amount
onsupon which in the whole to fix hundred fixty fix thouſand eight hundred twenty
the company one pounds eight shillings and three pence halfpenny per annum, or
thoſe feveral thereabouts) fo to be taken in by them, may, in lieu thereof, have an
are to take in
annuities.
addition made to their capital ftock after the rate of twenty years
purchaſe, and fuch refpective additions (in respect thereof) to their
prefent annuity or yearly fund, fecured to be paid for fuch time, and
"out of fuch duties and revenues as are herein after prefcribed and
appointed, until the redemption thereof according to the tenor and true
meaning of this prefent act. And the faid governor and company are
willing, at fuch time or times as they fhall fee convenient, before the
faid first day of March one thousand feven hundred and twenty one,
to take in, either by purchaſe or fubfcriptions, all or any of the above-
mentioned lottery- annuities in this act computed to amount to forty
fix thousand two hundred and fixty pounds fix fhillings and one penny
per annum, or thereabouts, for the term of twenty three years,
reckoned from Michaelmas one thousand feven hundred and nineteen,
and the pay-tickets for the fame, from the respective proprietors there-
of, at fuch price or prices as fhall be agreed between the faid company
and the respective proprietors of thofe annuities. And where any of the
lottery-annuities fo payable during the faid term of twenty three
years, or the pay-tickets for the fame, do or fhall belong to feveral
perfons or corporations, who will voluntarily agree together to depart
with all the pay-tickets for any fuch annuity for the faid term of
twenty three years, the faid governor and company, in all and every
fuch cafe and cafes, are willing, at fuch time or times as they shall
fee convenient, before the faid first day of March one thousand feven hun-
dred and twenty one, to take in the fame, either by purchaſe or ſub-
fcriptions, at fuch price or prices as ſhall be agreed between the faid
company and thofe proprietors: provided the faid governor and com-
pany, for every fuch lottery-annuity fo to be taken in, may have an
addition made to their capital ftock after the rate of fourteen years
purchase, and fuch refpective additions to their prefent annuity or
yearly
1719.]
141
Anno fexto GEORGII I. c.4.
R-
yearly fund fecured to be paid for fuch time, and out of fuch duties and
revenues as are herein after prefcribed and appointed in that behalf,
until the redemption thereof according to the tenor and true mean-
ing of this prefent act. And the faid governor and company are
alfo willing, at fuch time or times as they fhall fee convenient, be-
fore the faid first day of March one thouſand ſeven hundred and twen-
ty one, to take in, either by purchaſe or fubfcriptions, all or any the
above-mentioned annuities (before in this act computed to amount to
eighty one thousand pounds per annum, or thereabouts) for the faid
term of twenty two years and three quarters of a year, reckoned from
Christmas one thousand feven hundred and nineteen, or for the re-
mainder of that term which ſhall be to come and unexpired at the quar-
ter-day next preceding the taking in the fame from the respective pro-
prietors thereof, without any compulſion on any fuch proprietors, at ſuch
price or prices as ſhall be agreed between the faid company and the re-
Spective proprietors of thofe annuities. And where any of the annui-
ties fo payable during the faid term of twenty two years and three
quarters of a year, or fuch remainder thereof, do or shall belong to
Jeveral perfons or corporations having particular eftates or interefts
therein who, will voluntarily agree together to depart with fuch their
particular eftates or interefts, fo that fuch annuity or annuities may
effectually be taken in for the faid whole time or term of twenty two
years and three quarters of a year, or fuch remainder thereof, the faid
governor and company in all and every fuch cafe and cafes are will-
ing, at fuch time or times as they fhall fee convenient, before the faid
first day of March one thousand feven hundred and twenty one, to
take in the fame, either by purchaſe or voluntary fubfcriptions, at fuch
price or prices as shall be agreed between the faid company and thofe
proprietors: provided the ſaid governor and company, for every fuch
annuity fo to be taken in, may have an addition made to their capital
Stock after the like rate of fourteen years purchaſe, and ſuch reſpect-
ive additions, in respect thereof to their prefent annuity or yearly
fund, fecured to be paid for fuch time and out of fuch duties and
revenues as are herein after preſcribed and appointed in that behalf
until the redemption thereof according to the tenor and true mean-
ing of this prefent act. And the faid governor and company are
likewife willing, at fuch time or times as they shall fee convenient,
before the first day of March one thousand feven hundred and twenty
one (but fubject to fuch notices for redemption as are herein after
mentioned) to take in all and every the faid redeemable debts and an-
nuities (the principal fums whereof are in this act before computed to
amount to fixteen millions five hundred forty fix thousand four hundred
eighty two pounds feven fhillings and one penny farthing, or therea-
bouts) either by purchaſes, taking ſubſcriptions, or paying them off
by the faid governor and company: provided the faid governor and
company may have an addition of one hundred pounds to their prefent
capital stock for every one hundred pounds of the principal monies fo
taken in by them, and proportionably for greater or leffer fums, and
fo as fuch additions be made to the prefent annuity or yearly fund
of the faid governor and company as shall be equal to the rates now
payable for the principal fums of thofe redeemable debts and annui-
ties
"
142
[1719.
Anno fexto GEORGII I. C. 4.
ties which shall be fo taken in, until the redemption thereof according
to this act. And the faid governor and company, for the liberty of
increaſing their capital stock and their annuity or yearly fund by fuch
means as aforefaid, have defired and confented, That their prefent
annuities or yearly funds for their prefent capital flock, and the an-
nuities or yearly funds for their capital flocks, (to be increaſed pur-
fuant to this act) be continued at the respective rates herein after
mentioned, till the feast of the nativity of Saint John Baptiſt which
Shall be in the year of our Lord one thousand feven hundred and twenty-
feven inclufively; and that from and after the fame feaft-day their
then annuity or yearly fund for their whole capital and increafed ca-
pital stocks may be actually reduced to four pounds per centum per an-
num, and be likewife from thenceforth redeemable by parliament; and
in confideration thereof, and of fuch other benefits and advantages as
are hereafter in and by this act provided and expreffed, the faid go-
vernor and company are willing to make fuch payments into the receipt
of exchequer as are herein after Specified, for the use of the publick,
to be applied for paying off the publick debts and incumbrances
incurred before Christmas one thoufand feven hundred and fixteen.
Now we your Majefty's moft dutiful and loyal fubjects, the
commons of Great Britain in parliament affembled, being defi-
rous to have the faid publick debts and incumbrances leffened
as faft as conveniently may be, with regard to justice and the
publick faith, and that as well fuch publick duties, revenues
and incomes as are already fettled for anfwering the prefent an-
nuity or yearly fund of the faid governor and company, as alſo
fuch other publick duties, revenues and incomes as are fpecified
in this act, may be fettled in ſuch manner, that the prefent an-
nuities or yearly funds for the prefent capital of the faid gover-
nor and company, and the annuities or yearly funds which
ſhall become due and payable for their capital to be increafed,
purſuant to this act, may be continued at the reſpective rates
herein after mentioned, till the faid feaft of the nativity of Saint
John Baptiſt which ſhall be in the year of our Lord one thou-
fand feven hundred and twenty feven inclufive; and that from
and after the fame feaft day their then annuity or yearly fund
for their whole capital and increaſed capital may be actually
reduced to four pounds per centum per annum, and likewiſe be
thenceforth redeemable by parliament according to the purport
and true meaning of this act, have, for that end and purpoſe,
given and granted, and do by this prefent act give and grant to
your Majefty, your heirs and fucceffors, fuch rates, duties, re-
venues and incomes as are herein after mentioned; and do
humbly beseech your Majeſty, That it may be enacted; and
be it enacted by the King's moft 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 au-
The duties of thority of the fame, That fuch or the like particular rates and
excife and on duties of excife upon beer, ale, cyder and other liquors, as by
the ſaid act of the eighth year of the reign of Queen Anne were
granted for the term of thirty two years, which commenced
pepper, &c.
granted
Ann, c. 7.
from
1719.]
Anno fexto GEORGII I. C.4.
143
from the feaſt of the annunciation of the bleſſed Virgin Mary
one thouſand ſeven hundred and ten; and fuch new rates or
duties upon pepper, raiſins, nutmegs, cinnamon, cloves, mace
and fnuff, as by the fame act were granted for the term of
thirty two years, which commenced from the fixth day of
February one thoufand feven hundred and nine, fhall feverally,
by virtue of this act, have continuance after the refpective de-
terminations of the feveral terms of thirty two years laſt men-
tioned, and be paid and payable to his Majeſty, his heirs and
fucceffors for ever: and that the above-mentioned yearly fund And the
or fum of thirty five thousand pounds per annum, which by the 35,000l. per
ſaid letters patents of her faid late majeſty Queen Anne, ground- ann. granted
ed upon the ſaid act of parliament in that behalf, was made by her late
Majeſty's let-
payable at the exchequer during the term of thirty two years, ters patents,
which commenced from Michaelmas one thouſand ſeven hun- made per-
dred and thirteen, out of revenues in the fame letters patents petual.
expreffed, fhall, after the determination of the term of thirty
two years laſt mentioned, have continuance, and the ſaid reve-
nues fhall be charged therewith for ever: and that ſuch or the
2. C. g.
1 Geo. 1. ftat.
1. C. 2.
like additional or new duties and rates for and upon all foap, The duty on
and for and upon all paper, pafte-boards, mill-boards and fcale- foap, paper,
boards, and for and upon certain chequered and ſtriped linens, &c.
and upon certain linens printed, painted, ftained or dyed after 12 Ann. ftat.
the manufacture, or in the thread or yarn before the manu-
facture in any foreign parts, and for and upon filks, callicoes,
linens and ftuffs printed, ftained, painted or dyed in Great Bri-
tain, and for and upon all ſtarch, and for and upon coals fhip-
ped to be exported, and for and upon feveral matters and
things which fhould be engroffed or written on ſtampt vellom,
parchment and paper, which in or by the faid two acts, the one
of the twelfth year of her faid late Majefty's reign, and the o-
ther of the firſt year of his now Majefty's reign, or by one of
thoſe acts, were granted and laid for a term or ſeveral terms of
thirty two years, which commenced from the ſecond day of
August one thouſand ſeven hundred and fourteen (except as in
the fame acts or either of them is excepted) ſhall ſeverally, by
virtue of this act, have continuance after the determination of
the term and terms of thirty two years laft mentioned, and be
paid and payable to his Majefty, his heirs and fucceffors for
ever: and that fuch and the like particular rates and impo- And the
ſitions, which in and by one of the ſaid acts of the fifth year of duties on
his preſent Majesty's reign were granted or impofed for and coals, &c.
upon all forts of coals and culm which fhould be imported and 5 Geo. 1. c. 9.
made per-
brought into the port of the city of London or the river of Thames
within the liberty of the faid city upon the fame river, from and
after the twenty feventh day of September one thouſand feven
hundred and twenty five, and before the feaſt of the annuncia-
tion of the bleſſed Virgin Mary which fhall be in the year of
our Lord one thouſand ſeven hundred and fifty one, fhall by
virtue of this act be continued and be paid and payable to his
Majeſty, his heirs and fucceffors for ever, for and upon all forts
of
petual.
144
[1719
Anno fexto GEORGII I. c. 4.
Thefe duties
how to be
raiſed.
Alterations
in other acts
concerning
the duties to
take place.
The monies
to ariſe by
thefe duties
to be brought
into the ex-
chequer.
Subject to re-
demption.
of coals and culm which fhall be imported and brought at any
time or times after the twenty fourth day of March which
ſhall be in the year of our Lord one thouſand ſeven hundred
and fifty.
II. And it is hereby enacted, That the ſeveral rates, duties,
revenues and impofitions by this act made perpetual, as afore-
faid, as well before, as when and as the fame reſpectively fhall
take effect by virtue of this act, fhall be raiſed and levied by
fuch rules, means and methods, and under fuch penalties and
forfeitures, and with fuch diftributions of the fame penalties
and forfeitures, and fubject to fuch power of mitigation, and
with fuch reſpective drawbacks, allowances and repayments,
and with ſuch exceptions, and in fuch manner and form,
as the like rates, duties, revenues or impofitions, granted or
continued by the faid former acts now in being respectively,
are preſcribed, enacted, or appointed to be raiſed or levied.
III. Provided always, and it is hereby enacted by the autho-
rity aforefaid, That in all cafes where any further or other pro-
vifion or alteration is made by any other act or acts of parlia-
ment now in force, touching or concerning any the rates,
duties, revenues and impofitions which were granted for cer-
tain terms, as aforefaid, fuch other provifions and alterations
ſhall be obſerved and take place, in relation to the like rates,
duties, revenues and impofitions by this act intended to be
made perpetual.
IV. And be it enacted by the authority aforefaid, That all
the monies to ariſe by the ſaid rates, duties, revenues and im-
pofitions by this act made perpetual, as aforefaid, as well be-
fore, as when and as the fame refpectively (after the expiration
of the reſpective terms formerly granted, as aforefaid) fhall take
effect by virtue of this prefent act (the neceffary charges of
raifing the fame excepted) fhall from time to time be brought
into the receipt of exchequer, to the intent and purpoſe that
the faid governor and company of merchants of Great Britain
trading to the South-Seas and other parts of America, and for
encouraging the fishery, and their fucceffors, may out of the
fame be fecured the payment of fuch refpective annuities or
fums as ſhall or may become due or payable to them in purſu-
ance of this act, until the redemption thereof: nevertheleſs the
faid rates, duties, revenues and impofitions hereby made perpe-
tual, and ſuch annuities or fums as fhall or may become due
or payable out of the fame to the faid governor and company,
and their fucceffors, fhall be fubject to redemption by parlia-
ment, according to the provifo or condition of redemption here-
after in this act contained in that behalf; any thing in this act
contained to the contrary notwithſtanding.
¡
V. And to the end it may be known and aſcertained what
annuities ſhall be taken in, and what debts (for which intereſt
is now payable) fhall be paid off by or at the charge of the cor-
poration of the faid governor and company, at any time or
times before the reſpective times in and by this act limited in
that
1719.]
145
Anno fexto GEORGII I. c. 4.
that behalf; and what additions in refpect thereof are to be
made, as well to the prefent capital ſtock of the fame corpora-
tion; and how far their own preſent annuity or yearly fund is
to be increaſed in proportion to fuch additional ftock or ſtocks,
till the redemption thereof, and alſo how much is to be paid by
them into the receipt of his Majefty's exchequer, for the ufe of
the publick, after the rate of four years and a half's purchaſe,
upon fuch and fo many of the faid annuities payable during the
reſpective remainders of the ſaid certain terms of ninety fix
years, eighty nine years, ninety nine years, and thirty two
years, which ſhall be taken in, as aforefaid, at any time or
times before the first day of March one thouſand ſeven hundred
and twenty one, and how much is to be paid by them into the
receipt of the exchequer, for the uſe of the publick, after the
rate of one year's purchaſe upon fuch or fo many of the faid an-
nuities fo payable, during the reſpective remainders of the faid
certain terms of ninety fix years, eighty nine years, and ninety
nine years, as fhall not be taken in before the faid firſt day of
March one thouſand ſeven hundred and twenty one (over and
above the certain fum of four millions one hundred fifty fix
thouſand three hundred and fix pounds four fhillings and e-
leven pence, to be paid by them for the uſe of the publick, for
the liberty of increafing their capital ſtock and annual fund, by
taking in the redeemable debts and annuities, as is herein after
mentioned) and that it may alſo plainly appear what new al-
lowance is to be made to the faid corporation for charges of
management, when the fame fhall be reduced to a certainty,
according to the tenor and true meaning of this prefent act :
be it further enacted by the authority aforefaid, That it fhall Commif-
and may be lawful to and for the commiffioners of the treasury, fioners of the
or any three or more of them, or the lord high treaſurer of treaſury to
Great Britain for the time being, and they reſpectively are here-
managers and
by authorized and required, by one or more writing or writings directors.
under their reſpective hands, to conftitute and appoint fuch
able and fit perfons, or fuch diftinct numbers of able and fit
perfons, and fuch or fo many of them refpectively, as the faid
commiffioners of the treaſury, or any three or more of them,
or the faid high treaſurer for the time being fhall, from time to
time, think fit to be managers and directors for doing and per-
forming, and caufing to be done and performed fuch matters
and things as are by this act appointed or authorized by fuch
managers and directors, or by their order to be done and per-
formed.
conftitute
and directors
to prepare
VI. And be it enacted by the authority aforefaid, That fuch
managers and directors fo to be conftituted, or fuch or fo many Managers
of them, as aforefaid, fhall according to fuch directions as they
ſhall receive in writing from the faid commiffioners of the trea- books with
fury, or any three or more of them, or the high treaſurer for proper co-
the time being, prepare or cauſe to be prepared one or more lumns, viz.
book or books, wherein ſhall be entred, under proper titles or
prefaces, and in proper columns, the particulars following;
L
VOL. XIV.
(that
146
[1719.
Anno fexto GEORGII I. C. 4.
One for tak
ing in the an-
nuities of 96,
89, and 99
years.
(that is to fay) There thall be entred in fuch book or books
the name or names of ſuch perſon or perfons, bodies politick
or corporate, then intitled to the faid annuities, payable for the
reſpective remainders of the faid long terms of ninety fix years,
eighty nine years, and ninety nine years, which fhall be actual-
ly taken in by virtue of this act; and alſo the names of fuch
perfon or perfons, bodies politick or corporate, then intitled to
particular eftates or interefts in fuch annuities, who fhall be
willing to depart with the fame, and which fhall be actually
taken in, as aforefaid, fo that the faid governor and company
may lawfully take in thoſe annuities, or any of them, during the
whole remainders of thoſe long terms refpectively; and there
ſhall be entred in the fame book or books, every annuity ſo
payable for the refpective remainder of the ſaid ſeveral terms of
ninety fix years, eighty nine years, and ninety nine years, which
fhall be actually taken in, as aforefaid (all which annuities, if
the whole fhould be purchaſed, are in this act before computed
to amount to fix hundred fixty fix thouſand eight hundred
twenty one pounds eight fhillings and three pence halfpenny
per annum, or thereabouts;) and the particular duties, revenues,
funds, or other provifions whereupon every fuch annuity was
charged, or by or out of which the fame was to be paid; and
there fhall alſo be entred in the fame book or books ſuch price
or prices as ſhall be agreed upon between the corporation of the
faid governor and company, or fuch agent or agents as the fame
corporation, under their common feal, fhall intruft and impower
on their behalf, of the one part, and the faid refpective pro-
prietors, or fuch as fhall be lawfully impowered or entruſted on
their behalf, on the other part, for every ſuch annuity, fo to be
payable during the refpective remainders then to come and un-
expired of the faid long terms of ninety fix years, eighty nine
years, and ninety nine years; which price or prices are to be
anſwered by the faid corporation of the faid governor and com--
pany, either in ready money, or otherwife, to the fatisfaction of
the faid refpective proprietors, or thofe intrufted by or for them,
at or upon their ſubſcribing or writing to or againſt the reſpec-
tive entries relating to them in the faid book or books; and
there fhall likewife be entred in the fame book or books, the
additions which are to be made to the prefent capital ſtock of
the faid governor and company, after the faid rate of twenty
years purchaſe, for taking in the faid refiduary long terms as a-
forefaid and moreover, in the fame book or books there fhall
be entred and fet down the additions which are to be made to
the prefent annuity or yearly fund of the faid governor and
company in respect of fuch their new additional capital ftock;
which new additions to their annuity or yearly fund are to com-
mence from the quarterly feaft day laft preceding fuch taking
in by purchaſe or ſubſcription, and to be payable after the rate
of five pounds per centum per annum, until the four and twenti-
eth day of June one thouſand feven hundred and twenty feven
inclufively; and afterwards at the faid rate of four pounds per
6
centum
\
1719.]
147
Anno fexto GEORGII I. C.4.
centum per annum, until redemption by parliament, according
to the purport and true meaning of this act.
the annuities
81,000l.
VII. And be it enacted by the authority aforefaid, That the Other books
faid managers and directors fo to be conftituted, or fuch or fo with columns
many of them, as aforefaid, fhall according to fuch directions for taking in
as they fhall receive in writing from the faid commiffioners of payable out of
the treaſury, or any three or more of them, or the high trea- the yearly
fund of
furer for the time being, prepare or cauſe to be prepared one or
more other book or books, wherein ſhall be entred, under pro-
per titles or prefaces, and in proper columns, the particulars fol-
lowing; (that is to fay) there ſhall be entred in the book or
books laſt mentioned, the name or names of fuch perfon or per-
fons, bodies politick or corporate, then intitled to any of the
faid annuities, payable out of the faid yearly fund of eighty one
thouſand pounds, for twenty two years and three quarters of a
year, reckoned from Christmas one thouſand feven hundred and
nineteen, or for the remainder of that term which fhall be to
come and unexpired at the quarter day preceding the taking in
the fame (being the remainder of one of the terms of thirty two
years above mentioned) or to particular eftates or intereft there-
in, who fhall be willing to depart with, and fhall fubfcribe the
fame, fo that the faid governor and company may effectually
take in thofe annuities, or any of them, for the faid whole term
of twenty two years and three quarters of a year, or the faid re-
mainder thereof; and there fhall be entred in the book or books
laſt mentioned, every annuity fo payable for the ſaid remaining
term of twenty two years and three quarters of a year, or the
faid remainder thereof, which fhall be taken in, as aforefaid,
and the particular duties, revenues, funds, or other provifions,
whereupon every fuch annuity was charged, or by or out of
which the fame was to be paid; and there ſhall alſo be entred
in the fame book or books, fuch price or prices as thall be a-
greed upon between the corporation of the faid governor and
company, or fuch agent or agents as the fame corporation, un-
der their common feal, fhall intruft and impower in this behalf,
on the one part, and the ſame reſpective proprietors, or fuch as
fhall be lawfully impowered or intruſted on their behalf, on the
other part, for every ſuch annuity ſo to be payable during the
ſaid remaining term of twenty two years and three quarters of
a year, or the faid remainder thereof; which price or prices are
alfo to be anſwered by the faid corporation of the ſaid governor
and company, either in ready money, or otherwife, to the fatis-
faction of the reſpective proprietors, or thofe intrufted by or for
them, at or upon their fubfcribing to the refpective entries re-
lating to them in the book or books laſt mentioned; and there
fhall likewiſe be entred in the fame book or books, the additions
which are to be made to the prefent capital ftock of the faid go-
vernor and company, after the ſaid rate of fourteen years pur-
chaſe, for taking in the faid annuities for the faid remaining
term of twenty two years and three quarters of a year, or the
faid remainder thereof, as aforefaid: and moreover, in the fame
L 2
book
:
!
148
[1719.
Anno fexto GEORGII I. Ċ. 4.
for the an-
nuities
on unfub-
fcribed lot-
tery-tickets
of 1710.
book or books there fhall be entred the new additions which
are to be made to the preſent annuity or yearly fund of the faid
governor and company, in reſpect of ſuch their new additional
capital ftock; which new additions to their annuity or yearly
fund are to commence from the quarterly feaſt-day preceding
the taking in the fame, and to be payable after the faid rate of
five pounds per centum per annum, until the faid twenty fourth
day of June one thouſand ſeven hundred and twenty feven in-
clufively; and afterwards at the faid rate of four pounds per
centum per annum, until redemption by parliament, according to
the purport and true meaning of this act.
VIII. And be it enacted by the authority aforefaid, That
Other books the faid managers and directors fo to be conſtituted, or ſuch or
with columns fo many of them, as aforefaid, fhall according to fuch directions
as they ſhall receive in writing from the faid commiffioners of
the treaſury, or any three or more of them, or the high trea-
furer for the time being, prepare or cauſe to be prepared one or
more other book or books, wherein fhall be entred, under pro-
per titles or prefaces, and in proper columns, the particulars
following; (that is to fay) there fhall be entred in the book or
books laſt mentioned, the name or names of fuch perſon or
perfons, bodies politick or corporate, then intitled to any of the
faid annuities, payable upon unſubſcribed lottery-tickets of the
faid year one thouſand feven hundred and ten, out of the ſaid
remainder of the faid yearly fund of one hundred thirty five
thousand pounds, for twenty three years, computed from Mi-
chaelmas one thouſand ſeven hundred and nineteen (being the
remainder of the above mentioned term of thirty two years,
relating to the ſaid lottery annuities) or to particular eftates or
interefts therein, who fhall be willing to depart with, and fhall
fubfcribe the fame, fo that the ſaid governor and company may
effectually take in thoſe lottery annuities, or any of them, for
the faid whole term of twenty three years; and there ſhall be
entred in the book or books laſt mentioned, every annuity fo
payable by lottery-tickets for the faid remaining term of twenty
three years, which fhall be taken in, as aforefaid, and the par-
ticular duties, revenues, funds, or other provifions, whereupon
every fuch lottery annuity was charged, or by or out of which
the fame was to be paid; and there fhall be alfo entred in the
fame book or books, Tuch price or prices as thall be agreed up-
on between the corporation of the faid governor and company,
or their agent or agents, on their behalf, on the one part, and
the ſame reſpective proprietors, or fuch as thall be lawfully im-
powered or intruffed on their behalf, on the other part, for e-
very fuch annuity fo to be payable by lottery tickets during the
faid remaining term of twenty three years; which price or prices
fhall alſo be anſwered by the faid corporation of the faid gover-
nor and company, either in ready money or otherwife, to the
fatisfaction of the refpective proprietors, or thoſe intruſted by
or for them, at or upon their fubfcribing to the refpective entries
relating to them in the book or books laſt mentioned; and
there
1719.]
149
Anno fexto GEORGII I. c. 4.
there fhall likewife be entred in the fame book or books the
additions which are to be made to the prefent capital ftock of
the ſaid governer and company, after the faid rate of fourteen
years purchaſe, for taking in the faid lottery annuities for the
faid remaining term of twenty three years, as aforefaid: and
moreover, in the fame book or books there fhall be entred the
new additions which are to be made to the preſent annuity or
yearly fund of the faid governor and company in reſpect of fuch
their new additional capital ſtock; which new additions to their
annuity or yearly fund, are to commence from Michaelmas one
thouſand ſeven hundred and nineteen, and to be payable after
the ſaid rate of five pounds per centum per annum, until the faid
twenty fourth day of June one thoufand feven hundred and
twenty feven inclufively, and afterwards at the faid rate of four
pounds per centum per annum, until redemption by parliament,
according to the purport and true meaning of this act.
do by
Managers to
IX. And whereas the above-mentioned principal fums, now carry-
ing intereft after the faid rate of five pounds per centum per an-
num, do by computation amount to one million fifty five thousand
vine hundred and ninety pounds, or thereabouts, as aforefaid; and
the above-mentioned principal fums for which annuities are now pay-
able after the like rate of five pounds per centum per annum,
computation amount to ten millions ſeven hundred twenty three thou-
fand fix hundred and feventy pounds eleven fhillings and three pence
three farthings, or thereabouts; in all to eleven millions ſeven hun-
dred ſeventy nine thouſand fix hundred and fixty pounds eleven ſhil-
lings and three pence three farthings, or thereabouts, part of the a-
bove-mentioned principal Jums, computed to amount to fixteen mil-
lions five hundred forty fix thousand four hundred eighty two pounds
feven Shillings and one penny farthing, or thereabouts; which the faid
governor and company have undertaken to pay off at the rate of one
hundred pounds per centum, on or before the faid first day of March
one thouſand ſeven hundred and twenty one it is therefore hereby
further enacted by the authority aforefaid, That the faid mana- provide other
gers and directors fo to be conftituted, as aforefaid, fhall ac- books with
cording to fuch directions as they fhall receive in writing from columns, for
the ſaid commiffioners of the treaſury, or any three or more of entring the
them, or the high treaſurer for the time being, prepare or caufe principal fums
paid off by the
to be prepared one or more other book or books, wherein fhall South-Sea
be entred, under proper titles or prefaces, and in proper co- company to
lumns, every principal fum which ſhall have been actually paid the proprie.
off by the faid governor and company in ready money, or other- tors of the
wife, to the relpective proprietors of the faid principal fums fo fums at 5 l.
principal
computed to amount to eleven millions feven hundred feventy per cent.
nine thousand fix hundred and fixty pounds eleven fhillings
and three pence three farthings, or thereabouts, after the faid
rate of one hundred pounds per centum, and proportionably for
greater or leffer fums; and the reſpective days and times when
every fuch payment fhall have been made, and the names of
the respective proprietors who fhall have received the fame, the
particular duties, revenues, funds or provifions for which the
£3
faid
150
[1719.
Anno fexto GEORGII I. c. 4.
And other
books for
entring the
fums paid off
to the pro-
prietors of
the principal
fum's of 41.
per centum.
faid intereſt monies or annuities after the faid rate of five pounds
per centum per annum were charged, or by or out of which the
fame were reſpectively payable; and there fhall be alfo entred
in the fame book or books the new additions which are to be
made to the prefent capital ftock of the faid governor and com-
pany, after the rate of one hundred pounds for every one hun-
dred pounds fo paid off by them, and the new additions which
are to be made to the preſent annuity or yearly fund of the faid
governor and company, in refpect of the fame new additional
ftock or stocks; which additions to their prefent annuity or
yearly fund are to commence from the quarterly feaſt-day, or half-
yearly feaſt-day on which thofe annuities or intereft-monies are
now payable, and laſt preceding the time of taking in ſuch an-
nuities and debts refpectively; and are to be alſo payable after
the ſaid rate of five pounds per centum per annum, until the faid
twenty fourth day of June one thouſand feven hundred and
twenty ſeven inclufively, and afterwards at the rate of four
pounds per centum per annum, until redemption by parliament,
according to the purport and true meaning of this act.
X. And whereas the above-mentioned principal fums, now carry-
ing intereft after the faid rate of four pounds per centum per an-
num, do by computation amount to one million feven hundred fifteen
thouſand three hundred and twenty pounds, or thereabouts, as afore-
faid; and the principal fums for which annuities are now payable.
after the like rate of four pounds per centum per annum, do by
computation amount to three millions fifty one thousand five hundred
and one pounds fifteen fillings and nine pence halfpenny, or there-
abouts; in all, to four millions feven hundred fixty fix thousand eight
hundred twenty one pounds fifteen fillings and nine pence halfpenny,
or thereabouts, being other part of the abovementioned principal fums.
computed to amount to fixteen millions five hundred forty fix thou-
fand four hundred eighty two pounds feven fillings and one penny
farthing, or thereabouts; which the faid governor and company have
undertaken to pay off at the like rate of one hundred pounds per cen-
tum, on or before the faid first day of March one thousand feven hun-
dred and twenty one : it is therefore hereby further enacted by the
authority aforefaid, that the faid managers and directors fo to
be conftituted, as aforefaid, fhall according to fuch directions as
they ſhall receive in writing from the faid commiffioners of the
treaſury, or any three or more of them, or the high treaſurer
for the time being, prepare or caufe to be prepared one or more
other book or books, wherein fhall be entred, under proper
titles or prefaces, and in proper columns, every principal fum
which fhall have been actually paid off by the faid governor and
company in ready money, or otherwife, to the refpective pro-
prietors of the faid principal fums fo computed to amount to
four millions feven hundred fixty fix thoufand eight hundred
twenty one pounds fifteen fhillings and nine pence halfpenny,
or thereabouts, after the faid rate of one hundred pounds for
every hundred pounds fo paid off by them, and proportionally
for greater or leffer fums; and the refpective days and times
when
1719.7
151
Anno fexto GEORGII I. C. 4.
when every fuch payment fhall have been made, and the names
of the reſpective proprietors who fhall have received the fame,
with the particular duties, revenues, funds or provifions, for
which the faid intereft monies or annuities after the faid rate of
four pounds per centum per annum were charged or by or out of
which the fame were refpectively payable; and there thall alſo
be entred in the fame book or books, the new additions which
are to be made to the preſent capital ſtock of the faid governor
and company, after the faid rate of one hundred pounds for
every one hundred pounds fo paid off by them, and the new
additions which are to be made to the preſent annuity or year-
ly fund of the ſaid governor and company, in reſpect of the
fame new additional ftock or ftocks; which additions to their
preſent annuity or yearly fund are to commence from the quar-
terly feaſt-day, or half-yearly feaſt-day on which thoſe annuities
or intereſt-monies are now payable, and laft preceding the time
of taking in fuch annuities and debts refpectively; and to be al-
fo payable at the like rate of four pounds per centum per annum,
until the faid twenty fourth day of June one thouſand ſeven
hundred and twenty feven inclufively; and afterwards at the
like rate of four pounds per centum per annum, until redemption
by parliament, according to the purport and true meaning of
this act.
}
XI. And whereas the faid governor and company may come to an And other
agreement with fome ar all of the proprietors of the above-mentioned books for
principal fums now carrying interest at the ſaid respective rates of entring the
five pounds and four pounds per centum per annum, before fatis- Pums which
faction of thofe principal fums reſpectively, or with those who are or by fubfcrip-
fhall be intrusted by or for them, or fome of them, and with fome or all tion (in
of the proprietors of the above-mentioned principal fums for which re- money or its
value in ſtock)
deemable annuities are now payable after the faid respective rates of thall be paid
five pounds and four pounds per centum per annum, or with those off in part of
who are or ſhall be intrufted by or for them, or fome of them (all the redeem-
which principal fums are in this act computed to amount in the whole able funds.
to fixteen millions five hundred forty fix thousand four hundred eighty
two pounds feven fillings and one penny farthing, or thereabouts, as
aforefaid) in purſuance of which agreements, fuch proprietors, or ſome
of them, or thofe intruſted by them, may be willing and defirous, at
Some time or times before the faid first day of March one thousand feven
hundred and twenty one, to accept their payment and fatisfaction of and
for fuch their principal fums in money, at the faid rate of one hundred
pounds per centum, or by stock at fuch price or prices as ſhall be a-
greed upon between them and the faid governor and company,
and ac-
cordingly to fubfcribe the fame in the book or books before-mentioned,
or in feveral books to be prepared for that purpoſe, although fuch no-
tice or notices as are required by any law or laws now in force, be or
be not given for the payment of the faid principal fums, or any of
them, and without infifting upon any time or times allowed by law,
after the giving fuch notice or notices: it is therefore provided and
further enacted by the authority aforefaid, That the faid mana-
gers and directors to be conftituted and appointed in purſuance
3
1
L 4
of
1.52
[1719.
Anno fexto GEORGII I. c. 4.
!
Thefe books
to be opened
by the ma-
pagers at fuch
times as the
+
of this act, or ſuch or fo many of them, as aforefaid, according
to fuch directions as they fhall, from time to time, receive in
writing from the faid commiffioners of the treaſury, or any
three or more of them, or the high treaſurer for the time being,
if thereto requeſted by the court of directors of the faid gover-
nor and company for the time being, and fuch request be fig-
nified in writing under the hands of any feventeen, or more of
them, or under the common feal of the faid company, and not
otherwiſe, fhall prepare or cauſe to be prepared one or more o-
ther book or books, or feveral other books, wherein thall be
entred, under proper titles or prefaces, and in proper columns,
all and every the principal fums which fhall be fo paid off by
the faid governor and company in ready money, at the ſaid rate
of one hundred pounds per centum, or by ſuch ſtock as fhall be
accepted in lieu thereof, by or in purſuance of ſuch ſubſcrip-
tions, and the names of the reſpective proprietors who thall be
fo paid or fatisfied, and the particular duties, revenues, funds or
other provifions on which the principal monies laft mentioned,
or the faid redeemable intereft or annuities payable in refpect of
the ſame were charged, or by or out of which the fame were re-
ſpectively payable, and the new additions which are to be made
to the preſent capital ſtock of the faid governor and company in
refpect thereof, at the faid rate of one hundred pounds for every
one hundred pounds principal money ſo taken in by ſuch ſub-
fcriptions, and the new additions which are to be made to the
preſent annuity or yearly fund of the faid governor and com-
pany, in refpect of fuch their new additional ſtock or ſtocks;
which additions to their prefent annuity or yearly fund, fhall be
after the rate of five pounds per centum per annum, for fo much
of fuch their new capital ftock as they are to have for paying off
fuch of the faid principal fums which carry intereft or annuities
after the ſaid rate of five pounds per centum per annum, and ſhall
be after the rate of four pounds per centum per annum, for fo
much of fuch their new capital ftock as they are to have for
paying off fuch of the faid principal fums as carry intereft or
annuities after the faid rate of four pounds per centum per annum ;
and the fame refpective additions to their prefent annuity or
yearly fund of the faid governor and company, at the reſpective
rates laft mentioned, fhall commence from the quarterly feaft-
day or half-yearly feaft-day, on which thofe annuities or in-
tereft-monics are now payable, and laft preceded the time of
taking in fuch annuities and debts reſpectively, and ſhall conti-
nue until the ſaid twenty fourth day of June one thouſand ſeven
hundred and twenty feven inclufively; and afterwards at the
faid rate of four pounds per centum per annum, until redemption
by parliament, according to the purport and true meaning of
this act.
XII. And be it enacted by the authority aforefaid, That the
faid managers and directors to be conftituted in purſuance of
this act, fhall from time to time, and at ſuch times as the court
of directors of the faid governor and company for the time
being
1
1719.]
153
Anno fexto GEORGII I. c. 4.
being ſhall appoint, open all and every or any of the books fo South-Sea
to be prepared, as aforefaid, at the publick office of the faid go- company fhall
appoint by
vernor and company, or at fome other convenient publick place publick no-
to be appointed by the faid court of directors, whereof notice tice.
fhall, from time to time, be given in writing to be affixed upon
the Royal Exchange in London, and fhall alfo be inferted in the
London Gazette, and that fuch books fhall lie open for fuch time
and times reſpectively as the faid court of directors fhall, from
time to time, judge neceffary.
fhall be deem-
ed the pro-
XIII. And for avoiding all difputes and controverfies con- Claufe to
cerning the property of any the principal fums by this act afcertain who
intended to be purchaſed or paid off, or any the annuities or
intereſt-monies payable for the fame: be it further enacted and
prietors of
declared by the authority aforefaid, that every perſon and cor- the annuities
poration, by or for whom there shall be produced to the faid on the unfub-
fcribed pay-
managers and directors, or fuch of them as aforefaid, during tickets, 110.
the time and times the faid book or books relating to thoſe
tickets fhall lie open, fo many of the faid unfubfcribed pay-
tickets belonging to the faid lottery of the year one thouſand
ſeven hundred and ten, as would (in cafe they be not taken in
by this act) warrant the payment of any the ſaid annuities pay-
able thereupon, for the faid whole term of twenty-three years,
out of the yearly fum of forty fix thouſand two hundred and
fixty pounds fix fhillings and one penny above-mentioned, ſhall
be deemed the true and lawful owner of every fuch lottery-
annuity refpectively; and that every perſon and corporation, by
or for whom there fhall be produced to the faid managers and
directors, or fuch of them, as aforefaid, (during the time or
times the faid book or books relating to the fortunate tickets
drawn in the lottery preſcribed by the faid act of the fifth year of
his Majefty's reign fhall lie open) any of thoſe tickets by which
the fortunate adventurers (in cafe fuch tickets be not taken in by
this act) would be intitled to annuities, after the rate of four
pounds per centum per annum, out of the yearly fund of twenty
thousand pounds therein mentioned, and be payable by the
cafhier of the bank of England, for the time being, redeemable
nevertheleſs by parliament, fhall be deemed and adjudged to be
the true and lawful proprietors of the fame annuities refpective-
ly: provided fuch fortunate tickets fo produced ſhall have been.
firft chequed, proved and atteſted by the managers appointed or
to be appointed by the commiffioners of his Majefty's treafury
for that purpoſe, or fome or one of them; and that every per- Or on the lot-
ſon and corporation, by or for whom there ſhall be produced to teries of 5
the ſaid managers and directors, or fuch of them, as aforefaid Geo. 1. c. 9.
(during the time or times the faid book or books relating to the
fortunate tickets drawn in another lottery, and by another act
of the fifth year of his Majefty's reign, fhall lie open) any of
thofe tickets as would (in cafe they be not taken in by this act)
intitle the fortunate adventurers to feveral principal fums, a-
mounting in the whole to five hundred thousand pounds, with
intereft for the fame, till the principal fhall be fatisfied out of a
fund
154
[1719.
Anno fexto GEORGII I. C.4.
Who fhall be
deemed the
the annuities
of 96, 89, and
99 years, &c.
C. 9.
C. 2.
fund of thirty thouſand five hundred and fifty nine pounds.
fourteen fhillings per annum, mentioned in that act, fhall be
deemed and adjudged the true and lawful proprietors of the ſaid
principal fums, and the intereſt attending the ſame reſpectively;
provided fuch fortunate tickets fo produced fhall have been first
chequed, proved and atteſted by the managers already appointed
or to be appointed for that purpoſe, or fome or one of them.
XIV. And whereas the above mentioned annuities payable during
the feveral remainders yet to come and unexpired of the above men
proprietors of tioned terms of ninety fix years, eighty nine years and ninety nine years,
or during fuch particular eftates and interefts as will make up the faid
whole remainders of the fame terms respectively, and the faid annui-
ties payable after the faid rate of nine pounds per centum during the
remainder of the faid term of thirty two years therein granted, and
the principal money remaining unsatisfied upon her late Majesty's let-
ters patents above mentioned, and the intereft thereof and the princi-
pal money remaining unfatisfied, as well in respect of the blank tickets
12 Ann.ftat. 2. as of the fortunate tickets, by virtue of the faid act of the twelfth year
1 Geo. 1. ftat.1. of her faid late Majefty's reign, and the ſaid act of the first year of
his Majefty's reign, are all payable by ftanding orders which were
made forth and figned by the feveral lord treaſurers or commif-
fioners of the treasury for the time being; which orders, and all af-
fignments thereof, or any part thereof, and of the annuities or debts
therein fpecified, or any of them, or any part thereof, and all devifes
by will concerning the fame, are or ought to be regifired, entred or
notified in books for that purpoſe kept in the receipt of his Majefty's
exchequer, or in particular offices where the fame annuities or debts
respectively have been or are payable: it is hereby further enacted
by the authority aforefaid, That fuch perfons or corporations
respectively, as by the faid books, regifters or entries fhall ap-
pear to be the perfons or corporations entitled to any ſuch an-
nuities or debts as are laft mentioned, at the time or refpective
times when the fame fhall be taken in by fuch purchaſe, fubfcrip-
tion or paying off as aforefaid, purſuant to this act, fhall be
deemed and adjudged to be the true and lawful proprietors
thereof reſpectively; and that the auditor of the receipt of the
exchequer, and each comptroller in thoſe particular offices re-
ſpectively, fhall on or before the thirtieth day of May one thou-
fand ſeven hundred and twenty tranfmit, or cauſe to be tran-
ſmitted in writing under their refpective hands, to the managers
and directors to be conftituted in purſuance of this act, or ſuch
of them as aforefaid, fair ſchedules or lifts, expreffing therein
every fuch annuity and debt, and the prefent proprietors there-
of, and the particular duties, provifions or funds charged there-
with, as they thall appear by the faid books, registers or entries.
at the time of tranſmitting fuch ſchedules; and fhall afterwards,
from time to time, daily certify to the faid managers and direc-
tors ſo to be conftituted, or fuch of them as aforefaid, all alte-
rations or additions which ought to be made in or to the faid
ſchedules by any fubfequent affignments, wills or titles which
ſhall be brought to the faid receipt, or other offices reſpectively
to
1719.]
155
Anno fexto GEORGII I. C. 4.
to be entred, after the tranfmitting of the faid ſchedules, until
the ſaid firſt day of March one thouſand feven hundred and
twenty one.
the annuities
the debts to be
XV. And whereas the faid annuities, after the rate of five pounds Who fhall be
per centum per annum, amounting to fifty three thouſand nine hun- deemed the
dred and fifty pounds per annum, or thereabouts, founded upon the proprietors of
faid two acts of the first year of his Majesty's reign; and the faid an- of 51. per cent.
nuities, after the rate of five pounds per centum per annum, a- and 41. per
mounting to four hundred feventy fix thouſand ſeven hundred and fe- cent. &c. or
venteen pounds Seventeen fillings and eight pence per annum, or taken in.
thereabouts, founded upon the faid act of the third year of his Maje-1 Geo.1.ftat.1.
fty's reign; and the faid annuities, after the rate of four pounds per c. 2.
centum per annum, amounting to one hundred and two thousand 3 Geo. 1. c. 7.
thirty fix pounds thirteen Shillings and two pence per annum, or
thereabouts, founded upon the fame aɛt; and the ſaid annuity or an-
nuities, after the rate of five pounds per centum per annum, a-
mounting to five thousand five hundred and fifteen pounds twelve fhil-
lings per annum, or thereabouts, payable for the Service of the navy
and victualling thereof, by a claufe in the act for the land tax of the
fifth year of his Majesty's reign; and the faid annuity of twenty 5 Geo. 1. C. lạ
three pounds eight fhillings and three pence farthing per annum, found-
ed on the faid act for the relief of Edward Clent, are all payable by
the cashier of the bank of England for the time being, out of money
impreſted to him at the receipt of the exchequer for that purpoſe;
and all the annuities fo payable by the faid cashier, or shares in joint
Stocks for the fame, are affignable or transferrable, in books kept at
the publick office of the governor and company of the bank of Eng-
land, in the manner and form prefcribed by feveral acts of parlia-
ment in that behalf, and are devifeable by wills entred or notified in the
books there kept for that purpoſe: now it is hereby further enacted
by the authority aforefaid, That fuch perfons or corporations
reſpectively, as by the faid books, regiſters or entries kept in
the faid publick office of the bank of England fhall appear to be
the perfons or corportions entitled to any fuch annuities laft
mentioned, at the time or refpective times when the fame fhall
be taken in by fuch purchaſe, fubfcriptions or paying off as a-
forefaid, purſuant to this act, fhall be deemed and adjudged the
true and lawful proprietors of the fame annuities reſpectively,
and of the proportional ſhares of ſtock created for the fame; and
that the accountant general in the faid publick office of the bank
of England now being, or that hereafter fhall be, fhall on or be-
fore the thirtieth day of May one thouſand ſeven hundred and
twenty tranfmit, or caufe to be tranfmitted in writing under his
hand, to the managers and directors to be conftituted in pur-
fuance of this act, or ſuch of them as aforefaid, fair ſchedules
or lifts, expreffing therein every fuch annuity or ſhare in ſtock
for the fame, and the names and additions of all the reſpective
proprietors thereof, and the particular duties and proviſions or
funds charged therewith, as they ſhall appear by the faid books,
regiſters or entries, at the time of tranfmitting fuch ſchedules;
and fhall afterwards, from time to time, certify to the faid ma-
nagers
1
156
[1719.
Anno fexto GEORGII I. c. 4.
No fee for
lifts or certifi-
cates.
nagers and directors fo to be conftituted, or fuch of them as
aforefaid, all alterations or additions which ought to be made
in or to the ſchedule laſt mentioned, by any fubfequent tranſ-
fers, wills or titles which fhall be brought to the faid office of
the bank to be entred after tranfmitting the fchedule laſt men-
tioned, until the faid first day of March one thouſand feven
hundred and twenty one.
XVI. And it is hereby enacted, That no fee, gratuity or re-
tranfmitting ward fhall be demanded or taken of the ſaid South-Sea company,
any ſchedules, or of the faid managers and directors to be conftituted as afore-
faid, or of the reſpective proprietors, or any of them, or of any
agents or inſtruments to be appointed by them, or any of them
as aforefaid, for making or tranfmitting any the ſaid ſchedules,
lifts or certificates; and that fuch perfons or corporations re-
ſpectively, as by fuch ſchedules, lifts or certificates fhall appear
to be the perſons or corporations entitled to any fuch annuities
laſt mentioned in fuch ſchedules, lifts or certificates, fhall be
deemed and adjudged to be the true and lawful proprietors of
the fame annuities refpectively, and of the proportionable fhares
of ſtock created for the fame at the time of tranſmitting the ſaid
ſchedules, lifts and certificates refpectively.
Managers, be- XVII. And for the more eaſy and ſafe execution of the ſeve-
fore the books ral powers and trufts by this act repofed in the managers and
be opened, to directors to be appointed purſuant thereunto, and for the pre-
give notice to
the account-vention of frauds, and that the publick may not be liable to a
ant general of double payment for or in refpect of any of the ſaid annuities
the bank of
the time,
and after
clofing of the
books to certi-
fy the names
of the perfons
by or for
whom fub-
fcriptions fhall
have been
made, to the
faid account-
ant general,
&c.
which are transferrable at the bank of England: be it further
enacted by the authority aforefaid, That the faid managers and
directors to be appointed in purfuance of this act, or any three
or more of them, fhall from time to time and at all times, be-
fore any of the faid books relating to the fame annuities fhall
be opened by them, give notice in writing under their hands
to the ſaid accountant general in the office of the bank of Eng-
land, of the refpective day and days on which fuch refpective
fubfcription-books will be opened; and fhall likewife from time
to time, as foon as conveniently may be, after each and every
clofing of ſuch book and books reſpectively, by a lift or ſchedule,
lifts or ſchedules, under the hands of the fame managers or di̟-
rectors, or any three or more of them, to be tranſmitted to the
faid accountant general for the time being, certify the names of
the reſpective proprietors of and in the fame annuities, and every
or any of them, by or for whom fuch fubfcriptions as aforeſaid
fhall have been made in the book or books to be ſo opened by
the faid managers or directors, and of the particular fhares and
intereſts of and in the fame annuities refpectively and the ſtock
attending the fame, which fhall have been fo fubfcribed by or
for every fuch perfon or perfons, bodies politick or corporate;
upon receipt of which lifts or ſchedules from the fame managers
and directors the faid accountant general fhall forthwith and
from time to time write off from and debit the accounts of each
and every perfon or perfons, bodies politick or corporate, con-
tained
1719.]
1.57
Anno fexto GEORGII I. C. 4.
fers, &c.
tained in the fame lifts or ſchedules, of or for the refpective parts
or ſhares of and in the fame annuities refpectively, and of and
in the ſtock attending the fame, contained in the fame lifts or
ſchedules; and ſhall take care that the reſpective perfon and per-
fons, bodies politick or corporate, do not transfer or affign any
ſuch part or ſhare of and in the fame annuities and the ſtock at- After ſuch nơ-
tending the fame, which ſhall be contained in fuch lifts or ſche- tice no tranf-
dules to be tranfmitted to him by the fame managers or directors;
and the faid accountant general fhall likewife take care, that
from and after fuch notice fhall be given to him as aforefaid by
the faid managers and directors to be appointed in purfuance of
this act, or any three or more of them, and until he ſhall have
received from the fame managers or directors, or any three or
more of them, fuch lifts or ſchedules as are directed to be tranf-
mitted to him by them, no transfers or affignments fhall be
made in the book or books by him kept relating to thofe annui-
ties reſpectively for or concerning which fuch fubfcription book
or books thall be ſo opened.
mit fuch lifts,
XVIII. And be it further enacted by the authority aforefaid, Accountant
That if the faid accountant general in the publick office of the general of the
bank of England for the time being ſhall at any time or times bank neglect-
hereafter neglect or delay to tranfmit fuch lifts or ſchedules, or ing to tranf-
to make fuch certificate or certificates to the managers or direc- &c. the bank
tors to be conſtituted in purſuance of this act, or to fhut or stop to cauſe the
the transfers of the faid redeemable annuities which are tranf- fame to be
ferrable at the publick office of the faid bank of England, ac- done.
cording to the purport and true meaning of this act, or to do
any other matters or things by this act required to be done or
performed by fuch accountant general, that then and in every
fuch cafe and fo often, the governor and company of the bank
of England, and their fucceffors (who have the nomination or
appointment of fuch accountant general) thall be and are here-
by required and obliged to cauſe and procure to be done and
performed the fame matters and things (fo delayed or neglected
to be done and performed) in fuch manner as fuch accountant
general ought to have done the fame by virtue or in purſuance
of this act.
deem the re-
XIX. And be it further enacted by the authority aforefaid, South-Sea
That it hall and may be lawful to and for the faid governor and company, be-
company of merchants of Great Britain trading to the South-Seas forei March
and other parts of America, and for encouraging the fithery, at 1721, may re-
any time or times before the ſaid firſt day of March one thouſand deemable
ſeven hundred twenty one, to redeem all and every or any the re- debts of
deemable debts and incumbrances above in this act recited or men- 16,546,482 1.
tioned, amounting in the whole to the faid fum of fixteen millions 7 s. 1d. 1q.
five hundred forty fix thouſand four hundred eighty two pounds
feven fhillings and one penny farthing, or thereabouts, and the
reſpective ſecurities for the fame, by paying off the fame debts
and incumbrances, and every or any of them, at the rate of at the rate of
one hundred pounds for every one hundred pounds principal 100l. for every
money, and proportionably for greater or leffer fums, at the 100l. principal
publick money.
158
[1719.
Anno fexto GEORGII I. c. 4.
Where notice
ſhould be
are to give
fuch notice.
On payment
or tender the
publick office of the faid South-Sea company in the city of Lon-
don, at fome time or times before the faid first day of March
one thouſand ſeven hundred twenty one, and to uſe and cauſe,
or procure to be uſed and to be put in execution, all lawful
ways and means for redemption thereof.
XX. And be it enacted by the authority aforefaid, That in
all and every cafe and cafes, where in or by any act or acts of
given by au-
parliament now in force, any notice or notices for redemption
thority of par- of the faid debts and incumbrances, or any of them, might or
liament, &c.
the company fhould be given or left in behalf of the publick, by authority of
parliament or by the ſpeaker of the houfe of commons, purfuant
to any vote or refolution of that houſe, fuch and the like notice
or notices thall and may be given or left by the faid governor
and company of merchants of Great Britain trading to the
South-Seas and other parts of America, and for encouraging the
fishery, or by fuch perſon or perfons as they or their court of
directors fhall appoint to give or leave ſuch notice or notices,
for redemption of the fame debts and incumbrances, or fo many
or fuch part or parts of them refpectively as are redeemable at a
time, as the fame governor and company, or their court of
directors, in regard to the abilities and other circumſtances of
the fame company, fhall think fit; and that from and after the
expiration of the time and times to be mentioned in ſuch notice
and notices for paying off and redeeming the fame debts and
incumbrances, or any parts of them, every or any of them,
fuch debts and incumbrances, or fuch part and parts thereof,
as fhall be mentioned in fuch notice or notices to be redeemed,
fhall, upon payment of the reſpective fum or fums of money
be redeemed, payable to the proprietors for fuch redemption, or tender there-
be redeemed, of at the publick office of the fame governor and company, be
and be adjudged to be redeemed; and the intereſt and annuity
payable in reſpect thereof to the refpective proprietors of fuch
debts and incumbrances, or their respective parts or proportions
thereof, ſo far as the fum or fums fo to be paid off or redeem-
ed ſhall extend, fhall thenceforth ceaſe and determine to be pay-
able to them; and in lieu thereof, an annuity after fuch and
the like rate as the intereft money and annuity as is now pay-
able for or in reſpect of ſuch debts or incumbrances, fhall be
from thenceforth paid and payable to the faid governor and com-
pany of merchants of Great Britain trading to the South-Seas
and other parts of America, and for encouraging the fishery,
and their fucceffors, or to their cashier for the time being for
their ufe, until and for the faid feaft-day of the nativity of Saint
John Baptift which ſhall be in the year of our Lord one thou-
fand ſeven hundred twenty feven, and from thenceforth after
and a propor- the rate of four pounds per centum per annum, until redemption
tional addition by parliament, and a proportional addition or additions in re-
ſpect thereof fhall be made to their capital ftock, according to
the purport and true meaning of this act: fo as fuch debts and
incumbrances as fhall be redeemed upon fuch notice or notices,
be paid off at the ſaid rate of one hundred pounds for every one
faid debts to
&c.
to be made to
the capital
ftock.
hundred
بود
1719.]
159
Anno fexto GEORGII I. c. 4.
1
in the Gazette
hundred pounds principal money, and in that proportion for
greater or leffer fums, at fuch day or days, time or times, to be
mentioned in fuch notice or notices for payment thereof, on this
fide and before the ſaid firſt day of March one thouſand ſeven
hundred twenty one, at the publick office of the fame governor
and company. And as to fuch of the faid debts and incum- As to fuch
brances for redemption whereof no notice is by law required, debts where of
no notice is by
it ſhall and may be lawful to and for the faid governor and com-
law required,
pany of merchants of Great Britain trading to the South-Seas company to
and other parts of America, and for encouraging the fishery, or give notice by
their court of directors for the time being, to give notice by writing on the
writing or writings to be affixed upon the Royal Exchange in Exchange or
London, or by publication or publications in the London Gazette, of the times
and thereby to appoint and aſcertain a time or times for pay- for payment.
ment of and redeeming all or any ſuch debts and incumbrances,
or fo many or fuch part or parts of them refpectively at a time,
as the fame governor and company, or their court of directors,
in regard to the abilities or circumftances of the fame company
fhall think fit; and that from and after the expiration of the
time and times to be mentioned in fuch notice or notices for pay-
ing off and redeeming the fame debts and incumbrances, or any
parts of them, every or any of them, fuch debts and incum-
brances (upon payment of the reſpective ſum or fums of money
payable to the proprietors for fuch redemption, or tender there-
of at the publick office of the fame governor and company)
ſhall be and be adjudged to be redeemed, and the intereft and
the annuity payable in reſpect thereof, to the refpective proprie-
tors of fuch debts and incumbrances, fhall thenceforth ceafe and
determine to be payable to them, and in lieu thereof, an annuity
after ſuch and the like rate, as the intereft-money and annuity
as is now payable for or in reſpect of ſuch debts or incum-
brances, ſhall be from thenceforth paid and payable to the ſaid
governor and company of merchants of Great Britain trading to
the South Seas and other parts of America, and for encouraging
the fishery, and their fucceffors, or to their cafhier for the time
being for their uſe, until and for the faid feaft-day of the nati-
vity of Saint John Baptift which ſhall be in the year of our Lord
one thouſand ſeven hundred twenty feven; and from thenceforth
after the rate of four pounds per centum per annum, until redemp-
tion by parliament; and a proportional addition or additions in After 24 June
refpect thereof shall be made to their capital ftock, according to 1727, interest
the purport and true meaning of this act.
at 41. per cent.
XXI. And be it alſo further enacted by the authority afore- Company be-
ſaid, That it ſhall and may be lawful to and for the faid go- forex March
vernor and company of merchants of Great Britain trading to 1721,may take
the South-Seas and other parts of America and for encouraging chafe or fub-
in, by pur-
the fiſhery, at any time or times before the ſaid firſt day of March fcriptions, the
one thouſand ſeven hundred and twenty one, to take in, by way annuities of
of purchaſe or ſubſcriptions, all and every or any the above men- 96, 89, and 99
tioned annuities payable during the refpective remainders then years, &c.
to come and unexpired of the above mentioned terms of ninety
fix
!
160
[1719.
Anno fexto GEORGII I. C. 4.
at fuch prices
as fhall be nu-
tually agreed
on with the
proprietors.
If the proprie-
tors are willing
to accept a
fhare in the
company's
stock,
fix years, eighty nine years and ninety nine years, in this act
before computed to amount in the whole to fix hundred fixty fix
thoufand eight hundred twenty one pounds eight fhillings and
three pence halfpenny per annum or thereabouts, and all the pre-
fent and future eftates and interefts therein, and the refpective
fecurities for the fame, fo as the fame annuities refpectively by
fuch purchafes or ſubſcriptions be effectually taken in for the
whole refidues and remainders then to come and unexpired of
the faid refpective terms of ninety fix years, eighty nine years and
ninety nine years from the refpective proprietors thereof, at ſuch
price and prices as fhalf be agreed upon between the fame com-
pany, or their court of directors on their behalf, and thoſe pro-
prietors refpectively, and fo as the fame price or prices for fuch
annuities be paid or fatisfied at the publick office of the faid
South-Sea company in London, at fome time or times at or be-
fore the ſaid first day of March one thouſand feven hundred and
twenty one; and to take in, by purchaſes or ſubſcriptions, all
and every or any the above mentioned lottery annuities in this
act computed to amount to forty fix thouſand two hundred and
fixty pounds fix fhillings and one penny per annum, or therea-
bouts, for the faid whole term of twenty three years, reckoned
from Michaelmas one thoufand feven hundred and nineteen, and
the pay tickets for the fame, from the refpective proprietors,
thereof, at ſuch price or prices as ſhall be mutually agreed be-
tween the fame company, or their court of directors in their
behalf, and the refpective proprietors of thofe annuities, ſo as
fuch price or prices for the fame be paid or fatisfied at the pub-
lick office of that company in London, at fome time or times at
or before the ſaid firſt day of March one thouſand ſeven hun-
dred and twenty one; and to take in, by purchaſe or ſubſcrip-
tions, all and every or any the above mentioned annuities be-
fore in this act computed to amount to eighty one thouſand
pounds per annum, or thereabouts, for the faid whole term of
twenty two years and three quarters of a year, reckoned from
Christmas one thouſand ſeven hundred and nineteen, or for the
remainder of that term which shall be to come and unexpired
at the quarter-day preceding the taking in of the fame, and the
refpective fecurities for the fame, from the refpective proprietors
thereof, at fuch price or prices as ſhall be mutually agreed be
tween that company, or their court of directors on their be-
half, and the refpective proprietors of thofe annuities, ſo as fuch
price or prices for the fame be likewife paid or fatisfied at their
publick office in London, at fome time or times at or before the
ſaid firſt day of March one thouſand ſeven hundred and twenty
one.
XXII. Provided always, and it is hereby enacted by the au-
thority aforefaid, That if all or any of the proprietors of all or
any the faid redeemable debts and incumbrances computed in
and by this act to amount to fixteen millions five hundred forty
fix thouſand four hundred eighty two pounds feven fhillings and
one penny farthing, or thereabouts, fhall be willing and defirous
at
1719.]
161
Anno fexto GEORGII I. C. 4.
at the time of
at the time or reſpective times of fubfcribing or paying off the
fame, or any of them, to accept and take (in lieu of the faid
one hundred pounds per centum in money) a fhare or ſhares of
and in the capital or joint ſtock of the faid South-Sea company,
increaſed and to be increaſed purſuant to this act, at ſuch price at fuch prices
or prices as ſhall then be mutually agreed by and between the as ſhall be mu-
fame company, or their court of directors in their behalf, and tually agreed
the ſaid proprietors, or any of them, or if all or any the pro- fubfcribing,
prietors of all or any the faid annuities computed in and by this in lieu of mo
act to amount ſeverally to fix hundred fixty fix thouſand eight ney,
hundred twenty one pounds eight fhillings and three pence half-
penny per annum, forty fix thouſand two hundred and fixty
pounds fix fhillings and one penny per annum, and eighty one
thouſand pounds per annum, or thereabouts, ſhall be willing and
defirous, at the time or refpective times of taking in the fame,
or any of them, by purchaſe or fubfcriptions as aforefaid, to
accept and take (for and in lieu of their refpective annuities or
debts) a fhare or hares of and in the fame capital or joint ſtock
increaſed and to be increaſed purſuant to this act, at ſuch rate
or rates for the faid ſtock as fhall then be mutually agreed by
and between the fame company, or their court of directors in
their behalf, and the faid proprietors, or any of them, that then fuch proprie
and in all and every ſuch caſe and cafes the ſaid ſeveral and re- tors thall be
ſpective proprietors fo defiring to accept (for or in lieu of their admitted inta
reſpective annuities or debts) fuch fhares in ſtocks, fhall be en- for fuch fhares.
titled thereunto accordingly, and the fame proprietors, whether
they be natives or foreigners, bodies politick or corporate, his, her
and their heirs, executors, adminiftrators, fucceffors and affigns
reſpectively ſhall have and enjoy and be entitled, by force and
virtue of this act, to have and enjoy of and in the faid capital
or joint ſtock of the fame company increaſed and to be in-
creaſed as aforefaid, fuch refpective fhares as aforefaid, and in
reſpect of ſuch ſhares fhall be deemed and taken to be members
of the fame company, and be incorporated into the fame, and
fhall, in proportion to the fame fhares refpectively, have and be
entitled to the like benefits, powers, privileges and advantages,
as other members of that company fhall or ought to enjoy in
reſpect of their fhares in the faid capital ftock; and that all and
every fuch proprietor and proprietors, from the time or reſpec-
tive times of his, her or their agreeing, by contract, fubfcrip-
tion or otherwiſe, to accept ſuch ſtock in lieu and fatisfaction
of his, her or their annuities, debts or other incumbrances be-
fore mentioned, fhall have credit in the books of the fame com-
pany for his, her or their proportion or fhare of and in the
whole capital or joint ſtock of the fame corporation increaſed
and to be increafed as aforefaid, and of and in all dividends,
profits and advantages whatſoever to attend the fame.
the company
whilst the
books are to
XXIII. And be it further enacted by the authority aforefaid, Proprietors
That all and every proprietor and proprietors of the above men- may fubfcribe,
tioned annuities and debts, or any of them, his, her and their
executors, adminiftrators, fucceffors and affigns refpectively fhall be kept open,
VOL. XIV.
M
have
}
162
[1719.
Anno fexto GEORGII I. C.4.
on the terms
of the act.
have liberty by themſelves refpectively, or by ſuch perſon or per-
fons as they reſpectively thall think fit to employ in this behalf,
during fuch time or times as the faid fubfcription-books fhall be
kept open, to ſubſcribe or write his, her or their annuity or an-
nuities, debt or debts, or any of them, in fuch of the faid
books as fhall be proper for that purpoſe, at fuch reſpective rates
and prices, and upon ſuch ſeveral and refpective terms and con-
Executors,&c. ditions, as are before in this act prefcribed concerning the fame
may fubfcribe. refpectively; and that all executors, adminiftrators, guardians
Perſons who
Have accepted
fhares in the
capital ſtock,
muft deliver
up their orders
and tickets.
and truſtees fhall have like liberty and power to make or
caufe to be made the faid fubfcriptions and acceptance of money
or ftock, for and on the behalf of their refpective teftators, in-
teftates, or of infants, minors, femes covert, ceftui que trufts
or others for whom they are or fhall be reſpectively intruſted,
and are and ſhall be, by virtue of this act, indemnified in and
for doing the fame; nevertheleſs the ſhare or intereſt which ſuch
executors, adminiftrators, guardians and truſtees refpectively
fhall, by virtue of fuch fubfcriptions as aforefaid, have or be
entitled to in the capital or joint ſtock of the fame company in-
creaſed and to be increaſed as aforefaid, fhall be ſubject and
liable to the like uſes, trufts and purpoſes, as the fame annuities
and debts were or would have been liable, had not the ſame
been taken in as aforeſaid.
XXIV. Provided always, and be it enacted by the authority
aforefaid, That all and every perfon and perfons or corporations,
who thall be paid or fatisfied for his, her or their annuities,
debts or incumbrances in money, or by acceptance of any fhare
or ſhares in the faid capital ftock, or otherwife, at the refpec-
tive rates and prices by this act intended concerning the fame,
fhall at the fame time deliver or cauſe to be delivered up to fuch
perſon or perfons, or fuch or fo many of them, as the faid
commiflioners of the treafury, or any three or more of them,
or the high treaſurer for the time being, thall in this behalf ap-
point, all the orders and tickets whereby fuch proprietors re-
ſpectively were entitled to fuch annuities, debts or incumbrances,
or any of them, whether the fame be any of the ſtanding or-
ders which were made forth and figned by any lord treaſurer of
commiflioners of the treaſury for the time being, for payment
of fuch of the faid annuities, or for payment of any principal
fums with intereft for the fame, as were made payable at the
receipt of the exchequer, or be any of the ſtanding orders which
were made forth and figned as aforefaid for payment of ſuch an-
nuities or principal fums with intereft, as were made payable in
any of the particular offices, commonly called the lottery-offices,
or be any of the pay-tickets which were made forth by the faid lot
tery act of the year one thoufand feven hundred and ten, and
were not ſubſcribed into the capital ſtock of the ſaid South-Sea
company, purſuant to a ſubſequent act in that behalf, or by any
of the fortunate tickets drawn on the faid two lottery acts of the
fifth year of his Majefty's reign, or either of them, which ſhall
firit have been chequed, proved and attefted as aforefaid.
XXV. Prof
1719.]
163
Anno fexto GEORGII I. C. 4.
:
&c. that or-
XXV. Provided always, That if any of the proprietors of On affidavit,
any the faid orders or tickets fo to be delivered up (not being a ders, &c. have
Quaker) ſhall make oath by an affidavit in writing, or (being a been loft, fuch
Quaker) fhall make a folemn affirmation in writing, that any the affidavit to be
faid orders or tickets are loft, burnt or deſtroyed, and that he, taken inſtead
the or they, for that caufe, cannot produce the fame, and that of the orders.
fuch orders or tickets, if they could be produced, would be his,
her or their own property at the time of making fuch oath or
affirmation, and if the faid perfons to be appointed for taking
in the faid orders and tickets, or any two or more of them (who
have hereby power to take fuch oaths and affirmations refpective-
ly, and to examine the parties concerning the fame) fhall be fa-
tisfied in the truth thereof, then and in every ſuch caſe, the ſaid
perfons to be appointed for taking in the orders and tickets, or
any two or more of them, have hereby power to take in the
faid affidavits or affirmations inftead of the orders or tickets to
which they fhall have relation; any thing herein contained to
the contrary notwithstanding.
to the exche-
quer.
XXVI. And it is hereby further enacted by the authority a- The orders,
forefaid, That the perfon or perfons to be appointed for taking &c. to be de-
in the faid orders and tickets, as aforefaid, fhall from time to livered with
time, as foon as conveniently may be, after any of them, or lifts figned in-
any fuch affidavits or affirmations inſtead of any of them, ſhall be
taken in, deliver the faid orders and tickets, affidavits and affir-
mations ſo taken in, with exact lifts thereof (the ſaid lifts to be
figned by the faid perfons fo to be appointed, or by two or more
of them) into the office of the auditor of the receipt of the
exchequer for the time being, there to remain for ever: and
that no payments or iffues upon any the orders, tickets, affida-
vits or affirmations fo delivered up, fhall afterwards be made
at the faid receipt of the exchequer, or in any the faid particu-
lar offices, unleſs it be for fuch arrearages of the faid annuities
or intereſt-monies, for payment of which ſpecial provifion is
afterwards made in and by this act; and that the particular du-
ties, revenues, funds and proviſions, charged with the payment And the funds
of the annuities and debts which were payable by the faid orders, fhall be dif-
tickets, oaths and affirmations fo delivered up, or any of them, charged there-
fhall from thenceforth be diſcharged of and from the fame, ex-
cept as to the payment of the faid arrearages touching which
ſpecial provifion is afterwards made in and by this act.
from.
annuities, &c.
XXVII. And be it further enacted by the authority aforefaid, Managers to
That the above mentioned managers and directors to be confti- adjust and
tuted in purſuance of this act, or any three or more of them, fign diftinct
ſhall from time to time, as foon as conveniently may be, after accounts of
opening the reſpective books by them to be opened, as afore- taken in or
faid, until the faid firſt day of March one thouſand feven hun- paid off, with-
dred and twenty one, make up, adjuſt and ſign diſtinct accounts in the time of
of all the annuities and debts which fhall have been taken in or
paid off within the time of every fuch account fucceffively; that
is to ſay, one account of all the annuities which within the time
of the fame account ſhall have been taken as part of the ſaid an-
nuities
M 2
fuch account.
"
164
[1719.
Anno fexto GEORGII I. c. 4.
nuities computed to amount to fix hundred fixty fix thouſand
eight hundred twenty one pounds eight fhillings and three pence
halfpenny per annum, or thereabouts; one other account of all the
annuities which within the time of the fame account ſhall have
been taken in as part of the faid annuities computed to amount
to eighty one thousand pounds per annum or thereabouts; one
other account of all the faid heretofore unfubfcribed lottery an-
nuities which within the time of the fame account fhall have
been taken in as part of the faid annuities computed to amount-
to forty fix thouſand two hundred and fixty pounds fix fhillings
and one penny per annum, or thereabouts; one other account of
all the principal fums which within the time of every ſuch ac-
count fhall have been taken in by purchaſe or ſubſcriptions, to
be paid off as part of the above mentioned fums computed to
amount to five hundred fixty three thouſand three hundred
pounds, carrying intereft at four pounds per centum per annum,
by virtue of her Majefty's letters patents before mentioned; one
other account of all the principal fums which within the time
of every ſuch account fhall have been taken in by purchaſe or
fubfcriptions, or paid off as part of the above mentioned fums
computed to amount to one million fifty five thouſand nine hun-
dred and ninety pounds, or thereabouts, carrying intereſt at
five pounds per centum per annum; and fix hundred fifty two
thousand and twenty pounds, or thereabouts, carrying intereſt
after the rate of four pounds per centum per annum, by virtue of
the faid acts of the twelfth year of the reign of Queen Anne,
and the first year of his now Majefty's reign; one other account
of all the principal fums which within the time of every fuch ac-
count fhall have been taken in by purchaſe or fubfcriptions, or paid
off as part of the above mentioned fum of five hundred thouſand
pounds payable with intereft at four pounds per centum per an-
num, by one of the ſaid lottery acts of the fifth year of his Ma-
jefty's reign; and one other account of all the principal fums
which within the time of every fuch account fhall have been
taken in by purchaſe or fubfcription, or paid off as part of the
above mentioned furn computed to amount to ten millions ſeven
hundred twenty three thouſand fix hundred ſeventy pounds eleven
fhillings and three pence three farthings, or thereabouts, for which
annuities are now payable by the caſhier of the bank of England,
at the rate of five pounds per centum per annum; or as part of
the above mentioned fum computed to amount to three millions
fifty one thouſand five hundred and one pounds fifteen fhillings
and nine pence halfpenny, or thereabouts, for which annuities
are now payable by the fame caſhier, at the rate of four pounds
per centum per annum : and that in every fuch account ſo to be
made and adjuſted, from time to time, there fhall be particular-
ly expreffed every annuity or debt reſpectively taken in or paid
off, as aforefaid; the names of the refpective proprietors, from
whom the fame fhall have been taken in or paid off; the parti-
cular duties, revenues, funds and provifions, which were feve-
rally charged therewith; the prices or rates paid to each proprie-
6
tor
1719.]
165
Anno fexto GEORGII I. C. 4.
tor for the fame, and the additions which the faid South-Sea com-
pany is to have to their own capital ſtock and annuity, or year-
ly fund for taking in, or paying off thofe annuities and debts
reſpectively, according to the tenor and true meaning of this
act.
tranfmit du-
company, &c.
XXVIII. And it is hereby enacted, That the ſaid managers Managers to
and directors, to be conftituted in purfuance of this act, as a-
plicates of
forefaid, or any three or more of them, fhall from time to time, fuch accounts
upon their making up, adjuſting and figning the ſaid ſeveral ac- to the treafu-
counts, as aforesaid, tranfmit or caufe to be tranſmitted dupli- ry, and to the
directors of
cates thereof, attefted by them, or any three or more of them, the South-Sea
to the commiffioners of the treafury, or the high treaſurer for
the time being, and to the court of directors of the South-Sea
company for the time being, and duplicates of ſo much thereof
as concerned any of the faid annuities or debts, which were
payable at the faid receipt of the exchequer, to the auditor of
the faid receipt for the time being; and duplicates of fo much
thereof as concerned any of the ſaid annuities or debts which
were payable at the lottery-offices, to fuch perfons as the com-
miffioners of the treaſury, or any three or more of them, or the
high treaſurer for the time being, ſhall appoint; and duplicates
of fo much thereof as may relate to the principal fums, for
which annuities are payable at the reſpective rates aforeíaid, by
the caſhier of the bank of England, to the accountant general
of the governor and company of the bank of England for the
time being.
1721. or after
the annuities
XXIX. And be it further enacted by the authority aforefaid, After 1 March
That the faid managers and directors, to be conſtituted in pur- 12anies
fuance of this act, or any three or more of them, fhall with all be taken in or
convenient ſpeed, after the faid firſt day of March one thouſand paid off, ma-
ſeven hundred and twenty one, or after all the faid annuities nagers to
and debts ſhall be taken in or paid off, as aforefaid (which fhall tranſmit a
firſt happen) deliver or caufe to be delivered, complete dupli- complete du-
plicate of the
cates of all the fubfcriptions and entries which ſhall be contain- whole into the
ed in all the faid books to be opened and kept by them, fuch exchequer,
complete duplicates being firft attefted under the hands of three
or more of the faid managers and directors, to the auditor of
the receipt of the exchequer for the time being, to remain in his
office for ever; and the ſaid managers and directors, or any three and the ſub-
or more of them, fhall alſo with all convenient ſpeed, after the fcription-
faid firſt day of March one thouſand ſeven hundred and twenty South Sea
one, or after all the faid annuities and debts fhall be taken in company,
or paid off, as aforefaid (which ſhall firſt happen) deliver or
caufe to be delivered the faid books containing all the fubfcrip-
tions and entries, which then or before that time fhall have been
made therein (fuch books being firft attefted under the hands of
three or more of the fame managers and directors) to the court
of directors of the South-Sea company, for the uſe of the fame
company.
XXX. And whereas the prefent capital or joint stock of the faid
governor and company of merchants of Great Britain trading to the
น
M 3
South
books to the
166
[1719.
Anno fexto GEORGII I. c. 4.
!
South-Seas and other parts of America, and for encouraging the
fishery, doth amount in the whole to eleven millions feven hundred
forty fix thouſand eight hundred forty four pounds eight fhillings and
ten pence, or thereabouts; and their prefent annuity or yearly fund,
payable in respect thereof, at the rate of five pounds per centum per
annum, doth amount in the whole, to five hundred eighty Seven thou-
fand three hundred forty two pounds four fillings and five pence per
The values, to annum, or thereabouts: now it is hereby further enacted by the
be computed authority aforefaid, That the values to be computed at the faid
at the rate of rate of twenty years purchaſe for fuch of the faid annuities by
20 years pure this act computed to amount to fix hundred fixty fix thouſand
purchaſe, and eight hundred twenty one pounds eight thillings and three pence
cent. per cent. halfpenny per annum, or thereabouts, as fhall be taken in, from
time to time, by purchaſes or ſubſcriptions, as aforefaid; and the
in or paid off, values to be computed after the ſaid rate of fourteen years pur-
fhall be added chaſe for ſuch of the faid annuities, by this act computed to a-
to the capital mount to eighty one thouſand pounds per annum, or thereabouts,
stock, &c. as fhall from time to time be taken in by purchaſes or fubfcrip-
chafe, 14 years
as the fame
fhall be taken
tions, as aforefaid; and the values to be computed at the like
rate of fourteen years purchaſe for fuch of the faid lottery-
annuities, by this act computed to amount to forty fix thou-
fand two hundred and fixty pounds fix fhillings and one penny
per annum, or thereabouts, as fhall from time to time be like-
wife taken in by purchaſes or fubfcriptions, as aforefaid; and
the values to be computed after the faid rate of one hundred
pounds for every one hundred pounds of the faid redeemable
debts and incumbrances, by this act computed to amount to fix-
teen millions five hundred forty fix thouſand four hundred eighty
two pounds ſeven fhillings and one penny farthing, or there-
abouts, which fhall from time to time, as the ſaid ſeveral an-
nuities, debts and incumbrances refpectively fhall be taken in
or paid off, and as the faid refpective values fhall be ſpecified in
the entries which fhall have been made in the faid books of the
faid managers and directors, to be appointed in purſuance of
this act, fhall be added and united to the prefent capital or joint
ſtock of the fame governor and company; and that every mem-
ber of that corporation (as well thofe to be incorporated into the
fame by virtue of this act, as all other members thereof) fhall
have credit in the books of the fame corporation for his, her
or their proportion or ſhare of and in the whole capital or joint
ftock of the fame corporation fo increaſed, from time to time,
and of and in all the dividends, profits and advantages whatfo-
ever, to attend the fame, from and after their being taken into
the faid capital ſtock; and that the fame governor and compa-
pany for every ny, and thir fucceffors, for every addition which fhall be made
to their faid capital ftock, purſuant to this act (except the addi-
tions which are to be made thereunto in refpect of the fums be-
fore in this act computed to amount to three millions fifty one
their annuity thouſand five hundred and one pounds fifteen fhillings and nine
of 51. per cent.
except the ad- pence halfpenny, and one million feven hundred and fifteen
ditions at 1. thouſand three hundred and twenty pounds, in all to four mil-
And the com
addition to
their capital
ſhall have an
addition to
per cent.
lions
1719.]
167
Anno fexto GEORGII I. c. 4.
!
Kons feven hundred fixty fix thouſand eight hundred twenty
one pounds fifteen fhillings and nine pence halfpenny, or there-
abouts, for which annuities or intereft after the rate of four
pounds per centum per annum are now payable, as is above men- Intereſt to be
tioned) fhall have, receive and enjoy, and be entitled by virtue at 51. per
cent. till 24
of this act, to have, receive and enjoy an addition and additions June 1727.and
to their faid annuity or yearly fund, after the rate of five pounds after at 41.
per centum per annum, until and for the feaſt of the nativity of per cent.
St. John Baptift which fhall be in the year of our Lord one thou-
fand feven hundred and twenty ſeven, and from thenceforth after
the rate of four pounds per centum per annum, till redemption by
parliament, according to the tenor and true meaning of this pre-
fent act (it being intended that from and after the faid feaft of
the nativity of St. John Baptift one thouſand ſeven hundred and
twenty feven, the faid rate of five pounds per centum per annum
fhall be certainly and actually reduced to the ſaid rate of four
pounds per centum per annum, until ſuch redemption;} and for
every addition which fhall be made to their capital ſtock, pur-
fuant to this act, for or in refpect of the faid fums computed to
amount in the whole to the faid fum of four millions feven hun-
dred fixty fix thouſand eight hundred twenty one pounds fifteen
fhillings and nine pence halfpenny, or thereabouts, the ſame
governor and company, and their fucceffors, fhall have, receive
and enjoy, and be intitled by virtue of this act to have, receive
and enjoy an addition and additions to their faid annuity or
yearly fund after the rate of four pounds per centum per annum,
until and for the faid feaft of the nativity of St. John Baptiſt,
which ſhall be in the year of our Lord one thouſand ſeven hun-
dred and twenty feven, and from thenceforth after the ſame rate
of four pounds per centum per annum, until redemption by par-
liament as aforefaid.
ditions ſhall
commence.
XXXI. And be it further enacted by the authority aforefaid, When the ad-
That the addition and additions to be made to the prefent an-
nuity of the faid governor and company of merchants of Great
Britain, for or in refpect of the annuities, debts and incum-
brances, which fhall be taken in, or paid off by them in pur-
fuance of this act, fhall commence from the quarterly feaſt day,
or half-yearly feaft-day, on which the annuities or intereft-mo-
ney, for or in refpect of fuch annuities, debts and incumbran-
ces, fo taken in or paid off, are payable, and which ſhall laſt pre-
cede fuch payment or fubfcription thereof refpectively, except the
additions to be made for taking in the faid lottery annuities of the
year one thouſand feven hundred and ten, for which the propor-
tional annuity of the fame company is to commence from Michael-
mas one thouſand ſeven hundred and nineteen, as aforefaid.
Treaſury on
XXXII. And it is hereby enacted, That the faid commif- receiving the
fioners of the treafury, or any three or more of them, or the duplicates,
high treaſurer for the time being, from time to time, as he or mine the
they ſhall receive the faid accounts or duplicates thereof from faid additions
the faid managers and directors to be conftituted by virtue of to the compa
this act, or fuch of them, as aforefaid, fhall by an inftrument ny's capital.
or inftruments in writing under his or their hands and feals, de-
M 4
clare
fhall deter-
168
[1719
Anno fexto GEORGII I. c. 4.
Every mem-
ber, in pro-
portion to his
thares, fhall
have credit in
books.
The increaſed
annuity hall
grow due
quarterly out
of the monies
to arife by the
duties charge-
clare, ſettle and determine, not only every fuch addition ſo to
be made to the capital or joint ftock of the faid governor and
company, according to the reſpective rates or values which ſhall
have been ſpecified in the faid accounts or duplicates thereof fo
tranfmitted, but alſo the feveral additions which fhall, from time.
to time, be made to their annuity or yearly fund, in refpect of
fuch their additional ftock, as aforefaid, and likewife the times
from which the ſaid additions to be made to their annuity or yearly
fund fhall commence or have relation in point of payment, ac-
cording to the reſpective times of taking in or paying off the
faid annuities and debts refpectively, by this act directed to be
ſpecified in the fame accounts or duplicates, as aforefaid, and
according to the purport and true meaning of this act; and
that every member of the fame corporation (as well thofe to be
incorporated into the fame by virtue of this act, as all other
members thereof) in proportion to their respective ſhares in the
capital ſtock ſo increaſed, fhall have credit in the books of the
the company's fame corporation, for his, her, or their ſhare or proportion of
and in the whole capital ſtock ſo increaſed from time to time.
XXXIII. And be it further enacted by the authority afore-
faid, That the faid annuity or yearly fund now payable to the
fame governor and company after the rate of five pounds per
centum per annum, from the time to which it was laſt paid at the
exchequer, until and for the faid feaft of the nativity of St. John
Baptift which fhall be in the year of our Lord one thouſand
feven hundred and twenty feven, and from thenceforth at the
faid rate of four pounds per centum per annum, until redemption
by parliament, according to this act, fhall grow and be account-
ed due quarterly, as the fame now is, at the four moſt uſual
feafts in the year, by equal portions (nevertheleſs to be fatisfied
by weekly or other payments, as is herein after mentioned) to
the fame governor and company, and their fucceffors, out of
the monies arifen and to arife into the faid exchequer, of or for
the particular duties, revenues, funds, and other provifions now
charged or chargeable with the fame annuity or yearly fund, now
payable after the faid rate of five pounds per centum per annum,
or appropriated for payment thereof by any act or acts of parlia-
ment now in force; and that the feveral additions to be made
to the fame annuity or yearly fund of the fame governor and
company by virtue of this act, as fast as the fame additions re-
ſpectively fhall be fettled and determined, as aforefaid, fhall be
computed and paid from the reſpective commencements thereof
according to this act, and fhall grow and be accounted due to
them and their fucceffors quarterly, at the four moſt uſual feaſts
aforefaid, by equal portions, at the feveral rates by this act pre-
ſcribed, until and for the faid feaſt of the nativity of St. John
Baptist one thouſand ſeven hundred twenty feven; and from and
after the fame feaſt-day at the faid rate of four pounds per centum
per annum, until redemption by parliament, according to this
act (nevertheleſs to be fatisfied by weekly or other payments, as
is herein after mentioned;) and all and every the fame addi-
able there-
with.
tional
1719.]
Anno fexto GEORGII I. c.4.
169
tional annuities or yearly funds fhall be charged and chargeable
upon, and be paid and payable out of the monies ariſen or to
ariſe at the ſaid receipt of exchequer, of or for the particular du-
ties, revenues, funds, and other provifions refpectively, which
were charged with payment of the refpective annuities or debts
ſo taken in or paid off, as aforefaid, or were appropriated for
payment thereof; and in cafe the faid particular duties or reve- The tempo-
nues, or any of them, are temporary, or were impofed only rary duties
for a term or terms of years, which may end or determine be- continued for
fore the redemption of the additional annuity or annuities in-
tended to be charged thereupon by virtue of this act, then and
in all and every fuch cafe and cafes every fuch additional annui-,
ty, until the redemption thereof by parliament, according to this
act fhall be charged upon, and be payable out of the fame
or the like particular duties and revenues by this act continued
and granted to his Majefty, his heirs and fucceffors for ever,
which are hereby declared to be a further fecurity for payment
of the fame,
ever.
made to the
company's
XXXIV. And whereas the faid governor and company of mer-
chants of Great Britain, are already entitled, by virtue of former
acts of parliament in that behalf, to feveral yearly fums, amounting
to nine thousand three hundred ninety Seven pounds nine fillings and
fix pence per annum, for charges of management, and it is intended
that they, and their fucceffors, fhall have a further allowance for
charges of management of Jo much as it now cofts the publick for the
annual charge of paying, affigning, and accounting for the annuities
and debts by this act intended to be taken in or paid-off, or ſo much
of them as ſhall be actually taken in or paid off, purſuant to this act:
be it therefore enacted by the authority aforefaid, That the faid A propor-
commiffioners of the treafury, or any three or more of them, tional addi-
or the high treaſurer for the time being, fhall with all convenient tion to be
ſpeed cauſe an account or eſtimate to be taken and made up of
the whole annual coft to the publick, of paying, affigning, and prefent allow
accounting for all the annuities and debts of what kind foever, ance for
computed or ſpecified in this act, as aforefaid, (whether they charges of
ſhall or ſhall not be all taken in or paid off) and upon
upon his management,
their receiving the above mentioned accounts, or duplicates there-
of, from the ſaid managers and directors to be conſtituted in
purſuance of this act, from time to time, fhall compute and al-
low, and cauſe to be computed and allowed to the fame governor
and company, a proportion of the ſaid cofts for the annuities
and debts then appearing to be actually taken in or paid off;
that is to ſay, as the fum of eleven millions feven hundred forty
fix thouſand eight hundred forty four pounds eight fhillings and
ten pence (being their prefent capital ſtock) is to the ſaid yearly
fum of nine thouſand three hundred ninety ſeven pounds nine
fhillings and fix pence, (being their prefent allowance for ma-
nagement) fo the ftock which they are to have for the annuities
and debts by every fuch account or duplicate thereof, appearing
to be taken in or paid off, fhall be to the proportional fum which
hall be allowed to the fame corporation towards their charges,
his or
fo
170
₤1719.
Anno fexto GEORGII I. C.4.
The 9399 1.
9s.
6 d. per
annum, and
further fums
for charges,
to be paid to
the company
as their pre-
ſent annuities,
&c. are pay-
able till re-
deemed.
All the duties
&c. to be
fo as all the proportional fums laſt mentioned do not exceed the
whole of one year's coſt for paying, affigning, and accounting
for all the annuities and debts before mentioned; and the pro-
portional fums fo to be allowed, ſhall from time to time be ſpe-
cified in the faid refpective inftruments, under the hands and
feals of the faid commiffioners of the treaſury, or any three
or more of them, or the high treaſurer for the time being, and
fhall reſpectively commence from the reſpective time or times at
which the to be increaſed annuity and annuities to the fame go-
vernor and company, or the proportional parts thereof, fhall
commence in purſuance of this act.
XXXV. And it is hereby enacted, That the faid fums a-
mounting to nine thouſand three hundred ninety ſeven pounds
nine fhillings and fix pence per annum, and fuch further fums
for charges of management (when and as they fhall be added
thereunto) fhall from time to time be paid and payable to the
faid governor and company of merchants of Great Britain, and
their fucceffors, at fuch times, and in fuch manner and form as
their preſent annuity or yearly fund, and the ſaid additions to
be made thereunto, as aforefaid, are by this act appointed to be
paid and payable, till the fame annuities and yearly funds fhall
be redeemed according to this act; and that as well the faid
fums amounting to nine thousand three hundred ninety feven
pounds nine fhillings and fix pence per annum, as the faid fur-
ther fums to be allowed for charges of management, ſhall be
charged upon and payable out of the particular duties, revenues
and incomes by this act charged or intended to be charged to and
with the payment of the faid preſent annuity or yearly fund of
the fame governor and company, and of the faid feveral addi-
tions to be made thereunto, as aforefaid; any thing in this or
any former act or acts of parliament contained to the contrary
notwithstanding.
XXXVI. And for better fecuring to the faid governor and
and revenues company of merchants of Great Britain, and their fucceffors,
charged with all the payments intended to be made to them, by virtue or in
the company's
yearly fund, purfuance of this act: be it further enacted by the authority a-
forefaid, That all and every the above mentioned duties and
brought into revenues whatſoever by this act charged or intended to be charg-
the exchequer, ed to or with the payment of the annuity or yearly fund of the
fame governor and company, and the additions to be made there-
unto, as aforefaid, and to or with the payment of the ſaid year-
ly ſum of nine thouſand three hundred ninety feven pounds nine
fhillings and fix pence, and the additions for charges of ma-
nagement to be made thereunto, as aforefaid, (whether the fame
duties or revenues, or any of them, be fuch as were granted in
perpetuity by any former act or acts of parliament, or be con-
tinued in perpetuity by virtue of this act) fhall from time to
time be raiſed, levied and collected, and all the monies ariſing
thereby (except the neceffary charges of raifing, collecting, le-
according to
the directions vying and paying the fame into the exchequer in England) thall
of the former from time to time be brought and paid into the fame exchequer
acts,
by
1719]
171
Anno fexto GEORGII I. c. 4.
by and according to the rules, methods and directions, and
with fuch drawbacks, repayments and allowances, and under
fuch penalties, forfeitures and diſabilities, as are preſcribed by
the faid former act or acts of parliament refpectively, or refer-
red unto by this act, for raifing, levying, collecting or bringing
in the fame, as fully and effectually, as if the fame rules, me-
thods, directions, drawbacks, repayments, allowances, penal-
ties, forfeitures and diſabilities, and every of them, were in and
by this act particularly repeated and re-enacted; and that all the
monies which ſhall be ſo brought into the ſaid receipt, from to be entred
time to time, of or for the ſaid duties and revenues refpectively, in books of
fhall be fairly and diſtinctly entred and regiftred in one or more the auditor of
the receipt
book or books to be kept in the offices of the auditor of the faid and clerk of
receipt, and clerk of the pells feverally for that purpofe, to which the pells.
all perfons concerned at all ſeaſonable times ſhall have free acceſs
without fee or charge.
XXXVII. And it is hereby alfo enacted, That the faid audi- One other
tor of the receipt and clerk of the pells for the time being fhall book to enter
feverally keep one other book, in which fhall be entred diftinct- diftinctly fo
much of the
ly and feparately fo much or fuch proportions of the faid mo- monies as
nies fo coming from time to time into the faid receipt of exche- ought to be
quer, as by the tenor and true meaning of this act ſhall be ap- applied to the
plicable or ought to be applied for or towards the payment of company's
yearly fund
the faid preſent annuity or yearly fund of the fame governor and and the addi-
company, and the additions to be made thereunto as aforefaid, tions to be
at the respective rates before-mentioned, and for or towards the made thereto,
payment of their faid yearly fum of nine thoufand three hundred and for
ninety ſeven pounds nine thillings and fix pence for charges of
management, and the additions to be made thereunto as afore-
faid, until fuch redemption as aforefaid; which monies for that
purpoſe ſhall be kept apart from all other monies whatfoever
payable into the ſaid receipt.
charges of
management.
that uſe.
XXXVIII. And it is hereby alſo enacted and declared by the The monies
authority aforeſaid, That all the monies which ſhall or ought to to be kept a-
be ſo ſeparated and kept apart for the faid purpoſes in this act ex- part and ap-
preffed, fhall be and are hereby appropriated, and fhall from propriated for
time to time be iſſued and applied to and for the payment and
fatisfaction of fuch fum and fums of money as, according to the
tenor and true meaning of this act, fhall from time to time be
due or payable to the faid governor and company of merchants
of Great Britain, or their fucceffors (fubject nevertheleſs to fuch
reduction and redemption, as are in and by this act preſcribed
touching the fame) and to none other uſe, intent or purpoſe
whatſoever; and that the refpective officers in the exchequer,
who fhall make any wilful delay in iffuing or paying the fame, Penalty on of-
or ſhall be guilty of diverting or mifapplying any of the faid mo- ficers of the
nies contrary to this act, for any fuch offence fhall be forejudg- exchequer
ed of their reſpective offices or places, and be rendred incapable the money.
mifapplying
to ſerve his Majefty, his heirs or fucceffors, in any office or im-
ployment of truft or profit whatfoever, and fhall alfo be liable.
to pay double the value of any fum or fums of money fo wilful-
ly
172
[1719.
Anno fexto GEORGII I. c.4.
Orders to be
figned by the
treaſury for
making pay-
ments to the
company.
Weekly iffues
to be made at
the exche-
quer.
Deficiency to
be made good
out of the
overplus in
any fuble-
ly delayed to be paid, or fo diverted or miſapplied as aforefaid,
to the ſaid governor and company of merchants of Great Britain,
and their fucceffors, to be recovered by action of debt or on the
cafe, bill, fuit or information in any of his Majefty's courts of
record in Westminster, wherein no effoin, protection, wager of
law, or more than one imparlance ſhall be granted or allowed.
XXXIX. And for the better and more regular payment of all
the monies intended by this act to be paid to the faid governor
and company of merchants of Great Britain, and their fuccef-
fors, at the different rates and in fuch manner as aforeſaid, (ſub-
ject nevertheleſs to ſuch reduction and redemption as are by this
act provided concerning the fame) an order or orders fhall from
time to time be made forth and ſigned by the commiffioners of
the treaſury, or any three or more of them, or by the high
treaſurer for the time being; and after figning thereof the fame
fhall be good, firm, valid and effectual in the law, according
to the purport and true meaning thereof and of this act, and
ſhall not be determinable by or upon the death or removal of
any commiffioner or commiffioners of the treaſury, or high
treaſurer for the time being, or by or upon the death or deter-
mination of the power, office or offices of them or any of them
nor fhall any commiffioners of the treafury, high treaſurer or
under treaſurer for the time being have power to revoke, coun-
termand or make void fuch order or orders fo made forth and
figned as aforefaid.
XL. And for the more ſpeedy payment of the monies which
ſhall be due and payable to the fame governor and company, or
their fucceffors thereupon: it is hereby further enacted and de-
clared by the authority aforefaid, That weekly or otherwife, as
the monies appointed or intended by this act to be applied for
or towards the faid payments to grow due to them as aforefaid,
fhall from time to time be brought into the receipt of the ex-
chequer, and ſhall or ought to be fet apart for that purpoſe as
aforefaid, fuch monies fhall and may, from time to time, be
iffued upon ſuch order or orders for or towards diſcharging the
faid annuity or yearly fund of the fame governor and company,
and the ſaid additions to be made thereunto; and for or to-
wards the payment of the faid yearly fum of nine thousand three
hundred ninety ſeven pounds nine fhillings and ſix pence; and
the ſaid further allowances for charges of management to grow
due at the end of that quarter of a year in which fuch iffues or
payments ſhall be made; fo as fuch weekly or other payments
do not exceed the fums which fhall grow due for or at the end
of fuch quarter respectively.
XLI. And be it further enacted by the authority aforefaid,
That if at any time or times the monies which fhall be brought
into the exchequer, and be fet apart as aforefaid, for making
the payments by this act appointed and intended to be made to
quent quarter. the faid governor and company of merchants of Great Britain,
and their fucceffors as aforefaid (which monies are by this act
appropriated for or towards that ufe and purpoſe) fhall not be
fufficient
1719.]
173
Anno fexto GEORGII I. c.4.
i
fufficient to pay and difcharge or compleat the payment at the
end of any quarter of a year of all the monies which shall be
then due for or upon their faid preſent annuity or yearly fund,
and the faid additions to be made thereunto, and for or upon
the faid yearly fum of nine thouſand three hundred ninety ſeven
pounds nine fhillings and fix pence for charges of management,
and the additions to be made to the fame as aforefaid, then and
fo often and in every ſuch caſe, the deficiency of any fuch quar-
ter ſhall and may be fupplied out of the overplus monies to a-
rife and to be ſet apart as aforefaid in any ſubſequent quarter.
X
XLII. Provided always, and it is hereby enacted by the au- Annuities not
thority aforefaid, That fuch of the faid annuities and debts as taken in fhall
ſhall not be taken in by purchaſe or fubfcription, or be paid off continue to be
paid at the
by or in purſuance of this act, and the intereſt-monies payable former offices,
for the fame debts, ſhall ſeverally continue to be paid and ſhall
be payable to the refpective proprietors thereof, their executors,
adminiſtrators, fucceffors and affigns, at the fame reſpective of-
fices and places, and out of the fame duties, revenues and in-
comes, and at fuch time and times, and ſhall be affignable, trans-
ferrable and diſpoſeable in the fame manner and form as thoſe
annuities and debts, or the intereft of ſuch debts, are now pay-
able, affignable, transferrable or difpofeable by the refpective and fhall be
acts or ſtatutes now in force concerning the fame, and as if this transferrable,
preſent act had never been made: and that this act, or any &c. as if this
clauſe, matter or thing therein contained, ſhall not extend or
be conſtrued to interrupt, delay or prejudice, at any time before
or after the ſaid first day of March one thouſand ſeven hundred
and twenty one, the receiving, affigning, transferring or difpof-
ing the faid annuities or debts, or the intereſt of ſuch debts not
taken in or paid off by virtue of this act as aforefaid, in any
manner of wife; any thing herein contained to the contrary not-
withſtanding (except as is herein before otherwife provided and
directed, relating to the ftopping or delaying the affigning and
transferring the annuities or fhares in ftock for the fame, now
transferrable at the publick office of the bank of England).
act had not
been made,
paid their ar-
XLIII. And as to fuch of the above-mentioned annuities and Annuities
debts at intereſt, as at any time or times before the ſaid firſt day taken in be-
of March one thouſand ſeven hundred twenty one fhall actually forex March
be taken in by purchaſe or ſubſcription, or be paid off by or in 1721, to be
purſuance of this act or any of the claufes therein contained; it rears to the
is hereby further provided and enacted by the authority afore- days of taking
faid, That the refpective proprietors thereof, their executors, in.
adminiftrators, fucceffors and affigns, at the fame reſpective of-
fices and places, and out of the fame.duties, revenues and in-
comes as are now feverally charged with the payment of the ſaid
annuities and debts refpectively, fhall be fatisfied and paid all
the arrearages of the faid annuities and intereſt-monies (the ar-
rearages on the faid lottery-annuities for the year one thouſand Exception;
feven hundred and ten only excepted) until and for the quarter-
ly feaft-day or half-yearly feaft-day on which fuch annuity or in-
tereft-money reſpectively were payable, and which ſhall laſt pre-
cede
174
[1719%
Anno fexto GEORGII I. C. 4.
Managers to
certify the
times of tak-
!
cede the days and times of taking in the faid annuities and
debts reſpectively, or paying them off purſuant to this act. And
to the end the days or times of taking in or paying off as afore-
faid the principal monies for which the faid annuities or intereſt-
monies were payable, may certainly be known, and for pre-
venting frauds relating thereunto, the faid managers and direc-
tors to be conftituted by virtue of this act as aforefaid, or three
ing in, to the or more of them, from time to time, as foon as conveniently
feveral offices. may be, after any principal fum for which any annuity or inte
reſt is now payable, fhall be actually taken in or paid off as a
forefaid, fhall certify the time of taking in or paying off the
fame, in manner following; that is to fay, fo much thereof as
imported the payment of any annuity or intereſt at the exche-
quer, fhall be fo certified to the auditor of that receipt for the
time being, fo much thereof as imported the payment of any
annuities by the faid cathier of the bank of England, or attended
ftock for the fame, fhall be certified to the accountant general
in the office of the faid bank for the time being; and fo much
thereof as imported the payment of any the faid annuities or in-
tereft-monies in any other of the particular offices now in being,
ſhall be certified to the comptrollers belonging to thoſe offices
reſpectively; which faid auditor of the receipt, accountant ge-
neral and comptrollers refpectively are hereby ftrictly enjoined
and required to take efpecial care, that after the payment of
fuch arrears no further payments be made of the annuities or in-
tereft-monies of the faid annuities or debts fo taken in or paid
off, or of any intereft-money for the fame, or that any affign-
ments or transfers be afterwards made thereof, or of any part
thereof, in their faid refpective offices, whereby the publick may
be liable to be injured by a double payment; any thing in this
or in any other act of parliament whatſoever to the contrary not-
withſtanding.
South-Sea
!
company thall
pay into the
exchequer,
towards dif
charging na
tional debts
incurred be-
Dec.
fore 25
1716,
XLIV. And whereas the corporation of the faid governor and com-
pany of merchants of Great Britain are willing, in confideration of
the liberty by this act given them of increafing their capital stock and
their annuity or yearly fund in refpect of the fame as aforefaid, by tak-
ing in or paying off all and every or any of the faid redeemable debts
and incumbrances in this act before computed to amount to fixteen mil-
lions five hundred forty fix thousand four hundred eighty two pounds
Seven Shillings and one penny farthing, or thereabouts, to pay the full
4,156,3061. 4s. and intire fum of four millions one hundred fifty fix thousand three
hundred and fix pounds four fhillings and eleven pence of good and law-
ful money of Great Britain, into the receipt of the exchequer, to be
applied towards diſcharging the principal and intereſt of fuch national
debts and incumbrances as were incurred before the twenty fifth day of
December one thousand feven hundred and fixteen, declared to be na-
tional debts, and provided for by acts of parliament: be it further
enacted by the authority aforefaid, That the fame corporation
fhall pay into the receipt of the exchequer, for the purpoſes laft-
mentioned, the faid fum of four millions one hundred fifty fix
thouſand three hundred and fix pounds four fhillings and eleven
IId.
pence,
1719.]
175
Anno fexto GEORGII I. C. 4.
1
pence, without any deduction defalcation or abatement whatſoever
for any caufe, matter or thing whatfoever; the fame to be paid by
fuch proportions and at fuch times as are herein after appointed
for payment thereof; that is to fay, one full and equal fourth part Times of pay-
thereof on or before the feaſt of the annunciation of the bleffed ment.
Virgin Mary which ſhall be in the year of our Lord one thou- 7Geo... ftat.2.
ſand ſeven hundred and twenty one; one other full and equal 9 Geo. 1. c. 6.
fourth part thereof on or before the feaſt of the nativity of Saint
John the Baptift which ſhall be in the faid year of our Lord one
thouſand ſeven hundred twenty one; one other full and equal
fourth part thereof on or before the feaſt of Saint Michael the
Archangel which ſhall be in the faid year of our Lord one thou-
fand ſeven hundred twenty one; and the remaining fourth part
of the ſaid ſum of four millions one hundred fifty fix thouſand
three hundred and fix pounds four fhillings and eleven pence,
and in full payment thereof, on or before the feaſt of the birth
of our Lord Chriſt which ſhall be in the ſaid year of our Lord
one thouſand ſeven hundred twenty one.
ſhall
XLV. And whereas the faid corporation of the governor and com- South-Sea
pany of merchants of Great Britain, in confideration of the increase company that
which, by virtue of this act, will be made as aforefaid of their capi- pay into the
tal stock and annuity or yearly fund before-mentioned, by taking in by exchequer
purchaſe or fubfcription at prices to be mutually agreed on with the four years and
a half's pur-
proprietors as aforefaid, the faid annuities for the aforeſaid remain- chafe upon
ders of the faid feveral terms of ninety fix years, eighty nine years, the long an-
ninety nine years and thirty two years, or fuch eftates and interests nuities that
therein as will compleatly make up the faid feveral remainders of the fhall be fo ac-
faid feveral terms, which shall be to come and unexpired at the refpec- in.
tually taken
tive times of taking in the fame annuities refpectively, are willing to
pay fuch further fum and fums of good and lawful money of Great Geo.1. ſtat.z.
Britain, as the annuities fo purchased, or fo many of them as ball
be actually purchaſed and taken in within the time aforesaid, fhall a-
mount unto at the rate of four years and an half's purchaſe; that is
to fay, at the rate of four hundred and fifty pounds for every fuch
annuity, amounting to one hundred pounds per annum, and propor-
tionably for any fuch greater or leffer annuities, which ſhall be taken
in for the faid remainders of the faid terms of years reſpectively;
the money fo arifing to be also applied towards the difcharging the
principal and intereft of the faid national debts and incumbrances
which were incurred before the faid twenty fifth day of December
one thousand feven hundred and fixteen: be it further enacted by
the authority aforefaid, That the fame corporation ſhall pay into
the faid receipt of the exchequer, for the purpoſe aforefaid, and
without any deduction, defalcation or abatement whatſoever,
fuch further fums of good and lawful money of Great Britain, as
the ſaid rate of four years and an half's purchafe thall amount
unto, upon all fuch of the annuities laſt mentioned as ſhall be
actually taken in by purchaſe or fubfcriptions purſuant to this
act, on or before the faid firſt day of March one thouſand feven
hundred and twenty one; the faid fums, after the ſaid rate of
four years and an half's purchaſe, to be paid into the faid ex-
chequer by four equal quarterly payments, as is herein after
men,
176
[1719.
P
Anno fexto GEORGII I. c. 4.
1
ment.
Times of pay- mentioned; that is to fay, one full and equal fourth part there-
of on or before the feaft of the annunciation of the bleſſed Virgin
Mary which ſhall be in the year of our Lord one thouſand ſeven
hundred and twenty two; one other full and equal fourth part
thereof on or before the feaſt of the nativity of St. John Baptift
which ſhall be in the faid year of our Lord one thouſand ſeven
hundred and twenty two; one other full and equal fourth part
thereof on or before the feast of St. Michael the archangel
which ſhall be in the faid year of our Lord one thouſand feven
hundred and twenty two; and the remaining full and equal
fourth part thereof on or before the feaſt of the birth of our Lord
Chrift which ſhall be in the faid year of our Lord one thouſand
ſeven hundred and twenty two, in full payment and fatisfaction
of the ſaid ſums, to be computed after the faid rate of four years
and an half's purchaſe.
fuch of the
Company to
XLVI. And whereas the faid corporation of the ſaid governor and
pay one year's company of merchants of Great Britain, to manifeft their fincere in-
purchaſe for tention of using their best endeavours to take in, by purchaſe or fub-
long annuities/criptions, and at prices to be mutually agreed upon, as aforefaid, the
as fhall not faid annuities now payable for and during the faid refiduary terms of
be taken in. ninety fix years, eighty nine years, and ninety nine years, or fuch
eftates or interefts therein as fhall compleatly make up the remainders of
the faid terms of ninety fix years, eighty-nine years, and ninety-nine
years, which shall be to come and unexpired at the refpective times of
taking in the fame, are willing to pay fuch further fum and fums of
good and lawful money of Great Britain, as the rate of one year's pur-
chafe to be computed upon fuch of the annuities last-mentioned, as fhall
not be actually purchafed and be taken in within the time limited, fhall
amount unto; that is to fay, one hundred pounds for every fuch an-
nuity, amounting to one hundred pounds per annum, and proportion-
ally for every fuch greater or lesser annuity, which shall not be fo
taken in, by purchaſe or fubfcription, within the time before limited;
the monies fo arifing to be alfo applied towards the diſcharging the
principal and intereft of the faid national debts and incumbrances
which were incurred before the faid twenty-fifth day of December
one thousand feven hundred and fixteen: be it further enacted by
the authority aforefaid, That the fame corporation ſhall pay
in-
to the faid receipt of the exchequer for the purpoſe aforeſaid, and
without any deduction, defalcation or abatement whatſoever,
fuch further fums of good and lawful money of Great Britain,
as the ſaid rate of one year's purchaſe ſhall amount unto, upon
all fuch of the annuities laft mentioned, as fhall not be actually
taken in by purchaſe or ſubſcriptions purſuant to this act, on or
before the faid firſt day of March one thouſand ſeven hundred
and twenty one; the faid fums after the faid rate of one year's
purchaſe to be paid into the faid exchequer, at fuch times and
Times of pay- by ſuch proportions as are herein after mentioned; that is to
fay, one full and equal fourth part thereof, on or before the feaſt
of the annunciation of the bleffed Virgin Mary which fhall be in
the year of our Lord one thouſand feven hundred and twenty
two; one other full and equal fourth part thereof on or before
ment.
the
1
1719.]
177
Anno fexto GEORGII I. .Č. 4.
i
the feaft of the nativity of St. John the Baptift which fhall be in
the faid year of our Lord one thouſand ſeven hundred and twen-
ty two; one other full and equal fourth part thereof on or be-
fore the feaft of St. Michael the Archangel which fhall be in the
faid year of our Lord one thouſand ſeven hundred and twenty
two; and the remaining full and equal fourth part thereof on
or before the feaft of the birth of our Lord Chrift which thall be
in the faid year of our Lord one thouſand feven hundred and
twenty two, in full payment and fatisfaction of the faid fums to
be computed after the faid rate of one year's purchaſe.
tion of debt
XLVII. And be it further enacted by the authority aforefaid, In caſe of fail.
That in cafe the faid corporation fhall make failure in payment ure of pay-
of the faid fum of four millions one hundred fifty fix thouſand ment, an ac-
three hundred and fix pounds four fhillings and eleven pence, or hall lie a-
any part thereof, or of the faid fums to be paid after the faid rate gainſt the
of four years and an half's purchaſe, or of the faid fums to be company, &c.
paid after the faid rate of one year's purchaſe, or any of them,
or any part thereof, at the reſpective times herein before limited
for payment thereof, or any of them, contrary to the true mean-
ing of this act, then and in every or any fuch cafe and cafes,
the money whereof fuch failure in payment fhall be made ſhall
and may be recovered in his Majefty's name for the purpoſe be-
fore-mentioned, by action of debt, or upon the cafe, bill, fuit
or information, in any of his Majefty's courts of record at Weft-
minster, wherein no effoin, protection, privilege or wager of law
fhall be allowed, or more than one imparlance, in which action,
bill, fuit or information, it fhall be lawful to declare that the
governor and company of merchants of Great Britain trading to
the South Seas and other parts of America, and for encouraging the
fishery, are indebted to the King's majeſty the money of which
they ſhall have made default in payment, according to the form of
this ftatute, and have not paid the fame, which fhall be fufficient';
and in or upon fuch action, bill, fuit or information, there fhall
be further recovered for the purpoſe aforefaid againſt the defen-
dants, damage after the rate of five pounds per centum per annum,
for the monies fo unpaid contrary to this act, and the faid cor-
poration and their ſtock and funds ſhall be and are hereby made
fubject and liable thereunto.
XLVIII. And for the better enabling the faid governor and
company of merchants of Great Britain, and their fucceffors, to
raiſe money to be paid, for or in part of the faid fum of four
millions one hundred fifty fix thouſand three hundred and fix
pounds four fhillings and eleven pence, or for or in part of the
faid fums to be paid after the faid rates of four years and an
half's purchaſe and one year's purchaſe reſpectively, or for pur
chafing or paying off all or any the annuities and debts to be tak-
en in or paid off in purſuance of this act, or for exchanging for
ready money the new exchequer-bills to be made forth, as here-
after in this act is mentioned, or for defraying the intereſt there-
of, or for carrying on their trade and other neceffary occafions :
be it further enacted by the authority aforefaid, That it shall and Company may
VOL. XIV.
may
N
make calls of
178
[1719.
Anno fexto GEORGII I. C. 4;
money from
their mem-
bers,
may be lawful to and for the faid governor and company of
merchants of Great Britain, and their fucceffors, from time to
time, as they fhall fee caufe, to call in or direct to be paid from
and by their reſpective members for the time being, proportion-
ably according to their reſpective interefts in the capital ſtock or
ftccks which do or fhall belong to the faid governor and com-
pany of merchants of Great Britain, and which fhall be increaſ-
or open books ed, as aforefaid, or by opening books of fubfcriptions, or by
of fubfcrip-
tion, or grant granting annuities redeemable by the fame governor and com-
annuities, &c. pany, and their fucceffors, or by any other method, ways and
Executors,&c.
to pay.
Members not
paying, their
ftock to be
stopped, &c.
means as they ſhall think proper, to raiſe any fum or fums of
money, as in a general court of the fame governor and compa-
ny ſhall from time to time be judged neceffary, and ordered to
be called in or raiſed; and that all executors, adminiſtrators,
guardians, truſtees and mortgagees, fhall be indemnified in pay-
ing, and are hereby impowered to pay in their reſpective pro-
portions of the money fo called in or raifed; and in cafe any
fuch member or members ſhall refuſe or neglect to pay his, her
or their ſhare of the ſaid money ſo called for at the time or times
appointed for that purpoſe, by notice inſerted in the London Ga-
Zette, and fixed upon the Royal Exchange in London, it ſhall and
may be lawful to and for the faid governor and company of mer-
chants of Great Britain, and their fucceffors, not only to ſtop the
fhare, dividend, annuity and profits, which fhall from time to
time become payable to ſuch member or members ſo neglecting
or refufing, of the funds, ftocks, annuities or profits of the faid
governor and company of merchants of Great Britain, and to
apply the fame, from time to time, for or towards payment of
the fhare of the money fo called for, and which ought to have
been paid by fuch member or members fo neglecting or refuſing,
until the fame ſhall be ſatisfied, but alſo to ſtop the transfers or
affignments of the ſhare and fhares of every fuch defaulter and
defaulters, and to charge fuch defaulter and defaulters with in-
tereſt, after the rate of five pounds per centum per annum, for the
money fo by him, her or them omitted to be paid, from the
time the fame was appointed to be paid until the payment there-
of; and that the fhare and ftock, fhares and ftocks of fuch de-
faulter and defaulters fhall be liable to make good and anſwer
the faid monies fo appointed to be paid, and the intereſt there-
of, as aforefaid; and in cafe the principal and intereft, as afore-
faid, fhall be unpaid by the ſpace of three months, then the faid
governor and company of merchants of Great Britain, or their
fucceffors, or their court of directors for the time being, fhall
have power to authorize fuch perfon or perfons, as they fhall
think fit, to fell, affign and transfer fo much of the ſaid ſtock or
ftocks of ſuch defaulter or defaulters as will fatisfy and pay the
fame, rendring the overplus (if any be) to the proprietor: and
the ſaid governor and company of merchants of Great Britain,
or their fucceffors, in a general court, from time to time, when
they fhall judge their affairs will admit thereof, fhall or may
caufe any fum or fums of money which fhall be fo called in, or
any
1719.]
179
Anno fexto GEORGII I. c. 4.
any part thereof, to be divided and diftributed to and amongſt
the then members of that corporation, according and in propor-
tion to their reſpective interefts in the capital ftock or ſtocks of
the fame; any former law or ftatute, reſtriction, or other mat-
ter or thing whatſoever to the contrary notwithſtanding.
XLIX. And for better enabling the faid governor and com-
pany of merchants of Great Britain, and their fucceffors, to raiſe
money to be advanced for or in part of the ſaid ſum of four mil-
lions one hundred fifty fix thoufand three hundred and fix pounds
four fhillings and eleven pence, or for or in part of the ſaid ſums
to be paid after the faid rates of four years and an half's pur-
chafe, and one year's purchaſe reſpectively, or for purchafing or
paying off all or any the annuities and debts to be taken in or
paid off, in purſuance of this act, or for exchanging the new
exchequer-bills to be made forth by this act, or to defray the
intereft thereof, or for carrying on their trade, and other necef-
fary occaſions: it is alfo hereby enacted by the authority afore-
faid, That it ſhall and may be lawful to and for the ſaid gover-
nor and company of merchants of Great Britain, and their fuc- Company may
ceffors, from time to time (in caſe they ſhall think fit) to bor- borrow money
row or take up money upon any contracts, bills, bonds or ob-
common feal,
ligations under their common feal, or upon credit of their capi- or on credit of
tal ſtock or ſtocks, to be increaſed, as aforefaid, or any part their capital
thereof, at fuch rate or rates of intereſt, for any time not lefs ftock, for any
tiine not lefs
than fix months from the borrowing thereof, as they ſhall think than fix
fit, and to give fecurity under their common feal, or by affign- months.
ing or transferring their ſtock or stocks, or any part thereof, or
otherwiſe, as fhall be to the fatisfaction of the lenders refpec-
tively.
under their
L. And be it further enacted, That all bonds or obligations All bonds, &c.
under the common feal of the ſaid company fhall charge as well the additional
fhall charge
the annuity or annual fund and additional annuities or annual fund and ef-
funds payable to the faid company by virtue of this act, as the fects of the
preſent and additional ſtocks and other effects and eftates of the company, and
be affignable
faid company for the time being; and that all fuch bonds and and recover-
obligations fhall be affignable, and the monies thereupon fhall able as former
be recoverable as effectually, and in as ample manner and form bonds.
as any their bonds taken upon any former act might be afligned,
or the money due thereupon might be recovered.
chargeable
LI. And be it enacted by the authority aforefaid, That all Securities not
fuch contracts, bills, bonds, obligations or fecurities under the with ftampt-
common feal of the faid corporation fhall not be chargeable with duties.
any the duties upon ſtampt vellom, parchment or paper; any
law or ſtatute made or to be made to the contrary notwith-
ſtanding.
be an addi-
LII. And it is hereby enacted by the authority aforefaid, That The money
fo much money as ſhall be called for by the faid governor and called in shall
company of merchants of Great Britain from their refpective tional ſtock of
members, for or towards any the purpofes before-mentioned; the company,
fhall (if the faid governor and company think proper) be and be &c.
deemed an additional ſtock of the faid governor and company,
N 2
and
180
[1719.
Anno fexto GEORGII I. C. 4.
But ſhall not
increaſe their
yearly fund.
The capital
fhall be deem-
and fhall be written into the books of the ſaid company, and
each member thereof fhall have credit in the faid books for his
or her proportion or fhare thereof; and that the members of the
faid company, who fhall have a fhare or intereft in the ſtock or
additional ſtock of the fame company, fhall or may affign and trans-
fer the fame in the books of the fame company, in fuch or the like
method, manner and form as are prefcribed by the act or acts
of parliament and charter now in force, for affignments or trans-
fers of original ſtock to be made in the books of the ſame com-
pany; or may diſpoſe or deviſe the fame, or any part thereof,
by will, in fuch manner and form as any fhare in the original
ftock of the fame company is devifeable; nevertheleſs the fame
governor and company, or their fucceffors, in refpect of fuch
ſtock which fhall or may be fo added or written in their books,
to enable them to make the faid payments into the exchequer,
or other the purpoſes aforeſaid, ſhall not be entitled to any in-
creaſe of their annuity or yearly fund to be paid out of the pub-
lick duties, revenues or incomes above-mentioned, or any of
them; any thing herein contained to the contrary notwith-
ſtanding.
LIII. And be it further enacted by the authority aforefaid,
and increaſed That the faid preſent capital ſtock of eleven millions feven hun-
yearly fund
dred forty fix thouſand eight hundred forty four pounds eight
ed a perfonal fhillings and ten pence, and the additions to be made thereun-
eftate, and go to by virtue of this act, and the faid annuity or yearly fund of
to executors, five hundred eighty ſeven thouſand three hundred forty two
and not liable pounds four fhillings and five pence, and the additions to be
to foreign at-
made thereunto by virtue of this act, and the faid yearly ſum of
tachment.
nine thouſand three hundred ninety feven pounds nine fhillings
and fix pence, for charges of management, and the additions to
be made thereunto by virtue of this act, and the ſhare and in-
tereft of each and every particular member of and in the fame
capital ſtock, and the fame additions to be made thereunto, and
of and in the faid annuity or yearly fund of five hundred eighty
ſeven thouſand three hundred forty two pounds four fhillings
and five pence, and the fame additions to be made thereunto,
and of and in the faid yeariy fum of nine thouſand three hun-
dred ninety ſeven pounds nine fhillings and fix pence, for charges
of management, and the additions to be made thereunto, and
every of them, fhall be and be adjudged, taken and accepted in
conſtruction of law, and in all courts of law and equity whatſo-
ever, to be a perſonal and not a real eſtate, and fhall go to the
executors or adminiftrators of the perfon or perfons dying and
poffeffed thereof, interefted therein or entitled thereunto, and not
to the heirs of fuch perfon or perfons, and fhall not be liable to
any foreign attachments by the cuſtom of the city of London, oṛ
otherwife; any law, cuftom or ufage to the contrary notwith-
ftanding.
Members may
LIV. And it is hereby enacted by the authority aforefaid,
transfer their That the reſpective members of the fame corporation, who ſhall
stocks, have a fhare or intereft in the preſent capital ſtock or the increaf-
ed.
1719.]
1-81
Anno fexto GEORGII I. C. 4.
{
ed ſtock thereof, fhall and may affign and transfer fuch his, her
or their ſhare or intereft, or any part thereof (except as is other-
wife provided in this act) in the books of the faid corporation,
in fuch or the like method, manner and form as are prefcribed
in and by the act or acts of parliament and charter now in force.
for affignments or transfers of original ſtock to be made in the
books of the faid corporation; or fhall or may difpofe or deviſe or devife the
the fame, or any part thereof, by will, in fuch manner and fame by will.
form as any ſhare in the original ftock of the faid corporation is
devifeable,
free.
difabled from
LV. And be it further enacted by the authority aforefaid,
That as well the faid prefent annuity or yearly fund of five hun-
dred eighty ſeven thoufand three hundred forty two pounds four
fhillings and five pence, as all the additions which fhall be made
thereto by virtue of this act; and the faid yearly fum of nine
thouſand three hundred ninety feven pounds nine fhillings
and fix pence, for charges of management, and all additions to
be made thereto by virtue of this act; and the ſhares, parts
or interefts of the feveral members of and in the fame, and of
and in the faid prefent capital ſtock and increaſed capital ftock
of the fame governor and company, and of and in the benefit of
trade annexed thereunto; and the ſtock in trade in money to be The whole
raiſed for any the purpoſes aforefaid, during the continuance of stock, &c. tax-
the fame, fhall be and are hereby exempted from all taxes, rates
and impofitions whatſoever by act of parliament or otherwiſe ;
any law or ſtatute made or to be made to the contrary notwith-
ſtanding; and that no perfon, in reſpect of his being governor No perfon, for
or fub-governor, deputy-governor, director, manager or a mem- acting purfu-
ber of the fame corporation, or for having any fock or fhare ant to this act,
therein, or by reafon of his being named or acting as a manager, ferving in par-
director or otherwife, for taking the ſaid ſubſcriptions, or for liament, nor
taking in orders and tickets, or for any other matter or thing fhall incur a-
to be by him done or performed by or in purfuance of this act ny penalty for
not qualifying
only, ſhall be now or at any time hereafter difabled from being himfelf.
or continuing, or from being elected or ferving as a member of
parliament, nor be liable or fubject to any penalty, forfeiture or
diſability preſcribed by any other act or acts of parliament, for
not qualifying himſelf to execute his truft upon or in purſuance
of this act, as perfons who fhall take or execute any office, or
place of profit or truſt, are ſubject and liable unto by any of the
laws now in force; and that every proprietor of any the annui- Every propri-
ties or debts above-mentioned may, notwithstanding his being etor(notwith-
in any of the ſaid offices or trufts, contract for the price of his ftanding his
annuity or fubfcribe fuch annuity or debt in any of the books to being intruft-
be opened and kept as aforefaid, and receive his payment for ed) may fub-
fcribe his an-
the fame, as if he were not in fuch office or truft, fo as fuch nuity, &c.
contract with him for the price of his annuity be made by the
other perſons intruſted on behalf of the faid corporation, and ſo
as the faid fubfcription (in cafe he be a manager) be taken by
two or more of the other managers for taking the fame fubfcrip-
tions; and that no member of the fame corporation, in refpect Not fubject to
of the flatute of
N 3
182
[1719.
Anno fexto GEORGII I. C. 4.
bankrupts, or of his ſhare or ſhares in the faid capital or increaſed capital ſtock,
foreign at-
ſhall be or be adjudged liable to be a bankrupt, within the in-
tachments.
tent and meaning of all or any of the ftatutes made againft or
concerning bankrupts; and that no ſtock in the faid company
fhall be fubject and liable to any foreign attachment by the cu-
ftom of the city of London or otherwife; any law, ſtatute, uſage
or cuftom to the contrary notwithstanding.
Counterfeit-
The transfers LVI. And it is hereby enacted, That the transfers or affign-
not liable to
ments of the prefent capital ftock or increaſed ſtock, in the books
any higher
of the faid company, fhall not hereafter be or be made liable to
ftamps than
now payable. any higher or greater ftamp or other duties than are now pay-
able for the fame; and that if any perſon or perfons fhall forge
or counterfeit the common feal of the fame company, or fhall
forge, counterfeit or alter any bond or obligation under the com-
mon feal of the fame company, or ſhall offer to difpofe of or pay
away any fuch forged, counterfeit or altered bond, knowing the
ing the com- fame to be fuch, or fhall demand the money therein contained,
pany's feal or
bonds, felony, or pretended to be due thereon, or any part thereof, of the fame
company or any of their officers, knowing fuch bond or obli-
gation to be forged, counterfeited or altered, with intent to de-
fraud the fame company or their fucceffors, or any other perfon
or perfons whatfoever, every fuch perfon or perfons fo offend-
ing, and being convicted thereof in due form of law, fhall be
guilty of felony, and ſhall ſuffer death as a felon, without bene-
fit of clergy.
funds till the
redemption
thereof,
Corporation
LVII. And it is hereby declared and enacted by the autho
fhall continue rity aforefaid, That the faid governor and company of mer-
for ever, and chants of Great Britain, and their fucceffors for ever, fhall re-
fhall enjoy main, continue and be one body corporate and politick, by the
their increaſed
name of the governor and company of merchants of Great Bri-
tain trading to the South-Seas and other parts of America, and for
encouraging the fishery, and ſhall have, hold, receive and en-
joy the faid annuity or yearly fund of five hundred eighty ſeven
thouſand three hundred forty two pounds four fhillings and five
pence, and the faid annuities or yearly funds which, purſuant
to this act, fhall or ought to be added thereunto by way of in-
creaſe as aforefaid, and the ſaid yearly ſum of nine thouſand
three hundred ninety feven pounds nine fhillings and fix pence,
and the faid yearly fums to be added thereunto (by way of in-
creaſe for management) purſuant to this act, until the faid an-
nuities and yearly funds, and the ſaid yearly fums reſpectively
fhall be redeemed according to this act, and ſhall have, hold
and enjoy for ever all their forts, factories, acquiſitions, lands,
tenements, hereditaments, fole benefit of trade in and to the
South-Seas and elſewhere, with a perpetual fucceffion, and all
abilities, capacities, powers, authorities, franchiſes, exemptions,
privileges, profits and advantages whatfoever, whereunto the
fame governor and company are or before the making of this act
were entitled by any act or acts of parliament, grant or charter now
in force (all which are by this act ratified, confirmed and made
effectual to them and their fucceffors) freed and diſcharged of
and their fac-
tories, trade
and acquifi-
ſitions.
and
1719.]
183
Anno fexto GEORGII I. C. 4.
and from all former provifoes, powers, acts, matters and things
whatſoever, for redeeming, determining or making void the
fame, or any of them, fubject nevertheleſs to the provifoes and
powers herein after contained for redeeming the faid preſent an-
nuity and yearly fund of the fame governor and company, and
all additions to be made thereunto, and the faid yearly fum of
nine thousand three hundred ninety ſeven pounds nine fhillings
and fix pence for charges of management, and all additions to
be made thereunto, at ſuch time or times and in fuch manner
and form, as are herein after ſpecified in that behalf.
C
the whole ca-
LVIII. Provided always, and it is hereby enacted by the autho- After 24 June
rity aforefaid, That at any time after the ſaid feaſt of the nativi- 1727, on re-
ty of Saint John Baptiſt which ſhall be in the year of our Lord payment of
one thouſand ſeven hundred twenty feven, upon repayment by pital stock, &c.
parliament to the faid governor and company of merchants of yearly fund,
Great Britain, or their fucceffors, of the whole fum whereof &c. to ceaſe.
their ſaid capital ſtock, with all the additions which (for taking
in the faid annuities, debts and incumbrances) are to be made.
thereunto by way of increaſe as aforefaid, fhall then confift, ac-
cording to this act, without any deduction, defalcation or abate-
ment whatſoever to be made out of the fame, or any part there-
of, and upon payment of all arrears which fhall be then due at
the reſpective rates aforefaid, or either of them, for or upon the
then annuity or yearly fund of the fame governor and company
to be increaſed as aforefaid, and upon payment of all arrears of
the faid yearly fums for charges of management; all which ar-
rears (if any fuch be) fhall be computed and paid to the quar-
terly feaſt-day then next preceding, and from thence fhall be
computed and paid by the day, till the time of fuch full pay-
ment made of the capital ftock to be increaſed as aforefaid, then
the ſaid annuity or yearly fund of the fame governor and com-
pany, payable as aforefaid, and the annuities or yearly funds.
which fhall be added thereunto purſuant to this act, and the faid
yearly fums to be allowed for charges of management as afore-
faid, and every of them, fhall from thenceforth ceafe and de-
termine.
5
LIX. And in regard it is intended, That at any time or times af
ter the faid feast of the nativity of Saint John Baptift which shall be
in the year of our Lord one thousand feven hundred twenty seven, the
principal or fum total of the faid capital and to be increaſed ſtock of
the fame governor and company, confifting of eleven millions feven
hundred forty fix thousand eight hundred forty four pounds eight ſbil-
lings and ten pence, and the additions to be made thereunto as afore-
faid, may be fatisfied to the faid governor and company by any pay-
ments (not being less than one million of lawful money of Great Bri-
tain at a time); and that as the fame principal money shall be paid
off, the faid annuity or yearly fund of the fame governor and compa-
ny, and the annuities or yearly funds to be added thereunto as afore-
faid, shall from time to time proportionably fink and be abated: be it
therefore further provided and enacted by the authority afore-
faid, That at any time or times after the ſaid feaſt of the nativi- After 24 June
ty 1727, on pay-
N 4
184
Anno fexto GEORGII I. c. 4.
fum not lefs
than
1,000,000l. a
[1719.
ment of any ty of Saint John Baptift which fhall be in the year of our Lord
one thoufand feven hundred twenty feven, upon repayment by
parliament to the faid governor and company of merchants of
Great Britain, or their fucceffors, of any fum or fums of money
(not being lefs than one million at a time) in part of the princi-
pal monies whereunto the faid capital with all the additions
which, for taking in the faid annuities, debts and incumbrances,
1 Geo. 2. c.8. are to be made thereunto by way of increaſe as aforefaid, ſhall
then jointly amount according to this act, and upon payment of
proportion
able part of
the annuities
thall cease.
fect. 19.
3
Geo. 2. c.16.
• Geo. 2. c. 5·
鳳
​all arrearages then due to them at the refpective rates aforefaid,
Geo. 2. c.17. or either of them, for or upon their faid annuity or yearly fund
6 Geo. 2. c.25. increaſed or to be increaſed as aforefaid, or ſo much of thoſe ar-
9 Geo.2. C.34 rearages as fhall bear a proportion to the principal fums from
10Ge0.2. C.17. time to time remaining unfatisfied, being computed by the day,
until the time of every fuch payment of part of the principal re-
ſpectively; and upon payment of all arrearages then due for or
upon the faid yearly fums for charges of management; then,
from and after every fuch payment fo made to the fame gover-
nor and company, or their fucceffors, fo much of their faid an-
nuity or yearly fund, increafed or to be increaſed as aforefaid, as
ſhall bear proportion to the monies fo paid in part of the faid
principal, fhall ceafe, determine and be abated; any thing in
this or any former act or acts of parliament contained, or other
matter or thing whatſoever to the contrary notwithſtanding.
After redemp-
tion of the an-
nuities, the
duties to be
understood to
LX. Provided alfo, and it is hereby further enacted by the
authority aforefaid, That from and after the redemption of the
faid annuity or yearly fund of the faid governor and company of
merchants of Great Britain, and of the additional annuities or
be redeemed yearly funds which are to be joined to the fame as aforefaid, and
by prliament. of the faid yearly fums to be paid for charges of management as
aforefaid, according to the feveral and refpective provifoes or
conditions of redemption in this act contained, of or concern-
ing the fame, then and not till then, fo much of the faid feve-
ral duties, revenues and incomes as were by this act applicable
thereunto during the continuance thereof, fhall be underſtood
to be redeemed by parliament, and fhall not be iffued, paid or
applied to any ufe, intent or purpoſe whatſoever without autho-
rity of parliament: nevertheleſs the fame corporation by the
name aforefaid ſhall for ever remain, continue and be one body
corporate and politick, and fhall have, hold and enjoy all their
forts, factories, acquifitions, lands, tenements, hereditaments,
fole benefit of trade in and to the South-Seas and elſewhere, and
alfo all the lands, tenements and hereditaments that are or ſhall
be by them purchafed in Great Britain, not exceeding one thou-
fand pounds per annum, with perpetual fucceffion, and all abili-
ties, capacities, powers, authorities, franchifes, exemptions, pri-
vileges, profits and advantages whatsoever, whereunto the faid
governor and company are, or before the making this act were
entitled by any act or acts of parliament, grants or charter now
in force; all which, and all the claufes, matters and things
therein contained, now being in force, are by this act ratified,
But the cor-
poration to
continue for
ever.
con-
1
1719.]
185
Anno fexto GEORGII I. C.4.
I
1
confirmed and made effectual to them and their fucceffors; and
the fame governor and company and the members thereof, with-
out having any ſhare or intereſt in the faid yearly funds, pay-
ments or annuities, or any of them, after the fame fhall be re-
deemed, ſhall have and be entitled to the fole and exclufive be-
nefits of trade in and to the South-Seas and elſewhere, and ſuch
power of trade in the fishery, as by any act or acts of parliament
now in force is directed, and all other benefits, powers, privi-
leges and advantages (the faid refpective annuities to them iffu-
ing or payable after fuch redemption as aforefaid, only excepted)
as if no fuch redemption were had or made; any thing in this
act contained to the contrary notwithſtanding.
LXI. And it is hereby declared and enacted by the authority All things by
aforefaid, That all and every the abilities, capacities, powers, any former
authorities, exemptions, franchifes, privileges, profits and ad- acts or char-
ters granted,
vantages whatſoever, and all pains of death and other penalties, to continue
forfeitures, and difabilities, and all rules, directions, methods, for ever.
articles, matters and things whatfoever, which by any former
act or acts of parliament, or any claufe or claufes therein, or
any charter or charters under the great feal of Great Britain, are
enacted, granted or eſtabliſhed to, for, touching or concerning
the fame corporation of the governor and company of merchants
of Great Britain trading to the South-Seas and other parts of A-
merica, and for encouraging the fishery, or their fucceffors, or
the members of the fame, or any perfon or perfons employed or
to be employed under them (being in force at or until the time
of making this act, and not hereby determined or altered) fhall
for ever continue and be practifed, and be put in execution, for
fecuring and paying the yearly funds, annuities and payments.
by this act directed, and ſubject to the provifoes for redemption
thereof in this act contained, and alfo (as well after fuch re-
demption as before) for fecuring the poffeflions, trade and bu-
ſineſs of the fame corporation, and for the advantage of them
and all perfons employed and to be employed under them, in
all refpects, as fully and effectually, to all intents and purpoſes,
as if the faid abilities, capacities, powers, authorities, exemp-
tions, franchiſes, privileges, profits and advantages, and the ſaid
pains of death and other penalties, forfeitures and diſabilities,
and the faid benefit of trade, rules, directions, methods, ar-
ticles, matters and things were ſeverally repeated and at large
re-enacted in the body of this preſent act.
year-
LXII. Provided always, and it is hereby enacted, That no- Not to hinder
thing in this act contained ſhall obftruct or hinder, or be con- the payment
ſtrued to obftruct or hinder the payment of any part of the of 700,000 1.
ly fum of feven hundred thousand pounds, fettled during his per ann. to his
Majefty,
Majefty's life (which God long preferve) for fupport of his Ma-
jefty's houthold, and of the honour and dignity of the crown,
or any part of the annuities granted by his Majefty to his royal or the annui-
highness the prince of Wales, or his truftees, out of the fame, ties to the
purſuant to acts of parliament in that behalf; or to obftruct or prince of
hinder the payment of the yearly fum of four thousand pounds Wales, or the
4000 1. per
payable
}
186
[1719.
Anno fexto GEORGII I. C. 4. .
ann. for the
riff's charges.
So many of
the pay-tick-
ets as will
make up an
intire annuity
in the lottery
thereof were
not interrupt-
payable by any act or acts of parliament out of part of the ſaid
aggregate fund to ſheriffs of England and Wales, for defraying
the charges of taking forth their letters patents for their refpec-
tive offices, and paffing their feveral accounts, and obtaining
their quietus's; any thing in this act contained to the contrary
notwithſtanding.
LXIII. And whereas feveral of the proprietors of the faid pay-
tickets belonging to the faid lottery of the year one thousand feven bun-
dred and ten, which were not fubfcribed purſuant to the faid former
act in that behalf, are or may be poſſeſſed of as many, of the faid pay-
tickets belonging to the fame lottery, as (in cafe the numbers thereof
1710, may be were not broken or interrupted) would entitle them feverally to an in-
taken in, as if tire annuity or annuities for the term of three and twenty years above-
the numbers mentioned: it is hereby declared and enacted by the authority a-
forefaid, That in all cafes, upon producing fuch pay-tickets for
fo much as will make up fuch annuity or annuities for the faid
term of three and twenty years, the bearer or bearers thereof
ſhall be admitted to contract for the price or prices of the fame
annuity or annuities, and fuch annuity or annuities may be tak-
en in by purchaſe or ſubſcription purſuant to this act, as if all
the tickets for every fuch annuity for the ſaid three and twenty
years were of the fame number without being interrupted or
broken; any thing herein contained to the contrary notwith-
ſtanding.
ed.
Some propri-
etors of the
pay-tickets
their intereſt
having fold
in one, two
or three years
payments,
may ſubſcribe
the whole
term, &c.
Properties in
the lotteries
of 5 Geo. I.
c. 3. & 5 Geo.
I. c. 9. not
adjuſted, ma-
nagers to fet-
tle the fame
by 25 Dec.
$720, &c.
LXIV. And whereas feveral of the proprietors of the faid pay-
tickets may have fold, aliened or diſpoſed of their interest in one, two
or three years fucceeding payments of fuch pay-tickets, part of thoſe
comprehended in the faid term of three and twenty years: it is here-
by provided and further enacted by the authority aforefaid, That
ſuch proprietors, having all the other pay-tickets for the refidue
of the faid term of three and twenty years, may contract for or
ſubſcribe into the books to be provided in purſuance of this
act, that whole term of and in the faid annuity or annuities,
and all the pay-tickets for the fame, paying to the perſon or per-
fons to be appointed to receive and take in the faid pay-tickets
the full amount of fuch pay-ticket or tickets fo fold, aliened or
diſpoſed, in truft to pay and fatisfy fuch perfon or perfons as
fhall have right to and be in poffeffion of fuch pay-tickets, when
the money for thoſe tickets reſpectively fhall be demanded, and
delivering up all the reft of the pay-tickets for the term ſo ſub-
fcribed for, as in this act is before prefcribed; any thing therein
contained to the contrary notwithſtanding.
LXV. And whereas it hath fo happened, that the properties of
feveral tickets entitled to benefits in the refpective lotteries fettled and
eſtabliſhed by the before-mentioned two feveral acts of parliament paſſ-
ed in the fifth year of his Majesty's reign have not been adjusted in
manner as by the faid acts fuch benefit tickets ought to have been ad-
jufted, the perfons poffeffed thereof, their agents or affigns, not hav-
ing appeared with the fame before the managers and directors of the
faid lotteries within the time limited for that purpose: be it there-
fore enacted by the authority aforefaid, That it ſhall and
may
1719.]
187
Anno fexto GEORGII I. C. 4.
may be lawful to and for fuch of the fame managers and di-
rectors as the commiffioners of his Majeſty's treaſury ſhall think
fit to appoint in this behalf, to fettle and adjust the properties of
any the tickets in the faid refpective lotteries that have not hi-
therto been fettled and adjuſted; provided the perfons poffeffed
of the faid tickets, their agents or affigns, do appear with the
fame before the fame managers and directors, on or before the
five and twentieth day of December one thouſand feven hundred
and twenty; and the fame managers and directors, or fome or
one of them, are hereby required to certify, not only the pro-
perties of and in all fuch tickets as fhall be claimed and adjuft-
ed before them, within the time aforefaid, but alſo of and in
all fuch other tickets, the properties whereof have been before
claimed and adjuſted, but not certified, as the reſpective acts in
that cafe have directed and appointed; any thing in the faid acts
or either of them to the contrary notwithſtanding.
or lend money
LXVI. Provided always, and it is hereby further enacted, Company not
That if the fub-governor, deputy-governor, the directors, ma- to purchaſe
nagers, affiftants, or other members of the faid corporation of crown-lands,
the governor and company of merchants of Great Britain, trad- to the crown
ing to the South-Seas and other parts of America, and for encou- by way of an-
raging the fishery, fhall upon the account of the faid corpora- ticipation.
tion, at any time or times, purchaſe any lands or revenues be-
longing to the crown, or advance or lend to his Majefty, his
heirs or fucceffors, any fum or fums of money by way of loan
or anticipation, on any part or parts, branch or branches, fund
or funds of the revenues now granted or belonging, or hereaf-
ter to be granted or belonging to his Majefty, his heirs or fuc-
ceffors, other than fuch fund or funds, part or parts, branch or
branches of the ſaid revenues only on which a credit of loan is
or fhall be granted by parliament, that then the faid fub-gover-
nor, deputy-governor, directors, managers or affiftants, or
other members of the faid corporation, who fhall confent, agree
to or approve of the advancing or lending to his Majesty, his
heirs or fucceffors, fuch fum or fums of money as aforefaid, and
each and every of them fo agreeing, confenting or approving,
and being thereof lawfully convicted, fhall for every fuch offence
forfeit treble the value of every ſuch fum or fums of money fo Penalty for ſo
lent; whereof one fifth part ſhall be to the informer, to be re- doing.
covered in any of his Majefty's courts of record at Westminster by
action of debt, bill, plaint or information, wherein no protec-
tion, wager of law, effoin, privilege of parliament or other pri-
vilege ſhall be allowed, nor any more than one imparlance, and
the reſidue to be diſpoſed of towards publick uſes as ſhall be di-
rected by parliament, and not otherwife.
LXVII. And whereas it is intended, That as well the above-men-
tioned ſum of four millions one hundred fifty fix thouſand three hun-
dred and fix pounds four billings and eleven pence, and every part
thereof, as the faid fums to be paid after the rate of four years and
a half's purchaſe, and also the faid fums to be paid after the rate of
one year's purchaſe, and every of them, and every part thereof, to be
paid
188
[1719:
Anno fexto GEORGII I. c. 4.
How the
paid into the receipt of the exchequer by the faid governor and compa-
ny of merchants of Great Britain, as fast as the fame ſhall be paid
into the faid receipt, fhall be issued and applied in manner following
that is to fay, That out of the first monies arifing of or for the faid
4,156,306 1. Several fums fo to be paid into the faid receipt, every or any of them,
4s. 11 d. and fuch publick debts and incumbrances carrying intereft or annuities after
the fums to be the rate of five pounds per centum per annum, or more,
paid after the before the five and twentieth day of December one thouſand ſeven
or more, incurred
hundred and fixteen, founded upon any former act or acts of parlia-
years and a
half's pur-
ment in that behalf (not being part of the capital stock or fund of the
chaſe and one ſaid governor and company of merchants of Great Britain) as are now
year's pur- redeemable, or may be redeemed at any time or times on or before the
chaſe, fhall be
iffued and ap-five and twentieth day of December one thousand feven hundred
plied. twenty and two, ſhall be redeemed and paid off in the first place; and
Geo.1.ftat.2. that after the fame fhall be redeemed and paid off, or money fufficient
9 Geo. 1. c. 6. ſhall be referved in the exchequer for redeeming and paying off the fame
rate of four
according to the true meaning of this act, then all the rest, refidue and
remainder of the ſaid ſum of four millions one hundred fifty fix thou-
fand three hundred and fix pounds four fhillings and eleven pence,
and of the faid fums to be computed after the faid feveral rates of
four years and an half's purchase and one year's purchaſe, and of
every of them, and of every part thereof, as the fame refidues and
remainders, from time to time, fhall grow due from the fame gover-
nor and company, or their fucceffors, and as the fame shall or ought
to be paid into the faid receipt of exchequer, fall be applied for or
towards paying off ſo much of the capital stock and increaſed capi-
tal stock of the fame governor and company as ſhall then carry in-
tereft after the rate of five pounds per centum per annum; and
that upon every fuch payment, or referving money as aforesaid to
make fuch payment, to the fame governor and company, a proportional
part of their annuity or yearly fund, or of their annuity or yearly fund
to be increafed as aforesaid, for which that rate is or shall be payable,
hall ceafe and determine: now it is hereby provided, enacted and
declared by the authority aforesaid, That the faid ſeveral fums of
four millions one hundred fifty fix thouſand three hundred and
fix pounds four fhillings and eleven pence, and the ſaid ſeveral
fums to be paid after the faid rates of four years and an half's
purchaſe and one year's purchaſe, and every of them, and eve-
ry part thereof, fhall be applied in fuch manner and form as are
before-mentioned and intended for the application thereof (over
and above the monies of the faid finking fund by this act direct-
ed to be applied for leffening publick debts and incumbrances,
in fuch manner and form as are in this act prefcribed concern-
ing the fame) and the commiflioners of the treaſury, or any
three or more of them, and the high treaſurer for the time be-
ing, are hereby directed and authorized to caufe all the monies
arifing of or for the faid fum of four millions one hundred fifty
fix thouſand three hundred and fix pounds four thillings and
eleven pence, and the ſaid ſums to be paid after the rate of four
years and an half's purchaſe and one year's purchaſe, and every
of them, and every part thereof, to be applied in the manner
1
and
1719.]
189
Anno fexto GEORGII I. C. 4.
payment a
proportional
and form by this act prefcribed touching or concerning the
ſame; and that upon every ſuch payment, or reſerving ſuch
money in the exchequer to make fuch payment to the faid go- On every fuch
vernor and company of merchants of Great Britain, a propor-
tional part of their faid annuity or yearly fund or increafed an- part of the
nuity or yearly fund, for which the faid rate of five pounds per increaſed an-
centum per annum ſhall be payable, for which fo much of their nuity to ceaſe.
capital ſtock ſhall be paid off, or for which money ſhall be ſo re-
ſerved from time to time, fhall ceaſe and determine; any thing
herein contained to the contrary notwithſtanding.
LXVIII. And whereas in and by an act of parliament made in the 3 Geo. 1. c.7.
third year of his Majesty's reign, the monies to arife from time to
time by certain furpluffes, exceffes and overplus monies therein Speci-
fied, were appropriated for difcharging the principal and intereft of
fuch national debts and incumbrances as were incurred before the
five and twentieth day of December one thousand feven hundred and
fixteen, and were declared to be national debts, and were provided for
by act of parliament, in fuch manner and form as ſhould be directed
or appointed by any future act or acts of parliament to be diſcharged
therewith or out of the fame; which monies fo arifing by the faid fur-
pluffes, exceffes and overplus monies, are commonly called the finking
fund, and the faid fund, commonly fo called the finking fund, is like
to be very much increafed in confequence of this prefent act, by taking
in feveral of the above-mentioned annuities and debts, and fettling (in
lieu thereof) upon the faid governor and company of merchants of
Great Britain, and their fucceffors, additions to their prefent an-
nuity or yearly fund at the rate of five pounds per centum per an-
num, until and from the faid feast of the nativity of Saint John Bap-
tift one thousand feven hundred and twenty feven; and afterwards at
the faid rate of four pounds per centum per annum, till redemp-
tion thereof according to this act: now it is hereby further declared
and enacted by the authority aforefaid, That fo much of the
ney arifing
monies, as at any time or times before the ſaid feaſt of the na- before 24
tivity of Saint John Baptift which ſhall be in the year of our Lord June 1727, by
one thouſand leven hundred and twenty feven, ſhall arife by the the overplus
faid furpluffes, exceffes and overplus monies, with the faid in- the finking
creaſe thereof, as ſhall or may remain in the exchequer after dif- fund, with the
charging fo much as remains unfatisfied of the fum of five hun- increaſe there-
dred and twenty thousand pounds, mentioned in an act of the of, as fhall re-
fifth year of his Majefty's reign for cancelling fuch exchequer- 520,000 1. by
bills as are therein ſpecified, and after diſcharging fuch pay- Geo.1. c. 3.
ments as thall be charged or chargeable on the faid finking fund, is completed,
or the increaſe thereof, by any other act or acts of this feflion of aud after dif
parliament, and after paying off fuch publick debts and incum-charging pay-
ments charg-
brances carrying intereft, or any annuity after the rate of five ed on the
pounds per centum per annum, or any higher intereft or annuity, finking fund,
founded upon any former act or acts of parliament in that be- &c. redeem-
half (not being part of the capital ftock or fund of the faid go- Midfummer
vernor and company of merchants of Great Britain) as may be 1727,
redeemed before the faid feaft of the nativity of Saint John Bap-
tiſt one thouſand ſeven hundred twenty and feven, fhall and may
be
So much mo-
!
monies called
main after
5
able before
fhall be appli
ed by even
Igo
[1719.
Anno fexto GEORGII I. c. 4.
:
fums of
be applied at the end of every year, fo far as ſuch remainder of
100,000 1. to- the faid furpluffes, exceffes and overplus monies will from time
wards paying
off part of the to time extend, by even fums of one hundred thouſand pounds
capital, carry. at a time, for or towards paying off part of the capital ftock of
ing intereft at the faid governor and company of merchants of Great Britain;
5 1. per cent. which fhall carry the ſaid rate of five pounds per centum per an-
num; and upon every fuch payment a proportional part of their
annuity or yearly fund payable at that rate for ſo much of the
faid capital ſtock as ſhall be ſo paid off, from time to time, ſhall
ceafe and determine; and the faid commiffioners of the treaſu-
ry, or any three or more of them, or the high treaſurer for the
time being, are hereby directed and authorized to cauſe the mo-
nies fo arifing of or for the faid finking fund, other than and ex-
cept as aforefaid, to be applied for or towards the paying off
fuch publick debts and incumbrances, and for or towards pay-
ing off ſuch part of the capital ſtock of the faid governor and
company of merchants of Great Britain, and reducing a propor-
tional part of their annuity or yearly fund accordingly, any for-
mer law or ftatute to the contrary notwithſtanding.
LXIX. And whereas a great number of bills, commonly called ex-
chequer-bills, were made forth and illuted at the receipt of the exche-
quer by virtue of former acts of parliament in that behalf, and the
far greatest part of the faid bills fo made forth have fince been dif-
charged and cancelled at the faid receipt, purſuant to the fame or
other acts of parliament made for that purpoſe, and particularly pro-
vifion was made by an act of the fifth year of his Majesty's reign for
applying the fum of five hundred and twenty thousand pounds therein
mentioned towards difcharging fuch bills, out of the faid furpluſſes, ex-
ceſſes and overplus monies, commonly called the finking fund, part of which
fum of five hundred and twenty thousand pounds hath accordingly been
applied, and the refidue thereof, as it shall come into the exche-
quer, will be applicable thereunto; and after the application there-
of the principal monies to remain due upon fuch of the faid bills
as will then be in or out of the exchequer uncancelled and undiſcharg-
ed, will, by eflimation, amount unto eight hundred ninety fix thou-
fand fix hundred fixty two pounds ten fhillings, or thereabouts, be-
fides intereft on them, or fome of them: now it is hereby enacted by
the authority aforefaid, That the faid commiffioners of the trea-
calling in the fury, or any three or more of them, or the high treaſurer for
preſent ex- the time being fhall, by publick notice in writing to be affixed
chequer-bills
upon the Royal Exchange in London, and published in the London
remaining un Gazette, prefix a certain day by or before which all the faid re-
mounting to fiduary bills fo eftimated to amount to eight hundred ninety fix.
896,662 1.10s. thouſand fix hundred fixty two pounds ten fhillings, or therea-
bouts, fhall be brought in and delivered to fuch perſon or per-
fons as the faid commiffioners of the treaſury, or any three or
more of them, or the high treafurer for the time being fhall
appoint to receive the fame, at or near the ſaid exchequer, to be
changed for new bills, as is herein after directed; and that all
fuch of the refiduary bills ftanding out, as fhall not be brought
in upon fuch notice to be exchanged for new bills as aforefaid,
Claufe for
!
within
4
I
1
1719.]
191
Anno fexto GEORGII I. C. 47
1
1
within the time or times thereby to be fignified, fhall lofe their
currency, and no intereſt ſhall grow due thereupon after the
day to be prefixed as aforefaid.
LXX. And be it further enacted by the authority aforefaid, Claufe for
That the faid commiffioners of the treaſury, or any three or making forth
new bills, not
more of them, or the high treaſurer for the time being, ſhall
exceeding the
cauſe new bills to be prepared and made at the faid receipt of the fame fum in
exchequer, in fuch method and form as they fhall think moft lieu thereof.
convenient, for any fum or fums of money whereof the princi-
pal ſhall not exceed the faid fum of eight hundred ninety fix
thouſand fix hundred fixty two pounds ten fhillings, adding
thereunto the intereft-monies which fhall appear to be due there-
upon; which new bills fhall be made forth to bear an intereſt
not exceeding the rate of two pence per centum per diem; and the
faid commiffioners of the treaſury, or any three or more of them,
or high treaſurer for the time being, fhall caufe the faid refidu-
ary bills to be cancelled and difcharged, and, as faft as the faid
refiduary bills fhall be brought in, cancelled and diſcharged,
ſhall cauſe new bills in lieu thereof to be delivered to the refpec-
tive bearers of the ſaid refiduary bills, fo that for every princi-
pal fum contained in any the faid refiduary bills fo cancelled and
diſcharged, a new bill (of the new bills above-mentioned) con-
taining the like principal fum fhall be delivered to the faid bear-
ers reſpectively; and that fuch new bills which ſhall be ſo deli-
vered to any teller or tellers of the exchequer, as the bearers of
the faid refiduary bills, fhall (inftead of fuch refiduary bills
fo brought in and cancelled) be placed in their reſpective offices
as ſo much caſh.
LXXI. Provided always, That in cafe proof fhall be made On oath that
upon oath of one or more credible witneffes before the lord chief any of the re-
baron, and other the barons of the coif, of his Majefty's court have been loft,
fiduary bills
of exchequer, or any of them, that any of the faid refiduary new bills to be
bilis, amounting to eight hundred ninety fix thouſand fix hun- delivered in
dred fixty two pounds ten fhillings, or thereabouts, were by lieu thereof.
cafualty or mifchance loft, burnt, or otherwife deftroyed before
the ſecond day of February one thouſand ſeven hundred and
nineteen, and fhall by fuch oath aſcertain the numbers and
fums of fuch bill or bills; and if thereupon the ſaid chief baron,
and other the ſaid barons, or any of them, before whom fuch
proof was made, fhall certify that he or they is or are fatisfied
in fuch proof; that then and in every ſuch caſe the ſaid com-
miffioners of the treafury, or any three or more of them, or
the high treaſurer for the time being, are hereby authorized to
cauſe a new bill or bilis (of the new bills before-mentioned) to
be delivered in lieu of the bill or bills fo certified to be loft,
burnt or deſtroyed, as if the original bill or bills were brought
in and cancelled; provided the perfon or perfons fo receiving
the fame do give fecurity to his Majefty (to the good liking of
the perſon or perfons who fhall be appointed to take in the old
bills as aforefaid) to pay into the exchequer, for the uſe of the
publick, fo much money as is contained in fuch new bill or bills,
2
in
+
192
[1719.
Anno fexto GEORGII I. C. 4.
South-Sea
ney for circu-
lating theſe
new bills at
their own
charge,
in cafe the original bill or bills fo certified to be loft, burnt or
deftroyed, be hereafter produced.
LXXII. And whereas the faid governor and company of merchants
company dur- of Great Britain (in confideration of the advantages which may poſſi-
ing feven
bly accrue to them by increasing as well their capital fock, as their
years from
Midfummer annuity or yearly fund, and alfo their allowance for charges of ma-
1720, willing nagement, upon fuch terms and conditions as are in and by this act
to furniſh mo- preſcribed in that behalf) are willing from time to time, during the
term of feven years, to be reckoned from the feaft of the nativity of
Saint John Baptift one thousand feven hundred and twenty, to fur-
niſh, ſupply and pay to fuch trustees as ſhall be chofen and conftituted,.
as is herein after mentioned, fo much ready money in the lawful coins
of this realm, as fhall be fufficient to enable fuch trustees to exchange
all fuch of the faid bills to be made forth by virtue of this act, às
ſhall be demanded at the publick office of the faid trustees, at any time
or times within the faid term of ſeven years, by paying in fuch ready
money upon every fuch demand, all the principal monies contained in
every fuch bill, and the intereft which shall then be due thereupon,
and ſo toties quoties, as often as any fuch bills ſhall be demanded,
and are willing at their own proper cost and charges to bear, defray
and allow, out of the money fo to be furnished from time to time, fo
much as ſhall be ſo paid by the faid trustees, for interest upon the bills
fo demanded and exchanged from time to time, within or during the
term laft-mentioned; provided the faid trustees do from time to time,
upon exchanging of every fuch new bill as aforefaid, take in the bill
fo exchanged, and fhall ftand poffeffed of the fame (as to the princi-
pal monies therein contained, and the intereft-monies to grow due there-
upon, during the times they fhall be in the hands or power of the faid
truſtees) in trust for the faid governor and company of merchants of
and a propor- Great Britain, and their fucceffors, and fhall be anfwerable and ac-
tion of money countable to them for the fame monies, or the value thereof in like bills,
for circulating
other bills to as is herein after-mentioned; and in cafe during this or any future
be made forth. feffion or feffions of parliament any other act or acts of parliament be or-
Shall be made, for making forth any further fum or Jums in exchequer–
bills to be circulated by trustees at or near the exchequer, and to be cur-
rent at any time or times within or during the faid term of feven
years, or for any part of the fame term, at the faid exchequer, and
in the publick revenues and taxes, upon credit of ſuch fund or fecurity,
or of fuch monies to be borrowed thereupon, as by authority of parlia-
ment shall be established or appointed to ſupport the currency thereof,
then and in every fuch cafe the faid governor and company of merchants
of Great Britain, for the confideration aforefaid, are willing (from
time to time during the faid term of ſeven years, or for ſo much of
that term as the faid exchequer bills to be made forth by fuch other or
future act or acts of parliament, ſhall have a joint currency with the
faid bills to be made forth by virtue of this act, or be current together,
or at the fame time) to furnish, fupply and pay to fuch truflees as ſhall
be chofen or conflituted as in this act is afterwards mentioned, in the
lawful coins of this realm, a proportional part of fuch ready money as
fhall be fufficient to enable the fame trustees to exchange all or any the
bills which fhall be fo current (whether they be bills made forth by vir-
tus
1719.]
Anno fexto GEORGII I. C. 4
193
tue of this act, or by any other act or acts of this or any future feffion
of parliament) as often as any fuch bill shall be demanded within the
Jaid term of feven years, by paying all the principal monies contained
in fuch bill, and the interest which shall upon every fuch demand be
due thereupon, and fo toties quoties, as often as the fame fhall be
demanded, which proportional parts ſhall from time to time be afcer-
tained and determined in manner following, (that is to fay) as the
fum total of the principal monies contained in all the faid bills then un-
cancelled and undifcharged fhall be to ten hundred thousand pounds, ſo
the whole fum which at any time or times during the ſaid term, ſhall
be neceffary and called for to fupport the currency of all the faid bills,
Shall be to the proportional part to be furnished by the fame governor
and company towards ſupporting fuch currency: be it therefore en-
acted by the authority aforefaid, That the faid commiffioners of Treaſury to
his Majeſty's treaſury, or any three or more of them, or the name three,
high treaſurer for the time being fhall, on behalf of the pub- and the com-
lick, name three fuch perfons as they ſhall judge to be fit for any as many
truſtees, for
executing the trufts relating to exchequer-bills in and by this circulating
act intended, and that the faid governor and company of mer- the new bills,
chants of Great Britain, or their court of directors on their be-
half, ſhall forthwith nominate three other perfons (being mem-
bers of their own company, or any others) as they fhall judge
to be fit for executing the faid trufts in and by this act intend-
ed; and that upon fuch ſeveral nominations the ſaid commif-
fioners of the treaſury, or any three or more of them, or the
high treaſurer for the time being, fhall and may, from time to
time, by any writing or writings under their hands and feals (to
be regiſtred in the office of the auditor of the receipt of exche-
quer, and to be enrolled in the office of the clerk of the pells
there) conftitute and appoint all the perfons which ſhall be ſo
chofen or nominated to be truftees for circulating exchequer-bills,
with power to them, or any four or more of them, to receive as
well the monies to be furniſhed by the faid governor and com-
pany purſuant to this act, as the monies which by any other or
future act or acts of parliament ſhall be iffuable at the exche-
quer for fupporting the currency thereof; and that the trustees
fo to be conftituted ſhall keep an office at or near the exchequer to keep an
in Westminster, to which the refpective bearers of the faid bills office at or
may, at all feaſonable times of the day (Sundays and holidays chequer.
excepted) refort to have their bills exchanged for ready money
upon demand.
near the ex-
:
circulation of
LXXIII. And be it enacted by the authority aforefaid, That Company to
the faid governor and company of merchants of Great Britain, furnish the
and their fucceffors, or their court of directors on their behalf trustees with
fhall, and they are hereby enjoined and required from time to money for
time, during the faid term of feven years, to furnish, fupply, the new bills,
and pay to fuch truſtees as fhall be chofen or conftituted, as a- not exceeding
forefaid, ſo much ready money in the lawful coins of this realm, 1,000,000 1.
as ſhall be ſufficient to enable fuch truſtees to exchange all fuch for ſeven
of the ſaid bills to be made forth by virtue of this act, as fhall years.
be demanded at the faid publick office of the faid truſtees, at a-
VOL. XIV.
O
ny
1
194
[1719)
Anno fexto GEORGII I. C. 4.
+
Truſtees ac-
countable to
the company.
ny
time or times within the faid term of ſeven years, by paying
(in ſuch ready money) upon every fuch demand, all the princi-
pal monies contained in every fuch bill, and the intereſt which
fhall then be due thereupon, and fo toties quoties, as often as a-
ny fuch bill ſhall be demanded, fo as all the principal fums to
be contained in all the new bills to be made forth by virtue of
this act (in lieu of all the principal and intereft due upon the
faid old bills) do not in the whole exceed ten hundred thouſand
pounds; and the fame governor and company ſhall at their own
proper coſt and charges bear, defray, and allow out of the mo-
ney ſo to be furniſhed from time to time, ſo much as fhall be
fo paid by the faid truſtees for intereſt upon the bills fo demand-
ed and exchanged from time to time, within or during the term
laft mentioned.
If any further
fums be to be
iffued in ex-
LXXIV. And it is hereby enacted by the authority aforefaid,
That the faid truſtees fhall, and they are hereby enjoined and
required, from time to time, upon exchanging every fuch bill
which ſhall have been made forth by virtue of this act, take in
the bill fo exchanged, and fhall ftand poffeffed of the fame (as
to the principal monies therein contained, and the intereft-mo-
nies to grow due thereupon, during the times they fhall be in
the hands or power of the ſaid truſtees) in truſt for the ſaid go-
vernor and company of merchants of Great Britain, and their
fucceffors, and fhall be anfwerable and accountable to them for
the fame principal monies, and the intereft-monies to grow due
thereupon during the times they ſhall be in the hands or power
of the faid truſtees, or the value thereof in like bills, as is
herein after mentioned.
LXXV. And be it further enacted by the authority aforeſaid,
That in cafe during this or any future feffion or feflions of par-
chequer bills, liament, any other act or acts of parliament be or ſhall be made
then the com- for making forth any further fum or fums in exchequer-bills to
pany fhall fur- be circulated by trustees at or near the exchequer, and to be
tional part of current at any time or times within or during the ſaid term of
ready money ſeven years, or for any part of the fame term, at the ſaid exche-
to the truſtees quer, and the publick revenues and taxes, upon credit of ſuch
for feven years. fund or fecurity, or of fuch monies to be borrowed thereupon,
nish a propor-
as by authority of parliament fhall be eſtabliſhed or appointed
to fupport the currency thereof; then and in every fuch cafe,
the ſaid governor and company of merchants of Great Britain,
and their fucceffors, for the confideration aforefaid fhall, and
they are hereby enjoined and required, by themſelves, or their
court of directors for the time being (from time to time, dur-
ing the ſaid term of ſeven years, or for ſo much of that term as
the faid exchequer-bills to be 'made forth by fuch other or future
act or acts of parliament, fhall have a joint currency with the
faid bills to be made forth by virtue of this act, or be current to-
gether or at the ſame time) to furniſh, ſupply, and pay to ſuch
truſtees as ſhall be chofen or conftituted by this act, as afore-
ſaid, in the lawful coins of this realm, a proportional part of
fuch ready money as fhall be fufficient to enable the fame tru-
ftees
!
:
i
1719.]
195
Anno fexto GEORGII I. C. 4.
"
!
ſtees to exchange all or any the bills which ſhall be fo current
(whether they be bills made forth by virtue of this act, or by
any other act or acts of this or any future feffion of parliament)
as often as any fuch bills fhall be demanded within the ſaid term
of feven years, by paying all the principal monies contained in
fuch bills, and the intereſt which ſhall upon every ſuch demand
be due thereupon, and fo toties quoties, as often as the fame fhall be
demanded, which proportional parts fhall, from time to time, be
aſcertained and determined in fuch manner and form as are be-
fore mentioned in that behalf; and that the fame governor and
company fhall, at their own proper cofts and charges, bear, de-
fray, and allow out of the faid proportional money fo by them to
be furniſhed from time to time, a like proportion of the monies
which ſhall have been paid by the ſaid truſtees for intereft upon
the bills ſo demanded and exchanged (whether they be bills made
forth by virtue of this act, or by any other act or acts of this or
any future feffion of parliament,) (as aforefaid) within or during
the faid term of ſeven years: nevertheleſs the ſaid truſtees, upon
exchanging the ſaid bills (during the time of fuch joint curren-
cy, as aforefaid) or any of them, ſhall be and are hereby oblig-
ed to take in the fame bills fo exchanged, and to be anſwerable
and accountable to the faid governor and company of merchants
of Great Britain, and their fucceffors, for fuch part of the prin-
cipal fums contained therein, and the intereft-monies to grow due
thereupon, during the times they ſhall be in the hands or power
of the faid truſtees, as ſhall bear a juſt proportion to the coined
monies which the fame governor and company ſhall have fur-
niſhed and advanced for or towards the exchanging of the fame,
which proportions of the principal fums fo paid by way
of ex-
change, from time to time, and of the intereft laft mentioned,
fhall and may be made good to the faid governor and company
out of the fame, or other exchequer-bills then current, as is
herein after mentioned.
accounts of all
LXXVI. And be it further enacted by the authority afore- Truſtees ſhall
faid, That after the choofing and conftituting fuch truſtees as a- once in 14
forefaid, during the faid term of feven years, they the faid tru- days deliver to
ftees for the time being, fhall once in every fourteen days at the the treaſury
fartheft, make up and deliver, as well to the commiffioners of and company,
the treaſury, or high treaſurer for the time being, as alfo to the the monies
faid governor and company of merchants of Great Britain, or furnished for
to their court of directors, or their cashier for the time being, exchanging
juft, true and perfect account in writing, figned by the faid bills, &c.
truſtees, or four or more of them, of all the monies or propor-
tions of money, which within the time of every ſuch account
fhall have been furniſhed to them the faid truſtees for or towards
circulating or exchanging the faid exchequer-bills, or any of
them, or for payment of intereft thereupon, diftinguiſhing how
much thereof fhall have been furniſhed by or on the behalf of
the fame governor and company, and how much thereof (if
any) ſhall have been furniſhed on account of the publick, pur-
fuant to any other or future act or acts of parliament in that be-
O 2
half
196
[1719.
Anno fexto GEORGII I. C. 4o
Treaſury may
half; and how much of the fame money furniſhed by the fame
governor and company, fhall or ought to be born or allowed by
them for intereft, or for the proportional part of intereſt which
they fhall or ought to bear at their own charge, according to
the tenor and true meaning of this act; and fhall together with
every fuch account deliver to the fame governor and company,
or to their court of directors, or their cashier for their uſe, fo
many exchequer-bills then current as by the monies then due
thereupon ſhall amount to the total of the principal fums con-
tained in the bills which were fo exchanged by or with the mo-
ney or proportions of money furnished by the fame governor
and company, as aforefaid.
་
LXXVII. And for better preserving the credit and currency of
make calls on the faid bills to be made forth by virtue of this or any other or future
the company act or acts, as aforefaid, it is hereby further enacted by the au-
for this pur- thority aforefaid, That it fhall and may be lawful to and for the
pofe.
faid commiffioners of the treaſury, or any three or more of them,
or the high treaſurer for the time being, upon receiving any ac-
count or accounts, as aforefaid, from the faid truſtees by any
notice in writing to be given or left at the publick office of the
fame governor and company, to call for and require fuch fums,
from time to time, to be furnished and paid by them to the
ſaid truſtees for the exchanging and circulating the faid bills,
or for their proportion thereof (not exceeding one hundred thou-
fand pounds at a time) as the faid commiffioners of the treaſury,
or any three or more of them, or the high treaſurer for the time
being fhall, from time to time, judge to be neceffary in that be-
half; and that the faid fums fo called for fhall, from time to
time, be furniſhed by the fame governor and company, accord-
ingly, within four days after every fuch notice given or left.
3
Truſtees to
exchange for
ready money
at their pub-
lick office all
bills brought
to them.
LXXVIII. And be it further enacted by the authority afore-
faid, That the truſtees to be conftituted as aforefaid (being from
time to time furniſhed with money of the lawful coins of this
realm, for the purpoſe aforefaid, according to the purport and
true meaning of this act) fhall, and they are hereby enjoined and
required at their faid publick office to exchange for ready mo-
ney all fuch of the faid bills to be made forth by virtue of this
or any other or future act or acts of parliament, as aforefaid,
as from time to time, or at any time or times within or during
the faid term of feven years, fhall be in the hands of
any perfon
or perfons, and within the fame term fhall be demanded of the
fame truſtees, or at their publick office, to be exchanged for rea-
dy money, by paying unto all fuch perfon and perfons in ready
money, the principal fum or fums for which fuch bill or bills.
fo required to be exchanged ſhall have been iffued, or which the
owner or owners of fuch bills fhall be entitled unto by the fame
bill or bills reſpectively, together with intereft which ſhall have
grown due thereupon, for any time or times within the faid term
of feven years, and ſhall at the time of any fuch demand be due
on fuch bill or bills refpectively, and fo toties quoties, as often as
fuch bill or bills fhall be demanded, as aforefaid, within the faid
term of ſeven years.
LXXIX. And
1719.]
197
Anno fexto GEORGII I. C.4.
6 months in-
tereft is due.
LXXIX. And it is hereby enacted, That any perfon or per- Ready money
fons, bodies politick or corporate, having in his or their cuftody may be de-
any of the faid exchequer-bills to be made forth by virtue of manded for
this or any other future act or acts, as aforefaid, upon which fix bills on which
months intereft, or more, fhall be due and unpaid at any time
or times during the faid term of ſeven years, thall and may, from
time to time, demand and receive of and from the faid truſtees
for the time being (they being furniſhed with money, as afore-
faid) all the intereft fo due and unpaid, which the fame trustees
are hereby directed and required to pay and diſcharge accord-
ingly.
difabled from
LXXX. And it is hereby further enacted by the authority Perfons con-
aforefaid, That no governor, fub-governor, deputy-governor or cerned in cir-
director of the faid South-Sea company, or any of the faid tru- culating not
ftees, or other perfon or perfons whatfoever, who fhall be in- being mem-
truſted or any ways concerned in or about the circulation or bers of parlia-
exchanging of the faid exchequer-bills, or any of them, purſu- ment, or liable
ant to this act, fhall for that cauſe only be difabled from being a to be bank-
member of parliament, or be adjudged liable to be a bankrupt rupts.
within the intent or meaning of all or any of the ftatutes made
againſt or concerning bankrupts; any law, ftatute or proviſion
to the contrary notwithstanding.
the revenue.
A
LXXXI. And be it further enacted by the authority afore- Thefe bills to
ſaid, That all and every the exchequer-bills to be made forth, be current in
as aforesaid, and to be current at any time or times, within the
faid term of ſeven years, fhall be received and taken by, and
fhall paſs and be current to all and every the receivers and col-
lectors in Great Britain, of the customs, excife, or of any reve-
nue, fupply, aid or tax whatſoever already granted, due or pay-
able, or which fhall or may hereafter be granted, due or payable
to his Majefty, his heirs or fucceffors, and alſo at the receipt of
the exchequer, from the faid receivers or collectors, or from any
other perſon or perfons, bodies politick or corporate whatfoever,
making any payment or loan there to his Majefty, his heirs or
fucceffors, for or upon any account, caufe or occafion whatfoe-
ver, according to the purport and true meaning of this act: and If received at
that fuch of the fame bills as fhall be fo received at the exche- the exchequer,
quer shall and may be locked up, and fecured as caſh according to be locked
to the courfe of the exchequer fettled and eſtablished by law, up as cafh.
for locking up and fecuring money in fpecie received there; and Receivers, &c.
out of money
that all and every the receivers and collectors in Great Britain, in their hands
of the customs, excife, or any revenue, aid, tax or fupply what- to exchange
foever, already granted, due or payable, or which fhall or may
hereafter be granted, due or payable to his Majefty, his heirs or
fucceffors, thall and are hereby directed and required, out of any
current coined money, as ſhall then be in his or their hands of
fuch revenue, aid, tax or fupply, to pay fuch of the fame bills as
fhall be brought to them refpectively, by any perſon or per-
fons defiring to have money for the fame; and in cafe any fuch Receivers re
receiver or collector fhall refufe or neglect to exchange fuch bills futing, may
for ready money, by the space of four and twenty hours, then be fued.
the bills.
03
the
198
[1719.
Anno fexto GEORGII I. c. 4.
the perſon or perfons demanding the fame, fhall or may bring
an action of debt or on the cafe, for the principal and intereſt-
monies due upon fuch bill or bills, againft fuch receiver or col-
lector having money in his hands, as aforefaid, in which action
the plaintiff ſhall or may declare, that fuch receiver or collector
is indebted to fuch plaintiff in the money demanded upon every
fuch bill according to the form of the ftatute, and hath not paid
the fame, which fhall be fufficient; and the plaintiff in every fuch
action ſhall recover against the receiver or collector not only the
monies fo refuſed or neglected to be paid, but alſo his damages,
with full costs of fuit, and fuch receiver or collector fhall be fub-
ject and liable thereunto; and in fuch action no effoin, protec-
tion, privilege or wager of law fhall be allowed, or more than one
imparlance, and upon payment of the monies fo to be recovered,
the plaintiff, his executors or affigns, fhall deliver up fuch bills
to the defendants, his executors or affigns.
LXXXII. And be it further enacted, That as any of the faid
Tallies to be
ftruck for fuch bills to be made forth by virtue of this or any other or future act
bills lent into or acts, as aforefaid, fhall at any time or times hereafter, with-
theexchequer. in or during the faid term of feven years, or within or during
Intereft due
any part of that term, be paid or lent into the exchequer by any
his Majeſty's receivers, or other perſon or perſons, bodies po-
litick or corporate, making any payment or loans at that re-
ceipt, the officers there fhall caufe tallies to be levied and deli-
vered to the payers or lenders, as amply and effectually, to all
intents and purpoſes, as if they had made fuch payments or loans
in fpecie.
LXXXIII. And be it enacted by the authority aforefaid, That
on the bills to the intereft which ſhall from time to time, be due upon any the
be allowed by bills fo to be current, as aforefaid, fhall be allowed to all perfons,
receivers, &c. bodies politick and corporate, paying the fame to any receiver or
the bills in the
collector, receivers or collectors, of any his Majefty's revenues,
aids, taxes or fupplies, or by way of exchange, as aforefaid, or
paying or lending the fame into the exchequer, as aforefaid, to
the reſpective days whereupon fuch bill or bills ſhall be ſo paid,
exchanged or lent.
LXXXIV. Provided always, That no intereft fhall run or
No intereft on be paid upon or for any fuch bill or bills during the time that
receivers any fuch bill or bills fo paid, exchanged or lent, fhall remain
hands,orinthe in the hands of any the faid receivers or collectors, or in the
exchequer.
Perfons pay-
ing bills to re-
ceivers, &c. to
indorfe their
names, and
time when
paid in:
hands of any teller or tellers of the exchequer, but for fuch time
the intereft on every fuch bill fhall ceafe, and the faid governor
and company of merchants of Great Britain fhall not be oblig-
ed to bear or pay any part or proportion of the intereſt ſo ſaved.
LXXXV. And to the end it may be known for what time
fuch bills bearing intereft fhall, from time to time, remain in the
hands of fuch receiver or collector, or in the exchequer afore-
faid: be it further enacted by the authority aforefaid, That the
perfon or perſons who fhall pay any ſuch bill or bills bearing in-
tereſt to any receiver or collector of any his Majefty's revenues,
aids, taxes or fupplies, by way of exchange or otherwife, or fhall
pay
1719.]
199
Anno fexto GEORGII I. c. 4.
pay or lend fuch bill or bills fo bearing intereſt into the exche-
quer, as aforefaid, fhall at the time of making fuch payment,
exchange or loan, on each bill bearing intereſt, and fo paid, ex-
changed or lent, put his or their name or names, and write there-
upon in words at length, the day of the month and year in which
he, fhe or they fo paid, lent or exchanged fuch bill or bills bear-
ing intereft, all which the faid receivers and collectors refpect-
ively, and alſo the reſpective tellers in the exchequer, ſhall take
care to fee done and performed accordingly, to which reſpective
days the faid receivers and collectors fhall be allowed again the
intereft which he, fhe or they ſhall have allowed or paid upon
fuch reſpective bill or bills, upon his, her or their paying the
fame into the receipt of exchequer, as aforefaid.
LXXXVI. Provided alfo, and be it hereby further enacted And the time
by the authority aforefaid, That the faid bills, or any of them, of re-iffuing to
may be re-iſſued and paid again out of his Majefty's exchequer, be alſo indorf-
and when the fame fhall be re-iffued or paid again out of his ed.
Majefty's exchequer, the reſpective teller there, from whoſe of-
fice fuch bill or bills bearing intereft fhall be fo re-iffued or again
paid out, fhall indorfe on the fame bill or bills fo re-iffued, in
words at length, the day of the month and year in which the
fame were fo re-iffued or repaid out of the faid exchequer, and
alſo on what account the fame were laft received into the receipt
of exchequer, and fign the fame, from which time the intereſt
of fuch bill or bills fo re-iffued or paid again fhall revive, and
fuch bill or bills fhall again run and paſs at intereft, as the fame
did before they were paid unto or exchanged by the faid receiv-
ers or collectors, or before the fame were paid or lent into the
exchequer, as aforefaid.
LXXXVII. And it is hereby enacted, That the fame bills Bills re-ified
to be re-iffued from time to time, or at any time at the exche- to bear the
quer, as aforefaid, fhall be fo re-iffued for the principal money fame intereſt
as when paid
to be contained therein, and for fo much intereft as was due in.
thereon, and allowed by the teller at the refpective time and times
when fuch bill and bills were laft paid into the exchequer.
tool.
LXXXVIII. And be it enacted, That every receiver general Receivers ge-
of any the revenues, aids, taxes or fupplies, belonging or to be- neral to keep
long to his Majefty, his heirs or fucceffors, fhall keep a fair book books for en-
or books of accounts in writing, of all the monies by him re- tring all mo-
nies received,
ceived, in which he or his deputy or deputies fhall truly enter on penalty of
all the fums which fhall have been received by him or them,
for every fuch revenue, aid, tax or fupply, together with the
names of the feveral collectors from whom the fame or any
part thereof was received, the days when, and the fums paid,
how much thereof in money, and how much in fuch exchequer-
bills, and what exchequer-bills fhall have been exchanged by
every ſuch receiver general, purſuant to this act, to which ac-
counts every perfon concerned fhall have free acceſs at all rea-
ſonable times, without fee or charge, and the faid accounts fhall
conſtantly lie open at one certain place within the limits of his
receipt for that purpoſe; and if fuch receiver fhall neglect to keep
0 4
fuch
200
[17197
Anno fexto GEORGII I. C. 4.
:
Bills filled up
by indorfe-
ments, trea-
fury to make
forth new
ones.
fums not ex-
•
fuch book or books, or to enter therein any fum or fums of money.
by him or them received and paid, as aforefaid, by the ſpace of
three days after the receipt or payment of the fame, or fhall re-
fuſe any perfon or perfons concerned to infpect fuch book or
books without fee or charge, as aforefaid, every fuch receiver
for every fuch offence fhall forfeit the fum of one hundred pounds
to any perſon or perſons who fhall fue for the fame, to be reco-
vered by action of debt or on the cafe, bill, fuit or information,
in any of his Majeſty's courts of record at Westminster, wherein
no effoin, protection, privilege or wager of law fhall be allowed,
or any more than one imparlance.
LXXXIX. Provided always, and it is bereby enacted by the
authority aforefaid, That in cafe any of the exchequer-bills,
which fhall be made forth by virtue of this act, fhall be filled
up by writing, or endorſements to be made thereon, as afore-
faid, or fhall by any accident be defaced, it ſhall and may be
lawful to and for the commiffioners of the treaſury, or any three
or more of them, or the high treaſurer for the time being, and
he and they are hereby authorized and enjoined (by their or
his difcretions) from time to time, to caufe new bills to be made
forth at the receipt of the exchequer, in lieu of fuch bills which
fhall be fo filled up or defaced, which bills fo filled up or defaced
ſhall be cancelled at the receipt of exchequer, and kept there on
a file or files for that purpoſe, and fuch bills fo to be made forth
in lieu thereof, fhall have a like currency, and fhall in all reſpects
be fubject to the fame rules, methods and continuance as the
bills fo filled up or defaced were intended to have by this act,
and fhall bear the fame numbers, dates, and principal fums, and
carry the like intereft, as were born and carried by the bills fo
cancelled refpectively.
XC. And it is hereby enacted, That for the greater eafe and
Bills for large difpatch of the publick hufinefs at the exchequer, it fhall and
ceeding 5000l, may be lawful to and for the commiffioners of the treafury, or
each, may be any three or more of them, or the high treaſurer for the time
iffued, &c.
being, and he or they are hereby authorized and enabled (in cafe
he or they fhall fo think fit) at the requeſt of the ſaid court of
directors of the governor and company of merchants of Great
Britain for the time being, to caufe exchequer-bills for any
large fums not exceeding five thousand pounds each, to be made
forth at the receipt of exchequer, and to be placed as caſh in
the fame receipt in lieu of the like value of the principal con-
tained in exchequer-bills, made forth by virtue of this act for
leffer fums, which at the time of making fuch large bills fhall
happen to be in the faid receipt, which fhall be at the fame time
cancelled and diſcharged, and be kept there on a file for that
purpoſe, which new bills for fuch large fums fhall or may be
iffued at the faid receipt, and have the fame currency, and in all
reſpects be ſubject to the fame rules, methods, continuance, and
carry the like intereft, and have the fame fecurity, benefit and
a Ivantages, and the fame pains of death, and other pains, penal-
ties and forfeitures, for any crime or offence relating thereunto,
thall
1719.]
201
Anno fexto GEORGII I. c. 4.
ſhall be inflicted, incurred and put in execution, as if they had
been bills originally iffued by virtue of this act; any thing here-
in contained to the contrary notwithstanding.
Forging ex-
chequer-bills,
XCI. And it is hereby enacted by the authority aforefaid,
That if any perſon or perfons fhall forge or counterfeit any ex-
chequer-bills, which ſhall be made forth by virtue of this act, felony.
or be renewed or made forth in purſuance of this act, or any
endorſement or writing thereupon or therein, or tender in pay-
ment any fuch forged or counterfeited bill, or any exchequer-
bill made forth by this act with ſuch counterfeit endorſement or
writing thereupon or therein, or fhall demand to have fuch
counterfeit bill, or any exchequer-bill with fuch counterfeit en-
dorſement or writing thereupon or therein, exchanged for ready
money, by any perfon or perfons, body or bodies politick or cor-
porate, who fhall be obliged or required to exchange the fame,
purſuant to this act, knowing the bill ſo tendred in payment, or
demanded to be exchanged, or the endorſement or writing
thereupon or therein, to be forged or counterfeit, and with in-
tent to defraud his Majeſty, his heirs or fucceffors, or the ſaid
governor and company of merchants of Great Britain, or the faid
truſtees, or any of them, or any other perfon or perfons, body
politick or corporate, then every fuch perfon or perfons fo of-
fending (being thereof lawfully convicted) fhall be adjudged a
felon, and ſhall fuffer death as in cafes of felony, without bene-
fit of clergy.
XCII. And it is hereby further enacted, That the ſaid tru-
ftees ſhall from time to time have the ufe and cuftody of one Trustees to
part of all the cheques, indents or counterfoils of all the exche- have the che-
quer-bills to be current on this act, and from which the faid the bills, to be
ques, &c. of
bills fhall be cut, in order to prevent their being impoſed upon delivered back
by counterfeited or forged bills; and that fuch parts of the faid at the end of
cheques, indents or counterfoils fhall be delivered back into the the feven
receipt of the exchequer by the faid truftees for the time being,
at the end or fooner determination of the faid term of ſeven
years.
years.
XCIII. Provided always, and it is hereby enacted, That as No intereſt to
often as any intereft upon the exchequer-bills to be made forth, a leffer fum
by virtue of this or any other or further act or acts, as aforesaid, than a penny.
ſhall be demanded to be paid by the ſaid truſtees for the time
being, they ſhall not be obliged to pay for ſuch intereſt to any
leffer fum than one penny upon fuch bill, in cafe a ſingle bill be
produced for payment, or for the total of the intereft of ſuch
bills, where two or more fhall be offered at one time by the
fame perfon; any thing herein contained to the contrary not-
withstanding.
XCIV. Provided alſo, and it is hereby declared and enacted
by the authority aforefaid, That if at any time or times hereaf- made by par-
If proviſion be
ter provifion fhall be made by authority of parliament of fo much liament of mo.
money, in the lawful coins of this kingdom, as ſhall be ſufficient ney to dif
to pay off and diſcharge all the principal and intereft which charge the
hall be due upon the faid exchequer-billls to be made forth by part thereof,
bills, or any
virtue the fame to be
哈
​202
[1719.
Anno fexto GEORGII I. c.4.
1.
applied there-
to.
If the bills be
"
virtue of this act, as aforesaid, or any proportion thereof at a
time; and if by like authority the fame coined monies fhall be
actually brought and paid into the receipt of exchequer for that
purpoſe, then the fame fhall be applied for or towards the pay-
ing off and diſcharging the ſame bills, or fuch proportion there-
of, fo far as fuch money will extend, by paying to the refpective
bearer or bearers of the fame bill or bills then ſtanding out, the
principal and intereft which ſhall be due thereupon, and by
placing the fame coined money, or any part thereof, in lieu of
any the faid exchequer-bills to be made forth by virtue of this
act, which ſhall then be in the office or offices of any
teller or
tellers of the exchequer to anfwer fuch payments, whereunto the
fame bills foremaining in fuch office or offices fhall then be legally
ſubject or liable; which payments ſhall be anſwered with the faid
money in fpecie, under fuch penalties, forfeitures and difabilities.
as are preſcribed by any former laws or ftatutes concerning the
money for which fuch bills did lie in the exchequer, to prevent
the diverting or mifapplying the fame; and from and after fuch
payments to the bearer or bearers, or fuch placing of money in lieu
of bills in the faid office or offices of the faid teller or tellers to
anſwer fuch payments, as aforefaid (and not fooner) the ſeveral
and reſpective bills themſelves which ſhall be ſo paid off, or for
which coined money fhall be fo placed, fhall be cancelled; and
the faid governor and company of merchants of Great Britain,
and their fucceffors fhall repay to the reſpective tellers fo much
intereſt as remained due upon the fame bills reſpectively, at the
time or times when they were laft paid into the exchequer before
the cancelling thereof; any thing in this or any former act or
acts of parliament to the contrary notwithſtanding.
XCV. And be it enacted by the authority aforefaid, That if
not diſcharged
before the faid twenty fourth day of June one thouſand ſeven
by :4 June hundred and twenty feven, coined money fhall not be raiſed and
1727.they fhall brought into the exchequer, fufficient to pay off and difcharge
be diſcharged all the faid exchequer-bills which fhall be made forth by virtue
by the finking
fund.
of this act, that then and in fuch caſe, from and after the faid
twenty fourth day of June one thoufand feven hundred and
twenty feven, the faid exchequer-bills to be made forth by vir-
tue of this act, or ſo many of them as fhall not have been paid
off and diſcharged by fuch coined money, as aforefaid, fhall be
and are hereby charged upon and made payable by and out of
the first money which fhall, after the faid twenty fourth day of
June one thouſand ſeven hundred and twenty feven, ariſe into
the exchequer for or by the aforefaid furpluffes, exceffes, and o-
verplus monies herein before denominated the finking fund, or
by or out of monies to be raiſed thereon by way of loan,
after the ſaid twenty fourth day of June one thouſand ſeven
hundred and twenty feven, and the fame bills, or fuch of them
as ſhall ſo remain unfatisfied, fhall be cancelled and diſcharged
in ſuch manner as the commiffioners of the treaſury, or three
or more of them, or the high treaſurer for the time being fhall
direct; any former law or ftatute to the contrary notwithſtanding.
XCVI. Pro-
1719.]
203
Anno fexto GEORGII I. C. 4.
Directors with
which fhall be
after 24
made forth by
XCVI. Provided always, and be it enacted, That the court
of directors of the faid governor and company of merchants of confent of the
Great Britain, for the time being, (with the confent and appro- treasury may,
bation of the commiffioners of the treaſury, or any three or more after thefeffion
of them, or the high treaſurer for the time being, and not o- of parliament
therwiſe) may at any time or times after the end of the feffion after 21 June
of parliament which fhall next happen after the twenty fourth 1721,
day of June one thouſand feven hundred and twenty one, by
writing to be figned by the ſecretary of the fame court, and to
be affixed upon the exchange of London, and by publication in declare, that
the London Gazette, declare and direct, if they fhall fo fee caufe, the bills to be
and think fit, the faid bills to be made forth by virtue of this act, this act, fhall
or any number or part of them, to carry a higher intereft than carry a higher
the ſaid rate of two pence per centum per diem, for fuch time or rate of intereft.
times as ſhall be mentioned in fuch writing or writings and pub-
lication, as aforefaid, fo as the whole intereft on fuch bills do
not exceed the rate of three pence per centum per diem: and for Treafury at
the greater accommodation and eaſe of paying the bills to be the request of
made forth by virtue of this act, or any of them, to the recei- the company
vers and collectors of the publick revenues, and into the receipt may make
of exchequer, the faid commiffioners of the treasury, or any three without bear-
or more of them, or the high treaſurer for the time being, have ing interest.
hereby power, at the request of the faid court of directors of
the governor and company of merchants of Great Britain for the
time being, to make forth, or caufe to be made forth, any of
the faid exchequer-bills to be made forth by virtue of this act,
without bearing any intereft; yet nevertheleſs thofe bills fo made
forth without bearing any intereft, may from time to time, be
made to carry ſuch intereſt not exceeding the faid rate of three
pence per centum per diem, as the court of directors of the fame
company ſhall by writing figned by the faid fecretary, and to be
affixed upon the exchange of London, and publiſhed in the London
Gazette, fignify and declare in that behalf.
forth bills
If before 24
XCVII. Provided always, and be it enacted by the authority
aforeſaid, That if at any time or times before the faid twenty fourth June 1727. any
day of June one thouſand ſeven hundred and twenty feven, any further exche-
exchequer-bills, or bills in the nature of exchequer-bills, fhall quer-bills be
be made forth or be current in the publick revenues or exche- made forth by
quer of Great Britain, or any part thereof, by authority of par- the company
parliament,
liament (other than and except fuch exchequer-bills as fhall be thall not be o-
made forth by virtue and in purſuance of this act; and other bliged to ex-
than and except fuch exchequer-bills, or bills in the nature of change them.
exchequer-bills, as ſhall be iffued by virtue of any other act of
this feffion of parliament; and other than, and except fuch ex-
chequer-bills, or bills in the nature of exchequer-bills, as fhall
be circulated by virtue of any future act or acts of parliament
upon the credit of the exchequer, or of the publick money which
fhall be brought into the exchequer, or of fuch money which
the commiffioners of the treaſury, or high treaſurer for the time
being, fhall be impowered by parliament to borrow, to fupport
the currency of fuch exchequer-bills) then from and after fuch
cur-
204
[1719.
Anno fexto GEORGII I. c. 5.
act.
currency of any exchequer-bills, or bills of the nature of exche-
quer-bills (other than and except, as aforefaid) the faid governor
and company of merchants of Great Britain, and their fuccef-
fors, ſhall not be obliged to furnish money for exchanging
any exchequer-bills, purſuant to this act, or to bear or pay any
intereft, or proportion of intereft, which from thenceforth fhall
grow due thereupon; any thing in this act contained to the con-
trary notwithſtanding.
Treaſury, out
XCVIII. Provided alfo, and it is hereby enacted by the au-
of the finking thority aforefaid, That the ſaid commiffioners of the treaſury,
fund, to defray or any three or more of them, or the high treaſurer for the time
the charges of being, fhall have power, and he or they are hereby enabled to
executing this
pay and allow, or caufe to be paid and allowed, out of the monies
to ariſe of or for the faid furpluffes, exceffes, and overplus mo-
nies, commonly called the finking fund, or of or for the increaſe
thereof, to be made in confequence of this act, from time to
time, as well to the reſpective managers and directors to be con-
ſtituted for taking in the above mentioned annuities and debts,
and performing fuch other matters as are by this act required
to be performed by fuch managers and directors, and to the
perfons who ſhall be appointed for taking the faid orders and
tickets, and for performing fuch other matters as are by this act
required to be performed by them, and to the ſaid truſtees, who
fhall be appointed for exchanging the faid exchequer-bills, and
for performing ſuch other matters as are by this act required to
be performed by thoſe truſtees refpectively, fuch falaries and al-
lowances for the charges, pains and fervice of themfelves, and
thoſe who ſhall be employed under them reſpectively in thoſe re-
ſpective truſts, as they the faid commiffioners of the treaſury, or
any three or more of them, or the ſaid high treaſurer for the
time being ſhall, from time to time, think juſt and reaſonable in
that behalf; and alſo to pay and allow, or caufe to be paid and
allowed out of the fame monies arifing as aforefaid, the neceffary
charges for taking in and cancelling the refiduary exchequer-
bills, and making forth new bills in lieu thereof, purſuant to
this act; and to allow and pay, or caufe to be allowed and paid
out of the faid money to arife as aforefaid, any reaſonable charges
for books, clerkship, or other matters and things which fhall be
neceffarily incident in or for the execution of this act, or any
part thereof, by or by the order or direction of ſuch perſon or
perfons as ſhall be appointed thereunto, or employed therein by
them the faid commiffioners of the treaſury, or any three or more
of them, or by the faid high treaſurer for the time being, and
not otherwife; any thing in this or any other law or ftatute
whatſoever to the contrary notwithſtanding.
CAP. V.
An act for the better fecuring the dependency of the kingdom
of Ireland upon the crown of Great Britain,
HEREAS the house of lords of Ireland have of late, againſt
law, affumed to themſelves a power and juriſdiction to examine,
WH
correct
1719.]
205
Anno fexto GEORGII I. c. 6.
1
correct and amend the judgments and decrees of the courts of justice in
the kingdom of Ireland: therefore for the better fecuring of the
dependency of Ireland upon the crown of Great Britain, may it
pleaſe your moſt excellent Majefty that it may be declared, and
be it declared 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 the faid kingdom of Ireland hath been, is, The kingdom,
and of right ought to be ſubordinate unto and dependent upon the of Ireland is
mperial crown of Great Britain, as being infeparably united and fubordinate to
annexed thereunto; and that the King's majefty, by and with The King and
the advice and confent of the lords ſpiritual and temporal and parliament of
commons of Great Britain in parliament affembled, had, hath, Great Britain
and of right ought to have full power and authority to make laws may make
and ftatutes of fufficient force and validity, to bind the kingdom Ireland.
and people of Ireland.
Great Britain.
laws to bind
diction to
II. And be it further declared and enacted by the authority The houfe of
aforefaid, That the houſe of lords of Ireland have not, nor of lordsof Ireland
right ought to have any jurifdiction to judge of, affirm or re- have not jurif
verfe any judgment, fentence or decree, given or made in any judge of, af-
court within the faid kingdom, and that all proceedings before firm or reverfe
the ſaid houſe of lords upon any fuch judgment, fentence or de- any judgment,
cree, are, and are hereby declared to be utterly null and void to &c. given in
all intents and purpoſes whatſoever.
"
CAP. VI.
any court
there; and
their proceed-
ings thereon
An alt for preventing the carriage of exceffive loads of meal, are void.
malt, bricks and coals, within ten miles of the cities of Lon-
don and Weſtminſter.
W
HEREAS one great decay of the roads within ten miles of
the cities of London and Weſtminſter, is occafioned by the
very great loads of meal, malt, bricks and coals, of late brought and
carried to and from the faid cities: for preventing of which, be it
enacted by the King's moft excellent majefty, by and with the
advice and confent of the lords fpiritual and temporal and com-
mons, in this prefent parliament affembled, and by the authority
waggons, &c.
whole wheels
arebound with
iron ftreaks,
more than I
London, &c.in
of the fame, That from and after the twenty fifth day of March After March
one thouſand ſeven hundred and twenty, no perſon or perfons 25, 1720. none
ſhall or may carry, at any one load, in the faid cities of London fhall carry at
and Westminster, or within ten miles thereof, in waggons or carts one load in
having their wheels fhod or bound with tire or ftreaks of iron,
more than twelve facks of meal, each fack containing five bufhels
and no more, nor more than twelve quarters of malt, nor more
than ſeven hundred and a half of bricks, nor more than one chal-
der of coals; and if any perfon or perfons fhall offend herein, facks of meal,
they, or any of them, fhall forfeit and loſe any one of the horſes, &c. on forfei-
together with the gears, bridles and halters therewith uſed, to any ture of one of
perfon or perfons that fhall feife or diftrain the fame, in fuch the horſes, &c.
manner and to fuch uſes, as the penalties and forfeitures are di- as by 5 Geo. 1.
rected to be levied and applied by an act paffed the laft feffion of c. 12.
tobe recovered
par- 18Geo.2.c.330
206
[1719.
Anno fexto GEORGII I. C.7,-10.
1
M
#
parliament, intituled, An act for the making more effectual the feve-
ral acts paſſed for repairing and mending the highways of this kingdom.
Geo. 1. c. 7.
Geo. 1. c.19.
CAP. VII.
An act for laying a duty of two pennies Scots, or one fixth part of a penny
Sterling, upon every pint of ale or beer that fhall be vended or fold
within the town of Montrofe and privileges thereof, for fupplying the faid
town with freſh water, and for other purpoſes therein mentioned.
After June 24, 1720. for the term of 25 years, &c. a duty of two pennies
Scots laid on every Scots pint of beer, &c. brewed, &c. in the town of
Montrofe, The trustees, with the confent of the overfeers, may farm out
the duty. Continued by 7 Geo. 2. c. 5.
CAP. VIII.
An act for laying a duty of two pennies Scots, or one fixth part of a penny
Sterling, upon every Scots pint of beer or ale vended or fold within the
town of Bruntifland and liberties thereof, for increafing the publick
revenue of the ſaid town, and for other purpoſes therein mentioned.
After June 24, 1720. for 25 years, &c. a duty of two pennies fhall be paid
for every Scots pint of ale and beer, brewed, &c. in the town of Brunt-
ifland, payable by the brewers, &c. Trustees may mortgage the duty as
a fecurity for money, which ſhall be applied only to the purpoſes in this
act. Truſtees, with the confent of the overfeers, may farm out the duty.
Revived by 20 Geo. 2. c. 26.
CAP. IX.
An act for laying a duty of two pennies Scots, or one fixth part of a penny
Sterling, upon every Scots pint of beer and ale that ſhall be vended or
fold within the town of Pittenween and liberties thereof, for repairing
the harbour there, and for maintaining other publick works of the faid
town.
After June 24, 1720, for 25 years, &c. a duty of two pennies Scots ſhall be
laid on every Scots pint of ale and beer brewed, &c. in the town of Pit-
tenween. Truſtees may affign the duty as a fecurity for money; which
hall be applied only to the fame purpoſes, as the duty by this act is di-
rected.
CAP. X.
An act for making forth new exchequer-bills not exceeding one
million at a certain interest; and for lending the fame to
the South-Sea company at an higher intereft, upon fecurity
of repaying the fame and fuch high intereft into the exche-
quer for uſes to which the fund for leſſening the publick
debts (called the ſinking fund) is applicable; and for cir-
culating and exchanging upon demand the faid bills at or
near the exchequer.
I.
1. M
AY it pleaſe your most excellent Majefty, Whereas in and
by an act of parliament of the third year of your Majesty's
5Geo. 1. c.3.& reign, intituled, An act for redeeming the duties and revenues
For further pro-
which were ſettled to pay off principal and intereſt on the orders
vifions relating made forth on four lottery-acts paffed in the ninth and tenth
to this act, fee years of her late Majefty's reign, and for redeeming certain an-
7 Geo. 1. Aat. 1. nuities payable on orders out of the hereditary excife, according
c. 5. fect. 38. &
8 Geo. 1. c. 20. to a former act in that behalf; and for eſtabliſhing a general
yearly fund, not only for the future payment of annuities at fe-
veral rates, to be payable and transferable at the bank of England
1.6,
6.
and
:
1719.]
207
Anno fexto GEORGII I. C. IO.
i
and redeemable by parliament; but alfo to raiſe money for fuch
proprietors of the faid orders, as fhall chufe to be paid their
principal and arrears of intereft in ready money; and for making
good fuch other deficiencies and payments, as in this act are
mentioned; and for taking off the duties on linfeed imported and
British linen exported, it was enacted and declared, That the mo-
nies which ſhould from time to time arife by certain furpluses, exceffes
and overplus monies therein specified, bould be appropriated, referved
and employed to and for the difcharging the principal and intereft of
fuch national debts and incumbrances as were incurred before the twenty
fifth day of December one thousand feven hundred and fixteen, and
were declared to be national debts, and were provided for by act of par-
liament, in fuch manner and form as ſhould be directed or appointed by
any future act or acts of parliament to be difcharged therewith or out of
the fame: and whereas by an act of parliament of the fifth year of your 5 Geo.1.c.3.
Majesty's reign, intituled, An act for applying certain overplus
monies and further fums to be raiſed, as well by way of a lottery
as by loans, towards paying off and cancelling exchequer-bills,
and for leffening the prefent great charge in relation to thoſe
bills; and for circulating and exchanging for ready money the
refidue of the fame bills for the future, it was provided and en-
acted, That fo much of the faid exceffes, furpluffes or overplus monies
arifing quarterly after the feast of the annunciation of the Bleſſed
Virgin Mary which was in the year of our Lord one thouſand ſeven
hundred and nineteen, as fhould amount to the full fum of five hun-
dred and twenty thousand pounds (no loans having been made by that
act to supply the fame) ſhould and might be applied towards diſcharg-
ing and cancelling the principal and intereft due or to be due on the ex-
chequer-bills therein mentioned, until fuch time as the full fum or va-
lue of five hundred and twenty thousand pounds in principal and inte-
reft on fuch exchequer-bills ſhould be paid off, diſcharged and cancelled,
as by the faid feveral acts of parliament, relation being thereunto had,
may more fully appear; which monies fo arifing by the ſaid ſurpluſſ-
es, exceffes and overpluffes are commonly called the finking fund, and
are likely to be very much increased; and a confiderable part of the
faid fum of five hundred and twenty thousand pounds, out of the pro-
duce thereof, hath been applied towards difcharging and cancelling the
faid exchequer-bills, and the refidue of the faid five hundred and twen-
ty thousand pounds, as the monies of the faid fund fhall come into the
exchequer, will be applicable to the fame ufe, according to the tenor of
the ſaid act of parliament in that behalf: and whereas the fum of three
hundred twenty eight thousand fix hundred feventy three pounds four
Shillings and ten pence halfpenny was advanced by the governor and com-
pany of merchants of Great Britain trading to the South-Seas and o-
ther parts of America, purſuant to an act of the fifth year of your 5 Geo. 1. c. 19.
Majefty's reign, intituled, An act for redeeming the fund appro-
priated for payment of the lottery-tickets, which were made forth
for the ſervice of the year one thouſand ſeven hundred and ten,
by a voluntary fubfcription of the proprietors into the capital
ftock of the South-Sea company; and for raifing a fum of money
pay
off ſuch debts and incumbrances as are therein mention-
to
ed;
{
208
[1719.
Anno fexto GEORGI I. C. 10.
6 Geo. I. C. 4.
ed; and for appropriating the ſupplies granted in this feffion of
parliament; and to limit times for profecutions upon bonds for
exporting cards and dice, and the ſaid fum of three hundred twenty
eight thouſand fix hundred seventy three pounds four fillings and ten
pence halfpenny doth, on the fourth day of April one thousand feven
hundred and twenty, remain in the receipt of your Majesty's exchequer :
and whereas in order to the leffening the debts of this nation, it is
thought convenient that a power be given to the commiffioners of your
Majefty's treasury, or the high treaſurer for the time being, at any
time or times within one year, and from thence to the end of the then
next feffion of parliament, and by fuch proportions at a time as he or
they hall find to be most for the advantage of the publick, to make
forth or caufe to be made forth at the exchequer any number of new ex-
chequer-bills, fo as all the principal Jums to be contained therein do
not in the whole exceed one million of pounds (over and above the ex-
chequer-bills to be made forth pursuant to another act of this feffion of
parliament in that behalf;) and that the faid new exchequer-bills bear
an intereft not exceeding the rate of two pence per centum per diem;
and that as well the faid fum of money now remaining in the exchequer
as afcrefaid, as also the monies to ariſe quarterly by the faid furplus-
es, exceffes and overpluffes, commonly called the finking fund (after the
faid fum of five hundred and twenty thousand pounds fhall be applied
for difcharging and cancelling exchequer-bills as aforefaid, or reſerved
in the exchequer for that purpoſe) be made a fund or fecurity for an-
fwering all demands of principal and intereft which shall be fo autho-
rized to be made forth; and that the faid commiffioners of the trafury,
or high treaſurer for the time being, be alfo impowered to iffue fuch
new exchequer-bills, by way of loan or advance, to the company com-
monly called the South-Sea company, or to fome perfon or perſons in
truſt for them, the ſaid company giving fecurity upon their prefent or
to be increaſed annuity or weekly payment out of the exchequer, for
the repayment of the principal fum fo lent, with an intereft not exceeding
the rate of five pounds per centum per annum : now we your Ma-
jeſty's moſt dutiful and loyal fubjects, the commons of Great
Britain in parliament affembled, do therefore moft humbly be-
feech your Majefty, that it may be enacted, &c. EXP.
The commiffioners of the treaſury are authorized at any time within one
year,"from the tenth of May one thouſand ſeven hundred and twenty, and
to the end of the next feffion of parliament, to make exchequer bills, fo
as the principal fums do not exceed one million (over and above the ex-
chequer-bills which are to be current, purſuant to the act 6 Geo. 1. C. 4.)
and the faid bills fhall bear intereft two pence per centum per diem. Trea-
fury may lend fuch bills to the South Sea company at 51. per cent. on fe-
curity, &c. On non-payment, treaſury may flop the weekly payments to
the company. The finking fund appropriated for circulating the new
bills. Treafury may borrow money for circulating the new bills, at 51. per
cent. Tallies and orders to be ftruck for the fame, &c. What ſhall not
be interpreted undue preference. Orders affignable and transferrable.
Truſtees to exchange for ready money at their office all bills brought to
them. Ready money may be demanded for bills on which fix months in-
tereft is due. Trustees not incapacitated from being members of parlia-
ment. Theſe bills to be current in the revenue. If received at the exche-
quer, to be locked up as caſh. Receivers, &c. out of the monies in their
bands to exchange the bills. Tallies to be ftruck for fuch bills lent into the
exche.
1719.]
209
Anno fexto GEORGII I. c. 11.
exchequer. Intereft due on bills to be allowed by receivers, &c. No inte-
reft on the bills in the receivers hands, or in the exchequer. Perfons paying
bills to receivers, &c. to indorfe their names, and time when paid in; and
the time of re-iffuing to be indorfed. Bills re-iffued to bear the fame inte-
reft as when paid in. Receivers general to keep books for money received.
Penalty on receivers. Bills filled up by indorſement, &c. Exchequer tɔ
make forth new ones. Bills for large fums not exceeding 5000l. each, may
be iffued. Forging theſe bills, felony. Truftees to have the cheques, &c.
of the bills. If provifion be made by parliament of money to diſcharge
the bills or any part thereof, the fame to be applied thereto, &c. Treafu-
ry at the requeſt of the South-Sea company may make forth bills without
bearing intereft. Treafury out of the finking fund to defray the charges
of executing this act.
CAP. XÍ.
An act for laying a duty upon wrought plate; and for ap-
plying money arifing for the clear produce (by fale of the
forfeited eftates) towards anfwering his Majesty's fupply
and for taking off the drawbacks upon hops exported for
Ireland; and for payment of annuities to be purchaſed af-
ter the rate of four pounds per centum per annum at
the exchequer, redeemable by parliament; and for appro-
priating Supplies granted in this feffion of parliament; and
to prevent counterfeiting receipts and warrants of the offi-
cers of the South Sea company; and for explaining a late
àlt concerning foreign falt cellared and locked up before the
four and twentieth day of June one thouſand ſeven hun-
dred and nineteen; and to give a further time for paying
duties on certain apprentices indentures; and for relief of
Thomas Vernon, efq; in relation to a parcel of fenna im-
ported in the year one thouſand ſeven hundred and fixteen.
M
C. 20.
}
AY it pleaſe your most excellent Majesty, Whereas by feveral 28 Ed. 1. ſtats
laws and ftatutes of this realm now in force it is provided and 3
2 Hen. 6. c.14.
enacted, That no goldsmith, filversmith or other perfon whatsoever 4 Hen. 7. c. z.
ball work or make, or caufe to be wrought or made, any filver veffel, 18 Eliz. c. 15.
plate or manufacture of filver, lefs in fineness than that of eleven For the applica
ounces and ten-penny weight of fine filver in every pound Troy, nor tion of the fur-
put to fale, exchange or fell any filver veſſels, plate or manufacture from this act, fee
plus arifing
of filver (except as in the faid ftatutes, or fome of them, are feverally 7 Geo. 1.ftat.
excepted) until fuch time as fuch veffel, plate or manufactured filver 1. c.20. fečt. 2 ga
fhall be touched, affayed and marked at the refpective cities or places
in the faid ftatutes mentioned, and by fuch corporations, officers or
perfons as are thereby respectively intrufied for touching affaying and
marking the fame, under fuch pains, penalties and forfeitures as in
and by the fame laws and ftatutes are preferibed, as by the faid feve-
ral laws and ftatutes (relation being thereunto feverally had) may more
plainly and fully appear: and whereas it is found by experience, That
the filter vellels, plate and manufactures of filver, which were made
according to the old ftandard of eleven ounces and two-penny weight
of fine filver (which ſtandard was altered by an ast made in the
VOL. XIV.
P
eighth
210
Anno fexto GEORGII I. C. II.
[1719.
8 & 9 W. 3:
C. 8.
eighth year of the reign of your Majesty's royal predeceffor King
William the Third, of glorious memory, intituled, An act for en-
couraging the bringing in wrought plate to be coined, are more
ferviceable and durable than the filver veffels, plate and manufactures
of filver which have been made according to the faid ftandard of eleven
ounces and ten-penny weight of fine filver in every pound Troy: be
it therefore enacted by, the King's moſt excellent majeſty, by
and with the advice and confent of the lords fpiritual and tem-
poral and commons, in this preſent parliament affembled, and
The old ftand-by the authority of the fame, That the faid old ſtandard of eleven
ounces and two-penny weight of fine filver at leaft, to be contained
in every pound weight Trey of filver veffels, plate or other manu-
factures of filver made or to be made or wrought, after the firſt day
of June one thouſand ſeven hundred and twenty, fhall be restored,
revived and take place inſtead of the ſaid new ſtandard of eleven
ounces and ten-penny weight of fine filver at leaſt in every fuch
pound Troy.
ard of 1 oz.
2 d. wt. re-
ftored.
After 1 June
fmith, &c.
the new itan-
dard of 11 oz.
10d. wt. &c.
II. And be it enacted by the authority aforefaid, That from
1720, no gold- and after the laid first day of June one thouſand ſeven hundred
and twenty, no goldfmith, filverfmith or plate worker fhall be
obliged to
work any plate obliged, by force or virtue of the faid former laws and ftatutes,
according to or any of them, to work or make, or caufe to be wrought or
made any filver veffel, plate or manufacture of filver, according
to the faid new ſtandard of eleven ounces and ten-penny weight
of fine filver at leaſt in every pound Troy, or be reſtrained from
putting to fale, exchanging or felling any filver veffels, plate or
manufactures of filver, ſo as the fame do contain eleven ounces
and two-penny weight of fine filver at leaſt, in every pound
Troy, and be touched, affayed and marked in fuch manner and
form, as in and by the faid former laws and ftatutes, and by this
preſent act, are provided and eſtabliſhed for touching, affaying
and marking the fame.
After 1 June
fmith, &c. to
than 110Z.
2 d. wt.
+
III. Provided always, and it is hereby enacted by the autho-
1720, no gold-rity aforefaid, That from and after the faid first day of June one
work or put to thouſand feven hundred and twenty, no goldfmith, filversmith
fale any plate or other perfon whatfoever thall work or make, or cauſe to be
lefs in fineness wrought or made, any filver veffel, plate or manufacture of fil-
ver, leſs in fineness than that of eleven ounces and two-penny
12 Geo.2.c.26. weight of fine filver in every pound Troy, or thall put to fale,
exchange or fell any filver veffel, plate or manufacture of filver,
made after the ſaid firſt day of June one thouſand ſeven hundred
and twenty (unless it be filver wire, or fuch things as in reſpect of
their ſmallneſs are not capable of receiving a mark) until fuch
To be marked time as fuch veffel, plate or manufacture of filver fhall be touch-
as preſcribed ed, affayed and marked in manner and form preſcribed by the faid
for aflaying of laws and ftatutes, or any of them, for touching, afſaying and
the ſtandard of marking of the faid ftandard of eleven ounces and ten-penny
11 oz. 10d. wt. weight fine at leaft in every pound Troy, in cafe the fame ftand-
Which laws ard had continued; and that all and every the rules, directions,
are hereby powers, privileges, pains, penalties, forfeitures, claufes, mat-
continued.
ters and things, enacted or provided in or by any of the former
by the laws
2
laws
+
1719.]
211
Anno fexto GEORGII I. C. II.
+
laws and ftatutes of this realm, which at or until the time of
making this act were or are in force for preferving or fecuring
the ſaid ſtandard of eleven ounces and ten-penny weight of fine
filver at leaſt in every pound Troy, or for touching, affaying,
marking or allowing for good the filver plate of that ſtandard,
thall be continued, applied, practiſed and put in execution for
preferving and fecuring the ftandard of eleven ounces and two-
penny weight of fine filver at leaft in every pound Troy (by this
act revived and intended to be eftablished) and for the touching,
affaying, marking and allowing the fame, as fully and effectually
to all intents and purpoſes, as if the fame rules, directions,
powers, privileges, pains, penalties, forfeitures, clauſes, mat-
ters and things, were again particularly repeated and re-enacted
in and by this prefent act; any thing in the faid former laws or
fttatutes, or any of them, contained to the contrary notwith-
ſtanding.
ed, or made
IV. And we your Majefty's moft dutiful and loyal fubjects,
the faid commons of Great Britain in parliament affembled, be-
ing fully refolved to furnish ſuch ſupplies as are neceſſary for de-
fraying the expences and occafions of the publick, have for that
end and purpoſe cheerfully and unanimoufly given and granted,
and do by this act give and grant to your Majefty the feveral
and reſpective rates and duties herein after mentioned, for and
upon all filver plate to be made or wrought in Great Britain, or
to be imported or brought into the fame, and fuch further fum
and fums of money as are herein ſpecified and appointed, in
ſuch manner and form as are herein after more particularly ex-
preffed, do moſt humbly beseech your Majefty that it may be en-
acted; and be it enacted by the authority aforefaid, That there
fhall be raiſed, levied, collected, anfwered and paid unto and for From 1 June
the uſe of his Majeſty, his heirs and fucceffors for ever, (ſubject 1720, filver
nevertheleſs to ſuch redemption as in and by this act is after- plate import
wards provided in this behalf) for and upon all filver plate which in Great Bri-
ſhall be imported or brought into the kingdom of Great Britain, tain, to pay
and for and upon all filver plate to be made or wrought within 6d. per oz.
the fame kingdom, the feveral and reſpective rates or duties fol- Explained by
lowing; (that is to fay) For and upon all filver plate made or 7 Geo. 1. ftat.
1. c. 20. f. 34.
to be made, which at any time or times after the first day of
June one thouſand ſeven hundred and twenty fhall be imported
or brought into the faid kingdom of Great Britain (over and
above all other cuſtoms, fubfidies and duties already impofed
thereupon) a duty after the rate of fix pence for every ounce
Troy, and proportionally for greater or leffer quantities, to be
paid down in ready money by the importer thereof, from time
to time, before the landing of the fame; and for and upon all
filver plate which ſhall be made or wrought in Great Britain, or
at any time or times, from and after the ſaid firſt day of June
one thouſand ſeven hundred and twenty, fhall or ought to be
touched, affayed or marked in Great Britain as aforefaid, a duty
after the rate of fix pence for every ounce Troy, and proportion-
ally for any greater or leffer quantity, to be paid by the mak-
P 2
ers
,
[1719.
212
Anno fexto GEORGII I. C. Ir.
The duty on
plate import-
ed to be le-
vied as the
duty on gilt
or filver wire,
10 Ann. c. 26.
His Majesty
or treafury to
appoint com-
miffioners for
plate wrought
in Great Bri-
tain ;
ets or workers thereof reſpectively, and to be fecured to be paid
in fuch manner and form as in and by this act are afterwards
preſcribed in that behalf.
V. And be it enacted by the authority aforefaid, That the
faid duties by this act impofed upon wrought plate to be import-
ed ſhall be raiſed, levied, recovered and paid, and be brought
into the exchequer (to and for the ufes and purpoſes in this act
expreffed) by fuch rules, ways, means and methods, and under
fuch penalties and forfeitures, and with fuch allowances, and in
fuch manner and form, as the duties upon gilt and filver wire
imported, impofed by an act of the tenth year of the reign of
her faid late majefty Queen Anne, or by any act of parliament
relating thereto, are preſcribed and appointed to be raiſed, le-
vied, recovered, anfwered and paid.
VI. And for the better afcertaining, charging and ſecuring
the duty by this act fet and impofed upon filver plate to be made
or wrought, or to be touched, affayed or marked in Great Bri-
tain, as aforefaid; it is hereby further enacted by the authority
aforefaid, That fuch commiffioners or perfons as his Majefty, his
heirs or fucceffors, or the commiffioners of the treafury, or any
three or more of them, or the high treaſurer of Great Britain,
for the time being, fhall from time to time, by one or more
commiffion or commiffions for that purpoſe, appoint, fhall be
his Majeſty's commiffioners for the receipt and management of
the faid duties by this act fet and impofed upon the ſaid filver
plate, to be made or wrought in Great Britain, or to be touched,
affayed and marked as aforefaid; which faid commiffioners, or
the major part of them refpectively, fhall, and have hereby
power, by commiffions under their reſpective hands and feals, to
fubftitute and appoint under them fuch officers as fhall be re-
who are tofub- quifite in that behalf; and that the fame commiffioners and offi-
ftitute inferi-
or officers.
The money
arifing by this
duty to be paid
into the ex-
chequer.
Goldsmiths,
&c. to give
notice at the
next office
cers for the faid duties on wrought plate ſhall have out of thoſe
duties fuch falaries and rewards for their fervices therein, as the
faid commiffioners of the treaſury, or any three or more of them,
or the ſaid high treaſurer for the time being, ſhall think reaſon-
able to eſtabliſh and allow in that behalf; and that the reſpec-
tive commiffioners for the faid duties on wrought plate to be
made, touched, affayed or marked in Great Britain as aforefaid,
for the time being, thall from time to time caufe all the money
to arife of or for the ſaid duties on plate to be made, wrought,
touched, affayed or marked in Great Britain as aforefaid (the
neceſſary charges of management excepted) to be paid, as the
fame fhall arife, into the receipt of his Majeſty's exchequer in
England, for the uſes and purpoſes in this act expreffed.
VII. And be it further enacted by the authority aforefaid,
That every goldſmith, filversmith or other manufacturer, who
at any time or times after the faid first day of June one thoufand
feven hundred and twenty fhall work or make in Great Britain
any filver veſſel, plate or manufacture of filver, fhall give notice
in writing at the next office for the faid duties on wrought plate
forfeiture of of their respective names and places of abode, and of the houſes
of their names
and work-
houſes, on
aol.
or
?
1719.]
Anno fexto GEORGII I. C. Iг.
or places by them refpectively made ufe of for the working or
making of filver plate or manufactures of filver, upon pain to
forfeit the fum of twenty pounds for every offence in making or
working, or cauſing to be made or wrought, any fuch plate or
manufacture of filver in any houfe or place after the ſaid first
day of June one thouſand feven hundred and twenty, without
having firſt notified the fame as aforefaid.
213
•
VIII. And it is hereby enacted, That from and after the faid Goldsmiths to
firſt day of June one thouſand ſeven hundred and twenty, dur- enter at the
ing the continuance of the ſaid duty on wrought plate, all and next office
monthly, on
every the goldfmiths, filverfmiths and other manufacturers, who forfeiture of
ſhall make or cauſe to be made or wrought any plate liable to 100l.
the duty by this act intended to be charged thereupon, fhall
once in every month make a true entry in writing at the next
office for the faid duties of all the filver plate or manufactures
of filver by them ſeverally made or wrought within fuch month
reſpectively; which entry fhall contain the weight and kinds of
of all the filver plate and manufactures mentioned therein, and
how much thereof reſpectively was made in each week, on pain
to forfeit for every neglect of entry the fum of one hundred Entries to be
pounds; and every fuch entry fhall be made upon the oath of made on oath
the manufacturer or other perfon for whom the plate was made, or ſolemn af-
or of the chief workman employed therein, or (if he or she be firmation.
a Quaker) then upon his or her folemn affirmation to the beſt
of their reſpective knowledge and belief; which entries, oaths
and affirmations fhall and may be made with and adminiftred
by fuch officer or officers as fhall be appointed to take the fame,
without any fee or charge whatſoever.
duties in fix
weeks,
IX. And be it further enacted by the authority aforefaid, They are to
That every goldfmith, filverfmith and other perfon, who fhall clear off the
make and work, or cauſe to be made or wrought, any plate or
manufacture of filver liable to the faid duty by this act granted,
ſhall from time to time, within fix weeks after they refpectively
fhall make or ought to have made fuch entry as aforefaid, pay
and clear off all the faid duties for plate or manufactures of filver,
which shall be due from them refpectively, upon pain of for- on forfeiture
feiting double the fum of the faid duty whereof the payment of double the
duty.
ſhall have been fo refuſed or neglected.
houfes, &c. in
X. And it is hereby enacted, That all and every the officers Officers may
for the faid duties on wrought plate or manufactures of filver enter work-
fhall, at all times in the day-time, be permitted, upon his or the day-time
their requeſt, to enter the workhouſe or other place which thall to take an ac
be made ufe of by any maker or worker of fuch plate for the count of all
making or working of ſuch plate or manufactures of filver liable plate liable to
the duty,
to the faid duty, and to take an account of the juſt weight of
fuch filver plate or manufactures which thall have been fo made
or wrought from time to time; and ſhall thereof make return and make a
in writing to the faid commiffioners of the faid duty, or fuch as commiffion-
they ſhall appoint to receive the fame from time to time, leav- ers, leaving a
ing a true copy thereof (if demanded) with the maker of the faid copy with the
filver plate or manufactures, upon whom fuch return of the maker, on
P 3
faid
return to the
forfeiture of
405,
A
214
[1719.
Anno fexto GEORGII I. c. 1t:
Officers to be
fworn.
Makers to
faid officer fhall be a charge; and if the faid officer fhall refufe
to give or leave fuch copy (being demanded as aforefaid) every
fuch officer for every fuch offence fhall forfeit the fum of forty
fhillings to every fuch maker or manufacturer,
XI. Provided always, That every officer who fhall be impower-
ed to make ſuch charge as aforefaid, fhall in the first place be
fworn for the due and faithful execution of his office; which
oath ſhall and may be adminiftred by all or any the commiffion-
ers of the faid duty on plate, or by any juftice of the peace, who
fhall give to fuch officer a certificate thereof: and all perfons
keep juft fcales chargeable with the faid duty on plate are hereby required to
and weights, keep fufficient and juſt ſcales and weights at the place or places
feiture of 101. Where he, the or they do make fuch plate, and permit and affift
the officer to make uſe thereof for the purpoſes aforeſaid, under
the penalty of ten pounds, to be forfeited and loft for not keep-
ing fuch fcales and weights, or for not permitting and affifting
the officer to uſe the fame as aforefaid.
&c. on for-
Obftructing
officer, forfeits
zol.
Makers not to
without due
of 401.
XII. And be enacted, That if any maker or worker of plate
or manufactures of filver fhall obftruct or hinder any of the ſaid
officers in the execution of any the powers given to him or them
by this act, for afcertaining and fecuring the faid duties upon
plate or manufactures of filver, the perfon or perſons offending
therein ſhall for every fuch offence forfeit the fum of twenty
pounds.
XIII. And it is hereby further enacted, That no maker or
remove plate manufacturer, who fhall make or work or caufe to be made or
wrought any plate or manufacture of filver as aforefaid, after the
notice, on pain faid firft day of fune one thoufand feven hundred and twenty,
during the continuance of the faid duty, ſhall (under pain of
forfeiting forty pounds for every offence) remove, carry or fend
away, or fuffer to be removed, carried or fent away any ſuch
plate or manufacture of filver, by or for him, her or them made
or wrought, of which no account fhall have been first taken by
the proper officer of the faid duty, from the workhouſe or place
where the fame fhall have been made or wrought, without giv-
ing to the proper officer four and twenty hours notice at leaft of
his, her or their intention to remove, carry or fend away the
fame, that fo the faid officer (without his own wilful default)
may have time to weigh and take an account thereof.
Plate not fur-
veyed to be
kept feparate,
or pain of 10l,
XIV. And for better afcertaining the faid duties upon plate
and manufactures of filver hereby chargeable as aforefaid, it is
hereby enacted, That all perfons, by or for whom any fuch
plate or manufactures fhall be made or wrought, fhall from time
to time keep all the plate or manufactures of filver fo made or
wrought, and which ſhall not have been ſurveyed and taken an
account of, ſeparate and apart from all the filver plate or manu-
factures which fhall have been furveyed and taken an account
of as aforefaid, for the ſpace of four and twenty hours after the
making or working the fame, unleſs fuch plate or manufactures
of filver fhall have been fooner furveyed and taken an account of
by
1719.]
་
Anno fexto GEORGII I. c. in:
215
by the faid proper officer, on pain to forfeit for every offence
therein the fum of ten pounds.
XV. And it is hereby enacted, That if any of the ſaid per- Plate conceal-
fons, by or for whom any fuch plate or manufactures of filver ed forfeits zol.
ſhall be made or wrought as aforefaid, fhall fraudulently hide
or conceal, or caufe to be hid or concealed, any filver plate or
manufactures chargeable by this act, with intent to defraud his
Majefty, his heirs and fucceffors, then and in every fuch cafe
the offender fhall forfeit the fum of twenty pounds for every
fuch offence.
forfeited.
XVI. And it is hereby further enacted, That all plate and Plate found in
other manufactures of filver, which fhall be found in a private private work-
workhouſe, and all private utenfils for making or working fuch houſe, &c.
plate or manufactures, of which no notice fhall have been given
purſuant to this act, fhall be forfeited and loft, and the fame, or
the value thereof, fhall and may be feized and recovered by any
officer of the faid duty on plate and manufactures of filver, for
the King's uſe.
rear, &c.
XVII. And it is hereby further enacted by the authority afore- Plate and ma-
faid, That all fuch plate and manufactures of filver, and all the terials charge-
materials and utenfils for making the fame, in the cuftody of any able with the
maker or makers of fuch plate or manufactures, or any perfon duties in ar-
or perſons, to the uſe of or in truft for fuch maker or makers
of fuch plate or manufactures, fhall be liable and fubject to,
and are hereby inade chargeable with all the debts and duties.
for plate or manufactures of filver in arrear and owing by fuch
maker or makers, worker or workers refpectively, for any plate
or manufactures of filver made by him, her or them, or in his,
her or their work-houſes or places aforefaid, and alſo be ſubject
to all penalties and forfeitures incurred by fuch perfon or per-
fons, fo ufing ſuch work-houfe or other place, for any offence
against this act relating to the faid duty upon plate or manu-
factures of filver; and that it fhall and may be lawful in all fuch
cafes to levy debts and penalties, and ufe fuch proceedings, as
may lawfully be done in cafe the debtor or offender were the
true and lawful owner of the ſame.
and on deben-
XVIII. Provided always, and it is hereby enacted by the au- On oath that
thority aforefaid, That in cafe any perfon or perfons whatfoever the duty has
fhall, at any time or times after the faid first day of June one been paid,
thouſand ſeven hundred and twenty, during the continuance of ture from the
the duty by this act impofed upon wrought plate or manufactures cultomer, &c.
of filver, export by way of merchandize for any foreign parts, exporter of
any wrought plate or manufactures of filver by this act charged plate may
or chargeable with the faid duty of fix pence per ounce, and the draw back the
ſame ſhall appear to have been made or marked as aforefaid, 12 Geo 2.c. 26.
after the ſaid first day of June one thouſand feven hundred and
twenty, and fhall give fufficient fecurity before the ſhipping
thereof for exportation, that the particular quantities of fuch
plate or manufactures of filver, intended to be exported as afore-
faid, and every part thereof, fhall not be relanded or brought
again into Great Britain, and fhall make proof upon oath, or
duty.
1
P 4
by
216
[1719.
Anno fexto GEORGII I. c. II.
All the powers
in 12 Car. 2.
C. 24. and
other excife-
acts, to be in
force for ma-
naging theſe
duties.
All fines, &c.
as by the laws
of excife.
by fuch affirmation reſpectively, as aforefaid, that the fame fil-
ver plate or manufactures were actually made or marked as a-
forelaid, after the faid firft day of June one thouſand feven hun-
dred and twenty, (which fecurities fhall be taken in the King's
name, and to his ufe, and the ſaid oaths and affirmations ſhall
be adminiftred by the customer or collector of the refpec-
tive port for fuch exportation) that then and in every fuch cafe
the faid cuftomer or collector fhall give to the exporter thereof a
debenture expreffing the true kinds and quantities of fuch plate
and manufactures of filver fo exported, or fhipped to be export-.
ed; and the exportation or fhipping thereof being certified by
the fearcher upon the faid debenture, the collector or receiver
of the faid duty on plate (upon producing the faid debenture fo
certified to him) fhall forthwith pay a drawback or allowance,
after the rate of fix pence for every ounce of fuch plate or ma-
factures of filver out of the money of the faid duty on plate or
manufactures of filver then in the hands of fuch receiver or
collector, without fee or reward; and if fuch receiver or col-
lector ſhall not have money in his hands to pay any ſuch deben-
ture, then the refpective commiffioners of the faid duty upon
plate or manufactures of filver, are hereby required to pay or
cauſe to be paid, the faid debenture out of any the fame duties:
arifing by this act; any thing herein contained to the contrary
notwithſtanding.
XIX. And be it further enacted by the authority aforeſaid,
That all and every the powers, authorities, directions, rules,
methods, penalties, forfeitures, claufes, matters and things,
which in and by an act made in the twelfth year of the reign of
King Charles the Second, intituled, An act for taking away the
court of wards and liveries, and tenures in capite, and by knight's
fervice, and purveyance, and for fettling a revenue upon his Majesty
in lieu thereof, or by any other law now in force relating to his
Majeſty's revenues of excife upon beer, ale, or other liquors,
are provided, fettled or eſtabliſhed, for managing, raiſing le-
vying, collecting, mitigating or recovering, adjudging or afcer-
taining the duties thereby granted, or any of them, (other than
in fuch cafes for which other penalties or provifions are made
and preſcribed by this act) fhall be exercifed, practifed, applied,
uſed and put in execution, in and for the managing, raifing, le-
vying, collecting, mitigating, recovering, and paying the faid
duty upon plate or manufactures of filver hereby granted, dur-
ing the continuance of this act, as fully and effectually, to all in-
tents and purpoſes, as if all and every the faid powers, autho-
rities, rules, directions, methods, penalties, forfeitures, claufes,
matters and things, were particularly repeated and again enacted
in the body of this preſent ac.
XX. And be it further enacted by the authority aforefaid,
to be fued for That all fines, penalties and forfeitures in relation to the ſaid
duty by this act impofed upon plate or manufactures of filver,
fhall be fued for, levied and recovered, or mitigated, by fuch
ways, means and methods, as any fine, penalty, or forfeiture
is or may be recovered or mitigated by any law or laws of ex-
cife,
را
1719.]
217
Anno fexto GEORGII I. c. 11.
cife, or by any action of debt, bill, plaint or information in
any of his Majefty's courts of record at Westminster, or in the
court of feffion, court of jufticiary, or court of exchequer in
Scotland reſpectively, and that one moiety of ſuch fine, penalty
or forfeiture, relating to the faid duty on plate or manufactures
of filver, (not otherwife directed by this act) fhall be to his Ma-
jefty, his heirs and fucceffors, and the other moiety to him or
them that fhall diſcover, inform or fue for the fame.
diction as
commiffioners
XXI. Provided always, and it is hereby enacted by the au- Commiffion-
thority aforefaid, That ſuch perſons as fhall be, in purſuance ers for theſe
of this act, appointed commiffioners for the duty on plate or duties to have
manufactures of filver, to be made in England, Wales, or Ber- the fame jurif-
wick upon Tweed, fhall and may have and exerciſe the ſame or
or like jurifdiction, power and authority, and may adjudge, de- of excife.
termine, mitigate, or order, in all caufes and matters relating
to the ſaid duties on plate or manufactures of filver arifing with-
in the limits aforesaid, as the commiffioners of exciſe upon beer,
ale and other liquors, may or lawfully can exerciſe, adjudge, de-
termine, mitigate, or order in the like cafes or matters in rela-
tion to the faid duty of excife, by any law or ſtatute now in
force.
annuities.
XXII. And it is hereby enacted and declared by the autho- Duty on plate
rity aforefaid, That all the faid duties upon plate and other ma- chargeable
nufactures of filver, made or wrought in this realm, or import- with the year-
ed into the ſame, as aforefaid, fhall be liable to and chargeable ly fund for
with the yearly fund herein after mentioned, and all the annui-
ties to be payable out of the fame in purſuance of this act, ſub-
ject nevertheleſs to fuch redemption as is herein after mentioned;
and all the fame rates and duties upon plate and manufactures
of filver (except the neceffary charges before-mentioned) are and
fhall be appropriated thereunto, in fuch manner, that all the
monies which fhall, from time to time, be or remain due or in
arrear for and upon the fame annuities, or any of them, or for
any arrears thereof, if any fuch be, fhall from time to time, in
the first place, be paid and fatisfied out of the faid duties upon
plate or manufactures of filver, by this act granted, or ſo far as
the fame duties will extend, with preference to any other pay-
ments that ſhall or may hereafter be charged thereupon, and
under fuch penalties, forfeitures and diſabilities, as are hereafter
in this act contained in that behalf.
Commiffion-
ers and off-
XXIII. And to the end all the monies to arife by this act for
the faid duties upon plate and manufactures of filver may be cond
duly and certainly raiſed and brought into the faid receipt of ex- cers to be ap-
chequer for the purpoſes aforefaid, it is hereby further enacted pointed, who
by the authority aforefaid, That from time to time, during the are to be liable
continuance of this act, there fhall be appointed fuch and fo of 9 & 10 W,
to the penalty
many commiffioners of the cuſtoms and excife, and other offi-
cers as fhall be proper and neceffary for the raifing, and levying
the reſpective duties and fums of money by this act granted or
chargeable, and for keeping and rendring the accounts of the
fame; and that all receivers general, collectors, and other offi
cers, who are or fhall be concerned in the raifing, collecting,
receiving
:
3. C.44.
218
[1719.
Anno fexto GEORGII I. c. II.
*
receiving and paying the ſaid reſpective duties hereby granted,
or any of them, and keeping and rendring the feveral accounts
thereof, fhall perform their feveral duties therein, as to them
reſpectively thall appertain, under fuch and the like penalties,
forfeitures and difablities, for any offence or neglect therein, or
for detaining, diverting, or mifapplying any part of the faid
monies, as are preſcribed and to be inflicted by virtue of an act
of parliament made and paffed in the ninth year of the reign of
9 & 10 W. 3. his late majefty King William the Third, intituled, An act for
C. 44.
1
730001, the
Deficiency to
be made good
raiſing a fum, not exceeding two millions upon a fund for payment of
annuities after the rate of eight pounds per centum per annum,
and for fettling the trade to the Eaft Indies, for the like offence
or neglect relating to the duties on falt, and upon ftampt vel-
lum, parchment and paper thereby granted or referred unto, or
for detaining, diverting or mifapplying any part of the monies
which were granted or appropriated by the act laſt mentioned.;
XXIV. And be it enacted by the authority aforefaid, That
yearly fund. yearly and every year, reckoning the first year to begin the five
and twentieth day of March one thouſand ſeven hundred and
twenty, the full fum of thirteen thousand pounds per annum, by
or out of the monies to arife of or for the faid duties upon plate
or manufactures of filver, and to be brought into the receipt of
exchequer, as aforefaid, in cafe the fame fhall extend thereun-
to, ſhall be the whole and entire yearly fund; and in cafe all
the monies arifing into the exchequer of or for the faid rates and
duties upon plate and manufactures of filver, ſhall not amount
to thirteen thousand pounds per annum, then the monies ſo arifing,
fo far as the fame will extend, fhall be part of the yearly fund,
for or towards anſwering or paying all the feveral and reſpective
annuities herein after mentioned; and in caſe the ſaid rates and
duties upon plate and manufactures of filver ſhall at any time
or times appear to be fo deficient or low in the produce of the
fame, as that within any one year to be reckoned as aforeſaid,
the faid monies arifing into the exchequer for or upon account
of the fame rates and duties fhall not amount to fo much as
thirteen thousand pounds, or to fo much as fhall be fufficient to
diſcharge and fatisfy all the annuities by this act appointed or
intended to be paid within or for the fame year reſpectively, that
then and ſo often, and in every fuch caſe, ſo much as fhall be
deficient or wanting to make up the faid fund for every or any
fuch year, until the redemption thereof by parliament, accord-
ing to the provifo herein after contained in that behalf, fhall
be fupplied and made good, from time to time, out of the mo-
nies which fall, from time to time, arife by certain furpluffes,
exceffes, and overplus monies, commonly called the finking
fund, ſo as the fums which, from time to time, or at any time
fhall be ſupplied out of the faid finking fund, do not exceed the
monies which ſhall be faved by taking off the drawback of the
duties on hops exported, or ſhipped to be exported for Ireland,
purſuant to the claufes herein after contained in that behalf;
and if the fame fhall at any time exceed fuch faving, then the
refidue
out of the
finking fund,
&c.
1719.]
219
Anno fexto GEORGII I. c. 11.
refidue of fuch deficiency fhall be fupplied out of the then next or out of the
aids to be granted in parliament; any thing in any former or next aids in
other law or ſtatute contained to the contrary notwithſtanding. parliament.
XXV. And it is hereby enacted, That all the monies arifing The monies
by the ſaid duties on plate and manufactures of filver, for pay- arifing by the
ment of the ſeveral annuities, which ſhall be payable upon this entred in a
duty, to be
act, thall be fairly and duly entred in one or more book or books, book.
to be kept in the offices of the auditor of the receipt and clerk
of the pells for that purpofe, to which all perfons concerned,
at all ſeaſonable times, fhall have free accefs without fee or
charge.
the annuities-
XXVI. And for the raifing any fum or fums of money, not Any perfons
exceeding in the whole the fum of three hundred and twelve may be con-
thouſand pounds, towards his Majefty's fupply; it is hereby tributors for
further enacted by the authority aforefaid, That it fhall and may of 312,000l.at
be lawful to and for any perfon or perfons, natives or foreigners, 41. per cent.
bodies politick or corporate, to contribute, advance and pay
into the receipt of his Majefty's exchequer, for his Majeſty's
uſe, at or before the reſpective days and times in this act limit-
ed in that behalf, any fum or fums of money, not exceeding in
the whole the faid fum of three hundred and twelve thouſand
pounds, for the abfolute purchaſe of any certain annuity or an-
nuities, to commence from the five and twentieth day of March
one thouſand ſeven hundred and twenty, and to be paid and
payable to fuch contributor or contributors, or fuch as he, the
or they ſhall nominate, his, her or their executors, adminiftra-
tors, fucceffors and affigns refpectively, until the redemption
thereof by parliament, according to the provifo herein after con-
tained in that behalf, which certain annuities fhall be computed
at the rate of four pounds per annum for every one hundred
pounds, and proportionably for any greater fum fo to be advan-
ced and paid; and the purchaſe-money fo paid for every ſuch
annuity at the rate aforefaid, is hereby appointed to be paid
into the faid receipt of exchequer at or before the reſpective days
and times herein after limited; that is to fay, one fourth part Times of pay
thereof on or before the four and twentieth day of June in the ment.
year of our Lord one thouſand ſeven hundred and twenty; one
other fourth part thereof on or before the firft day of August in
the year of our Lord one thouſand ſeven hundred and twenty;
one other fourth part thereof on or before the first day of Oco-
ber in the year of our Lord one thouſand feven hundred and
twenty; and the remaining fourth part thereof on or before the
first day of December in the year of our Lord one thouſand feven
hundred and twenty; all which annuities fo to be purchafed,
ſhall be paid and payable at two of the moſt uſual feaſts or days
of payment in the year; that is to fay, the feaft of Saint Mi-
chael the archangel, and the annunciation of the bleffed Virgin
Mary, by even and equal portions; the firft payment thereof to
be due at the feaft of Saint Michael the archangel in the year of
our Lord one thouſand feven hundred and twenty.
XXVII. And
220
[1719
Anno fexto GEORGII I. C. II.
Books to be
provided for
entring the
contributors
names, and
the fums.
The annuities
XXVII. And it is hereby enacted, That in the offices of the
auditor of the receipt, and the clerk of the pell's in the exche-
quer, feverally, there fhall be provided and kept a book or books,
in which there fhall be fairly entred the names of all who fhall
be contributors for fuch certain annuities, as aforefaid, and of
all perfons by whofe hands the faid contributors (hall pay in any
of the faid fums upon this act, and alfo the fums fo paid for
fuch annuities, to which book it ſhall be lawful for the faid
reſpective contributors, their executors, adminiftrators and af-
figns, from time to time, and at all feaſonable times, to have re-
fort, and to inſpect the fame, without fee or reward.
XXVIII. And be it further enacted by the authority afore-
to be charged ſaid, That all and every the annuities fo to be purchaſed upon
on the duties this preſent act ſhall be and are hereby charged upon, and ſhall
arifing by this be paid and payable, from time to time, out of the money arifing
act, &c.
Annuities a
perfonal e-
itate and to
go to execu-
tors.
Tax-free.
Contributors
and orders
truck for
their an-
by the faid rates and duties, and other provifions made by vir-
tue of this act for the payment thereof; and that all and every
contributor and contributors upon this act, duly paying the con-
fideration or purchaſe-money at the rate aforefaid, at or before
the reſpective days or times in this act limited in that behalf,
for any fuch annuity or annuities, as aforefaid, or fuch as he,
The or they shall appoint, his, her, or their refpective executors,
adminiftrators, fucceffors and affigns, fhall have, receive and
enjoy, and be intitled by virtue of this act to have, receive and
enjoy the reſpective annuity and annuities, fo to be purchaſed
out of the monies by this act appropriated, until the redemp-
tion thereof by parliament, according to the provifo herein after
contained in that behalf, as is above-mentioned; and that all
and every fuch purchafers, their executors, adminiſtrators, fuc-
ceffors and affigns refpectively, fhall have good, fure, abfolute,
and undefeazible eftates and interefts in the feveral annuities fo
by them reſpectively to be purchaſed, according to the tenor and
true meaning of this act; and that all fuch eſtates and intereſts
of and in the ſaid annuities, and every of them, ſhall be, and
be adjudged, taken and accepted in conſtruction of law, and in
all courts of law and equity whatſoever, to be a perſonal and not
a real eſtate, and fhall go to the executors or adminiſtrators of
the perfon or perfons dying poffeffed thereof, intereſted therein,
or entitled thereunto, and not to the heirs of fuch perſon oriper-
fons; any law, cuftom or ufage to the contrary notwithſtand-
ing: and that all the faid annuities to be purchaſed on this act,
as aforefaid, and every of them, fhall be free from all taxes,
charges and impofitions whatſoever.
XXIX. And be it further enacted by the authority afore-
to have tallies faid, That every contributor upon this act for any fuch annuity
or annuities, as aforefaid, his, her or their executors, admini-
ſtrators, fucceffors or affigns, upon payment of the confideration
or purchaſe-money for the fame, at the rate aforefaid, or any
part or proportion thereof, into the faid receipt of exchequer,
within the time or times in this act limited in that behalf, ſhalĮ
immediately have one or more talley or tallies levied, import-
muities, &c.
ing
*
1719.]
221
Anno fexto GEORGII I. c. II.
!
ing the receipt of fo much purchaſe-money as ſhall be ſo paid,
and upon payment of all the purchaſe-money for any annuity
or annuities, at the rate aforefaid, every fuch contributor, his,
her or their executors, adminiſtrators, fucceffors or affigns re-
ſpectively, fhall have an order for paying the faid annuity and
annuities until the redemption thereof by parliament, according
to the provifo herein after contained in that behalf; which or-
der ſhall be ſigned by the treaſurer and under treaſurer of the
exchequer, or any three or more of the commiffioners of the
treaſury for the time being; and after the figning thereof the
fame fhall be firm, good, valid and effectual in the law, accord-
ing to the purport and true meaning thereof, and of this act,
and ſhall not be determinable by or upon the deaths or removal
of any treaſurer or under treaſurer of the exchequer, or any
commiffioner or commiffioners of the treafury or by or upon
the determination of the power, office or offices of them, or any
of them, nor ſhall any lord high treaſurer of Great Britain,
treaſurer of the exchequer, or any commiffioners of the treaſury
now or for the time being, have power to revoke, countermand,
or make void fuch orders fo figned, as aforefaid, or any of
them.
51. per cent.
1
XXX. And for the encouragement of the contributors to ad-
vance and pay readily into the receipt of the exchequer the fums for prompt
by them intended to be advanced upon this act: it is provided payment.
and enacted by the authority aforefaid, That every fuch con-
tributor, who fhall advance and pay into the faid receipt of ex-
chequer, within the times limited by this act, the purchaſe-
money payable for any ſuch annuity or annuities, as aforefaid,
his, her or their executors, adminiftrators, fucceffors, or affigns,
ſhall be allowed and paid out of the contribution money arifing by
this act, intereſt after the rate of five pounds per centum per annum,
for the prompt payment of the purchaſe money, or of fuch
proportions of the purchaſe-money, as fhall be fo advanced be-
fore the first day of December one thouſand ſeven hundred and
twenty; the ſaid intereft to be computed for the refpective fums
fo advanced and paid into the exchequer, from the time or re-
ſpective times of the actual advancing and paying the fame in-
to the exchequer, until the faid firft day of December one thou-
fand ſeven hundred and twenty.
devife their
XXXI. And be it further enacted, that it ſhall and may be Purchafers
lawful to and for any purchafer or purchaſers of any fuch an- may affign or
nuity or annuities, as aforefaid, his, her or their executors, ad- intereft in the
miniftrators, fucceffors or affigns, at any time or times during annuities, &c.
the continuance of his, her or their eftate or intereft of and in By 9 Geo. I.
the fame, by any writing under his, her or their hands and c. 12.
feals, or under the common feal of a corporation, or by his, her Alignments may
be made by in-
or their laft will in writing, to affign or devife his, her or their dorsement on
eſtate or intereſt of and in any fuch annuity, or any part thereof, the order.
to any perſon or perfons what foever, and fo totics quoties; and
no fuch affignment to be revocable, fo as an entry or me-
morandum
-222
[1719.
Anno fexto GEORGII I. C. II.
No purchaſe
unless one
morandum of fuch affignment or will be made in books to be
kept for that purpofe in the faid office of the auditor of the re-
ceipt, within the ſpace of three months after fuch affignment or
-death of the devifor: and that upon producing fuch affignment
or will, or probate thereof, in the faid office of receipt, to be
entred, as aforefaid, the party fo producing the fame fhall bring
therewith an affidavit taken before one or more of his Majeſty's
juſtices of the peace, of the due execution of the faid affign-
ment or will, which affidavits fhall be feverally filed in the faid
office, which faid entry or memorandum the proper officers in
in the faid receipt of exchequer are hereby required to make ac-
cordingly, and to file the faid affidavits; and in default of
fuch affignment, or devife by deed or will, the intereſt of ſuch
perſon or perſons fhall go to his or her executors or admini-
ftrators.
XXXII. Provided always, That no perfon or perfons what-
foever ſhall or may purchaſe or obtain, or be admitted to pur-
fourth part of chafe or obtain any fuch certain annuity or annuities, as afore-
the confidera- faid, for which exchequer-orders are to be made forth, as afore-
tion-money be faid, upon this act, unless the whole, or one fourth part at leaſt,
of the confideration-money for the fame, at ſuch rate, as afore-
faid, be advanced and paid into the faid receipt of exchequer,
on or before the twenty-fourth day of fune one thouſand feven
hundred and twenty,
paid by
24 June 1720.
Purchaſers not
paying in
their money
at the time
appointed,
forfeit what
paid in,
All receipts
and iſſues to
be without
fee.
.
XXXIII. Provided alfo, That in cafe any fuch contributor, as
aforefaid, who fhall, on or before the faid twenty-fourth day of
June one thouſand feven hundred and twenty, have advanced
into the exchequer, one fourth part of his, her or their purchaſe-
money, or his, her or their executors, adminiſtrators, fucceffors
or afligns, do not advance and pay into the faid receipt of ex-
chequer, one fourth part of his, her or their confideration-money
fo to be paid for fuch reſpective annuity or annuities, as afore-
faid, on or before the ſaid firſt day of August one thouſand ſeven
hundred and twenty; and one other fourth part thereof, on or
before the faid firſt day of October one thoufand feven hundred
and twenty; and the remaining fourth part thereof on or before
the faid firſt day of December one thouſand ſeven hundred and
twenty; then and in every fuch caſe reſpectively, no order ſhall
be drawn or figned for fuch refpective annuity for which the
confideration-money fhall not be fully paid, as aforesaid, but fo
much of the confideration-money as fhall have been actually
paid into the receipt of exchequer for fuch refpective annuity,
fhall be forfeited to his Majefty, his heirs and fucceffors, and
fhall be applied, together with other the monies to be raiſed by
this act, for fuch publick fervices, as aforefaid; any thing in
this act contained to the contrary notwithſtanding.
XXXIV. And be it further enacted, for the better encourag-
ing perfons to advance the ſaid ſum of three hundred and twelve
thousand pounds upon the reſpective terms and advantages in
this act mentioned, That all receipts and iffues, and all other
things directed by this act to be performed in the exchequer,
fhall
1719.]
223
Anno fexto GEORGII I. C. II.
ſhall be done and performed by the officers there, without de-
manding or receiving, directly or indirectly, any fee, gratuity
or reward for the fame, otherwife than by this act is appointed; Penalty on of
and in cafe the officers in the exchequer ſhall take or demand ficers offend-
ing.
any
fuch fee or reward, otherwife than by this act is appointed,
or fhall divert or mifapply any of the monies to be paid into
the receipt of the exchequer, for making up the aforefaid fund,
or fhall pay or iffue out of the fame otherwiſe than according to
the intent of this act, or fhall not keep books and regiſters, and
make entries, and do and perform all other things which by
this act they are required to perform, every fuch officer fhall
forfeit his office, and be for the future incapable of any office or
place of truft whatfoever, and fhall anfwer and pay treble da-
mages and costs of fuit to any contributor or perfon claiming
under him, that will fue for the fame, to be recovered by action
of debt, bill, plaint or information in any of his Majeſty's courts
of record at Weſtminſter, wherein no effoin, protection, privilege
of parliament, or other privilege or wager of law, injunction or
order of reftraint, or more than one imparlance ſhall be grant-
ed or allowed, and in the ſaid action the plaintiff upon recovery
fhall have full cofts; one third of which fum fo to be recovered
fhall be paid into the receipt of the exchequer, for the benefit
of his Majefty, his heirs and fucceffors, and the other two third
parts fhall be to and for the ufe of the profecutor.
incident
act.
XXXV. Provided always, and it is hereby enacted by the Treafury to
authority aforefaid, That out of the monies from time to time reward the
arifing at the faid receipt of exchequer, of or for the faid duties officers and
on plate or manufactures of filver hereby granted and appro- clerks, &c.
priated, as aforefaid, it fhall and may be lawful to and for the and difcharge
faid commiffioners of the treaſury, or any three or more of them, charges out of
or the high treaſurer for the time being, to reward the officers the monies to
and clerks in the exchequer, and others that fhall and may be arife by this
any way imployed in the execution of this act, in relation to
the faid annuities to be payable thereupon, for their labour,
pains and ſervice therein refpectively, and to diſcharge and fatis-
fy fuch incident charges as fhall neceffarily attend the execution
of the fame, in fuch manner as the commiffioners of the trea-
fury or any three or more of them, or the high treaſurer for the
time being fhall, from time to time, think fit and reaſonable in
that behalf; any thing in this act contained to the contrary not-
withstanding.
XXXVI. Provided alfo, and it is hereby further enacted, Surplus to be
That in cafe there fhall be any furplus or remainder of the referved for
monies arifing by the rates and duties granted by this act, at publick uſe.
the end of any year, for which the faid annuities are to be pay-
able, after all the annuities, charges and payments directed or
authorized by this act, fhall be fully fatisfied, paid and diſcharg-
ed, or money fufficient fhall be referved for that purpofe, fuch
furplus or remainder fhall be referved for the publick uſe, and
ſhall be difpofed and difpofeable by authority of parliament,
and not otherwife,
XXXVII. And
$
224
[1719.
Anno fexto GEORGII I. C. 11.
General iffue.
On publick
notice in the
gazette, and
on the ex-
change, at
any of the
quarterly
feaſt days,
ment of the
XXXVII. And it is hereby enacted by the authority afore-
faid, That if any perfon or perſons fhall at any time or times
be ſued or profecuted for any thing by him or them done or exe-
cuted in purſuance of this act, or of any matter or thing in this
act contained, ſuch perſon or perfons fhall and may plead the
general iffue, and give the ſpecial matter in evidence for his or
their defence; and if upon the trial a verdict fhall pafs for the
defendant or defendants, or the plaintiff or plaintiffs fhall be-
come nonfuited, then fuch defendant or defendants thall have
treble coſts to him or them awarded againſt ſuch plaintiff or
plaintiffs.
XXXVIII. Provided alfo, and it is hereby enacted by the
authority aforefaid, That at any time upon publick notice to
be printed in the London Gazette, and affixed upon the Royal
Exchange in London, by authority of parliament, at any of the
faid quarterly feaſt-days for payment of the faid annuities to be
payable out of the faid particular fund, not exceeding twenty
thousand pounds per annum; and upon repayment by parliament
and on repay-of the refpective principal fums for which the fame annuities
fhall be payable to fuch refpective perfons and corporations as
fhall be entitled to the fame annuities, and alſo upon full pay-
ment of all arrearages of the fame annuities, to be computed by
the day after the rate of four pounds per centum per annum, till
fuch actual repayment, then and not till then the fame annuities
ſhall ceaſe and determine; any thing herein contained to con-
trary notwithſtanding: and that any vote or reſolution of the
houſe of commons figned by the ſpeaker in writing, to be in-
ferted in the faid London Gazette, and affixed on the Royal Exchange
in London, as aforefaid, fhall be deemed and adjudged to be
fufficient notice within the words and meaning of this act.
principal,
then they are
to ceaſe,
and any vote
of the com-
mons figned
by the
fpeaker, fhall
be fufficient
notice.
XXXIX. And whereas by virtue of an act of parliament made
4 Geo. 2. c. 8. in the fourth year of your Majesty's reign, intituled, An act for veft-
ing the forfeited eftates in Great Britain and Ireland in truſtees,
to be fold for the uſe of the publick; and for giving relief to law-
ful creditors by determining the claims; and for the more ef-
fectual bringing into the reſpective exchequers the rents and
profits of the faid eftates till fold, and by feveral other acts of par-
liament relating to the faid forfeited eftates, feveral fums of money have
already been raiſed and paid into the receipts of the respective exche-
quers of England, Scotland and Ireland, or ſome of them, and feve-
ral confiderable fums of money arifing or to arife of or for the faid for-
feited eftates, are expected to be brought and paid into the faid exche-
quers refpectively: now we your Majefty's faid dutiful and loyal
fubjects, the faid commons of Great Britain in parliament af-
fembled, for defraying your Majeſty's publick expences and oc-
cafions before-mentioned, have further given and granted, and
do by this act give and grant to your Majefty the full fum of
two hundred thouſand ſeven hundred thirty feven pounds four-
teen fhillings and nine pence farthing, to be taken out of the
clear produce of the forfeitures for treafon, ariſen or to ariſe in-
to the receipts of the faid exchequers, every or any of them,
QYST
1719.]
225
Anno fexto GEORGII I. C. II.
forfeited
14 S.
over and above the falaries and other charges payable for the
recovery of the faid forfeitures; and do moft humbly befeech
your Majefty that it may be enacted; and be it enacted by the
authority aforefaid, That the ſaid ſum of two hundred thouſand
200,7371.
ſeven hundred thirty feven pounds fourteen fhillings and nine
9 d. 1 q. out of
pence farthing, by fuch proportions at a time as the commif- the clear pro-
fioners of his Majefty's treaſury, or any three or more of them, duce arifing
or the high treaſurer for the time being, fhall find moft con- by fale of the
ducible to the publick ſervice, ſhall and may be taken and ap- eftates, to be
plied out of the clear produce of the forfeitures for treafon, arifen applied to-
or to ariſe into the receipt of his Majeſty's exchequer, over and wards his Ma-
above the faid falaries and other charges payable for the reco- jetty's publick
very of the faid forfeitures; and the faid commiffioners of the expences.
treaſury, or any three or more of them, or the high treaſurer
for the time being, are hereby authorized and impowered to
iffue and apply, or caufe to be iffued and applied, the fame ac-
cordingly; any former law or ftatute to the contrary notwith-
ſtanding.
draw-backs
Ann.c.12.
1 Geo. 1. ftat.
I
XL. And whereas certain duties upon hops were by an act of par- Claufe for tak
liament made in the ninth year of the reign of her late majesty Queen ing off all the
Anne, of bleſſed memory, intituled, An act for laying a duty upon upon hops ex-
hops, impofed for the term of four years, reckoned from the first day ported for Ire-
of June one thousand feven hundred and eleven, and were by an act land.
of the first year of your Majesty's reign continued until the first day of 2
Auguſt one thouſand feven hundred and fifteen; and by another act of lect. 22.
the fame year were granted to your Majesty, your heirs and fucceffors c. 2.
for ever, fubject nevertheless to redemption by parliament: in and by 1 Geo. 1. ftat,
which acts, or fome of them, (amongst other things therein contained) 2. c. 12. fect. 5,
it was provided, That it should and might be lawful to and for any
perfon or perfons, who should have actually paid the duty thereby pay-
able for any quantity af hops whatsoever of British growth, and to
and for any other perfon or perfons, who should buy or be lawfully en-
titled to any fuch quantity of hops of British growth from the faid
perfon or persons who actually paid the faid duty for the fame, to ex-
port fuch hops, being of British growth, for Ireland by way of mer-
chandize; and that upon giving fuch fecurity, and performing fuch
other requifites as by the faid acts, or fome of them, are preferibed,
the customer or collector of the port where fuch hops fhall be exported,
Shall give to the exporter a debenture expreffing the true quantity of
the British hops fo`exported; and that upon fuch debenture the faid
duty fhall be repaid, or the fecurity for the fame be difcharged in the
manner and form thereby prefcribed, as by the faid acts of parliament,
relation being thereunto feverally had, may more fully appear: and
whereas the faid duty upon hops of British growth is very moderate,
and fuch hops exported for Ireland may reaſonably bear the fame duty
which is charged upon thoſe confumed in Great Britain: now we
your Majefty's faid dutiful and loyal fubjects, the commons of
Great Britain in parliament affembled, being minded and de-
firous to improve the publick revenues, which are applicable to
the diſcharging of publick debts and incumbrances, do further
humbly pray your Majefty, that it may be enacted; and be it
VOL. XIV,
enacted
:
1
226
[1719.
Anno fexto GEORGII I. C. 11.
enated by the authority aforefaid, That the faid duty upon
hops of British growth, or any part thereof, fhall not be repaid
or drawn back for any fuch hops which fhall be exported or
Thipped to be exported for Ireland, at any time or times after the
first day of June one thoufand feven hundred and twenty; and
that no debenture or certificate ſhall be granted or made forth
for or in order to the repayment or drawing back of the fame
duty for or upon any fuch hops fo exported or ſhipped to be
exported for Ireland after the faid first day of June one thouſand
ſeven hundred and twenty; but fuch drawback or repayment
from thenceforth fhall ceafe and determine; the faid recited acts
of parliament, or any other law or ftatute to the contrary not-
withſtanding.
XLI. And whereas it may be requifite for encouraging the ſeveral
manufactures of wrought plate, to continue both the standard of plate.
of eleven ounces ten-penny weight Troy, and alfo the ftandard of
eleven ounces two-penny weight Troy, for the better accommodating.
the buyers of plate and the workers and dealers therein: be it there-
The two diffe- fore enacted by the authority aforefaid, That from and after the
rent ſtandards first day of June one thouſand ſeven hundred and twenty all fil-
of wrought
ver veffels of plate or manufactured of filver fhall not be made
plate continu-
leſs in fineness than that of eleven ounces ten-penny weight of
ed.
fine filver in every pound Troy, or of filver lefs in fineness than
eleven ounces two-penny weight of fine filver in every pound
Troy; which two different ftandards of wrought plate fhall be
feverally and reſpectively marked with diftinguishing marks,
The diftin-
(that is to fay) veffels made of filver plate or manufactured fil-
guithing
marks for the ver not lefs in fineness than eleven ounces ten-penny weight of
two fandards. fine filver in every pound Troy, to be marked with the work-
man's mark, the mark of the wardens of the mystery or craft
of the goldfmiths, and with the figure of a lion's head eraſed,
and the figure of a woman called the Britannia; and all veffels
of filver plate or manufactured filver not lefs in fineness than
eleven ounces two-penny weight of fine filver in every pound
Troy, and under the degree of eleven ounces ten penny weight
of fine filver in every pound Troy, fhall be marked with the
No plate to be workman's mark, and the wardens of the myſtery or craft of
of a coarfer goldfmiths as aforefaid, and with the figure of a lion paſſant,
allay. and the figure of a leopard's head; and that it fhall not be law-
ful to make any veffels of filver plate or manufactures of filver
of a coarſer allay than what is herein ſpecified, under the pe-
nalties and forfeitures prefcribed by any of the laws now in be-
ing concerning wrought plate; any thing in this act or any
Not to invali- Other act or acts to the contrary notwithſtanding.
date the pro-
vifion of
20,000l. for
erecting
fchools in the
highlands.
4 Geo. 1. c. 8.
let. 32.
XLII. Provided always, and be it enacted by the authority
aforefaid, That nothing in this prefent act contained fhall be
conftrued any way to invalidate or infringe a provifion made by
an act paffed in the fourth year of his Majefty's reign for appro-
priating a fum not exceeding twenty thousand pounds, to be
applied towards erecting and maintaining fchools in the high-
lands of Scotland, nor to alter the order and manner appointed
by the faid act for raiſing the ſaid fum out of the monies which
fhall
}
1719.] Anno fexto GEORGII I. C. II.
227
fhall arife by fale of the forfeited eftates in Scotland; any thing
in this preſent act to the contrary notwithſtanding.
ed this feffion.
XLIII. And be it enacted by the authority aforefaid, That Appropria-
all the monies lent and to be lent to his Majefty upon one act tion of the
of this feffion of parliament, intituled, An act for granting to his money grant.
Majefty an aid by a land-tax to be raised in Great Britain, for the 6 Geo. 1. c. 1.
Service of the year one thousand feven hundred and twenty, and fo
much money (if any ſuch be) of the tax thereby granted, as
fhall arife and remain after all the loans made or to be made
on that act, and the intereft thereof, and the charges thereby
allowable for raiſing the ſaid tax ſhall be ſatisfied, or monies
fufficient ſhall be referved to diſcharge the fame; and all the
monies lent or to be lent to his Majefty upon an act of this
ſeſſion of parliament, intituled, An act for continuing the duties on Geo. 1, C. 2.
malt, mum, cyder and perry, for the fervice of the year one thousand
Seven hundred and twenty; and for enabling the lords commiffioners of
his Majesty's treasury to call in fuch exchequer-bills as are to be can-
celled and difcharged with money appointed for that purpoſe, and fo
much of the duties on malt, mum, cyder and perry thereby
granted or continued, as ſhall ariſe and remain (if any ſuch be)
after all the loans made or to be made on the fame act, or thereby
transferred or directed to be transferred thereunto, and all the in-
tereſt thereof, and the charges thereby allowable for raiſing the
fame duties fhall be fatisfied, or monies fufficient ſhall be reſerved
to diſcharge the fame; and the faid fum not exceeding three hun-
dred and twelve thoufand pounds intended to be raiſed as afore-
faid; and the faid fum of two hundred thouſand ſeven hundred
thirty feven pounds fourteen fhillings and nine pence farthing, to
be taken out of the faid clear produce of forfeitures, in purſuance
of this preſent act, fhall be appropriated and applied, and are
hereby appropriated for or towards the feveral ufes, intents and
purpoſes herein expreffed, fubject nevertheleſs to fuch reftric-
tions are herein after preſcribed; that is to fay, it is hereby en- 88, 049 1. 38.
acted and declared, That out of all or any the aids or ſupplies 1d. and one
provided as aforefaid there ſhall and may be iffued and applied fifth part of a
any fum not exceeding eighty eight thoufand forty nine pounds penny, to
make good
three fhillings one penny and one fifth part of a penny to make the general
good the deficiency of the fund commonly called the general fund,
fund, for raiſing ſeven hundred and twenty four thoufand eight
hundred and forty nine pounds fix fhillings and ten pence and
one fifth part of a penny per annum, for the year ended at Mi-
chaelmas one thouſand ſeven hundred and nineteen.
For naval fer,
XLIV. And it is hereby enacted and declared, That out of
all or any the aids or fupplies provided as aforefaid there fhall vices.
or may be iffued or applied any fum or fums of money not ex-
ceeding one million three hundred ninety feven thousand feven
hundred thirty three pounds fixteen fhillings and three pence
and five tenth parts of a penny, for or towards the naval fer-
vices following; that is to fay, any fums not exceeding three
hundred feventy feven thousand five hundred fixty one pounds
fix fhillings and nine pence halfpenny, for making good feveral
Q?
extra-
:
228
[1719.
Anno fexto GEORGII I. c. 11.
For the ord-
nance for
extraordinary expences for the fervice of his Majefty's navy and
the victualling thereof for the year one thouſand ſeven hundred
and nineteen, not provided for by parliament; and any further
fum and fums of money not exceeding nine hundred and nine-
teen thoufand nine hundred and eighteen pounds ten fhillings
and eight pence, for or towards defraying the charges of the or-
dinary of his Majefty's navy and for half-pay to fea-officers, and
for or towards victual, wages, wear and tear of the navy and
victualling thereof performed and to be performed; and for or
towards fea-fervices in the office of ordnance performed and to
be performed, and other fervices of the navy performed and to
be performed; and any further fum and fums of money not
exceeding feventy nine thousand feven hundred twenty three
pounds, for or towards repairs of his Majefty's navy performed
or to be performed; and any further fum and fums of money
not exceeding twenty thoufand five hundred and thirty pounds
eighteen fhillings and ten pence, for extraordinary charge of the
tranſport-ſervices for the year one thouſand ſeven hundred and
nineteen, not provided for by parliament.
XLV. And it is hereby alfo enacted, That out of all or any
the aids or fupplies provided as aforefaid there fhall or may be
land fervice. iffued and applied any fum or fums of money not exceeding
eighty one thouſand feven hundred and twenty pounds two
fhillings and one halfpenny, for defraying the charge of the of-
fice of his Majefty's ordnance for land-fervices performed and
to be performed; and for or towards making good the exceed-
ings in that office in the year one thouſand feven hundred and
Sec.
nineteen.
For land- XLVI. And it is hereby likewife enacted, That out of all or
forces, guards
any the aids or fupplies provided as aforefaid there fhall or may
and garrifons, be iffued and applied any fum or fums of money not exceeding
in the whole the fum of nine hundred twenty fix thouſand fix
hundred forty three pounds fixteen fhillings and eight pence,
for or towards maintaining his Majefty's land-forces and other
fervices herein after more particularly expreffed; that is to ſay,
any fum not exceeding five hundred fixty three thouſand five
hundred and eight pounds fifteen fhillings, for defraying the
charge of fourteen thousand four hundred and fixty nine effec-
tive men (including commiffion and non-commiffion officers,
and two thousand and thirty four invalids) for guards and gar-
rifons, and other his Majesty's land-forces in Great Britain, Jer-
fey and Guernsey, and other fervices relating to the forces for the
year one thouſand ſeven hundred and twenty; and any fum and
fums of money not exceeding one hundred forty eight thoufand
and thirty five pounds nine fhillings and fixpence halfpenny,
for maintaining his Majefty's forces and garrifons in the plan-
tations, Minorca and Gibraltar, and for provifions for the gar-
rifons at Annapolis and Placentia, for the year one thouſand ſeven
hundred and twenty; and any fum and fums of money not ex-
ceeding fixteen thoufand three hundred thirty one pounds and
ten fhillings, upon account for out penfioners of Chelſea Hospital
for
f
!
1719]
229
Anno fexto GEORGII I. C. 1Í.
for the year one thouſand ſeven hundred and twenty; and any
fum and fums of money not exceeding ninety nine thoufand
feven hundred fixty eight pounds two fhillings and one penny
halfpenny, for defraying feveral extraordinary expences for the
feryice of his Majefty's land-forces for the year one thouſand
feven hundred and nineteen not provided for by parliament;
and any fum or fums not exceeding ninety nine thousand pounds,
upon account of half-pay for the year one thouſand ſeven hun-
dred and twenty, to be paid to the reduced officers of his Ma-
jefty's land-forces and marines: fubject nevertheleſs to ſuch rules
to be obſerved in the application of the faid half-pay, as are
herein after preſcribed in that behalf; and that the faid aids or
fupplies provided as aforefaid fhall not be iffued or applied to
any uſe, intent or purpoſe whatfoever, other than the ufes and
purpoſes before-mentioned.
XLVII. Provided always, That fuch fums as by or in pur- For the com,
fuance of any other act or acts of parliament are or fhall be due miffioners of
or payable to any commiffioners for taking, examining, ſtating army ac-
and determining the debts due to the army, for their falaries, counts.
or for their clerks, or other incident charges, fhall or may be
paid out of the aids or fupplies aforefaid, or any of them; any
thing herein contained to the contrary notwithstanding.
XLVIII. And as to the ſaid ſum of ninety nine thouſand Rules to be
pounds by this act appropriated on account of half-pay as obſerved in
aforefaid, it is hereby enacted and declared by the authority the applica
tion of the
aforefaid, That the rules herein after preſcribed fhall be duly
half-pay.
obferved in the application thereof; that is to fay,
That no perfon fhall have or receive any part of the fame,
who was a minor, under the age of fixteen years, at the time
when the regiment, troop or company in which he ſerved was
reduced.
That no perſon fhall have or receive any part of the ſame,
except ſuch perſons who did actual ſervice in ſome regiment,
troop or company.
That no perfon having any other place or employment of
profit, civil or military, under his Majefty, fhall have or receive
any part of the faid half-pay.
That no chaplain of any garrifon or regiment, who has
any ecclefiaftical benefice, or other preferment in Great Britain
or Ireland, fhall have or receive any part of the faid half-pay.
That no perſon fhall have or receive any part of the fame,
who hath refigned his commiffion, and has had no commiſſion
fince.
That no part of the fame fhall be allowed to any perfons
by virtue of any warrant or appointment, except to ſuch perſons
who would have been otherwife entitled to the fame as reduced
officers.
And that no part of the fame fhall be allowed to any of
the officers of the five regiments of dragoons, and eight regi-
ments of foot, lately disbanded in Ireland, except to fuch as were
lately taken off the establishment of half-pay in Great Britain.
Q3
XLIX. And
230
[1719.
Anno fexto GEORGII I. C. II.
5 Geo. 1. c. 19.
Overplus of
last year's
half-pay, for
the compaf-
fionate lift.
vent counter-
feiting re-
ceipts and
warrants of
the officers of
the South-Sea
company.
XLIX. And whereas by an act of parliament made in the fifth
year of his Majesty's reign, intituled, An act for redeeming the
fund appropriated for payment of the lottery-tickets which were
made forth for the ſervice of the year one thouſand ſeven hun-
dred and ten, by a voluntary ſubſcription of the proprietors in-
to the capital ſtock of the South-Sca company; and for raifing a
fum of money to pay off fuch debts and incumbrances as are
therein mentioned; and for appropriating the fupplies granted
in this feffion of parliament; and to limit times for profecutions
upon bonds for exporting cards and dice, feveral fupplies which
had been granted to his Majefty, as is therein mentioned, were ap-
propriated to ſeveral ufes and purposes therein expressed; amongst
which any fum or fums not exceeding the fum of one hundred and ten
thousand pounds, upon account of half-pay for the year one thousand
Seven hundred and nineteen, was appropriated to be paid to the re-
duced officers of his Majefty's land-forces and marines, fubject never-
theless to fuch rules to be obferved in the application of the faid half-
pay, as in and by the aforesaid act were preſcribed in that behalf;
and the deficiencies of the faid fupplies are made good, or enacted to be
made good by grants in this feffion of parliament: now it is hereby pro-
vided, enacted and declared by the authority aforefaid, That fo
much of the faid fur of one hundred and ten thousand pounds,
as is or fhall be more than fufficient to fatisfy the faid reduced
officers, according to the faid rules by the aforefaid act pre-
fcribed to be obſerved in the application thereof, or any part of
fuch overplus, fhall or may be difpofed to fuch officers who
were maimed or loft their limbs in the late wars, or to fuch
others, as by reaſon of their long ſervice, or otherwiſe, his Ma-
jeſty hall judge to be proper objects of charity, or to the wi-
dows or children of fuch officers, according to fuch warrant or
warrants under his Majeſty's royal fign manual, as fhall be fign-
ed in that behalf; any thing in this or the faid former act to
the contrary notwithſtanding.
L. An whereas the corporation of the governor and company of
Claufe to pre- merchants of Great Britain trading to the South-Seas and other
parts of America, and for encouraging the fifbery, may iſſue out re-
ceipts under the hand or hands of one or more of their officers, from
time to time, upon or for ſubſcriptions to be by the faid company taken
for increafing their capital flock, pursuant to an act of this prefent fef-
fion of parliament in that behalf; and may also iffue out warrants
under the hand or hands of one or more of their officers for the divid-
end from time to time to be made to the proprietors of the flock in the
faid company it is hereby enacted by the authority aforefaid,
That if any perfon or perfons fhall forge, counterfeit or alter
any ſuch receipt or receipts, warrant or warrants, or any in-
dorſement or writing, indorfements or writings thereupon or
therein, or fhall tender any fuch forged, counterfeited or altered
receipt or receipts, warrant or warrants, or any fuch receipt or
receipts, warrant or warrants, with fuch counterfeit indorfe-
ment or writing thereon or therein, knowing the fame to be ſo
forged, counterfeited or altered, to the faid company, or any of
their officers, or ſhall offer to alienate or difpofe of the fame,
know-
|
.
1719.]
231
Anno fexto GEORGII I. c. II.
knowing the fame to be forged, counterfeited or altered, and
with intent to defraud the faid company, or any other perfon or
perfons, bodies politick or corporate, then and in ſuch caſe every
fuch perfon or perfons, fo offending (being thereof lawfully con-
victed) fhall be adjudged a felon, and fhall fuffer death, as in
cafes of felony, without benefit of clergy.
c. 18. con-
1719.
(
LI. And whereas by an act paffed last feffion of parliament in Claufe for ex-
tituled, An act for the recovery of the credit of the British fishery plaining the
in foreign parts, and for better fecuring the duties upon falt, act 5 Geo. 1.
liberty is given to his Majesty's fubjects to import foreign falt for the
cerning fo-
ufe of the fishery duty-free after Midfummer-day one thousand feven reign falt cel-
hundred and nineteen; and it being at the fame time intended by the lared and
Said act, That all fuch foreign falt as was imported, weighed, cellared locked up be-
and locked up in the prefence of an officer for the duties upon falt, and fore 24 June
under the joint cuftody of fuch officer and the importer thereof, before
the faid twenty-fourth day of June one thousand feven hundred and
nineteen, ſhould have the benefit of being turned over as flock in hand,
and be made use of in the fishery duty-free; but for want of fufficient
words to express clearly and plainly the intention of the faid act, in re-
lation to fuch foreign falt ſo imported as aforesaid before the faid twenty
fourth day of June one thousand feven hundred and nineteen, the pro-
prietors of the faid falt have, to their great loss and detriment, not
been able to make use of the ſaid ſalt in the last fishery, nor will, for
the time to come, be enabled to make any ufe at all of it, unless the faid
act be better explained: for remedy whereof, and to fupply the de-
fect in the faid act, be it, and it is hereby enacted by the autho-
rity aforefaid, That all fuch foreign falt fo imported, cellared
and locked up as aforefaid before the faid twenty fourth of June
one thouſand feven hundred and nineteen, fhall, at the defire of
the proprietor or proprietors thereof, or his or their agent or
agents, be turned over as ſtock in hand for the uſe of the fishery
duty-free; fubject nevertheleſs to the fame conditions and re-
ftrictions as all other foreign falt intended for the ufe of the
fiſhery, and have the fame benefit and advantage as all other
foreign falt intended for the ufe of the fishery, and imported
after the ſaid twenty fourth day of June one thouſand ſeven
hundred and nineteen; any thing in this act, or any other, to
the contrary thereof notwithſtanding.
i
LII. And for the relief of any person or perfons, who through ne- Claufe for
glect or inadvertency have omitted to pay the jeveral rates and duties giving a fur
upon monies given, paid or contracted for with apprentices, and to the time for
have the indentures or contracts fampt within the times for those pur- on appren-
paying duties
pofes refpectively limited by the acts of parliament in that cafe made: tices inden-
be it enacted by the authority aforefaid, That upon payment of tures.
the feveral rates and duties fo omitted or neglected to be paid
as aforefaid, on or before the twenty ninth day of September in
the year of our Lord one thouſand ſeven hundred and twenty,
to fuch perſon or perfons to whom the fame ought to be paid,
and tendring to be ftampt fuch indentures or contracts fo o-
mitted to be ſtampt at the fame time, or at any time on or be-
fore the twenty-fifth day of December one thoufand feven hun-
Q4
dred
232
[1719.
Anno fexto GEORGII I. C. 12.
lief of Tho-
dred and twenty, the fame indentures or contracts ſhall be good
and available in law or equity, and may be given in evidence in
any court whatſoever; and the apprentices therein named ſhall
be capable of following and exercifing the reſpective intended
trades or employments, as fully as if the rates and duties fo
omitted had been duly paid within the refpective times in the
faid acts of parliament limited; and the perfons who have in-
curred any penalty by the omiffions aforefaid, are hereby ac-
quitted and diſcharged of and from the ſaid penalties; any thing
in the faid acts contained to the contrary notwithstanding.
LIII. And whereas Thomas Vernon, efq; did in the month of
Claufe for re- May one thousand feven hundred and fixteen import into the port of
mas Vernon, London, on board the ship Lambert from Alexandria, four bales of
efq; in rela-' fenna, containing three thousand four hundred and eight pounds weight,
tion to Senna and did then duly enter the fame at the custom-house, and paid and
imported in difcharged the customs and duties then due and payable by law for the
May 1716.
fame, and actually fold the faid fenna on board the ſaid ſhip before
entry made thereof as aforefaid, and the fame was accordingly deliver-
ed to the buyers: be it therefore enacted by the authority afore-
faid, That the ſaid fenna fhall not be chargeable with the duties
1 Geo. 1.ftat. charged on fenna as a medicinal drug by the act made in the
first year of his Majefty's reign, intituled, An act to continue
duties for encouraging the coinage of money; and to charge the duties
on fenna as a medicinal drug, and for the appropriating ſeveral ſup-
plies granted to his Majesty.
2. C. 43.
CAP. XII.
An act for preventing of frauds and abuſes in the allowances
on damaged wines, and for lengthening the time for the
drawbacks on the exportation of wines.
12 Car. 2. c. 4. Weed in the twelfth year of the reign of his late majesty King
HEREAS by the tenth rule annexed to an act of parliament
paſſed
Charles the Second, intituled, A fubfidy granted to the King of
tonnage and poundage, and other fums of money payable upon
merchandize exported and imported, which has been continued by
Jeveral fubfequent acts, and is now in force, it is provided, That if
any wines fhall prove corrupt and unmerchantable, and fit for nothing
but to diffil into hot waters, or to make vinegar, then every owner of
fuch wines fhall be abated in the fubfidy according to fuch his damages
in thofe wines, by the difcretion of the collectors of the customs and one
of the principal officers: and whereas feveral other fubfidies, impofi-
tions and duties have been fince laid, and are now payable to his Majesty
on the importation of wines into this kingdom by feveral acts of par-
liament now in force; which feveral acts have reference to the faid
act of tonnage and poundage, and to the faid rule in making allow-
ances for the damages out of the respective duties on wines imported
(except the duty payable on wines for the encouraging of coinage, by
18 Car. 2. c. 5. an act paffed in the eighteenth year of the reign of his faid late ma-
jefly King Charles the Second:) and whereas frequent difputes do
arife between the officers of the customs and the merchants, in the
making and adjuſting the allowances which damaged wines may de-
Jerve,
1719.]
233
Anno fexto GEORGII I. c. 12.
After May 2,
Serve, the fame depending for the most part on the taste thereof: for
the preventing the like difputes for the future, 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 preſent parliament affembled, and by the authority of the
fame, That from and after the ſecond day of May in the year 1720, the
of our Lord one thouſand ſeven hundred and twenty, the faid tenth rule an-
tenth rule annexed to the faid act of tonnage and poundage be, nexed to the
and the fame is hereby repealed, made void, and fhall no longer act of tonnage
and poundage
be put in practice; any thing in the faid act of tonnage and fhall be repeal-
poundage, or in any other act or acts, in any wife to the con- ed.
trary notwithſtanding.
Allowances to
be made to
on wine im-
ported in
II. And whereas it may be reaſonable to make the merchants im-
porters of wine a compenfation for the allowances they would have re-
ceived out of the feveral duties of their damaged wines by virtue of
the faid tenth rule, whereby the revenue may be collected with great-
er certainty, and not fo liable to abufe: be it further enacted by the
authority aforefaid, That from and after the ſaid ſecond day of
May one thouſand feven hundred and twenty, there fhall be
merchants,
made, as well to the merchant at importation, as alfo to the &c, out of the
prizage-mafter or proprietor of the duties of prizage, out of all grofs duties
the ſeveral grofs duties now laid upon wines in caſks (except
the coinage-duty before-mentioned) over and above the prefent a
caſks.
abatements and diſcounts, the ſeveral allowances hereafter-men-
tioned; that is to fay, Out of the feveral grofs duties (except c. 18. fect. 19.
By 8 Geo. 1.
the coinage) now laid upon Rheniſh wine, or wine of the growth this claufe is
of Germany, or wines which pay duty as fuch, an allowance refrained.
after the rate of two pounds per centum; upon French wines, or
wines of the growth of France, or of any of the French King's do- Which fhall
minions, an allowance after the rate of fix pounds per centum; be deducted
and upon Spaniſh, Portugal, and all other wines (except Rhenifh on the deben-
or French) an allowance after the rate of ten pounds per centum: ture if the
the ſaid ſeveral allowances after the rate of two per centum,
per centum, and ten per centum, to be deducted on the debenture, ed.
in caſe the wines be again exported; any law or cuſtom to the
contrary notwithſtanding.
fix
wines are
again export-
III. Provided always, and be it further enacted by the autho- Damaged or
rity aforefaid, That in cafe any merchant or other perfon, fhall unmerchant-
able wines
find his wine or any part thereof fo damaged, corrupt or un-
may be ftav-
merchantable, that he thall refufe to pay or fecure the duties for ed, and the
the fame, he ſhall have liberty, immediately after the landing duty repaid,
the wines, to ftave, fpill, or otherwife deftroy fuch wines in the &c.
preſence of two or more of the officers of the cuftoms, to be
appointed by the collector, and one of the principal officers of
the port, who fhall take an exact account of the quantity of 12 G. x.
wine which the merchant or other perfon fhall fo ftave, fpill or The comphion-
otherwiſe deſtroy, to the end the duty of fuch wine may be re- ers may feil da-
paid, without any delay or charge to the merchant, by certifi- maged wines,
cate, or that the quantity of wine fo ftaved, fpilt or otherwife
deftroyed, be deducted from the foot of the account of the mer-
chant refufing to pay or fecure the duty of fuch wine, as afore-
c. 28. p. 20.
C.
faid,
234
[1719.
Anno fexto GEORGII I. C. 12.
Compenfation
to be allowed
for the freight
of wines fo
ſtaved.
British mer-
chants fhall
have
18 months,
and aliens 15,
to export
wines import-
ed, to be com-
puted from
the master's
report; En-
larged by
faid, in the book or books kept by the proper officer or officers
appointed to the diſcharge of the fhip importing the wine.
IV. And be it further enacted, That over and above the
duties repaid or allowed, as aforefaid, the merchant or other
perſon thall, for every ton of wine, containing two hundred
fifty and two gallons, of the growth of Germany, or wines which
pay duties as fuch, and of the growth of France, fo ftaved, fpilt
or otherwife deftroyed, be allowed as a compenfation for the
freight and other charges, the fum of four pounds; and wines
of the growth of Spain, Portugal, and elſewhere, the ſum of
eight pounds per ton, and fo in proportion for any greater or
leffer quantity, which allowances fhall without delay be paid by
certificate out of the duties arifing by the faid act of tonnage
and poundage, and the officers are hereby required and directed
to make, paſs, and pay fuch certificate without fee or reward.
V. And for the further encouragement of the wine-trade, bet
it enaded by the authority aforefaid, That from and after the
fecond day of May one thouſand feven hundred and twenty,
every British merchant ſhall have eighteen months time from
the importation of all wines to export the fame; and every alien
or ftranger ſhall have fifteen months time from the importation
of all wines to export the fame, which importation fhall be
reckoned from the maſter's report of the fhip; and ſhall have
the like benefit and drawback by fuch exportation, as if the
fame had been exported within twelve months or nine months
reſpectively, as mentioned in the fecond and fourth rules annex-
ed to the ſaid act of tonnage and poundge; any law, cuſtom or
ufage to the contrary in any wife notwithſtanding; provided
certificates and oaths be made, and all other requifites perform-
oaths be made, ed, according to the laws now in being, relating to the impor-
tation and exportation of wine.
7
Geo. 1. c.
21. fect. 10.
Provided cer-
tificates and
&c.
The exporter
to be allowed
two thirds of
the duty paid
on importa-
tion, by the
VI. And as a further encouragement, be it likewiſe enacted
by the authority aforefaid, That over and above the preſent
duties drawn back on the exportation of wine, the merchant ex-
porter be allowed, on the terms and conditions aforefaid, two
thirds of the impoft duty paid on the importation of wine by
act of i Jac. 2. virtue of an act of parliament paffed in the first year of King
C. 3.
This act fall
not leffen the
duties of pri-
zage, &c.
James the Second, intituled, An act for granting to his Majesty an
impofition upon all wines and vinegar, imported between the four and
twentieth of June one thousand fix hundred and eighty five, and the
four and twentieth of June one thousand fix hundred ninety three,
which by feveral fubfequent acts is continued and ftill in force,
any thing in the faid act, or in any other act to the contrary
notwithstanding.
VII. Provided, and it is hereby declared and enacted, That
any thing in this act contained or to be done in execution there-
of, fhall not extend or be conftrued to extend to diminish or
leffen the duties of prizage and butlerage of wines due upon the
importation of the fame, but that the faid duties fhall be col-
lected, taken and received in the fame manner as if this prefent
act had never been made.
CAP.
$
1719.]
235
Anno fexto GEORGII I. c. 13.
CAP. XIII.
An act for afcertaining the breadths, and preventing frauds
and abufes in manufacturing ferges, pladings and fingrums,
and for regulating the manufactures of stockings in that
part of Great Britain called Scotland.
WHEREAS many frauds and abuſes are daily committed by This act is ex-
Io Geo. I. c.
perfons imployed in the working up of ferges, pladings and plained and
fingrums, and alfo in the working and knitting of stockings in that amended by
part of Great Britain called Scotland, to the great prejudice of trade. 18.
and commerce: for the better preventing whereof, and the afcertain-
ing the breadths of ferges, pladings and fingrums, and for the regulat-
ing the manufactures of knit stockings in that part of Great Britain Breadths, &c.
of plading
called Scotland, be it enacted by the king's moft excellent Ma- and fingrums
jeſty, by and with the advice and conſent of the lords ſpiritual to be made in
and temporal and commons, in this prefent parliament, af- Scotland after
fembled, and by the authority of the fame, That from and after Sept. 1.1720.
the first day of September which fhall be in the year of our Lord
one thouſand ſeven hundred and twenty, every piece of plad-
ing, and narrow and broad fingrums, which fhall be wrought
and made in any part of Scotland, fhall be of the ſeveral breadths
and dimenfions herein after mentioned; (that is to ſay) every
piece of plading and narrow fingrums that fhall be fo made,
fhall be wrought and made of the fame fort of wool and yarn,
and of equal work and fineness from one end of the piece to the
other, and fhall be at the leaſt twenty eight inches in breadth;
and that every piece of broad fingrum fhall be alſo wrought and
made of one intire fort of wool and yarn, and fhall be of equal
work and fineneſs from one end of the piece to the other end
thereof, and ſhall at leaſt contain thirty eight inches in breadth.
II. And be it enacted by the authority aforefaid, That all ftockings,
how they ſhal
ſtockings that ſhall be made in Scotland, thall be wrought and be made in
made of three threads, and of one fort of wool and worfted, and of Scotland.
equal work and fineneſs throughout, free of left loops, hanging
hairs, and of burnt, cutted or mended holes, and of fuch fhapes
and fizes reſpectively as the patterns which fhall be marked by
the feveral deans of gild of the chief boroughs of the reſpective
counties, according to the dimenfions following; viz. The
ſtockings for men called long ftockings, fhall not be above thirty
fix, nor under thirty four inches in length from the top to the
heel; and not above eight, nor under ſeven inches in breadth at
the top; not above feven, nor under fix inches in breadth at
the broadest place of the calf; not above five, nor under four
and an half inches breadth at the narroweft place of the ankle;
and the ſtockings of thirty fix inches in length, to be feventeen
inches betwixt the top and the narroweft part of the ham, and
twenty one inches in length from the top to the broadest part
of the calf; and that thofe of thirty four inches in length, be
fifteen inches in length from the top to the narrowest part of
the ham, and nineteen inches in length from the top to the
broadeft
236
13.
[1719;
i
Anno fexto GEORGII I. c.
+
broadest place of the calf; that the feet of both the two fizes
aforefaid, be full twelve inches in length from the heel to the
toe, and from four and half to five inches in breadth: ftockings
for men, called ſhort ſtockings, ſhall not be above twenty eight,
nor under twenty feven inches in length from the top to the
heel, and not above feven, nor under fix and an half inches
breadth at the top; not above feven, nor under fix inches in
breadth at the broadest place of the ham; not above five, nör
under four and an half inches at the narroweft place of the
ankle; and the ftockings of twenty eight inches in length, to
be nine inches from the top to the narrowest part of the ham,
and thirteen inches from the top to the broadest part of the
ham; and thoſe of twenty feven inches in length, to be eight
inches from the top to the narroweft part of the ham, and twelve
inches from the top to the broadest part of the ham; that the
feet of the two laft mentioned fizes be fully twelve inches in
length, from the heel to the toe, and not above five inches, nor
under four inches in breadth: That all ftockings for women or
boys, fhall not be above twenty four, nor under twenty two
inches in length, from the top to the heel, and not above fix and
an half, nor under fix inches in breadth at the top; nor above
five and an half, nor under five inches in breadth at the nar-
roweſt place of the ankle; and the ftockings of twenty four
inches in length, to be nine inches from the top to the narrow-
eft part of the ham, and twelve inches from the top to the
broadest part of the ham; and thoſe of twenty two inches in
length, to be ſeven inches from the top to the narrowest part of
the ham, and ten inches from the top to the broadest part of
the ham; that the feet of fuch womens and boys ſtockings be
fully nine inches long, from the heel to the toe, and not above
four, nor under three and an half inches in breadth; which pat-
terns ſo marked by them, as aforefaid, fhall lie open in the cuf-
tody of the ſeveral and refpective ftamp-mafters for all perfon's
to ſee.
Magiſtrates of
III. And be it further enacted by the authority aforefaid,
head bo- That the magiftrates of the chief or head boroughs royal of
roughs to pro- every refpective fhire, county or ftewartry in Scotland, fhall be
and are hereby impowered and appointed, from time to time,
to make or caufe to be made a ftamp or ſtamps bearing the
arms of the reſpective boroughs, and to appoint a fit perfon or
perfons for infpecting or ſtamping all fuch ferges, pladings, fin-
grums and stockings, brought to be ſtamped, of the lengths,
breadths, and qualities aforefaid; which perfon or perfons fo
Stamp-maſter nominated, ſhall before his or their admiffion to that office of
vide ſtamps
and appoint
perfons for
ftamping all
ferges, ftock-
ings, &c.
to be worn
and give fe-
curity.
Juftices of
peace to ap-
point ftamps
to be kept in
proper places.
ftamp-mafter, be obliged to take an oath de fideli, and likewife
find furety for the faithful adminiſtration and execution of his
office, for fuch fum of money as the ſaid magiftrates ſhall ap-
point; and in like manner the juftices of the peace in their re-
fpective counties and ſtewartries, and in default of them, the
commiffioners of fupply, fhall be and are hereby impowered and
ordained, from time to time, at the quarterly feffions of the
faid
1719.]
237
Anno fexto GEORGII I. C. 13.
་
faid juftices, or annual meetings of the faid commiffioners in
Scotland, to appoint a ftamp or ſtamps to be made and kept at Stamp-
ſome proper place or places, where fuch ferges, pladings, fin- mafters fall
not trade in
grums and ftockings, are fold within the reſpective counties, as
fuch ferges,
their juftices of the peace, or commiffioners of fupply fhall think &c. nor ftamp
proper; and that no ftamp-mafter ſhall, for himſelf, or any other any otherwiſe
perſon or perſons, trade, traffick, buy, fell or difpofe of any fuch made than as
the act directs,
ferges, pladings, fingrums and ſtockings, directly or indirectly, on penalty of
or fhall ſtamp any fuch ferges, pladings, fingrums and ſtockings, 20s. &c. and
which are not made of well forted yarn, equally wrought, and of incapacity for
equal fineness from one end of the piece to the other, and of fuch the future.
breadths, lengths, fizes and fcantlings, as aforefaid, he or they
fo neglecting or offending, thall forfeit for every piece of fuch
ferges, pladings and fingrums, the fum of twenty fhillings, and
for every dozen pair of ſtockings, not fo made and wrought, as Exporting
aforefaid, the fum of twenty fhillings, and fhall be made incap- fuch ferges,
able of ſerving in any fuch office for the future; and if any per-
fon or perfons in that part of Great Britain aforesaid, fhall buy, forfeit 20 s.
export, or tranfport, or carry to the water-fide, in order to be for each piece,
exported or tranſported, any fuch ferges, pladings, fingrums and for every
or ftockings of Scotland, after the first day of December which dozen pair of
fhall be in the year of our Lord one thouſand ſeven hundred stockings.
and twenty, before the ftamp be fixed, as aforefaid, he or they
fo offending, and being thereof convicted fhall, for each piece Counterfeit-
of fuch ferge, pladings and fingrums, forfeit the fum of twenty ing the ftamp
fhillings fterling, and for every dozen pair of ſuch ſtockings, the to forfeit 51.
fum of twenty fhillings fterling; and if any perſon ſhall affix or or fix months
counterfeit any ſtamp, without the authority aforefaid, fuch per- ment, if in-
impriſon-
fon or perfons fo offending fhall forfeit refpectively the fum of five folvent.
pounds fterling, or fix months impriſonment, if found infolvent.
&c, before
ftampt, to
IV. And be it further enacted by the authority aforefaid, Deans of
That the faid deans of gilds of the ſeveral head boroughs of guilds, here-
the reſpective counties fhall, and are hereby declared to be the tors of fairs,
&c. Judges
fole judge within the reſpective borough, and the faid dean of of offences a-
gild, together with the heretors or proprietors of all and every gainſt this act,
publick fair or market, or any having their authority, are here-
by declared to be jointly judges of the offences committed
againſt this prefent act; and in default of the faid dean of gild,
or of the faid maſter of the fair or market, or his deputy, that
either of the faid judges fhall be the fole judge of fuch offence
committed in fuch places, villages, fairs and markets, where the
aforefaid goods, wares and merchandizes fhall be vended or ex-
pofed to fale, as aforefaid, to and for all and every the intents
hereby ſpecified and contained touching the fame accordingly.
V. And be it further enacted by the authority aforefaid, That Serges, &c.
all fuch ferges, pladings, fingrums and ſtockings already made already made,
or that ſhall be
and wrought, and which fhall be hereafter made and wrought made before
in Scotland, which are not of the length, breadth, fcantlings and Sept. 1, 1720,
fizes herein before-mentioned and provided touching the fame, not of the
and every of them which fhall be fo made and wrought before fizes before-
the faid first day of September which fhall be in the year of our mentioned,
Lord may be vend
*
238
[1719.
Anno fexto GEORGII I. C: 13.
ed or export- Lord one thouſand feven hundred and twenty, hall and may be
ed before De- fold, vended, exported or tranfported, as the refpective owners
cemb. 1. 1720. and proprietors thereof fhall judge proper and think fit, before
&c. otherwiſe
than conform
able to the
above regu-
lations.
the first day of December which fhall be in the year of our Lord
one thouſand ſeven hundred and twenty, fo as the fame, or any
of them may not become forfeited, or liable to the feveral and
reſpective forfeitures and penalties in this act mentioned and
contained touching the fame.
Penalty on VI. And be it further enacted by the authority aforefaid,
weavers work- That if any weaver or weavers, or other perfon or perfons what-
ing any ferges, foever, from and after the faid first day of September, fhall make,
work, or cauſe to be made and wrought any of the aforefaid ferges,
pladings, fingrums and ftockings, otherwife than conformable and
according to the aforefaid regulations and reftrictions herein be-
fore-mentioned and explained touching the fame, and fhall be
thereof convicted by the oaths of two or more credible witneffes,
fhall forfeit the ſum of twenty fhillings fterling, and the faid goods
ſhall alſo be confifcated to the ufe of the informer, and fuch of-
fender or offenders fhall alfo moreover pay the value of ſuch
goods to the reſpective owner and owners thereof.
Io Geo. 1. C.
18.
Owner to pay
the ftamp-
master id.
per piece for
ferges, &c.
and 2 d. per
dozen for
ſtockings.
Forfeitures
not paid with-
in ten days
after convic-
tion may be
levied by
diftrefs.
If no diſtreſs,
offender to be
committed
not exceeding
three months.
Penalty to be
inflicted in
60 days.
Perfons ag-
grieved may
appeal to
VII. And be it further enacted by the authority aforesaid,
That all and every owner and owners of fuch goods, before the
fame fhall be fo marked and ftampt as aforefaid, fhall firft pay
or cauſe to be paid unto the ſaid ftamp-mafter for every piece
of fuch ferge, pladings and fingrums, fo to be by them marked
and ftampt as aforefaid, the fum of one penny per piece; and
for every dozen of fuch ftockings fo to be by them marked and
ftampt as aforefaid, the ſum of two pence per dozen.
VIII. And be it further enacted by the authority aforesaid,
That if any offender fhall, by the ſpace of ten days next after
he fhall be convicted of any of the offences aforefaid, refuſe or
neglect to pay any forfeiture by him incurred by reafon or
means of this preſent act, then and not before it ſhall and may
be lawful for the judge or judges refpectively aforefaid, before
whom fuch conviction fhall be made, and ſuch judge or judges
are hereby required to iffue out one or more warrants under his
or their hands and feals to the refpective officer or officers, or
to the conftable of the town or place where fuch offender doth
inhabit or can be found, within the limits of their reſpective ju-
rifdictions, to levy the fame by diſtreſs of the offender's goods,
returning the overplus (if any be) to the offender, and if no
ſuch diſtreſs can be found, to commit the offender to the houſe
of correction, or gael of the county or corporation, to be de-
tained for fuch time as the judge or judges, before whom fuch
conviction fhall be made, fhall direct, not exceeding three
months for any one offence.
IX. Provided always, and be it enacted, That the penalties.
incurred by reafon of this act, be inflicted within fixty days next
after the offences be committed or difcovered.
X. And be it further enacted, That if any perfon or perfons.
do or thall find him or themfelves aggrieved by any order or
war
1719.]
239
Anno fexto GEORGII I. C. 14.
fions; and the
warrant made by any of the judge or judges upon any con- quarter fef
viction before him or them, in purſuance of this act, fuch per- juftices may
fon or perſons may appeal to the next general quarter-feffions allow cofts.
of the peace, to be held for the county or place where fuch
conviction fhall be made, giving fufficient notice of ſuch ap-
peal; and if the juftices of the peace at fuch feffions ſhall think
fit to confirm or difannul the ſaid order or warrant, they fhall
allow fuch coſts and charges to the party aggrieved thereby as
they ſhall think reaſonable, to be levied and paid in fuch man-
ner as is uſual in other cafes of appeals from the orders of any
juftices of the peace to the quarter-feffions.
CAP. XIV.
An Act for prohibiting the importation of raw filk and
mobair yarn of the product or manufacture of Aſia,
from any ports or places in the Streights or Levant feas,
except juch ports and places as are within the dominions of
the Grand Seignior.
WE
!
HEREAS by an act of parliament paffed in the twelfth year 12 Car. 2. c. 18.
of the reign of his late majesty King Charles the Second, in-
tituled, An act for the encouraging and encreaſing of ſhipping
and navigation, it is amongst other things enacted, That no goods
or commodities which are of foreign growth, production and manu-
facture, which by the faid act are to be brought into England, Ire-
land, Wales, the islands of Guernsey or Jerfey, or town of Ber-
wick upon Tweed, in English or other ſhipping, navigated in fuch
manner as therein is mentioned, ſhall be ſhipped or brought from any
other place or places, country or countries, but only from thofe of the
Said growth, production or manufacture, or from thoſe parts where
the faid goods and commodities could only or were or ufually had been
firft fhipped for transportation, and from none other places or coun-
tries: and whereas in the faid act there is a provifo in the words
following; (viz.) Provided always, That this act, or any thing
therein contained, extend not, or be meant to reftrain and
prohibit the importation of any the commodities of the Streights
or Levant feas, loaden in English built thipping, and whereof
the maſter and three fourths of the mariners at leaſt are Engliſh,
from the uſual ports or places for lading of them heretofore
within the faid Streights or Levant feas, though the faid com-
modities be not of the very growth of the faid places: and
whereas at the time of paffing the faid recited act, the fubjects of
France exported very little woollen manufacture into Turkey, and
were then ſupplied with great quantities of woollen goods from Eng-
land for their own ufe, and likewife with raw filks, and other goods
of Turkey, which were the returns of English woolen manufac-
tures; for all which the importation into France was then free for
the fubjects of England: and whereas the woollen manufacture in
France has fince that time been greatly increafed, and very large
quantities of fuch goods are now annually imported from thence to
Turkey, in return whereof they bring from thence raw filk and other
com-
240
[1719
Anno fexto GEORGII I. c. 15.
་
commodities to Marſeilles, and other parts in France, great quanti-
ties whereof are carried into Italy, and from thence imported into
Great Britain in Engliſh ſhipping, greatly to the difcouragement of
the woollen manufactures of Great Britain, and the advancement
thereof in France; and without fome Speedy care therein, the Bri-
tiſh trade to Turkey will be daily leffened, and is in danger of being
After Sept.29. entirely loft: be it therefore enacted by the King's moft excel-
1720. the pro-
vifo in the re- lent majefty, by and with the advice and confent of the lords.
cited act, as to fpiritual and temporal and commons, in this preſent parliament
the importa- affembled, and by the authority of the fame, That from and
tion of raw filk after the twenty ninth day of September one thouſand ſeven hun-
dred and twenty, the faid laſt recited claufe or provifo, as to
the importation of raw filk and mohair yarn, of the product or
Afia, is repeal- manufacture of Afia, thall be, and is hereby repealed, except-
-ed, except to
ing only as to the ports and places in the faid Streights or Le-
places within
the grand fig vant ſeas which are within the dominions of the Grand Seig-
and mohair
yarn of the
product of
nior's domi- nior.
Rions.
C. 11. fect. 23.
CAP. XV.
An act to repeal fo much of the act, intituled, An act for-
preventing frauds, and regulating abuſes in his Majefty's
cuftoms, paffed in the thirteenth and fourteenth years of
King Charles the Second, as relates to the prohibiting
the importation of deal-boards and fir-timber from Ger-
many.
73 & 14 Car.2. WHEREAS by a clause in an act of parliament paſſed in the
thirteenth and fourteenth years of the reign of King Charles
the Second, intituled, An act for preventing frauds, and regulat-
ing abuſes in his Majefty's customs, deal-boards and fir-timber
are (among other things therein mentioned) prohibited to be imported
from the Netherlands or Germany, upon any pretence whatsoever,
in any fort of fhips or veffels whatsoever, upon penalty of the lofs of
all the faid goods, as alfo the hip and furniture: and whereas fir-
timber, fir-planks, mafts, and deal-boards, are not only found to be
ufeful and necessary in the building and refitting his Majesty's fhips
of war, and other ships and vessels, but the fame have of late years
been, and now are very much used in and about all manner of
buildings, which hath occafioned fo great a demand for, and confump-
tion of the faid commodities, that the price thereof, at the places from
whence the fame may now be lawfully imported, is very much in-
creafed, to the prejudice of trade, which may be remedied, if the faid
prohibition be taken off, whereby the faid commodities will become
After Aug. 1. more plentiful, and the price thereof much reduced: be it therefore
1720. fo much enacted by the King's moſt excellent majesty, by and with the
act as prohi- advice and confent of the lords ſpiritual and temporal and com-
mons, in this prefent parliament affembled, and by the autho-
rity of the fame, That from and after the firſt day of August
which fhall be in the year of our Lord one thouſand ſeven hun-
dred and twenty, fo much of the faid act, intituled, An alt for
preventing frauds, and regulating abuses in his Majefty's customs, as
of the recited
bits the im-
portation of
deal-boards,
&c. from Ger-
many only,
fhall be re-
pealed,
pro-
1719.]
241
Anno fexto GEORGII I. c. 16.
C. II.
prohibits the importation of deal-boards and fir-timber from 13 & 24 Car. 2.
Germany only, fhall be, and the fame is hereby repealed, an- c. 11.
nulled and made void, to all intents and purpoſes whatfo-
ever.
II. And be it further enacted by the authority aforefaid, His Majefty's
That from and after the faid first day of August one thoufand fubjects may
ſeven hundred and twenty, it ſhall and may be lawful to and import fir-
for any of his Majefty's fubjects, to import any quantity or timber, &c.
quantities of fir-timber, fir-planks, mafts, and deal-boards, from Germa-
being of the growth of Germany, into this kingdom, from any the like duties
ny, paying
port or place in Germany, in British built fhips only, fo as the as that im-
owner or owners are his Majeſty's Britiſh ſubjects, and where ported from
of the mafter, and three fourths of the mariners at leaſt are Norway.
British fubjects, paying the like rates and duties to his Majeſty
for the fame, as are now payable for fir-timber, fir-planks,
mafts, and deal-boards imported from Norway.
III. Provided always, and be it further enacted, That this Not to repeal
act, or any thing therein contained, fhall not extend, or be the claufe in
conftrued to extend, to difcharge or repeal the faid claufe in the recited act
the ſaid act of parliament, ſo far as the fame prohibits importa- hibits the im-
fo far as it pro-
tion of the ſaid commodities from the Netherlands: but as to portation of
fuch importation thereof from the Netherlands, or any port or the faid com-
place therein, the before mentioned act, and all the penalties modities from
and forfeitures therein contained, fhall be in full force and ef- lands.
fect, as fully and entirely as if this act had never been made;
any thing in this preſent act to the contrary thereof in any wife
notwithitanding.
CAP. XVI.
An act to explain and amend an act paſſed in the first year of
his Majesty's reign, intituled, An act to encourage the
planting of timber-trees, fruit-trees, and other trees,
for ornament, fhelter or profit, and for the better pre-
ſervation of the fame, and for the preventing the burn-
ing of woods, and for the better prefervation of the fences
of fuch woods.
W
HEREAS divers lewd, lawless, turbulent and diforder-
ly perfons and others, fome times in an open, riotous and tu-
multuous manner, and at other times in a clandeftine, malicious,
and private manner, do (without the confent of the owners) enter the
woods, wood-grounds, coppices, plantations, parks and chafes of di-
vers lords of manors, and other owners and proprietors thereof, and
make great havock and deftruction, by cutting down, breaking,
throwing down, barking, plucking up, defacing, spoiling, taking
or carrying away, the wood, or fprings of wood, poles, woods, tops
of trees, fruit-trees, thorns, quickfets and underwoods, there grow-
ing or being, and alfo by breaking open, throwing down, levelling
or destroying the hedges, gates, pofts, ftiles, railing, fences, ditches,
banks, walls, or other inclofures of fuch woods, wood-grounds, parks,
chafes or coppices, and the offenders therein being not diſcovered, pals
VOL. XIV.
R
with
the Nether-
F
242
[1719.
Anno fexto GEORGII I. c. 16.
2. C. 48.
with impunity, to the great difcouragement of all owners, planters
and prefervers of wood, and to the great wrong and injury of fuch
lords of manors, and other owners and proprietors of fuch woods,
wood-grounds, parks, chafes, coppices, plantations, timber-trees,
fruit-trees, or other trees, thorns or quickfets: and whereas fome
doubts have arifen whether the offences committed in the day-time,
mentioned in an act paſſed in the first year of his Majesty's reign, in-
1 Geo. 1. ftat.' tituled, An act to encourage the planting of timber-trees, fruit-
trees, and other trees, for ornament, fhelter or profit, and for
the better preſervation of the fame, and for the preventing the
burning of woods, are puniſhable by the faid act: and whereas
there is no provifion made in the faid act for punishing the offences
committed by perfons who ſhall break open, throw down, level or
destroy the hedges, gates, pofts, ftiles, railing, fences, ditches, banks,
walls or other inclofures of fuch woods, wood-grounds, plantations
and coppices: therefore for the explaining and amending the faid
act, and for remedying the feveral miſchiefs herein before-
mentioned, and for the better preferving of all fuch wood-
fprings or fprings of wood, poles, quick-woods, plantations,
under-woods, coppice-woods, gates, pofts, ftiles, railing, fences,
hedges, walls and other inclofures of woods, from being un-
lawfully cut, taken, ſpoiled, broken, burnt, deſtroyed, defaced
or carried away; and for the better difcovering and more ef
fectual puniſhinent of fuch offenders therein, their aiders and
abbettors; and for the providing fatisfaction for the damages
the refpective proprietors thereof shall fuftain thereby be it
enacted by the King's moft excellent Majefty, by and with the
advice and conſent of the lords ſpiritual and temporal and com-
mons, in this prefent parliament affembled, and by the autho-
rity of the fame, That if any perfon or perfons whatſoever, from
and after the twenty fourth day of June which ſhall be in the
year of our Lord one thouſand ſeven hundred and twenty, ſhall,
either by day or by night, cut, take, deſtroy, break, throw
fpoiled, &c. ei- down, bark, pluck up, burn, deface, ſpoil or carry away any
ther by day or wood-fprings or fprings of wood, trees, poles, wood, tops of
by night, fhall trees, under-woods or coppice-woods, thorns or quickfets,
have fatisfac- without the confent of the owner or owners of fuch woods,
tion from the wood-grounds, parks, chaſes or coppices, plantations, timber-
the place, in trees, fruit-trees or other trees, thorns or quickfets, or of the
the fame man- perfon chiefly intrufted with the care and cuftody thereof, or
ſhall break open, throw down, level or deftroy any hedges,
gates, pofts, ftiles, railing, walls, fences, dikes, ditches, banks
or other incloſures of fuch woods, wood-grounds, parks, chafes
or coppices, plantations, timber-trees, fruit-trees or other
trees, thorns or quickfets, fuch lords of manors, owners and
proprietors of the fame, that is, are, fhall or may be damaged.
thereby, fhall have fuch remedy, and have and receive fuch
fatisfaction and recompence of and from the inhabitants of the
pariſhes, towns, hamlets, villages or places joining on fuch
wood-fprings or ſprings of wood, wood-grounds, parks, chafes
or coppices, and recover fuch damages againſt the parish, town,
After June 24.
1720. owners
of trees,
hedges, &c.
cut down,
inhabitants of
ner as for
dikes, &c.
overthrown in
the night, is
provided by
13 Ed. 1.
2
hamlet,
1719.]
Anno fexto GEORGII I. c. 16.
243
f
1
hamlet, vill or place, pariſhes, towns, hamlets, villages or places
aforefaid, and in the fame manner and form as for dikes and
hedges overthrown by perſons in the night, or at another fea-
fon when they fuppofe not to be efpied, as in and by an act of
parliament made in the thirteenth year of the reign of King
Edward the First, intituled, Lords may approve against their neigh- 13Ed. 1. ftat.1.
bours: ufurpations of commons during the eftate of particular tenants,
c. 46.
is fet forth and provided; unleſs the party or parties fo offend- Unleſs the of
ing fhall, by fuch pariſh, town, hamlet, vill or place, parishes, fender be con-
towns, hamlets, villages or places, be convicted of fuch offence victed in fix
within the ſpace of fix months from the committing fuch offence months.
or offences; any law or conſtruction to the contrary in any wiſe
notwithſtanding.
II. And be it further enacted and declared by the authority Two juftices
aforefaid, That if any perfon or perfons, at any time or times of peace of
from and after the faid twenty-fourth day of June, in a riotous, the place, or
open, tumultuous, or in a fecret and clandeftine manner, force- the feffions, to
ably or wrongfully and malicioufly, and without the confent of hear com-
plaints and
the proprietor, wood-reeve, wood-keeper or perfon chiefly in- finally deter-
trufted with the care, over-fight and cuftody of fuch woods, mine all of
wood-grounds, parks, chafes, coppices or plantations, fhall fences againſt
cut down, deſtroy, break, bark, throw down, burn, take, de- this act.
face, ſpoil or carry away any wood or fprings of wood, under-
wood or coppice-wood, or thall in fuch a riotous, forceable,
tumultuous, ſecret or clandeſtine manner as aforeſaid malici-
ouſly break open, throw down, level or deſtroy any hedges,
gates, pofts, ftiles, rails, fences, ditches, banks or incloſures
of fuch woods, wood-grounds, coppices, plantations, timber-
trees, fruit-trees or other trees, thorns or quickfets, that then
it ſhall and may be lawful to and for any two or more juſtices
of the peace of the county, riding, divifion, city, town, bo-
rough or corporation wherein any fuch offence or offences fhall
be committed, or for the juftices in open feffions, upon com-
plaint to them made by any inhabitant of the aforefaid pariſh,
hamlet, vill or place, or of the owner of ſuch tree or trees,
woods, wood-grounds, parks, chafes, coppices or plantations,
or of any other, to caufe fuch offender or offenders to be appre-
hended for the trefpaffes and offences aforefaid, or any of them,
and to hear and finally determine and adjudge all and every
inflict the
the offence and offences aforefaid: and if fuch juftices fhall And if they
convict any perfon or perfons of all or any the trefpaffes and convict any
offences aforefaid, then fuch juftices, immediately after fuch perfon, hall
conviction, fhall and are hereby required to inflict all and eve- fame penal-
ry the fame penalties and punishments in the faid act of the firft ties, &c. as in
year of his Majefty's reign herein before-mentioned, as fully and the act 1 Geo.
1. ftat. 2. c. 48.
largely, and in the fame manner, for all and every the crimes.
and offences herein before expreffed, although not contained in
the faid act, as if the fame were here again repeated and re-
enacted.
I
III. Provided always, and be it enacted by the authority a- Perfons fued
foreſaid, That in cafe any action or actions, fuit or fuits, fhall may plead the
R 2
at
244
[1719.
Anno fexto GEORGII I. C. 17, 18.
general iffue,
and fhall re-
cover treble
cofts.
at any time hereafter be brought, commenced or profecuted
againſt any perſon or perfons for any caufe, matter or thing
done in purſuance of this act or the before recited acts, that the
defendant or defendants in fuch fuit or fuits fhall and may plead
the general iffue, and thereupon give the ſpecial matter of his
defence in evidence; and in cafe a verdict paffes therein for
fuch defendant or defendants, or the plaintiff becomes nonfuit,
or diſcontinues his action, the defendant or defendants in fuch
caſe ſhall have and recover treble coſts; any law or cuſtom to
the contrary thereof in any wife notwithſtanding.
CAP. XVII.
An act for appointing commiffioners to examine, ſtate and determine the
debts due to the army; and to examine and ftate the demands of fe-
veral foreign princes and ſtates for fubfidies during the late war,
EXP.
CA P. XVIII.
An act for better fecuring certain powers and privileges in-
tended to be granted by his Majeſty by two charters for
affurance of Jhips and merchandizes at fea, and for lend-
ing money upon bottomry; and for reftraining feveral
extravagant and unwarrantable practices therein men-
tioned.
MOST gracious Sovereign, whereas it hath for many ages paſt
been esteemed good policy, by all proper ways and means, to
fecure and encourage the trade of this realm, whereby the wealth
and ftrength of the fame, and particularly the Jhipping, navigation
and public revenues thereof, have been increaſed; and it hath been,
time out of mind, a custom or usage amongſt merchants, as well of
this realm as of foreign nations, when they make any adventures at
fea (especially into remote or dangerous parts) to give a premium or
confideration to particular perfons, to have from fuch particular per-
Jons affurance of or upon ships, goods or merchandizes adventured, or
Some of them, at fuch rates or prices as the parties affurers and the
parties affured can agree, which kind of contract or dealing is com-
monly called a policy of affurance, and ſeveral laws and ftatutes now
in force have been made concerning the fame affurances; notwith-
43 Eliz. c. 12. ftanding which it is found by experience, that many particular per-
13 & 14 Car.2. fons, after they have received large premiums or confideration-monies
C. 23.
for or towards the infuring hips, goods and merchandizes at fea,
have become bankrupts or otherwife failed in anfwering or comply-
ing with their policies of affurance, whereby they were particularly
engaged to make good or contribute towards the loffes which mer-
chants or traders have fuftained, to the ruin or impoverishment of
many merchants and traders, and to the difcouragement of adven-
turers at ſea, and to the great diminution of the trade, wealth, ftrength
and publick revenues of this kingdom: and whereas it is conceived,
That if two feveral and diftinct corporations, with a competent joint
flock to each of them belonging, and under proper conditions, reftric-
tions and regulations, were erected and eſtabliſhed for affurance of
6.
Lips,
17191
Anno fexto GEORGII I. c. 18.
245
or any
Ships, goods or merchandizes at fea, or going to fea (exclufive of all
other corporations or bodies politick already created, or here-
after to be created, and likewife exclufive of fuch focieties or part-
nerships as now are or may hereafter be entered into for that pur-
pofe) ſeveral merchants or traders, who adventure their eftates, or
part of their eftates, in fuch ships, goods or merchandizes at fea, or
going to fea (especially in remote or hazardous voyages) would think
it much fafer for them to depend on the policies or affurances of either
of those two corporations fo to be erected and established, than on
the policies or affurances of private or particular perfons; and that
fuch merchants or adventurers as ſhall hereafter be minded to agree
for affurance of their hips, goods or merchandizes with private or
particular perfons, may still be at liberty fo to do according to their
own option or choice: and whereas it has also been a custom or uſage
in this as well as in other nations, for merchants or traders, who
adventure their ſhips and merchandizes at fea, to borrow money to
be repaid upon the return or arrival of fuch fhips, which kind of
borrowing is commonly called, taking up money on bottomry; in which
cafes the lenders run a rifque or hazard, more or lefs, of lofing their
principal, and are therefore allowed to contract for fuch intereft or
confideration-money for the use or forbearance of the principal, as
can be agreed upon between the borrowers and the lenders: and it is
confidered, That it may be a great advantage and encouragement to
trade and navigation, if fuch merchants and traders might have it in
their power, at their own election, either to have recourfe to one of
the corporations to be erected and eſtabliſhed in purſuance of this act,
or to private or particular perſons, for borrowing money upon bot-
tomry as aforefaid, at fuch rate or rates as fhall be agreed upon be-
tween fuch borrowers and lenders respectively and whereas the
fole right and prerogative of granting charters of incorporation (not
being fuch as are repugnant to any law or ftatute of this realm) doth
belong to your Majefty; and it is confidered, That if your Majesty
fhall be graciously pleafed to grant two fuch diftinct charters as afore-
faid, the members of each corporation fo to be erected and eſtabliſhed
(for and in confideration of the advantages which may accrue to them
refpectively thereby, and for having reaſonable powers and privileges
fecured to them in pursuance of this act) may be willing to pay to
your Majesty's ufe fuch fums of money, at fuch times and by fuch pro-
portions, as are herein after mentioned: be it therefore enacted by His Majesty
the King's moſt excellent majefty, by and with the advice and may grant
confent of the lords fpiritual and temporal and commons, in charters to
this prefent parliament affembled, and by the authority of the two diſtinct
fame, That it fhall and may be lawful to and for his Majefty, companies for
by one charter or indenture under the great feal of Great Bri-
ſhips, and for
tain, to declare and grant, that fuch and fo many perfons (who lending mo-
ſhall be named therein, and of whofe abilities and fitnefs his ney on bot-
Majefty fhall thereby declare himself to be well fatisfied) and tomry,
all and every ſuch other perſon and perfons as hereafter from
time to time ſhall be duly admitted as members into their cor-
poration, fhall be one diſtinct and ſeparate body politick and
corporate for the affurance of fhips, goods and merchandizes
:
affurance of
R 3
at
246
.
}
[1719.
Anno fexto GEORGII I. c.18.
They may
chooſe their
own govern-
ors, &c.
at ſea, or going to ſea, and for lending money upon bottomry,
by fuch name as his Majefty fhall think moſt proper and that
it fhall and may be lawful to and for his Majefty, by another
charter or indenture under the great feal of Great Britain, to
declare and grant, that fuch and fo many other perfons (who
ſhall be named therein, and of whofe abilities and fitness his
Majeſty ſhall thereby declare himſelf to be well fatisfied) and all
and every fuch other perfon and perfons as hereafter from time
to time ſhall be duly admitted as members into their corpora-
tion, ſhall be one other diftinct and feparate body politick and
corporate for affurance of fhips, goods and merchandizes at ſea,
or going to fea, and for lending money upon bottomry, by ſuch
to have perpe- name as his Majefty alfo fhall think moſt proper: and that the
tual fucceffion, ſaid ſeveral and reſpective corporations, by their reſpective
but fubject to names aforefaid, fhall have perpetual fucceffion, fubject never-
redemption. theleſs to ſuch redemption or power of revocation as hereafter
in this act is provided concerning the fame; and that the faid
feveral and reſpective corporations, during the continuance.
thereof reſpectively, fhall have power from time to time
to chooſe their respective governors, directors and other
officers and ſervants, for better management of the affairs of
the fame corporations refpectively, in fuch manner and under
fuch qualifications, as fhall be preſcribed in and by the faid re-
ſpective charters or indentures in that behalf; nevertheleſs the
vernors, &c. firft governor and directors of each of the faid two corporations
to be appoint- fhall or may be appointed by his Majeſty, in and by the fame
ed by his Ma- charters or indentures refpectively; and that the faid firſt go-
jeſty.
vernors and directors, and all fubfequent governors and di-
in their places rectors, fhall continue in their reſpective offices for three years,
and in cafe of death or removal be fupplied as in fuch refpective
charters or indentures fhall be preſcribed; and that each of the
common feal. faid corporations or bodies politick, by fuch refpective names
as aforefaid, fhall and may have and ufe a common feal only
for the buſineſs of the fame corporations refpectively, and fuch
ſeal from time to time may break, change, make new or alter,
May purchaſe as ſhall be found moſt expedient; and that each of the faid cor-
lands to the porations fhall be able and capable in law to purchaſe, take and
value of 1000l. enjoy meffuages. lands or tenements not exceeding the value
The first
go.
To continue
for three
years, &c.
To have a
per ann.
May fue or be
fued.
Each of the
of one thousand pounds per annum, and to grant, alien, demife
or difpofe the fame, or any part thereof, at their free wills and
pleaſures; and ſhall be able and capable in law to fue and im-
plead, be fued and impleaded, anfwer and be anſwered in courts
of record, or elſewhere, in all actions and cauſes whatſoever,
for, touching or concerning the affurance of thips, goods or
merchandizes at fea, or lending money upon bottomry, or any
other matter or thing whatſoever concerning the fame corpora-
tions refpectively.
II. And it is hereby further enacted by the authority afore-
corporations faid, That each of the faid two corporations to be erected and
to pay into the eſtabliſhed as aforefaid (for and in confideration of the benefits
exchequer and advantages which may accrue to them refpectively by vir-
300,000l. for
tue
1719.]
247
Anno fexto GEORGII I. c. 18.
Į
7Geo. I. c. 27.
tue of the ſaid reſpective charters or indentures, and the grants difcharging
thereby to be made to each of them) fhall be obliged by force the debts of
and virtue of this act, and of the refpective charters or inden- the civil lift.
tures before-mentioned, to pay or cauſe to be paid into the re- fect. 26.
ceipt of the exchequer at Westminster, for the uſe of the King's
majeſty, in order to diſcharge the debts and expences of his civil
government, the full fum of three hundred thousand pounds.
of lawful money of Great Britain (which for both corporations
will amount in the whole to fix hundred thouſand pound;)
the ſaid payments for each corporation to be made in manner
following; that is to ſay, one full and equal third part there- Times of pay-
of within one calendary month after the date of the re- ment.
ſpective charter or indenture, for or upon account of which
fuch payment is to be made; one full and equal fixth part
thereof within three calendary months after fuch date; one o-
ther full and equal fixth part thereof within five calendary
months after fuch date; one other full and equal fixth part
thereof within eight calendary months after ſuch date; and the
remaining fixth part thereof within ten calendary months after
fuch date, without any deduction, defalcation or abatement
whatſoever.
the times of
payment, cor-
III. And it is hereby enacted, That in caſe the faid corpora- On failure of
tions, or either of them, ſhall make failure in payment of the payment at
faid feveral fums of three hundred thoufand pounds and three
hundred thouſand pounds, to be paid by each of them refpec- poration may
tively as aforefaid, or any part thereof, at the refpective times be fued.
herein before limited for payment of the fame, then and in
every or any ſuch caſe or cafes, the money whereof ſuch failure
in payment fhall be made, fhall and may be recovered in his
Majeſty's name againſt the particular corporation or corpora-
tions making fuch failure, by action of debt or upon the cafe,
bill, fuit or information in any his Majeſty's courts of record at
Westminster, wherein no effoin, protection, privilege or wager
of law fhall be allowed, or any more than one imparlance; and
in ſuch action, bill, fuit or information it fhall be lawful to de-
clare, That the faid corporation fo making default in payment
is indebted to the King's majesty the money whereof ſuch de-
fault in payment fhall have been made, according to the form
of this ftatute, and have not paid the fame, which fhall be fuf-
ficient; and in or upon fuch action, bill, fuit or information Ten per cent.
there fhall be further recovered against the defendants damage damages, with
after the rate of ten pounds per centum per annum for the monies full coſts of
fo unpaid, befides full cofts of fuit; and each corporation for
making default in payment, and its ftock and effects fhall be
and are hereby made fubject and liable thereunto; and if de-
fault ſhall be made in the payment of the faid ſeveral and re- ment for thir
fpective fums of three hundred thousand pounds, or any part ty days, cor-
thereof, by the ſpace of thirty days after any of the days of poration may
be determin-
payment limited as aforefaid for the payment of the fame, or ed
any proportion thereof, that then and from thenceforth it thall
and may be lawful to and for the King's majefty, his heirs and
R 4
fuc-
fuit.
On non-pay-
248
[1719.
Anno fexto GEORGII I. c. 18.
Each corpora-
ftock to an-
fwer all de-
mands on
On neglect
may be fued,
&c.
fucceffors, by any inftrument or writing under his or their
great feal of Great Britain or privy feal, to fignify his or their
pleafure for revoking and making void, and thereby to revoke
and inake void all the powers, privileges and advantages to be
granted as aforefaid to that particular corporation fo making
default, and to determine the fame corporation; and there-
upon the faid powers, privileges and advantages thall accord-
ingly be revoked, and the fame corporation ſhall be determined,
without any inquifition, Scire facias, or any matter or thing
to make void and determine the fame; any thing in this pre-
ſent act contained, or in fuch charters or indentures to be con-
tained to the contrary notwithſtanding.
IV. And be it further enacted by the authority aforefaid,
tion to provide That each of the two corporations to be erected and eſtabliſhed
a fufficient
as aforefaid ſhall be obliged, by force and virtue of this act,
and of the reſpective charters or indentures to be granted or
made forth as aforefaid, from time to time, during the conti-
their policies. nuance of the fame corporations refpectively, to caufe fuch a
ſtock of ready money to be provided and referved, as ſhall be
fufficient to anſwer, from time to time, all juft demands upon
their policies of affurance for any loffes whatſoever which ſhall
happen; and ſhall fatisfy, pay and diſcharge the ſame demands
from time to time, according to the tenors of their respective
policies of affurance, and the true meaning of this act; and in
cafe of refuſal or neglect, the party or parties affured, his, her
or their executors, adminiſtrators or affigns may bring his, her ·
or their action of debt or on the cafe, bill, fuit or information
for the money demanded, againſt the corporation refuſing or
neglecting to pay as aforefaid, in any of his Majeſty's faid courts
of record at Westminster, wherein no effoin, protection, wager
of law, or more than one imparlance thall be granted or allow-
ed; and in ſuch action, bill, fuit or information the plaintiff or
plaintiffs may declare, That the fame corporation is indebted
to him, her or them the money fo demanded, and have not
paid the fame according to this act; and thereupon the plain-
tiff or plaintiffs fhall recover against the fame corporation double
damages, befides full cofts of fuit, and the ſtock and effects of
the particular corporation fo refufing or neglecting to pay, ſhall
be alfo fubject and liable thereto.
For pleas in
Juch a&ions,
JIGeo. 1. c.30.
fect. 43.
Altered as to
double damages
by 8 Geo. 1.
c. 15. fect. 25.
V. And to the end the faid fums of three hundred thouſand
pounds and three hundred thousand pounds may be raiſed and
duly paid into the exchequer for his Majefty's ufe within the
reſpective times before-mentioned; and that fufficient provifion
of money may be made for ready anfwering and paying juft
demands upon the polices of the faid refpective corporations
for loffes which. fhall or may happen at fea; and that the faid
reſpective corporations may be enabled to lend money upon
bottomry as aforefaid, or to lend or advance money upon any
parliamentary fecurities, and may be furniſhed with money for
other their neceffary or lawful occafions: it is hereby further
enacted by the authority aforefaid, That each of the faid cor-
porations
1
*
1719.]
249
Anno fexto GEORGII I. c. 18.
Each corpora-
porations intended to be eſtabliſhed by this act ſhall be obliged,
by force and virtue of this act, and of the reſpective charters tion to raiſe a
or indentures before-mentioned, to raife fuch fums of money capital ſtock
as his Majefty fhall therein direct, not exceeding one million not exceeding
five hundred thouſand pounds, within ſuch time or times, and 1,500,000).
by fuch proportions at a time, and in fuch manner, as in and
by the ſaid charters or indentures refpectively ſhall be appoint-
ed; and the monies fo raiſed ſhall be and be called the capital
ſtock belonging to each of the fame corporations refpectively.
ſhare in the
VI. And be it further enacted by the authority aforefaid, How the capi-
That it fhall and may be lawful to and for the faid refpective tal ftock fhall
corporations (when conftituted) in fuch general courts thereof as be raiſed.
ſhall be authorized to be holden purſuant to the faid charters.
or indentures reſpectively, to raiſe ſuch capital ftocks as afore-
faid, either by taking fubfcriptions from particular perfons
(being or not being members of the faid refpective corporations)
for advancing money for this purpoſe, according to the orders
of fuch general courts refpectively, or by calls of money from
the reſpective members for the time being of the faid feve-
ral corporations, or by fuch other ways and means, and in fuch
methods, as to fuch general courts refpectively fhall feem meet
and expedient for making up the faid capital ftocks refpective-
ly; and that all and every perſon and perfons, by or for whom All ſubſcribers
any ſubſcription fhall be accepted, or any payment made pur- entitled to a
fuant to the orders of fuch general courts refpectively, for or to-
wards the raifing the faid capital ſtocks, not exceeding one
million five hundred thousand pounds, and one million five
hundred thousand pounds as aforefaid, his, her and their ex-
ecutors, adminiftrators and affigns refpectively fhall have and
be entitled to a fhare of and in the faid capital ſtock of that
corporation, towards which he, he or they fhall have contri-
buted, in proportion to the monies which he, fhe or they fhall
have fo contributed towards making up the fame, and to a
proportional ſhare of the profits and advantages attending the
capital ſtock of ſuch corporation refpectively, and fhall be ad-
mitted to be members of the fame; but that no perfon or per-
ſons ſhall be entitled to any greater fhare in the capital or no-
minal ſtock of either of fuch reſpective corporations, than the
money which he, fhe or they fhall have paid towards the
fame.
capital ſtock.
VII. And be it enacted by the authority aforefaid, That the Corporation
faid refpective corporations to be erected and eſtabliſhed as a- may make
forefaid, for better enabling them to anſwer all juft demands calls of money
upon their reſpective policies of affurance for loffes which may from their
members in
happen at fea, and to lend money upon bottomry as aforefaid,
proportion to
at any time or times during the refpective continuances of thoſe their ſtocks.
corporations, according to the true intent and meaning of this
act, fhall have power in their respective general courts, from
time to time, as they fhall fee caufe, to call in or direct to be
paid, from and by their reſpective members for the time being,
proportionally according to their reſpective ſhare or fhares in
the
250
[1719;
Anno fexto GEORGII I. c. 18.
the capital ſtock or ſtocks which do or fhall belong to each of
the corporations, any further fum and fums of money as by
fuch general courts reſpectively ſhall from time to time be judg-
ed neceffary, and be ordered to be called in or raiſed; and
that all executors, adminiftrators, guardians, truſtees and mort-
gagees fhall be indemnified in paying, and are hereby impower-
ed to pay in their reſpective proportions of the money fo call-
Penalty for ed for and in caſe any member or members, who ſhall be
not anſwering required to pay in money upon any call or calls to be made
calls.
purſuant to this act, fhall refuſe or neglect to pay his, her or
their ſhare of the money fo called for, at the time or times ap-
pointed for that purpoſe, by notice inferted in the London Ga-
Zette and upon the Royal Exchange in London, it fhall and may
be lawful to and for the faid refpective corporations, and their
fucceffors, not only to ftop the fhare, dividends and profits
which ſhall from time to time become payable by that particu-
lar corporation to fuch member or members fo neglecting or re-
fufing, and to apply the fame from time to time for or towards
payment of the fhare of money fo called for, and which ought
to have been paid by fuch member or members fo neglecting
or refufing, until the fame fhall be fatisfied; but alſo to ſtop
the transfers or affignments of the fhare and fhares of every
ſuch defaulter and defaulters, and to charge fuch defaulter and
defaulters with intereſt after the rate of eight pounds per centum
per annum for the money fo by him, her or them omitted to
be paid, from the time the fame was appointed to be paid until
the payment thereof; and that the ſhare and ſtock, ſhares and
ftocks of fuch defaulter and defaulters fhall be liable to make
good and anſwer the faid monies fo appointed to be paid, and
the intereſt thereof, as aforefaid; and in cafe the fame princi-
pal and intereſt ſhall be unpaid by the ſpace of three months,
then the ſame reſpective corporations, or their reſpective courts
of directors for the time being, fhall have power to authorize
ſuch perſon or perfons as they reſpectively fhall think fit, to
fell, affign and transfer fo much of the ſaid ſtock or ſtocks of
fuch defaulter or defaulters, as will fatisfy and pay the fame,
rendring the overplus (if any be) to the proprietors; and the
money fo called for and paid in fhall be deemed capital ftock,
and fhall be written in the books of the faid refpective corpora-
tions; and the refpective members paying the fame fhall have
credit in the faid books for their refpective proportions or
ſhares thereof; nevertheleſs the faid refpective corporations, and
their reſpective fucceffors, in a general court, from time to
time, when they judge their affairs will admit thereof, fhall or
may cauſe any fum or fums of money which fhall be fo called
in, or any part thereof, to be divided and diftributed to and
amongſt the then members of that corporation, according and
in proportion to the refpective fhare or fhares which they fhall
then have of or in the reſpective capital ſtock or ftocks of the
fame; and their refpective fhares in the capital fhall proportion-
ably be abated,
VIII. And
3719.]
251
Anno fexto GEORGII I. c. 18.
der their com-
VIII. And be it further enacted by the authority aforefaid, Each corpora-
That the faid refpective corporations to be erected and efta- tion may take
bliſhed as aforeſaid, for better enabling them to lend or advance up money un-
money upon any parliamentary fecurities at any time or times mon feal, to
during the reſpective continuances of thofe corporations as a- advance mo-
forefaid, fhall have power from time to time (in cafe they ney on parlia-
ſhall think fit) to borrow or take up money upon bills, bonds mentary fecu-
rities,
or obligations, under their common feal, at ſuch rate or
rates of intereft, for any time not less than fix months from the
borrowing thereof, as they fhall think fit, fo as all the princi-
pal monies which they ſhall reſpectively fo borrow, fhall not at
any time exceed the principal monies which fhall be then
owing to fuch corporation reſpectively upon fuch parliamentary
fecurities, exclufive of the monies which fhall have been ad-
vanced for or upon account of the ſaid ſeveral fums of three
hundred thouſand pounds before mentioned; and that all fuch not charge-
bills, bonds or obligations, under the common feal of either of able with the
the faid corporations, fhall not be chargeable with any duties ftamp duty.
upon ſtampt vellum, parchment or paper; any law or ftatute
made or to be made to the contrary notwithſtanding.
able.
IX. And be it further enacted by the authority aforefaid, Shares in the
That the particular ſhare and ſhares of the reſpective members corporations
of and in the capital or joint ſtock or ſtocks of the two refpec- transferrable
tive corporations before mentioned, from time to time, fhall and devife-
be transferrable, affignable and devifeable, and their bills, bonds.
and obligations, fhall be affignable and recoverable, in fuch
manner and form as his Majefty, by the ſaid reſpective charters
or indentures, fhall prefcribe and appoint, as well in relation
to fuch ſhare and ſhares of ſtock, as in reference to fuch bills,
bonds or obligations refpectively; and that the capital ftocks of Stock a per-
the faid refpective corporations, intended to be erected and fonal eftate,
eſtabliſhed in purſuance of this act, and the fhare and intereſt
of each and every particular member thereof and therein, ſhall
be deemed and adjudged in all courts of law and equity, and
elſewhere, to be a perſonal and not a real eſtate, and ſhall go to
the executors or adminiftrators of the perfon or perfons dying
poffeffed thereof, or entitled thereunto, and not to the heir of
ſuch perſon or perſons; any law, ſtatute, uſage or cuſtom to
the contrary notwithstanding.
and to go to
executors.
X. And be it further enacted by the authority aforesaid, Stock not to
That the capital ftock and ſtocks of the faid refpective corpo- be taxed.
rations, to be eſtabliſhed purſuant to this act, and the fhares,
parts, and intereſt of the reſpective members of the fame cor-
porations, of and in the fame capital ſtock and stocks, or the
ſtock of money to be raiſed for the purpoſes in this act thall,
during the continuance thereof, be exempted, and are hereby
exempted from any taxes, rates, affeffments or impofitions
whatſoever by act of parliament, or otherwife; and that no Governors,
perfon which fhall be governor, director, or other officer of &c. may be
either of the faid corporations to be erected, as aforefaid, fhall members of
parliament,
for that cauſe only be difabled from being a member of par- &c.
liament,
252
[1719.
Anno fexto GEORGII I. c. 18.
ter to make
liament, nor fhall in refpect of fuch fhare or ſhares be or be
adjudged liable to be a bankrupt within the intent and mean-
ing of all or any the ftatutes made against or concerning bank-
rupts, and that no ftock in the faid refpective corporations fhall
be fubject or liable to any foreign attachment by the cuſtom
of London, or otherwife; any law or ftatute to the contrary not-
withſtanding.
His Majeſty
XI. And be it further enacted by the authority aforefaid,
may impower That it fhall and may be lawful for his Majefty, in and by the
them by char- faid reſpective charters or indentures, to grant to the faid re-
by-laws, &c. fpective corporations thereby to be erected or conftituted, power
to make by-laws and ordinances, and fuch further powers, au-
thorities, privileges and advantages, relating to the faid affur-
ances of ſhips, goods, and merchandizes at ſea or going to ſea,
or lending money upon bottomry, as aforefaid, as to his Ma-
jefty fhall feem meet, and to fubject the fame corporations re-
fpectively, and the powers, authorities, privileges and advan-
tages fo to be granted thereunto, as aforefaid, every or any of
them, to fuch reſtrictions and regulations, as to his Majefty
ſhall ſeem moſt expedient, and in the fame charters or inden-
tures refpectively fhall be expreffed.
During the
XII. And be it further enacted by the authority aforesaid,
two corpora- That from and after the granting or making of the ſaid reſpec-
tions, no other tive charters or indentures for erecting the two corporations
focieties may before-mentioned, and paffing the fame under the faid great
affure fhips, or
lend money feal, for and during the continuance of the fame corporations
on bottomry. reſpectively, or either of them, all other corporations or bodies
politick, before this time erected or eſtabliſhed, or hereafter
to be erected or eftablifhed, whether fuch corporations or bodies.
This extends to a partner politick, or any of them, be fole or aggregate, and all fuch fo
cieties and partnerſhips as now are, or hereafter ſhall or may
for general purposes be entred into by any perfon or perfons, for afluring ſhips or
linding
bottomry merchandizes at fea, or for lending money upon bottomry,
6. s. 157-ſhall by force and virtue of this act be restrained from granting,
HS.
figning or under-writing any policy or policies of affurance, or
making any contracts for affurance of or upon any ſhip or ſhips,
goods or merchandizes at fea or going to fea, and from lend-
ing any monies by way of bottomry, as aforefaid; and if any
Penalty for corporation or body politick, or perfons acting in fuch fociety
corporations or partnership (other than the two corporations intended to be
affuring. eftablished by this act, or one of them) fhall prefume to grant,
fign or underwrite, after the four and twentieth day of June
one thouſand ſeven hundred and twenty, any fuch policy or
policies, or make any fuch contract or contracts for affurance
of or upon any fhip or fhips, goods or merchandizes at fea or
going to fea, or take or agree to take any premium or other
reward for fuch policy or policies, every fuch policy and policies
of affurance of or upon any fuch fhip or fhips, goods or mer-
chandizes, ſhall be ipfo facta void, and all and every ſum and
fums fo figned or underwritten in fuch policy or policies fhall
be forfeited, and ſhall and may be recovered, to wit, one moiety
thereof
1719.]
253
Anno fexto GEORGII I. c. 18.
1
thereof to the uſe of his Majefty, his heirs and fucceffors, and
the other moiety thereof to the uſe of ſuch perſon or perſons as
will inform or fue for the fame, in any of his Majefty's courts
of record at Westminster, in which action, fuit or information,
no effoin, protection, privilege, wager of law, or more than
one imparlance ſhall be granted or allowed and if any corpo- Penalty for
ration or body politick, or perſons acting in ſuch fociety or part- lending mo-
nerſhip, as aforefaid, other than the two corporations intended ney on bot-
to be eſtabliſhed by this act, or one of them, fhall prefume to tomry.
lend, or agree to lend, or advance, by themselves, or any o-
thers on their behalf, after the faid four and twentieth day of
June one thouſand ſeven hundred and twenty, any money by
way of bottomry, as aforefaid, contrary to this act, the bond or
other fecurity for the fame fhall be ipfo facto void, and fuch
agreement fhall be adjudged to be an ufurious contract, and the
offenders therein fhall fuffer as in cafes of ufury: nevertheleſs it But any pri
is intended and hereby declared, That any private or particular vate perfons
perfon or perfons fhall be at liberty to write or underwrite any may affure,
policies, or engage himſelf or herſelf in any affurances of, for, or
upon any ſhip or fhips, goods or merchandizes at ſea or going to
fea, or may lend money by way of bottomry, as aforefaid, as
fully and beneficially as if this act had never been made, ſo as
the ſame be not upon the account or rifque of a corporation or
body politick, or upon the account or rifque of perſons acting
in a fociety or partnerſhip for that purpoſe, as aforefaid; any
thing herein contained to the contrary notwithſtanding.
/
\
:
&c.
common feal
XIII. And it is hereby enacted, That if any perfon or per- Forging the
fons ſhall forge or counterfeit the common feal of either of the
ſaid corporations to be erected and eſtabliſhed purſuant to this of the corpo-
act, or ſhall forge, counterfeit or alter any policy, bill, bond rations, or any
or obligation, under the common feal of either of the fame cor- policy, &c.
Felony.
porations, or ſhall offer to difpofe of or pay away any ſuch
forged, counterfeit or altered policy, bill, bond or obligation,
knowing the fame to be fuch, or fhall demand the money
therein contained or pretended to be due thereon, or any part
thereof, of or from fuch of the fame corporations as thall be
mentioned or referred to therein, or any of their officers, know-
ing fuch policy, bill, bond or obligation, to be forged, coun-
terfeited or altered, with intent to defraud the fame corpora-
tion, or their fucceffors, or any other perſon or perſons what-
foever, every ſuch perfon or perfons fo offending, and being
convicted thereof in due form of law, fhall be guilty of felony,
and fuffer as in cafes of felony, without benefit of clergy.
at the fame
XIV. Provided always, and be it further enacted by the au- None may be
thority aforefaid, That no perfon fhall be capable of being elect- governor, &c.
ed a governor, fub-governor, deputy-governor, or director of of both the
either of the corporations intended to be erected and eſtabliſh- Corporations
ed in purſuance of this act, during the time that he fhall be a time,
governor, fub-governor, deputy-governor, or director of the
other corporation intended to be erected and eſtabliſhed in pur-
fuance of this act; and that every perſon who fhall be elected
254
[1719.
Anno fexto GEORGII I. C. 18.
a governor, fub-governor, deputy-governor, or director of ei-
ther of the corporations intended to be erected and eſtabliſh-
ed in purfuance of this act ſhall, during the time he ſhall be
fuch governor, fub-governor, deputy-governor, or director, be
incapable of being chofen a governor, fub-governor, deputy-
governor, or director of the other corporation intended to be
or purchaſe
erected and eſtabliſhed in purſuance of this act; and if any go-
ftock in both vernor, fub-governor, deputy-governor, or director, or mem-
corporations. ber of either of the corporations intended to be erected and
eſtabliſhed in purſuance of this act, having any fhare in the ca-
pital ſtock of that corporation, fhall in his or her own name,
or in the name or names of any other perfon or perſons in truſt
for fuch governor, fub-governor, deputy-governor, director or
member, purchaſe any fhare in the capital ftock of the other
corporation intended to be erected and eſtabliſhed in purſuance
of this act, that then and in every ſuch caſe, the ſhare ſo pur-
chaſed ſhall be forfeited; the one moiety thereof to the uſe of
his Majefty, his heirs and fucceffors, and the other moiety to
the uſe of ſuch perſon or perſons as will inform or fue for the
ſame, and to be recovered in the manner before-mentioned.
Penalty.
On three years
notice at any
time within
31 years, on
payment of
the 300,000l.
the corpora-
tions may be
determined
by parliament.
tions are
judged incon-
venient, his
XV. Provided always, and it is hereby further enacted by
the authority aforesaid, That upon three years publick notice
to be printed in the London Gazette, and affixed upon the Royal
Exchange in London, by authority of parliament, at any time.
within or during the term of thirty one years, to be reckoned
from the date or reſpective dates of the two charters or inden-
tures intended to paſs under the great feal of Great Britain, as
aforefaid, and upon payment by parliament to the ſaid refpec-
tive corporations of the faid refpective fums of three hundred
thousand pounds, and three hundred thouſand pounds, which
ſhall have been advanced to his Majefty's ufe, as aforefaid,
without any intereſt or confideration for the forbearance there-
of, then and not till then the faid refpective corporations, and
all the powers, privileges, benefits and advantages to be grant-
ed to them reſpectively, in purfuance of this act, fhall ceafe,
determine and become void; any thing contained in this act,
or to be contained in the faid charters or indentures, or either
of them, to the contrary notwithſtanding; and that any vote
or refolution of the houſe of commons fignified by the ſpeaker
in writing, to be inferted in the faid London Gazette, and affix-
ed on the Royal Exchange in London, as aforefaid, thall be deem-
ed and adjudged to be fufficient notice within the words and
meaning of this act.
After 31 years,
XVI. Provided alfo, and it is hereby enacted, That if at any
if the corpora- time after the expiration of the ſaid term of thirty one years,
his Majefty, his heirs or fucceffors, fhall judge the farther
continuance of the faid two corporations to be hurtful or in-
convenient to the publick, then and from thenceforth it fhall
and may be lawful to and for his Majefty, his heirs or fuccef-
fors, by any letters patents under the great feal of Great Bri-
tain, to revoke and make void the fame corporations, and all
Majeſty may
determine
them.
the
1719.]
255
Anno fexto GEORGII I. c. 18.
the powers, privileges, benefits and advantages to be granted
to them refpectively, as aforefaid, and thereupon the fame ſhall
determine and become void accordingly, without any inquifi-
tion, fcire facias, or other matter or thing to make void or de-
termine the fame; any thing contained in this act, or to be
contained in the faid charters or indentures, or either of them,
to the contrary notwithstanding.
XVII. Nevertheleſs it is intended and hereby declared and No other like
enacted, That in cafe the faid corporations fhall be redeemed corporations
upon fuch notice and payment, within the faid term of thirty grantable.
one years, or be revoked by ſuch letters patents, as aforefaid,
after the faid term of thirty one years, the fame corporations,
or any corporation or corporations, with like powers, privi-
leges, benefits and advantages, fhall not be grantable again to
any perſons or corporations whatſoever, but fhall remain fup-
preffed for ever, as having been found inconvenient and preju-
dicial to the publick.
XVIII. And whereas it is notorious, that feveral undertakings
or projects of different kinds have, at some time or times fince the
four and twentieth day of June one thouſand ſeven hundred and eigh-
teen, been publickly contrived and practifed, or attempted to be prac-
tifed, within the city of London and other parts of this kingdom,
as alfo in Ireland, and other his Majefly's dominions, which mani-
feftly tend to the common grievance, prejudice and inconvenience of
great numbers of your Majesty's fubjects in their trade or commerce,
and other their affairs; and the perfons who contrive or attempt
fuch dangerous and mischievous undertakings or projects, under falfe
pretences of publick good, do prefume, according to their own devices
and ſchemes, to open books for publick ſubſcriptions, and draw in
many unwary perſons to fubfcribe therein towards raifing great fums
of money, whereupon the fubfcribers or claimants under them do pay
Small proportions thereof, and fuch proportions in the whole do amount
to very large fums; which dangerous and mischievous undertakings
or projects do relate to feveral fisheries, and other affairs, wherein
the trade, commerce, and welfare of your Majesty's fubjects, or great
numbers of them, are concerned or interested: and whereas in many
cafes the faid undertakers or fubfcribers have, fince the faid four and
twentieth day of June one thousand feven hundred and eighteen, pre-
fumed to act as if they were corporate bodies, and have pretended to
make their fhares in ſtocks transferrable or aſſignable, without any le-
gal authority, either by act of parliament, or by any charter from
the crown for fo doing; and in fome cafes the undertakers or ſub-
fcribers, fince the faid four and twentieth day of June one thouſand
Seven hundred and eighteen, have acted or pretended to act under
Some charter or charters formerly granted by the crown for fome par-
ticular or Special purposes therein expreſſed, but have uſed or endea-
voured to use the fame charters for raiſing joint stocks, and for mak-
ing transfers or affignments, or pretended transfers or affignments
for their own private lucre, which were never intended or defigned
by the fame charters refpectively; and in fome cafes the undertakers
or fubfcribers, fince the faid four and twentieth day of June one thou-
fand
256
[1719.
Anno fexto GEORGII I. c. 18.
1720. all un-
trade,
fand feven hundred and eighteen, have acted under fome obfolete char-
ter or charters, although the fame became void or voidable by nonufer
or abuſer, or for want of making lawful elections, which were ne-
ceflary for the continuance thereof; and many other unwarrantable
practices (too many to enumerate) have been, and daily are and may
hereafter be contrived, fet on foot, or proceeded upon, to the ruin
and deſtruction of many of your Majesty's good fubjects, if a timely
remedy be not provided: and whereas it is become abfolutely neceffary,
that all publick undertakings and attempts, tending to the common
grievance, prejudice and inconvenience of your Majesty's fubjects in
general, or great numbers of them, in their trade, commerce, or other
lawful affairs, be effectually ſuppreſſed and restrained for the future,
by fuitable and adequate punishments for that purpose to be afcertained
After 24 June and established: now for fuppreffing ſuch mifchievous and dan-
gerous undertakings and attempts, and preventing the like
dertakings
tending to the for the future, may it pleaſe your moft excellent Majefty, at
prejudice of the humble fuit of the faid lords fpiritual and temporal and
commons, in this preſent parliament affembled, that it
may be
enacted; and be it enacted by authority of this preſent parlia
ment, That from and after the four and twentieth day of June
one thouſand ſeven hundred and twenty, all and every the un-
dertakings and attempts defcribed, as aforefaid, and all other
publick undertakings and attempts, tending to the common
grievance, prejudice and inconvenience of his Majeſty's ſub-
jects, or great numbers of them, in their trade, commerce, or
other lawful affairs, and all publick ſubſcriptions, receipts, pay-
fcriptions, &c. ments, affignments, transfers, pretended affignments and tranf-
fers, and all other matters and things whatſoever, for further-
ing, countenancing or proceeding in any fuch undertaking or
attempt, and more particularly the acting or prefuming to act
as a corporate body or bodies, the raifing or pretending to raiſe
or prefuming transferrable ſtock or ftocks, the transferring or pretending to
to act as cor- transfer or affign any fhare or fhares in fuch ſtock or ſtocks,
porate bodies
without legal authority, either by act of parliament, or by any
charter from the crown, to warrant fuch acting as a body cor-
porate, or to raiſe fuch transferrable ſtock or ſtocks, or to
transfer fhares therein, and all acting or pretending to act un-
der any charter, formerly granted from the crown, for particu-
lar or ſpecial purpoſes therein expreffed, by perſons who do
or fhall uſe or endeavour to uſe the fame charters, for raiſing a
capital ſtock, or for making transfers or affignments, or pre-
tended transfers or affignments of ſuch ſtock, not intended or
defigned by fuch charter to be raiſed or transferred, and all
acting or pretending to act under any obfolete charter become
and all acting void or voidable by nonufer or abuſer, or for want of making
under obfolete lawful elections, which were neceffary to continue the corpora-
charters, &c.
tion thereby intended, fhall (as to all or any ſuch acts, matters
and things, as fhall be acted, done, attempted, endeavoured
or proceeded upon, after the faid four and twentieth day of
June one thouſand ſeven hundred and twenty) for ever be deemed
and all fub-
thereto,
without legal
authority,
1
to
1719.]
257
Anno fexto GEORGII I. c. 18:
{
to be illegal and void, and ſhall not be practiſed or in any wife ſhall be deem-
put in execution.
ed illegal and
void.
XIX And be further enacted by the authority aforefaid, All fuch un-
That from and after the faid four and twentieth day of June dertakings
one thouſand ſeven hundred and twenty, all fuch unlawful un- deemed pub-
dertakings and attempts, fo tending to the common grievance, lick nufances.
prejudice and inconvenience of his Majefty's fubjects, or a
great number of them, in their trade, commerce, or other law-
ful affairs, and the making or taking of any fubfcriptions for
that purpoſe, the receiving or paying of any money upon fuch
fubfcriptions, the making or accepting of any affignment or
transfer, or pretended allignment or transfer, of any fhare or
fhares upon any fuch fubfcription, and all and every other mat-
ter and thing whatſoever, for furthering, countenancing, or
proceeding in any fuch unlawful undertaking or attempt, and
more particularly the prefuming or pretending to act as a cor-
porate body, or to raiſe a transferrable "ftock or ſtocks, or to
make transfers or affignments of any fhare or fhares therein,
without fuch legal authority, as aforefaid, and all acting or pre-
tending to act under any charter formerly granted from the
crown for any particular or fpecial purpoſes therein expreffed,
by perſons making or endeavouring to make uſe of ſuch char-
ter for any fuch other purpoſe not thereby intended, and all
acting or pretending to act under any fuch obfolete charter as is
before defcribed, and every of them (as to all or any ſuch acts,
matters or things as fhall be fo acted, done, attempted, endea-
voured or proceeded upon, after the faid four and twentieth
day of June one thouſand feven hundred and twenty) fhall be
deemed to be a publick nufance and nufances, and the fame,
and all cauſes, matters and things relating thereto, and every
of them, fhall for ever hereafter be examined, heard, tried
and determined as common nufances are to be examined, heard,
tried, and determined by or according to the laws of this realm;
and all offenders therein, being thereof lawfully convicted upon
information or indictment, in any of his Majeſty's courts of re-
cord at Westminster, or in Edinburgh, or in Dublin, fhall be li-
able to fuch fines, penalties, and puniſhments, whereunto
perfons convicted for common and publick nuſances are, by
any of the laws and ftatutes of this realm, fubject and liable;
and moreover ſhall incur and ſuſtain any further pains, penal-
ties and forfeitures, as were ordained and provided by the fta- and fhall incur
a præmunire.
tute of provifion and præmunire made in the fixteenth of the
year
16 R. 2. C. 5.
reign of King Richard the Second.
XX. And be it further enacted by the authority aforefaid, How mer-
That if any merchant or trader, at any time after the faid four chants or tra
and twentieth day of June one thoufand feven hundred and ders may have
twenty, fhall fuffer any particular damage in his, her or their their remedy
against the un-
trade, commerce, or other lawful affairs, by occafion or means dertakers.
of any undertaking or attempt, matter or thing, by this act de-
clared to be unlawful, as aforefaid, and will fue to be relieved
therein, then and in every fuch cafe, fuch merchant or trader
VOL. XIV.
S
fhall
258
[1719.
Anno fexto GEORGII I. C. 18.
Peralty on
brokers buy-
ing or felling
any fhares in
fuch under-
takings.
Not to extend
to undertak-
ings fettled
before 24 June,
17187
Nor to preju
dice the two
corporations
hereby erect-
ed.
ſhall and may have his and their remedy for the fame by an
action or actions to be grounded upon this ftatute, against the
perfons, focieties or partnerfhips, or any of them, who con-
trary to this act ſhall be engaged or intereſted in any fuch un-
lawful undertaking or attempt; and every fuch action and ac-
tions ſhall be heard and determined in any of his Majesty's courts
of record aforefaid, wherein no effoin, protection, wager of law,
or more than one imparlance ſhall be granted or allowed; and
in every fuch action the plaintiff fhall or may recover treble da-
mages with full cofts of fuit.
XXI. And it is hereby further enacted by the authority afore-
faid, That if any broker or perfon acting as a broker for him-
felf, or in behalf of any others, at any time or times after the
ſaid four and twentieth day of June one thouſand feven hun-
dred and twenty, fhall bargain, fell, buy or purchaſe, or con-
tract or agree for the bargaining, felling, buying or purchaſing
of any fhare or intereft in any of the undertakings by this act
declared to be unlawful, or in any ſtock or pretended ſtock of
fuch undertakers, that then and in every fuch cafe, every fuch
broker or perfon acting as fuch, fhall not only be difabled and
rendred incapable to be or act as a broker for the future, but
shall alfo forfeit and lofe the fum of five hundred pounds, to be
recovered, to wit, one moiety thereof to the uſe of the King's
majefty, his heirs and fucceffors, and the other moiety thereof
to the uſe of any perfon or perfons who will inform or fue for
the fame in any of his Majefty's faid courts of record, as afore-
faid, with full cofts of fuit.
XXII. Provided always, and be it enacted by the authority
aforefaid, That this act, or any thing therein contained, fhall
not extend to any undertakings, or other matters or things
fettled, eſtabliſhed, or practifed in point of time before the faid
four and twentieth day of June one thouſand ſeven hundred and
eighteen, but that the fame, and every of them, fhall be of fuch
or the like force, effect or validity, and no other, as they re-
fpectively would be of in caſe this act had never been made
any thing herein contained to the contrary notwithstanding.
;
XXIII. Provided alfo, and it is hereby further intended, de-
clared and enacted by the authority aforefaid, That any of the
claufes, matters or things in this act contained, fhall not extend,
or be conſtrued to hinder his Majefty from erecting or establish-
ing the two corporations intended by this act to be erected and
established, as is above mentioned, or either of them, or to pre-
judice thofe two corporations, or either of them, (when erected)
in the exerciſe or enjoying of the powers, privileges, benefits or
advantages intended to be granted to them reſpectively, by fuch
reſpective charters or indentures as are above mentioned in that
behalf, fubject nevertheleſs to ſuch powers of redemption or re-
vocation as are above in this act prefcribed for that purpoſe,
any thing in this act contained to the contrary notwithstanding.
XXIV. Provided alſo, That any thing in this act contained
Sea company ſhall not extend, or be conftrued to extend to hinder or deprive
6
Or the South-
the
1719.]
259
Anno fexto GEORGII I. c. 18.
the corporation of the governor and company of merchants of
Great Britain, trading to the South-Seas and other parts of Ame-
rica, and for encouraging the fishery, or their fucceffors, from
having and enjoying of all and every or any fuch powers, pri-
vileges, benefits, profits, properties, matters and things, as do
or fhall belong to them, or which they could or might enjoy,
in any manner of wife whatfoever, if this act had not been
made (except as to inſurance upon fhips and merchandize at
fea or going to fea;) any thing herein contained to the contrary
in any wife notwithſtanding.
home or fo-
XXV. Provided always, That nothing in this act fhall ex- Nor to reſtrain
tend, or be conſtrued to extend to prohibit or reſtrain the car- the carrying
rying on of any home or foreign trade in partnerſhip in fuch on of any
manner as hath been hitherto ufually, and may be legally done
reign trade in
according to the laws of this realm now in force, excepting on- partnerſhip.
ly as to the infuring of fhips and goods or merchandizes at fea,
or going to fea, and lending money upon bottomry; any thing
in this act to the contrary in any wife notwithſtanding.
XXVI. Provided nevertheleſs, That it fhall and may be law- South-Sea and
ful to and for the governor and company of merchants of Great Eaft-India
companies
Britain, trading to the South-Seas and other parts of America,
may advance
and for encouraging the fifhery, and for the united company of money on bot-
merchants of England trading to the East-Indies, and they and tomry to their
either of them have refpectively hereby liberty, at any time or captains, &c.
times hereafter, to advance or lend on the bottom of any fhip or
veffel, fhips or veffels, and on goods and merchandizes on board
any thip or veffel, thips or veffels of the faid reſpective compa-
nies, or that is, are or ſhall be employed in the ſervice of the
faid companies reſpectively, to any captains or commanders,
agents, failors, or fervants, or other perfon or perfons, which
ſhall at any time or times be imployed in the ſervice of the ſaid
reſpective companies, any fum or fums of money whatſoever by
way of bottomry; any thing in this act contained to the con-
trary notwithſtanding.
created,
XXVII. Provided always, and be it further enacted by the Nor to extend
authority aforefaid, That nothing in this act contained ſhall ex- to corpora-
tend, or be conſtrued to extend to any corporation formerly tions formerly
created for the carrying on a trade, which they have publickly
or to any fub-
continued to exercife from the time of their eſtabliſhment; or
ſcriptions to
to any ſubſcriptions made or to be made for enlarging the capi- be made to
tal ſtock of the governor and company of merchants of Great the capital of
Britain, trading to the South-Seas and other parts of America, the South-Sea,
and for encouraging the fishery (by or by order of the general
court, or court of directors of the fame company) or to any re-
ceipts made out and given, or to be made out or given, in re-
fpect of fuch fubfcriptions, but that all fuch fubfcriptions made
and to be made, fhall be firm and valid, and all receipts made
out and given, or to be made out or given, concerning the fame,
fhall be affignable at law by endorſement made or to be made
thereon; any thing in this or in any other act, or any law,
uſage or cuſtom to the contrary notwithſtanding.
XXVIII. Pro-
$ 2
260
[1719)
Anno fexto GEORGII I. C. 19.
Salvo for Eaſt-
leges.
XXVIII. Provided alfo, That any thing in this act contain-
India compa- ed fhall not extend, or be conſtrued to extend to hinder or de-
ny's privi-
prive the corporation of the united company of merchants of
England trading to the East-Indies, from having and enjoying all
and every fuch powers, privileges, franchiſes, benefits, matters
and thing, as do or fhall belong to them, or which they could
or might enjoy in any manner of wife if this act had not been
made; any thing in this act to the contrary notwithſtanding.
Companies
not to lend
money to the
crown but on
XXIX. Provided always, and it is hereby further enacted,
That if any governor, fub-governor, deputy-governor, director,
or member of either of the corporations intended to be erected
credit of acts and eſtabliſhed in purſuance of this act fhall, upon the account
of parliament. of the faid corporations, or either of them, hereby intended to
be eſtabliſhed, at any time or times advance or lend to his Ma-
jefty, his heirs or fucceffors, any fum or fums of money, by way
of loan or anticipation, on any part or parts, branch or branches,
fund or funds of the revenues now granted or belonging, or
hereafter to be granted or belonging to his Majefty, his heirs or
fucceffors, other than fuch fund or funds, part or parts, branch
or branches of the faid revenue only, on which a credit of loan
is or fhall be granted by parliament, That then the faid govern-
or, fub-governor, deputy-governor, director, or other members
of the ſaid corporations, or either of them, who ſhall conſent,
agree to, or approve of the advancing or lending to his Majefty,
his heirs or fucceffors, fuch fum or fums of money, as afore-
faid, and each and every of them, fo agreeing, confenting or
approving, and being thereof lawfully convicted, fhall, for every
fuch offence, forfeit treble the value of every fuch fum or fums
of money fo lent, whereof one fifth part ſhall be to the inform-
er, to be recovered in any of his Majefty's courts of record at
Weſtminſter, by action of debt, bill, plaint or information, where-
in no protection, wager of law, effoin, privilege of parliament,
or other privilege, fhall be allowed, nor any more than one im-
parlance, and the refidue to be diſpoſed of towards publick uſes
as fhall be directed by parliament, and not otherwife.
Penalty.
10 Ann. c. 14.
fect. 2.
CAP. XIX.
An act for making perpetual ſo much of an act made in the
tenth year of the reign of Queen Anne, for the reviving
and continuing feveral acts therein mentioned, as relates to
the building and repairing county gaols; and alſo an act of
the eleventh and twelfth years of the reign of King William
the Third, for the more effectual fuppreffion of piracy; and
for making more effectual the act of the thirteenth year of
the reign of King Charles the Second, intituled, An act
for eſtabliſhing articles and orders for the regulating and
better government of his Majefty's fhips of war and
forces by fea.
HEREAS in an act made in the tenth year of the
W High Queen Anne, intituled, An act for the reviving
and
*
1719.]
Anno fexto GEORGII I. c. 20.
261
and continuing ſeveral acts therein mentioned, for the prevent-
ing of mifchiefs which may happen by fire; for building and
repairing county gaols; for exempting of apothecaries from ferv-
ing pariſh and ward offices, and ſerving upon juries; and re-
lating to the returning of jurors, there is a claufe relating to the
building and repairing county gaols, which by experience has been found
very useful and beneficial to the publick, and will expire at the end of
this prefent feffion of parliament: be it therefore enacted by the So much of the
King's moſt excellent majefty, by and with the advice and con- recited act as
fent of the lords fpiritual and temporal, and commons, in this
county gaols,
prefent parliament affembled, and by the authority of the fame, made perpe-
That fo much of the faid act made in the tenth year of the tual.
reign of Queen Anne, as relates to the building and repairing
county gaols, ſhall be and is hereby made perpetual.
relates to
II. And whereas vagrants and other criminals, offenders and per-
fons charged with ſmall offences, are for fuch offences, or for want
of fureties, to be committed to the county gaol, it being adjudged,
that by law the juftices of the peace cannot commit them to any other
priſon for ſafe custody, which by experience hath been found to be very
prejudicial and expenfive: be it enacted by the authority aforefaid, Juftices of
That it fhall and may be lawful to and for the juſtices of the peace may
peace within their refpective jurifdictions, to commit fuch va- commit va-
grants and other criminals, offenders, perfon and perfons, either the common
to the common gaol or houſe of correction, as they in their gaol or houſe
judgment ſhall think proper; any law, cuſtom or ufage to the of correction.
contrary notwithstanding.
grants, &c. to
c. 7. made
III. And be it further enacted by the authority aforefaid, The act of
That the act made in the eleventh and twelfth years of the 11 & 12 W. 3.
reign of his late majefty King William the Third, intituled, perpetual.
An act for the more effectual fuppreffion of piracy, ſhall be and is
hereby made perpetual.
Perfons in the fea fervice, who ſhall commit any of the crimes mentioned
in 13 Car 2. ftat. 1. c. 9. upon the fhore in foreign parts, fhall be tried
and puniſhed, as if they had been committed on the main fea. Rẹp. zz
Geo. 2. C. 33.
CAP. XX.
An act for continuing the acts formerly made for repairing the highways
in the county of Hertford therein mentioned, and for making the ſaid
acts more effectual.
i
After Nov. 4, 1722, the tolls by the act 15 Car. 2. c. 1. to be taken at Repealed in
Wadefinill, thall be continued, in manner as by the recited acts, for 15 part by 6 Geo.
years; and the money to be applied to repair the highways in the county 2. C. 24. and
of Hertford. But on an adjudication at the affizes or feffions that the ways EX P.
are in good repair, the toll ſhall ceafe. The officers, &c. impowered by
the former acts, fhall from Nov. 2, 1722, have the like powers by virtue
of this act and all claufes, &c. fhall be continued,
:
CAP.
$3
262
[1719.
Anno fexto GEORGII I. C. 21.
This and the
following fec-
tion repealed
by 3 Geo. 2.
č. 7. fect. 13.
After 24 June
1720. No mal-
fter to wet his
CAP. XXI.
An act for preventing frauds and abufes in the publick reve-
nues of excife, customs, stamp-duties, post-office, and houſe-
money.
HEREAS ſeveral perfons in carrying or managing their re-
Spective trades, manufactures or dealings do frequently contrive
and commit great frauds, deceits and abufes, which daily increafe, and
apparently tend not only to the diminution of his Majesty's revenues
and publick incomes, but alſo to the difcouragement of all fair traders,
manufacturers and dealers, and the difcredit of goods of the growth,
product and manufacture of Great Britain in foreign parts, and par-
ticularly many perfons in feveral parts of this kingdom of Great Bri-
tain, who make malt in order to export the fame to parts beyond the
feas (to the intent that they may obtain greater drawbacks and allow-
ances upon the exportation thereof than were intended by law to be
granted for the fame) do in the making of fuch malt increase the quan-
tity thereof in bulk and meaſure much beyond what the fame malt was
when guaged and charged with the duties chargeable thereon by the
officers for the faid duties on malt, when fuch malt was in the ciftern
or uting vat, or upon the couch, by watering or wetting the faid malt,
whilft the fame is working upon the floor; and by thofe and other un-
due practices caufing the faid malt not only to run out and grow at that
end of the grain from which the root proceeds, but alſo to ſprout, run
out and grow at the other end of the grain from which the blade pro-
ceeds, which last mentioned sprouting, running out and growing at the
end from which the blade proceeds, is commonly called and known by the
name of acrefpiring, and is not only a great prejudice to the malt fo
made, but increaſes the fame much in bulk and meaſure, to the
difparagement of the trade of British malt in parts beyond the feas,
and leffening of his Majesty's revenues: for remedy whereof, be
it enacted by the King's moft excellent majefty, by and with the
advice and confent of the lords fpiritual and temporal and com-
mons, in this prefent parliament affembled, and by authority
of the fame, That from and after the four and twentieth day of
June one thouſand feven hundred and twenty no malſter or ma-
ker of malt for fale or exportation fhall caufe or permit any bar-
ley, or other corn or grain by him, her or them making into
malt, to be ſteeped, wetted or watered upon the couch or floor,
or in any other place but in his, her and their reſpective cifterns
or uting vats, duly entred for that purpoſe at the office of excife
of the divifion or place where fuch malt fhall be wetted, on pain
of forfeiting for every bushel of malt which ſhall be found to have
been ſteeped, wetted or watered contrary to the true intent and
meaning of this act, the fum of two fhillings and fix pence.
REP.
barley on the
floor, &c. but
in his ciftern
duly entred,on
forfeiture of
2s. 6d. per
bufhel.
No malfter to
permit his
corn to be
acrefpired.
great
II. And be it further enacted by the authority aforefaid,
That from and after the faid four and twentieth day of June one
thouſand ſeven hundred and twenty no fuch malfter or maker of
malt for fale or exportation fhall caufe or permit any corn or
grain, by him, her or them making into malt, to be worked or
made
1719.]
263
Anno fexto GEORGII I. C. 21.
ful out of the
made in fuch manner that the fame ſhall acreſpire (that is to ſay)
run out, grow or ſprout at that end of the corn or grain from
which the blade proceeds: and in cafe any fuch malfter or maker Officers may
of malt fhall make or work his corn or grain making into malt take an hand-
in fuch manner that the reſpective ſuperviſors or officers for the floor to fee if
faid duties of the divifion or place, or any of them, where fuch it be acrespir-
corn or grain ſhall be making or working, fhall fufpect the fame, ed.
or fome part thereof, to be acreſpired, as aforefaid, then and in
ſuch caſe it may be lawful for fuch ſuperviſor or fuperviſors, offi-
cer or officers, or any of them, to take out of any particular part
of the floor of fuch wetting of corn or grain fo making into
malt, as he or they shall fo fufpect to be acrefpired, ſo much
thereof as he or they can conveniently take up with one hand
at one time, and to examine the fame to fee if it be acrefpired,
as aforefaid, or not; and in cafe upon examination thereof it ſhall Penalty on
appear that more than one part in fifteen of ſuch corn or grain, malfter.
fo taken up by the hand, is acrefpired, as aforefaid, the intire
wetting of malt, whereof fuch corn or grain ſo taken up by the
hand was part, fhall be deemed, taken and charged as acreſpired
malt, and the malfter or maker thereof thall be charged with the
full duty of fix pence per bufhel for every bufhel of malt of that
wetting, and ſhall not have any allowance out of the fame, for
or in reſpect of its being charged upon the floor, or elſewhere;
and ſhall alſo forfeit and lofe for every bushel of the faid malt,
the further ſum of five fhillings; any act or acts of parliament to
the contrary thereof in any wife notwithſtanding. REP.
Officers difco-
III. Provided always, and be it further enacted by the autho-
rity aforefaid, That the reſpective fupervifor or fupervifors, offi-
vering, to give
cer or officers, who fhall difcover fuch acrefpired corn or grain notice thereof
making into malt, as aforefaid, fhall within the ſpace of eight to maliters.
and forty hours next after the reſpective time or times when the
fame fhall be difcovered, give or leave notice thereof in writing
with or for the refpective malfters or makers of fuch malt, or
with fome or one of his, her or their reſpective fervants, on pain
of forfeiting the ſum of forty fhillings for every neglect of ſuch
notice.
malted oats or
IV. And be it further enacted by the authority aforefaid,
That if any unmalted oats or barley fhall be found mixt with or Forfeiture for
amongſt malt fhipping or fhipped for exportation, that then and mixing un-
in every ſuch caſe, the perfon or perfons who thall ſhip or cauſe
barley with
or procure to be shipped fuch malt fo mixed fhall, for every malt for ex-
bufhel thereof, forfeit and loſe the ſum of five fhillings. portation, 5s.
An officer to
V. And for preventing of frauds in the ſhipping of malt for per bushel.
exportation to parts beyond the feas, and afterwards relanding be appointed
the fame: be it further enacted by the authority aforefaid, That at the ports
from and after the ſaid four and twentieth day of June one thou- for meaſuring
ſand ſeven hundred and twenty, it thall and may be lawful to and malt, and to
for the commiffioners of his Majeſty's revenues of excife for the fee it cleared.
time being, or the major part of them refpectively, from time
to time, to conſtitute and appoint one or more officer or officers
in fuch of the ports of this kingdom where any malt may, is or
ſhall
S 4
A
264
[1719.
Anno fexto GEORGII I, C. 21.
of 5s. per
bufhel.
ſhall be ſhipped in order to be exported to parts beyond the feas,
with intent to obtain a drawback or bounty, not only to fee and
attend the meaſuring of all malt which ſhall be ſhipped or laid
on board any ſhip or veffel for exportation to parts beyond the
feas, in fuch port or ports reſpectively, but alſo to continue on
board fuch fhips or veffels on which fuch malt ſhall be laden or
ſhipped, until the fame fhall be reſpectively cleared their reſpect-
ive ports, in order to prevent the relanding thereof.
VI. And be it further enacted by the authority aforeſaid,
Exporter to
give 48 hours That every perfon and perfons who, from and after the four and
notice before- twentieth day of June aforefaid, fhall intend to fhip any malt
shipping malt, for exportation fhall, by the ſpace of eight and forty hours at
on forfeiture leaft, before the beginning to fhip or put on board any ſhip or
veffel any malt for exportation, give or fend to fuch officer or
officers, as aforefaid, of the port or place where fuch malt fhall
be intended to be ſhipped or put on board, notice in writing of
the particular day, and of the precife hour of fuch day when
fuch ſhipping or putting on board of fuch malt is or ſhall be in-
tended to be begun, on pain to forfeit and loſe the ſum of five
fhillings for every bufhel of malt which ſhall be ſo ſhipped or
put on board for exportation, without fuch notice fo given or
fent, as aforefaid.
Obſtructing
VII. And be it further enacted by the authority aforefaid,
officer, forfeits That if from and after the four and twentieth day of June a-
zol.
forefaid, any perſon or perſons whatſoever ſhall oppoſe, moleſt,
hinder or obftruct any officer or officers of exciſe in the due
execution of the powers or authorities given or granted to fuch
officer or officers, by this or any other act or acts relating to the
duties of excife, every ſuch perſon or perſons ſo doing, ſhall for-
feit and lofe for every fuch offence the fum of ten pounds.
Corn forced
VIII. And for the more effectual preventing the forcing together
together in the of corn, fceping or steeped in order to the making thereof into malt,
ciftern to pre- whereby the rifing and fwelling of fuch corn being prevented and hin-
ventrifing,for- dred, his Majefty is thereby very much defrauded of and in his duty
feits 2s. 6d. upon malt: be it further enacted and declared by the authority
per buthel.
Penalties, how
to be fued for.
aforefaid, That if from and after the four and twentieth day of
June aforefaid, any corn in any ciftern or uting vat, fteeping or
teeped in order to the making thereof into malt, by any malfter
or maker of malt, (other than compounders for the duty on
malt) is or fhall be found fo hard, clofe and compact, as it could
not be, unleſs the ſame had by fome means or other been forced
together to prevent the rifing and fwelling thereof, every mal-
fter and maker of malt (other than compounders for the duty
on malt) where the fame thall be fo found fhall, in every fuch
cafe, forfeit and lofe the fum of two fhillings and fix pence per
bufhel for every bufhel of fuch corn, fteeping or fteeped, which
fhall be found fo hard, clofe and compact, as aforefaid.
IX. And be it further enacted by the authority aforefaid,
That all penalties and forfeitures by this act impoſed or enacted,
for or on account of the duty upon malt, fhall and may be fued
for, levied, recovered or mitigated by fuch ways, means artd me-
thods,
:
1719.]
265
Anno fexto GEORGII I. c. 21.
f
thods, as any penalty or forfeiture is or may be fued for, levied,
recovered or mitigated, by any law or laws of excife, or by ac-
tion of debt, bill, plaint or information, in any of his Majeſty's
courts of record at Weſtminſter, or in the court of exchequer in
Scotland, and that one moiety of every ſuch penalty and forfeiture
fhall be to his Majeſty, his heirs and fucceffors,and the other moi-
ety to him, her or them that fhall inform or fue for the fame.
X. And whercas upon appeals to the justices of the peace, afſſembled On appeals to
at their respective quarter-feffions, against original judgments duly the quarter-
given by particular justices of the peace, upon information duly exhibit- feffions, jufti-
ed before them for offences committed contrary to the respective acts ces to re-hear
upon the me-
relating to the respective duties upon malt, and to the duties upon hides rits,
and ſkins, and pieces of ſkins and hides, tanned, tawed and dreſſed,
and upon vellom and parchment made in Great Britain, feveral fuch
original judgments have at fuch quarter-feſſions been reverfed upon nice
and critical exceptions or objections to the form or forms of fuch pro-
ceedings, without proceeding at fuch quarter-feffions to re-examine and
re-hear the truth and merits of the fact or facts in queſtion between the
parties to fuch information and informations, to the great obſtruction
of justice in fuch cafes: for remedy whereof, be it enacted and
declared by the authority aforefaid, That the intent and mean-
ing of fuch appeal and appeals was and is, That upon fuch ap-
peal and appeals in every and each reſpective cafe, the juftices
affembled at fuch quarter-feffions reſpectively, fhall and do proceed
to re-hear, re-examine, and re-confider the truth and merits of
the fact and facts in queftion between the parties to fuch original.
judgment and judgments reſpectively, and to re-examine the
witneſſes thereto upon oath, and that thereupon the faid juftices.
ſo affembled ſhall and do finally determine of and concerning the
truth and merits of the fact and facts in queftion between the
parties to fuch judgment and judgments refpectively; and if at
fuch quarter-feffions any defect or defects of form fhall be found
in fuch proceedings before the particular juftices who gave fuch
original judgment or judgments, That then in and every ſuch caſe,
fuch defect or defects of form ſhall and may be rectified and a-
defects of
mended by the order or orders of fuch juſtices ſo affembled at ſuch
form in parti-
quarter-feffions; any thing herein, or in any other act or acts cular juftices.
contained to the contrary in any wife notwithſtanding.
and to rectify
houfes, &c. for
!
XI. And whereas his Majefty's revenues both of cuftoms and ex- All distillers,
cife are much leffened by the clandeftine importation of brandy, arrack, &c. to enter
rum, fpirits, and strong waters into this kingdom of Great Britain, their ware
from parts beyond the feas, without payment of any of the duties by keeping bran-
law chargeable on the fame, and the fair dealers in the faid commodities dy, &c. at the
much prejudiced in their trade therein: for remedy whereof, be it next excife-of-
enacted by the authority aforefaid, That on or before the first fice, by 1 Aug.
day of August one thousand feven hundred and twenty, all di- 1720. on for-
ftillers, makers or fellers of or dealers in brandy, arrack, rum, &c.
ftrong waters or ſpirits, either British or foreign, either by whole-
fale or retail, fhall make true and particular entry in writing of
all ware-houfes, ftore-houfes, rooms, fhops, cellars, vaults, and
other places, by him, her or them refpectively made ufe of for
the
feiture of zol.
266
[1719.
Anno fexto GEORGII I. c. 21.
like entry.
the keeping of brandy, arrack, rum, ſpirits or ſtrong waters, ei-
ther Britiſh or foreign, for fale, at the office of exciſe, within the
compafs or limits whereof fuch refpective ware-houſes, ftore-
houſes, rooms, ſhops, cellars, vaults, and other places, fhall be
fituated, and alſo of all brandy, arrack, rum, fpirits and ſtrong
waters, Britiſh and foreign, which at the time of making of fuch
reſpective entries, fhall be in fuch ware-houſes, ftore-houſes,
rooms, shops, cellars, vaults, and other places, and every of
them reſpectively, on pain of forfeiting the fum of twenty pounds
for every fuch ware-houfe, ftore-houſe, room, fhop, cellar,
vault, or other place, which, from and after the faid firſt day of
Auguft one thouſand feven hundred and twenty, fhall be fo made
ufe of by any fuch diftiller, maker, feller or dealer refpectively,
without making fuch entry thereof, as aforefaid, together with
the brandy, arrack, rum, fpirits and ftrong waters, which fhall
be found therein, and alfo the cafks and veffels whatfoever con-
taining the fame.
XII. And be it further enacted by the authority aforefaid,
After 1 Aug. That all and every other perfon or perfons, who after the ſaid
1720.all others first day of August one thouſand feven hundred and twenty fhall
who fhall be- become diftillers, makers or fellers of, or dealers in any fuch
comediſtillers,
&c. to make brandy, arrack, rum, fpirits or ftrong waters, fhall, before he,
ſhe or they take any fuch brandy, arrack, rum, fpirits or ftrong
waters, into his, her or their cuftody or poffeffion, make the like
particular entry in writing of the feveral and refpective ware-
houſes, ſtore-houſes, rooms, fhops, cellars, vaults, and other
places, intended by him, her or them refpectively to be made
ufe of for the keeping of brandy, arrack, rum, fpirits or ſtrong
waters, either British or foreign, on pain of forfeiting the ſum
of twenty pounds for every fuch ware-houſe, ſtore-houſe, room,
fhop, cellar, vault, or other place, fo to be made ufe of by fuch
laft mentioned diſtiller, maker, feller or dealer respectively,
without making fuch entry, as aforefaid, together with the bran-
dy, arrack, rum, fpirits and ftrong waters, which fhall be found
therein, and alſo the cafks and veffels whatſoever containing the
fame.
XIII. And be it further enacted by the authority aforeſaid,
No brandy to That from and after the faid firſt day of August one thouſand
be brought in- feven hundred and twenty no brandy, arrack, rum, fpirits or
to fuch ware. ftrong waters, either British or foreign, fhall be brought into
houſes, &c.
fuch ware-houſe, ftore-houſe, room, thop, cellar, vault or other
without no-
tice, &c. on
place made ufe of by any diftiller, maker or feller of or dealer in
forfeiture, &c. brandy, arrack, ruin, ftrong waters or fpirits, without firſt gi-
ving notice thereof to the officer of excife of the divifion or place
in which fuch ware-houſe, ftore-houſe, room, fhop, cellar, vault,
or other place in which fuch brandy, arrack, rum, fpirits or
ſtrong waters are intended to be lodged, and producing to the
faid officer, and leaving with him an authentick certificate, that
the duties charged or chargeable upon all the ſaid brandy, ar-
rack, rum, fpirits or ftrong waters fo intended to be brought in as
aforefaid, have been actually paid, or that the fame hath been
▼
con-
1719.]
267
Anno fexto GEORGII I. C. 21.
i
enter ware-
condemned as forfeited, or was part of the ftock of fome im-
porter, diſtiller, maker or feller of or dealer in brandy, arrack,
rum, fpirits or ſtrong waters, of which an account has been tak-
en purſuant to this act, and expreffing the quantity and quality
thereof, and at what port or place the faid duties were fo paid,
or the brandy, arrack, rum, fpirits or ſtrong waters condemned
as aforefaid, or of whoſe ſtock the fame was part, on pain of for-
feiting the brandy, arrack, rum, fpirits and ſtrong waters fo
brought in without fuch notice or certificate as aforefaid, toge-
ther with the caſks and veſſels whatſoever containing the fame.
XIV. And be it further enacted by the authority aforefaid,
That from and after the ſaid first day of August one thouſand Officers may
ſeven hundred and twenty, it fhall and may be lawful for the houſes, &c. by
officers of his Majefty's revenues of excife, or any of them, day or night,
from time to time and at all times, by day and by night (and if to take an ac-
in the night-time, in the preſence of a conftable or other officer count of the
of the peace) to enter into all and every the faid ware-houfes, brandy, &c.
ftore-houſes, rooms, fhops, cellars, vaults or other places made
ufe of by any diftillers, makers or fellers of or dealers in bran-
dy, arrack, rum, fpirits or strong waters for keeping the fame,
and by taſting guaging or otherwiſe to take an account of the
quantity and quality of all fuch of the faid liquors, as ſhall at
any time be in their or any of their cuftody; and if any fuch Obſtructing
diftiller, maker or feller of or dealer in brandy, arrack, rum, officers, for-
ſpirits or ſtrong waters ſhall hinder or refuſe the faid officer or feits 50l.
officers to enter into his, her or their faid ware-houſes, ſtore-
houſes, rooms, ſhops, cellars, vaults and other places, or any of
them, to take fuch account as aforefaid, or fhall let, hinder or
obſtruct the ſaid officer or officers in the execution of any of the
powers and authorities by this act given to him or them, the per-
fon or perfons offending therein thall for every fuch offence for-
feit and loſe the fum of fifty pounds.
XV. And be it further enacted by the authority aforefaid, No brandy,&c.
That from and after the ſaid firſt day of August one thouſand ſe- to be fold but
ven hundred and twenty no brandy, arrack, rum, fpirits or in fuch ware-
ſtrong waters, either British or foreign, fhall be fold, uttered or houses on for-
expoſed to fale, either by wholeſale or retail, but when the fame feiture of 40s.
a gallon.
ſhall be in fome or one of the faid ware-houſes, ftore-houſes, Farther provi-
rooms, fhops, cellars, vaults or other places fo entred as afore-fions relating
faid, upon pain of forfeiting the fum of forty fhillings for every hereto 11 Geo.1.
gallon of brandy, arrack, rum, fpirits or ftrong waters as fhall C. 30, fect. 2.
be fo fold, uttered or expofed to fale in any other place or places
than thoſe entred as aforefaid, and in that proportion for any
greater or leffer quantity.
tificates of the
XVI. And be it further enacted by the authority aforefaid, Officer to give
That from and after the ſaid firſt day of August one thouſand fe- the feller cer-
ven hundred and twenty, where any fuch brandy, arrack, rum, quantity of
fpirits or ſtrong waters as aforefaid fhall afterwards be fold in brandy fold,
the faid entred places, or any of them, in great or finall quan- &c. and that
tities, the officer or officers of excife of the reſpective divifions or the duty has
places where the fame fhall be fo fold, fhall be obliged, and are been paid, &c.
here-
268
[1719.
Anno fexto GEORGII I. c.21.
hereby required from time to time, upon the requeſt of the fel-
ler or fellers thereof (without fee or reward) to give to the re-
ſpective buyers thereof certificates in writing figned by the faid
reſpective officer or officers, expreffing the quantities fo fold, and
the name and names of the refpective buyers and fellers there-
of, and that the duty of ſuch brandy, arrack, rum, ſpirits and
ftrong waters fo fold has been paid, or that the fame hath been
condemned as forfeited, or was part of ſuch ſtock as aforeſaid,
to fatisfy the officer or officers of the excife of the reſpective divi-
fions to which the fame is intended to be carried, that the duty
thereof has been paid, or that the fame has been ſo condemned,
or was part of ſuch ſtock, that the feizing thereof may thereby
be prevented.
XVII. And be it further enacted by the authority aforefaid,
That from and after the faid firft day of August one thouſand fe-
Nobrandy, &c.
exceeding a
ven hundred and twenty no brandy, arrack, rum, fpirits or ſtrong
gallon, to be waters, exceeding the quantity of one gallon, fhall be removed
removed with- or carried from any part of this kingdom to another, by land
out a permit. or by water, without fuch permit or certificate from fome or one
of the officers of his Majefty's customs or excife, fignifying and
certifying the quality and quantity thereof, and that his Maje-
fty's duties chargeable thereon have been duly paid and fatisfied,
or that the fame had been condemned, or was part of ſuch ſtock
as aforefaid, on pain of forfeiting the brandy, arrack, rum, fpi-
rits and ſtrong waters which fhall be found carrying from one
place to another without fuch permit or certificate, together with
the caſks and veffels whatſoever containing the fame.
XVIII. And be it further enacted by the authority aforefaid,
Who fhall be That from and after the ſaid firſt day of Angust one thouſand ſe-
deemed fellers ven hundred and twenty, all and every perfon or perfons whatſo-
of brandy. ever, who thall have in his, her or their cuſtody any brandy,
arrack, rum, ſpirits or ſtrong waters, exceeding the quantity of
fixty three gallons, fhall be deemed and taken to be a feller of
and dealer in brandy, arrack, rum, fpirits and ſtrong waters, and
fubject to the furvey of his Majefty's officers of excife.
&.c.
XIX. And be it further enacted by the authority aforeſaid,
Penaltics how That the penalties and forfeitures by this act given for or on ac-
to be fured for, count of any brandy, arrack, rum, fpirits, ftrong waters or
fweets herein after-mentioned fhall and may be ſued for, reco-
vered and levied or mitigated by the fame ways, means and me-
thods, as any penalty or forfeiture given by any of the laws of
excife can or may be fued for, recovered and levied or mitigated;
and that one moiety of every fuch penalty or forfeiture (the rea-
fonable charges of fuing for, recovering and levying thereof be-
ing first deducted) fhall be to his Majefty, his heirs and fuccef-
fors, and the other moiety to him or them that fhall feize, inform
or fue for the ſame.
XX. And whereas the clandeftine importation of brandy, arrack,
rum, fpirits or firong waters from parts beyond the feas into this
kingdom of Great Britain, is of late become more frequent than for-
merly; and his Majesty's officers who ought and do frequently feize
Such
1719.]
Anno fexto GEORGII I. c. 21.
269
;
fuch liquors fo clandeftinely imported, are under great difcouragements
in the performance of their duty therein, in the trouble and expence
they are forced to be at in procuring the fame to be condemned in his
Majesty's court of exchequer, or other of his Majesty's courts: for
remedy whereof, it is hereby provided, enacted and declared by
the authority aforefaid, That from and after the ſaid firſt day of After 1 Aug.
August one thoufand feven hundred and twenty, where any bran- 1720, how
brandy feized
dy, arrack, rum, fpirits or ftrong waters, British or foreign, fhall fhall be fued
be feized as forfeited by virtue or in purſuance of this prefent for and con-
act, or of any other act or acts of parliament relating to his Ma- demned.
jeſty's revenues of cuftoms and excife, or either of them, by any
of his Majeſty's officers of the ſaid revenues, or either of them,
all fuch feizures (except in every cafe where the ſeizure ſhall be
made for unlawful importation, and the whole quantity of the
brandy, arrack, rum, fpirits or ſtrong waters, at any one time for
that cauſe ſeized, doth exceed fixty three gallons) ſhall and may,
in a fummary way, be proceeded upon, heard, examined into
and determined in the manner herein after-mentioned; that is
to fay, in cafe fuch feizures (except before excepted) fhall hap-
pen to be made in any place or places within the immediate li-
mits of the chief excife-office in London, the fame fhall and may,
in a ſummary way, be proceeded upon, heard, examined into
and determined by the commiffioners of excife for the time be-
ing, or the major part of them; and in cafe fuch feizure (except fons relating
Farther provi-
before excepted) ſhall happen to be made in any place or places hereto,8 Geo. 1.
out of the ſaid immediate limits of the ſaid chief office of exciſe c. 18. ſect. 17.
in London, then and in ſuch caſe the ſame ſhall and may, in a
ſummary way, be proceeded upon and examined into, heard,
adjudged and determined by and before any two or more of his
Majeſty's juſtices of the peace refiding near to the place where
fuch feizure or feizures fhall be made; which faid commiffion-
ers and juftices of the peace refpectively, within their reſpective
jurifdictions, fhall be and are hereby authorized and impowered
to cauſe the reſpective perſon or perfons, in whofe cuftody fuch
brandy, arrack, rum, fpirits or ſtrong waters fo to be feized as
aforefaid were found at the time of the feizure thereof, to be
fummoned to appear before them at a certain time and place to
be prefixed by the faid commiffioners of excife and juftices of
the peace refpectively, who are hereby fully authorized, impow-
ered and required, upon the appearance or default of fuch per-
fon or perfons, ſo to be ſummoned, to examine into the caufe of
ſuch ſeizure or ſeizures, and thereupon to proceed to give judg-
ment for the condemnation of fuch brandy, arrack, rum, fpirits
or ſtrong waters fo feized (except before excepted) as upon due
examination ſhall be found to be forfeited by virtue of this act,
or any other act or acts of parliament relating to his Majeſty's
revenues of cuſtoms or excife, together with the cafks and other
veſſels whatſoever containing the fame, and to iſſue out their
warrants for the fale of fuch brandy, arrack, rum, fpirits or
ſtrong waters, as fhall be fo by them refpectively condemned,
and of the cafks and other veffels whatfoever containing the fame;
and
!
17
!
270
[1719.
Anno fexto GEORGII I. c. 21.
and fuch their respective judgments ſhall be and are hereby de-
clared to be taken and adjudged to be good, valid and effectual
in the law, and final to all intents and purpoſes whatſoever, and
not liable to any appeal, or to be removed by any writ or writs
of Certiorari; any law, ftatute or provifion to the contrary there-
of in any wife notwithſtanding.
XXI. Provided always, and it is hereby further enacted by
When bran- the authority aforefaid, That in all cafes where any fuch bran-
dy, &c. is ſeiz- dy, arrack, rum, fpirits or ſtrong waters as aforefaid, (except
ed, no claim before excepted) fhall be feized as forfeited, and no perfon or
perfons, within twenty days next after ſuch ſeizure, fhall appear
howto proceed to the officer or officers who made fuch feizure to claim the
to judgment fame, then and in fuch cafe, if fuch feizure or feizures fhall hap-
and condem- pen to be made within the immediate limits of the chief excife-
made thereof
in zo days,
nation.
office in London, it fhall and may be lawful for the officer or of-
ficers who fhall make fuch feizure or feizures, from and after
the expiration of the faid twenty days next after fuch refpective.
feizure or feizures, to cauſe notice in writing, to be figned by
his Majeſty's folicitor for the revenue of excife for the time be-
ing, to be affixed at the Royal Exchange, fignifying the day and
the time of the day that the commiffioners of the excife for the
time being, or the major part of them, will proceed to hear the
matter of ſuch feizure or feizures, and to the condemnation of
the brandy, arrack, rum, fpirits or ſtrong waters ſo ſeized as a-
forefaid, and of the cafks and other veffels containing the
fame; and if fuch feizure or feizures of fuch brandy, arrack,
rum, fpirits or ftrong waters as aforefaid (except before except-
ed) fhall happen to be made, as aforefaid, out of the immediate
limits of the faid chief exciſe-office in London, it ſhall and may
be lawful for the officers who fhall make fuch feizure or feizures,
from and after the expiration of twenty days next after fuch re-
ſpective feizure or feizures, to caufe publick notice to be given
by proclamation at the next market-town to the place or places
where fuch reſpective ſeizure or feizures fhall be made as afore-
faid, upon the next market-day after the expiration of the faid
twenty days, of the day and place when and where the juftices.
of the peace will proceed to hear the matter of ſuch ſeizure or
feizures, and to the condemnation of fuch brandies, arrack, rum,
fpirits or ftrong waters fo feized as aforefaid; in which faid cafes
it fhall and may be lawful for the faid commiffioners of exciſe
and juſtices of the peace refpectively, within their reſpective ju-
rifdictions, to proceed to examine into the cauſe of ſuch ſeizure
or ſeizures, and to give judgment for the condemnation of ſuch
brandy, arrack, rum, ſpirits and ſtrong waters ſo ſeized, as upon
due examination fhall appear to be forfeited, and of the cafks and
other veffels containing the fame; which judgments fhall be
good, valid and effectual in the law, and final to all intents and
purpoſes whatſoever, as if the refpective owner or owners of the
fame brandy, arrack, rum, ſpirits or other ſtrong waters, or the
reſpective perfon or perfons in whofe cuftody the fame was at
the reſpective time or times of the feizure or feizures thereof,
had
1719.]
Anno fexto GEORGII I. c. 21.
271
had been reſpectively fummoned to attend the ſaid commiffioners
of excife and juftices of the peace refpectively, in the manner
herein before preſcribed, and fhall not be liable to any appeal,
or to be removed by Certiori; any thing in this preſent act
contained, or any law, ftatute or provifion to the contrary there- No Certiorari
of in any wife notwithſtanding.
to be remov'd
XXII. And whereas makers of ſweets for fale, when they have
occafion to fend or deliver fweets to vintners and other their customers,
do from time to time draw and take the fame from their stock-cafks
of fweets, containing greater quantities than the quantities fo fent or
delivered, and having fo done, do immediately make quantities of new
Sweets equal and anfwerable to fuch quantities fo fent or delivered,
and do then put in or mix fuch new fweets to and with the remaining
part and parts of fuch their stock and flocks of old fweets; all which
being frequently done and performed without the leaft privity or know
ledge of the officers of excife, who should make charges of the duties
for and in refpect of fuch new fweets fo made as aforefaid, they the
faid officers of excife, for want of difcovery and due notice thereof,
neither do or can make fuch charges, whereby his Majesty is very
much defrauded of and in his duties upon fweets: for remedy where-
of, be it further enacted by the authority aforefaid, That if from
and after the firſt day of August one thouſand feven hundred and After 1 Aug.
twenty any ſweets made in Great Britain for fale, for which the 1720, fweets
duties fhall or have been duly paid, or have been duly charged that have paid
by the proper officer or officers of exciſe, are or ſhall be intend- the duties not
ed to be ſent or removed from one place to another, the officer without certi-
of excife of the place from whence fuch fweets are ſo to be ſent ficate, &c.
or removed ſhall, upon requeſt, and without fee or reward,
give certificates under his hand, expreffing therein the quantity
and qualities of ſuch ſweets fo to be fent or removed, and the
name and names of the perfon and perfons from whom and to
whom fuch fweets are fo to be fent; and if from and after the
ſaid firſt day of August one thouſand ſeven hundred and twenty
any maker or makers of ſweets for fale fhall fend or remove, or Makers of
ſhall caufe to be ſent or removed, any fuch ſweets from one fweets fending
place to another, or if any vintner or vintners fhall receive or out, or vint-
take into his, her or their cuftody or poffeffion any fuch fweets ners receiving
without fuch certificate or certificates, that then and in every out certificate,
ſuch caſe, as well every ſuch maker and makers of fweets for fale, forfeit 10 s.
as alfo every fuch vintner and vintners, fhall reſpectively forfeit and per gallon,
loſe the fum of ten fhillings for every gallon of fweets which and the fweets
fhall be met with or found to fending or removing, or fent or
removed, or which fhall be fo received or taken in; and alſo
that all fuch ſweets, which from and after the faid first day of
August one thouſand ſeven hundred and twenty fhall be found or
met with fending, carrying or removing, or fo fent, carried or
removed from one place to another, without fuch certificate or
certificates as aforefaid, and the cafks and veffels containing the
fame, ſhall be forfeited, and ſhall and may be feized by any of-
ficer or officers of excife; one moiety thereof to be to the uſe of
his Majefty, his heirs, and fucceffors, and the other moiety to be seizures and
to the uſe of him or them that íhall feize the fame; and that every forfeitures,
fázure
fweets with-
and caſks.
#
272
[1719:
Anno fexto GEORGII I. c. 21.
how to be
proceeded
upon.
Explained in
relation to ap
peals by
↑ Geo. 2.
ftat. 2. c.16.
fect. 3.
No Certiorari.
All informa-
tions and pro-
ceedings re-
lating to the
exciſe may be
entred and in-
rolled in the
English
tongue.
In trials relat-
ing to excife
or cuſtoms,
&c. if que-
ftions ariſe
concerning
feizure and feizures of fuch fweets, and of the cafks and veffels con-
taining the fame, which fhall or may be made by virtue or in pur-
fuance of this act, and alſo every other forfeiture and forfeitures,
which from and after the ſaid firſt day of August one thouſand ſe-
ven hundred and twenty ſhall or may be made by virtue or in
purſuance of any act or acts whatſoever relating to the duties of
excife, or to any other duty or duties under the management
of the commiffioners of excife, fhall and may be proceeded
upon, heard, examined into, adjudged and determined by the
fame ways and means, and in the fame manner and form, as is
and are herein and hereby preſcribed, directed or appointed to
be done upon feizures of brandy, arrack, rum, fpirits or ſtrong
waters, not exceeding as aforefaid; and that fuch proceedings
thereon fhall not be liable to any appeal or appeals, or to be re-
moved by Certiorari; any thing in this prefent act contained, or
any law, ftatute or provifion to the contrary thereof in any wife
notwithstanding.
XXIII. And be it further enacted and declared by the autho-
rity aforefaid, That all information and informations, complaint.
and complaints, and other proceedings whatfoever, as well be-
fore fuch commiffioners of excife as aforefaid, as alfo before ju-
ftices of the peace reſpectively, by virtue or in purſuance of this
or any other act or acts whatſoever relating to the duties of ex-
cife, or to any other duty or duties whatſoever under the ma-
nagement of the commiffioners of excife, are and were intended
to be, and ſhall and may be entred and inrolled in the English
tongue; any law, ftatute or provifion whatſoever to the contra-
ry thereof in any wife notwithſtanding.
XXIV. And be it further enacted by the authority aforesaid,
That from and after the ſaid firſt day of August one thouſand fe-
ven hundred and twenty, if upon trial or trials of or in any in-
formation, action, fuit or profecution whatſoever relating to his
Majefty's duties of cuftoms and excife, or to either of them, or to
the keeping of any other his duties whatſoever, or to any feizure or feizures, pe-
any office, or nalty or penalties, forfeiture or forfeitures, relating to the ſaid du-
ing an officer, ties, or any of them, or if upon any trial or trials of or in any action,
what proof is fuit or profecution whatſoever againſt any perfon or perfons, for
requifite.
any one's be-
any thing done by virtue or in purfuance of any act or acts of
parliament relating to the ſaid duties, any or either of them, a-
ny queſtion or queftions fhall be made, or any doubt or doubts,
difpute or disputes, fhall arife or happen, touching or concerning
the keeping of any office or offices of excife in any city or cities,
town or towns, or touching or concerning any one or more de-
fendants being an officer or officers of or for the ſaid duties, any
or either of them, that in every ſuch caſe and cafes proof fhall
and may be made, or evidence given, either of the actual keep-
ing of fuch office or offices of excife in fuch city or cities, town
or towns, or of fuch one or more defendants actually exerciſing
of and being employed and intrufted in fuch office or offices re-
fpectively, before and at the refpective time and times when the
11Geo.1.c.30. matter or matters in queſtion upon fuch trial or trials ſhall hap-
to have been done or committed, or omitted, or neglected
Enforced by
fect. 32.
pen to
to
1719.] Anno fexto GEORGII I. c. 21.
273
C
to have been done or performed, without producing any parti-
cular perſon or perſons to prove the names of the particular and
reſpective commiffioners to any commiffions in the reſpective
cafes before-mentioned, any or either of them, to be of their
own hand-writing; and that in every ſuch caſe and caſes reſpec-
tively fuch proof and evidence ſhall be deemed and taken to be
legal and fufficient evidence, unleſs or until by other evidence
the contrary ſhall or do appear.
weighing
hops.
XXV. And for the better fecuring the duties upon hops, be Planters of
it further enacted by the authority aforefaid, That from and after hops to give
the ſaid firſt day of August one thouſand ſeven hundred and twen- notice of the
ty, the reſpective planters or owners of hops to grow in Great precife time of
bagging and
Britain, before they reſpectively fhall or do begin to bag or to
weigh his, her or their hops, or any part or parts thereof, ſhall
reſpectively give or fend notice in writing under his, her or their
hands to the next officer of excife, or to the proper officer for
the faid duty, of the particular day, and of the precife hour of
fuch day, as well of his, her or their beginning to bag, as alſo
of his, her or their beginning to weigh fuch their reſpective hops,
and every part and parts thereof, which notice, as well as to
fuch bagging, as alſo to fuch weighing of fuch hops, as fhall be
either bagged or weighed in the first week of each reſpective 24 hours no-
planters or owners bagging and weighing, or either of them, fhall tice to be gi-
be given or ſent at leaſt twenty four hours before the particular yen of bagg-
time and times, when as well every fuch bagging, as alfo every ing or weigh-
fuch weighing, ſhall refpectively begin; and fuch notice as afore-ing in the first
week, and 48
faid, as well as to every other bagging, as alſo as to every other hours for eve-
weighing, of fuch hops as fhall not be bagged and weighed in ry other bag-
fuch first week, fhall likewiſe be given or left by the ſpace of at ging, on pain
of sol.
leaſt forty eight hours, as well before every ſuch other bagging,
as alſo before every fuch other weighing fhall refpectively begin;
and if after ſuch notice given, he, the or they fhall not proceed
to bag and weigh, or to bag or weigh according to each refpec-
tive notice, that then and in every fuch cafe he, the or they, be-
fore he, the or they ſhall at any other time or times begin to bag
and weigh, or to bag or weigh his, her or their hops, or any
part or parts thereof, fhall give or fend the like notice, as afore-
faid; that is to ſay, twenty four hours notice of ſuch bagging
and weighing, or either of them, in fuch first week, and forty
eight hours notice, as well of every fuch other bagging, as alfo of
every fuch other weighing, or either of them refpectively, under
the pain of forfeiting and lofing the fum of fifty pounds for
every neglect and default of every fuch notice or notices, as a-
forefaid, in either of the refpective cafes before-mentioned.
XXVI. And be it further enacted by the authority aforefaid, Planters of
That from and after the faid first day of Auguft one thousand fe- hops to keep
ven hundred and twenty, the reſpective planters and owners of juft weights
hops to grow in Great Britain, fhall refpectively provide and keep and fcales, &c.
at his, her and their respective oufts, ftore-houfes, and places on penalty of
of keeping his, her or their hops, fufficient and juſt ſcales and
weights for the weighing his, her or their hops; and fhall per-
VOL. XIV.
T
mit
201.
274
[1719.
Anno fexto GEORGII I. c. 21.
mit the officers to make ufe thereof for the weighing of fuch
hops, and fhall not in the weighing of his, her or their hops,
make uſe of, or caufe, procure, or fuffer to be uſed any falfe
weight or weights, under the penalty of forfeiting and lofing the
fum of twenty pounds, for not having and keeping fufficient and
juft fcales and weights, or for not permitting the officer in fuch
weighing, or for uſing, cauſing, procuring or fuffering to be
ufed in fuch weighing his, her or their hops, any falfe weight
or weights.
Hops may be
XXVII. And whereas for the better prefervation of hops, it is
put into cafks. thought convenient for the owners or planters thereof to be at liberty
to put the fame into cafks instead of bags: be it therefore provided
and enacted by the authority aforefaid, That from and after the
first day of August one thouſand ſeven hundred and twenty, it
fhall and may be lawful to and for fuch owners or planters of
hops, if they ſhall think fit, to put the ſaid hops into caſks, fuch
owner or owners, planter or planters first giving the like notice.
of the time that he, fhe or they intend to weigh, and put the
faid hops into caſks, as he, fhe or they are by law required to
give of the bagging of hops reſpectively; and in cafe any owner
or owners, planter or planters, fhall put any hops into cafks
without ſuch notice, then he, the or they fhall be liable to the
like penalties, as fuch owner or owners, planter or planters
would have been liable unto, in cafe fuch hops fo put into cafks,
had been bagged without fuch notice.
Officers of ex-
cife to attend
the putting
hops into
cafks, &c.
5 Geo. 1. c.11.
XXVIII. And be it further enacted by the authority afore-
ſaid, That the officers of excife, and others appointed by the
commiffioners of that revenue, fhall in like manner attend and
be prefent at the putting hops into cafks or barrels, as he is by
law required to be at the bagging of hops; and fhall caufe eve-
ry caſk or barrel, into which hops fhall be put, to be weighed,
and the weight of each cafk to be plainly and diftinctly marked
on ſuch caſk reſpectively; and ſhall likewiſe cauſe the weight of
the hops contained in fuch cafk to be plainly and diftinctly mark-
ed on each caſk reſpectively; and fhall caufe an entry of the
weight of ſuch hops to be made in his book (the weight of ſuch
cafk or barrel being abated) and fhall make the like report to
the commiffioners of that revenue, and leave a like copy with
the owner or planter of ſuch hops, and under the like penalties
and forfeitures, as in cafe fuch hops had been put into bags;
and the owner or owners, planter or planters of fuch hops fhall,
within fix months after the putting hops into cafks or barrels,
pay and clear off the duties on hops fo cafked or barrelled, un-
der the like penalty as if the fame had been bagged.
XXIX. And whereas by an act paſſed in the laſt feffion of parlia-
ment, intituled, An act againſt clandeftine running of uncuſtom-
ed goods, and for the more effectual preventing of frauds relat-
ing to the cuſtoms, any ship, veſſel or boat of the burthen of fifteen
tons or under, wherein any brandy, arrack, rum, frong waters, or
Spirits of any kind whatsoever, ſhall be imported or brought into Great
Britain, or into any port, harbour, haven or creek thereof (except
only
1719.]
275
Anno fexto GEORGII I. C.21.
only for the use of the feamen then on board, not exceeding one gallon
for each fuch feaman) ſuch ſhip, veſſel or boat, with all her tackle,
furniture and apparel, or the value thereof, is forfeited and loft, and
Shall and may be ſeized, recovered, broke up and fold, as therein men-
tioned: and whereas to elude the penalty of the faid law, many ill-
difpofed perfons do now carry on a clandeftine trade, by importing thefe
goods in hips and veſſels above fifteen ton: for the prevention there-
of, be it enacted by the authority aforefaid, That if any foreign After 1 Aug.
brandy, arrack, rum, ftrong waters, or fpirits of any kind what- no brandy,
foever, fhall, from and after the firſt day of August one thousand &c. to be im-
feven hundred and twenty, be imported or brought into Great Ported in any
ſhip less than
Britain, or into any port, harbour, haven or creek thereof, in 30 tons.
any ſhip, veffel or boat, of the burthen of thirty tons or under Farther pro-
(except only for the ufe of the feamen then belonging to and vided for by
on board fuch fhip, veffel or boat, not exceeding one gallon for
each fuch feaman) every fuch fhip, veffel or boat, with all her
tackle, furniture and apparel, as alfo all fuch brandy, arrack,
rum, ftrong waters or fpirits, or the value thereof, fhall be for-
feited, and fhall and may be feized by any officer or officers of Penalty.
the cuſtoms, and ſhall and may be profecuted by bill, plaint or
information, in any of his Majefty's courts of record at West-
minster, or in the court of exchequer in Scotland, wherein no
effoin, protection or wager of law fhall be allowed; one moiety
of which forfeiture fhall be to the uſe of his Majefty, his heirs
and fucceffors, and the other moiety to the feizor or proſecutor;
any law or cuſtom to the contrary notwithſtanding.
8 Geo.1. c. 18.
fect. I.
XXX. And be it further enacted, That after the feizure and After ſeizure
condemnation of ſuch ſhip, veſſel or boat, the fame ſhall be in- and condem-
tirely broke up, and publickly fold to the best advantage, toge- nation, fhip to
ther with the tackle, furniture and apparel thereto belonging, and fold, &c.
bę broke up
and the produce thereof divided in like manner as the fhips, Such ship, &c.
veſſels and boats, under fifteen tons, are to be broke up, ſold, may be ujed,
and the produce thereof divided by virtue of the faid act of the 12 Geo. 1.
laft feflion of parliament.
c. 21. fect.14.
XXXI. And whereas by the faid act of the last feffion of parlia- 5 Geo.1. c.11.
ment, a remedy was provided amongst other things to prevent the run-
ning of brandy from ſhips or veſſels of the burthen of fifty tons or under,
which lie hovering on the coaft within the limits of the ports of this
kingdom, and the exportation of wool: and whereas fuch ſhips or vef
fels, to elude the intent of that law, do lie at anchor, or hover on the
coafts as near to the faid limits as may be, whereby the masters of fuch
Ships or vessels have better opportunities of making their fignals to the
exporters of wool, and the runners of uncuftomed and prohibited goods,
to draw down to the fea-fide (as they frequently do in great number's
of armed men) and of running the goods on hore, and carrying off
the wool and coin of this kingdom in their boats, which make more fre-
quent trips to and from the shore than they could do, if fuch ships or
veffels were obliged to lie at a greater distance from the fhore: be it
therefore enacted by the authority aforefaid, That from and after
the faid first day of August one thouſand ſeven hundred and twen- Ships under
ty, where any ſhip or veſſel of the burthen of fifty tons or un- 50 tons hover-
der, ing within
T 2
276
[1719.
Anno fexto GEORGII I. c. 21.
of the cu-
ftoms, may
two leagues of der, being in part or fully laden with brandy, ſhall be found at
the ſhore,
anchor or hovering within two leagues from the fhore, and not
proceeding on her voyage, wind and weather permitting, it ſhall
Commanders and may be lawful to and for the commander of any of his Maje-
of men of war, fty's fhips of war, frigots or armed floops, appointed for the guard
&c. or officers of the coafts, or to and for the commander of any yatch, ſmack,
floop, or other boat or veſſel in the fervice of his Majeſty's cu-
compel mafter ftoms, or to and for any officer of his Majefty's cuſtoms, to com-
to come into pel the maſter or other perſon having the charge of fuch fhip or
port, &c.
veffel, to come into port; and it is hereby declared, That fuch
maſter or other perfon, as aforefaid, as likewife fuch fhip or
veffel, and the brandy wherewith ſuch ſhip or veffel is laden, in
part or in the whole, fhall be fubject to the fame rules, regula-
tions, penalties and forfeitures, as fuch cargoes, fhips and vef-
fels, and the maſters or others taking charge thereof, which ho-
ver within the limits of any port of this kingdom, are by the
ſaid act ſubject unto; any thing therein, or in any other act to
the contrary hereof in any wife notwithſtanding.
cuſtomed
Mafter, &c. XXXII. And forafmuch as fuch illegal importations and exporta-
fuffering tions cannot be carried on by fuch ſhips or veſſels, if the mafters or
brandy or un- commanders thereof do take due care to prevent the fame: be it further
goods, to be enacted by the authority aforefaid, That from and after the faid
put out of his first day of August one thouſand ſeven hundred and twenty, if
hip, or wool, the mafter, purfer, or other perfon taking charge of fuch fhip
&c. to be tak- or veffel, fhall fuffer any brandy, or other uncuſtomed or prohi-
en in from the bited goods, to be put out of the faid fhip or veffel into any
fhore, befides
former penal- hoy, lighter, boat or bottom, to be laid on land, or ſhall ſuffer
any wool, wool-fells, mortlings, fhortlings, yarn made of wool,
wool-flocks, fullers-earth, fulling-clay, or tobacco-pipe-clay, to
be laden or taken in from the fhore, to be put on board fuch
ſhip or veffel, to be carried to parts beyond the feas, he or they
fo offending, being convicted thereof, fhall, befides the penal-
ties and forfeitures to which they will be liable by any law now
in being, fuffer fix months impriſonment without bail or main-
prize.
ties, fhall
Suffer fix
months im-
prifonment.
The rule to
meaſure the
the tonnage of
fuch ſhips.
contents of
Eight or more
hindring,
XXXIII. And for the preventing difputes that may arife
concerning the admeaſurement of fhips laden with brandy and
other ſpirits, as aforefaid, or fhips hovering on the coaft: be it
further enacted by the authority aforefaid, That the following
rule fhall be obſerved therein, that is to fay, Take the length of
the keel within board, (fo much as the treads on the ground)
and the breadth within board by the midſhip-beam, from plank
to plank, and half the breadth for the depth, then multiply the
length by the breadth, and that product by the depth, and di-
vide the whole by ninety four, the quotient will give the true
contents of the tonnage, according to which rule, the tonnage
of all fuch fhips and veffels fhall be meaſured and aſcertained;
any law, cuſtom or uſage to the contrary in any wife notwith-
ſtanding.
XXXIV. And whereas the punishment already inflicted by law on
wounding, &c. Such who ſhall forcibly hinder officers of the customs in the due perfor-.
mance
1719.]
277
Anno fexto GEORGII I. c.21
#
mance of their duty, has proved infufficient: be it therefore enacted Officers in ex
by the authority aforefaid, That from and after the first day of ecution of
their office, to
August one thouſand feven hundred and twenty, if any officer or be tranfport-
officers of the cuſtoms be forcibly hindred, wounded, or beaten ed.
in the due execution of their office, by any perfons armed with
club, or any manner of weapon, tumultuouſly affembled in the
day or night, to the number of eight or more perfons, all and
every perſon or perfons fo forcibly hindring, wounding or beat-
ing the faid officer or officers, or fuch as fhall act in their aid or
affiftance, being convicted thereof, fhall, by order of the court,
before whom fuch offender or offenders fhall be convicted, be
tranſported to ſome of his Majeſty's colonies and plantations in
America, for fuch term as the court fhall think fit, not exceed-
ing ſeven years, in the fame manner as by an act made in the
fourth year of his preſent Majeſty's reign, intituled, An act for 4 Geo.1. c.11.
the further preventing robbery, burglary, or other felonies, and for
the more effectual tranfportation of felons and unlawful exporters of
wool, and for declaring the law upon fome points relating to pirates,
the offenders therein mentioned are to be tranfported to the faid
colonies and plantations.
XXXV. And be it enacted by the authority aforefaid, That Returning in-
if ſuch offender or offenders fhall return into Great Britain or Ire- to Great Bri-
land, before the expiration of the faid term, contrary to the in- tain or Ire-
land, felony.
tent and meaning hereof, he or they fo returning, fhall fuffer as
felons, and have execution awarded againſt them as perfons at-
tainted of felony, without benefit of clergy.
XXXVI. Provided nevertheleſs, That if any fuch offender Offender, be-
ſhall within two months after fuch his offence, and before his fore convic-
conviction, diſcover two or more of his accomplices therein to tion, difcover.
the commiffioners of the cuſtoms in England or Scotland refpec- ing two of his
accomplices
tively, fo as they, or two of them at leaſt, be convicted of fuch
within two
offence, the offender fo difcovering fhall have and receive the months, to
fum of forty pounds for every offender ſo diſcovered and convict- have 40 l. for
ed, as a reward for fuch his difcovery, and ſhall be clearly ac- each, and ac-
quitted.
quitted and diſcharged of fuch his offence,
XXXVII. And be it further enacted by the authority afore- Other perfons
faid, That from and after the first day of August one thoufand fe- difcovering in
ven hundred and twenty, if any other perfon or perfons fhall, three months
within three months after fuch offence fhall have been commit- to have 40 l.
over and a-
ted, difcover to the faid commiffioners refpectively any perfon bove any
or perſons who fhall have been guilty of fuch offence, fo as other reward.
fuch offender or offenders be convicted thereof, ſuch diſcoverer
or diſcoverers ſhall have and receive the like reward of forty
pounds for every fuch offender fo diſcovered and convicted,
over and above any other reward and recompence which he or
they may be entitled unto on account of the goods fo carried or
conveyed away, which shall be recovered by means of ſuch his
or their diſcovery, or on account of the penalty which fhall be
recovered for the running the faid goods.
XXXVIII. And be it further enacted by the authority afore- To be paid by
faid, That the commiffioners of the cuftoms in England and Scot- the cafhier of
T 3
land, the cuſtoms.
278
[1719.
Anno fexto GEORGII I. C. 21.
land, fhall caufe the feveral rewards of forty pounds for the dif-
covery of the offenders before-mentioned, to be paid by the re-
fpective receiver general or caſhier of the cuſtoms for the time
being, out of any publick money in his hands under the ma-
nagement of the faid commiffioners, upon producing to them a
certificate or certificates under the hand of the judge or juftice
of the court before whom the caufe fhall be tried, certifying the
conviction of the offender or offenders; and the money ſo paid
by any receiver general, as aforefaid, fhall be accepted of and al-
lowed in his accounts, as fo much paid to his Majeſty, and he
is and ſhall be hereby diſcharged thereof accordingly; any law,
cuſtom or uſage to the contrary notwithſtanding.
XXXIX. And whereas prohibited and cuftomable goods found by
officers of his Majesty's customs in the custody of perfons in boats on the
water, or coming directly from the water-fide, to wit, the cuftomable
goods on fufpicion they were unshipped without payment of duty, and
the prohibited goods for being imported contrary to law, and fuch
goods being alfo found in other places, upon information that they
were clandeftinely run, are in like manner ftopt until the perfons in
whofe cuftody the fame are found, or the owners of fuch goods, fhall
apply to the commiffioners of the customs, or to the collector of the port
where fuch goods are stopt refpectively, that the faid goods may be
difcharged in cafe there be no juft caufe to detain the fame; neverthe-
lefs the owners of the goods, instead of making fuch application, do fue
the officers for more than the value thereof, to their great charge and
difcouragement in the execution of their duty: and whereas there is
good reafon to believe, that many ill-difpofed perfons do put themselves
purpofely in the way of officers with fuch goods in their cuftody, and
that others, by the directions of the owners, do falfly or deceitfully in-
form the officers that the goods were run, to the intent fuch officers
Thould feize the fame, in order to fue the officers, and thereby the
owners get exceffive prices for their goods, and the officers are deter-
red from making feizures, whereby the clandeftine ranning of goods
is greatly encouraged: be it therefore enacted by the authority a-
forefaid, That from and after the first day of August one thouſand
feven hundred and twenty, if prohibited or cuftomable goods
fhall be found by any officer or officers of the cuſtoms in the cu-
ſtody of any perfon or perfons, being in a bark, hoy, lighter,
barge, boat or wherry on the water, or coming directly from
the water-fide, without the prefence of an officer, or if fuch
goods fhall, upon the information of one or more credible per-
fon or perfons, be found in any houſe, ſhop, cellar, ware-houſe,
room, or other place, on a ſearch there made in ſuch manner as
in and by an act made in the fourteenth year of the reign of the
13 & 14 Car. 2. late king Charles the Second, intituled, An act for preventing
frauds, and regulating abuſes in his Majesty's customs, is mentioned
and directed, it ſhall and may be lawful to and for ſuch officer
or officers to stop and put the faid goods in his Majeſty's ware-
houſe in the port next to the place where fuch ſtop ſhall be made,
there to remain until the claimer or claimers thereof fhall make
proof by oath, or otherwife, to the fatisfaction of the commif-
Prohibited or
cuftomable
goods in any
boat, &c. or
in any houſe,
&c. Officer
may ſtop and
ware houſe
the fame till
claimed, &c.
C.11.
fioners
1719.]
279
Anno fexto GEORGII I. c. 21.
fioners for managing his Majeſty's customs, if fuch ſtop ſhall
be made within the ports of London or Edinburgh refpectively,
that the duties of the cuſtomable goods have been paid, or fe-
cured to be paid, or that the ſame had been bought in a lawful
way of trade, and that he, the or they fo claiming the faid goods,
do verily believe the duties thereof to have been paid, or fecur-
ed to be paid, or that the faid goods had been compounded for,
or condemned in his Majefty's court of exchequer at Westminster
or Edinburgh, or been otherwiſe delivered by writ of that court
refpectively, and that the prohibited goods had been compound-
ed for, or condemned, or otherwife delivered, as aforefaid, in
which cafe fuch goods fhall and may be delivered without delay
or charge and if fuch goods fhall be ftopped in any other of
the ports within this kingdom, the claimer or claimers thereof
fhall and may make the like proof to the like purpoſe, as afore-
ſaid, and deliver the fame to the collector, or in his abfence,
to one of the other principal officers of the cuſtoms in the port
where fuch ftop fhall be made, which proof fhall, without lofs
of time, be tranſmitted to the faid commiffioners refpectively,
for their directions touching the immediate delivery of ſuch
goods, without charge. to the claimer or claimers, or for the
Leizing and profecuting of the fame, as the faid commiffioners
fhall fee cauſe.
XL. Provided, fuch proof be made within ten days after Proof to be in
the goods fhall have been fo ftopped, in failure whereof the 10 days after
fame fhall and may be feized, and profecuted in fuch manner
ſtopping.
as by the feveral and reſpective laws now in force against the im-
portation of prohibited or uncuſtomed goods, is provided, the
forfeiture of fuch goods after condemnation, fhall be to and for
fuch uſes, and according to fuch proportions or fhares, as are
therein and thereby refpectively mentioned and diſtributed.
XLI. And be it further enacted by the authority aforefaid, Proof to lie on
That if upon fuch proſecution where no application hath been the claimer.
made to the commiffioners or officers aforefaid, and not other-
wife, the property of the goods fhall be claimed by any perfon
or perſons, and if any queſtion, difpute or doubt fhall arife, whe-
ther the duties thereof were paid or fecured, or that the ſaid
goods had been compounded for, or condemned, or otherwife
delivered by writ out of the court of exchequer, or bought in
a lawful way of trade, the proof fhall be incumbent on fuch
claimer or claimers, and not on the feizor or profecutor; and if If verdict paſs
thereupon a verdict fhall pafs for fuch claimer or claimers, or if for the claim-
the officer or officers fhall become nonfuit, or forbear profecu- have reafon-
tion, or diſcontinue the fame, or if upon demurrer or otherwife, able costs of
judgment fhall be given against the officer or officers, then and fuit.
in any of the faid cafes, the claimer or claimers fhall, over and
above the recovery of his, her or their goods, or the value there-
of, have reaſonable cofts of fuit, for which he, fhe or they fhall
have the like remedy as where cofts by law are awarded, which
faid coſts of ſuit ſhall be reckoned and eſteemed as a full fatis-
faction
T4
er, he fhall
Enforced by
12 Geo. 1. c.28.
fect. 8.
280
[1719.
Anno fexto GEORGII I. c.21.
&c.
faction for the faid claimer or claimers damages occafioned by
the detention and feizure of the faid goods.
If the claimer
XLII. And be it further enacted by the authority aforefaid,
make proof of That in all cafes where the claimer or claimers of fuch goods fo
his goods, or ftopt, as aforefaid, fhall make proof either by oath before any
that they have justice of the peace, or other perfon impowered to adminiſter
received any
damage, the the fame, or otherwife, to the fatisfaction of the commiffioners
goods to be for managing his Majeſty's cuſtoms reſpectively, or officers of
delivered, and the cuſtoms, as aforefaid, in manner before directed and appoint-
he may fue,
ed, ío as to induce the reſpective commiffioners to order the de-
livery of the goods fo ftopt; and if the owner or owners, claimer
or claimers of ſuch goods, fhall receive any damage by means of
ſuch ſtop; then and in ſuch caſe the owner or owners, claimer
or claimers of the ſaid goods, ſhall and may receive fuch goods
by virtue of fuch order, without any charge or delay; and it
ſhall and may nevertheleſs be lawful to and for fuch owner or ·
owners, claimer or claimers, to bring his, her or their action or
actions againſt the officer or officers, who fhall ftop his, her or
their goods, for ſuch reaſonable damages, which he, ſhe or they
ſhall or may have ſuſtained by means of the ſaid goods being fo
ftopped or detained, as aforefaid; any law, custom or uſage to
the contrary notwithſtanding.
Officers may
XLIII. Provided always, and be it declared to be the true in-
profecute not- tent and meaning hereof, That if the officer or officers who
withstanding fhall ftop fuch goods, or any other officer or officers of the cu-
the directions ftoms, fhall be defirous to feize and profecute the fame, notwith-
of the com-
miffioners.
So may the
owners.
Offences relat-
ſtanding any directions of the commiffioners of the cuſtoms for
the delivery of the ſaid goods reſpectively, it fhall and may be
lawful to and for ſuch officer or officers to ſeize and proſecute
the ſame in ſuch manner as by the ſeveral and reſpective laws of
the cuſtoms now in force fuch goods may be feized and profecut-
ed, in every of which cafes the officer or officers fo profecuting
fhall be liable, and he or they are hereby declared liable to be
ſued by the owner or owners of the faid goods for the recovery
of the fame, or the value thereof, with full coſts of fuit; or if
the ſaid commiffioners fhall not order the delivery of the faid
goods fo ftopt, then and in ſuch caſe, the owner and owners,
claimer or claimers of fuch goods, fhall and may nevertheleſs
fue for the recovery of fuch goods, together with cofts and da-
mages, according to the ufual courfe of law, in any of his Ma-
jeſty's courts of record at Westminster, or in the court of Exche-
quer in Scotland, as he or they might have done before the paff-
ing of this act; any thing herein contained to the contrary not-
withſtanding.
XLIV. And be it further enacted by the authority aforefaid,
ing to the cu- That the feveral offences in this act mentioned, relating to
ftoms, where, the cuſtoms, or other duties upon importation or exportation, or
to uncuſtomed or prohibited goods (except as in this act is
otherwiſe provided) fhall and may be heard, tried and deter-
mined by bill, plaint or information in any of his Majesty's
courts of record at Westminster, or in the court of exchequer in
and how to be
tried.
Scotland
1719.]
281
Anno fexto GEORGII I. C, 21.
Scotland refpectively, wherein no effoin, protection or wager of
law ſhall be allowed.
XLV. And whereas by an act paſſed in the third year of the reign 3&4Ann. c.4.
of her late majesty Queen Anne, intituled, An act for continuing
duties upon low wines, and upon coffee, tea, chocolate, fpices
and pictures, and upon hawkers, pedlars and petty chapmen,
and upon muſlins; and for granting new duties upon ſeveral
of the faid commodities, and alfo upon callico, China ware and
drugs, it is enacted, That any perfon or perfons may import into this
kingdom, nutmegs, cinnamon, cloves, mace and tea, fubject to the
Several duties payable for the fame, from any parts beyond the feas,
in British hips, navigated as therein mentioned, and fo as notice be
first given to the commiffioners of her Majesty's customs of the quanti-
ty and quality of the faid fpices and tea fo intended to be imported,
and the place to which they intend to import the fame, and taking a
licence under the hands of the faid commiffioners for the time being for
the landing and importing thereof, as aforefaid: and whereas by an
act paffed in the eighth year of the reign of her faid late Majefty, 8 Ann. c. 7.
intituled, An act for granting to her Majefty new duties of excife, fect. 13.
and upon ſeveral imported commodities, and for other purpoſes
therein mentioned, it is enacted, That nutmegs, cinnamon, cloves and
mace, may be imported into Great Britain, fubject to the feveral du-
ties payable for the fame, from any parts beyond the feas, in British
fhips, navigated as therein mentioned, the importer thereof first giv-
ing notice to the faid commiffioners of the quantity and quality of the
faid fpices, and the place into which he intends to import the fame,
and taking a licence under the hands of the ſaid commiſſioners for the
importing thereof, which importation is to be continued during the con-
tinuance of the ſaid respective acts, which are still in force: and
whereas many ill-diſpoſed perſons having taken out licences for great
quantities of the faid Spices and tea, do import the fame at ſeveral
times in ſmall parcels, with intent fecretly to land the fame as oppor-
tunity ſhall offer; but if the ſaid Spices or tea are found by the offi-
cers of the customs on board the ship, the importers to prevent the fei-
zures thereof, do produce their licences, and pretend that thofe fpices
or tea are part of the quantities mentioned in the faid licences, where-
by there is good reafon to fufpect that great frauds are frequently com-
mitted, to the leffening of his Majesty's revenue, and prejudice to
the fair merchant: be it therefore enacted and declared by the In every li-
authority aforefaid, That in every licence to be granted from and cence for im-
after the first day of August one thouſand feven hundred and porting nut-
twenty, in purſuance of the faid acts, and during their continu- quantity and
ance, for the importing of nutmegs, cinnamon, cloves, mace place of land-
and tea, ſhall be expreffed the quantity and quality of the faid ing to be ex-
fpices and tea, and the place or port into which the fame are in-
preffed, &c.
tended to be imported; and that if any greater quantity of the to the licence
Repealed as
faid fpices or tea fhall be imported, than what is expreffed in for tea by
the faid licence, the fame fo imported fhall be deemed to be im- 7 Geo. 1.
ported without a licence; and fuch licence ſhall and may be
granted without any fee or reward by the commiffioners or chief
managers of the customs for the time being, or any three or
2
·
more
megs, &c. the
ftat.1. c.21.
fect.12.
282
[1719..
Anno fexto GEORGII I. C.21.
Licence to be
delivered up
at entring the
ſhip.
Enforced by
more of them, or by the cuftomer or collector and controller of
the port into which the ſaid ſpices and tea are to be imported,
fo as that all nutmegs, cloves, mace and cinnamon, to be im-
ported into this kingdom by virtue of fuch licence, from any
place or places beyond the feas, other than directly from the East-
Indies, be not in any other package than in cafks or bales
which caſks or bales ſhall contain the quantity hereafter men-
tioned, that is to ſay, each caſk of nutmegs, cloves or mace to
weigh neat three hundred pounds weight, or upwards, each
bale of cinnamon to weigh neat feventy pounds weight, or up-
wards.
;
XLVI. And be it further enacted, That the licence fo taken
out for fpice and tea as aforefaid fhall be delivered to the mer-
chant demanding the fame; which licence fhall be produced and
delivered up by the mafter, purfer or other perfon taking charge
8 Geo.1.c. 18. of the fhip wherein ſuch ſpice or tea fhall be imported, with the
fect. 21.
name of the ſhip and mafter, together with the marks and num-
bers of each cafk, bale or parcel, and the quantity and quality
of fuch fpice or tea indorfed on the back thereof, to the col-
lector and comptroller of the port into which the fame fhall be
imported, at the time of his or their entring the fhip; any law,
cuftom or uſage to the contrary notwithſtanding.
Spices in bags
or finall par-
cels, &c. for-
feited.
8 Ann. c. 13.
XLVII. And whereas fuch fpices are frequently imported in bags
and other ſmall parcels packed in hogfheads, cafks, bales or other
package, in order to run the fame clandeftinely be it enacted by
the authority aforefaid, That if any of the ſpices above-men-
tioned fhall be found on board any ſhip or veſſel in bags or other
ſmall parcels packed in hogſheads, cafks or bales, the fame ſhall
be forfeited; one moiety whereof to be to the uſe of his Maje-
fty, his heirs and fucceffors, and the other moiety to him or them
who will inform or fue for the fame in any of his Majefty's courts
of record at Westminster, or in the court of exchequer in Scotland,
wherein no effoin, protection or wager of law fhall be allowed.
XLVIII. And whereas by an act of parliament of the eighth year
of the reign of her late majesty Queen Anne made (amongst other
things) for better preventing frauds in drawbacks, it was enacted,
That no debenture should be paid or allowed for any tobacco exported
from any port of Great Britain to the kingdom of Ireland, until a
certificate fhould be produced under the hands and feals of the collector,
comptroller and furveyor of the customs of any port in Ireland, or any
two of them, where fuch goods fhould be landed, teſtifying the landing
thereof (the danger of the feas or enemies excepted): and whereas it
frequently happens, that tobacco imported into this kingdom, and after-
wards shipped again for Ireland, doth in the carriage thither wafte
and decrease in weight, but as the law now ftands no more drawback
can be allowed, than for the quantity of tobacco particularly specified
in the faid certificates returned from Ireland: now for the encou-
ragement of all fair traders that ſhall ſend tobacco for Ireland,
An allowance
it is hereby further enacted by the authority aforefaid, That
of 2 per cent.
to be made for from time to time, upon producing fuch certificates as aforefaid
Tobacco ex- under the hands and feals of the collector, comptroller and fur-
veyor
1719.]
283
Anno fexto GEORGII I. C. 21.
veyor of the cuſtoms of any port in Ireland, or any two of them, ported to Ire
where ſuch tobacco ſhall be landed, teftifying the landing there- land for waſte.
of in that kingdom, at any time or times after the first day of
August one thouſand ſeven hundred and twenty, in caſe there
fhall appear to be any difference in weight between the quantity
ſpecified in fuch certificate, and the quantity entred and ſhipped
for exportation thither, fo that the quantity landed in Ireland
ſhall be less than the quantity fo entred and ſhipped for that
kingdom, in all and every ſuch caſe and cafes an allowance ſhall
be made to the merchant exporter on the duties to be drawn
back of all fuch tobacco fo fhipped and exported to Ireland, in
confideration of the waſte which may happen (if any be) in the
voyage between Great Britain and Ireland, fo as fuch allowance
do not in any caſe exceed two per centum; any former law or ſta-
tute to the contrary notwithſtanding.
landed in Ire-
XLIX. And whereas it is found by experience, That great quantities Tobacco ex-
of tobacco are clandeftinely run into Ireland after the entring and ex- ported for fo-
porting the fame from Great Britain for other foreign parts, and the reign parts,
exporters have entitled themselves to debentures for the drawbacks in land, forfeited
this kingdom, in prejudice of his Majesty's revenues and to the diſcou- and double
ragement of fair traders: be it further enacted by the authority the drawback,
aforefaid, That if any tobacco fo entred out and exported fhall &c.
afterwards be landed in Ireland, the fame and double the draw-
back thereof ſhall be forfeited, and every debenture for the
drawback thereof ſhall become void, as if the ſaid tobacco were
relanded in any part of Great Britain; which forfeitures fhall
and may be profecuted and recovered in any of his Majeſty's
courts of record at Westminster or Dublin refpectively, or in the
court of exchequer in Scotland; in which profecution no effoin,
protection or wager of law fhall be allowed, nor any more than
one imparlance; one moiety of which forfeiture or forfeitures to
be to the uſe of his Majefty, his heirs and fucceffors, and the
other moiety to him or them that will fue for the fame as a-
forefaid.
porters of to-
L. And whereas the exporters of tobacco for any foreign parts are Ireland to be
now only obliged to fwear, that the tobacco shipped and certified is not added to the
landed, or intended to be relanded in any part of Great Britain: it oath of ex-
is hereby enacted, That from and after the firft day of Auguft bacco to fo-
one thouſand ſeven hundred and twenty Ireland ſhall be added reign parts.
and included in the oath before-mentioned (except for ſuch to-
bacco as ſhall be regularly fhipped for Ireland) without which
the officers of the cuſtoms ſhall not fuffer the debenture to paſs;
any law or cuſtom to the contrary notwithſtanding.
LI. And whereas by an act made in the ninth year of the reign of Bills of ex-
her faid late majesty Queen Anne, intituled, An act for eftablish- change wrote
ing a general poſt-office for all her Majeſty's dominions, and for on the fame
fettling a weekly fum out of the revenues thereof, for the fer- piece of paper
vice of the war, and other her Majefty's occafions; the poft- to be rated as
with a letter,
mafter general is authorized to demand, have, receive and take, for fo many di-
fingle letters or pieces of paper, to and from the general post-office in ftinct letters,
London, to and from any parts or places of Great Britain, the 9 Ann.c. so,
kingdom
284
[1719.
Anno fexto GEORGII I. c. 21.
9 Ann. c. 10.
fect. 13.
Merchants ac-
exchange, in-
counts, bills of
voices, &c.
to extend on-
kingdom of Ireland, or other his Majefty's dominions, certain rates in
the fame act mentioned for the port of every fingle letter or piece of
paper: and whereas bills of exchange are frequently fent wrote on one
and the fame piece of paper with a letter, and alſo feveral letters to
Several and diftinct perfons are fent wrote upon one and the fame piece
of paper be it declared by the authority aforefaid, That it was
and is the intent and meaning of the fame act, that every fuch
bill and every fuch letter fhould be rated, taxed and paid for as
ſo many ſeveral and diftinct letters, according to the rates with-
in the fame act mentioned. And be it enacted by the authority
aforefaid, That the ſame ſhall be accordingly rated, taxed and
paid for as ſo many ſeveral and diftinct letters, according to the
rates within the fame act mentioned.
LII. And whereas by the fame act it is amongst other things pro-
vided, That all merchants accounts not exceeding one sheet of paper,
and all bills of exchange, invoices and bills of lading are and shall be
thereby underflood to be allowed without rate in the price of the letter:
and whereas fome doubts have been made touching the faid clauſe and
wrote on one provifo: be it therefore enacted and declared by the authority
fheet of paper, aforefaid, That it was and is the intent and meaning of the act
ly to fuch let- laft mentioned, and of theſe prefents, that the faid provifo and
ters fent to fo- allowance fhall extend to fuch merchants accounts, bills of ex-
reign parts.
change, invoices and bills of lading only, as fhall be ſent to or
from the faid general poſt-office in London to or from any parts
or places beyond the feas, not within his Majeſty's dominions;
and that all other merchants accounts, bills of exchange, in-
voices and bills of lading fhall be rated, taxed and paid for as
fo many feveral letters, according to the rates in the ſame act
mentioned, and the true intent and meaning of theſe preſents.
LIII. And whereas many under-fheriffs, and other perſons acting
as fuch, do make and deliver out blank warrants and other warrants
to attornies, bailiffs and others, for the arresting and taking perfons
into cuftody upon mean process, without having any writ or writs or
other legal procefs in their cuftody to justify the fame, whereby his Ma-
jesty's duties are greatly leffened and his fubjects aggrieved: for re-
medy whereof, be it enacted, That if any high ſheriff, under
fheriff, or his or their deputy or deputies, their clerks or agents,
fhall at any time or times after the firſt day of Auguſt one thou-
ſand ſeven hundred and twenty make or cauſe to be made or
delivered out to any perſon or perfons whomfoever, any warrant
or warrants, either blank or filled up in part or in all, before
they or fome of them fhall actually have in their cuftody the
reſpective writs upon which fuch warrants fhould and ought to
iffue, that then the feveral perfons fo offending, and every of
them, fhall forfeit the fum of ten pounds for every fuch offence.
Sheriffs, &c.
delivering out
warrants for
arreſting per-
fons to attor
nies, &c. be-
fore they have
the writs in
their cuftody,
fhall forfeit
101.
5 & 6 W. & M.
C. 21. f. 4.
9 & 10 W. 3.
C. 25. 1.42.
LIV. And whereas by a ftatute made in the fifth year of the reign
of King William and Queen Mary, for granting to their Majesties
feveral duties upon vellom, parchment and paper; and by another ſta-
tute made in the ninth year of his faid late majefly King William the
Third, for granting to his Majesty, his heirs and fucceffors, further
dutics on ftampt vellom, parchment and paper, it was (inter alia)
enacted,.
1719.]
Anno fexto GEORGII I. C. 21.
285
enacted, That from and after the time and times therein respectively
expreſſed every officer or clerk belonging to the court of King's bench,
common pleas or exchequer, who should fign any writ before judgment
to arrest any perfon or perfons thereupon, should, at the figning there-
of, fet down upon fuch writ or process the day and year of his figning
the fame, under the forfeiture of ten pounds for every fuch offence or
neglect: therefore for the better preventing the frauds aforeſaid,
be it enacted by the authority aforefaid, That every warrant to Every warrant
be made out or to iffue upon any fuch writ or writs, fhall have to be made
the fame day and year plainly and diftinctly fet down thereon, out on a writ,
as fhall be fo fet down on the writ itſelf, under the forfeiture of
ten pounds for every fuch neglect or omiffion, to be paid by the fet down
perfon who ſhall write, fill up or deliver out fuch warrant; both thereon, on
which penalties to be fued for, recovered and divided in fuch forfeiture of
10l.
manner as the other penalties in the faid recited act of the ninth
of King William are directed to be fued for, recovered and di-
vided.
ſhall have the
day and year
dice which
LV. And whereas a practice hath of late prevailed for perſons to Perfons tear-
cut out and tear off the mark or stamp upon the ſpotted or painted fide ing off the
mark on play-
of playing cards after fuch cards have been fold, ufed or played with, in cards, or
and by pafting on and affixing the fame stamps and marks on other filing, fquar-
cards, do frequently make one mark or stamp ferve for two or three ing or new
Several packs of cards: and whereas the feal and flamp upon the out-potting any
fide papers inclofing each pack of cards are frequently made use of a- have been
gain after they have been fold and difpofed of, to inclofe other packs of fold, &c. for-
playing cards, by which fraudulent and unjust practices his Majesty's feit 101.
revenue is daily leffened and diminished: for remedy whereof, be it
enacted by the authority aforefaid, That if any perſon or per-
fons, at any time after the first day of August one thouſand ſeven
hundred and twenty, fhall fraudulently cut, tear or get off any
mark or ſtamp in refpect whereof or whereby any duties are pay-
able, or are denoted to be paid or payable to his Majefty on
playing cards, or fhall file, fquare or new fpot any dice which
have been fold or played with, or ſhall fraudulently incloſe any
parcel or pack of playing cards in any outfide paper ſo fealed and
ſtamped as aforefaid, the fame having been once made uſe of for
the purpoſe aforefaid, or in caſe any perſon or perſons ſhall here-
after fell or expofe to fale any playing cards, the fame not being,
at the time of ſuch felling or expofing to fale, actually ftamped
on the ſpotted or painted fide, and alfo inclofed in paper and
thread, fealed and ftamped, as by the act of the tenth year of 10 Ans.c. 19.
her ſaid late majesty Queen Anne, which charges the faid duties, fect. 162.
is directed; then, fo often, and in every fuch cafe, every per-
fon fo offending in any of the particulars before-mentioned hall
for every fuch offence forfeit the fum of ten pounds, to be re-
covered by action of debt, bill, plaint or information in any of
his Majesty's courts of record at Westminster, wherein no effoin,
protection or wager of law fhall be admitted, nor more than one
imparlance; one moiety whereof to the King's moſt excellent
majesty, his heirs and fucceffors, the other moiety to the infor-
mer;
286
[1719.
Anno fexto GEORGII I. c. 21.
• Ann. c. 23.
C. 22.
mer; and the perfon recovering in ſuch action ſhall be allowed
his full cofts.
LVI. And whereas by an act of parliament made in the ninth
year of the reign of her late majesty Queen Anne, for licensing and
regulating hackney-coaches and chairs, and for charging certain new
duties on ftampt vellom, parchment and paper; it was (inter alia)
provided, That for every piece of vellom or parchment, or sheet or
piece of paper, on which should be engroffed or written any licence for
felling of ale or beer, or other excifeable liquors, by retail, a duty of
one filling fhould be paid to her Majesty, her heirs and fucceffors,
during the term of thirty two years: and whereas a practice has ob-
tained to take the ufual recognizances from perfons for whom ale-licences
are intended for felling ale and other excifeable liquors, and to take a
lift of their names, and the fees for fuch licences, but to omit to make
out or write the fame, to avoid the payment of the stamp-duties given
thereon, and to omit the writing or other matters charged with ftamp-
duties fince the making of the act of parliament of the first year of
1 Ann. ſtat. z. the reign of her faid late majesty Queen Anne, intituled, An act for
preventing frauds in her Majefty's duties on ftampt vellom,
parchment and paper; and at other times by rafures and interline-
ations of fuch ale-licences, policies of infurance, and feveral other mat-
ters and things chargeable with the payment of the ftamp-duty, to
make one flamp ferve for ſeveral purpoſes: now for the prevention
of the faid frauds and omiffions and other like frauds and omit-
fions, in relation to any of his Majefty's duties under the ma-
nagement of the cominiflioners for managing his Majefty's
ftamp-duties, be it further enacted by the authority aforefaid,
Mayors, &c. That all mayors, town-clerks and other perfons whom it may
concern, who ſhall take any ſuch recognizances, fhall be oblig-
ed to make or cauſe to be made out ale-licences duly ftamped
before fuch recognizances be taken, under the penalty of ten
pounds for every fuch offence; and that all pains, penalties and
provifions given and laid on by this act, and the faid act of the
year of the reign of her faid late majesty Queen Anne, for
the puniſhment or prevention of fuch frauds and omiffions as
are herein and therein mentioned and intended, relating to the
duties then in being, ſhall extend and be conſtrued to extend to
the like frauds and omiffions relating to any of his Majeſty's
other ftamp-duties impofed or laid on at any time fince the mak-
ing of the ſaid laſt mentioned act of the first year of her faid late
Majefty's reign, and to be fued for, recovered and divided in
fuch manner as is directed by the faid laſt mentioned act.
น
fhall make out
ale-licences
duly ſtamped
before new re-
cognizances
be taken, on,
penalty of 101.
1 Ann. ftat. z.
C. 22.
9
Ann. c. 23,
Tect. 42.
firſt
LVII. And whereas by a ftatute made in the ninth year of the reign
of her late majesty Queen Anne, for licenfing and regulating hackney-
coaches and chairs, and for charging certain new duties on ftampt
vellom, parchment and paper, and on cards and dice, it was (inter
alia) enacted, That the makers of cards and dice, during the term
therein mentioned, fhould once in every twenty eight days make true
entries upon oath with the commiffioners of the ftamp-duties, or their
officers, of all the cards and dice by them refpectively made; and
ſhould once in every fix weeks clear all the duties owing for the fame,
6
under
1719.]
287
Anno fexto GEORGII I. C. 21.
Card-makers
under the penalties therein mentioned: and whereas the respective card-
makers do often make up cards, the duties on which amount to fifty
pounds and upwards per week, and each card-maker may make up
treble that quantity, if he hall think fit, whereby they have an op-
portunity of being greatly in arrear to his Majefty, and the faid du-
ties are thereby often in danger of being loft, in regard the fame act
hath made no provifion whatever for fecuring the faid duties, until
the faid fix weeks hall expire, be the danger ever fo apparent: for
remedy whereof, be it enacted by the authority aforefaid, That
at entring
from and after the firſt day of Auguft one thouſand ſeven hun- their cards to
dred and twenty every card-maker fhall be obliged, at the re- give bond in
ſpective times of entring every parcel or quantity of playing cards a penal fum of
as aforefaid, to enter into bond to his Majefty, his heirs and fuc- treble the du-
ceffors, with fufficient furety or fureties, in a penal ſum of tre-
ble the duties on fuch cards, with condition thereunder-written weeks.
for the true payment of his Majefty's duties on fuch cards with-
in the ſpace of fix weeks next after the date of every ſuch bond;
any thing contained in any law to the contrary thereof in any
wife notwithſtanding.
ties to pay
within fix
ment.
LVIII. Provided always, and be it enacted, That if any Allowance for
card-maker fhall, upon entry of every quantity of playing cards, prompt pay-
pay down all the duty payable for the fame, the commiffioners
for the ſtamp-duties for the time being fhall, upon payment of
the faid duty, allow and pay to fuch card-maker fuch and the
like allowance as is to be allowed and paid to any perfon or per-
fons for preſent payment of the ftamp-duties, by an act of the
first year of her late Majefty's reign, intituled, An act for pre-1 Ann. ftat. 2.
venting frauds in her Majefty's duties upon ftampt vellom, parch- c. 22.
ment and paper.
&c.
LIX. And be it further enacted by the authority aforefaid, On affidavit of
That in caſe the commiffioners for the time being for managing any private
the ftamp-duties fhall be informed, or have caufe to fufpect, ing cards or
place for mak
that any perfon or perfons do make or cauſe to be made any dice, officers
playing cards or dice, in any houſe or place whatfoever in Great by warrant
Britain, without fending or giving notice thereof in writing to may break
the faid commiffioners at their head office, and affidavit being
open doors,
made thereof by the perfon or perfons fo informing or giving
notice, before one or more juſtice or juſtices of the peace for the
county or place where fuch cards or dice fhall be making or
made, declaring the grounds of his or their knowledge or
fufpicion, that then and in ſuch caſe it ſhall and may be lawful
for any officer or officers employed by or acting under the ſaid
commiffioners in the management of the duties on playing cards
and dice, in the day-time, and in the prefence of a conftable
or other lawful officer of the peace (who is hereby required to
be aiding and affifting therein) by warrant from fuch juftice or
juftices of the peace before whom fuch affidavit fhall be made,
to be directed to fuch officer or officers as aforefaid (which war-
vant the faid justice or juftices of the peace are hereby authorized
and required to grant) to break open the door, or any part of
fuch houſe or place where any fuch cards or dice are fo, as afore-
faid
288
[1719.
Anno fexto GEORGII I. C. 21.
faid, fufpected to be fo made or making; and to enter into fuch
houſe or place, and to ſeize all fuch cards, dice, tools or mate-
rials with which they are made or making, that ſhall be then
and feize all
the cards and and there found, and to detain and keep the fame in ſuch houſe
dice, tools,&c. and place as the faid commiffioners fhall direct or appoint; and
If not reple-
in caſe the ſame ſhall not within five days next after ſuch ſeizure
vied in five
be claimed and replevied by the true and lawful owners thereof,
days,forfeited, then the faid cards, dice, tools and other materials fhall be ab-
folutely forfeited, and fhall and may be fold by the direction of
the faid commiffioners after the faid five days are expired; one
moiety of the produce thereof (all neceffary charges being firft
deducted out of the whole) to be paid to the uſe of his Majeſty,
his heirs and fucceffors, and the other moiety to the party or
parties who ſhall ſo diſcover the fame.
&c.
9 & 10 W. 3.
c. 25.
C. 18.
LX. And for afcertaining a doubt which hath ariſen, whether a
perſon who caufeth or procureth a mark or stamp to resemble any mark
or ftamp provided or uſed for the duties aforefaid, or any of them,
to be counterfeited or forged, ought to be adjudged a felon by virtue of
the acts of parliament relating to the faid duties, or any of them:
be it declared and enacted by the authority aforefaid, That any
perſon cauſing or procuring to be forged or counterfeited any
9 Ann. c. 23.
Procuring to ftamp or mark to reſemble any ftamp or mark provided, made
be forged any or uſed, or to be provided, made or uſed, in purſuance of any
ſtamp relating act or acts of parliament relating to the faid duties, or any of
to the ftamp- them, or caufing or procuring any vellom, parchment, paper,
duties, felony,
cards or dice to be marked or ſtamped with fuch counterfeit
ftamp or mark, fhall and ought to be adjudged to have actually
done and committed the fame himſelf, and to be a felon, and
to fuffer death as in cafes of felony, without benefit of clergy.
LXI. And whereas by an act of parliament made in the feventh
7 & 8 W. 3. year of the reign of his faid late majesty King William the Third,
intituled, An act for granting to his Majeſty ſeveral rates or du-
ties upon houſes, for making good the deficiencies of the clipped
monies, feveral duties upon houfes were granted for the term there-
in mentioned; and by an act made in the eighth year of the reign of
her faid late majesty Queen Anne, feveral new duties upon houſes
having twenty windows, or more, were granted for the term there-
in mentioned; which feveral duties by fubfequent acts have been feve-
rally continued and made perpetual, fubject nevertheless to fuch re-
demption as in the fame acts, or fome of them, is expreffed: and
whereas by the faid acts relating to the faid duties on houses, or fome
of them, it is enacted, That at the end of every year the collectors
for the next preceding year fhall caufe copies to be made of the refpec-
tive affeffments given to them, and at the bottom thereof shall write
or caufe to be written the names of two or more of the most fubftan-
tial inhabitants, whom they in their judgments fhall think fit, to be
appointed collectors of thofe duties within the faid cities, boroughs,
towns, divifions or places reſpectively, for the enfuing year; and the
justices of the peace, as commiffioners, or any two or more of them,
after perufing and examining fuch affements, and allowing the fame,
are to appoint two perfous named as aforefaid to be collectors for the
8 Ann. c. 4.
7 & 8 W. 3.
c. 18. fect. 9.
year
1919.]
289
Anno fexto GEORGII I. c. 21.
tors of the
year enfuing; but it is found by experience, That in ſome places the
collectors do name infolvent perfons to fucceed them, who run away
and leave a debt on the parish or place, which being anſwerable for
the collectors, is often vexed with process, without having any power,
as the law now flands, to raiſe the arrears fo incurred by a re-affeff-
ment for remedy whereof be it further enacted by the authority Juſtices of
aforefaid, That from and after the first day of August one thou- peace may ap-
point collec-
ſand ſeven hundred and twenty, the faid juftices of the peace,
who are commiffioners for the ſaid duties, or any three or more duties on
of them, ſhall and may, within their reſpective limits, appoint houſes.
two fuch perfons as they fhall think able and reſponſible, to be
collectors within the faid parishes and places, or any of them,
of the faid duties on houfes, from time to time (whether their
names be or be not preſented by the preceding collectors, as
aforefaid;) and in cafe there be or fhall be any arrear of the If any arrear
faid duty on houſes, by reafon of the failure of any ſuch col- by reafon of
lector or collectors as aforefaid, for which any parish or place collectors fai-
lure, justices
ſhall be answerable, it fhall and may be lawful to and for any may make a
three or more juſtices of the peace, being commiffioners for the re-affeffinent.
faid duties on houfes, to cauſe ſuch arrear to be re-affeffed with-
in the fame parish or place reſpectively, on all fuch houſes as are
liable to payment of the faid duties on houſes; and to cauſe the
fame to be raiſed, and (for default of payment) to be levied by
fuch ways and means as the duties on houſes are to be raiſed and
levied in fuch parishes or places reſpectively, and to cauſe the
money fo raiſed or levied, to be paid to the receiver general of
the faid duties, or into the exchequer, for the reſpective uſes
and purpoſes whereunto fuch arrears (if they had been duly
paid by the faid collectors) are appropriated and appointed by
the feveral acts of parliament in that behalf; any law or ſtatute
whatſoever to the contrary notwithſtanding.
LXII. And whereas divers ships and veffels of the burthen of fifty
tons or under, laden with tobacco, brandy, ſpirits and other cuftomable
or prohibited goods, pretending to be bound for foreign parts, do fre-
quently lie hovering on the coaft of Ireland, with intention to run the
Same privately on fhore, as opportunity offers, to the great diminution
of his Majesty's revenue and ruin of fair traders; and hips or ves-
fels of the burthen of fifty tons or under do frequently lie hovering on
that coaft to take in wool, not lawfully licensed to be brought to Eng-
land, and other ſtaple commodities of Ireland, prohibited to be ex-
ported: for the better preventing whereof, be it declared and en-
acted by the authority aforefaid, That from and after the firſt Ships of fifty
day of Auguſt one thoufand feven hundred and twenty, where tons hovering
any ship or veffel of the burthen of fifty tons or under, laden on the coafts
with cuftomable or prohibited goods, fhall be found at anchor within two
or hovering on the coaft of Ireland within two leagues of the leagues of the
thore, and not proceeding on her voyage, wind and weather fhore, officers
permitting, it ſhall and may be lawful to and for any officer or may enter ſuch
officers of his Majefty's customs of that kingdom, to go on account of
fhips to take
board every ſuch fhip or veffel, and to take an account of the the lading,
lading, and to demand and take fecurity from the mafter or other and take fecu-
VOL. XIV.
perfon rity of the ma-
U
of Ireland
290
[1719.
Anno fexto GEORGII I. c. 21.
the value of
voyage.
(a) Not land,
in the record.
Amended by
12 Geo. 2.
C. 22.
Maſters refu-
fing bonds or
not departing
in 20 days, of-
ficers may fe-
cure all the
goods, &c.
1
fters in treble perfon having or taking the charge or command of ſuch ſhip or
the goods on
veffel in that voyage, by his own bond by him to be entred in-
board, for pro- to unto his Majefty, his heirs and fucceffors, in fuch fum or
ceeding regu- fums of money as fhall be treble the value of fuch goods then
larly on their on board, with condition that ſuch ſhip or veſſel (as foon as
wind and weather, and the ftate and condition of fuch fhip or
veffel doth permit) fhall and will proceed regularly on fuch
voyage, and fhall (a) land fuch goods (except wool lawfully li-
cented, as aforefaid) in and at ſome foreign port or ports; and if
ſuch maſter or other perſon having or taking the charge or com-
mand of fuch fhip or veffel, fhall upon fuch demand refuſe to
enter into fuch bond, or having entred into fuch bond, ſhall not
depart or proceed regularly on fuch voyage (as foon as wind
and weather, and the ftate and condition of fuch ſhip or veſſel
fhall permit) unless otherwife fuffered to make a longer ftay by
the collector (or other principal officer in his abfence) of ſuch
port where fuch fhip or veffel fhall be, not exceeding twenty
days, then, and in either of the ſaid caſes, all the goods fo on
board fuch ſhip or veſſel, fhall and may, by any officer or offi-
cers of the cuftoms, by direction of the collector, or other
principal officer, as aforefaid, be taken out of and from ſuch
fhip or veffel, and forthwith brought on fhore and fecured;
and in cafe the faid goods are cuftomable, the customs and other
duties ſhall be paid for the fame; and as concerning wool, or
any prohibited goods, or other goods liable to forfeiture, which
may be found on board fuch ſhips or veſſels at the time of their
unlading, as aforefaid, the fame are hereby declared to be fub-
ject to forfeiture, and the officers of the customs fhall and may
profecute the fame, as alfo the fhip or veffel, in cafe fhe fhall be
liable to condemnation.
Ou landing
the goods,
bond void.
Bonds not o-
therwife dif-
charged, to be
vacated on
sertificate.
Commiffion-
ers of excife
in Ireland to
determine all
offences relat-
ing to wool.
LXIII. Provided always, That after fuch goods are ſo taken
out of ſuch ſhip or veffel, and brought on ſhore, and fecured
by fuch officer or officers, fuch bonds fo to be given as afore-
faid, fhall be void, and delivered up without any fee or reward
for taking or delivering up the fame; and fuch bond not being
otherwife difcharged, fhall, on a proper certificate returned un-
der the common feal of the chief magiftrate in any place or
places beyond the feas, or under the hands and feals of two
known Britiſh or Iris merchants upon the place, that fuch goods
were there landed, or upon proof by credible perſons, that ſuch
goods were taken by enemies, or perifhed in the feas, (the ex-
amination and proof thereof being left to the judgment of the
commiffioners of the cuftoms in Ireland) fhall be vacated and
difcharged.
LXIV. And it is hereby enacted by the authority aforesaid,
That the commiffioners or fub-commiffioners of excife refpec-
tively, in their refpective limits and diftricts in Ireland, or the
major part of them, are hereby authorized and required to hear
and determine all offences against any claufe or article contain-
ed in this or any other act of parliament now in force in Ireland,
made for preventing the unlawful exportation of wool, wool-
6
fells,
1519.]
291
Anno fexto GEORGII I. C. 22.
fells, ſhortlings, mortlings, wool-flocks, worſted, bay or wool-
len yarn, cloth, ferge, kerfeys, bays, fayes, frizes, druggets,
cloth-ferges, fhalloons or any other drapery ftuffs or woollen
manufactures, made or mixed with wool or wool-flocks, and
manufactured in Ireland; which commiffioners or fub-commif-
ſioners ſhall and may proceed in a fummary way, and give judg-
ment or ſentence, and levy the fines, penalties and forfeitures
thereupon, in ſuch or the like manner as they are enabled to
proceed, give judgment, and levy the fines, penalties and for-
feitures, in cafes of excife in Ireland, by any act or acts of par-
liament now in force in that kingdom.
zure in Ireland
LXV. And be it further enacted, That no perfon or perfons None may
ſhall be admitted to claim property in any ſeizure that ſhall be claim proper.
made upon any claufe or claufes in any act of parliament for pre- ty in any fei-
venting the unlawful exportation of wool from Ireland, till he till they have
or they fhall first have given fufficient fecurity to the faid com- given fecurity,
miffioners or fub-commiflioners of the diſtrict where fuch feizure &c.
ſhall be made to anſwer the penalties attending the forfeiture
thereof, if ſuch ſeizure fhall be adjudged to be good in law.
LXVI. And it is hereby further enacted by the authority a-
forefaid, That if any perfon or perſons ſhall be ſued, molefted
or proſecuted for any thing done by virtue or in purſuance of
this act, or any of the claufes therein contained, ſuch perſon
and perſons ſhall and may plead the general iffue, and give this General iſſue,
act and the ſpecial matter in evidence for his, her or their de-
fence; and if afterwards a verdict ſhall paſs for the defendant or
defendants, or the plaintiff or plaintiffs fhall difcontinue his or
their action, or be nonfuited, or judgment fhall be given againſt
him or them upon demurrer, or otherwife, then fuch defendant
or defendants fhall have full cofts to him or them awarded a-
gainſt ſuch plaintiff or plaintiffs.
CA P. XXII.
An act for relief of infolvent debtors, and for the more eafy diſcharge of
bankrupts out of execution, after their certificates allowed. EXP.
Every ſheriff, gaoler, &c. fhall make a lift of all prifoners in their cuftody
on 24 June 1719. And deliver the fame upon oath to the first quarter-
feffions after May 1, 1720. Perfons inferted in fuch lifts, who were pri-
foners on June 24, 1719. and fhall continue ſo to their diſcharge (other
than thoſe committed by judges warrants on an eſcape) who fhall take the
oath in the act, fhall be difcharged in the manner herein provided.
Priſoner to deliver a fchedule of his eftate, and the names of his debtors,
&c. Schedule to remain with the clerk of the peace, in whom the eſtate
fhall be veſted, to be affigned to the creditors. Juftices fhall order the
fheriff, &c. to difcharge fuch prifoner without other fee than 2s. Priſoners
difcharged fhall not be impriſoned for any debt, &c. contracted before June
24, 1719. Notwithstanding the difcharge of any perfon, all judgments
ſhall ſtand good againſt his lands, &c. None ſhall have any benefit of this
act unleſs diſcharged by 25 March 1721. Not to extend to Scotland. Diſ
charge hereafter appearing to be fraudulently obtained, ſhall be void.
None to have any benefit who owes above 50l. to one perfon. Any judge
of the court where judgment has been obtained againſt a bankrupt, may,
on his producing a certificate of his diſcharge, order any ſheriff, &c. to
difcharge him without fee.
U 2:
CAP
292
[1719%
Anno fexto GEORGII I. C. 23.
felons convict
CAP. XXIII.
An act for the further preventing robbery, burglary, and
other felonies, and for the more effectual tranſportation of
felons.
W
HEREAS the laws in being have not yet proved effectual
to the fupprefling of robbery, burglary, and other felonies,
and to the transportation of felons, and fome of the faid laws want-
All the powers ing to be amended and enforced: be it enacted by the King's moſt
given by
4 Geo. I. c.11. excellent majefty, by and with the advice and confent of the
to any court lords fpiritual and temporal and commons in this prefent parlia-
by whom any ment affembled, and by the authority of the fame, That all the
may be tranf-powers and authorities which are in and by an act made in the
ported, may fourth year of the reign of his prefent Majefty, intituled, An act
be executed for the further preventing robbery, burglary, and other felonies, and
by any fubfe- for the more effectual tranſportation of felons, and unlawful exporters
quent court, of wool; and for declaring the law upon fome points relating to pirates,
Jame county, given to any court before whom any felons and offenders tried
&c. though at for and convicted of any offences for which they may be ſent or
another place. tranſported to any of his Majefty's colonies or plantations in
held for the
Such court
the county,
of fuch felons;
America, fhall and may be obferved and executed by any other
fubfequent court with like authority, held for the fame county,
riding, divifion or liberty, where fuch felons or offenders were
or fhall be tried and convicted, notwithstanding fuch other fub-
ſequent court ſhall happen to be held at or in any other town or
place than that wherein fuch trials or convictions were or ſhall
be.
II. Provided always, and it is further enacted by the autho-
may appoint rity aforefaid, That the court before whom fuch felons or of-
two justices of fenders (who may, by virtue of the faid recited act, or by this
&c. to contract prefent act, be tranſported, as aforefaid) were or ſhall be con-
with any per- victed, or any other court held with the like authority for the
fons for the fame county, riding, divifion, liberty or place, wherein they
tranſportation were or ſhall be fo convicted, as aforefaid, may nominate and
and may order appoint, if they fhall think fit, two or more juſtices of the
the like fecu- peace of and for the faid county, riding, divifion, liberty or
rity, and caufe place, where fuch offenders were or fhall be convicted, who
the felons to thall have power and authority to contract with any perfon or
the perfons perfons for the performance of the tranfportation of fuch felons
contracting and offenders, who by order of fuch court or courts are to be
The contracts fent to any of the colonies and plantations aforefaid; and to or-
to be certified der fuch and the like fufficient fecurity (as the faid recited act
be delivered to
to the next
court.
directs to be taken by order of court) and alſo to caufe fuch fe-
lons, purſuant to fuch contracts, to be delivered by the reſpective
gaolers in whoſe cuſtody they are, fhall or may be, to the per-
fon or perfons contracting for them, or to his or their affigns;
which faid contracts and fecurity fhall, from time to time, be
certified by the juftices, who fhall make and take the fame, to
the next court held with the like authority for the faid county,
riding, divifion, liberty or place, where fuch felons were or
shall
1719.]
293
Anno fexto GEORGII I. C.23.
fhall be convicted, to be filed and kept amongſt the records of
fuch court.
III. And it is further enacted by the authority aforefaid, That Charges about
all charges in and about making the contracts, taking fecuri- contracts, &c.
ties, and conveying of felons, in order to be tranfported, by to be born by
virtue of this or the faid recited act, ſhall be born by each each county,
&c. to be paid
county, riding, divifion, liberty or place, for which the court by the treafur
was held that ordered ſuch felon or felons, offender or offenders er.
to be tranſported; and their reſpective treaſurer or treaſurers
fhall, by order of the juſtices of the peace in their reſpective ge-
neral quarter-feffions, pay all fuch charges and expences to fuch
perfon or perfons as fhall be imployed for the purpoſes aforefaid.
name of the
in their own
names:
IV. And it is further enacted by the authority aforefaid, Securities for
That all fecurities for tranſportation hereafter to be taken, pur- tranfportation
fuant to this or the faid former act, fhall be by bond in the to be in the
name of the reſpective clerks of the peace of the county, riding, clerks of the
divifion or place, as aforefaid, which faid clerks of the peace, peace, who
and their fucceffors fhall, from time to time, profecute fuch hall profecute
bonds in their own names, to which purpoſe they fhall be deem-
ed and taken to be a body corporate, and be paid all fuch cofts,
charges and expences, as they or any of them fhall fuftain or
expend in any fuch fuit, as the faid juftices of the peace fhall at
their general quarter-feffions of the peace direct, for the penalty
of ſuch bond, or otherwiſe howfoever by reaſon thereof, out of
the publick ftock, and by the reſpective treaſurer or treaſurers,
as aforefaid; and that all monies recovered on any fuch fecurity And monies
or bond entred into, as aforefaid, ſhall be to and for the ufe of recovered on
the reſpective county, riding, divifion and place, and be paid to thall be to the
fuch reſpective treafurer or treafurers, as aforefaid, to be part úfe of the
of the publick ſtock of fuch county, riding, divifion, liberty or county, &c.
place, as aforefaid.
fuch bonds
may fecure
V. And it is further enacted by the authority aforefaid, That Perfons con-
the perfon or perſons ſo contracting, as aforefaid, and to whom tracting for
any fuch felons or offenders fhall be delivered in order to be tranſportation
tranſported, as aforefaid, or any perfon or perfons directed by fuch felons as
the faid juftices (impowered to contract as aforefaid) or their they fhall
affigns, may, in fuch manner as they ſhall think fit, carry and think fit.
fecure the faid felons and offenders in and through any county
and counties of Great Britain whatſoever, toward the fea-port
from whence they are to be tranfported, as aforefaid; and And rescuing
that if any perfon or perfons fhall refcue fuch felons or of them, fhall be
fenders, or any of them, he, the and they fo refcuing, or aid- guilty of fe-
ing or affifting fuch felons or offenders, or any of them, in lony.
making their eſcape from ſuch perſon or perfons as fhall have
them in their cuſtody, as aforefaid, fhall be deemed and adjudg-
ed guilty of felony, and ſhall ſuffer death as in cafes of felony,
without benefit of clergy.
VI. And whereas fome felons ordered for tranſportation according Felons order-
to law, have already, and others may come on fhore, and return to ed for tranf-
Great Britain, before they have been actually transported to America, Portation, be-
ør may break goal, or eſcape before ſuch tranſportation: be it further at large before
ing afterwards
U 3
enacted
294
[1719.
Anno fexto GEORGII I. C. 23.
of the term,
fhall fuffer
death.
the expiration enacted by the authority aforefaid, That if any felon or felons,
who have been or fhall be ordered for tranſportation by this or
any
other act, ſhall be afterwards at large within any part of
this kingdom of Great Britain, without fome lawful cauſe, be-
fore the expiration of the term for which fuch felon or felons
was, were, or ſhall be ordered to be tranſported, all and every
fuch perfon and perfons, being thereof lawfully convicted, ſhall
fuffer death as in cafes of felony, without benefit of clergy.
VII. And to the intent that fuch conviction may be with as
offenders may little trouble and expence as poffible, be it further enacted by
be tried, and
what shall be a the authority aforefaid, That fuch offender or offenders may be
fufficient proof tried either before juftices of affize, oyer and terminer, or gaol-
to convict
Where fuch
them.
The streets of
fhall be deem-
within the
c. 8.
delivery for the county, city or liberty, where he, fhe or they
fhall be apprehended and taken, or before juftices of affize,
oyer and terminer, or gaol-delivery for that county, city or place,
from whence he, fhe or they were ordered to be tranſported;
and that the clerk of the affize and clerk of the peace where
fuch orders of tranſportation ſhall be made, and their fucceffors
for the time being, fhall, at the request of the profecutor, or
any other in his Majefty's behalf, certify a tranſcript briefly and
in few words, containing the effect and tenor of every indict-
ment and conviction of fuch man or woman, and of the order
and contract for his or her tranſportation, to the juftices of affize,
oyer and terminer, or gaol-delivery, where fuch man or woman
fhall be indicted (not taking for the fame above the fum of two
fhillings and fix pence) which certificate being produced in court
fhall be a fufficient proof that fuch perfon or perfons have be-
fore been convicted and ordered to be tranfported.
VIII. And whereas frequent robberies have been lately committed
London, Weft- in the freets of London and Weſtminſter, and other cities, towns
minster, &c. and places, and doubts have arifen whether any reward could be allow-
ed highways ed to perfons concerned in the apprehending, profecuting and convicting
fuch offenders, which may prove a difcouragement to perfons who other-
4 & 5 W. & M. wife may be willing to undertake the fame: be it hereby enacted
by the authority aforefaid, That the streets of London and West-
minster, and other cities, towns and places, ſhall be deemed
and taken to be highways to all intents and purpoſes, within
the intent and meaning of an act made in the fourth and fifth
years of the reign of their late majeſties King William and Queen
Mary, intituled, An act for the encouraging the apprehending of high-
And all certi- waymen; and all certificates to be hereafter figned upon convic-
tions for robbery, fhall be figned and paid without any deduc-
conviction for tion, fee or reward to be taken for the fame, excepting any fum
robbery ſhall
be paid with- not exceeding five fhillings for the writing and drawing thereof,
and that as well where any offender or offenders plead guilty,
as where they are convicted on evidence; and if any perfon or
perfons, under the pretence of figning or procuring to be fign-
ed any fuch certificate, or on account of payment of the money
allowed therein, fhall take any fee or reward for the fame, other
than as aforesaid, every fuch perfon or perfons offending therein,
ſhall forfeit and pay the fum of forty pounds, to be recovered by
ficates upon
out fee; ex-
cept 5 s. for
writing, and
perfons taking
more thall for-
feit 40 1.
action
1719.]
295
Anno fexto GEORGII I. C. 24.
action of debt, bill, plaint, fuit or information, in any of his
Majeſty's courts of record at Westminster, where no effoin, pro-
tection or wager of law fhall be allowed, or any more than one
imparlance; fuch forfeiture to be to the ufe of the perfon or
perfons entitled to the faid certificate, on the account of which
fuch fee or reward was taken, as aforefaid.
4.
40
•
IX. And whereas the practice of taking money to help perfons to Profecuting to
their ftoln goods, and ſharing it with the felons, is fill continued in conviction any
defiance of the laws, and to the encouragement of felons: be it en- perfon for
taking a re-
acted by the authority aforefaid, That whoever fhall difcover, ward for help-
apprehend and profecute to conviction of felony without bene- ing to ſtoln
fit of clergy, any perfon or perfons for the faid offence of tak- goods, fhall be
ing money or other reward, directly or indirectly, to help any entitled to 401.
perfon or perfons to their ftoln goods (fuch offender not having fect. 4.
apprehended the felon who ftole the fame, and brought him or
her to trial for the fame, and given evidence against him or her
as required by law) fhall be entitled to a reward of forty pounds
for every fuch offender fo convicted, as aforefaid, and fhall have
the like certificate, and like payments made without fee or re-
ward, as any perſon or perſons may be entitled unto for the ap-
prehending, proſecuting and convicting of highwaymen by any
law or laws for that purpoſe.
X. And be it further declared by the authority aforefaid, That The reward of
the reward of forty pounds for the apprehending and convicting 40). to be paid
any perfon or perfons for burglary, fhall be paid without any without de-
deduction, as aforefaid, for every offender who fhall be appre-
hended and convicted for the faid crime.
duction.
1720. aſſault-
fon in the
XI. And be it further enacted by the authority aforefaid, After June 24,
That if any perſon or perfons fhall at any time or times, from and
after the twenty fourth day of June in the year of our Lord one ing any per-
thouſand ſeven hundred and twenty, wilfully and malicioufly ftreets, &c. to
affault any perſon or perfons in the publick ſtreets and highways, tear their
with an intent to tear, fpoil, cut, burn or deface, and fhall cloaths, &c.
tear, fpoil, cut, burn or deface the garments or cloaths of fuch fhall be guilty
perfon or perfons, that then all and every perſon and perfons ſo of felony, and
offending, being thereof lawfully convicted, fhall be and be ad- may be tranf
ported for
judged to be guilty of felony; and every fuch felon and felons feven years.
fhall be fubject, and liable to the like pains and penalties as in
caſe of felony; and the courts by and before whom he, ſhe or
they ſhall be tried, fhall have full power and authority of tranf-
porting fuch felons for the ſpace of feven years, upon the like
terms and conditions as are given, directed or enacted by this
or the before recited act.
CAP. XXIV.
An act for better explaining the nature of conveyances to be made to the
purchaſes of the forfeited eftates by the commiffioners and truſtees act-
ing in Scotland; and for preventing difficulties in determining claims
on the faid eftates; and to enable the judges in Ireland to examine wit-
neffes relating to claims on forfeited eſtates there; and for enabling fuch
corporations as fhall purchaſe any of the faid eftates to grant annuities,
not exceeding the yearly value of the ſaid eſtates; and for relieving the
widow and daughters of the late Sir Donald Macdonald. EXP.
Inden-
V 4
296
[1719.
Anno fexto GEORGII I. c. 25-27.
Continued by
11Geo.2. c. 36.
Indentures of bargain and fale executed by the commiffioners in Scotland,
to contain a procuratory of refignation. And when fuch eftate was holden
of the crown, the exchequer fhall accept of a furrender on fuch procura-
tory. And when holden of a ſubject, he to accept in like manner. Where
the forfeiting perſon enjoyed ſuch eſtate in virtue of a perſonal right, com-
miffioners to make over the fame. Where fuch eftate was holden of the
crown, the buyer ſhall hold by blanch-holding. Purchafers fhall enjoy all
privileges, and may fell, &c. as perfons having any eftate in fee-fimple.
Claimants entring appeals, and alfo commiffioners, may proceed for re-
verfing, &c. the decrees of the delegates, as is competent by the laws of
Scotland. After 30 days fhall elapfe without petition, the delegates de-
crees fhall be final. Examinations of claimants and witneffes in Ireland
may be taken before the judges there; and being tranfmitted to England
fhall be effectual. Commiffioners may examine perfons viva voce.
chafers may grant rent charges to the yearly value of the eftates, and bodies
politick may be purchaſers: and may raiſe money by calls from their mem-
bers. Corporations granting rent charges exceeding the annual value of
the estates, to forfeit treble the fum advanced befides the annual value.
Where any rent-charge thall ceafe, the corporation may grant another, ſo
as the whole do not exceed the annual value of the eftate. The King may
make the fame provifions for the widow and daughters of Sir Donald Mac-
donald as they would have been entitled to if he had not been attainted.
CAP. XXV.
Pur-
An act for repairing the roads from Stevenidge in the county of Hertford,
to Biggleswade in the county of Bedford.
This act is to continue for 21 years from the 24th of June 1720. Continu-
ed by 11Geo. 2. C. 10.
CAP. XXVI.
An act for enlarging the term granted by an act in the fourth year of his
Majefty's reign, intituled, An act for repairing the highways leading from
the Stones End in Kent-freet in the parish of St. George's Southwark in the
county of Surrey, to the Lime-Kilns in Eaft-Greenwich near Black-Heath, and
to Lewisham church, being the Tunbridge road in the county of Kent; and for
repairing and amending the highways and roads leading from Weſt-
minſter-Ferry in the parish of Lambeth in the county of Surrey, to
Newcross in the parish of Deptford in the county of Kent; and for en-
larging the term granted by an act paffed in the fourth year of his Ma-
jeſty's reign, intituled, An act for amending the roads from the city of Lon-
don to the town of Eaft Grinstead in the county of Suffex, and to Sutton and
King fton in the county of Surrey, and for explaining and amending the
fame act.
CAP. XXVII.
An act for making the river Darwent in the county of Derby navigable.
Undertakers impowered, at their own expence, to make the Darwent na-
vigable, from the mouth of the river to Derby. Commiffioners appoint-
ed. Any nine of them may mediate between the undertakers and the
owners and occupiers of lands, &c. And fettle what fatisfaction every
perfon fhall have for his lofs. And proportion what ſhare fhall be paid
any tenant. Perfons having notice, and not treating or agreeing in ten
days, or through any diſability, not being able, the commiffioners on the
oath of a jury of twelve men of the county, not being burgeffes of Der-
by, ſhall affefs fuch damages, as they shall think fit, to be awarded to the
owners of the lands, &c. Damages happening to any owners of lands,
or to mills, wears, &c. by any act of the undertakers, they fhall pay fuch
fum as the commiffioners fhall judge reaſonable. For which the party
fhall have an action of debt, and recover cofts and damages. The under-
takers may demand, not exceeding 1 s. per ton, for wares carried on the
faid river. In cafe of death or refufal to act of any commiffioner, any
nine may appoint another refiding in Derbyshire, and having 100l. per
annum
1719.]
297
Anno fexto GEORGII I. c. 28, 29.
annum in lands, fo as there be always 20 commiffioners at leaſt. On com-
plaint of any damage, commiffioners fhall iffue their warrant to the fhe-.
riff to return a jury, to inquire thereof, and affefs the damage, and the
commiffioners fhall give judgment for the undertakers to pay accordingly.
Boatmafter anſwerable for damages done by his veffel. Commiffioners
proceedings, &c. to be entered in books, to which all perfons may have.
recourſe and take copies, paying 1 s. for not above 200 words. Under-
takers fhall erect a wharf near Holms Mills Fleam or in the Morledge,
and all perfons may lade and unlade there paying 2 d. per ton.
King's people paying the duties fhall have free paflage on the river. Own-
ers of lands, &c. near the river may keep boats for pleaſure, or for con-
veying manure, &c. without paying. Commiffioners fhall not have power
to determine any damages, otherwife than by verdict of a jury.
CAP. XXVIII.
All the
An act for making the river Douglas alias Alland navigable, from the
river Ribble to Wigan in the county palatine of Lancaſter.
Undertakers to make the Douglas navigable at their own coſts. May alter
bridges or highways, pull down mills, wears, &c. fet out towing paths,
&c. firft giving fatisfaction to the proprietors. Commiffioners appointed
for adjusting differences between the undertakers and proprietors. Perfons
intereſted diffatisfied, &c. Commiffioners (hall iffue warrants to the ſheriff
of Lancaſter to return a jury. None to act as a commiffioner, who has
not 100l. per annum in the county. In cafe of death of any commiffioners,
or their refufal to act, the other commiffioners to nominate others. Un-
dertakers may demand for every ton of coal, &c. up or down the river,
any fum not exceeding 2 s. 6d. Barge-mafters anſwerable for damages
done by their veffels, &c. to wears, &c. The Douglas between the Ribble
and Miry-Lane End, not under the furvey of any commiffion of ſewers.
Owners of lands near the river may ufe pleaſure boats, but not carry
goods in them. The river fhall be efteemed navigable from the Ribble to
Miry-Lane End, and free for all perfons to pafs, paying the rates.
ing all royalties of fiſhing or fowling. Any perfon may carry wares on
the river, paying 2 s. 6 d. per ton. No meeting of commiffioners to be
above eight miles from the place in queſtion. Undertakers not finiſhing
the navigation within eleven years after the end of this feffion of parlia-
ment, commiffioners may appoint others. Damages in grounds, mills,
&c. occafioned by the undertakers railing the water too high, not keeping
up the banks, &c. Commiflioners fhall afcertain the fame by a jury, and
give judgment for it. Undertakers cutting through, or altering highways,
Thall prepare as good: and if they have occafion to purchaſe land, the
price thalt be afcertained as above.
CAP. XXIX.
Sav-
An act for preſerving and improving the navigation of the river Ouſe in
the county of Huntingdon.
Henry Ashley, efq; impowered to repair and amend the paffage for boats,
&c. on the Oufe, to cleanſe the river at Hollowell, to repair St. Ives
Stanch; to cut banks, &c. The quarter-feffions for Huntingdonshire to
determine the fatisfaction to be given for damages, who may fummon
witneffes, &c. Sums decreed, to be paid in three days after notice, and
on refuſal two juftices may levy by diftrefs. The toll for every chalder of
coals Lynn meaſure, one penny. For every half hundred of deals, one
penny. For every load of timber, forty foot to the load, one penny. For
eight packs of wool, ten tods to the pack, one penny. For every weigh of
falt, one penny. For every load of wheat, barley, rye, peafe or beans, five
quarters to the load, one penny. For every laft of oats, one penny. For
every thouſand of turf, one penny. For every load of reed, fedge, hay,
or hemp, twenty hundred weight to a load, one penny. For every last
of malt one penny. For every thouſand of tiles, one penny. For every
chalder of lime, one penny. And for every ton of other goods, one penny.
Perſons obftructing the undertaker in any thing authorized by this act,
OF
298
[1719.
Anno fexto GEORGII I. c. 30.
doing any damage to the ftanch or new works, he may bring his action,
and hall recover treble damages and full coſts. Or the perfon oppofing,
or doing fuch damage, may be ſet in the ſtocks three hours for the first
offence, and for the fecond fent to the houſe of correction. Boat-mafter
to anſwer for damage done by his boat or crew. Six juftices of Hunting-
donfhire and fix commiffioners of fewers in the fens, fhall be commiffion-
ers for government of the new works; five of whom may meet, and make
orders, &c.
CAP. XXX.
An act for making the river Idle navigable, from Eaſt-Retford in the
county of Nottingham, to Bawtry-Wharf in the county of York.
The bailiffs and aldermen of Eaft Retford, impowered to make the Idle
navigable from Eaft-Retford to Shire-Dike. The bailiffs, &c. before they
begin to make cuts, &c. to agree with the owners of the lands. Com-
miffioners appointed for adjufting all differences between the faid bailiffs,
&c. and the owners of lands, &c. damnified. If any perſons will not agree,
or through any diſability cannot, the commiffioners fhall iffue their warrant
to the ſheriff to impanel a jury, who upon their oath, after view, fhall affefs
damages, and the commiffioners fhall give judgment accordingly. Commif.
fioners death or refufal to act fhall be recorded, and the other commiffioners
may nominate another, having 50l. per annum, or 1000l. Perſonal eſtate.
Manure to pay d. and all other goods 1 s. per ton. The bailiffs, &c. may
leffen the duty. The mafter of every barge, &c. anſwerable for damage done
by his barge, &c. or crew. Perfons throwing roots, &c. into the river,
and thereby obftructing the navigation, the bailiffs, &c. may fue them,
and fhall recover what removing the obftruction fhall coft, &c. Commif,
fioners of ſewers fhall have no power to do any thing that may hinder the
navigation. The Idle fhall for ever hereafter be navigable from Eaft-
Retford to Shire-Dike; and all perfons have free paffage thereon. None
may cut down or damnify any trees near the river, fo as fufficient haling
paths be left. Perfons aggrieved may appeal to juftices of affize, whofe
order fhall be final, and no appeal from their judgment.
Anno Regni GEORGII I. Regis Magnæ Bri-
tannia, Franciæ & Hiberniæ, feptimo.
AT
T the parliament begun and bolden at Weſtminſter,
the feventeenth day of March, Anno Domini one
thousand feven hundred and fourteen, in the first year of the
reign of our fovereign lord GEORGE, by the Grace of
God, of Great Britain, France and Ireland, King, defender
of the faith, &c. And from thence continued by feveral
prorogations to the eighth day of December one thouſand
Jeven hundred and twenty; being the fixth feffion of this
prefent parliament.
Į
CAP.
1720.]
299
Anno feptimo GEORGII I. C. 1.
CAP. I.
An act for restraining the fub-governor, deputy-governor,
direflors, treasurer or cashier, deputy-cafbier, and account-
ant of the South-Sea company, from going out of this
kingdom for the space of one year, and until the end of
the then next feffion of parliament; and for diſcovering
their eftates and effects, and for preventing the tranfport-
ing or alienating the fame.
WHEREAS Sir John Fellows, baronet, the preſent fub- Farther provi-
this act.
governor, Charles Joye, efquire, deputy-governor, and Wil- fions relating to
liam Aftell, efquire, Sir Lambert Blackwell, baronet, Sir John the matters in
Blunt, baronet, Sir Robert Chaplain, baronet, Sir William 7 Geo. 1. ftat,
Chapman, knight and baronet, Robert Chefter, efquire, Stephen 1. c. 28.
Child, efquire, Peter Delaport, efquire, Francis Eyles, efquire, James
Edmonson, efquire, Edward Gibbon, efquire, John Gore, efquire,
Sir William Hammond, knight, Francis Hawes, efquire, Richard
Horſey, efquire, Richard Holditch, efquire, Sir Theodore Janf-
fen, knight and baronet, Sir Jacob Jacobſon, knight, Arthur Ing-
ram, efquire, Sir John Lambert, baronet, Sir Harcourt Mafter,
knight, William Morley, efquire, Ambroſe Page, efquire, colonel
Hugh Raymond, Samuel Read, junior, efquire, Thomas Rey-
nolds, efquire, Jacob Sawbridge, efquire, William Tillard, ef-
quire, and John Turner, efquire, directors of the corporation of
the governor and company of merchants of Great Britain trading to
the South-Seas, and other parts of America, and for encouraging
the fishery; and alfo Robert Knight, treasurer or cashier, Robert
Surman, deputy-cafbier, and John Grigsby, accountant to the faid
corporation, in confederacy with the faid fub-governor, deputy-go-
vernor and directors, under colour of an act paffed in the laft feffion
of parliament, intituled, An act for enabling the South-Sea com- 6 Geo, 1. c.4.
pany to encreaſe their prefent capital ſtock and fund, by redeem-
ing fuch publick debts and incumbrances as are therein men-
tioned; and for raising money to be applied for leffening feve-
ral of the publick debts and incumbrances; and for calling in
the prefent exchequer-bills remaining uncancelled; and for
making forth new bills in lieu thereof, to be circulated and
exchanged upon demand at or near the exchequer, have con-
trived and carried on many notorious, fraudulent and indirect prac-
tices, contrary to the intention of the jaid act, to the great detri-
ment of the publick, in breach of their trust, and to the manifeft
wrong and oppreſſion of great numbers of his Majesty's fubjects:
now to the end that their perfons and eftates may be fecured,
fo as to anſwer and be liable to juftice in parliament, be it en-
acted, &c. EXP.
The fub-governor, directors, &c. of the South-Sea company fhall not go out
of the kingdom for one year from December 8, 1720. and till the end of
next feffion of parliament. But ſhall enter inte recognizance with fure-
ties before the barons of the exchequer not to depart, &c. The fub-gover-
nor, &c. to be bound in the penalty of 100,000l. and fureties, in 25,ocol.
each.
J
300
[1720.
Anno feptimo GEORGII I. c. 2.
each. Neglecting to enter into fuch recognizance before February 8, 1720.
to be committed to the Fleet without bail. The fub-governor, &c. de-
parting out of the kingdom, and perſons aiding to fuch departure ſhall
be guilty of felony. The faid fub-governor, &c. fhall before March 25,
1721. deliver upon oath to one of the barons of the exchequer, two in-
ventories of all their real and perfonal eſtate, of which they were poffeff-
ed on June 1, 1720. and alſo of fuch eftate as they have aliened or difpof-
ed of fince that day. Barons of the exchequer to deliver a duplicate of
fuch inventories to either houſe of parliament. If fuch inventories ap-
pear evaſive, or upon fignification from either houſe of parliament for a
farther examination to be had thereupon or on information of any conceal-
ment, &c. the barons may examine perſons on oath, and ſummon the ſub-
governor, &c. to appear; and in default iffue their warrants to bring them.
before them. Refufing to be examined, fhall be committed to the Fleet with-
out bail. Not delivering inventories, or not fubmitting to be examined in
eight days after commitment, or being guilty of any concealment, &c. fhall
ſuffer death. The barons may iffue warrants to apprehend perfons refuſing
to appear upon fummons; and may commit to the Fleet fuch as refufe to
be fworn, and anſwer to interrogatories, till they fubmit to be examined.
The ſub-governor, &c. diſabled for one year after January 5, 1720. to a-
lien, &c. any lands, &c. But they may difpofe of their eftates by their laſt
will. The fub-governor, &c. fhall not for one year after January 5,
1720. Convey any of their goods, &c. out of the realm, except fhares of
hips, &c. Offending fhall be guilty of felony. Perfons having accepted
of any truft, or concealing any eftate, &c. to forfeit treble the value, and
be impriſoned for one year without bail. Diſcoverers of any concealed
eftate, before September 29, 1721. fhall be allowed 20l. per centum
for effects beyond the feas, and 101. for effects in this kingdom. The
forfeited eftates to be paid into the exchequer for the uſe of the South-Sea
company.
CA P. II.
An act to diſable the prefent fub-governor, deputy-governor
and directors of the South-Sea company, at, from and
after the respective times for electing a fub-governor, de-
puty-governor and new directors of the faid company, to
take, bold or enjoy any office, place or employment in the
faid company, or in the Eaft-India company, or bank of
England, and from voting upon elections in the faid com
pany.
WHEREAS Sir John Fellows, baronet, fub-governor, and
Charles Joye, efquire, deputy-governor, and William
Aftell, efquire, Sir Lambert Blackwell, baronet, Sir John Blunt,
baronet, Sir Robert Chaplain, baronet, Sir William Chapman,
knight and baronet, Robert Chester, Stephen Child, Peter Dela-
port, Francis Eyles, James Edmondfon, Edward Gibbon, John
Gore, efquires; Sir William Hammond, knight, Francis Hawes,
Richard Horfey, Richard Houlditch, efquires; Sir Theodore
Janffen, knight and baronet, Sir Jacob Jacobfon, knight, Arthur
Ingram, efquire, Sir John Lambert, baronet, Sir Harcourt Maf-
ter, knight, William Morley, Ambrofe Page, colonel Hugh Ray-
mond, Samuel Read junior, Thomas Reynolds, Jacob Saw-
bridge, William Tillard, and John Turner, efquires, directors
of the corporation erected by the name of The Governor and Company
of Merchants of Great Britain trading to the South-Seas and other
parts
1720.]
301
Anno feptimo GEORGII I. c. 3.
!
parts of America, and for encouraging the fishery, have been guilty
of a notorious breach of truft in the execution of their faid offices, to
the great detriment of the faid company, and of publick credit: be
it therefore enacted, &c. EXP.
The fub governor, &c. of the South-Sea company difabled from holding
any office in that or the Eaft-India company, or in the bank of England.
Diſabled alſo from voting in elections of ſub-governor, &c. of the ſaid
companies.
CAP. III.
An act for repealing an act made in the ninth year of the
reign of her late majesty Queen Anne, intituled, An act
to oblige fhips coming from places infected more ef-
fectually to perform their quarentine; and for the better
preventing the plague being brought from foreign parts in-
to Great Britain or Ireland, or the ifles of Guernſey,
Jerſey, Alderney, Sark or Man; and to binder the
Spreading of infection.
Winter in the ninth year of the reign of her late majesty
HEREAS in the parliament begun and holden at Weſt-
Queen Anne an act paſſed, intituled, An act to oblige fhips com- 9 Ann. c. 2-
ing from places infected more effectually to perform their qua-
rentine: and whereas Marfeilles, and other places in the Southern
parts of France, have for fome time paft been visited with the plague,
which occafioned just apprehenfions left the infection might be brought
into this kingdom from the places fo infected, or other places trading
or corresponding therewith, unless timely care were taken to prevent
the fame: and whereas it hath been found by experience, That the See 8 Geo. 1.
faid act is defective and infufficient for the purposes intended, and
the penalties inflicted by the fame not adequate to the offences there- c. 18. fect. 14.
by prohibited; and fome further provisions are necessary to be made, 26 Geo.2.c.6.
in cafe it should pleafe Almighty God to permit theſe kingdoms to be af-
flicted with the plague: for remedy thereof, be it enacted, &c.
EXP. See 26 Geo. 2. c. 6.
During the times of infection all veffels, perfons, goods, &c. coming into
Great Britain, &c. from places infected, &c. fhall perform quarentine
as his Majefty fhall direct by proclamation. Malter, &c. of any veffel
coming from infected places, or having on board perfons vifited with the
plague, and not difcovering the fame, guilty of felony. Malter, &c. not
making a true difcovery of the particulars, to forfeit 2001. If the mafter,
&c. of any veffel liable to quarentine fhall quit fuch veffel, or permit any
feaman, &c. fo to do, or on notice not conveying fuch veffe! to the place
appointed for quarentine, fuch fhips, &c. fhall be forfeited, and the maſter,
&c. fhall forfeit 2001. Perfons quitting fuch fhip may be compelled to
return on board; and fhall be imprifoned fix months, and forfeit 200 l.
In caſe of infection his Majeſty in council may make orders concerning
quarentine, &c. In times of infection the King may caufe fhips and la-
zarets to be provided for the performance of quarentine, and entertain-
ment of perfons infected; likewife proper places for airing of goods, &c.
To be approved by two juftices; either in waftes, or in the grounds of
any perton, not being a houfe, park, &c. paying for the fame. Rates to
be affeffed by quarter-feffions. The proper officers may compel perfons
infected,
c. 8. & 10. &
302
[1720.
Anno feptimo GEORGII I. C.4.
Rep. 8 Geo. 1.
C. 10.
This act to
commence
years, &c.
infected, or obliged to quarentine, to repair to the places provided. Per-
fons refufing to repair, &c. or endeavouring to eſcape, may be compelled
by any kind of violence. Perfons actually refufing to repair, &c. or e-
fcaping, fhall fuffer death as felons. Perfons not infected, entring any
fhip, &c. fhall continue and perform quarentine: and fuch perſons actu-
ally eſcaping, fhall fuffer death. The King may caufe lines to be caft up
about places infected; and prohibit perfons, goods, &c. to pafs fuch lines.
Perfons offering to pals without licence, may be compelled back, and ac-
tually paffing, fhall fuffer death. Two juftices may order inhabitants of
neighbouring pariſhes, &c. to keep watches night and day on places in-
fected, and upon fuch lines, &c. with fuch numbers of men as they fhall
think fit. Inhabitants refuſing to watch, fhall forfeit not exceeding 100 l..
nor leſs than 101. and fhall be impriſoned two months without bail, and
till payment. Watchmen neglecting their duty, liable to like puniſhment.
Officer neglecting to execute any orders concerning quarentine, ſhall for-
feit his office, and tool. Goods, &c. fpecified in orders concerning qua-
rentine, being imported, fhall be liable to fuch orders. The King in coun-
cil may order fhips coming from infected places, or laden with goods from
fuch places, or having on board any infected perfon, to be burnt. On
proof made on oath of the mafter, &c. that any fhip has performed qua-
rentine, and certificate thereof, ſuch ſhip ſhall not be liable to any further
reſtraint on the fame account. Is. each for fuch oath and certificate.
After quarentine, goods, &c. fhall be opened and aired as his Majeſty ſhall
direct; and on proof thereof fuch goods, &c. fhall be diſcharged. In times
of infection the King may by proclamation prohibit veffels under the bur-
then of 20 tons from failing out of any port in Great Britain, &c. till the
mafter has given 500l. fecurity, that fuch veffel fhall not go to any coun-
try, &c. mentioned in fuch proclamation, &c. Perfons buying goods
clandeftinely imported to forfeit 10l. Proclamations concerning quaren-
tine, &c. to be read in churches.
XXII. And it is hereby enacted, That this act, and the fe-
veral clauſes and provifions therein contained, fhall commence
from 10 Feb. and take effect from and after the tenth day of February in the
1720, and con-
tinue for three year of our Lord one thouſand ſeven hundred and twenty, and
hall continue in force for the ſpace of three years, and from
8 Geo. 1. c. 8. thence to the end of the then next feffion of parliament; and
After the faid from and after the ſaid tenth day of February one thouſand ſeven
10 Feb. 1720. hundred and twenty the aforefaid act made in the ninth year
of
the act 9 Ann.
the reign of her late majesty Queen Anne, intituled, An act to
c. 2. repealed.
oblige hips coming from places infected more effectually to perform
quarentine, (as to all matters and things to arife or be done from
and after the ſaid tenth day of February one thouſand ſeven hun-
dred and twenty) fhall be and ftand abfolutely repealed.
The watches to be kept at the charge of the county, and quarter-feffions
to raiſe the monies as for county gaols, &c. To be paid to the chief con-
ſtable of the divifion, and to be diftributed by him. Officer, &c. per-
mitting any perfon, goods, &c. to depart or be conveyed out of any place
infected, &c. fhall fuffer death. Perfons aggrieved by the judgment of
any juſtice, may appeal to quarter-feffions, who fhall finally determine;
and if they give judgment againſt the appellant, may order him to pay
coits. No attainder by this act fhall work any corruption of blood, &c.
CAP. IV.
An act for granting an aid to his Majefty by a land-tax to be raiſed in
Great Britain, for the fervice of the year one thouſand ſeven hundred
twenty one. 35. in the pound. EXP. See cap. 20. fect. 39.
Q
CAP.
1920.]
303
Anno feptimo GEORGII I. C. 5.
CAP. V.
An act to enable the South-Sea company to ingraft part of
their capital flock and fund into the stock and fund of the
bank of England, and another part thereof into the stock
and fund of the Eaft-India company; and for giving fur-
ther time for payments to be made by the faid South-Sea
company to the uſe of the publick.
this act,
8 Geo. I. c. 20.
AY it pleaſe your most excellent Majesty, Whereas the capital
or joint stock of the corporation, called by the name of the go-
vernor and company of merchants of Great Britain trading to the
South-Seas and other parts of America, and for encouraging the fish-
ery, did, at the time of making the act of parliament of the fixth year of 6 Geo. 1. c. 4.
pour Majesty's reign, intituled, An act for enabling the South-Sea
company to increaſe their prefent capital ſtock and fund by re-
deeming fuch publick debts and incumbrances as are therein.
mentioned; and for raifing money to be applied for leſſening
ſeveral of the publick debts and incumbrances; and for calling
in the preſent exchequer-bills remaining uncancelled; and for
making forth new bills in lieu thereof, to be circulated and ex-
changed upon demand at or near the exchequer, by computation Farther provi-
amount in the whole to eleven millions feven hundred forty fix thou-fions concerning
fand eight hundred forty four pounds eight shillings and ten pence, or the matters in
thereabouts. And whereas it hath been represented unto us, your
Majesty's most dutiful and loyal fubjects the commons of Great Britain 7 Geo.i. ftat.z.
in parliament affembled, That by virtue and in purſuance of the faid
act feveral annuities, debts and incumbrances have been fubfcribed and
redeemed, or taken in, which (being computed at the respective values
in and by the ſaid act preſcribed) will make in the whole twenty fix
millions fifty five thousand feven hundred and feventy four pounds
five fillings and two pence, or thereabouts, to be added to the faid
capital or joint stock; and that both the ſaid ſums will make the in-
creafed capital or joint stock of the faid corporation (which is com-
monly called the South-Sea company) to amount in the whole to thir-
ty feven millions eight hundred and two thousand fix hundred and
eighteen pounds fourteen fillings, or thereabouts: and that in re-
Spect of feveral of the faid fums comprehended in the faid increaſed
capital or joint stock, the faid corporation is and will be entitled to fe-
veral annuities or yearly funds, after the rate of five pounds per cen-
tum per annum, to be paid and payable at the receipt of your Ma-
jesty's exchequer by weekly or other payments, out of ſeveral duties, re-
venues and other provifions fettled by the faid act for that purpoſe,
until and for the feast of the nativity of Saint John Baptiſt which
fhall be in the year of our Lord one thousand feven hundred and twenty
Seven; and afterwards at the rate of four pounds per centum per an-
num, until the redemption thereof according to the faid act: and that
in respect of ſeveral other of the faid fums comprehended in the ſaid
increaſed capital or joint ſtock, the fa. corporation is and will be en-
titled
304
Anno feptimo GEORGII I. c.5. [1920.
titled to ſeveral annuities or yearly funds, after the rate of four
pounds per centum per annum, to be paid and payable at the ſaid
receipt by weekly or other payments, out of feveral duties, revenues
and other provifions fettled by the faid act for payment thereof, until
and for the faid feast of the nativity of Saint John Baptiſt one
thousand feven hundred and twenty feven, and afterwards at the fame
rate, until the redemption thereof by parliament according to the faid
act; which faid annuities or yearly funds fo payable at the ſaid re-
ceipt of exchequer are nevertheless liable to fuch charges and incum-
brances, as in and by the faid act are expreſſed or mentioned concerning
the fame. And whereas in and by the ſaid act provifion was made,
That nine thousand three hundred ninety Jeven pounds nine fillings
and fix pence per annum, therein mentioned, and feveral other fums
which were thereby directed to be computed and added thereunto, for
charges of management, ſhould from time to time be paid and payable
to the faid company in the manner thereby preſcribed; as in and by the
faid act (relation being thereunto had) may more fully appear. And
whereas the faid South-Sea company, in and by a propofition agreed
to in a general court of the fame holden on or about the fecond day of
January one thouſand ſeven hundred and twenty, and fince prefented
to us your Majesty's ſaid dutiful and loyal fubjects, have humbly of
fered, that a fum not exceeding nine millions of the capital stock of
the faid South-Sea company, together with an annuity of five pounds
per centum per annum iffuing from the exchequer, and payable
weekly, be ingrafted into the capital stock of the governor and com-
pany of the bank of England, and be added to their preſent capital
flock of five millions five hundred fifty nine thousand nine hundred
ninety five pounds fourteen fillings and eight pence; and that every
proprietor of the faid fum fo to be ingrafted be entitled to a ſhare
in the capital of the ſaid governor and company of the bank of Eng-
land, at the rate of one hundred and twenty pounds per centum,
that is to fay, for every one hundred and twenty pounds in the faid
fum not exceeding nine millions to be ingrafted, each proprietor to have
one hundred pounds flock in the bank; that the remaining twenty
pounds per centum, part of the faid fum not exceeding nine millions,
(which, if the whole be ingrafted, would make one million and an
half) be referved for the common benefit and advantage af the pro-
prietors of the whole capital fo increaſed; and that a certain fum be
annually allowed to the governor and company of the bank of Eng-
land towards their charges of management: and the faid South-Sea
company in the faid propofition have alfo humbly offered, that a fum
not exceeding nine millions of the capital stock of the faid South-Sea
company, together with an annuity of five pounds per centum per an-
num iffuing from the exchequer, and payable weekly, be ingrafted
into the stock of the united company of merchants of England trading
to the East Indies, and added to their prefent capital stock of three
millions two hundred thousand pounds; and that every proprietor of
the faid fums fo to be ingrafted into the capital of the united com-
pany of merchants of England trading to the Eaft Indies be entitled
to a fhare in the capital flock of the fame company, at the rate of one
hundred and twenty pounds per centum, that is to fay, for every one
hundred
1720.]
305
Anno feptimo GEORGII I. ftat. 1. c.5.
誓
​hundred and twenty pounds in the last mentioned fum not exceeding
nine millions fo to be ingrafted, each proprietor to have one hundred
pounds ftock in the faid Eaſt India company; and that the remaining
twenty pounds per centum, part of the last mentioned fum not ex-
ceeding nine millions (which, if the whole be ingrafted, will make one
million and an half) be difpofed and diftributed in the manner therein
mentioned; and that a certain fum be annually allowed to the faid
Eaſt India company towards their charges of management. And
whereas the faid governor and company of the bank of England,
in and by a propofition agreed to in a general court of that corporation
bolden on or about the twenty ninth day of December one thousand
feven hundred and twenty, and fince prefented to us your Majefty's
Said dutiful and loyal fubjects, have declared their willingness to ad-
mit, that nine millions of the capital of the South Sea company, to-
gether with an annuity of five pounds per centum per annum iu-
ing from the exchequer, payable weekly, and free from all incumbrances,
be ingrafted into the capital stock of the bank of England, and be added
into their prefent capital flock of five millions five hundred fifty nine
thousand ninety five pounds fourteen fhillings and eight pence; and
that every proprietor of the fame fums fo to be ingrafted be entitled
to a fhare in the capital of the bank of England, at the rate of one
hundred and twenty pounds per centum, that is to fay, for every one
hundred and twenty pounds in the fame fum fo to be ingrafted, each
proprietor to have one hundred pounds flock in the bank; the remain-
ing twenty pounds per centum, part of the fame fum not exceeding
nine millions (which, if the whole be ingrafted, would make one mil-
lion and an half) to be referved for the common benefit and advant-
age of the proprietors of the whole capital fo increaſed; and that a
certain fum be annually allowed to the faid governor and company of
the bank of England towards their charges of management. And
whereas the faid united company of merchants of England trading
to the Eaſt Indies, in and by a propofition agreed to in a general
court of that corporation holden on or about the third day of January
one thousand feven hundred and twenty, and fince prefented to us your
Majefty's faid dutiful and loyal fubjects, have declared their willing-
nefs to admit, that a fum not exceeding nine millions of the capital
of the faid South Sea company, together with an annuity of five
pounds per centum per annum iuing from the exchequer, payable
weekly, and free from all incumbrances, be ingrafted into the stock
of the faid Eaft India company, and added to their prefent capital
ftack of three millions two hundred thousand pounds; and that every
proprietor of the fame fum fo to be ingrafted be entitled to a share
in the capital flock of the faid Eaft India company, at the rate of
one hundred and twenty pounds per centum, that is to fay, for every
one hundred and twenty pounds in the fame fums fo to be ingrafted,
each proprietor to have one hundred pounds flock in the Eaſt India
company; the remaining twenty pounds per centum, part of the fame
fum not exceeding nine millions (which, if the whole be ingrafted,
would make one million and an half) to be diſpoſed and diftributed in
manner following, that is to fay, fix hundred and forty thousand
pounds thereof, being after the rate of twenty pounds per centum,
VOL. XIV.
X
upor
4:5
306
Anno feptimo GEORGII I. ftat.1. C. 5. [1720.
After
24 June
1727. on re-
payment to
company of
their capital
ftock,&c. their
annuities to
ceafe.
upon the faid fum of three millions two hundred thousand pounds, to
the then proprietors of the fame capital of three millions two hundred
thousand pounds: and the remainder of the faid twenty pounds per
centum to and for the common benefit and advantage of all the pro-
prietors of the whole capital of the faid East India company fo in-
creaſed, which remainder (if the whole nine millions be ingrafted)
will amount to eight hundred and fixty thouſand pounds; and that a
certain fum be annually allowed to the faid Eaft India company to-
wards their charges of management. And whereas it is judged, that
an ingraftment of part of the capital of the South Sea company into
the capitals of the bank of England and the Eaft India company,
purſuant to the faid ſeveral propoſals of the faid refpective companies,
will contribute very much to the restoring and establishing publick
credit: we your Majefty's faid dutiful and loyal fubjects, the
commons of Great Britain in parliament affembled, do moſt
humbly beseech your Majefty, That it may enacted, &. EXP.
Between 24 June and 25 Dec. 1721, South Sea company may, under their
common feal, and at their own charges, transfer to the bank fuch fhare of
their capital stock at 51. per cent. as fhall be agreed on between them,
together with fo much of their annuities, as fhall bear proportion to the
ftock transferred, not exceeding 9,000,000l. The fhares fo transferred
fhall be added to the capital ftock of the bank. South Sea company may,
between the ſame times, alfo transfer to the Eaft India company fuch fhare
of their capital ftock at 51. per cent. as fhall be agreed upon between them,
together with fo much of their annuities, as fhall bear proportion to the
ftock transferred, not exceeding 9,000,000l. The fhares fo transferred
fhall be added to the capital ſtock of the East India company. After fuch
transfers, the two companies fhall lawfully enjoy their respective thares in
tock. South Sea company may enjoy their whole capital ftock, &c. till
the transfers be made, and afterwards may hold all their unaffigned stock,
&c. till redemption by parliament. South Sea company may hold 93971.
9s. 6d. per annum for charge of management, till a transfer of part of their
capital ftock, and afterwards the two companies fhall receive a propor-
tional part thereof for charges of management. Annuities payable quar-
terly at 51. per cent. till the twenty fourth of June 1727, and afterwards at
41. per cent. All perfons entitled to any fhares in the South Sea company
at the time of transferring, thall have a proportional ſhare in the ftock
transferred to the bank, &c. The fame for fhares transferred to the Eaft
India company, &c. Unfigned fhares in the South Sea company may be
transferred in the books of the company, or devifed by will, as formerly.
Members of the bank may transfer or devife their increafed stock, as for-
merly. And alfo the members of the Eaft India company. All privileges,
&c. founded upon former acts or charters, continued, &c.
XXIII. Provided always, and it is hereby enacted by the au-
thority aforefaid, That at any time after the feaſt of the nativity
of Saint John Baptift which fhall be in the year of our Lord
the South-Sea one thoufand feven hundred and twenty feven, upon repayment
by parliament to the faid corporation, commonly called the
South-Sea company, of the fum of the capital ftock, or of that
part of the capital ftock which fhall then belong to that corpo-
ration according to this act, without any deduction, defalcation
or abatement whatfoever to be made out of the fame fum, or
any part thereof; and upon payment of all arrears which shall
be then due at the reſpective rates aforefaid, or either of them,
for or upon their then annuities or yearly funds payable in re-
spec
1720.]
307
Anno feptimo GEORGII I. ftat. I. c. 5.
fpect thereof; and upon payment of all arrears of the faid year-
ly fums, or of fuch proportions thereof as ſhall be payable to
them for charges of management; all which arrears (if any fuch
be) fhall be computed and paid to the quarterly feaſt day then
next preceding, and from thence ſhall be computed and paid by
the day, till the time of fuch full payment of their capital fum;
then the fame annuities or yearly funds, and the yearly fums to
be allowed to them for charges of management as aforesaid,
and every of them, fhall from thenceforth ceafe and determine;
any thing herein contained to the contrary notwithſtanding.
After 24 June 1727, on repayment to the bank of the whole fum transfer-
red from the South Sea company, &c. the yearly funds, &c. to ceaſe.
The ſame clauſe for the Eaft India company.
tional part of
XXVI. And in regard it is intended, That at any time or times After 24 June
after the faid feast of the nativity of Saint John Baptiſt one thou- 1727, on re-
Jand feven hundred and twenty feven the principal or fum total of payment to
the capital stock, or fo much thereof as fhall then belong to the faid the South-Sea
South-Sea company, may be fatisfied to them by any payments (not any fum not
company of
being less than five hundred thousand pounds of lawful money of Great lefs than
Britain at a time) and that as the fame principal monies fhall be paid 500,000l. at a
off, the annuities or yearly funds of the faid South-Sea company time,a propor-
payable in respect thereof, fhall from time to time proportionably fink their annuities
and be abated: be it therefore further provided and enacted by the hall cease.
authority aforefaid, That at any time or times after the ſaid feaſt
of the nativity of Saint John Baptiſt one thouſand ſeven hun-
dred and twenty feven, upon repayment by parliament to the
faid South-Sea company of any fum or fums of money (not be→
ing leſs than five hundred thousand pounds at a time) in part of
the principal monies of the faid capital ftock which fhall then
belong to the faid South-Sea company; and upon payment of all
arrears then due to them at the reſpective rates aforeſaid, for or
upon their ſaid annuities or yearly funds, or fo much of thoſe
arrears as ſhall bear a proportion to their principal fums, from
time to time, remaining unfatisfied, being computed by the day,
until the time of every fuch payment of part of the principal
reſpectively; and upon payment of all arrears then due for or
upon the faid yearly fums, or their part of the ſaid yearly fums
for charges of management; then from and after every ſuch
payment fo made to the faid South-Sea company, fo much of
their faid annuities or yearly funds, as fhall bear proportion to the
monies ſo paid in part of the faid principal, fhall ceaſe, deter-
mine, and be abated; any thing in this or any former act or
acts of parliament contained, or other matter or thing whatfo-
ever to the contrary notwithſtanding.
And on repayment to the bank of any fum not less than 250,000l. at a
time, a proportional part of their annuities to ceaſe. The like clauſe for
the Eaft-India company. After fuch redemption the duties applicable
thereto ſhall be underſtood to be redeemed by parliament. Bank to con-
tinue a corporation till all the fhares transferred to them by the South-Sea
company be redeemed. After the ingraftments, ſhares not exceeding rool.
X 2
in
308
[1720.
Anno feptimo GEORGII I. ftat. 1. C.5.
in the whole, may be transferred without ſtamp or other charges for fuch
transfers.
:
XXXII. And it is hereby enacted by the authority aforesaid,
Eaft India That it ſhall and may be lawful to and for the faid united com-
company may pany of merchants of England trading to the Eaft Indies, and
take up monies their fucceffors, and they are hereby enabled from time to time,
on their com-
or at any time or times to their own good liking, to borrow or
mon feal, &c.
not exceeding
take up money upon any contracts, bonds, bills or obligations.
the fum due under their common feal for carrying on their trade, or for lend-
from the pub- ing or advancing money by way of bottomry, as is herein after
lick to them. prefcribed, fo as by the monies already borrowed by them, and
by the monies which they fhall hereafter borrow purſuant to
this act, the whole fum which they fhall owe at any one time.
do not exceed the fum due at that time from the publick to the
faid company, or the fum of five millions of pounds ſterling in
the whole.
Eaft-India
not borrow
money on cre-
dit of their
nor for a
greater fum
than fhall be
employed in
their trade,&c.
XXXIII. And it is hereby provided and enacted by the au-
company may thority aforefaid, That it fhall not be lawful to or for the fame
united company, or their fucceffors, to borrow, owe or give fé-
curity for any fum or fums of money, on credit of their capital
capital ftock, ſtock or yearly fund, or upon any increaſe thereof to be made in
purſuance of this act, or any part thereof; and that it ſhall not
be lawful to or for the fame united company, or their fucceffors,
to borrow, owe or give fecurity for any other or greater ſum or
fums of money, than fuch as fhall be really and bona fide ex-
pended and laid out in and for the buying of goods, bullion or
commodities to be exported for the proper account of the fame
company, or fhall be otherwiſe employed in their trade, or ſhall
be really and bona fide advanced or lent on the bottom of any
ſhip or veffel, fhips or veffels, or on goods or merchandizes on
board any ſhip or veffel, fhips or veffels, of the fame united com-
pany, or that is, are or fhall be employed in the fervice of the
fame united company, to any captains or commanders, agent,
failors, fervants or other perfon or perſons, which ſhall at any
time or times be employed in the fervice of the fame united com-
pany; all which fum or fums of money fo to be borrowed for
the purpoſes aforefaid, or any of them, fhall be borrowed only
on their common feal, and fhall not be made payable or be
bona fide agreed to be paid on demand, or at any time lefs than
fix months from the time of borrowing thereof; and that it
ſhall not be lawful for the faid united company of merchants of
or keep cath England trading to the Eaft-Indies, or their fucceffors, to diſcount
any bills of exchange, or other bills or notes whatſoever, or to
keep any books or cafh of or for any perfon or perfons, bodies
politick or corporate whatſoever, other than only the proper mo-
nies and cafh of the fame united company; any thing in this
act contained to the contrary notwithſtanding.
and may not
diſcount bills,
for others.
XXXIV. And whereas in and by the faid act of the fixth year
6 Geo. 1. c. 4. of his Majesty's reign it was enacted, That the Said corporation of
the governor and company of merchants of Great Britain, commonly
called the South-Sea company, fhould pay into the receipt of his Majefty's
exche-
1720.]
309
Anno feptimo GEORGII I. ftat.1. C. 5.
exchequer the fum of four millions one hundred fifty fix thousand three
hundred and fix pounds four fhillings and eleven pence, by fſuch pro-
portions and at fuch times as are thereby appointed for the payment
thereof, and fuch further fums to be computed after the rate of four
years and an half's purchafe, and fuch further fums to be computed
after the rate of one year's purchase, as are therein mentioned, by quar-
terly payments at fuch feaft-days as were thereby limited for the pay-
ment thereof; and in cafe any failure in payment should be made of
the ſaid ſum of four millions one hundred fifty fix thouſand three
hundred and fix pounds four fillings and eleven pence, or of the faid
fums to be paid after the rate of four years and an half's purchaſe, or
after the rate of one year's purchaſe, or any of them, or any part
thereof, a remedy is by the faid act provided for recovery of the money,
whereof fuch failure in payment should be made, with damages after
the rate of five pounds per centum per annum, and the fame cor-
poration, and their ſtock and fund, were thereby made ſubject and
liable thereunto: and it was thereby provided, enacted and declared,
That the faid fum of four millions one hundred fifty fix thousand three
hundred and fix pounds four fhillings and eleven pence, and the faid
Several fums to be paid after the faid rates of four years and an half's
purchafe, and one year's purchaſe, and every of them, and every part
thereof, as fast as the fame should be paid into the fame receipt,
Should be applied in manner following, (that is to fay) That out of the
first monies arifing of or for the faid feveral fums fo to be paid into
the faid receipt, every or any of them, ſuch publick debts and incum-
brances, carrying intereft or annuities after the rate of five pounds per
centum per annum, or more, incurred before the twenty fifth
of December one thouſand ſeven hundred and fixteen, founded up-
on any former act or acts of parliament in that behalf (not being
part of the capital flock or fund of the faid South-Sea company) as
were then redeemable, or might be redeemed at any time or times on or
before the twenty fifth of December one thousand feven hundred
and twenty two, fhould be redeemed and paid off in the first place;
and that after the fame should be redeemed and paid off, or money
fufficient ſhould be referved in the exchequer for redeeming and pay-
ing off the fame, according to the true meaning of that act, then all
the reft, refidue and remainder of the faid fum of four millions one
hundred fifty fix thouſand three hundred and fix pounds four fhil-
lings and eleven pence, and of the faid fums to be computed after the
faid feveral rates of four years and an half's purchaſe, and one year's
purchafe, and of every of them, and of every part thereof, and as
the fame refidues and remainders, from time to time, fhould grow
due from the faid South-Sea company, and as the fame should or
ought to be paid into the faid receipt of exchequer, fhould be applied
for or towards paying off so much of the capital ſtock and increaſed
capital ftock of the fame South-Sea company, as should then carry
annuities after the rate of five pounds per centum per annum; and
that upon every fuch payment or referving money as aforefaid, to make
fuch payment to the jaid South-Sea company, a proportional part of
their annuities or yearly fund, or of their annuities or yearly fund to
be increaſed by that act, for which that rate is or should be payable,
Should
X 3
310
[1720,
Anno feptimo GEORGII I. ftat. 1. C. 5.
South-Sea
company to
pay into the
ther fums to
be computed
at 4 years and
an half's pur-
chaſe, and I
year's pur-
chaſe.
ment.
Should ceafe and determine, as by the fame act (relation being there-
unto had) may more fully appear: now it is by this preſent act
provided, declared and enacted by the authority aforefaid, That
the faid corporation of the South-Sea company fhall pay, and
exchequer
4,156,3061. 4s. be obliged, by force and virtue of this act (as well before as af-
d. and fur- ter the making any affignment or affignments, in purſuance of
this act, to the faid governor and company of the bank of Eng-
land, and the faid Eaft-India company, or either of them) to pay
into the receipt of his Majefty's exchequer the ſaid ſum of four
millions one hundred fifty fix thouſand three hundred and fix
pounds four fhillings and eleven pence, and the ſaid ſums after
Difcharged by
the rates of four years and an half's purchaſe, and one year's
7 Geo. 1.ftat.2. purchaſe; and that the fame fhall be payable by fuch propor-
9 Geo. 1. c. 6. tions, and at or by fuch refpective days or times of payment, as
in and by this preſent act are limited and appointed for the pay-
Times of pay- ment thereof, and not otherwife; that is to fay, one full and
equal fourth part of the reſpective fums fo payable fhall be paid
on or before the feaft of the annunciation of the Bleffed Virgin
Mary which ſhall be in the year of our Lord one thouſand ſeven
hundred and twenty two; one other full and equal fourth part
thereof on or before the feaſt of the nativity of Saint John Bap-
tift which fhall be in the year of our Lord one thouſand ſeven
hundred and twenty two; one other full and equal fourth part
thereof on or before the feaft of Saint Michael the Archangel
which ſhall be in the year of our Lord one thouſand ſeven hundred
and twenty two; and the remaining full and equal fourth part
of the faid refpective fums fo payable on or before the feaſt of
the birth of our Lord Chrift which fhall be in the faid year of
our Lord one thouſand ſeven hundred and twenty two; in full
payment and fatisfaction as well of the faid fum of four millions
one hundred fifty fix thouſand three hundred and fix pounds
four fhillings and eleven pence, as of the ſaid ſeveral ſums to
be paid after the faid rates of four years and an half's purchaſe,
Andtheirſtock and one year's purchaſe reſpectively; and that the faid South-Sea
and funds are company, and their ſtock and funds (except fuch part thereof as
made liable to fhall be affigned to the faid governor and company of the bank
the payment. of England and East-India company, or either of them, purſuant
to this act) are and fhall be fubject and liable to the payment of
the ſaid ſeveral fums at or before the faid refpective days and
times by this act appointed for the payment thereof, without
any deduction, defalcation or abatement whatfoever; any thing
in the faid former act contained to the contrary notwithſtanding.
XXXV. And be it further enacted by the authority aforefaid,
On default of That in cafe default ſhall be made by the faid South-Sea com-
payment the
exchequer
pany in the payment of all or any part or parcel, parts or par-
may ſtop their cels of the faid feveral fums of four millions one hundred fifty
weekly pay fix thouſand three hundred and fix pounds four fhillings and ele-
ments, &c.
ven pence, and of the faid fums to be paid after the rate of four
years and an half's purchafe and one year's purchaſe, or any of
them, at the refpective days or times by this act limited for the
payment thereof; then the commiffioners of the treafury, or any
:)
three
}
1720,] Anno feptimo GEORGII I. ftat. 1. c. 5.
311
three or more of them, or the high treaſurer for the time being,
or the officers of the exchequer for the time being, fhall, and
they reſpectively are hereby authorized, enjoined and required
to cauſe the money whereof fuch default in payment ſhall be
made, with intereft for the fame, after the rate of five pounds
per centum per annum (fuch intereft to be computed upon the
monies whereof fuch failure in payment ſhall be made, from the
reſpective days and times on which the fame ought to have been
fo paid, until fatisfaction of the principal) to be ftopt out of the
monies which, weekly or otherwife, fhall be payable to the ſaid
corporation of the South-Sea company at the exchequer for or
upon their annuities or yearly funds (except fuch parts thereof
as ſhall be aſſigned or transferred to the faid other corporations,
or either of them, as aforefaid) and to cauſe the principal and
intereft fo ftopt to be applied as is herein after directed in that
behalf.
XXXVI. And be it further enacted by the authority afore- How the mo-
faid, That all the monies to be paid into the exchequer, as a- nies to be paid
forefaid, by the faid South-Sea company, or to be ſtopt, as afore- into the ex-
faid, of or for the faid fum of four millions one hundred fifty fix
chequer ſhall
be applied.
thouſand three hundred and fix pounds, four fhillings and eleven
pence, and the ſaid ſeveral fums to be computed after the ſaid
reſpective rates of four years and an half's purchaſe and one
year's purchaſe, or for intereft of the fame, or any part thereof,
and every of them, and every part thereof, as fast as the fame
fhall be paid into the fame receipt, purſuant to this act, fhall be
applied in manner following, (that is to fay) That out of the firſt
monies arifing of or for the ſaid ſeveral fums fo to be paid or
ſtopt, every or any of them, fuch publick debts and incumbranc
es, carrying intereft or annuities after the rate of five pounds per
centum per annum, or more, incurred before the twenty fifth day
of December one thouſand ſeven hundred and fixteen, founded
upon any former act or acts of parliament in that behalf (not
being part of the capital ſtock or fund of the ſaid South-Sea com-
pany, or by them to be affigned or transferred, as aforefaid) as
were redeemable on the faid twenty fifth of December one
thouſand ſeven hundred and fixteen, or might be redeemed at
any time or times, on or before the twenty fifth of Decem-
ber one thouſand ſeven hundred twenty two, fhall be redeemed
and paid off in the first place; and that after the fame fhall be
redeemed and paid off, or money fufficient fhall be reſerved in
the exchequer for redeeming and paying off the fame, according
to the true meaning of this act, then all the reft, refidue and re-
mainder of the faid fum of four millions one hundred fifty fix
thouſand three hundred and fix pounds four fhillings and eleven
pence, and of the faid fums to be computed after the ſaid ſeveral
rates of four years and an half's purchaſe and one year's purchaſe,
and of the monies payable for intereft, as aforefaid, and of every
of them, and of every part thereof, as the fame refidues and
remainders, from time to time, fhall grow due from the faid
South-Sea company, and as the fame ſhall or ought to be paid
X 4
into
:
312
Anno feptimo GEORGII I. ftat. 1. C.5. [1720.
payment a
proportional
part of the
annuities fhall
ceale.
into the faid receipt of exchequer, fhall from time to time be
applied (ſo far as the fame from time to time will extend) to-
wards paying off and diſcharging fo much and fuch parts of the
capital ftock which fhall then belong to the faid South-Sea com-
pany, and to the faid governor and company of the bank of Eng-
land, and to the faid Eaft-India company, and every or any of
them refpectively, as by the tenor and true meaning of this and
the ſaid former act were to carry annuities payable at the exche-
quer after the rate of five pounds per centum per annum, till the
twenty fourth day of June one thouſand feven hundred and
twenty feven, and afterwards at the rate of four pounds per cen-
tum per annum, till redemption by parliament, and towards pay-
ing off and redeeming fo much of the fame annuities which ſhall
then be payable at the exchequer in refpect of the capital ftock
which fhall be fo paid off and difcharged; which application of
the monies laſt mentioned ſhall be made in proportion to the
reſpective quantities of capital ſtock, which in purſuance of
this or the faid former acts ſhall then appear to belong to the faid
South-Sea company, and to the faid bank of England, and to the
faid Eaft-India company, and every of them refpectively, and not
otherwife; and the commiffioners of the treaſury, or any three
or more of them, and the high treaſurer for the time being, are
hereby directed and authorized to cauſe all the monies ariſing of
or for the faid fum of four millions one hundred fifty fix thou-
fand three hundred and fix pounds four fhillings and eleven pence,
and the faid fums to be paid after the ſaid rates of four
an half's purchaſe, and one year's purchaſe, and of or for ſuch
years and
intereft, as aforefaid, and every of them, and every part there-
of, to be applied in the manner and form by this preſent act pre-
fcribed touching or concerning the fame, and not otherwiſe.
XXXVII. And it is hereby enacted, That upon every fuch
On every fuch payment, or referving fuch money in the exchequer to make
fuch payment to the ſaid South- Sea company, and to the faid
governor and company of the bank of England, and the faid East-
India company, every or any of them refpectively, a proportional
part of the annuities or yearly funds then belonging to them, and
every or any of them reſpectively, for which the faid rate of five
pounds per centum per annum is payable, as aforefaid, and for
which fo much of their capital flock fhall be paid off, or for
which money ſhall be ſo reſerved, from time to time, ſhall ceaſe
and determine; any thing in this or any former act or acts of
parliament contained, or other matter or thing whatſoever to the
contrary notwithſtanding.
6 Geo. I. c. 4.
XXXVIII. And whereas by virtue of the aforefaid act of the
Recital of the fixth year of his Majefty's reign, certain bills, commonly called exche-
acts about ex- quer-bills, then ſtanding out, which were therein estimated to amount
chequer-bills
of the fixth of to eight hundred ninety fix thousand fix hundred fixty two pounds and
King George, ten fillings, or thereabouts, in principal money, were appointed to be
called or brought in, and to be changed for new bills, to be made forth
in the method which was thereby preferibed, and in purſuance of the
fame act feveral new bills have been made forth for feveral fums of
money,
1720.]
313
Anno feptimo GEORGII I. ftat. 1. C. 5,
J
money, whereof the principal hath not exceeded the faid fum of eight
hundred ninety fix thousand fix hundred fixty two pounds and ten
fhillings, adding thereunto the intereft that was due upon the old bills,
as by the faid act was directed; and by the fame act the ſaid South-
Sea company, and their fucceffors, or their court of directors on their
behalf, were enjoined, during the term of ſeven years, reckoned from
the feast of the nativity of Saint John Baptiſt one thouſand ſeven
hundred and twenty, to furnish ready money for exchanging and cir-
culating the new exchequer-bills which ſhould be made forth by virtue
of that act; and in cafe any other act should be made for making forth
any further fum or fums in exchequer-bills to be current at any time or
times within or during the faid term of feven years, as is therein
mentioned, then the faid South-Sea company, and their fucceffors,
were by the faid first mentioned act (in part before recited) enjoined
and required (during fo much of the faid term of feven years as the
bills to be made forth by fuch other act should have a joint currency
with the bills to be made forth by the faid first mentioned act) to fur-
nish a proportional part or parts of fuch ready money as ſhould be fuf-
ficient for exchanging and circulating all the bills fo current, which
proportional parts were to be ascertained and determined as by the
fame act is prefcribed. And whereas by virtue of another act of the
fixth year of his Majesty's reign, intituled, An act for making 6 Geo. 1. c. 10.
forth new exchequer-bills, not exceeding one million, at a cer-
tain intereſt, and for lending the fame to the South-Sea company
at an higher intereft, upon fecurity of repaying the fame and
fuch high intereft into the exchequer, for ufes to which the fund
for leffening the publick debts, called the finking fund, is ap-
plicable, and for circulating and exchanging upon demand, the
faid bills at or near the exchequer, feveral other new exchequer-
bills, amounting to one million in principal monies, were made forth
for the purpofe in that act mentioned; and by the fame last mentioned
act the commiffioners of the treasury, or any three or more of them,
or the high treaſurer for the time being, are enjoined and required (fo
long as the exchequer-bills, made forth by virtue of that act, ſhould
have a joint currency, or be current at the fame times with the bills
to be made forth by virtue of the faid first mentioned aɛt) to furniſh
out of the monies of the fund or fecurity herein after mentioned, or
out of loans to be made thereupon, a proportional part of the ready
money which should be fufficient for exchanging and circulating all
the bills which should be jointly current; which proportional part fo
to be furnished on behalf of the publick, was thereby prefcribed to be
fo much as, together with a proportional part, which, from time to
time, fhould or ought to be furnished by the faid South-Sea com-
pany, ſhould be fufficient to fupport the currency of all the faid bills;
and by the act last mentioned, the fum of three hundred twenty eight
thouſand fix hundred feventy three pounds four billings and ten pence
halfpenny, then remaining in the exchequer, and in the fame act par-
ticularly fpecified, and the monies which (from and after the applica-
tion of a certain fum of five hundred and twenty thousand pounds
therein alfo particularly specified) fhould arise of or for the fur-
pluſſes, exceſſes and overpluffes, commonly called the finking fund, there-
in
314
C.5Anno feptimo GEORGII I. ftat. 1. C. 5.
.
[1720.
in alſo mentioned, are declared and enacted to be a fund or fecurity
for furnishing fuch proportions of ready money as are laft before men-
tioned for or towards exchanging and circulating all the faid exchequer
bills, during their joint currency. And whereas in and by the act laft
in part before recited, the commiffioners of his Majesty's treaſury were
impowered to iſſue or caufe to be issued by way of loan or advance the
faid bills not exceeding one million to the South-Sea company, the fame
corporation giving fecurity upon their annuity or yearly fund for re-
payment of the principal fum fo lent, with intereft, within fuch time
as by that act was limited; and the commiffioners of the treasury, and
bigh treaſurer for the time being, are by that act directed and required
to take efpecial care that upon repayment of the principal monies fo to
be lent, the fame, with the intereft or increafe accruing thereupon,
fhould be received aud applied in the first place to the paying off and
difcharging the faid exchequer-bills for one million; and that the fur-
plus thereof, after paying off and diſcharging the fame bills, ſhould
"be placed at the receipt of exchequer, to and for the fame uſes to which
the monies of the furpluffes, exceffes and overpluffes, commonly called
the finking fund, are applicable; and that the faid South-Sea com-
pany shall make just account of the principal ſo borrowed, and the
intereft and increafe thereof, and of the repayment of the fame prin-
tipal, with the faid intereft or increase thereof, into the exchequer in
manner, as aforefaid; and in default of paying the ſaid monies, with
the faid intereft or increase thereof, then the commiffioners of the trea-
fury, or any three or more of them, or the high treaſurer for the time
being, were thereby authorized and required to cauſe the monies fo lent
to be stopt out of the monies which weekly or otherwife fhould be pay-
able to the South-Sea company at the exchequer, for or upon their an-
nuities or yearly fund, together with fo much more as the intereft of
the faid monies fo unpaid fhall amount unto, and to caufe the principal
and intereft fo flopt, to be applied and placed in the exchequer, as a-
forefaid; as by the faid feveral acts (herein before in part recited)
relation being thereunto feverally had, doth more fully appear. And
whereas the faid fum of five hundred and twenty thousand pounds,
fince the making of the act last before in part recited, is compleatly
Satisfied, or fufficient money is referved in the exchequer for that pur-
pofe, and purſuant to the fame act, the faid exchequer-bills amount-
ing to one million, were on the ſeventh day of June one thouſand ſeven
bundred and twenty (as by a certificate figned by the auditor of the
receipt of the exchequer doth appear) iſſued by way of loan or advance
to the faid South-Sea company, upon a fecurity under their common
feal by an inftrument or writing, bearing date the fourth day of June
one thousand feven hundred and twenty, for repayment of the fame in
good and lawful money of Great Britain into the exchequer at Weft-
minfter at the end of one year, to be reckoned from the time of iſſuing
the faid bills, with intereft after the rate of four pounds per centum
per annum, as by the fame inftrument or writing, relation being
thereunto had, may alſo appear : "now to the end that all the exche-
quer-bills for the faid ſum of one million, and the intereft there-
of, may effectually be diſcharged out of the monies to be repaid
by the fame company, with the intereft thereof as aforefaid, at or
before
1720.] Anno feptimo GEORGII I. ftat. 1. c. 5.
315
before the time herein after limited in that behalf, whereby the
joint currency may ceaſe, and the publick may be eaſed of the
burthen and charge of contributing thereunto; and to the end
the faid exceffes, furpluffes and overplus monies, called the fink-
ing fund, and other the publick monies aforefaid, after their
being freed from the incumbrance of the exchequer-bills laft
mentioned, may be at liberty to be applied towards leffening or
reducing the publick debts and incumbrances, according to the
true intent and meaning of this prefent act; it is hereby provid-
ed, enacted and declared by the authority aforefaid, That the
faid corporation, called the South-Sea company, or their fuccef- South-Sea
fors, at their own coſts and charges, on or before the feventh company ſhall
day of June which ſhall be in the year of our Lord one thouſand repay into the
ſeven hundred twenty two (although any affignment or affign-7 June 1722.
ments before that time fhall or fhall not have been made to the 1000,000 1.
faid other companies, or either of them, in purfuance of this with intereft,
act, as aforefaid) fhall well and truly repay or cauſe to be re-
paid into the ſaid receipt of exchequer the faid fum of one mil-
lion, together with intereſt then due for the fame; and that up-
on ſuch repayment the monies fo repaid, with the intereſt or in-
creaſe accruing thereupon, fhall be applied in the first place to to be applied
the paying off and diſcharging the faid exchequer-bills amount- to paying off
ing to one million, with fuch intereft as fhall be due thereupon; the exchequer
and that the furplus thereof, after paying off and difcharging the bills, &c.
bills laft mentioned, fhall be placed and applied to the fame ufes
to which the monies of the ſaid finking fund are to be applied;
and that an account of the monies fo borrowed and repaid, and
of the intereft thereof, fhall be made, as by the faid former act
was preſcribed; and in default of repaying the ſaid ſum of one
million, with the intereft or increaſe thereof, according to this
act, then the annuity and annuities which ſhall be then payable In default
at the receipt of the exchequer to the faid South-Sea company (ex- their annui-
ties may be
cept ſo much thereof as in the mean time ſhall or may have been
affigned or transferred to the faid other companies, or either of
them, as aforefaid) fhall and may be ftopt by the commiffioners
of the treaſury, or any three of them, or by the high treaſurer
for the time being, or by the officers of the exchequer for the
time being; and the faid exchequer-bills amounting to one mil-
lion fhall and may be called in and cancelled by and with the mo-
nies fo ftopt, in the manner prefcribed by the faid former act in
that behalf.
ftopt.
XXXIX. And be it further enacted by the authority afore- After dif-
faid, That after difcharging the ſaid exchequer-bills amounting charging
to one million, with all the intereft which fhall be due there- thoſe bills, &c,
upon, and after paying off fuch publick debts and incumbrances
carrying intereft or annuities after the rate of five pounds per
centum per annum, or any higher intereft or annuity founded up-
on any former act or acts of parliament in that behalf, as may
be redeemed before the faid feaſt of the nativity of Saint John
Baptift one thouſand ſeven hundred and twenty ſeven, or referv-
ing money fufficient in the exchequer for thofe purpoſes; then
6
all
316
Anno feptimo GEORGII I. ftat. 1. C. 5. [1720.
&c. fhall be
of the three
companies,
&c.
Then all the all the monies of the faid fum of three hundred twenty eight
finking fund, thouſand fix hundred ſeventy three pounds four fhillings and ten
applied to- pence halfpenny, and of the faid furpluffes, exceffes and over-
wards paying plus monies, commonly called the finking fund, which then
off part of the fhall or ought to remain in the receipt of the exchequer, and all
capital stock the faid overplus (if any be) of the faid intereſt-monies, which
ſhall be paid by the faid South-Sea company for the faid million
lent as aforefaid, fhall immediately, or as foon as the monies then
refting of the ſaid finking fund can be computed, fhall be ap-
plied (fo far as the fame will extend) towards paying off and
diſcharging fo much and ſuch parts of the capital ſtock, which
fhall then belong to the faid South-Sea company, and to the faid
governor and company of the bank of England, and to the faid.
East-India company, and to every or any of them reſpectively,
as by the tenor and true meaning of this and the faid former act
in that behalf are to carry annuities payable at the exchequer,
after the rate of five pounds per centum per annum, till the twen-
fourth of June one thouſand ſeven hundred and twenty-feven,
and afterwards at the rate of four pounds per centum per annum,
till redemption by parliament, and towards paying off and re-
deeming fo much of the fame annuities which fhall then be pay-
able at the exchequer, in refpect of the capital ſtock which fhall
be fo paid off and diſcharged; which application of the monies
laſt mentioned fhall be made in proportion to the reſpective
quantities of capital ſtock, which in purſuance of this and the
faid former acts shall then appear to belong to the faid South-Sea
company, and to the faid bank of England, and to the faid Eaft-
India company, and every of them refpectively, and not other-
wife.
All the monies
fund before
100,000!. for
diſcharging
part of the
capital ftock
of the faid
companies,
XL. And it is hereby further enacted by the authority afore-
of the finking faid, That all the monies of the faid furpluffes, exceffes and
24 June 1720, overplus monies, commonly called the finking fund, which af-
fhall be appli- ter the application of fo much thereof as is in and by this act be-
ed by even
fore directed to be applied or reſerved as aforefaid, ſhall ariſe and
fums of
be brought into the exchequer, at any time or times before the faid
feaſt of the nativity of Saint John the Baptift which ſhall be in the
year of our Lord one thouſand ſeven hundred and twenty ſeven,
fhall and may be applied, at the end of every year, fo far as the fame
will from time to time extend, by even fums of one hundred
thousand pounds at a time, for or towards paying off and dif-
charging part of the faid capital ftocks of the faid South-Sea com-
pany, and of the bank of England, and of the faid East-India
company reſpectively, in proportion to the reſpective quantities
of the faid ftock which shall then belong to thoſe corporations
respectively; and upon every payment to be made in purſuance
and thereup of this act to the faid South-Sea company, and to the governor and
on a propor- company of the bank of England, and to the faid Eaf- India
tional part of
their annuities Company, and every or any of them refpectively, of any part of
their faid capital ſtock, a proportional part of their annuities or
yearly funds, payable at the faid rate of five pounds per centum
per annum, for fo much of the ſaid capital ftock as ſhall be ſo
fhali ceafe.
paid
i
317
1720.] Anno feptimo GEORGII I. ftat. 1. c.6.
paid off from time to time, fhall ceafe and determine: and the
faid commiffioners of the treafury, or any three of them, and the
high treaſurer for the time being, are hereby directed and autho-
rized to cauſe the monies of the faid fum of three hundred twen-
ty eight thouſand fix hundred ſeventy three pounds four fhillings
and ten pence halfpenny, and of the ſaid ſurpluffes, exceffes and
overpluffes, called the finking fund, and the faid overplus of the
faid intereſt-monies, to be applied for or towards paying off the
faid publick debts and incumbrances, and for or towards paying
off the faid capital ſtock of the faid South-Sea company, and (in
caſe of ſuch affignment or affignments as aforefaid) of the faid
capital ſtock of the faid other companies, and reducing a propor-
tional part of their annuities or yearly funds, as this act directs;
any former law or ſtatute, or any other matter or thing what-
foever, to the contrary notwithſtanding.
the exche-
quer-bills.
XLI. Provided always, and it is hereby enacted, That if at Provifo for
any time or times hereafter provifion fhall be made by authori- paying off and
ty of parliament, in the lawful coins of this realm, placed in the difcharging
exchequer, for paying off and diſcharging the faid exchequer-
bills for the faid fum of one million, the bills themſelves which
ſhall be ſo paid off, or for which fuch coined monies fhall be re-
ferved in the exchequer, as is preſcribed in the act (laft in part 6 Geo.1. C.IO.
before recited) fhall be difcharged therewith and cancelled, as is
thereby directed: and if before the firſt day of March one thou-
ſand ſeven hundred and twenty one, or before the end of the ſeſ-
fion of parliament then next enfuing, coined monies ſhall not be
raiſed and brought into the exchequer for difcharging the bills
laft mentioned; then all or any of the monies which fhall then
remain in the exchequer, of the faid fum of three hundred twen-
ty eight thouſand fix hundred ſeventy three pounds four fhillings
and ten pence halfpenny (if any fuch be) and all the monies
which from and after fuch feffion of parliament ſhall quarterly
arife of or for the ſaid ſurpluffes and overplus monies, called the
finking fund, or otherwiſe, as is mentioned in the act laſt in
part before recited, fhall be applied for or towards diſcharging
the faid exchequer-bills amounting to one million, till they fhall
be all compleatly paid off and cancelled in the manner and form
by the fame act prefcribed and intended; this prefent act, or any
thing therein contained to the contrary notwithſtanding.
CAP. VI.
An act for punishing mutiny and deſertion, and for the better payment of
the army and their quarters. EXP.
CAP.
}
318
[1720.
Anno feptimo GEORGII I. ftat.1. C. 7
After 25
1722, none
fhall wear in
$
1. to the in-
former, on
CAP. VII.
An act to preſerve and encourage the woollen and filk manu-
faltures of this kingdom, and for more effectual employing
the poor, by prohibiting the ufe and wear of all printed,
painted, stained or dyed callicoes in apparel, houfhold stuff,
furniture, or otherwife, after the twenty fifth day of De-
cember one thousand feven hundred and twenty two (ex-
cept as therein is excepted).
W
HEREAS it is most evident, That the wearing and uſing
of printed, painted, ſtained and dyed callicoes in apparel,
houshold stuff, furniture, and otherwife, does manifeftly tend to the
great detriment of the woollen and filk manufactures of this kingdom,
and to the exceffive increase of the poor, and if not effectually prevent-
ed, may be the utter ruin and deftruction of the faid manufactures,
and of many thousands of your Majefty's fubjects and their families,
whofe livelihoods do intirely depend thereupon: for remedy thereof, may
it pleaſe your moft excellent Majefty, 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 au-
Dec. thority of the fame, That from and after the twenty fifth day of
December which fhall be in the year of our Lord one thoufand
Great Britain feven hundred and twenty two, it fhall not be lawful for any
any garment perfon or perfons whatſoever to ufe or wear in Great Britain, in
of printed, &c. any garment or apparel whatfoever, any printed, painted, ftain-
callico, under ed or dyed callico, under the penalty of forfeiting to the infor-
the penalty of mer the fum of five pounds of lawful money of Great Britain for
every fuch offence, being lawfully convicted thereof by the oath
conviction be- or oaths of one or more credible witneſs or witneffes before any
fore a juſtice, one or more juſtice or juftices of the peace; which juftice or ju-
and complaint ftices is and are hereby refpectively authorized and ftrictly en-
days after of joined and required, upon any complaint or information upon
oath exhibited or brought of any fuch offence committed, con-
trary to this act, within fix days after commitment thereof, to
fummon the party accufed, and upon his or her appearance or
contempt to proceed to examination of the matter of fact, and
upon due proof made thereof, either by voluntary confeffion of
the party, or by the oath or oaths of one or more credible wit-
nefs or witneffes (which oath or oaths the faid juftice or juftices
is and are hereby refpectively impowered and required to adini-
nifter) to hear and determine the fame, and upon fuch convic-
tion to cauſe the ſaid penalty, by warrant under his or their hand
and feal, or hands and feals refpectively, to be levied by diftrefs
and fale of the offender's goods and chattels, rendring to the
party the overplus (the charge of ſuch diſtreſs and fale being firſt
deducted;) nevertheleſs it fhall be lawful for any party aggriev-
Appeal to fef. ed to appeal to the juftices of the peace at the next general quar-
fions, whofe ter-feffions to be holden for the county, city, riding or place.
judgment fhall where the faid offence or offences fhall have been committed,
be final.
within fix
fence com-
mitted.
giving
1720.]
319
Anno feptimo GEORGII I. ftat.1. Ċ.7.
giving fix days notice at the leaſt of ſuch appeal to the profe-
cutor or profecutors; which juftices at fuch general quarter-
feffions are hereby authorized and impowered to hear and deter-
mine the fame, and their judgment therein ſhall be final.
feit 201.
II. And be it further enacted by the authority aforefaid, That After the faid
if any mercer, draper, upholder, or any other perſon or perſons 25 Dec. mer-
or corporation whatſoever, fhall at any time or times after the cer, &c. fell-
faid twenty fifth day of December one thouſand ſeven hundred ing any print-
ed, &c. callico,
and twenty two, fell, utter or expofe to fale any printed, painted, or any bed,
ſtained or dyed callico, or any bed, chair, cufhion, window- &c. made
curtain or other houshold ſtuff or furniture whatſoever, made up thereof, unleſs
of or mixed with any printed, painted, ftained or dyed callico, for exporta-
unleſs for exportation thereof, and unleſs the fame fhall be clear- tion, ſhall for-
ed outwards accordingly, as is ufual in cafe of fale for exporta-
tion, every ſuch perſon or corporation fo offending ſhall for eve-
ry offence, being lawfully convicted thereof, forfeit and pay the
fum of twenty pounds of lawful money of Great Britain, to be
recovered as is herein after directed; and every ſteward or other
officer of ſuch corporation, or his deputy, offending herein, and and officer of
being lawfully convicted of fuch offence, fhall, over and befides a corporation
the forfeiture or penalty aforefaid, forfeit and lofe his office and offending ſhall
employment and be incapable to hold the fame.
moreover lofe.
his office.
III. And be it further enacted by the authority aforefaid, No fuch calli-
That from and after the ſaid twenty fifth day of December one co to be uſed
thouſand ſeven hundred and twenty two, it ſhall not be lawful in any bed,
for any perfon or perfons to uſe or wear in Great Britain, in or chair, &c. on
about any bed, chair, cufhion, window-curtain or any other pain of 201.
fort of houshold ſtuff or furniture, any printed, painted, ſtain-
ed or dyed callico (except as herein after is excepted) under the
penalty of forfeiting (being thereof lawfully convicted) the fum
of twenty pounds of lawful money of Great Britain, to be reco-
vered as herein after is directed.
and recover-
IV. And be it further enacted by the authority aforefaid, How the for-
That one moiety of all pecuniary penalties and forfeitures im- feitures fhall
poſed by this act, where the fame fhall exceed five pounds, fhall be applied
be to the informer or profecutor, and the other moiety to the ed.
poor of the parish or place where the offence ſhall be committed;
and fuch penalties as are not herein directed to be otherwiſe re-
covered, ſhall be recovered by action of debt, bill, plaint or in-
formation in any of his Majefty's courts of record at Westminster,
for offences committed in England, Wales or Berwick upon Tweed,
or in his Majeſty's court of feffion, court of jufticiary, or court
of exchequer in Scotland, for offences committed in that part of
Great Britain, together with full coſts of fuit, by any perſon or
perfons who ſhall fue for the fame within fix calendar months
next after the offence committed; and that in any ſuch action
or fuit no effoin, protection, privilege or wager of law ſhall be
allowed, nor any more than one imparlance.
V. And be it enacted by the authority aforefaid, That if it Perfons con-
ſhall appear, that any perfon convicted of any offence againſt this victed may be
act ſhall be ſheltered or protected, or doth or ſhall reſide or in- taken out of
habit any pretended
:
320
[1720:
Anno feptimo GEORGII I. ftat. 1. c. 7.
any of the
privilege place habit in any pretended privilege place whatſoever, every ſuch of-
by warrant of fender ſhall and may be taken from thence by warrant under
judges in Eng- the hand and ſeal of any of his Majeſty's juſtices of the court of
land, or of the King's bench, common pleas or barons of the exchequer, in
lords of feffion, England, Wales or Berwick upon Tweed, or by warrant under the
&c. in Scot- hand and feal of any of the lords of feffion, judges of the court
land, and
of jufticiary or barons of the exchequer, in Scotland; and fhall
common gaol be by any fuch juftice, lord of feffion, judge or baron commit-
till payment of ted to the common gaol of the county or place where the offence
was committed, there to remain without bail or mainprize,
till payment and fatisfaction of all penalties and forfeitures im-
pofed by this act, with full coſts.
committed to
the forfei-
tures.
Not to extend
to callicoes
made up in
any bed, &c.
before Dec.25,
1722.
Nor to repeal,
&c. any law
for prohibit-
ing callicoes
printed in fo-
reign parts.
Exporters of
callicoes be-
fore the faid
25 Dec. en-
titled to the
fame allow-
ances as if ex-
ported in 12
months after
VI. Provided always, and it is hereby further enacted by the
authority aforesaid, That this act, or any thing therein contain-
ed, fhall not extend or be conſtrued to extend in any wife to
any callicoes which have already been, or which before the faid
twenty fifth day of December one thouſand ſeven hundred and
twenty two ſhall be made up or uſed in any bed, chair, cuſhion,
window-curtain or other fort of houshold ſtuff or furniture: pro-
vided the fame be continued to be worn and uſed in ſuch houf-
hold stuff or furniture, and not otherwife.
VII. Provided alfo, That nothing in this act contained ſhall
extend or be conftrued to extend to repeal, make void or alter
any law now in force for prohibiting callicoes printed, painted,
dyed or ftained in foreign parts, or for prohibiting any other
goods or manufactures whatfoever.
VIII. Provided alſo, and be it enacted and declared by the
authority aforefaid, That all perfons and bodies corporate who
fhall, on or before the faid twenty fifth day of December one
thouſand ſeven hundred and twenty two, export any callicoes,
fhall be entitled to and have fuch and the fame allowances and
advantages upon the exportation thereof, as fully as if the fame
had been exported within twelve months after the importation.
thereof; any law, ufage or cuſtom to the contrary notwith-
importation. ftanding.
IX. And be it further enacted by the authority aforefaid, That
if any perſon or perſons ſhall be ſued or profecuted for any thing
done or to be done, in purſuance of this act, fuch perfon or per-
General iſſue. fons may plead the general iffue, and give this act and the fpe-
cial matter in evidence; and if the plaintiff or plaintiffs, profe-
cutor or profecutors, fhall become nonfuit, or forbear profecu-
tion, or ſuffer difcontinuance; or if a verdict paſs againſt him,
Treble cofts. her or them, the defendant or defendants fhall have treble coſts,
and ſhall have the like remedy for the fame, as in any cafe where
cofts are by law given to defendants.
The like pe-
X. And be it further enacted by the authority aforefaid, That
nalties for
the prohibition of callicoes intended by this act, and the penal-
wearing or
ufing in appa-
ties thereby inflicted for wearing or ufing printed, painted, ftain-
rel or houthold ed or dyed callico in apparel, houfhold ftuff or furniture, after
ſtuff, any ſtuff the twenty fifth day of December one thouſand ſeven hundred and
made of or twenty two, contrary to this act, fhall refpectively extend to pro-
hibit,
:
1720.] Anno feptimo GEORGII I. ftat. 1. c. 8,-10.
321
&c. except
hibit, and ſhall be levied and recovered for wearing or uſing in mixt with cot-
apparel, houfhold ftuff or furniture, after the faid twenty fifth ton printed,
day of December one thouſand ſeven hundred and twenty two, mullins, &c.
any ſtuff made of cotton or mixt therewith, which fhall be print- 9 Geo.2. c.4.
ed or painted with any colour or colours, or any callico chequer-
ed or ſtriped, or any callico ftitched or flowered in foreign parts
with any colour or colours, or with coloured flowers made there
(muflins, neckcloths and fuftians excepted) in fuch manner as
the penalties inflicted by this act for wearing or using printed,
painted, ſtained or dyed callico in apparel, houshold ftuff or fur-
niture after the faid twenty fifth day of December one thoufand
ſeven hundred and twenty two, contrary to this act, are to be
levied or recovered; but under fuch limitations, and with fuch
liberties, privileges and advantages as are mentioned and ex-
preffed in this act, or in any other act or acts of parliament now
in force relating thereto or relating to printed, painted, ſtained
or dyed callicoes.
XI. Provided, That nothing in this act contained ſhall extend Not to extend
or be conſtrued to extend to fuch callicoes as fhall be dyed all to callicoes
blue.
CAP. VIII.
An act for enlarging the time for making the river Kennet navigable from
Reading to Newbury in the county of Berks.
dyed all blue.
The time for making the Kennet navigable enlarged from June 1, 1721, 3Geo.2.c.35.
to June 1, 1723, with all the powers, &c. in the recited act. If the under-
takers fhall not have finiſhed their undertaking by June 1, 1723, the com-
miffioners may appoint others, who fhall have the fame powers, &c. and
the powers, &c. of the former undertakers to cease. The undertakers to
make the river navigable from the wharf in Reading to the hoſpital in
Newbury.
CAP. IX.
An act for the better prefervation of the harbour of Rye in the county of
Suffex.
No new walls, banks, &c. fhall be fet up to hinder the flux and reflux of
the fea, between the mouth of Rye harbour and New Shut near Craven
Sluce. Such new erected walls, &c. declared publick nufances, and may
be profecuted as fuch. Action fhall be laid in the county where the mat-
ter ariſes, and defendant may plead the general iſſue, &c.
CAP. X.
An act for making the river Weaver navigable from Frodsham-Bridge to
Winsford-Bridge in the county of Cheſter.
Undertakers and truſtees appointed for making the river Weaver navigable
from Frodsham-Bridge to Winsford-Bridge. Powers given to the under-
takers. Undertakers to give fatisfaction to the owners of lands, mills, &c.
Commiffioners appointed for determining differences between the under-
takers and proprietors or occupiers of lands, wears, mills, &c. Perfons
diffatisfied with the determination of the commiffioners, or declining fuch
mediation, or who, on convenient notice, fhall refuſe to treat with the un-
dertakers, or fhall not, or cannot agree, the commiffioners hall iffue their
warrant for the impanelling of a jury, to the theriff or coroners of Cheſter,
who ſhall return a jury accordingly, on forfeiture of 501. Commiffioners
may fummon witneffes, and order the jury to view the places in queftion.
Juries to enquire of and affefs damages. Commiffioners to give judgment
for the funis fo affeffed. None thall act as a commiffioner who has not
VOL. XIV.
real.
Y
:
!
322
Anno feptimo GEORGII I. ftat. I. C. 11, 12. [1720.
8 Ann. c. 6.
tool. per annum, or is any ways concerned. Undertakers may demand
1 s. 3 d. per tun for all goods, &c. carried on the river, till the charges of
making it navigable be fatisfied; and after I s. only per tun. Mafters of
boats, &c. answerable for any mifchief done by their boats or crew. Own-
ers, &c. of lands may ufe pleaſure boats without paying any duty. The
river ſhall be free for all the King's fubjects, paying the duty. Saving of
all royalties of fishing and fowling. Manure, &c. not to pay duties. Un-
dertakers may make Witton Brook navigable, fo as they do not prejudice
Witton-Mills. Commiffioners to meet yearly to take and examine the un-
dertakers accounts, and their allowance ſhall be a fufficient difcharge. Af-
ter the work fhall be finished, and all payments fatisfied, the produce of the
duties to be employed in repairing publick bridges, &c. So much of the
clear produce as juftices in feffion fhall think fit, fhall be employed in mend-
ing the highways near the river. The furplus to be employed in amend-
ing the highways in the county. Number of undertakers, in cafe of death,
&c. to be fupplied by the commiffioners. Undertakers not having made
the river navigable in ten years, from June 24, 1721, the commiflioners may
appoint others.
CA P. XI.
An act for finishing and adorning the new chapel, called Saint George's
chapel, in Great Yarmouth in the county of Norfolk, and for enlighten-
ing the freets of the faid town, by a duty or impofition on coals, culm
and cinders to be landed and confumed there.
Saint George's chapel in Yarmouth fhall be compleated. Lights placed in
the town, and fuch provifion made for the minifters, as the mayor, &c.
fhall direct. Minifters to be licenſed by the biſhop of Norwich, and nomi-
nated by the mayor, &c. After 25 March 1721, a duty of 2 s. per chalder
for all coals, &c. unladed at Yarmouth, fhall be paid by the maſter of the
veffel to fuch perfons as the mayor, &c. fhall direct, for the ſpace of 35
years; and from thence I s. per chalder for ever. The mayor, &c. may
nominate collectors, and remove them at pleaſure. Coals, &c. landed at
Yarmouth, and afterwards carried into Norfolk, Suffolk, or the city of
Norwich, collector thall repay the duties. Collectors to pay 1s. 4 d. per
chalder of cinders made of coals that have paid the duty. The money bor-
rowed to be applied to the ufes in the act. After the money borrowed is
repaid, the mayor, &c. fhall apply the overplus for the publick benefit of
the town. The town of Yarmouth fhall continue but one pariſh, and the
churchwardens to have the faid powers relating to the new chapel as to
the parish church. The mayor, &c. may allow a drawback for coals ufed
in making of falt. After 25 March 1721, the act 12 Ann. ſtat. 2. c. 1. a
private act, ſhall ceafe.
CAP. XII.
An alt for imploying the manufacturers and encouraging the
confumption of raw filk and mohair yarn, by prohibiting
the wearing of buttons and button-boles made of cloth, ferge
or other fluffs.
WE HEREAS by an act made in the eighth year of the reign of
her late Majesty Queen Anne, intituled, An act for im-
ploying the manufacturers by encouraging the conſumption of
raw filk and mohair yarn, fuggesting therein, amongst other things,
That the maintenance of many thousands of men, women and children
within this kingdom of Great Britain depends upon the making of filk,
mohair yarn and thread buttons and button-holes with the needle; and
that great numbers of throwfters, twisters, fpinners, winders, dyers
and others are employed in preparing materials of which fuch buttons
and button-holes are made, it was provided, That from and after the
five
1720.] Anno feptimo GEORGII I. ftat. 1. C. 12.
323
five and twentieth day of March one thousand feven hundred and ten
no buttons or button-holes made of cloth, ferge, drugget, frize, cam-
blet or any other fluffs, fhould be made, Jet or bound on any clothes or
wearing garments whatsoever, by any taylor or other perſon or per-
fons whatsoever, on the forfeitures and penalties in the faid act con-
tained: and whereas for making the faid recited act more effectual,
another aɛt was made in the fourth year of his prefent Majefty, inti-
tuled, An act for making more effectual an act made in the eighth
year of the reign of the late Queen Anne, intituled, An act for 4 Geo.1. c. 73
imploying the manufacturers by encouraging the confumption of raw
filk and mohair yarn: and whereas the faid feveral acts have not
effectually answered the good ends thereby propofed, and buttons and
button-holes made of cloth, ferge, drugget, frizes, camblet and other
the faid fluffs, are ftill ufually made, fet and bound on clothes and
wearing garments, to the great impoverishment of the faid manufac-
turers of needle-work buttons and button-holes, and other the faid
perfons employed in preparing the materials thereof, and to the excef-
five increafe of the poor, and, if not prevented, may be the utter ruin
of the faid manufacturers and many thousands of your Majefty's fub-
jects and their families, whofe livelihoods do intirely depend thereupon:
for remedy whereof, may it pleaſe your moſt excellent Majefty,
that it may be enacted; and be it enacted by the King's most
excellent majefty, by and with the advice and conſent of the
lords ſpiritual and temporal and commons, in this preſent parlia-
ment affembled, and by the authority of the fame, That from
and after the nine and twentieth day of September which ſhall be After 29 Sept.
in the year of our Lord one thouſand ſeven hundred and twen- 1722, no per-
ty two, it fhall not be lawful for any perfon or perfons whatfo- fon fhall wear
ever, within the kingdom of Great Britain, to uſe or wear on buttons made
any clothes, garments or apparel whatſoever any buttons or but- of cloth, &c.
ton-holes made of or bound with cloth, ferge, drugget, frize, on penalty of
camblet, or any ſtuffs whereof clothes or wearing garments are 40s. per do-
ufually made; and that if any perfon or perfons whatſoever, zen.
within the kingdom of Great Britain, fhall ufe or wear any but-
tons or button-holes made of or bound with cloth, ferge, drug-
get, frize, camblet or other ſtuffs as aforefaid, fuch perfon or
perfons being thereof lawfully convicted by the oath of one or
more credible witnefs or witneffes, or by confeflion of the party,
in manner as is herein after mentioned, fhall forfeit for every do-
zen of ſuch buttons or button-holes fo ufed or worn the ſum of
forty fhillings, or in proportion for every leffer quantity of fuch
buttons and button-holes; to be recovered and diftributed as
herein after is provided.
on any clothes
II. And for the more eafy conviction of offenders againſt this Conviction
act, and for the more eafy recovery of the penalties and forfei- before one ju
tures aforesaid, be it further enacted by the authority aforefaid,
ftice of peace,
That it ſhall and may be lawful to and for any one or more of
his Majeſty's juftices of the peace of the county, riding, city,
town or place where any offence fhall be committed against this
act, or where fuch offender fhall inhabit, and fuch juftice or ju-
ftices are hereby required and enjoined, upon any complaint or
Y 2
in
324
Anno feptimo GEORGII I. ftat. 1. C. 12. [1720,
information upon the oath of one or more credible perfon or
perfons (which oath fuch juſtice or juftices is and are hereby im-
powered and required to adminifter) to fummon the party or
parties accufed, and upon his, her or their appearance or con-
tempt to proceed to the examination of the matter of fact, and
upon due proof made, either by the confeffion of the party, or
the oath or oaths of one or more credible perfon or perfons, of
any offence committed contrary to this act, to determine the
fame, and convict the offender or offenders thereof; and upon
Penalties to be conviction to cauſe the faid penalties or forfeitures, upon the of-
levied by di- fender or offenders refufing to pay the fame on demand, at ſuch
time or times as the faid juftice or juſtices fhall appoint, by war-
rant or warrants under his or their hands and feals, to be levi-
ed by diſtreſs and fale of the goods and chattels of fuch offender
or offenders, rendring to him, her or them the overplus, if any
ſhall be, the charges of fuch diftrefs and fale being thereout first
deducted; and all and every the penalties and forfeitures under
this act ſhall be diftributed and paid in manner following, (that
One moiety to is to fay) one moiety thereof to him, her or them, on whofe
the informer, oath or oaths any perfon or perfons ſhall be convicted of any of-
fence againſt this act, and the other moiety to the poor of the
parish where fuch offence or offences fhall be committed.
ftrefs.
the other to
the poor.
Appeal to
quarter-fei-
fions, whoſe
judgment fhall
be final.
Profecution in
one month.
Not to extend
III. Provided nevertheleſs, That it fhall and may be lawful
to or for any party or parties aggrieved by the order, determi-
nation or warrant of fuch juftice or juftices as aforefaid, to ap-
peal to the juſtices of the peace at the next general quarter-fef-
fions to be holden for the county, riding, city or place where
the faid offence or offences fhall have been committed, giving
eight days notice at the leaft of fuch appeal to the profecutor or
profecutors; which juftices at the faid feffions are hereby autho-
rized and required to hear and determine the fame, and their
judgment therein fhall be final.
IV. Provided alfo, That all offences against this act fhall be
profecuted within one month after fuch offence committed, and
not after.
V. Provided alfo, That nothing in this act contained fhall ex-
to clothes of tend or be conftrued to extend to any clothes or wearing appa
rel made of velvet.
velvet.
&c.
VI. Provided alſo, That if any action or fuit ſhall hereafter
be commenced or profecuted against any perfon or perfons fo
fued or profecuted as aforefaid, fuch perfon or perfons may
General iffue, plead the general iffue, and give this act and the fpecial matter
in evidence; and if the plaintiff fhall become nonfuited, or for-
bear further profecution, or fuffer difcontinuance, or a verdict
to paſs againſt him or her, or judgment upon demurrer, the de-
Treble cofts. fendant or defendants fhall recover his, her or their treble coſts,
for which he, fhe or they fhall have like remedy as in cafes
where cofts by law are given to defendants.
Publick act.
VII. And be it further enacted by the authority aforefaid,
That this act ſhall be taken and allowed to be a publick act in
all courts within this kingdom of Great Britain; and all judges
and
2
1720.]
325
Anno feptimo GEORGII I. ftat. 1. C.13.
י
and juftices of the peace are hereby required to take notice there-
of as fuch, without ſpecial pleading the fame.
CA P. XIII.
An act for regulating the journeymen taylors within the week-
ly bills of mortality.
W
HEREAS great numbers of journeymen taylors, in and about
the cities of London and Weſtminſter, and others, who
have ferved apprenticeships, or been brought up in the art or myfte-
ry of a taylor, have lately departed from their fervices without just
caufe, and have entred into combinations to advance their wages to
unreaſonable prices, and leffen their ufual hours of work, which
is of evil example, and manifeftly tends to the prejudice of trade, to
the encouragement of idleness, and to the great increase of the poor :
for remedy thereof, may it pleafe your moft excellent Majefty,
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 All contracts
lords fpiritual and temporal and commons, in this preſent par- between jour-
liament affembled, and by the authority of the fame, That all neymen tay-
lors, in Lon-
contracts, covenants or agreements in writing, or not in writ- don and Weſt-
ing, heretofore made or entred into, or hereafter to be made or minſter, for
entred into, by or between any perfons brought up in, or pro- advancing
feffing, ufing or exercifing the art or myftery of a taylor, or their wages,
or leffening
journeyman taylor, in making up mens or womens work, in
their hours of
the cities of London and Westminster, or either of them, or with- work, declar-
in the weekly bills of mortality, for advancing their wages, or ed illegal and
for leffening their uſual hours of work, fhall be, and are here- void.
by declared to be illegal, null and void to all intents and pur-
pofes; and further, that if any taylor, journeyman taylor, or Taylors en-
other perfon brought up in, or profeffing, ufing or exercifing tring into fuch
the art or myſtery of a taylor, or journeyman taylor, within the agreement af-
ter 1 May
limits aforefaid, fhall at any time or times after the firſt day of
May one thouſand ſeven hundred and twenty one, keep up, con- committed to
tinue, act in, make, enter into, fign, feal, or be knowingly in- the houſe of
tereſted or concerned in any contract, covenant or agreement, correction, or
by this act declared to be illegal, null and void, every perfon or gaol, for two
perfons fo offending, being lawfully convicted thereof upon the
oath or oaths of one or more credible witneſs or witneffes before
any two juftices of the peace in their jurifdictions within the li-
mits aforefaid, upon any information exhibited, or proſecution,
within three months after the offence committed, (which oaths
the ſaid juſtices are hereby impowered and required to admini-
fter) every fuch offender fhall, by order of fuch juftices, at their
difcretion be committed, either to the houſe of correction, there
to remain and be kept to hard labour for any time not exceed-
ing two months, or to the common gaol, as they ſhall ſee cauſe,
there to remain without bail or mainprize for any time not ex-
ceeding two months.
-
1721. to be
months with
out bail.
II. And for declaring, limiting and appointing the hours of Hours of work
work, and wages for journeymen taylors, fervants, and appren- and wages ap
tices to taylors, within the limits aforefaid; be it enacted by pointed.
¥ 3
the
326
Anno feptimo GEORGII I. ftat.1. C. 13. [1720.
Taylors oblig.
ed to pay their
after the faid
journeymen
rate.
want whereof
the party to be
commited till
fatisfaction
made.
the authority aforefaid, That from and after the first day of May
one thouſand ſeven hundred and twenty one, the hours of work
for all journeyman taylors, fervants and apprentices to taylors,
and other perfons imployed or to be imployed, or retained as
taylors, in making up mens or womens work, or fuch fervants
or apprentices within the cities of London and Weſtminſter, or
either of them, or within the weekly bills of mortality, fhall be
from fix of the clock in the morning until eight of the clock at
night; excepting only that there ſhall be allowed by the maſter
one penny halfpenny a day for breakfaft, and one hour for din-
ner, in the time aforefaid; and for the faid time or hours of
work aforeſaid there fhall be paid unto every journeyman taylor,
or other perfon imployed, or to be imployed or retained as a
journeyman taylor, for his work, during the hours aforefaid, the
wages and fums following, (that is to fay) from the five and
twentieth day of March to the four and twentieth day of June,
any fum not exceeding two fhillings per diem, and for the reft of
the year one fhilling and eight pence per diem.
*
III. And be it further enacted by the authority aforefaid,
That in cafe any taylor or taylors, or other perfon or perfons
acting as fuch, or carrying on, ufing or exercifing the art or
myſtery of a taylor within the limits aforefaid, fhall hire, retain
or imploy any journeyman or other perfon, not being an ap-
prentice, he, fhe or they fo hiring, retaining or imploying any
fuch journeyman or other perfon aforefaid, (apprentices except-
ed) fhall, and they are hereby obliged and required to pay them
after the rate aforefaid, for the full time for which he, fhe or
they fo hire, retain or imploy them, or agree fo to do.
Wages to be
IV. And for more eaſy recovering the ſaid wages, it ſhall be
recovered by lawful for any two justices of the peace within the limits afore-
diftrefs, for faid, and they are hereby authorized and required, upon com-
plaint made for that purpofe, to fummon before them the par-
ty or parties offending, and for nonpayment of fuch wages, or
fufficient fatisfaction given for the fame to the party or parties
aggrieved, to iffue their warrant or warrants for levying fuch
wages due, as aforefaid, by diſtreſs and ſale of the offender's
goods, rendring the overplus to the owner; and for want of
fufficient diftrefs to commit the party or parties offending to the
common gaol, there to remain without bail or mainprife, until
he, fhe or they fhall pay or give fatisfaction to the party for the
fame.
Quarter-fef-
fions may al-
ter the faid
wages and
hours of work
according to
circumftances
of plenty or
fcarcity, &c.
V. And in regard it may be reaſonable upon fome occafions to alter
the wages and hours of work aforesaid, be it enacted by the autho
rity aforefaid, That it fhall and may be lawful to and for the ju-
ftices of the peace in their refpective jurifdictions within the li-
mits aforefaid, at their general quarter-feffions, and they are
hereby authorized and required, upon application to be made.
to them for that purpoſe, to take into their confideration the
plenty or fcarcity of the time, and other circumſtances neceffa-
rily to be confidered, and to alter the wages, and hours of work
aforefaid, and to order and appoint what wages and allowances
fhall
1720.] Anno feptimo GEORGII I. ftat. 1. c. 13.
327
ſhall be paid or made to journeymen taylors, and fervants, re-
tained or imployed, or to be retained or imployed, in the art or
myſtery of a taylor, as aforefaid, within the limits aforefaid, and
what hours they fhall work, and fhall make ſuch alterations
therein, from time to time, as fuch juftices at any ſuch general
feffions fhall think fit, upon application to be made to them for
that purpoſe, and fuch juftices fhall, within the ſpace of four-
thence to be
teen days next after fuch general feffions, caufe fuch rates and Such altera-
alterations, from time to time, to be printed, publiſhed and tions to be
made known, in fuch manner as to them fhall feem meet, at printed and
the reaſonable expence of any perfon or perfons defiring the publiſhed;
fame; and from and after publication thereof, all taylors, and and from
their journeymen, and fervants, within the limits aforefaid, are obferved on
hereby ſtrictly required to obferve the fame, upon pain of impri- pain of two
fonment by fuch juftices, for any time not exceeding two months, months im-
being lawfully convicted of fuch offence, after knowledge or in- priſonment.
formation of any fuch rates or alterations thereof to be made, as
aforefaid, upon any profecution to be commenced within fix
days after the offence committed.
the end of the
work, fhall be
VI. And be it further enacted by the authority aforefaid, Journeyman
That if any perfon actually retained or imployed as a journey- taylor depart-
man taylor, or fervant, in the art or myſtery of a taylor, as a- ing from his
forefaid, within the limits aforefaid, ſhall at any time or times fervice before
after the firſt day of May one thouſand ſeven hundred and twen- term, or the
ty one, depart from his fervice before the end of the term or work finished,
time for which he is or fhall be hired or retained, or until the or refufing to
work, for which he was hired or retained, fhall be finiſhed, or enter into
not being retained or imployed, fhall refufe to enter into work fent to the
or imployment (after requeſt made for that purpoſe by any ma- houfe of cor-
fter taylor, for the wages and hours limited, or to be limited and rection for
appointed, as aforefaid) unleſs it be for ſome reaſonable or ſuf- two months.
ficient cauſe, to be allowed by two juftices of the peace within
the limits aforefaid; then in every fuch cafe every perfon fo of-
fending, being thereof lawfully convicted, as aforefaid, fhall be
fent to the houſe of correction, there to be kept to hard labour
for any time not exceeding two months.
journeymen
VII. And for more effectual preventing the mifchiefs and in- Taylors allow
conveniencies which may happen by non-obfervance of this act, ing greater
or by feducing or inticing any of the journeymen taylors, or fer- wages to their
vants aforefaid, from one mafter to another; be it enacted by hall forfeit 5!.
the authority aforefaid, That if any taylor or other perfon pro-
feffing, ufing or exercifing the art or myſtery of a taylor, as
aforefaid, within the limits aforefaid, or any other perfon a-
forefaid, fhall at any time after the firft day of May one thou-
fand ſeven hundred and twenty one, give, allow or pay any
more or greater wages than as aforefaid, for the hours of work
aforefaid, to any fervant or journeyman, in money, or other-
wife, contrary to the intent of this act, every perfon fo of-
fending, being thereof lawfully convicted upon any profecution
commenced within three months after the offence committed,
fhall forfeit and pay the fum of five pounds, one moiety where-
Y 4
of
328
Anno feptimo GEORGII I. ftat. 1. C. 14, 15. [1720.
of fhall be to the informer or profecutor, and the other moiety
to the poor of the parith or place where the offence ſhall be com-
mitted; and every fuch fervant or journeyman taking more or
Journeymen greater wagers than as aforefaid, for the hours of work afore-
taking greater faid, being thereof convicted, as aforefaid, fhall be fent to the
wages to be
houfe of correction, there to be kept to hard labour for any time
not exceeding two months; and all retainers, promiſes, obliga-
tions or fecurities, for any wages, pay or allowances, contrary
to this act, fhall be null and void.
fent to the
houfe of cor-
rection for
two months.
Retainers
contrary to
VIII. Provided, That this act or any thing therein contain-
this act, void. ed, fhall not extend to hinder the paying or receiving any more
Not to hinder or other wages or allowances, which fhall be agreed upon, for
the payment working before or after the hours of work limited or appointed,
of greater wa-
or to be limited or appointed as aforefaid.
ges for work-
ing before or
after the hours
limited.
Appeal to
quarter-fef-
IX. Provided alfo, That it fhall and may be lawful for any
perfon aggrieved by any order or orders to be made by any two
or more juftices of the peace, as aforefaid, to appeal to the ju-
ftices of the peace affembled at the next general quarter-feffions
fions, who shall to be holden for the city, divifion, parish or place where ſuch
finally deter- order ſhall be made, giving fix days notice of ſuch appeal ; and
mine,and may fuch juftices in fuch general quarter-feffions, fhall finally hear
and determine the matter, and thall have power to award rea-
fonable coſts to either party, as to them ſhall feem juſt.
award cofts.
Perfons fuffer-
shall not be
X. Provided alfo, That any perfon convicted of any offence
ing by this act against this act, and who ſhall fuffer for the fame accordingly,
ſhall not be otherwiſe puniſhed, or ſuffer for fuch offence by au-
thority of any law now in force.
otherwife pu-
nished.
CAP. XIV.
An act for continuing the duties granted by feveral acts made in the fixth
and tenth years of her late Majefty's reign, for repairing the harbour
and key of Watchett in the county of Somerfet.
The duties payable by the private acts 6 Ann. c. 8. and 10 Ann. c. 24.
continued for 21 years longer. This act fhall not make void the duties
payable by the faid act for repairing the key, after the expiration of the
21 years thereby granted.
CAP. XV.
An act for making the rivers Mercy and Irwell navigable from Liverpoole
to Manchefter, in the county palatine of Lancaſter.
Undertakers appointed for making the rivers Mercy and Irwell navigable
from Liverpoole to Mancheſter. Undertakers may fcour, enlarge or ftreight-
en the rivers, make new cuts, &c. take away trees, &c. Build bridges,
fluces, &c. and alter the fame; may alter bridges, turn highways, pull
down mills, wears, &c. may make towing paths, &c. Firft giving fatis-
faction to the owners. Commiffioners appointed for determining differen-
ces between the undertakers and proprietors. Undertakers or others dif-
ſatisfied with their determination, or perfons on notice given neglecting
to treat, or who through any difability cannot, or by abſence, except in
attending the parliament, commiffioners fhall iffue their warrant to the fhe-
riff of the county, for impanelling a jury. Jury to enquire of and affefs da-
mages. Commiffioners to give judgment for the fums fo affeffed. Com-
miffioners not to act if concerned, or have not 100 l. per annum. Under-
takers fhall not raiſe the water fo as to hinder the working of corn mills,
&c. Coals, &c. to pay a duty not exceeding 3 s. 4d. per tun. Commif
fioners dying or refufing to act, any thirteen of the furvivors may appoint
others.
1720.] Anno feptimo GEORGII I. ftat. 1. c. 16, 17.
329
others. Boat mafter, &c. anfwerable for damages done by his boat or
crew. The faid rivers fhall be efteemed navigable from Liverpoole to Man-
cheſter, and free for all the King's fubjects, paying the duties. Owners of
adjoining lands may ufe pleaſure-boats. Locks fhall be opened on demand
for pleature-boats, &c.
CAP. XVI.
An act for the better preferving and keeping in repair the piers of the town
and port of Whitby in the county of York; and for explaining and
making more effectual the feveral acts paffed for lengthening and re-
pairing the piers of Bridlington alias Burlington in the faid county.
}
I
I
After 1 May 1723. the duties mentioned in the private acts 1 Ann. ftat. 1.
c. 19. and 7 Ann. c. 1. fhall be paid to the trustees, for ever, for preferv-
ing Whitby Piers in repairs, viz. For every chalder of coals, fix pence.
And for every weigh of falt landed at Whitby, two fhillings. And for eve-
ry quarter of malt, corn and grain, four pence. And for all foreign goods-
imported in English bottoms, three pence per tun. And all foreign bot-
toms importing fuch goods, fix pence per tun. And for all butter fhipt off
from Whitby, one penny per firkin. For dried fish and mud fifh fhipt off
from Whitby, one penny per fcore. For barrelled fish per barrel three
pence. For every English fhip which fhall enter within the piers, one fhil-
ling; and for every top of fuch fhip, four pence. And all foreign fhips,
two fhillings; and for every top, four pence. Truſtees may appoint collec-
tors, and allow them a falary, not exceeding 12 d. in the pound. Money
collected to be employed in repairing the piers, &c. On extraordinary oc-
cafions, truſtees may mortgage the duties, and the money borrowed to be
imployed in repairing the piers. Truſtees dying or refuſing to act, the ſur-
vivors may elect others. Not above ten truſtees at a time, and the lord of
the manor to be one. Throwing ballaſt, &c. into the harbour, truſtees
may fine the offenders not exceeding 40s. The trustees of 5 Geo. 1. c. 10.
for putting in execution the acts for lengthning and repairing the piers of
Burlington, may fell the duties, or grant any annuity out of them, for
the refidue of the term, (ſubject to the repayment of 5500l. already bor-
rowed) and the money arifing by fuch fale or grant, to be applied towards
finiſhing the piers.
CAP. XVII.
An act for making navigable the river Dane from Northwich, where it
joins to the river Weaver, to the falling in of Wheelock-Brook, and
Wheelock-Brook up to Wheelock-Bridge in the county of Cheſter.
Undertakers and truſtees appointed for making the river Daven and Whee-
lock-Brook navigable from Northwich to Wheelock-Bridge. Undertakers
may clear, enlarge, &c. the river, and make new cuts, &c. in any per-
fons grounds. First giving fatisfaction to the owners. Commiffioners ap-
pointed for fettling differences between the undertakers and proprietors.
Undertakers or others diffatisfied with fuch determination, or perfons hav-
ing ten days notice, and refuſing to treat with the undertakers, or who
through any difability cannot, the commiffioners fhall iffue their warrant
to the fheriff of Chelter for returning a jury. May order the jury to view
the place. Jury to enquire of and affefs the damages. Commiffioners to
give judgment for the fums fo affeffed, and finally determine all contro-
verfies. Commiffioners to have 100l. per annum in Cheſhire. Commiffion-
ers dying or refuſing to act, the furvivors, or any feven to appoint new
ones. Undertakers may take 1 s. 6d. per tun for all goods, carried on the
river till the charges of making it navigable are fatisfied, and afterwards
not above 9d. per tun. Mafters of barges, &c. anſwerable for any mif-
chief done by their barges or crew. Owners or occupiers of adjoining
lands may uſe pleaſure boats without paying any duty. The river to be
deemed navigable, and free for all the King's fubjects, paying the duties,
Owners, &c. of lands within five miles, not to pay duty for dung, &c. Af-
ter the work ſhall be finiſhed, undertakers may retain, out of the clear
produce of the duties, any fums by them advanced. Undertakers may bor-
row any fums as the commiffioners, or any nine fhall think neceflary, for
carrying on the undertaking, and ſhall repay the fame out of the first clear
produce
330
Anno feptimo GEORGII I. ftat. 1. C. 18,19. [1720.
produce after the work is finished. After the work finished, and charges
and monies borrowed repaid, the duties fhall be employed to repair the
publick bridges, &c. in Cheſhire, as the quarter-feffions fhall direct. So
much of the duties, as the quarter-feffions fhall yearly appoint, fhall be
employed in repairing the highways leading to the faid river, &c. The fur-
plus of the tunnage to be employed in amending other highways in the
faid county. Undertakers dying or refufing to act, the commiffioners or
any thirteen, fhall at their yearly affembly appoint others. Undertakers
not finishing the undertaking in five years, the commiffioners, or any thir
teen, may appoint others.
CAP. XVIII.
An act for enlarging the term granted by an act paffed in the tenth year
of the reign of her late Majefty Queen Anne, intituled, An act for repair-
ing the road from Highgate Gatehoufe in the county of Middlefex, to Barnet
Blockhouse in the county of Hertford; and for repairing the road leading
from the Bear-Inn in Hadley, to the fign of the Angel in Enfield Chafe
in the faid county of Middlefex.
The powers, peties, &c. in the private act 10 Ann. c. 33. continued for
feventeen years from the expiration thereof, as well for the purpoſes in
that act, as for repairing the additional roads. Continued by 9 Geo. z.
C. 39.
}
XIX.
An act for continuing an act made in the fixth year of the reign of her late
Majefty Queen Anne, intituled, An act for repairing and enlarging the
highways between the top of Kingsdown Hill and the city of Bath; and alſo
feveral highways leading to and through the faid city; and for cleanfing, pav-
ing, and lightning the fireets, and regulating the chairmen there; and for
explaining and making the faid act more effectual.
The private act of 6 Ann. c. 1. and all the powers, duties, forfeitures, &c.
therein contained, continued for 21 years, from 1 May 1721. After May
1721. fix of the juftices of Wilts, Somerfet and Glouceſter, and one for
Bath, impowered to put the former and this act in execution. Surveyors
may make drains, erect arches, &c. on the contiguous grounds. Such fa-
tisfaction to be made to the owner, as three neighbouring juftices fhall de-
termine. Owners neglecting to fcour their ditches, furveyors may ſcour
the fame, and levy the charge on the owners. After 1 May 1721, chair-
men in Bath fhall keep fuch ftands as the mayor, &c. fhall direct, on pe-
palty of ten fhillings. Continued by 12 Geo. 2. c. 20.
I
\
CAP.
1720.] Anno feptimo GEORGII I. ftat.1. C. 20.
331
CAP. XX.
An alt for continuing the duties on malt, mum, cyder and
perry, to raise money by way of a lottery, for the Service
of the year one thousand feven hundred twenty one; and
for transferring the deficiency of a late malt-act to the land-
tax for the faid year; and for difpofing certain overplus
money to proper objects of charity; and for giving further
time to clerks and apprentices to pay duties omitted to be
paid for their indentures and contracts; and touching ſmall
quantities of cyder exported; and for relief of captain John
Perry concerning Daggenham Breach; and touching loft
bills, tickets or orders; and concerning the duty of fmall
pieces of plate; and to enable the undertakers for raising
Thames Water in York-Buildings to fell annuities by
way of a lottery; and for fatisfying a debt, which was
charged on the late duty on hops; and for appropriating
the monies granted in this feffion of parliament. EXP.
XXXII.
A
ND whereas in and by an act paſſed in the twelfth Clauſe for re-
year of her late Majesty Queen Anne, intituled, An lief of captain
act for the ſpeedy and effectual preferving the navigation of the John Perry
concerning
river of Thames, by ftopping the breach in the levels of Haver- Daggenham
ing and Daggenham in the county of Eſſex; and for aſcertaining Breach,
the coal-meaſure, feveral duties on coals and shipping were granted, 12Ann. ftat.z.
and trustees therein appointed to apply and difpofe of the fame to the C.17.
Stopping the faid breach, in fuch manner as they should think moſt
convenient: and whereas on the twenty-fixth day of January one thou-
fand ſeven hundred and fifteen, the ſaid trustees contracted with captain
John Perry for topping the faid breach for the fum of twenty five thou-
Sand pounds, and to maintain the fame for three years after flopt, or in
cafe of accidents, to make good the damage; upon condition that if fuch
fum was not fufficient, they would recommend him to parliament, and
"whereas the faid John Perry hath effected and performed the ſaid work
according to his contract, the charge and expence whereof bath amounted
to the fum of forty thouſand four hundred feventy two pounds eighteen
fillings and eight pence three farthings, of which fum feveral of the cre-
ditors of the faid John Perry, to whom he is indebted for premiums, are
willing to remit to the faid John Perry the fum of five thousand nine
hundred fixty Seven pounds and five shillings, which being deducted
out of the fame forty thousand four hundred feventy two pounds
eighteen fillings and eight pence three farthings, there will be still
wanting nine thousand five hundred and five pounds thirteen fillings
and eight pence three farthings, over and above the twenty five thou-
fand pounds agreed to be paid by the faid trustees to the faid John
Perry, to enable him to defray the charge and expence of the faid
work: and whereas feveral fecurity bonds have been entred into to
the faid trustees for the repayment of ſeveral fums of money, in caſe
the faid John Perry ſhould not have performed his faid contract for
Stopping the faid breach, and alſo for maintaining the work for three
years
!
332
Anno feptimo GEORGII I. ftat. 1. C.20. [1720.
years after the fame should be stopped: and ſome doubts having ariſen
about the commencement of the faid three years, be it therefore en-
acted by the authority aforefaid, That the faid truſtees be here-
by impowered and required, out of the money collected or to
be collected by virtue of the faid act, to pay and ſatisfy to the
faid John Perry, his executors, adminiftrators or affigns, the
further fum of fifteen thousand pounds: and it is hereby de-
clared, That the three years for which the faid John Perry was
or is to maintain the faid work, did commençe from the nine-
teenth day of July one thoufand feven hundred and eighteen,
being the day on which the breach was firft reported to be ftopt
according to his contract, the damage that hath fince happened
being now fufficiently repaired; any thing in the faid act of the
twelfth year of her late majefty Queen Anne to the contrary in
any wife notwithſtanding.
Claufe touching loft bills, tickets or orders.
6 Geo. 1. c.15.
XXXIV. And whereas by an act of parliament made in the laft
Claufe con-
feffions of this prefent parliament for laying a duty upon wrought
cerning the
duty of fmall plate, and for other purposes therein mentioned; it was amongst other
pieces of plate. things enacted, That there fhould be raised, levied, collected, anfwered
and paid, unto and for the ufe of his Majesty, his heirs and fucceffors
for ever (fubject nevertheless to fuch redemption as is therein mentioned)
for and upon all filver plate which ſhould be made or wrought in Great
Britain, or which at any time or times from and after the first day
of June one thouſand ſeven hundred and twenty should or cught to be
touched, affayed or marked in Great Britain, as the faid act directs, a
duty after the rate of fix pence for every ounce Troy weight, and
proportionably for any greater or leffer quantity, to be paid by the
maker or makers thereof reſpectively, and to be fecured to be paid in
Such manner and form as in and by the faid act is prefcribed in that
behalf: and whereas fome doubts have arisen, whether the faid duty
ought to be paid for fuch pieces of filver plate which are ſo ſmall and
minute, as either not to be capable of being touched, afſayed or mark-
ed, or of ſo ſmall a value as not to be worth the trouble and expence
of being fo: therefore for the better explaining of the faid act,
and afcertaining of the faid duty, be it declared and enacted by
the authority aforefaid, That manufactures of filver, the filver
whereof refpectively, when made, wrought, finiſhed, joined and
completed, to and for the reſpective ufes and purpoſes for which
fuch manufactures refpectively are intended, fhall be leſs than
or under the weight of three penny weight (other than and ex-
cept handles, hafts, fpoons, thimbles, buckles, clafps or but-
tons, made of filver only, or whereof the greateſt part is or
fhall be of filver) are not intended to be charged with the
faid duty; and that the officers for the faid duty, from and after
the first day of July one thouſand ſeven hundred and twenty
one, fhall not be obliged to take any account, or to make any
return or report of ſuch minute and ſmall manufactures of filver
(except before excepted ;) any thing in the faid act contained to
the contrary thereof in any wife notwithstanding,
Claufe
1720.]
333
Anno feptimo GEORGII I. ftat. 1. C. 20.
Claufe to enable the undertakers for raiſing Thames water in York-
buildings, to fell annuities by way of a lottery.
land-tax mo-
XXXVI. And whereas it hath been thought neceſſary for the fer- Claufe for al-
vice of the publick, That the lord treasurer or commiffioners of the lowances to
treafury for the time being fhall be impowered to make allowances to receivers of
the feveral receivers general of the land-taxes and duties on houfes, niese
for their extraordinary charges in bringing, remitting and paying into
the exchequer the money, over and above the poundage allowable by the
respective acts of parliament for the faid taxes and duties, upon re-
ports made to then by the proper officers for that purpoſe: be it there-
fore enacted by the authority aforefaid, That the lords commif-
fioners of the treaſury, or any three or more of them now be-
ing, or the lord high treaſurer, or any three or more of the com-
miſſioners of the treaſury for the time being, be impowered, and
they are hereby impowered to caufe fuch fums of money as he
or they, upon due confideration of fuch reports made or to be
made by the proper officers for that purpoſe, fhall judge to be
juft and reaſonable to be paid or allowed from time to time to
fuch perfons as have been, or are, or fhall be receivers, their
fureties, executors, adminiſtrators or affigns refpectively, as well
for the time paſt as for the future, out of any overplus monies
ariſen or to ariſe by any land-tax granted or to be granted, and
which doth or fhall remain after diſcharging all the principal
and intereſt-monies and other payments charged or to be charged
thereupon by authority of parliament, and not otherwife; any
former law or ftatute to the contrary notwithſtanding.
XXXVII. And whereas there remains unpaid of the principal mo- Claufe for fa-
nies which were lent upon the duties on hops, as part of the fum not tisfying a debt
exceeding one hundred and eighty thousand pounds, which was autho- which was
rized to be borrowed thereupon at an intereft after the rate of fix late duty on
charged on the
pounds per centum per annum, the fum of eight thousand five hun- hops.
dred and ninety pounds fixteen fillings and eight pence half penny,
and fuch intereft is due for the fame for feveral years past: and where-
as there remains in the exchequer the fum of one thousand one hundred
fixty eight pounds eight fhillings and five pence halfpenny, towards fa-
tisfying the faid fum of eight thousand five hundred and ninety pounds
fixteen fillings and eight pence halfpenny; and the growing duties on
hops have been made part of the fund, called the aggregate fund, the
overplus whereof is difpofable only for publick uſes, directed or to be
directed by parliament: now to the end that the faid fum of eight
thouſand five hundred and ninety pounds fixteen fhillings and
eight pence halfpenny, and the intereft thereof, may be juftly
fatisfied, and that a ftop may be put to the growing intereft at
the faid rate, be it further enacted by the authority aforefaid,
That the faid fum of one thoufand one hundred fixty eight
pounds eight fhillings and five pence halfpenny, with fo much
of the faid overplus monies, as together thall be fufficient to
diſcharge the faid fum of eight thouſand five hundred and ninety
pounds fixteen fhillings and eight pence halfpenny, and all the
intereſt incurred or to grow due thereupon, thall be iffued and
applied
334
Anno feptimo GEORGII I. ftat. 1. C. 20. [1720
jeffion.
1. C. 4.
applied thereunto upon the proper orders in courfe, whereby
the faid principal and intereft are due; any clauſe, matter or
thing in this act, or any other law or ftatute whatfoever, to the
contrary notwithſtanding.
Appropriation XXXVIII. Provided always, and be it enacted by the autho-
of the money rity aforefaid, That all the monies lent and to be lent to his
granted this Majesty upon one act of this feffion of parliament, intituled,
7 Geo. 1. ftat. An act for granting an aid to his Majefty by a land-tax to be raifed
in Great Britain, for the fervice of the year one thousand feven hun-
dred twenty and one, and fo much money (if any fuch be) of the
tax thereby granted, as fhall arife and remain after all the loans.
made or to be made on the act laſt mentioned, and all the loans
by this act transferred or directed to be transferred to the regifter
for the faid land-tax, and the intereft of the faid feveral and re-
fpective loans, and the charges allowable for raifing the faid
land-tax, fhall be fatisfied, or money fufficient fhall be reſerved
in the exchequer to difcharge the fame; and all the monies to
be raiſed by way of a lottery or otherwife, by virtue of this pre-
fent act, and ſo much of the duties upon malt, mum, cyder
and perry, by this act granted or continued, as fhall ariſe and
remain (if any fuch be) after all the payments hereby directed
to be made upon certificates, as well for the fortunate as the un-
fortunate tickets above mentioned, and the charges by this act
allowable for the execution thereof, fhall be fatisfied, or monies
fufficient fhall be referved to difcharge the fame, fhall be appro-
priated and applied, and are hereby appropriated for and towards
the feveral ufes, intents and purpoſes herein expreffed, fubject
nevertheleſs to fuch reftrictions as are herein after prefcribed,
that is to ſay;
82,793 1. 19 5.
and rod. and
feven tenth
parts of a pen-
ny, to make
good the ge-
neral fund.
For naval fer-
vices.
XXXIX. It is hereby enacted and declared, That out of all
or any of the aids or fupplies provided as aforefaid there ſhall
and may be iffued and applied any fum not exceeding eighty
two thouſand feven hundred ninety three pounds nineteen fhil
lings and ten pence and ſeven tenth parts of a penny, to make
good the deficiency of the fund, commonly called the general
fund, for raiſing ſeven hundred twenty four thouſand eight hun-
dred forty nine pounds fix fhillings and ten pence and one fifth
part of a penny per annum, for the year ended at Michaelmas one
thouſand ſeven hundred and twenty.
XL. And it is hereby enacted and declared, That cut of all
or any the aids or fupplies provided as aforefaid there fhall or
may be iffued or applied any fum and fums of money not ex-
ceeding feven hundred thirty nine thouſand forty nine pounds
and fourteen fhillings, for or towards defraying the charge of the
ordinary of his Majefty's navy, and for half-pay to fea-officers,
and for or towards victual, wages, wear and tear of the navy,
and the victualling thereof performed and to be performed; and
for or towards fea-fervices in the office of the ordnance perform-
ed and to be performed, and other fervices of the navy per-
formed and to be performed; and any further fum and fums of
money not exceeding fifty thouſand two hundred pounds, for
of
2
1720.]
335
Anno feptimo GEORGII I. ftat. 1. C. 20.
or towards extraordinary repairs of his Majefty's navy perform-
ed and to be performed.
nance for
XLI. And it is hereby alfo enacted, That out of all or any For the ord-
of the aids or fupplies provided as aforefaid there fhall or may
be iffued and applied any fum or fums of money not exceed land-fervices.
ing ninety three thouſand one hundred fixty eight pounds thir-
teen fhillings and eleven pence, for defraying the charge of the
office of his Majefty's ordnance for land-fervices performed and
to be performed, and for or towards defraying feveral extraor-
dinary expences of the office of ordnance for land-fervices in
the year one thouſand feven hundred and twenty, not provided
for by parliament.
XLII. And it is hereby likewife enacted, That out of all or For the land-
any the aids or fupplies provided as aforefaid there fhall or may forces.
be iffued and applied any fum or fums of money not exceeding
in the whole the fum of eight hundred thirty two thouſand one
hundred ſeventy four pounds four fhillings and eight pence
halfpenny, for or towards maintaining his Majefty's land-forces
and other fervices herein after more particularly expreffed, that
is to fay, any fum not exceeding five hundred fixty feven thou-
fand feventy pounds three fhillings and four pence, for de-
fraying the charge of fourteen thousand two hundred nine-
ty four effective men (including commiffion and non-com-
miffion officers and invalids) for guards, garrifons and other his
Majeſty's land-forces in Great Britain, Ferfey and Guernſey, and
other fervices relating to the forces for the year one thouſand
ſeven hundred and twenty one; and any fum and fums of mo-
ney not exceeding one hundred fifty thouſand ſeven hundred
forty three pounds thirteen fhillings and four pence halfpenny,
for maintaining his Majefty's forces and garrifons in the planta-
tions, Minorca and Gibraltar, and for provifions for the garri-
fons at Annapolis Royal, Placentia and Gibraltar, for the year one.
thouſand ſeven hundred and twenty one; and any fum and fums
of money not exceeding fifteen thousand two hundred feventy
eight pounds eight fhillings and nine pence, upon account of
out-penfioners of Chelfea Hofpital for the year one thouſand feven
hundred and twenty one; and any fum and fums of money not
exceeding four thousand five hundred eighty one pounds nine-
teen fhillings and three pence, for defraying feveral extraordi-
nary expences for the fervice of his Majeſty's land forces for the
year one thouſand ſeven hundred and twenty, not provided for
by parliament; and any fum and fums of money not exceeding
ninety four thousand five hundred pounds, upon account of
half-pay for the year one thouſand ſeven hundred and twenty
one, to be paid to the reduced officers of his Majefty's land-
forces and marines: fubject nevertheleſs to ſuch rules to be ob-
ferved in the application of the faid half-pay, as are herein after
preſcribed in that behalf.
XLIII. And it is hereby enacted, That out of the aids and 72,000l. for
fupplies provided as aforefaid any fum or fums of money not making good
exceeding feventy two thoufand pounds fhall and may be iffued
the engage
ments with
and Sweden,
336
[1720.
Anno feptimo GEORCII I. ftat. I. C. 20.
23,9351. for
two Turkey
ſhips to be
burnt to pre-
vent infection.
The faid fup.
plies to be ap-
plied to no
other uses.
For the com-
army ac-
counts.
and applied for making good the engagements which his Maje-
ity hath entred into with the crown of Sweden; and any fum
or fums not exceeding twenty three thouſand nine hundred
thirty five pounds, to be applied to the fatisfaction of the ma-
fters, owners and freighters of the fhips Bristol Merchant and
Turkey Merchant, which are intended to be burnt or deſtroyed
for preſervation of his Majefty's fubjects against infection.
XLIV. And be it enacted, That the ſaid aids or fupplies pro-
vided as aforefaid thall not be iffued or applied to any uſe, in-
tent or purpoſe whatſoever, other than the ufes and purpoſes
before-mentioned.
XLV. Provided always, That fuch fums as by and in purſu
miflioners of ance of any other act or acts of parliament are or fhall be due
or payable to any commiffioners for taking, examining, ſtating
and determining the debts due to the army, for their falaries,
or for their clerks, or other incident charges, fhall or may be
paid out of the aids or fupplies aforefaid, or any of them; any
thing herein contained to the contrary notwithſtanding.
Rules to be
obferved in
the applica-
tion of the
half-pay.
XLVI. And as to the faid fum of ninety four thouſand five
hundred pounds by this act appropriated on account of half-pay
as aforefaid, it is hereby enacted and declared by the authority
aforefaid, That the rules herein after preſcribed fhall be duly
obferved in the application thereof; that is to ſay,
That no perfon hall have or receive any part of the fame,
who was a minor under the age of fixteen years at the time
when the regiment, troop or company in which he ferved was
reduced.
That no perfon fhall have or receive any part of the fame, ex-
cept ſuch perſons who did actual ſervice in ſome regiment, troop
or company.
That no perfon having any other place or employment of
profit, civil or military, under his Majeſty, ſhall have or receive
any part of the half-pay.
That no chaplain of any garrifon or regiment, who has any
ecclefiaftical benefice, or other preferment in Great Britain, or
Ireland, fhall have or receive any part of the faid half-pay.
That no perſon ſhall have or receive any part of the fame who
hath refigned his commiffion, and has had no commiffion fince.
That no part of the fame ſhall be allowed to any perſons, by
virtue of any warrant or appointment, except to fuch perfons
who would have been otherwiſe entitled to the fame, as reduced
officers.
And that no part of the fame fhall be allowed to any of the
officers of the five regiments of dragoons and eight regiments
of foot lately difbanded in Ireland, except to fuch as were lately
taken off the eſtabliſhment of half-pay in Great Britain.
CAP.
1720.] Anno feptimo GEORGII I. ftat. 1. C.21.
337
CAP. XXI.
An alt for the further preventing his Majefty's fubjects from
trading to the Eaft-Indies under foreign commiffions; and
for encouraging and further fecuring the lawful trade there-
to; and for further regulating the pilots of Dover, Deal,
and the ifle of Thanet.
WE
this act,
9
10 Ann. c. 28.
5 Geo. 1. c. 21,
HEREAS it is of importance to the welfare of this king- Farther provi-
dom, That the trade to and from the East-Indies, as the fions concerning
fame is now regulated, be carried on in fuch manner, as that the Bri- the matters in
tish nation may have and enjoy the full fruits and advantages thereof: Geo. 1. c.26.
and whereas by virtue of feveral acts of parliament and letters pa- 9 & 10 W. 3.
tents the whole trade to and from the Eaft-Indies and other places C. 44.
beyond the Cape of good Hope, in the faid acls and letters patents 6 Aun. c. 17.
mentioned, is now folely vested in the united company of merchants of 10
England trading to the East-Indies; notwithstanding which, and
notwithstanding the prohibitions, injunctions and penalties contain-
ed in fuch acts and letters patents for fecuring the faid trade
to the faid company, feveral evil-minded perfons, fubjects of his
Majesty, preferring their own private gain to the good of their
country, have not only clandeftinely, and without any authority from
the faid company, trafficked and traded to and from the Eaft-Indies,
but have alfo, by colour or upon pretence of commiffions obtained from
foreign governments, openly and publickly, in defiance of the faid
laws, and in contempt of his Majefty's authority, fitted out, manned
and loaded great and defenfible ſhips, and have fent out the fame or
failed therewith to the Eaft-Indies and parts aforefaid, and have pre-
vailed upon feveral British feamen, and other fubjects of his Maje-
ty, to ferve on board the faid ships and to engage in the fame under-
taking, to the diminution of his Majefty's revenue and of the naval
force and commerce of this kingdom: now to the intent that fuch
wicked, mifchievous and deftructive practices may be prevented
for the future, and that the trade aforefaid may be more effec-
tually guarded and fucceſsfully carried on: be it enacted by the
King's moſt excellent majefty, by and with the advice and con-
fent of the lords fpiritual and temporal and commons, in par-
liament affembled, and by the authority of the fame, That if
If after 24
at any time from and after the four and twentieth day of June
which fhall be in the year of our Lord one thoufand feven hun- June 1721,
any of his Ma-
dred and twenty one, any of his Majefty's fubjects fhall fail, go jefty's fubjects
or repair to, or ſhall trade, traffick or adventure in, to or from thall go or
the East-Indies or parts aforesaid, contrary to the laws now in traffick to or
being, or contrary to the tenor of this act, in every ſuch caſe Indies, con-
it thall and may be lawful, either for his Majefty's attorney ge- trary to law,
neral for the time being, or for the faid united company, at any the attorney
time within the ſpace of fix years, to file or exhibit, in any one general, &c.
of his Majefty's courts of record at Westminster, one or more in- may within
fix years file
formation or informations against fuch offender or offenders for an informa-
the offence by him or them committed; and if the party or tion against
parties, defendant or defendants, to fuch information or infor- fuch offender,
VOL. XIV.
who, if con-
mations,
Z
from the East-
+
338
[1720
Anno feptimo GEORGII I. ftat. 1. C. 21.
victed, fhall
be fined and
mations fhall, by due courſe of law, appear or be found to be
guilty thereof, in the court where fuch information or informa-
imprisoned at
the difcretion tions fhall be fo filed or exhibited, fhall forthwith proceed to
of the court; give judgment against the defendant and defendants, by fuch
but if acquit fine and impriſonment, or either of them, as the faid court ſhall
ted, ſhall have think fit; and (hall alfo award the proſecutor or profecutors his
and their full cofts of fuit; but in cafe the ſaid defendant or de-
fendants fhall be, upon any information exhibited by the faid
company, acquitted or found Not guilty, in fuch caſe the faid
company fhall pay fuch defendant or defendants his or their
full cofts.
full costs.
After 24 June
1721, all con-
tracts for loans
by way of
bottomry ou
any foreigners
fhips bound
for the East-
Indies, and
II. And it is hereby further declared and enacted by the au-
thority aforefaid, That all contracts and agreements whatſoever,
at any time from and after the faid four and twentieth day of
June one thoufand feven hundred and twenty one, made or en-
tred into by any of his Majefty's fubjects, or any perfon or per-
fons in truft for them, for or upon the loan of any monies
by way of bottomry on any ſhip or fhips in the fervice of fo-
for loading
reigners, and bound or defigned to trade in the Eaft-Indies or
fuch fhips, and parts aforefaid; and all contracts and agreements whatſoever
all copartner- made by any of his Majefty's fubjects, or any perſon or perfons
fhips, and a- in truft for them, for the loading or fupplying any fuch fhip or
wages, declar- thips with a cargo or lading of any fort of goods, merchandize,
treaſure or effects, or with any provifions, ftores or neceffaries,
and all copartnerships or agreements in the nature of copartner-
fhips, made or entred into, relating to any fuch voyage or the
profits thereof, and all agreements for the wages of any perfon
or perfons ferving on board fuch fhip or fhips to be employed in
fuch voyage, fhall be and are hereby declared to be void.
greements for
ed void.
Indies contra-
Any of his
III. And it is hereby further enacted and declared, That every
Majefty's fub- perfon and perfons, fubject and fubjects, of his Majefty, his heirs
jects repairing or fucceffors, who fhall at any time or times from and after the
to the East- faid four and twentieth day of June one thoufand feven hundred
ry to the laws, and twenty one fail, go or repair to the faid Eaft-Indies or places
ſhall be deem- aforefaid, contrary to the laws now in being, ſhall be deemed
ed a trader, and accounted to be a trader, and to have traded and trafficked
and all goods there; and all the goods and merchandizes that ſhall be there
in his cultody
fhall be for-
bartered or trafficked for, or be purchaſed by any fuch offender
feited. or offenders, or ſhall be found in his cuftody, or in the cuftody
of any other perſon or perfons by his, or their order or pro-
curement, thall be forfeited, together with double the value
thereof.
All goods
fhipped for
the Eaft-In-
IV. And it is hereby further enacted by the authority afore-
faid, That all and every the goods, merchandize, treaſure and
dies, or taken effects that ſhall at any time or times from and after the ſaid
out of ſhips four and twentieth day of June one thoufand ſeven hundred and
coming from twenty one be fhipped or put on board any ſhip or ſhips, veffel
thence (except or veffels, bound to the East-Indies or parts aforefaid (other than
goods of the and except the goods, merchandize, treaſure and effects of the
company, or
licenſed by
faid company, or fuch as are licenſed by them, or the naval
shem) forfeit- ftores, provifions and neceffaries for ſuch ſhip or ſhips perform-
ing
:
1720.]
339
Anno feptimo GEORGII I. ftat. 1. C. 21.
value.
forfeit roog l.
wages, &c.
ing their voyage) and all and every the goods, merchandize, ed, together
treaſure and effects (except as before is excepted) that fhall, from with double
and after the time aforefaid, be taken out of any fuch ſhip or
veffel in her voyage homeward from the East-Indies or parts a-
forefaid to England, before her arrival there, the ſame and every
of them ſhall be forfeited, together with double the value there-
of; and the mafter or commander, and other officers of fuch Maſters of
ſhip or ſhips, veffel or veffels, for the time being, knowingly per- fuch hips to
mitting or fuffering any fuch goods, merchandize, treafure or lofe their
effects to be ſhipped or put on board any fuch fhip or thips fo
bound to the Eaft-Indies, or to be taken out of any fuch fhip or fhips
bound from the Eaft-Indies or parts aforefaid to England, thall
forfeit for every fuch offence the ſum of one thouſand pounds,
and moreover fhall not be entitled to have, demand or receive
any wages whatſoever; nor fhall the faid company be obliged
or compelled or compellable to pay any wages to, or to the uſe
or upon the account of any fuch mafter, commander or officer,
for or in refpect of the voyage fo made or to be made by ſuch
maſter, commander or officer, but ſhall have an allowance or
deduction in reſpect thereof out of the monies payable by them
on account of the ſhip to which ſuch maſter or officers belong.
the exchequer
of fuch trad-
V. But forafmuch as it happens many times, that the above-men- Attorney ge-
tioned illegal trade is carried on and managed fo artfully and covertly, neral may ex-
that the faid united company cannot come to the knowledge and proof)
rhibit a bill of
of the fame, and at most cannot afcertain the quantities, qualities and complaint in
values of the goods, merchandize, treasure and effects fo traded for, againit ſuch as
nor therefore obtain any fatisfaction or compenfation for the damages trade, &c. tó
by them fuftained, to their great lofs and detriment, and to the great the Eaft-Indies
after 24 June
and apparent leffening of his Majefty's revenue: therefore it is pro-
vided and further enacted by the authority aforefaid, That it to law or a-
1731, contrary
ſhall and may be lawful to and for his Majeſty's attorney gene- gainft their
ral for the time being, at the relation of the faid company, or agents, &c.
by his own authority, to exhibit a bill or bills of complaint in for difcovery
his Majeſty's court of exchequer against any perſon or perfons ing, &c. and
trading, dealing, trafficking or adventuring, at any time from waiving the
and after the ſaid twenty fourth day of June one thouſand ſeven penalties, &c.
hundred and twenty one, in, to or from the East-Indies, or
places aforefaid, contrary to law, or against any perfon or per-
fons concerned as agent, factor or copartner with fuch illegal´
traders, for diſcovery of fuch their trading, dealing, trafficking
and adventuring, and for recovery of fuch duties and damage
as are herein after mentioned, waiving or diſclaiming in every
fuch bill all the penalties and forfeitures incurred by fuch perfon
or perfons for the matters in fuch bill contained; and that ſuch ſuch perſon,
perfon or perſons ſhall anſwer the ſaid bill or bills, and not plead
fhall answer,
or demur to the diſcovery thereby fought, and pay to his Ma- and not plead
jeſty the cuſtoms and duties of the goods and merchandize arifing, the faid bills,
produced or purchaſed by the ſaid unlawful trade, traffick or and pay the
adventuring, and fhall anſwer and pay to the faid company for customs, &c.
the fame thirty pounds per centum according to the value there-
of in England; and if fuch offender or offenders pay the faid
duties
Z 2
or demur to
34Q
Anno feptimo GEORGII I. ftat.1. C. 21. [1720.
duties and cuſtoms, or the amount of the fame, into his Maje-
fty's exchequer for the uſe of his Majefty, and damages to the
faid company, he or they fhall not be profecuted upon any other
branch or article in this act, or upon any other law or ſtatute
whatſoever, for the fame offence; and if fuch bill or bills (if
exhibited at the relation of the faid company) be difmiffed by
the court where the ſame ſhall be exhibited, the faid united com-
pany ſhall pay every fuch defendant and defendants his and their
cofts of fuit; and in cafe there be a decree obtained againſt the
paid by either defendant or defendants, fuch defendant or defendants fhall pay
cofts to his Majeſty and the relator reſpectively.
Coſts to be
fide.
Forfeitures
C. 44.
6 Ann. c. 3.
and 5 Geo. 1.
c. 21. to be re-
covered by
bill, &c. one
third to the
King, one
other to the
company, and
the remaining
third to the
officers of the
cultoms that
VI. And it is hereby further enacted by the authority afore-
appointed by faid, That all and every the forfeitures and penalties herein be-
this act, or by fore appointed and enacted, or which are appointed or enacted
9 & 10 W. 3.
in and by one act made in the ninth year of the reign of his
late majeſty King William, intituled, An act for raiſing a fum not
exceeding two millions upon a fund for payment of annuities after
the rate of eight pounds per centum per annum, and for fettling
the trade to the Eaſt-Indies; or in and by one other act made in
the fixth year of the reign of her late majefty Queen Anne, in-
tituled, An act for better fecuring the duties of Eaft-India goods;
or in and by one other act made in the fifth year of the reign of
his preſent Majefty, intituled, An act for the better fecuring the
lawful trade of his Majeſty's ſubjects to and from the Eaft-Indies
and for the more effectual preventing all his Majesty's fubjects trading
thither under foreign commiffions, fhall from and after the faid four
and twentieth day of June one thouſand ſeven hundred and
twenty one, be ſued for, recovered and recoverable in any of
his Majeſty's courts of record at Westminster, by bill, plaint or
information, at the fuit or profecution of his Majeſty's attorney
general for the time being, or of the faid united company, or
of any officer or officers of the cuſtoms, fuch officer or officers
of the cuſtoms firſt taking ſuch conſent and directions as is or
are contained in the provifo for that purpoſe hereafter; and that
one third part of all fuch forfeitures and penalties fhall be to the
ufe of his Majefty, his heirs and fucceffors; one other third
part thereof to the ufe of the faid united company; and the re-
maining third part thereof to the ufe of fuch officer or officers
of the cuſtoms as ſhall inform, and fo as aforefaid fue for the
fame; in which fuits or profecutions no effoin, wager of law or
protection ſhall be allowed, or any more than one imparlance.
fhall fue for
the fame.
Officers not to
fue without
acquainting
the court of
directors, who,
if they chufe
VII. Provided nevertheleſs, and it is hereby further enacted
and declared, That before any fuit or profecution fhall be com-
menced for the recovery of all or any the penalties or forfeitures.
aforefaid, by any fuch officer or officers of the cuſtoms, fuch
officer or officers fhall firft repair and go to the court of directors
of the faid united company for the time being, and make known
to them the offence committed, and his or their intentions to
fue or profecute for the fame; and if the faid court of directors
ſhall elect to have the fuit or profecution brought or commen-
quarter part ced by bill or bills of complaint, to be filed or exhibited in the
to fue in the
attorney ge-
neral's name,
fhall pay fuch
officers one
court
1720.]
341
Anno feptimo GEORGII I. ftat. 1. c. 21.
bear the
court of exchequer, with fuch waiver and diſclaimer of the pe- of the monies
nalties and forfeitures, as aforesaid, then and in fuch cafe fuch recovered, and
bill or bills of complaint fhall be filed and exhibited, and profe- charges,other-
cuted accordingly, in the name of the attorney general, as a- wife the offi-
forefaid, and then and thereupon there fhall be yielded and paid cers fhall pro-
fecute, and not
by the faid company to fuch officer or officers one quarter part diſcontinue,
of the monies that fhall be recovered upon fuch fuit, for the &c. without
benefit of the faid company; and the faid united company fhall confent of the
moreover bear the charges of the ſaid fuit or profecution; but company.
if the faid court of directors ſhall elect to have the ſuit or proſe-
cution commenced for the penalties or forfeitures by informa-
tions or actions of debt at law, then the faid officer or officers
hall accordingly fue and profecute for the fame at law; and the
faid information or actions fhall be proceeded upon, and fhall
not be diſcontinued or determined, but by and with the confent
of the ſaid united company, or their court of directors.
VIII. Provided always, That this act or any thing herein Not to extend
contained ſhall not extend, or be conſtrued, deemed or taken to to the Levant
extend, to fubject the governor and company of merchants of company.
England trading into the Levant Seas, or any member thereof,
to anſwer fuch bill, or ſubject him or them to any other the pe-
nalties and forfeitures hereby enacted, for or in refpect of his
or their trading into the Levant Seas; any thing herein contain-
ed to the contrary in any wife notwithſtanding.
loaden in
IX. And it is further enacted by the authority aforefaid, That After 24 June
from and after the faid four and twentieth day of June one thou-1721. Eat-In-
dia goods car-
fand ſeven hundred and twenty one, no commodity of the ried into Ire-
growth, product or manufacture of the East-Indies, or other land, Jerfey,
the places aforefaid, fhall be imported or carried into the king- &c. except
dom of Ireland, the islands of ferfey, Guernsey, Alderney, Sark fuch as are
or Man, or into any land, ifland, plantation, colony, territory Great Britain,
or place, to his Majefty, or to the crown of Great Britain be- ſhall be for-
longing, or which shall hereafter belong to his Majefty, his feited, toge-
heirs and fucceffors, in Africa or America, but fuch only as fhall ther with the
be bona fide, and without fraud, loaden and fhipt in Great Bri- Amended by
fhip, &c.
tain in hips navigated according to the feveral and refpective 12Geo.2. C.22.
laws now in being, as to the feveral places to which the faid
goods fhall be imported or carried, under the penalty of forfeit-
ing all fuch goods, or the value thereof, together with the fhip
or veffel in which they fhall be imported, with all her guns,
tackle, furniture, ammunition and apparel; and fuch ſhip and
goods fhall and may be ſeized, and the fame, or the value there-
of, fhall and may be profecuted in any of his Majesty's courts
of record at Westminster, or in Dublin, or in any of his Maje-
fty's courts in fuch land, iſland, colony, territory or place where
the offence ſhall be committed, or in the royal courts of Jersey
and Guernſey refpectively, by bill, plaint or information, where-
in no effoin, protection or wager of law fhall be allowed, nor
any more than one imparlance; one moiety of which forfeiture How fuch for-
fhall be to the ufe of his Majefty, his heirs and fucceffors, and feiture ſhall be
the other moiety to him or them who fhall feize or fue for the difpofed ot.
fame;
Z3
342
[1720.
Anno feptimo GEORGII I. ftat.r. C. 21.
cultoms con-
fame; except fuch offence ſhall be committed in any of his Ma-
jefty's plantations in Africa or America, in which caſe one third
part of the faid forfeiture ſhall be to the uſe of his Majefty, his
heirs and fucceffors, one other third part to the governor of
fuch land, ifland, colony or place where the offence fhall be
committed, and the other third part to the informer or profe-
Officers of the cutor; any law, cuftom or ufage to the contrary notwithſtand-
niving at fuching: and if any officer or officers of the cuſtoms in the faid king-
importation, dom of Ireland, or in the lands, iflands, colonies, plantations,
or delaying territories or places aforefaid, fhall willingly or knowingly con-
the profecu- nive at the fraudulent importation of any fuch commodities as
tion, to for-
is before-mentioned, contrary to the true meaning hereof; or
feit 5001 and
if
be incapable any fuch officer or officers fhall take upon him or them to
of any office feize any of the faid commodities, and fhall by fraud or collu-
fion, defiſt or delay the profecution thereof to condemnation
he or they fo conniving, defifting or delaying, fhall forfeit and
lofe the fum of five hundred pounds, to be fued for and reco-
vered in manner aforefaid; one moiety of which forfeiture to be
to the uſe of his Majefty, his heirs and fucceffors, and the other
moiety thereof to him or them who will inform and fue for the
fame; and fuch officer or officers fhall alfo for the future be in-
capable of holding any office or imployment under his Majeſty,
his heirs and fucceffors.
under the
crown,
←
& < W. &
5
M. C. 5.
;
X. And whereas by an act paſſed in the fourth year of the reign
of King William and Queen Mary, for granting to their Majesties
certain additional impofitions upon feveral goods and merchandizes,
for the profecuting the war against France, the feveral duties charged
by that act upon amber beads, amber rough, coral beads, and poliſhed
coral, and upon cowries, are to be repaid to the merchants exporting
the fame, if exported within three years from the importation thereof,
which act is now in force: and whereas by feveral other acts of par-
liament now in force, the time for exportation of fome foreign goods
by British merchants is limited to the space of twelve months, and of
other foreign goods to the space of eighteen months, or thereabouts,
from the times of the importation thereof: and whereas the time for
exportation of fome foreign goods, by aliens or merchant ftrangers, is
limited to the ſpace of nine months, and of others to the pace of
fifteen months, or thereabouts, from the times of importing the fame;
but forafmuch as it hath been found by experience, that the faid re-
Spective times of nine months, twelve months, fifteen months, and
cighteen months afore-mentioned, are too short, and very inconvenient
to traders; and for as much alſo as it will be for the benefit of the
trade of this kingdom, if the time given for repaying or drawing
back the duties upon the exportation of all goods and merchandizes of
his Majefty's plantations, and all other foreign goods and merchandizes
After 24 June whatsoever, be enlarged; be it therefore further enacted by the
years allowed authority aforefaid, That the refpective times for exportation of
all goods and merchandizes of his Majefty's plantations, and all
other foreign goods and merchandizes, as the fame are now li-
mited by any law or laws in being, fhall from and after the faid
twenty fourth day of June one thousand feven hundred and
10 Ann. c. 26.
1 Geo.1. itat.2.
F. 43. fect. 5.
fect. 41.
1721. three
for the expor-
tation of fo-
reign goods,
after the im-
portation
thereof.
twenty
i
1720.]
Anno feptimo GEORGII I. ftat. I. C. 21.
343
کو
twenty one, be extended and enlarged, fo that in all cafes where
repayments, allowances or drawbacks are made upon the expor-
tation of any goods and merchandizes of his Majeſty's planta-
tions, and all other foreign goods and merchandizes imported,
and afterwards exported, by virtue of any law now in force, all
merchants and traders, bodies politick and corporations, fhall
ſhall from thenceforth have and be allowed three years time,
from the importation of fuch goods, to export the fame, ac-
counting ſuch importation from the mafter's report of the thip;
and all and every fuch merchant and merchants, trader and
traders, bodies politick and corporations, thall have the like.
repayments, allowances and drawbacks by and for fuch expor-
tation, as if the fame had been exported within the reſpective
times before-mentioned, or any other times limited by any law Butcertificates
now in being for that purpoſe; fuch law, or any other law, rule, and oaths fhall
cuſtom or uſage to the contrary in any wife notwithſtanding: be made ac-
Provided nevertheleſs, That certificates and oaths be made, and cording to the
all other requifites performed according to the laws now in being laws now in
being.
relating to the importation and exportation of ſuch goods.
lins, white cal-
C. 3.
12 Ann. ftat.z.
c. 19.
XI. And whereas by the feveral acts which granted the duties of Claufe for en-
fifteen per centum upon muflins and white callicoes imported (which largingtothree
acts are now in force), the importers before the landing thereof, are to years the time
give fecurity by bond for payment of the faid duties, as foon as the for fale of muf-
fame shall be fold, and for expofing the faid goods to fale openly and licoes, and un-
fairly by way of auction or inch of candle, within the city of London, rated Eaft-In-
within the time of twelve months after the importation thereof; and dia goods.
in cafe the faid goods fhall, within the time limited, be fairly fold, as 11 & 12 W. 3.
aforefaid, and in cafe the importers shall pay down the faid duties 12 & 13 W. 3.
in ready money, within twenty days after fuch fale, they are to have c. 11.
an allowance after the rate of five pounds for every one hundred 3 & 4Ann. c. 4.
pounds of duties fo paid: and whereas by feveral acts of parliament 6 Ann. c. 22.
now in force for granting, continuing, and better fecuring the duties
payable ad valorem upon unrated Eaft-India goods, and for afcer-
taining the values according to which fuch duties fhall be paid, the
importer or importers thereof are, in like manner, to give fecurity by
bond for payment of the faid duties according to the real values of the
faid goods, to be afcertained according to the respective acts of parlia-
ment in that behalf made (except coffee) as foon as the faid goods fhall
be fold, and alſo for expofing the faid goods to fale openly and fairly feff. 2. c. 4.
by way of auction, or by inch of candle, within the city of London, 7 & 8 W. 3.
within the time of twelve months after the importation thereof; and c. 10.
for as much as the reftraining the faid mufins, white callicoes, and 2 & 3Ann. c.9.
unrated Eaft-India goods to be fold within twelve months from the
importation thereof, may fome times be detrimental to the revenue; and
that the inlarging the faid time of fale will be for the benefit of the
trade of this kingdom: be it therefore enacted by the authority
aforefaid, That for fuch of the faid goods as are at prefent im-
ported and unfold, or fhall, from and after the faid four and
twentieth day of June one thoufand feven hundred and twenty
one, be imported, the importer or importers thereof may, at
any time within the ſpace of three years from the importation
2 W. & M.
Z 4
of
344
[1721-
Anno feptimo GEORGII I. flat. 1. C.21.
3&4 Ann. c. 4.
Claufe for re-
pealing fo
much of any
certificate,
of ſuch reſpective goods, expoſe the ſame to fale, and after fuch
fale there fhall be allowed the like diſcounts on payments of the
reſpective duties on fuch goods, as if the fame had been expoſed
to fale within the time of twelve months, as before-mentioned,
or any other time heretofore limited by law; and from and after
the faid four and twentieth day of June one thouſand ſeven
hundred and twenty one, the condition of the bond or bonds
to be given by the importers for payment of the faid duties on
the goods before-mentioned, fhall be to expofe the ſame to fale
within the ſpace of three years from the importation thereof;
and the importer or importers of the ſaid goods fhall be intitled
to the fame difcounts, allowances, and payment of the duties
upon the faid goods, as if the fame had been fold within the
faid time of twelve months; any law, ufage or cuſtom to the
contrary notwithſtanding.
XII And whereas by an act passed in the third year of the reign
of her late majesty Queen Anne, for continuing duties upon low wines,
and upon coffee, tea, chocolate, spices and pictures, and upon hawk-
former act, as ers, pedlars and petty chapmen, and upon muſlins, and for granting
relates to, cr new duties upon feveral of the faid commodities, and alſo upon callico,
allows the im- China ware and drugs; it is enacted, That any perſon or per-
porting of tea fons may import into this kingdom tea, fubject to the feveral
by licence or duties payable for the fame, from any parts beyond the feas, in
British hips, navigated as therein mentioned, fo as notice be
firſt given to the commiffioners of her Majeſty's cuſtoms of the
quantity and quality of the faid tea ſo intended to be imported,
and the place in which they intend to import the fame, and tak-
ing a licence under the hands of the faid commiffioners for the
time being, or any three of them, for the landing and import-
ing thereof, as aforefaid, which act hath been fince continued,
and is now in force: and whereas the method of granting thoſe
licences, by an act paſſed in the laſt feffion of parliament, in-
6 Geo. 1. C. 21. tituled, An act for preventing frauds and abuſes in the publick re-
venues of excife, customs, ftamp-duties, poſt-office, and houfe-money,
is altered and explained: and whereas under the colour of fuch
licences great frauds are committed, to the prejudice of his Ma-
jeſty's revenue; and forafmuch as it hath been found by experi-
ence, That the allowing the importation of tea, by virtue of
fuch licences or certificates from Oftend, and other places, not
being the place of its growth, tends to promote the illegal trade
carried on by his Majefty's fubjects to the Eaft-Indies under fo-
reign commiffioners, and in conjunction with foreigners, and is
very prejudicial to the trade and navigation of this kingdom;
For the preventing thereof, be it enacted by the authority afore-
faid, That from and after the faid four and twentieth day of
June one thouſand ſeven hundred and twenty one, ſo much of
the faid act of the third year of her faid late Majeſty, and of the
feveral acts continuing the fame, and fo much of the faid act of
his prefent Majefty which paſt the laſt feffions of parliament, and
every other act which relates to or allows of the importing tea
by licence or certificate, as aforesaid, ſhall be, and the fame are
hereby
1
1720.]
345
Anno feptimo GEORGII I. ftat. I. C. 21.
hereby repealed, annulled and made void, to all intents and
purpoſes whatſoever.
XIII. And be it further enacted by the authority aforefaid, Eaft-India
That the faid united company fhall for the future be allowed to company may
ſhip out ftores, provifions, utenfils of war, and neceffaries for fhip out flores
maintaining their garriſons and fettlements, free of all duties, free; fuch du-
of war duty-
fo as fuch duties, if they had been to be paid, would not have ties not ex-
exceeded or do not exceed in any one year the fum of three ceeding 300l.
hundred pounds.
in one year.
of the commif-
pilotsat Dover,
XIV. And whereas frauds are frequently committed in clandeftine- Clauſe impow-
ly running of goods out of ships and veffels homeward bound, as well ering the lord
from the Eaft-Indies as other parts, on pretence of boats plying with warden of the
pilots for fuch hips and veffels at a great distance from the proper cinque-ports,
Stations of fuch pilots, by means whereof they escape the inspection with the affent
of the officers of the customs, and several mischiefs and inconvenien- tioners of load-
cies have happened, as well to his Majesty's as to merchant ships, ty manage, &c.
the diforders and negligences of pilots refiding at Dover, Deal, and to make orders
the isle of Thanet, which are not fufficiently prevented by an act made for the better
in the third year of his prefent Majesty's reign, intituled, An act government of
for the better regulating of pilots and conducting of fhips and Deal, &c.
veffels from Dover, Deal, and the ifle of Thanet, up the river 3 Geo. 1. c. 13.
of Thames and Medway; be it therefore enacted by the authority ioGeo.1. c.17.
aforefaid, That it ſhall and may be lawful to and for the lord
warden of the cinque ports for the time being, or his deputy,
with the affent of the commiffioners of load-manage, and of the
maſters and wardens of the fociety or fellowſhip of pilots of the
Trinity-Houfe of the cinque ports, or the major part of them,
at an affembly commonly called a court of load-manage, to be
held by the ſaid lord warden or his deputy, during the continu-
ance of the faid act of the third year of his Majeſty's reign, to
make fuch rules and orders for the better government and regu-
lation of the pilots refiding at Dover, Deal, and the ifle of Tha-
net, as fhall be thought fit and convenient, and to order and di-
rect a proportionable and fufficient number of the refpective pi-
lots, refiding at Dover, Deal, and the ifle of Thanet, not leſs than
eighteen, to ply conftantly at fea, at all feaſonable times, to be
ready to conduct fuch fhips and veffels up the faid rivers of
Thames and Medmay, as fhall have occafion for them; and that
it fhall and may be lawful to and for the faid lord warden of the
cinque-ports for the time being, or his deputy, during the con-
tinuance of the faid act, with the affent of the faid commiflioners,
and the mafter and wardens of the faid fociety or fellowthip,for the
time being, or the major part of them, at a court of load-ma-
nage to be held, as aforefaid, to fufpend or deprive any of the
faid pilots for breaking fuch rules or orders, or omitting any
thing required by the fame, or for acting in any wife contrary to
fuch rules or orders; and if any of the faid pilots fo fufpended
or deprived, during the time of fuch fufpenfion or deprivation,
fhall take upon him or themſelves to conduct any fhip or veſſel
by or from Dover, Deal, or the ifle of Thanet, to any place or
places in or upon the faid river of Thames or Medway, fuch pilor
OF
346
Anno feptimo GEORGII I. ftat. 1. C. 22,-25. [1720.
or pilots ſhall be liable to all fuch pains and penalties, to be reco-
covered and applied in like manner and form 'as are provided by
the faid act of the third year of his preſent Majefty, againſt fuch
perfon or perſons as fhall conduct fhips from and to the places
aforefaid, without being firft examined and approved by the
maſter and wardens of the faid fociety or fellowship at the faid
court, and admitted into the faid fociety. This claufe is continued
by 10 Geo. I. c. 17. fect. 2. and 8 Geo. 2. c. 21. and 23
Geo. 2.
c. 26.
CAP. XXII.
An act for enabling Charles earl of Arran to purchaſe the forfeited eftate
of James Butler, late duke of Ormonde; and for granting relief to
William late lord Widdrington; and for enlarging the time for deter-
mining claims upon the forfeited eftates; and for enabling the commif-
fioners for the faid forfeited eſtates to certify into the exchequer all fuch
eſtates as they have found to be given to popiſh or fuperftitious uſes.
Charles earl of Arran declared purchaſer of all the forfeited eſtate of James
late duke of Ormonde in Ireland, for the fum of 50,000l. Claufe for veft-
ing the ſaid late duke's eſtate in truſtees, for the ufes expreffed in this act.
All debts, &c. due to the late duke in Ireland, not fold by the commif-
fioners, veſted in the earl of Arran. Monies received out of the late duke's
forfeited eſtate, &c. remaining in the treaſury of Ireland or exchequer of
Great Britain, made liable to diſcharge the debts charged thereon. Sav-
ing to the crown of all rights before the attainder. Not to extend to revive
the regalities of the county of Tipperary. Clauſe in favour of the late
lord Widdrington. The powers enlarged and continued by the act
Geo. 1. c. 22. further continued to 24 June 1722, and to the end of the then
next feffion. The commiffioners appointed by 1 Geo. 1. c. 50. fhall cer-
tify into the exchequer all fuch meffuages, &c. as they ſhall find to be given
to fuperftitious ufes; upon which certificate the court fhall proceed as if
the fame had been found by inquifition.
CAP. XXIII.
An act for repairing the feveral roads leading from the town of Ledbury
in the county of Hereford, to the feveral places therein mentioned,
The toll granted by this act is to have continuance from 24 June 1722, for
21 years. Continued by 15 Geo, 2. c. 17,
CAP. XXIV.
An act for repairing the road from Wendover to the town of Buckingham
in the county of Bucks.
The toll granted by this act is to have continuance from the 25th of March
1722, for 21 years. Continued by 15 Geo. 2. c. 5.
CAP, XXV,
An act for laying a duty of two pennies Scots, or one fixth part of a penny
fterling, upon every Scots pint of ale or beer that ſhall be brewed for fale,
vended or tapped within the town of Jedburgh and privileges thereof,
for paying the publick debts of the faid town, and for fupplying the
fame with fresh water, and for other purpoſes therein mentioned.
The duty granted from 24 June 1721, for 21 years, &c.
I
CAP.
1720.]
Anno feptimo GEORGII I. ftat. 1. C.26,27. 347
+
CAP. XXVI.
An act for repairing the road from St. Giles's pound to Kilbourne-Bridge
in the county of Middleſex.
The toll granted by this act is to have continuance from June 24, 1721,
for 21 years. Continued by 17 Geo. 2. c. 4.
CAP. XXVII.
An alt for raiſing a fum not exceeding five hundred thouſand
pounds, by charging annuities at the rate of five pounds
per centum per annum upon the civil lift revenues till re-
deemed by the crown; and for enabling his Majesty, his
beirs or fucceffors, (by causing fuch a deduction to be made
as therein is mentioned) to make good to the civil lift the
payments which ſhall have been made upon the faid annu-
ities; and for borrowing money upon certain lottery-tick-
ets; and for difcharging the corporations for affurances of
part of the money which they were obliged to pay to his
Majefty; and for making good a deficiency to the Eaft-In-
dia company.
Mc
OST gracious Sovereign, Whereas by an act of parliament ■Geo.1.ftat.11
made and paſſed in the first year of your Majesty's reign, in- c. 1.
tituled, An act for the better fupport of his Majeſty's houfhold
and of the honour and dignity of the crown of Great Britain,
Several rates and duties of excife, and a further fubfidy of tonnage
and poundage, and other duties or revenues, were granted or conti-
nued during your Majeſty's life (which God long preferve) and the
fame, with feveral hereditary duties and revenues therein particu-
larly Specified (except as therein is excepted) were thereby enacted and
declared to be for the support of your Majefty's houshold and the ho-
nour and dignity of your crown, fubject to fuch incumbrances and
favings as in the faid act are expreffed: and in and by another act of 1Geo.1 .ſtat,z.
the faid first year of your Majesty's reign (made among other things). c. iz.
for enlarging the fund of the governor and company of the bank of
England relating to exchequer-bills, and for fettling an additional
revenue of one hundred and twenty thousand pounds per annum up-
on your Majefty during your life, provifion was made for payment
of the faid yearly fum of one hundred and twenty thousand pounds
for the fervice of your Majesty's houshold and family, and other
your necesary expences and occafions, during your Majeſty's natural ·
life, out of the monies of the fund, commonly called the aggregate
fund, therein mentioned and defcribed, in the courfe and manner
thereby prefcribed: and in and by the act laft mentioned, it is pro-
vided and enacted, That if the revenues fettled or appointed for the
fervice of your Majefty's houfhold, and of the honour and dignity of
your crown, by the act first above recited, together with the faid ad-
ditional revenue of one hundred and twenty thousand pounds per an-
num, fhould, from the feast of Saint Michael the Archangel
which
:
?
348
Anno feptimo GEORGII I. ftat. 1. C. 27. [17207
which was in the year of our Lord one thouſand ſeven hundred and
fifteen, at any time during your Majesty's life produce in clear money
more than the yearly ſum of ſeven hundred thousand pounds, then the
overplus of fuch produce should go and be applied to fuch publick uses
as in and by the act last before recited are prefcribed, as in and by
the ſaid ſeveral acts (relation being thereunto respectively had) may
more fully appear: and whereas by reafon of feveral extraordinary
expences arifen fince the making the faid recited acts, divers arrears of
falaries, wages, diet-monies and other allowances, and fundry debts
for exemptions, proviſions and other caufes, bave incurred and grown
due to your Majefiy's fervants, tradesmen and others, and do now
remain unsatisfied, amounting to a very confiderable fum in the whole:
now we your Majeſty's moſt dutiful and loyal fubjects, the com-
mons of Great Britain in parliament affembled, being defirous
that your Majeſty, in the adminiftration of your civil govern-
ment, may not remain under any difficulties in reſpect of the
arrears and debts contracted as aforefaid; and that therefore a
fum not exceeding five hundred thousand pounds may be raiſed,
to enable your Majefty to diſcharge debts and arrears, by fale of
annuities, to be charged and fecured upon a yearly fund to be
anfwered and paid out of the faid revenues, but to be redeema-
ble by ſuch ways and means, and in ſuch manner and form, as
hereafter by this act are prefcribed, do moft humbly pray your
Majeſty, That it may enacted; and be it 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 prefent
From 24 July parliament affembled, and by the authority of the fame, That
1721, a certain yearly and every year, from and after the feaſt of the nativity of
yearly fund to Saint John Baptift in the year of our Lord one thouſand feven
be computed
at gl. per cent. hundred and twenty one, a certain yearly fund, to be computed
after the rate of five pounds per centum per annum, for and upon
all the annuities to be purchaſed on this act, is and fhall, by force
and virtue of this act, be fettled and eſtabliſhed, and be paya-
ble in the manner and form herein after expreffed and declared,
for fatisfying and diſcharging the fame annuities from time to
time, until the fame fhall be redeemed by his Majefty, his heirs
or fucceffors, according to the true intent and meaning of this
c. 20. f. 32. prefent act; nevertheleſs the faid yearly fund fhall be fubject to
11Geo.1.c.17. a proportionable reducement or abatement upon redemption of
12 Geo. 1. c. 2. part of the faid annuities, according to the provifo or power of
redemption herein after contained in that behalf.
to be ſettled
for all the an-
nuities to be
purchaſed on
this act, till
redeemed.
Farther provi-
fion relating
hereto, 8Geo.1.
The fund to
all the reve.
nues heredita-
ry and tempo,
rary, during
his Majesty's
life,
II. And it is hereby enacted by the authority aforefaid,
be charged on That the faid yearly fund, after the rate of five pounds per cen-
tum per annum (ſubject nevertheleſs to fuch proportionable re-
ducement or abatement upon redemption of part of the faid an
nuities as is provided by this act) is and fhall, by virtue of this
act, be charged and chargeable upon and be payable out of all
the revenues, additional revenues, duties and branches whatſo-
ever, fettled or appointed for the ſupport of his Majeſty's houſ-
hold and the honour and dignity of the crown as aforefaid, as
well thoſe which are hereditary in the crown, as thoſe which were
granted
1620.]
349
Anno feptimo GEORGII I. ftat. 1. c.27.
granted during his Majefty's life, and every of them, for and
during the whole time and term of his Majefty's natural life
(which God long preſerve) unleſs all the ſaid annuities (hall foon- unleſs ſooner
er be completely redeemed according to the provifo and power redeemed.
of redemption herein after contained in that behalf; and that
the fum and fums of money, which from time to time, during
his Majeſty's life, fhall be iffued or paid for or upon the ſaid
yearly fund, after the faid rate of five pounds per centum per an-
num, ſhall be and be deemed and reckoned to be part of the year-
ly fum of feven hundred thousand pounds above-mentioned.
III. And it is hereby enacted by the authority aforefaid, In cafe of his
That in cafe of his Majeſty's demife before the complete redemp- Majeſty's de-
tion of all the ſaid annuities, then the ſaid yearly fund after the mife, the fund
to be charged
rate of five pounds per centum per annum (ſubject nevertheless to on the heredi-
fuch proportional reducement or abatement as aforefaid) is and tary revenues.
fhall, by virtue of this act, be charged and chargeable upon and
be paid and payable out of the hereditary revenues, duties and
branches before-mentioned, and every of them, until the com-
plete redemption of all the faid annuities to be purchaſed upon
this act; and that all the payments for or upon the faid yearly
fund, fhall be made with preference to all other payments what-
foever, which ſhall or may hereafter be charged upon the ſaid re-
venues, duties or branches, or any of them.
IV. Provided always, and it is hereby enacted by the autho-
rity aforeſaid, That this act, or any thing therein contained, fhall Not to preju
not extend or be conſtrued to make void, alter or prejudice any mer difpofi-
dice any for-
difpofition, appropriation, appointment, matter or thing what- tions, &c.
foever contained, faved, excepted or allowed in any former act or
acts of parliament, of or concerning any the revenues, duties or
branches aforefaid, or in any manner to prejudice any penfions
or annuities charged and to be paid out of the faid hereditary
revenues, or any of them, by or in purſuance of any act or acts
of parliament, or by virtue of any grants or letters patents made
or granted by any of his Majefty's royal predeceffors, Kings or
Queens of this realm, but that the fame difpofitions, appropria-
tions, appointments, matters and things fhall continue and be in
force, and ſhall take effect and be obſerved, as if this act had not
been made; and the faid laft mentioned penfions and annuities
fhall remain due and fhall be paid, but fhall not be deemed or
reckoned to be part of the faid yearly fum of feven hundred thou-
fand pounds, during his Majeſty's life.
V. And for raifing any fum or fums of money not exceeding
in the whole five hundred thouſand pounds, for the purpoſes a-
forefaid; be it further enacted by the authority aforefaid, That Any perfons
it ſhall and may be lawful to and for any perfon or perfons, na- may contri-
tives or foreigners, bodies politick or corporate to contribute, bute to the
advance and pay to the firft or chief cashier of the governor and
chief caſhier of
the bank any
company of the bank of England for the time being, at or be- fum not ex-
fore the reſpective days and times in this act limited in that be- ceeding
half, any fum or fums of money not exceeding in the whole the 500,000l.
faid fum of five hundred thousand pounds, for the purchaſe of
any
350
[1720.
Anno feptimo GEORGII I. ftat.1. C.27.
any annuity or annuities, to commence from the faid feaſt of the
nativity of Saint John Baptist one thouſand ſeven hundred and
twenty one, and to be paid and payable to ſuch contributor or
contributors, or fuch as he, fhe or they ſhall nominate, his, her
or their executors, adminiftrators, fucceffors and afligns refpect-
ively, until the fame fhall be redeemed according to the provi-
foes and power of redemption herein after contained in that be-
Caſhier first to half, fo as fuch cafhier or cafhiers do firft give fecurity to the good-
give fecurity. liking of any three or more of the commiffioners of his Majeſty's
treaſury now being, or the high treaſurer or commiffioners of the
treaſury for the time being, for duly anſwering and paying into
the receipt of the exchequer, for the purpoſes before-mentioned,
the monies which ſhall be ſo advanced or contributed, and to
Annuities to
account duly for the fame; which annuities before-mentioned
be computed fhall be computed after the ſaid rate of five pounds per annum
at 51. per cent. for every one hundred pounds, and proportionably for any great-
er fum ſo to be advanced or paid; and the purchaſe-money for
every ſuch annuity, at the rate aforefaid, is hereby appointed to
be paid to the faid cafhier as aforefaid, at or before the refpect-
ive days or times herein after limited; that is to fay, one moiety
Times of pay- or half-part thereof on or before the eleventh day of September
ing the pur- one thouſand ſeven hundred and twenty one; one other moiety
chaſe-money. or half-part thereof on or before the tenth day of November one
per ann.
thouſand ſeven hundred and twenty one; all which annuities fo
to be purchaſed ſhall be paid and payable at the four moſt uſual
Annuitiestobe feafts in the year; that is to fay, the feafts of Saint Michael the
paidquarterly. Archangel, the birth of our Lord Christ, the annunciation of the
bleffed Virgin Mary, and the nativity of Saint John Baptiſt, by
even and equal portions, or within fix days after every of the
The firſt pay- faid feaft-days; the first payment thereof to be due at the feaſt
ment at Mich. of Saint Michael the Archangel in the year of our Lord one thou-
fand ſeven hundred and twenty one, or within fix days after the
fame feaſt-day: nevertheleſs the ſaid annuities ſhall be redeem-
Theſe annuities
are redeemed able, as is afterwards in this act provided in that behalf.
1721.
11Geo.1.c.17.
Contributors for prompt payment allowed 61. per cent. for monies ad-
vanced before 11 Sept. 1721. A book to be kept in the accountant gene-
ral's office; and an attefted copy thereof to be tranfmitted to the auditor
of the receipt by 25 March 1722. Contributors to enjoy their annuities
free from taxes. So much of the civil lift revenues to be fet apart week-
ly, as ſhall be fufficient to diſcharge the annuities quarterly. Bank to ap-
point a chief cashier and an accountant general. All the monies contri-
buted to be one capital ſtock, and transferrable. A transfer-book to be
kept in the chief accountant's office. No ftampt duties for transfers. Ac-
ceptors of stock from contributors, who have paid only part of the con-
tribution money, liable to pay the reſidue.
XIX. And to the end his Majesty, his heirs and fucceffors,
may be enabled to reimburſe himſelf or themſelves fuch fum and
fums of money as in purſuance of this act fhall have been iffued
or furniſhed out of his Majefty's civil lift revenues, during his
life (which God long preferve) or out of the faid hereditary re-
venues after his Majefty's demife, for or towards the payment
of the faid annuities, or for or towards the redemption of the
fame;
1720.]
351
Anno feptimo GEORGII I. ftat. 1. c. 27.
His Majeſty
may cauſe a
fame; be it further enacted by the authority aforefaid, That it
fhall and may be lawful to and for his Majefty, his heirs and
fucceffors, by any warrant under the great feal of Great Britain, deduction of
privy feal or royal fign manual, to cauſe a deduction to be made, 6d. in the
not exceeding fix pence in the pound, out of all monies which, pound out of
all falaries, &c.
from and after the first day of August one thouſand ſeven hundred
from 1 Aug.
and twenty one, fhall be paid for or upon all penfions and an- 1721:
nuities charged upon any of the faid hereditary or temporary du- This deduction
ties, and for and upon all falaries, fees and wages, payable for or
how appropri-
in reſpect of offices of profit, granted' by or derived from the ated, 12 Geo. 1.
C. 2. f. 24.
crown, and for and upon all other payments from the crown
whatſoever, or for or upon any arrearages of them, or any of
them, incurred or to be incurred; the pay of commiffion and Except com-
non-commiſſion officers and private men, ferving in the navy or miffion offi-
army, only and always excepted; the fame deductions to be cers, &c.
made for the uſe of his Majefty, his heirs and fucceffors, for the
benefit of his or their civil government, fo long as the faid an-
nuities fhall, by virtue of this act, be payable out of the revenues
charged therewith, as aforefaid, and until the fame annuities
fhall be redeemed purſuant to this act; any former law, ftatute
or provifion whatſoever to the contrary notwithſtanding.
ties of the
XX. Provided always, and it is hereby enacted, That this Not to extend
act, or any thing herein contained, fhall not extend, or be con- to the annui-
ſtrued to extend, to charge or to enable his Majefty to charge prince and
the annuities or yearly fums, amounting to one hundred thou- princess of
fand pounds, granted to his royal highneſs the prince of Wales, Wales.
or his truſtees, during the joint lives of his Majefty and the faid
prince, or the annuities or yearly fums, amounting to fifty thou-
fand pounds, granted to her royal highneſs the princefs of Wales,
or to any perfon or perſons in truft for her, to commence and
take effect immediately after the deceaſe of the ſaid prince, or any
of the fame annuities or yearly fums, fo granted, with the above-
mentioned deduction or payment of fix pence in the pound,
or any part thereof; but that the fame annuities or yearly fums,
and their royal highneffes refpectively, and their reſpective tru-
ftees, treaſurers and receivers general for the time being, in re-
ſpect of the fame, fhall be free and clear of and from the faid
deduction or payment of fix pence in the pound; any thing in
this act contained to the contrary notwithſtanding.
XXI. Provided always, That nothing in this act contained Not to preju-
ſhall extend, or be conftrued to extend, to prejudice, delay or in- dice the an-
terrupt the payment of the faid annuity or annuities, amounting nuity of
to fifty thouſand pounds, granted to her royal highneſs the prin- 50,000l. to the
cefs of Wales, or to any perfon or perfons in truft for her, to his royal high-
princess after
commence and take effect immediately after the deceaſe of his nefs's death.
royal highneſs the prince of Wales; any thing herein contained
to the contrary notwithstanding.
XXII. And whereas it is intended that the ſaid fum, not exceeding
five hundred thouſand pounds, ſhall be applied in and for the payment
of debts and arrears due and to grow due to his Majefty's fervants,
and others, payable at the receipt of his Majesty's exchequer, or in
2
offices
352
Anno feptimo GEORGII I. ftat. I. C.27. [1720
6 Geo. 1. c. 18.
rance and Roy-
paid.
offices wherein the expences relating to his Majesty's civil government
are payable: and whereas feveral of the faid fervants, and others,
are, or may be defirous to have and enjoy annuities at the rate afore-
faid, to be founded on this act, in lieu and fatisfaction of fuch their
debts and arrears respectively, be it therefore provided, &c.
Treaſury may make out tallies for annuities at 51. per cent. to fuch per-
fons as fhall defire the fame for the arrears due to them. On delivery of
fuch tallies to the cashier, the producer to be deemed a contributor. AIL
the powers relating to annuities purchaſed with money fhall be practiſed for
fecuring the annuities to be purchaſed by fuch tallies. Such perfons as
may have malt lottery tickets in their hands, may borrow money thereon
at 61. per cent. either before or after drawing.
XXVI. And whereas the corporation or body politick, called The
Claufe for dif- London affurance, created and established by his Majesty's charter un-
charging the der the great feal of Great Britain, bearing date the twenty fecond day
London affu- of June in the fixth year of his Majesty's reign, purſuant to an act
al Exchange of parliament in that behalf, were obliged to pay to his Majesty's uſe
affurance, of the fum of three hundred thouſand pounds, and have actually paid into
fo much of the the receipt of his Majesty's exchequer feveral fums, amounting to one bun-
300,000l.
which each of dred and eleven thousand two hundred and fifty pounds in part of the faid
thofe compa- fum of three hundred thousand pounds: and whereas the corporation or
nies were to body politick, called The London affurance of houſes and goods from
have paid to fire, created and established by another charter under the great feal of
the ule of his Great Britain, bearing date the twenty ninth day of April in the prefent
Majefty, as
remains un- Seventh year of his Majefty's reign, have covenanted with his Maje-
fty, his heirs and fucceffors, to pay or caufe to be paid to his Majefly,
his heirs or fucceffors, at the receipt of the exchequer at Weſtminſter,
the remaining fum of one hundred eighty eight thouſand jeven hundred
and fifty pounds, at or before fuch days and times, and in fuch propor-
tions, as are hereafter mentioned; that is to fay, thirty eight thouſand
Seven hundred and fifty pounds, part thereof, within three calendary
months after the date of the faid charter, for the faid corporation,
called The London affurance of houfes and goods from fire; fifty
thousand pounds, other part thereof, within nine calendary months
after the date of the fame charter; fifty thousand pounds more thereof
within fifteen calendary months after the date of the fame charter;
and fifty thousand pounds, refidue thereof, within one and twenty ca-
lendary months after the date of the fame charter: and whereas the
corporation or body politick, called The Royal Exchange affurance,
created and eſtabliſhed by his Majefly's charter, under the great feal of
Great Britain, dated the two and twentieth day of June in the fixth
year of his Majesty's reign, purſuant to the act of parliament in that
behalf, were obliged to pay to his Majesty's uſe the ſum of three hun-
dred thousand pounds, and have actually paid into the receipt of his
Majefty's exchequer the fum of one hundred and eleven thousand two
hundred and fifty pounds, in part of the faid fum of three hundred
thousand pounds: and whereas the corporation or body politick, called
The Royal Exchange affurance of houfes and goods from fire,
created and eſtabliſhed by another charter under the great feal of Great
Britain, bearing date the nine and twentieth day of April in the pre-
fent feventh year of his Majesty's reign, have covenanted with his
Majefty, his heirs and fucceffors, to pay, or cause to be paid, to his
Ma
1720.] Anno feptimo GEORGII I. ftat.1. C.27.
353
Į
Majefty, his heirs and fucceffors, at the receipt of his Majesty's exche-
quer at Westminster, the fum of one hundred and eighty eight thou-
Jand feven hundred and fifty pounds (remainder of the last mentioned
Jum of three hundred thousand pounds) at or before fuch days or times,
and in fuch proportions, as are hereafter mentioned; that is to ſay,
thirty eight thousand feven hundred and fifty pounds, part thereof,
within three calendary months after the date of the faid charter, for
the faid corporation, called The Royal Exchange affurance of houf-
es and goods from fire; fifty thousand pounds, other part thereof
within nine calendary months after the date of the fame charter; fifty
thousand pounds, more thereof, within fifteen calendary months after
the date of the fame charter; and fifty thousand pounds, refidue there-
of, within one and twenty calendary months after the date of the fame
charter: and whereas the faid refpective corporations, called The Lon-
don affurance, and The Royal Exchange affurance, have feverally
Secured the payment of the ſaid ſeveral fums of thirty eight thousand
Seven hundred and fifty pounds into the receipt of the exchequer, for
his Majefty's ufe, according to their faid respective covenants contain-
ed in the faid charters for affurance of houfes and goods from fire:
and whereas his Majesty, in tender confideration of the great diffi-
culties which the faid corporations do feverally labour under, is gra-
ciously pleafed that the feveral fums remaining unpaid by them, as afore-
Said, (except the faid feveral fums of thirty eight thouſand ſeven
hundred and fifty pounds, which were made payable within three ca-
lendary months after the dates of the faid refpective charters for affu-
rances relating to houfes and goods from fire) shall be abfolutely remitted
and difcharged; be it therefore further enacted by the authority a-
forefaid, That the faid feveral fums of fifty thoufand pounds, which
by the tenors of the faid charters relating to the affurances of houfes
and goods from fire, was intended to be paid by the faid refpect-
ive corporations within nine months after the dates of the fame
charters; and the ſaid ſeveral ſums of fifty thousand pounds,
which by the tenors of the fame charters were intended to be paid
by the faid refpective corporations within fifteen months after the
dates thereof; and the ſaid ſeveral fums of fifty thousand pounds,
which by the tenors of the fame charters were intended to be
paid by the faid refpective corporations within one and twenty
months after the dates thereof (all which fums do amount in the
whole to three hundred thousand pounds) and all actions, fuits,
executions and demands whatſoever, for, touching or concern-
ing the fame, are and fhall, by force and virtue of this act (up-
on and after payment of the faid feveral fums of thirty eight
thouſand feven hundred and fifty pounds, and redeeming the
faid fecurities for the fame) be remifed, releaſed and for ever
difcharged; any thing in the faid former act of parliament for
erecting the faid corporations, or in any charters or letters pa-
tent relating thereunto, to the contrary notwithſtanding.
197,022), 168,
XXVII. And whereas there is deficient in the Eaft-India com- Claufe for pay
pany's fund of one hundred and fixty thousand pounds per annum, ment of
Several fums computed for feveral years ended at Michaelmas on 64. 29. Den.
thousand feven hundred and nineteen, amounting in the whole to one ciencies due to
VOL. XIV.
bundred the Eak-India
A a
354
[1720.
Anno feptimo GEORGII I. ftat. I. C.28.
company at
hundred ninety one thousand twenty eight pounds fixteen fhillings and
Mich. 1719. fix pence halfpenny; which fum of one hundred and fixty thousand
out of over- pounds per annum, is payable after the rate of five pounds per cen-
plus monies in tum per annum, for a national debt of three millions two hundred
theexchequer. thousand pounds, incurred before the twenty fifth day of December
one thousand feven hundred and fixteen, provided for by former acts
of parliament in that behalf, and fill remaining unsatisfied: and
whereas the particular duties on falt, charged towards making good
the faid yearly fund, have, in and for the year ended at Michaelmas.
one thouſand ſeven hundred and twenty, produced an overplus, amount-
ing to two thouſand nine hundred and fixteen pounds three fillings
and a penny; which fum laft mentioned doth now remain in the receipt
of his Majesty's exchequer: now to the end all the deficient fums, a-
mounting to one hundred ninety one thousand twenty eight pounds fix-
teen fillings and fix pence halfpenny, may be justly fatisfied, be it
further enacted by the authority aforefaid, That the faid fum of
two thouſand nine hundred and fixteen pounds three fhillings
and a penny, now remaining in the exchequer for overplus-mo-
nies of the aforefaid particular duties upon falt, and ſo much of
the monies now remaining in the exchequer of the furpluffes,
exceffes, and overplus-monies, commonly called the finking fund,
as (together with the faid fum of two thouſand nine hundred
and fixteen pounds three fhillings and a penny) fhall complete-
ly make up the faid fum of one hundred ninety one thoufand
twenty eight pounds fixteen fhillings and fix pence halfpenny,
thall be iffued and paid to the faid East-India company, or their
treaſurer or cafhier, for their ufe, in full fatisfaction of the defi-
ciencies before-mentioned; and that the commiffioners of his
Majefty's treaſury now being, or any three or more of them,
or the high treaſurer, or any three or more of the commiffioners
of the treaſury for the time being, fhall and may cauſe the ſame
to be iffued and paid accordingly, without any other or further
warrant to be fued for, had or obtained in that behalf; any for-
mer law or ſtatute whatſoever to the contrary notwithſtanding.
CA P. XXVIII.
An act for raifing money upon the estates of the late fub-go-
vernor, deputy-governor, direllors, cashier, deputy-cashier,
and accountant of the South-Sea company, and of John
Ailabie, efquire, and likewife of James Craggs, fenior, ef
quire, deceafed, towards making good the great lofs and
damage fustained by the faid company; and for disabling
fuch of the faid perfons as are living, to hold any office or
place of truft under the crown, or to fit or vote in perlia-
ment for the future, and for other purposes in the faid act
expreffed.
Farther provi- WHEREAS many corruptions, breaches of trust, frauds and
abufes, have been contrived, committed, and practifed, relating
the matters in to capital flock, or pretended capital of the governer and company of
fion concerning
this act,
met's
ミ
​1720.] Anno feptimo GEORGII I. ftat. 1. C.28.
355
?
8 Geo. 1.C. 23.
merchants of Great Britain, trading to the South-Seas, and other
parts of America, and for encouraging the fishery, (commonly called 13 Geo.1.c.22.
the South-Sea company) or to fubfcriptions, or pretended fubfcriptions f. 2.
for the fame, or to dividends, or pretended dividends in respect thereof, 2 Geo. z. c. 8.
whereby the faid company hath ſuſtained an immenfe lofs and damage,
and the publick credit hath been extremely reduced and diſordered, and
many of his Majesty's ſubjects have been defrauded and impoverished,
contrary to the purport and true intent and meaning of the act of par-
liament made and paffed in the fixth year of his Majesty's reign, in- 6 Geo, 1. c. 4.
tituled, An act for enabling the South-Sea company to increaſe
their preſent capital ſtock and fund, by redeeming fuch publick
debts and incumbrances as are therein mentioned; and for raif-
ing money to be applied for leffening feveral of the publick
debts and incumbrances; and for calling in the prefent exche-
quer-bills remaining uncancelled; and for making forth new
bills in lieu thereof, to be circulated and exchanged upon de-
mand at or near the exchequer; and whereas Sir John Fellows,
baronet, late fub-governor, Charles Joye, efquire, late deputy-gover-
nor, and William Aftell, efquire, Sir Lambert Blackwell, baronet,
Sir John Blunt, baronet, Sir Robert Chaplain, baronet, Sir Wil-
liam Chapman, knight and baronet, Robert Cheſter, efquire, Ste-
phen Child, efquire, Peter Delaport, efquire, Francis Eyles, efquire,
James Edmonfon, efquire, Edward Gibbon, efquire, John Gore,
efquire, Sir William Hammond, knight, Francis Hawes, efquire,
Richard Horfey, efquire, Richard Holditch, efquire, Sir Theodore
Janffen, knight and baronet, Sir Jacob Jacobſon, knight, Arthur
Ingram, efquire, Sir John Lambert, baronet, Sir Harcourt Maſter,
knight, William Morley, efquire, Ambrofe Page, efquire, colonel
Hugh Raymond, Samuel Read, junior, efquire, Thomas Rey-
nolds, efquire, Jacob Sawbridge, efquire, William Tillard, ef-
quire, and John Turner, efquire, late directors of the corporation
of the governor and company of merchants of Great Britain trading to
the South-Seas, and other parts of America, and for encouraging
the fishery; and alfo Robert Knight, late treasurer or cashier, Ro-
bert Surman late deputy-cafbier, and John Grigsby, late accountant
to the faid corporation, (in confederacy with the faid late fub-go-
vernor, late deputy-governor and late directors) under colour of the act
herein before-mentioned, have contrived and carried on many notorious,
fraudulent, and indirect practices, contrary to the intention of the faid
act, not only to the immenfe lofs and damage of the faid company, a-
mounting to ſeven millions and upwards, but alſo to the great detriment
of the publick, in breach of their trust, and to the manifeft wrong and
oppreſſion of great numbers of his Majesty's fubjects: and whereas
John Aiflabie, efquire, late chancellor and under-treasurer of the ex-
chequer, and one of the commiffioners of his Majesty's treaſury, and
a member of the house of commons, in breach of the great trufts in him
repofed, and with a view to his own exorbitant profit, has combined
with the faid late directors of the South-Sea company in their perni-
cious practices, and has been guilty of most dangerous and infamous cor-
ruption, to the detriment of great numbers of his Majesty's fubjects,
and manifeſt prejudice of the publick credit, and of the trade of this
A a 2
king-
356
Anno feptimo GEORGII I. ftat. 1. C.28. [1720.
7Geo. 1. ftat.1.
C. I.
kingdom: and whereas James Craggs the elder, efquire, was a no-
torious accomplice and confederate with the faid Robert Knight and
fome of the late directors of the South-Sea company, in carrying on
their corrupt and fcandalous practices; and did by his wicked influ-
ence, and for his own exorbitant gain, promote and encourage the per-
nicious execution of the late South-Sea fcheme: and whereas in and
by one act of this feffion of parliament, intituled, An act for re-
ftraining the fub-governor, deputy-governor, directors, treaſurer
or cashier, deputy-cafhier, and accountant of the South-Sea com-
pany, from going out of this kingdom for the ſpace of one year,
and until the end of the then next feffion of parliament; and for
diſcovering their eftates and effects, and for the preventing the
tranfporting or alienating the fame, ſeveral provifions are made for the
difcovering and fecuring the eftates and effects of the faid late fub-go-
vernor and deputy-governor, and of the faid late directors, and of the
faid late treafurer or cafbier, deputy-cafbier and accountant, ſo as they
might be liable to justice in parliament, as by the fame act (relation
being thereunto had) may more fully appear: now to the end that the
Jeveral eftates real and perfonal of the faid late fub-governor, deputy-
governor, directors, treasurer or cashier, deputy-cashier and accountant;
and to the end that ſo much of the amount or value of the estates of
the faid John Aiſlabie, or of any in trust for him, which are here-
after in and by this act vested in trustees herein after named, as do or
fhall exceed the amount or value of the estates which belonged to the
faid John Aiſlabie, or any in truſt for him, on the firſt day of Oc-
tober one thouſand ſeven hundred and eighteen, and to the end that
So much of the amount or value of the estates which belonged to the
Laid James Craggs, or any in truft for him, at the time of his
death, as exceeded the amount or value of the eftates which belonged
to him, or any in truft for him, on the first day of December one
thouſand ſeven hundred and nineteen, may all be made fubject and
liable, and be difpofed (fo far as the fame will extend) as foon as
conveniently may be, for or towards the ufes and purpoſes hereafter in
this act expreſſed concerning the fame; may it pleaſe your moſt ex-
cellent Majefty that it may be enacted, &c.
1
All the eſtates of the late fub-governor, deputy-governor, and directors
of the South-Sea company, &c. and of John Aiflabie, efquire, and of James
Craggs deceaſed, veſted in Sir John Eyles, baronet, &c. from 1 June 1720.
and from the day of the death of James Craggs, to be fold for the ufes
in the act. Exceptions. Where the directors, &c. were poffeffed of an
eſtate tail, the ſame ſhall be veſted in the truſtees in fee-fimple to be ſold.
Truſtees to uſe all lawful means for difcovering and recovering the eſtates
veſted in them, as the late directors, &c. might have done. The direct-
ors, &c. before 20 September 1721. to deliver to the trustees all deeds, &c.
on oath, with fchedules. Late directors, &c. refufing to bring in their
deeds, &c. truſtees may commit them. Trustees may make compofitions
touching debts, &c. with the approbation of the directors of the South-Sea
company. Truſtees may take poffeffion of all the faid eftates veſted in
them, &c. Such of the eftates, for which no claim fhall be entred, fhall
be fold as foon as conveniently may be, and fuch for which claims thall be
entred, after the claims are determined. The price to be paid to the cash-
ier of the South-Sea company. Then the truttees to execute a contract of bar-
gain and fale, &c. to be inrolled in chancery. Any perfons may be pur-
chafers. Such purchafers adjudged to be in the actual poffeffion thereof, and
the
A
1720.]
357
Anno feptimo GEORGII I. ftat. 1. C.28.
1
5
the trustees are to give them poffeffion. If any of the faid eftates fhall,
under colour of this act, be fold to the uſe of any of the trustees, or their
fubordinate officers, the perfon accepting fhall forfeit the eſtate ſo pur-
chafed, and 500l. All conveyances, &c. of any the faid eitates, made
fince 5 January 1720. adjudged fraudulent. Not to avoid any convey-
ances, &c. for a valuable confideration after 1 June 1720. and before
January 1720. All perfons having debts contracted before 5 January 1720.
or having any particular eftate in law or equity out of the faid manors, &c.
by any fettlement, &c, made before 5 January 1720. may enter their claims
before the trustees before 25 December 1721. and in default, every fuch
debt, &c. fhall be void. Entries to be made at the truſtees publick office.
Truſtees may inquire by witneffes, or by examination of the claimants on
oath, or by inſpection of mortgages, &c. and fhall make their report to
the directors of the South-Sea company; and if they fhall be fatisfied in
the justice of the claim, &c. and if the claimants fhall, in a book to be
kept in the office, declare their acquiefcence therein before Auguft 1722.
then the truſtees are to give warrant for payment of the debt ſo adjuſted,
&c. Any three of the juftices of the King's bench, common pleas, or exche-
quer,fitting at the fame time and place,fhall determine all differences touch-
ing debts, eſtates, &c. Their order fhall be final. On complaint to the
juftices, &c. before 25 December 1722. they are to fummon the truſtees to
appear before them, and make final orders therein. When the juftices, &c.
find any debt due to the claimant, &c. they are to certify it to the truſtees
before 25 March 1723.Powers for determining differences relating to claims
to continue till 25 March 1723. Truſtees not to order any payments for
the debts of any one of the late directors, &c. beyond the clear value of
his estate. Creditors when fatisfied, to affign over their fecurities to fuch
as the truſtees fhall nominate. All fuch money as fhall be due to his Ma-
jeſty for publick revenues, &c. fhall be paid out of fuch monies as fhall ariſe
out of the late directors eftates. Perfons indebted to the late directors, &c.
are to give notice thereof at the truſtees office before 25 December 1721. or
that there is fome account depending between them, on forfeiture of the
value; and having any chattels perfonal of the faid directors, are to give
like notice, on forfeiture of the like value thereof: and all tenants, &c. are
to give like notice, on pain of three years value. John Aiflabie not to de-
part this realm for one whole year from 8 December 1720. and till the end
of the then next feffion; and to enter into recognizance before 20 Sep-
tember 1721. Neglecting to enter into the faid recognizance, to be com-
mitted to the Fleet. If the late directors, &c. after7 July 1721. for one whole
year, from 5 January 1720. or before the end of the then next ſeſſion,
tranſport any of their effects, they fhall be guilty of felony, &c. Perfons
who have accepted any truft, or concealed the eftates of the late directors,
&c. not difcovering before 25 December 1721. forfeit treble the value, and
imprifoned for a year. Perlons voluntarily diſcovering any eſtates, not in-
ventoried, before 25 March 1723. to have fol. per centum. John Aiſlabie be-
fore 25 December 1721. to deliver in a true inventory of the real and perſonal
eftate to him belonging at the time from which they are vested in the tru-
ftees. And one inventory importing what eſtate belonged to him on 1
October 1718. Truſtees to compute the clear value of the eſtates which
belonged to him on 1 October 1718. and make report to the South-Sea di-
rectors by 25 December 1722. If the values cannot be fettled before 25
December 1722. then the justices and barons are to determine the fame be-
fore 2
25 March 1723. If the inventories are fettled to the fatisfaction of the
directors, then a deduction fhall be made out of them of the clear eftate
which he had on 1 October 1718, &c. The remainder fhall be paid to the
caſhier of the company for the uſes of this act, within 30 days after the va-
lues are fettled, or fecurity to be given. After fuch payment or fecurity,
all the faid eftates reveſted in Mr. Aiflabie. Not to extend to that part of
his real eſtate which belonged to him 1 October 1718. or any houshold
goods which he now poffeffeth, till his particulars fhall be fettled, &c.
The heirs, &c. of James Craggs, to deliver to the trustees an inventory of
his real and perfonal eftate, at the time of his deceafe, &c. and another
inventory importing what eftate did belong to him on December 1719.
Даз
I
Tru-
K
358
[1720.
Anno feptimo GEORGII I. ftat. I. C. 29,–31.
Perfons taking
bills, bonds,
&c. payable at
a future day
for goods de-
livered to fuch
as after be-
come bank,
rupt, fhall be
Truſtees to examine the inventory, and examine witneſſes on oath, &c.
Truſtees to compute the clear value of Mr. Cragg's eltate, on 1 December
1719, &c. If the value cannot be fettled by 25 March 1722. then the
barons are to determine the fame before 25 March 1723. If the particu-
lars are ſettled to the fatisfaction of the directors, then a deduction thall be
made out of them of the clear value which he had on 1 December 1719,
&c. And the remainder to the caſhier of the South-Sea company, within 30
days after the values are fettled, or fecurity given. After fuch payments
or fecurity, all the faid eftates revefted in James Cragg's heirs, &c. Not to
extend to that part of the real estate which belonged to him on 1 Decem-
ber 1719. or any houfhold goods, till his particulars fhall be fettled, &c.
Late directors, &c. difabled from holding any place, or to fit in parliament.
Not to invalidate any affignments of ſtock, &c. before 10 July 1721. by any
of the late directors, &c. for ſecuring any debt to his Majefty, &c. 36000l.
in malt tallies, payable to Richard Hampden, efq; and affigned to Robert
Knight, and feveral promiffory notes, may be paid to the cashier of the
South Sea company, and his receipt ſhall be a diſcharge. But ſubject to
claims. Truſtees to enter all their proceedings in a book for that purpoſe,
and to give a diſtinct account to the King and both houfes of parliament.
All the clear monies arifing out of the eftates, appropriated to the ufe of
the company. This claufe is explained by 13 Geo. 1. c. 22. fect. 9. Every
director, &c. to have out of his particular eftate, fuch proviſion as is fet
down in the ſchedule annexed. EXP.
CAP. XXIX.
An act for the King's moſt gracious, general and free pardon.
General pardon of all crimes (not excepted) committed before 24 July 1721.
Excepted, all who on 24 July 1721. were in the fervice of the pretender, &c,
CAP. XXX.
An act for appointing commiffioners to examine, ftate and determine the
debts due to the army. EXP.
CAP. XXXI,
An act for explaining and making more effectual the feveral
acts concerning bankrupts.
W
HEREAS merchants, and other traders in goods, have been
very often obliged, and more especially of late years, to fell
and difpofe of their goods and merchandizes to fuch perfons as have
occafion for the fame, upon truft or credit, and to take bills, bonds,
promifory notes, or other perfons fecurities for their monies, payable
at the end of three, four or fix months, or other future days of pay-
ment, and the buyers of fuch goods becoming bankrupts, and commif-
fons of bankruptcy being taken out against them before the money upon
fuch bonds, notes, or other fecurities became payable, it hath been a
question whether fuch perfons, giving fuch credit or fuch fecurities,
Should be let in to prove their debts, or be admitted to have any divi-
dend, or other benefit by the commiffion, before fuch time as fuch fe-
curities became payable, which hath been a great difcouragement to
trade, and great prejudice to credit within this realm; for remedy
whereof be it enacted and declared 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 all and every perfon and
perfons, who have given credit, or at any time or times hereaf-
ter fhall give credit on fuch fecurities, as aforesaid, to any per-
fon
1720] Anno feptimo GEORGII I. ftat. 1. C.32.
359
on or perſons who is, are, or fhall become bankrupts, upon a admitted to
good and valuable confideration bona fide, for any fum or fums prove their
of money, or other matter or thing whatfoever, which is bills, &c. and
or ſhall not be due or payable at or before the time of fuch per- be intitled to a
fon's becoming bankrupt, fhall be admitted to prove his, her proportiona-
ble part of the
and their ſeveral and refpective bills, bonds, notes, or other bankrupt's
fecurities, promife or agreements for the fame, in like manner eftate,
as if they were made payable preſently, and not at a future day;
and ſhall be intitled unto, and ſhall have and receive a propor-
tionable part, fhare and dividend of fuch bankrupt's eſtate in
proportion to the other creditors of fuch bankrupts, deducting
only thereout a rebate of intereft, and diſcounting fuch fecuri- diſcounting
ties payable at future times, after the rate of five pounds per after the rate
centum per annum for what he ſhall fo receive, to be computed of gl. per cent.
from the actual payment thereof to the time fuch debt, duty or for what they
fum of money fhould or would have become due and payable receive.
in and by ſuch fecurities, as aforefaid.
fuch fecurities
II. And be it further enacted by the authority aforefaid, Bankrupt's
That all and every perfon or perfons, who now are or fhall fhall be dif
become bankrupts, fhall be diſcharged of and from all and eve- charged of
fuch fecurities.
ry fuch bond, note, or other fecurity, as aforefaid, and fhall
have the benefit of the ſeveral ſtatutes now in force againſt bank-
rupts, in like manner, to all intents and purpoſes, as if fuch
fum of money had been due and payable before the time of his
becoming a bankrupt.
a commiffion,
III. Provided always, and it is hereby declared, That no fuch No fuch cre-
creditor ſhall be deemed or taken to be a fufficient creditor, for ditor fhall join
or in reſpect of fuch debt, to petition or join in any petition for in fuing forth
the obtaining or fuing forth any commiffion of bankruptcy, un- till fuch debt
til fuch time as fuch debt fhall become actually due and payable. become due.
This laft fection is repealed by 5 Geo. 2. c. 30. ſect. 22.
CAP. XXXII.
An act to explain and amend the act of the twelfth year of her late Maje-
fty's reign, intituled, An act for repairing the highway or road from the
ftones-end in the parish of St. Leonard Shoreditch in the county of Middle-
fex, to the furthermoft part of the northern road in the parish of Enfield in the
fame county, next to the parish of Chefhunt in the county of Hertford.
Waggons, &c. laden with bricks, hay, &c. paffing through any turnpike
erected by virtue of the private act, 12 Ann. ftat. 1. c. 1. fhall pay the
tolls.
Anno
A a 4
360
Anno feptimo GEORGII I. ftat. 2. [1721.
fefion.
Anno Regni GEORGII I. Regis Magnæ Bri-
tanniæ, Franciæ & Hiberniæ, feptimo.
A¹ T the parliament begun and bolden at Weftminſter,
There is no di- the Seventeenth day of March, Anno Domini one
Aination on the thouſand feven hundred and fourteen, in the first year of the
roll of a new reign of our fovereign lord GEORGE, by the Grace of
God, of Great Britain, France and Ireland, King, defender
of the faith, &c. And from thence continued by feveral
prorogations to the thirty first day of July one thousand
Seven hundred and twenty one; being the feventh feffion of
this prefent parliament.
Preamble re-
STAT. II.
An act for making ſeveral proviſions to restore the publick
credit, which fuffers by the frauds and mifmanagements of
the late directors of the South-Sea company, and others.
+
W
HEREAS in and by an act of parliament of the fixth year
of his Majesty's reign, intituled, An act for enabling the
citingthe act of South-Sea company to increaſe their prefent capital ftock and fund,
6 Geo. 1. c. 4. by redeeming fuch publick debts and incumbrances as are there-
in mentioned; and for raifing money to be applied for leffening
feveral of the publick debts and incumbrances; and for calling
in the preſent exchequer-bills remaining uncancelled; and for
making forth new bills in lieu thereof, to be circulated and ex-
changed upon demand at or near the exchequer, it was enacted,
That the faid company ſhould pay into the receipt of his Majesty's ex-
chequer the fum of four millions one hundred fifty fix thousand three
hundred and fix pounds four fillings and eleven pence, by fuch pro-
portions, and at fuch times, as were thereby appointed for the payment
thereof; and fuch further fums to be computed after the rate of four
years and an half's purchaſe, and fuch further fums to be computed after the
rate of one year's purchaſe, as are therein mentioned, by quarterly payments,
at fuch feaft-days as were thereby limited for payment of the fame;
and in and by an act of parliament of the feventh year of his Ma-
Geo.1. ftat.1. jeſty's reign, intituled, An act to enable the South-Sea company
to ingraft part of their capital ftock and fund into the ſtock and
fund of the bank of England, and another part thereof into the
ſtock and fund of the Eaft-India company; and for giving further
time for payments to be made by the faid South-Sea company,
to the ufe of the publick, it is provided, declared and enacted, That
the faid company shall pay, and be obliged, by force and virtue of that
act, to pay into the receipt of his Majesty's exchequer the ſaid ſum of
four millions one hundred fifty fix thousand three hundred and fix
pounds four fillings and eleven pence, and the ſaid ſeveral fums
after the rate of four years and an half's purchaſe, and one year's
E. 5.
pur-
1721.]
Anno feptimo GEORGII I. ftat: 2.
361
purchaſe; and that the fame shall be payable by fuch proportions, and
at or by fuch refpective days or times of payment, as are therein limit-
ed and appointed, and herein after mentioned for the payment thereof,
and not otherwife; that is to fay, one full and equal fourth part
of the refpective fums fo payable, fhall be paid on or before the feaft
of the annunciation of the bleed Virgin Mary, which ſhall be in the
year of our Lord one thousand feven hundred and twenty two; one
other full and equal fourth part thereof, on or before the feast of the
nativity of Saint John Baptift, wuich shall be in the year of our
Lord one thousand feven hundred and twenty two; one other full and
equal fourth part thereof, on or before the feast of Saint Michael
the archangel, which shall be in the year of our Lord one thousand
feven hundred and twenty two; and the remaining full and equal fourth
part of the faid refpective fums fo payable, on or before the feast of
the birth of our Lord Chrift, which ſhall be in the faid year of our Lord
one thouſand ſeven hundred and twenty two; and that the faid South-
Sea company, and their flock and funds, (except as therein is ex-
cepted) are and ſhall be ſubject and liable to the payment of the faid
Several fums at or before the faid refpective days and times by the laft
mentioned act appointed for the payment thereof, without any deduc-
tion, defalcation or abatement whatfoever: and it is thereby further
enacted, That in cafe default shall be made by the faid South-Sea
company in the payment of all or any part or parcel, parts or parcels,
of the faid feveral fums of four millions one hundred fifty fix thou-
fand three hundred and fix pounds four fhillings and eleven pence,
and of the faid fums to be paid after the rate of four years and an
half's purchaſe, and one year's purchase, or any of them, at the re-
Spective days or times by that act limited for the payment thereof,
then the commiffioners of the treasury, or any three or more of them,
or the high treasurer for the time being, or the officers of the exche-
quer for the time being, fhall, and they respectively are thereby autho-
rized, injoined and required, to cauſe the money, whereof fuch default
-in payment ſhall be made, with intereft for the fame, after the rate
of five pounds per centum per annum, (to be computed as is therein
mentioned) to be stopt out of the monies which, weekly or otherwife,
Shall be payable to the faid company at the exchequer, for or upon their
annuities or yearly funds (except as therein is excepted) and to cauſe
the principal and intereft fo ftopt, to be applied as is therein after
directed in that behalf; as by the faid feveral acts of parliament, re-
lation being thereunto refpectively had, may more fully appear: and
whereas by the many frauds, abufes, and breaches of trust, which were
committed by the late fub-governor, deputy-governor, and directors of
the faid company, and others in confederacy with them, or fome of
them, the faid company has fuffered an immenfe lofs and damage, and
the publick credit (as well as the credit of the faid company) hath been
extremely reduced and difordered, contrary to the purport and true & Geo. 1. c. 4.
meaning of the act of parliament first above in part recited, where-
by the ſaid company is become unable to comply with all the payments
required to be made by the act of parliament last in part before recited;
and if their capital stock, and the annuities and yearly funds payable
in respect thereof, fhould continue ſubject and liable to all the faid
pay
362
[1721.
Anno feptimo GEORGII I. ftat.2.
payments, and to fuch stoppages as are directed by the ſaid act laft
mentioned, the credit of the faid company would be utterly impaired,
and the fufferings of the members would be extremely increased: and
whereas in regard to the inability of the faid company, under the
bad circumstances to which the fame is reduced, and to the intent that
the faid company may be obliged and better enabled to give fome fur-
ther relief (as this act directs) to the feveral proprietors and perfons
concerned in intereft in or with the faid company, in order to the af
certaining and ſettling their reſpective properties and interefts, and
the re-establishing of the publick credit, and thereby quieting the minds
of his Majefty's fubjects, it is thought meet, that the faid fum of
four millions one hundred fifty fix thousand three hundred and fix
pounds four fillings and eleven pence, and the ſaid ſeveral and re-
fpective fums, which were intended to be computed after the faid re-
Tpective rates of four years and an half's purchaſe, and one year's
purchafe, be remitted and difcharged, fo as from and after the feast
of the nativity of Saint John Baptift, which shall be in the year of
our Lord one thouſand ſeven hundred and twenty two, the fum of two
millions fterling, part of the capital flock which shall then belong to
the faid company, be reduced and annihilated, and fo as a proportionable
part of their annuities or yearly funds, in respect of the faid two mil-
lions, do from that time ceafe and determine for the benefit of the
From 24 June publick; be it therefore enacted by the King's most excellent ma-
of 4,156,3061. jefty, by and with the advice and confent of the lords fpiritual
4S. 11 d. and and temporal and commons, in this prefent parliament affem-
the four and bled, and by the authority of the fame, That the faid fum of
an half year's, four millions one hundred fifty fix thouſand three hundred and
purchaſe, and
one year's fix pounds four fhillings and eleven pence, and the faid feveral
purchaſe, and and refpective fums, which were intended to be computed and
all actions, &c. paid after the faid feveral and reſpective rates of four years and
diſcharged. an half's purchaſe, and one year's purchaſe, and all actions,
1722. the fum
lions of the
South-Sea
company's ca-
be reduced
fuits, executions, demands, ftoppages, detentions, and other
remedies for recovering or obtaining the fame, or any part there-
of, are and fhall, by force and virtue of this prefent act, be
and be deemed and adjudged to be remifed, releafed, and for
ever difcharged.
After 24 June
II. Provided always nevertheleſs, and it is hereby enacted,
1722. two mil- That from and after the faid feaſt of the nativity of Saint John
Baptist, which fhall be in the year of our Lord one thouſand
ſeven hundred and twenty two, the full fum of two millions of
pital ftock to pounds fterling, part of the capital ftock which fhall then be-
long to the faid company, fhall by force and virtue of this act,
be and be deemed and adjudged to be reduced, funk and anni-
hilated for ever; and that a proportional part of their annuities or
yearly funds, payable at the exchequer in refpect of two millions,
thall, by force and virtue of this act, from and after the ſaid feaſt of
the nativity of Saint John Baptift, which fhall be in the year of
This clauſe re-
our Lord one thouſand ſeven hundred and twenty two, be no
pealed 9 Geo.
1. c. 6. fest. 1.
longer payable, but fhall from thenceforth for ever ceaſe and
determine for the benefit of the publick; any thing in the faid
and annihi-
lated, and a
proportional
part of their
annuities, to
ceafe.
6
recited
T
1721.]
363
Anno feptimo GEORGII I. ftat. 2.
recited acts, or either of them, or any other law, ſtatute or pro-
vifion whatſoever, to the contrary in any wife notwithſtanding.
III. And whereas feveral perfons or corporations, who were in- For putting an
titled to feveral redeemable debts and annuities, payable at the receipt end to all dif-
of the exchequer, or by the cashier of the bank of England, or other- putes between
the company
wife, and who were enabled to fubfcribe the fame into the capital ſtock
and the pro-
of the faid South-Sea company, did fubfcribe, or cauſe or procure to be
prietors of
fubfcribed, many of the faid redeemable debts and annuities; and the fubfcribed re-
proprietors of fuch of the faid redeemable debts and annuities as were deemable
payable at the receipt of the exchequer, or at particular pay-offices at funds, and the
or near the exchequer, did deliver in their respective orders, tallies, the four mo-
proprietors of
tickets or other fecurities, for payments of fuch debts or annuities to ney fubfcrip-
perfons for that purpoſe appointed; and the accounts of the proprietors tions:
of fuch of the faid redeemable debts and annuities as were payable by
the faid cashier of the bank of England, were debited in the books of
the bank; and an additional capital stock was, upon books or duplicates
figned and attested by three or more of the directors or managers in
that behalf appointed, created or fettled by the commiffioners of his
Majesty's treasury for the time being, to be allowed to the faid com-
pany for or in respect of the ſaid redeemable debts and annuities
which faid redeemable debts and annuities were fubfcribed, or pre-
tended to be fubfcribed, at ſeveral high rates or prices in ſtock, ex-
ceeding the rate or price of four hundred per centum; and a general
court of the faid company, on or about the thirtieth day of Septem-
ber one thousand feven hundred and twenty, towards relieving thofe
proprietors, did agree that the fame redeemable debts and annuities,
fhould be taken in at par, being one hundred pounds for each one hun-
dred pounds principal money of thofe redeemable debts and annuities;
and that the proprietors of the fame should be entitled to the intereft
due thereon, until the twenty ninth day of September one thousand
Seven hundred and twenty, and be paid for the principal fums in the
flock of the faid company, at the rate of four hundred per centum,
with an addition of ten per centum in flock for a dividend at Mid-
fummer one thouſand ſeven hundred and twenty: and whereas the
faid company, or their late court of directors, did exhibit, or caufe to
be exhibited, books for taking fubfcriptions of money for purchafing
Stock of the faid company, commonly called the four money fubfcrip-
tions; whereupon ſeveral perfons or corporations did advance, or caufe
to be advanced, monies amounting to a large fum; and the general
court of the faid company, on or about the ninth day of March one
thouſand ſeven hundred and twenty, did refolve that no more money
than what had been then actually paid on the faid four money fub-
fcriptions, fhould be demanded or infifted on, and that stock should be
given for the money actually paid by the respective proprietors in the
faid firA money fubfcriptions, at three hundred per centum, with the
dividend of Midfummer one thouſand ſeven hundred and twenty, of
ten per centum in flock; and that flock fhould be given for the mo-
ney actually paid by the respective proprietors in the ſaid ſecond mo-
ney fubfcription, at four hundred per centum, with the like divi-
dend; and a general court of the faid company, on or about the
eighteenth day of the ſaid month of March one thouſand ſeven hun-
dred
!
364
Anno feptimo GEORGII I. ftat. 2. [1721.
An addition
after the rate
of 33 1. 6 s. 8d.
ftock, upon
every 100 1.
dred and twenty, did refolve that flock should be given for the monies
paid on the faid third and fourth money fubfcriptions at the rate of
four hundred per centum, with the like dividend of ten per centum
in ſtock: now in order to put an end to all difputes between the
faid company and the proprietors of the faid redeemable debts
and annuities fubfcribed into the faid company, and between
the proprietors of the faid money fubfcriptions; and for the
further relief, as well of the proprietors of the faid redeemable
debts and annuities, as alfo of the proprietors of the faid fecond,
third and fourth money ſubſcriptions, who now have or (pur-
fuant to the faid refolutions of the faid general court) may have
ſtock allowed them at the faid rate of four hundred per centum,
with the dividend of Midfummer one thoufand feven hundred
and twenty, in ftock as aforefaid; be it further enacted by the
authority aforefaid, That the faid corporation, called the South-
Sea company, fhall, and the fame is hereby enjoined and requir-
ed to allow and make an addition after the rate of thirty three
pounds, fix fhillings and eight pence, in ſtock, upon every one
Stock already hundred pounds ſtock already allowed or allowable, as aforefaid,
allowed, to be to the refpective proprietors of the faid redeemable debts and
given by the
South-Sea annuities, and to the refpective proprietors of the faid fecond,
third and fourth money fubfcriptions; which faid addition of
thirty three pounds fix fhillings and eight pence, in ſtock to the
faid proprietors of redeemable debts and annuities, together
with the ftock already allowed them at the rate of four hundred
per centum, with the dividend at Midfummer one thouſand ſeven
hundred and twenty, in ſtock as aforefaid, fhall be in full dif-
charge and fatisfaction of their refpective debts and annuities.
which were redeemable, and were fubfcribed or intended to be
fubfcribed, as aforefaid, and for which the fecurities were de-
livered up, or for which the books at the office of the bank were
debited, and for which an additional ſtock was created by the
commiffioners of the treaſury as aforefaid; and the ſaid addi-
tion of thirty three pounds fix fhillings and eight pence, in ſtock,
to the proprietors of the monies which were actually paid upon
the faid fecond, third and fourth money ſubſcriptions refpective-
ly, together with the ftock already allowed or allowable to them
at the rate of four hundred per centum, with the dividend at
Midfummer one thouſand ſeven hundred and twenty, in ſtock as
aforefaid, fhall be in full difcharge and fatisfaction of the mo-
nics which were actually paid upon the fecond, third and fourth
money fubfcriptions refpectively, notwithstanding any defect or
which ſhall be error, or fuppofed defect or error, in taking in the faid fubfcrip-
company to
the proprie-
tors of the re-
deemable
funds.
and to the pro-
prietors of the
fecond, third
and fourth
money ſub-
ſcriptions,
with the Mid-
fummer divi-
dend, 1720.
in full dif-
charge.
tions of the ſaid redeemable debts and annuities, and the faid
money ſubſcriptions, or any of them, or any misnomer, mif-
fpelling or omiffion of entry of money paid for the ſaid money
fubfcriptions in any wife, and notwithstanding any doubt or
queſtion touching or concerning the validity of the ſubſcriptions
of the faid redeemable debts and annuities in any wife; and that
no more money fhall be demanded or infifted on by the ſaid
company
1721.]
365
Anno feptimo GEORGII I. ftat. 2.
company (other than what was actually paid as aforefaid) on the
faid four money fubfcriptions, or any of them.,
IV. And whereas on or about the twenty third day of June one Claufe for re
thousand feven hundred and twenty, feveral irredeemable annuities lief of the ir-
(part of them payable for feveral long terms of years, others payable redeemables.
for the remainder of a term of thirty two years, commonly called the
nine per cents, and others of them payable for the remainder of
another term of thirty two years, commonly called the lottery-annuities
of one thousand feven hundred and ten) were fubfcribed into the capi-
tal flock of the ſaid company, for feveral rates or prices, which the
fame company did refolve to give the proprietors, to wit, for the faid
long terms at thirty two years purchaſe, and the faid fhorter terms
Seventeen years purchaſe; which rates or prices were fatisfied partly
with money, and partly with stock at the rate of three hundred feventy
five pounds per centum: and whereas on or about the fifteenth day
of October one thouſand ſeven hundred and twenty, feveral other ir-
redeemable annuities, part of them payable for feveral long terms of
years, others payable for the remainder of the faid feveral terms of
thirty two years, were fubfcribed into the capital stock of the ſaid com-
pany; which fubfcriptions fo made on or about the faid fifteenth day
of October one thousand feven hundred and twenty, are commonly
called the fecond fubfcriptions of the irredeemable annuities; and by a
refolution of the faid general court, the annuities of the faid fecond
fubfcription were likewife to be paid for at feveral rates or prices, viz.
The long terms at thirty two years purchase, and the faid fhorter terms
at feventeen years purchafe, all in flock at four hundred per centum,
with the addition of the Midfummer dividend of ten per centum
in flock thereon (except fuch odd fums as did not amount to one pound
in stock, which were to be paid in money;) now for a further relief
to be given to the proprietors of the ſaid irredeemable annuities
in the ſecond ſubſcription, by an addition of ſtock valued at one
hundred and fifty per centum, be it further enacted by the autho-
rity aforefaid, That the faid company fhall make, or caufe to Company to
be made, an addition at that rate in ſtock to the proprietors laft make an ad-
mentioned, over and above the ftock allowed or allowable to dition in ſtock
them by the faid refolution of the general court; which addi- to the proprie.
tion fhall be made in the refpective proportions herein after tors of the ir-
redeemables,
mentioned; that is to fay, On every annuity of one hundred viz. On annui-
pounds per annum, which was fubfcribed for the remainder of ties of tool.
ninety nine years comprehended in the faid fecond fubfcription, per annum
two hundred and three pounds, fix fhillings and eight pence the remainder
ſtock, and ſo in proportion for every greater or leffer annuity of 99 years,
which was fubſcribed for the remainder of ninety nine years; comprehend-
on every annuity of ninety eight pounds per annum, which was ed in the fe-
fubfcribed for the remainder of ninety fix or eighty nine years, tion, 2031. 68.
cond fubfcrip-
commonly called fourteen per centums, comprehended in the faid 8 d.
fecond fubfcription, one hundred feventy eight pounds, five On the 14 1.
hillings and four pence ftock, and fo in proportion for every per cent. 1781.
greater or leffer fum of fuch annuities; on every ninety pounds
per annum, which was ſubſcribed for the remainder of thirty two
years, commonly called the nine per centums, comprehended in On the gl. per
the cent.731.98.4d.
fubfcribed for
5s. 4 d.
366
[1721.
Anno feptimo GEORGII I. ftat. 2.
Prize lottery
tickets, 1710.
651.168. 8 d.
Blank pay
tickets of the
faid lottery,
1261. 14s. 8d.
The increaſed
the ſaid ſecond ſubſcription, ſeventy three pounds nine fhillings
and four pence ftock, and fo in proportion for every greater or
leffer fum of fuch annuities; on every annuity of one hundred
pounds per annum, which was fubfcribed for the remainder of
thirty two years, commonly called benefits of the lottery one
thouſand feven hundred and ten, comprehended in the ſaid ſe-.
cond ſubſcription, fixty five pounds, fixteen fhillings and eight
pence ftock, and fo in proportion for every greater or leffer fum
of fuch annuities; and on every ninety eight pounds per annum,
fubſcribed for the remainder of thirty two years, commonly cal-
led blank pay-tickets of the faid lottery, one thoufand feven
hundred and ten, comprehended in the faid fubfcription, one
hundred twenty fix pounds fourteen fhillings and eight pence
ftock, and fo in proportion for any greater or leffer fum of fuch
annuities; and that all dividends due, or to become due, from
and after the feaſt of the nativity of our Lord Chriſt one thou-
ſand ſeven hundred and twenty, fhall be payable upon the faid
feveral additions of ſtock as aforefaid.
V. And be it further enacted by the authority aforefaid, That
ftock to be di- all the increaſed capital ſtock which was gained by the ſaid com-
vided among pany, by taking in publick debts and incumbrances which were
all the proprie- intended to be taken in by the ſaid act of the ſixth year of his
tors.
Borrowers on
South-Sea
ment of rol.
per cent.on
ther demands
of the compa-
Majefty's reign, and which, after the diftribution of ſuch parts
thereof as are intended, purſuant to any the former claufes in
this act, to be diftributed, fhall remain undifpofed, fhall be di-
vided to and among all the proprietors of the whole capital ftock
of the faid company, in proportion to their feveral and reſpective
intereſts therein; and that credit be given for the ſame reſpec-
tively in the books of the faid company.
VI. And be it further enacted by the authority aforeſaid,
That fuch perfons (brokers, or fuch perfons as have acted as
stock, on pay- brokers for brokeridge, excepted) as at any time or times fince
the five and twentieth day of March in the year of our Lord
the fums fo one thouſand ſeven hundred and twenty, have borrowed money
borrowed, to
from the ſaid South-Sea company upon any ſhare or fhares in
be diſcharged the ftock of the faid company, actually transferred and pledged
from all fur- (at the time of borrowing, or within twenty one days after) to
or for the uſe of the faid company, or the reſpective heirs, exe-
ny (except cutors or adminiſtrators of fuch perfons, who fhall pay to the
brokers.) cafhier of the faid company for the time being, to and for the
This claufe en- ufe of the faid company, at their publick office in London, fo
forced by
much money as a rate of ten per centum, to be computed upon
the reſpective fums fo borrowed, ſhall amount unto; to wit, one
moiety thereof on or before the five and twentieth of December
one thouſand feven hundred and twenty one, and the other
moiety thereof on or before the five and twentieth day of June
Times of pay- one thouſand ſeven hundred and twenty two; fhall (upon fuch
payment made, or being lawfully tendred and refuſed, and not
otherwife) by force and virtue of this preſent act, be diſcharged
of, from and againſt all further demands of the faid company,
in law or equity, of, for or in refpect of the monies fo borrowed
8 Geo. 1. C.21.
1.2.
meat.
upon
1721.]
367
Anno feptimo GEORGII I. ftat. 2.
the company.
upon ſtock; and that all the ſtock ſo transferred and pledged, But the ſtock
for which fuch payment ſhall be made, or lawfully tendred and to be veſted in
refuſed, together with the dividends and profits belonging or to
belong to fuch ſtock reſpectively, fhall be, and is, and are, by
virtue hereof, abſolutely veſted in the faid company, for the uſe
and benefit thereof.
payment of
VII. And furthermore it is hereby enacted by the authority Borrowers on
aforefaid, That fuch perfons (except as before excepted) as at ſubſcription
any time or times fince the five and twentieth day of March in receipts on
the of our Lord one thouſand ſeven hundred and twenty, 101. per cent.
year
have borrowed money from the faid South-Sea company upon diſcharged,
receipts which were given for any the payments made upon any
of the faid money fubfcriptions, and were actually pledged to
the faid company (at the time of borrowing, or within twenty
one days after) or the refpective heirs, executors or adminiftra-
tors of fuch perfons, who fhall pay to the caſhier of the ſaid
company
for the time being, to and for the uſe of the ſaid com-
pany, at their publick office in London, fo much money as a rate
of ten per centum, to be computed upon the refpective fums fo
borrowed, fhall amount unto, to wit, one moiety thereof on
or before the five and twentieth day of December one thoufand
feven hundred and twenty one, and the other moiety thereof on
or before the five and twentieth day of June one thouſand ſeven
hundred and twenty two; fhall (upon fuch payment made, or
being lawfully tendred and refufed, and not otherwiſe) by force
and virtue of this prefent act, be difcharged, of, from and againft
all further demands of the faid company, in law or equity, of,
for or in refpect of the monies fo borrowed upon the faid fub-
fcription-receipts; and that all the fubfcription-receipts fo pledg- But the fub-
ed, for which fuch payments fhall be fo made, or lawfully ten- fcription re-
dred and refuſed, together with all the benefits to attend the ceipts to be
fame, and all the dividends and profits belonging or to belong company.
thereunto reſpectively, thall be, and is, and are, by virtue here-
of, abfolutely vefted in the faid company, for the ufe, benefit
and advantage thereof.
vefted in the
VIII. And forafmuch as it is neceſſary to make fome regulations
or orders touching contracts for the fale or purchaſe of ſubſcriptions or
Stock of the faid South-Sea company, or any other company or corpo-
ration, or pretended company or corporation, for preventing a multi-
plicity of vexatious and doubtful fuits in law or equity concerning the
fame, or fome of them; it is therefore hereby further enacted by
the authority aforesaid, That every contract for the fale or pur- All contracts
chaſe of ſubſcriptions or ſtock of the faid South-Sea company, or for fale or pur-
any other company or corporation, or pretended company or chafe of fub-
corporation, which fhall be unperformed in whole or in part, or stock unper-
ſcriptions of
thall not be compounded by or between the parties thereunto, formed, or not
or intereſted therein, on or before the twenty ninth day of Sep- compounded
tember in the year of our Lord one thouſand ſeven hundred and on 29 Sept.
twenty one, or an abftra& or memorial thereof figned by the 1721. to be
party intereſted therein, and who fhall be minded to take ad- books before
vantage of the fame, fhall be entred and regiftred in books, 1 Nov. 1721.
entered in
which
368
[17213
Anno feptimo GEORGII I. ftat. 2.
which are hereby required timely to be provided and kept for
that purpoſe by the refpective company or corporation, to whofe
capital ſuch ſtock or ſubſcriptions do or ſhall relate, at ſome time
or elſe be void. before the firſt day of November one thouſand ſeven hundred and
twenty one; and in default of fuch entry or regiſter every ſuch
contract, as to fo much as fhall remain unperformed, and not
compounded, on or before the ſaid twenty ninth day of Septem-
ber one thouſand ſeven hundred and twenty one, fhall be void:
and it is hereby enacted, That fuch entries fhall exprefs the
names of the parties or perſons, for whoſe uſe or benefit fuch
contracts were made; and that none of the ftamp-duties fhall
be due or payable for the fame; and that no fee, gratuity or re-
ward (hall be demanded or taken, directly or indirectly, for en-
tring or regiftring any fuch contract, or any abſtract or me-
morial thereof, as aforefaid, on pain of forfeiting two hundred
pounds to the party grieved, by the company or corporation,
who ought to have regiftred the fame gratis, to be recovered by
action of debt, bill, fuit or information, in any of his Majeſty's
courts of record, wherein no effoin, protection, privilege, wager
of law or any more than one imparlance fhall be granted or
allowed.
No ſtamp du-
ties.
No fee for re-
giftring, on
pain of 2001.
ler, &c. was
not actually
poffeffed of
fuch stock de-
clared void.
No ſpecial bail
for contracts
Contracts un- IX. And it is hereby enacted, That all contracts for the fale
performed on
or purchaſe of any fubfcription or stock of the faid South-Sea
29 Sept. 1721.
where the fel. Company, or any other company or corporation, which fhall be
unperformed in whole or in part, and not compounded on or
before the faid twenty ninth day of September in the year of our
Lord one thouſand ſeven hundred and twenty one, where the
feller, or the perfon on whoſe behalf fuch contract was made,
was not, at the time of fuch contract, or within fix days after,
actually poffeffed of, or entitled, in his, her or their own right,
to fuch fubfcription or ftock, fhall be and is hereby declared nul!
and void, with reſpect to fo much only of the ſaid ſtock or fub-
fcription as the feller, or the perfon upon whoſe account fuch
fale was made, was not poffeffed of, or entitled to, as aforefaid.
X. And be it further enacted by the authority aforeſaid, That
no ſpecial bail fhall be required in any action brought or to be
brought upon any contract made fince the first day of December one
thoufand feven hundred and nineteen, and before the firſt day of
December one thouſand ſeven hundred and twenty, for the fale
or purchaſe of any fubfcription or stock of the South-Sea compa-
ny, or any other company or corporation, or pretended company
or corporation whatſoever; and that no execution ſhall be award-
end of the fefed upon any judgment or decree, obtained or to be obtained in
fion of parlia. any action or fuit brought or to be brought upon any contract
for the fale or purchaſe of any fubfcription or ftock of the faid
after 29 Sept. South-Sea company, or any other company or corporation, or
pretended company or corporation, until the end of the feffion
of parliament, which fhall be next after the faid twenty ninth
day of September in the year of our Lord one thouſand ſeven hun-
dred and twenty one.
made fince
1 Dec. 1719.
and before
x Dec. 1720.
Not any exe-
cution till the
ment next
1721.
Anno
1721.] Anno octavo GEORGII I. C. 1, 2.
369
:
Anno Regni GEORGII I. Regis Magne
Britannia, Francia & Hiberniæ, octavo.
A 1
T the parliament begun and bolden at Weſtminſter, the
Seventeenth day of March, Anno Domini one thou-
Jand feven hundred and fourteen, in the first year of the reign
of our fovereign Lord George by the grace of God, of Great
Britain, France, and Ireland, King, defender of the faith,
&c. and from thence continued by feveral prorogations to the
nineteenth day of October one thousand feven hundred and
twenty one, being the eighth feffion of this prefent parlia-
ment.
CAP. I.
An act for granting an aid to his Majeſty by a land-tax to be raiſed in
Great-Britain, for the ſervice of the year one thouſand feven hundred
and twenty two. EXP. 2s. in the pound.
CAP. II.
An act for continuing the duties on malt, mum, cyder and
perry, to raise money by way of a lottery, for the Service
of the year one thousand feven hundred and twenty two;
and for transferring the deficiencies of a late malt-act to
the land tax for the faid year; and for giving time for
inferting the money given with apprentices in their inden-
tures; and touching loft bills, tickets or orders; and for
exchanging the tickets in the exchequer for certificates; and
for fuppreffing lotteries, denominated ſales, and other pri-
vate lotteries; and for enlarging the time for the account-
ant general of the bank of England to return duplicates of
annuities into the exchequer.
more effectual
&c.
XXXVI. ND whereas, notwithstanding the provision already Claufes for the
made by ſeveral acts of parliament, for ſuppreſſing fuppreffing
and preventing of unlawful lotteries, and offices and places, under unlawful lot-
the denomination of fales, and taking or making, buying or felling teries, deno-
fubfcriptions for the fale of chances, or part of chances, to arife on minated fales,
tickets made out in pursuance of any act of parliament for a publick Amended and
lottery, many ill-difpofed perfons, with a design to evade fuch laws, enforced
have of late prefumed and do daily preſume to erect and fet up offices Geo.2.c.28.
or places under the denomination of fales of houses, lands, plate,
jewels, ſhips, goods and other things; and alfo have prefumed to make,
print and publish, or caufe to be made, printed or publiſhed, propo-
Tals or Schemes for advancing ſmall fums of money by several perfons,
amounting in the whole to large fums, to be divided among them by
the chances of the prizes in fome publick lottery or lotteries, eſtabliſh-
ed or allowed by act of parliament, and to deliver out tickets to the
VOL. XIV.
persons
B b
370
[1721.
Anno octavo GEORGII I. c. 2.
3
1721, fhall
third to the
crown, ano-
ther to the in-
former, and
the other to
poor where,
&c.
perfons advancing fuch fums, to entitle them to a share of the money
fo advanced according to fuch propoſals, and advertiſements thereof are
daily published in the common printed news-papers and otherwife;
which practices are highly prejudicial to the publick and to the trade of
this kingdom, and tend to defraud his Majefty's fubjects: be it fur-
Perfons who ther enacted by the authority aforefaid, That all and every per-
after 21 Dec. fon or perfons who, after the twenty first day of December in the
erect offices for year of our Lord one thouſand ſeven hundred and twenty one,
fale, &c. by fhall erect, fet up, continue or keep, or fhall caufe or procure
way of lottery, to be erected, fet up, continued or kept, any office or place un-
&c. fhall for- der the denomination of fales of houfes, lands, advowfons, pre-
feit sool. one fentations to livings, plate, jewels, fhips, goods or other things,
for the improvement of ſmall fums of money; or fhall fell or
expofe to fale any houfes, lands, advowfons, preſentations to
livings, plate, jewels, fhips, goods or other things by way of
lottery, or by lots, tickets, numbers or figures; or fhall make,
print, advertize or publiſh, or caufe to be made, printed, ad-
vertized or publifhed, propoſals or ſchemes for advancing ſmall
fums of money by feveral perfons, amounting in the whole to
large fums, to be divided among them by the chances of the
prizes in ſome publick lottery or lotteries, eſtabliſhed or allowed
by act of parliament; or fhall deliver out, or cauſe or procure
to be delivered out, tickets to the perfons advancing fuch fums
to entitle them to a fhare of the money fo advanced according
to fuch propoſals or fchemes; or fhall make, print or publiſh,
or caufe to be made, printed or publifhed, any propofal or
fcheme of the like kind or nature, under any denomination,
name or title whatſoever; and fhall be thereof convicted upon
the oath or oaths of one or more credible witneſs or witneffes,
by two or more juftices of the peace of the county, divifion or
liberty where fuch offence fhall be committed, or the offender
fhall be found (which oath fuch juftices of the peace are hereby
impowered and required to adminifter) the perfon fo convicted
fhall for every ſuch offence, over and above any former penal-
ties inflicted by any former act or acts of parliament made a-
gainſt any private or unlawful lotteries, forfeit the fum of five
hundred pounds, one third part thereof to his Majefty, his
heirs and fucceffors, one other third part thereof to the informer,
and the remaining third part thereof to the poor of the parish
where fuch offence fhall be committed; the fame to be levied
by diftrefs and fale of the offender's goods, by warrant under
the hands and feals of fuch juftices before whom fuch offender
fhall be convicted as aforefaid; and ſhall alſo for every ſuch of-
fence by fuch juſtices be committed to the county-gaol, there
to remain without bail or mainprize for the ſpace of one whole
year, and from thence till the faid fum of five hundred pounds
fo forfeited as aforefaid, fhall be fully paid and fatisfied: pro-
vided nevertheless, that any perfon who fhall think himſelf or
herſelf aggrieved by the judgment or determination of two or
more fuch juftices, in any the cafes aforefaid, thall have liberty
to appeal to the next quarter-feffions to be held for the county,
A
Perfons ag-
grieved may
appeat to
quarter-fel-
fions.
city
1721.]
371
Anno octavo GEORGII I. C. 3, 4·
city or place where fuch judgment or determination ſhall be
made or given; and that the judgment to be given by the ju-
ftices at the ſaid next quarter-feffions fhall be final.
Perfons con-
moiety to the
XXXVII. And be it further enacted by the authority afore-
faid, That all and every perſon and perfons who, after the time tributing to
aforefaid, ſhall be adventurer or adventurers in, or ſhall pay any fales, &c. to
money or other confideration, or any ways contribute unto, or forfeit double
upon the account of any fuch fales, lotteries, propoſals or the fum con-
ſchemes aforefaid, fhall forfeit for every fuch offence double the tributed, one
fum paid or contributed, to be recovered with cofts of fuit by crown, the
action of debt, bill, plaint or information in any of his Ma- other to the
jéfty's courts of record at Westminster, wherein no effoin, pro- informer.
tection, wager of law, nor any more than one imparlance fhall
be allowed; one moiety thereof to his Majefty, his heirs and
fucceffors, the other moiety thereof to the perfon or perfons who
fhall inform or fue for the fame.
Clauſe for relief of perſons who have omitted to infert the monies given
with clerks and apprentices. Claufe for giving further time to the ac-
countant general of the bank to return attefted duplicates of annuities in-
to the exchequer.
CAP. III.
An act for puniſhing. mutiny and deſertion, and for the better payment
of the army and their quarters. EXP.
CAP. IV.
An alt for taking off the duty upon all falt ufed in the curing
of red herrings, and laying a proportionable duty upon all
red herrings confumed at home only; and for afcertaining
the customs and excife payable for the fugar-boufes in Scot-
land; and for making an allowance for falt loft in any
harbour or river of this realm; and for the better fecuring
the duties on falt delivered in Scotland.
W HEREAS by an act of parliament made in the fifth
year
of his prefent Majefty's reign, intituled, An act for reco-
vering the credit of the British fishery in foreign parts; and for
better fecuring the duties on falt, it is enacted, That all curers of 5 Geo.1.c.187
fifh fhall be allowed to import foreign falt, or take from any falt-
works or falt-pits any fuch quantity of British falt, where the fame
is allowed by law, for curing of fiſh for exportation, as they ſhall
think proper, for curing fish for foreign markets, without paying any
duty to his Majefty for the fame, except the customs payable upon the
importation thereof; in confequence whereof all red herrings Spent
within this realm are or should be cured with falt that has paid the
duties; but in regard the fame are cured promiscuously, it is difficult
to diftinguish them from fuch as are intended to be exported, whereby
his Majesty may be defrauded in his revenue without a proper remedy
for preventing the fame: be it therefore enacted by the King's
moft excellent majeſty, by and with the advice and confent of
the lords ſpiritual and temporal, and commons in this prefent
B b 2
par-
372
[1721.
Anno octavo GEORGII I. c. 4.
1
At every fish parliament affembled, and by the authority of the fame, That
ing fealon for at the beginning of every fifhing feafon for herrings the pro-
herrings, pro-
prietors, &c. prietor or proprietors of the falt delivered duty-free for the cur-
inftead of the ing of herrings for exportation, purſuant to the ſaid act, or his
oath required or their agent or agents, fhall, inftead of the oath required by
by 5 Geo. 1. the faid act, make oath in writing before the officer for the duty
c. 18. to make
on falt, at the office neareſt to the place where the ſaid ſalt is
oath of the
quantity of lodged (who is hereby impowered to adminifter the fame) de-
falt intended claring the quantity of the foreign or British falt refpectively
for curing fish lodged for curing of fith, and that all the faid falt is intended
for exporta- for the curing of fish for exportation only, and fhall not by his
Farther provi- or their order, confent or connivance, directly or indirectly, be
fions relating to fold, given away, or any way delivered, but for the purpoſe a-
theſe matters, forefaid, except fo much thereof as ſhall be uſed for curing fuch
red herrings, as fhall be entred with the officer of the place for
home confumption, and charged with the duties by this act
chargeable thereupon.
tion.
1 Geo.1.c. 16.
1 Geo. I. c. 30.
fect. 41, 42.
Except falt
ufed for curing red herrings for home confumption.
before he re-
(except for ex-
portation) to
make entry,
and pay is. 8d.
for every
thousand.
Cafks to be
marked.
Curer of red II. And be it enacted by the authority aforefaid, That every
herrings, after maker or curer of red herrings, from and after the twenty fifth/
25 March1721, day of March one thouſand feven hundred and twenty two, be-
move them fore he remove any red herrings (except for exportation) from
the office or place where the fame fhall be cured, fhall from time
to time make entry thereof at the next falt-office, and fhall pay
to his Majeſty, his heirs and fucceffors, a duty of one fhilling
and eight pence for every thouſand of red herrings ſo to be re-
moved, and fo in proportion for a greater or leffer quantity:
and that in caſe ſuch red herrings fhall be packed or put up in
caſks, then the number of herrings in each caſk ſhall be mark-
Upon entry, ed on the head thereof; and upon entry and payment of the
&c. permit to
be given gra- duty, and marking each caſk as aforefaid, a permit fhall be given
gratis by the falt-officer, expreffing the number of red herrings
for which the duties fhall be paid as aforefaid, and the marks
and numbers of ſuch caſks, and for what place the fame are in-
tended, and whether to be fent by land or water carriage, on
pain of forfeiting all the red herrings that fhall be removed or
3 years, by carried away before entry be made, and the duty paid, and with-
5 Geo. 2. c. 6.
Moiety to the out the cafks being marked, and permit obtained as aforefaid,
King, moiety and of the cafk or veffel in which fuch herrings fhall be found,
to the officer and alfo the fum of forty fhillings for every thouſand of red
informing.
herrings fo removed, and fo in proportion for a greater or leffer
red herrings quantity, to be recovered from the perfon or perfons who fhall
removed be- fo remove or carry away the fame; one moiety thereof to the
forceutry, &c. uſe of his Majefty, his heirs and fucceffors, and the other moiety
tis.
Penalty on re-
moval before
entry, &c.
These duties
revived for
Officer to feize
to the officer or officers who fhall feize, fue or inform for the
fame, to be fued for, recovered and levied in fuch manner and
form, and with fuch power of mitigation, as any fine, penalty
or forfeiture may be fued for, recovered, levied and mitigated
by any law of excife, or by action of debt, bill, plaint or infor-
mation in any of his Majefty's courts of record at Westminster:
and all and every officer and officers of his Majefty's customs,
excife
2
1721.]
373
Anno octavo GEORGII I. C. 4.
excife or duties upon falt are hereby authorized and impowered
to ſeize all fuch red herrings fo removed or carried before entry
and payment of duty, and all other things performed as a-
forefaid, and the faid cafk or veffels wherein they ſhall be
found.
III. And be it further enacted by the authority aforefaid, Proprietor of
That the proprietor or proprietors of the falt delivered duty- falt, &c. to
free for curing red herrings for exportation, his or their agent exprefs the
quantity of
or agents, ſhall, in the account which after the end of every red herrings
fiſhing ſeaſon they are to deliver in writing into the falt-office, entred for
containing the quantity of fish exported or entred and fhipped home con-
to be exported, on which the falt taken away after its delivery fumption.
into the fole cuftody of the faid proprietor or proprietors, his or
their agent or agents, has been uſed or confumed, as by the
former law is directed (and under the penalties thereby prefcrib-
ed) exprefs alfo the quantity of red herrings entred for home
confumption, on which fuch falt has been uſed or confumed.
Owner of fiſh
may caufe
IV. And whereas by the aforesaid act in the fifth year of his Ma- 5 Geo. 1. c. 18.
jefty's reign, the proprietor or proprietors of falt delivered duty-free
for the curing of fish for exportation are required at the end of every them to be de-
fifbing feafon to deliver an account in writing into the falt-office, con- ftroyed in pre-
taining the quantity of fish exported or entred and shipped to be ex- fence of an of-
ficer, whofe
ported, on which the falt taken away after its delivery into the fole certificate ſhall
custody of the faid proprietor or proprietors, bis or their agent or beadmitted in-
agents, has been used or confumed, together with a certificate or cer- ftead of certi-
tificates by the proper officers of the feveral ports where the ſaid fish ficate of ex-
were ſhipped for exportation, verifying the faid account: and whereas portation re-
quired by the
it may happen, that fuch fish may never be exported, for want of an act; Gep. 1.
opportunity to ship them while they are good and merchantable, ſo that c. 18.
the proprietors of the falt can have no fuch certificate as is by the
faid act required: be it therefore enacted, That in fuch cafe the
owner of the fish may cauſe them to be destroyed in the pre-
fence of an officer of the falt duties; and the officer's certificate
that fuch fish were deftroyed in his prefence, fhall be admitted
to verify the account of the proprietor of the falt ufed in curing
them, inſtead of the officer's certificate that they were hipped
for exportation, required by the faid act.
5
ceaſe, or be
V. Provided always, and it is hereby further enacted by the Duty of is. Ed.
authority aforefaid, That in cafe the duties of excife on falt per thoufand
(which now amount to three fhillings and four pence per bushel upon red her-
on home-made falt, and fix fhillings and eight pence per bufhel rings fall
on foreign falt) or any of them, thall ceafe, determine or be leffened, in
redeemed by parliament, then the rate or duty of one fhilling proportion to
and eight pence per thouſand hereby impofed upon red herrings, duties on falt.
Recital of part
fhall ceafe or be leffened in proportion to the duties on falt that of 5 Geo. 1.
ſhall ſo ceaſe, determine or be redeemed; any thing herein
contained to the contrary notwithstanding.
C. 19.
I
VI. And whereas by an act of parliament made in the first year 1 Geo. 1. ftat.?.
of his prefent Majefty's reign, intituled, An act for raiting nine c. 19. sect. 19.
hundred and ten thousand pounds for publick fervices by fale
of annuities after the rate of five pounds per centum per annum,
Bb 3
374
[1721.
Anno octavo GEORGII I. C. 4.
redeemable by parliament; and to authorize a treaty concerning
private rights, claimed by the proprietors of the fugar-houſes in
Scotland, it was (inter alia) enacted, That the commiffioners of the
treasury, or any three or more of them, or the lord high treasurer
for the time being, should be and they were thereby impowered to treat
with the proprietors of the fugar-houses in Scotland for fuch fum
or fums of money as might be a reaſonable fatisfaction for ſuch private
rights of exemption from cuftem and excife, to which the faid propric-
tors were entitled: and whereas the faid proprietors of the four fu
gar-houses in Scotland, commonly called the Eafter, Wefter and
South Jugar-houſes of Glasgow and the fugar-boufes of Leith, in
purſuance of the faid act of parliament, and in confideration of their
being releafed and diſcharged of and from all claim and demand which
the crown might have upon them for custom or excife, pretended to be
due by them, have propoſed to ſurrender and difclaim all right, title
and privilege which they either had or pretended to have to any ex-
emption from custom or excife; which propofition appearing to be
just and reaſonable, and tending to fettle the trade upon the fame foot
Proprietors of in Scotland, as it is in England: therefore be it enacted by the
fugar-houſes authority aforefaid, That from and after the twenty fifth day of
in Scotland to March one thouſand ſeven hundred and twenty two the faid pro-
duties as other prietors fhall be fubject and liable to pay for their fugars and other
ſubjects.
commodities, the fame and fuch like duties of cuftom and ex-
cife, as any other of his Majeſty's ſubjects are liable to pay by
the acts of parliament now in force; any right or pretended right
in the ſaid proprietors to the contrary in any wife notwith-
ftanding.
pay the like
Conditional
bonds for pay-
ment of duties
before 25
March 1722.
void.
Proprietors
diſcharged.
1
Recital of part
of the act
VII. And be it further enacted by the authority aforefaid,
That all conditional bonds or other fecurities whatſoever, which,
on or before the ſaid five and twentieth day of March one thou-
fand ſeven hundred and twenty two, have been entred into by
the faid proprietors, or either of them, for payment or fecurity
of any duties of cuſtom or exciſe, pretended to be due or pay-
able by the faid proprietors, or either of them, as proprietors
of the faid fugar-houſes, for which they claimed exemptions,
and for which fuch bonds or fecurities were given as aforesaid,
be and the ſame are hereby declared to be void and of no force
or effect; and the proper officer in whoſe power or cuftody fuch
bond or fecurity is or thall be, is hereby authorized and required
to deliver up the fame to be cancelled.
VIII. And be it further enacted by the authority aforesaid,
That the faid proprietors, their executors and adminiftrators,
and every of them, ſhall be and are hereby diſcharged, releaſed,
and indemnified from the payment of any duty of cuftom and
excife due or pretended to be due from them, as proprietors of
the faid fugar-houfes, and for which they claimed fuch exemp-
tion as aforefaid, before the ſaid five and twentieth day of March
one thouſand ſeven hundred and twenty two.
IX. And whereas by an act paffed in the fifth year of his Maje-
fty's reign, intituled, An act for recovering the credit of the Bri-
5 Geo. 1. c. 18. tish fishery in foreign parts; and for the better fecuring the du-
ties
1721.]
375
Anno octavo GEORGII I. c. 4.
ties on falt, directions are given, that at the end of every fishing
Seafon, the officers for the duty on falt fhall take a particular account
of the quantity of foreign and British fa't refpectively remaining in
hand, which remaining falt fhall be immediately locked up in the joint
cuftody of the faid officer and proprietor or proprietors, his or their
agent or agents; and the proprietor or proprietors, his or their agent
or agents, of the ſaid ſalt, using the faid falt as aforefaid, ſhall,
as foon as poffible, after the end of every fishing feafon, deliver an
account in writing into the office for the duty on falt, containing the
quantity of fish exported, or entred and ſhipped to be exported, on
which the falt taken away after its delivery into the fole cuftody of the
Said proprietor or proprietors, his or their agent or agents, has been
ufed and confumed, together with a certificate or certificates by the
proper officer of the ſeveral ports where the ſaid fish were ſhipped
for exportation, which faid account delivered into the faid office as
aforefaid, fhall be affirmed by the oath of the faid proprietor or pro-
prietors, using the faid falt as aforefaid, or his or their agent are
agents, who have used the fame; and fuch proprietor or proprietors,
or other perfons concerned, who shall for the space of fix months after
the end of every fishing feafon, neglect or refufe to deliver fuch account
attefted upon oath as aforefaid, fuch proprietor or proprietors, and
fuch other perfon or perfons as aforefaid, fhall for every fuch offence
forfeit forty pounds: and whereas fome doubts have arisen touching the
periods of the feveral fiſhing ſeaſons, and that for the want of afcer-
taining the time when the accounts aforesaid were to be delivered to
the proper officers, the merchants exporters of fish have in many places
neglected to account for the falt received by them duty-free, under
pretence that the fishing feafons have no end: for remedy whereof,
and for the better fecuring of his Majefty's revenues, be it en-
acted by the authority aforefaid, That all fuch quantities of fo- Times of deli-
reign or Britiſh falt, as have been delivered duty-free, into the vering ac-
fole cuftody of any perfon whatſoever, for the curing of fish for counts to offi-
foreign markets, fince the four and twentieth day of June in the cers afcertain-
year of our Lord one thouſand ſeven hundred and nineteen, and
before the five and twentieth day of March one thouſand ſeven
hundred and twenty two, and which fhall not be accounted for·
as the faid act directs, on or before the five and twentieth day
of March in the year of our Lord one thouſand ſeven hundred
and twenty two, fhall be accounted for as the ſaid act directs, on
or before the four and twentieth day of June one thouſand ſeven
hundred and twenty two, under the penalty of ten fhillings per Penalty.
buſhel, to be recovered of the proprietor or proprietors, perfon
or perfons to whom, or for whofe ufe or account the faid falt
was delivered, for every bufhel fo delivered, to, or received by
them duty-free, for the curing of fish for foreign markets.
ed.
X. And for the more regular accounting for fuch falt as fhall Salt delivered
be delivered duty-free, for the curing of fish for foreign mar- be accounted
duty-free, to
kets, after the five and twentieth day of March one thoufand for yearly
feven hundred and twenty two, be it enacted by the authority after 25 March
aforefaid, That all fuch quantities of foreign or British falt, as 1722, &c.
hall be fo delivered after the faid five and twentieth day of
Bb4
March
:
376
[1721,
Anno octavo GEORGII I. C. 4.
"
March one thouſand ſeven hundred and twenty two, fhall be ac-
counted for yearly, as the aforefaid act directs, within three
months after the expiration of each year; and every perſon or
perfons, who fhall receive into his or their fole cuftody any
quantity of foreign or British falt duty-free, for curing of fiſh
for foreign markets, that ſhall neglect or refuſe to weigh over to
the proper officer what of that falt fhall remain in his or their
hands, or fhall neglect or refufe to deliver to the proper officers
yearly, within three months after the expiration of each reſpec-
tive year, fuch accounts of the falt received as aforefaid, and of
the fish cured therewith, and exported as the act directs, toge-
ther with a certificate or certificates by the proper officers of the
feveral ports where the ſaid fiſh was ſhipped for exportation, ve-
rifying the faid account (which certificates the faid officers are
hereby required to give gratis, and without delay) fhall, for every
fuch offence, forfeit and lofe ten fhillings per bufhel, to be re-
covered of the proprietor or proprietors, perfon or perſons, to
whom, or for whofe ufe or account the faid falt was delivered,
for
every buthel fo delivered to, or received by them; one moie-
and exported, ty of all which penalties aforefaid to be to his Majefty, his heirs
and fucceffors, and the other moiety to the officer or officers who
ſhall fue or inform for the fame, to be fued for, recovered and
levied, in fuch manner and form, and with ſuch power of mi-
tigation, as any fine, penalty or forfeiture may be ſued for, re-
covered, levied and mitigated, by any law of excife; or by ac-
tion of debt, bill, plaint or information, in any of his Majefty's
courts of record at Westminster, or in the court of exchequer in
Scotland, wherein no effoin, protection or wager of law fhall be
allowed.
Penalty on
neglect of de-
livery of ac-
counts of falt
received, &c.
of fiſh cured,
2 & 3 Ann.
C. 14.
XI. And whereas by forms and violent rages of the tides from
fea, into feveral ports and harbours of this realm of England, divers
Ships, barges, and lighter-boats, laden with falt, for which the duty
and excife charged thereon were duly paid, have been stranded, over-
fet, funk, and caft away, within the bounds and limits of the fame
ports and harbours, before the fame falt, or any part thereof hath
been landed or delivered on fhore, whereby the ſaid ſalt hath perished
and been wholly loft, and many of his Majefty's good fubjects, owners
of fuch falt, have fuftained great and heavy damages thereby, for
which no relief or redress in respect to the ſaid duty and excife have
hitherto been provided: and whereas by an act of parliament made
in the fecond year of the reign of her late majesty Queen Anne, in-
tituled, An act for the better fecuring and regulating the duties
upon falt, it is, among other things, provided and enacted, That in
fuch cafes, where any fali, for which the faid duty hath been paid,
Shall by violent or formy weather be loft at fea, any merchants, or
other perfons, owners of the faid falt, being fubjects of this realm,
fhall upon due proof made thereof before fuch justices at fuch times,
and in fuch manner, and with fuch restrictions as in the fame act
are fet forth, receive a certificate of fuch proof as is therein directed,
upon producing thereof to any the officers appointed to collect the du-
ties on falt, the faid officer or officers fall let fuch perfons buy the like
quantity
1721.]
377
Anno octavo GEORGII I. c. 5, 6.
quantity of falt, as is expreffed in fuch certificate to be loft, without
paying any duty or excife for the fame, as in and by the faid act is ex-
preſſed: be it therefore enacted by the authority aforefaid, That Relief for falt
all and every fuch merchants, and others as aforefaid, who fhall perished, or
be owners of any falt, which after due payment of the faid du- loft by forms,
I any har-
ty ſhall perish or be loft in any of the ports or harbours, or rivers bour or river
of this realm, by ftorms or rages of the tides from fea, or other- of this realm.
wife, as aforefaid, fhall, upon fuch proofs to be made thereof, in
all points, and in manner as by the faid recited act is directed, be
intitled to fuch certificate, and thereupon to fuch right and pri-
vilege in all reſpects, as any owners of the like falt loft at fea
in the like cafe, are entitled to by virtue of the faid act; any
former law or ſtatute to the contrary notwithſtanding.
CAP. V.
An act to explain and amend the act paffed in the third year of his pre- Continued by
fent Majeſty's reign, for repairing the highway from feveral places there- 8 Geo. 2. c. 28.
in mentioned, leading towards Highgate Gatehoufe and Hampſtead in
the county of Middlefex.
CAP. VI.
An act for granting the people called Quakers, fuch forms
of affirmation or declaration, as may remove the difficulties
which many of them lie under.
W
HEREAS
for giving fome cafe to fcrupulous confciences, an 1 W. & M.
act was made in the first year of the reign of their late ma- feff. 1. c. 18,
jefties King William and Queen Mary, intituled, An act for ex-
empting their Majesties proteftant fubjects, diffenting from the
church of England, from the penalties of certain laws, whereby
(among other things) a declaration of fidelity, in the form therein ex-
prefed, is appointed to be made and fubfcribed by certain perfons,
diffenters from the church of England, who fcruple the taking of any
oath: and whereas an act was made in the ſeventh and eighth years
of the reign of his faid late majesty King William the Third, in- 7 & 8 W. 3-
tituled, An act that the folemn affirmation and declaration of C. 34.
the people called Quakers, thall be accepted inftead of an oath
in the ufual form, under the provifions therein mentioned, which
act being at firft temporary, was afterwards farther continued by an
act made in the thirteenth and fourteenth years of the reign of his 13 & 14 W. 3:
faid late Majefly, and the fame act is made perpetual by an act made c. 4.
in the first year of his prefent Majefty's reign, by which laft mention-
ed act a form, importing the effect of the abjuration oath, is pre-
fribed to be taken by the faid people called Quakers: and whereas
the inconveniencies to the faid people called Quakers, and their fami-
lies, and to others requiring their testimony, in many cafes are not
fufficiently avoided, by reafon of difficulties among the faid Qua-
kers, relating to the forms of the declaration, affirmation and abju
ration before mentioned, as the fame are now preſcribed: and where-
as it is evident, that the faid people called Quakers, have not abuſed
the liberty and indulgence allowed to them by law, and they have given
teftimony of their fidelity and affection to his Majefly, and the ſettle-
378
[1721.
Anno octavo GEORGII I. c. 6.
Where any
mitted to
claration of
I
the affirmation
ment of the crown in the proteftant line, and it is reaſonable to give
them farther cafe and relief; may it therefore pleaſe your moſt
Quaker is per- excellent Majefty, that it may be enacted, and be it enacted by
make the de- the King's moft excellent majefty, by and with the advice and
conſent of the lords fpiritual and temporal and commons, in
fidelity requir- this prefent parliament aſſembled, and by the authority of the
ed by W.&M. fame, That in all cafes, where by law any Quaker is or fhall
feff. 1. c. 18. or be required or permitted to make and fubfcribe the declaration
of fidelity in the form preſcribed by the ſaid firſt mentioned act,
or to make the folemn affirmation or declaration in the form
preſcribed by the faid act of the feventh and eighth years of the
reign of his faid late majefty King William the Third, or to
take the effect of the abjuration oath in the form preſcribed by
the ſaid act of the first year of his prefent Majefty's reign, every
1 Geo..ftat. fuch Quaker fhall, inftead of fuch firft mentioned declaration of
fhall make the fidelity, make and fubfcribe a declaration of fidelity in the fol-
following de- lowing words, viz.
preſcribed by
7 & 8 W. 3.
C. 34. or to
make the ef-
fect of the ab.
juration en-
joined by
2. c. 6. he
claration of
fidelity.
The declara-
tion.
And instead of
I A. B. do folemnly and fincerely promife and declare, That I will
be true and faithful to King George; and do folemnly, fincerely,
and truly profefs, teftify and declare, That I do from my heart ab
hor, deteft and renounce, as impious and heretical, that wicked doc-
trine and pofition, That princes excommunicated or deprived by the
pope, or any authority of the fee of Rome, may be depofed or mur-
thered by their fubjects, or any other whatfoever. And I do declare,
That no foreign prince, perfon, prelate, state or potentate, hath or
ought to have, any power, jurifdiction, Juperiority, preheminence or
authority, ecclefiaftical or ſpiritual within this realm.
And instead of the folemn affirmation or declaration, in the
the affirmation form prefcribed by the faid act of the ſeventh and eighth years of
in 7 & 8 W. 3. the reign of his faid late majefty King William the Third, every
following affir-
fuch Quaker fhall make the folemn declaration or affirmation
mation. following, viz.
fhall make the
The affirma-
tion.
And instead of
I
A. B. do folemnly, fincerely, and truly declare and affirm,
And inflead of the form preſcribed by the faid act of the firſt
the form of year of his preſent Majefty's reign, for the effect of the abjura-
the abjuration tion oath, every fuch Quaker ſhall take the effect thereof in the
by Geo. I. following words, viz.
1 1.
I
ftat. 2. c. 6.
fhall take the
effect thereof
as follows.
Effect of the
abjuration
path.
A. B. do folemnly, fincerely, and truly acknowledge, profeſs, tefli-
fy, and declare, That King George is lawful and rightful King
of this realm, and of all other his dominions and countries thereunto
belonging; and I do folemnly and fincerely declare, That I do believe
the perfon pretended to be the prince of Wales, during the life of the
late King James, and fince his decenfe, pretending to be, and taking
upon himself the file and title of King of England, by the name of
James the Third, or of Scotland, by the name of James the Eighth,
or the file and title of King of Great Britain, hath not any rightor title
what
1721.] Anno octavo GEORGII I. c. 6.
379
whatsoever to the crown of this realm, nor any other the dominions
thereunto belonging; and I do renounce and refufe any allegiance or
obedience to him. And I do folemnly promife, that I will be true and
faithful, and bear true allegiance to King George, and to him will
be faithful against all traiterous confpiracies and attempts whatsoever,
which fhall be made against his perfon, crown or dignity. And I will
do my best endeavour to diſcloſe and make known to King George, and
his fucceffors, all treafons and traiterous confpiracies, which I fall
know to be made against him, or any of them. And I will be true
and faithful to the fucceffion of the crown against him the faid James,
and all other perfons whatsoever, as the fame is and ftands fettled
by an act, intituled, An act declaring the rights and liberties of
1 W. & M.
the ſubject, and fettling the fucceffion of the crown, to the late Seff. 2. c. 2.
Queen Anne, and the heirs of her body, being proteftants; and as
the fame, by one other act, intituled, An act for the further limi-
12 & 13 W. 3.
tation of the crown, and better fecuring the rights and liberties c. 2.
of the ſubject, is and ftands fettled and intailed, after the deceafe of
the faid late Queen, and for default of iffue of the faid late Queen,
to the late princess Sophia, electoress and dutchefs dowager of Hano-
ver, and the heirs of her body, being proteftants. And all these things
I do plainly and fincerely acknowledge, promife and declare, according
to thefe express words by me fpoken, and according to the plain and
common fenfe and understanding of the fame words, without any equi-
vocation, mental evafion, or fecret refervation whatſoever. And I
do make this recognition, acknowledgment, renunciation and promiſe,
heartily, willingly and truly.
And all perfons authorized or required to adminiſter or tend-
The perfons
er, either the faid former declaration of fidelity, or the faid for- required to
mer folemn affirmation or declaration, or the former effect of the adminifter the
abjuration oath aforefaid, fhall be and are hereby authorized and former decla-
required to adminifter and tender the fame refpectively to the faid ration, fhall
adminiſter the
people called Quakers, in the words by this act reſpectively ap- fame in the
pointed.
words ap-
this act.
tion, &c. ap-
II. And be it further enacted by the authority aforefaid, That pointed by
the declaration of fidelity, and folemn affirmation or declaration,
and the effect of the abjuration oath, appointed by this act for The declara-
the faid people called Quakers, inftead of the refpective forms pointed here-
prefcribed for the fame by the faid recited acts, fhall refpective- by, to be of
ly be adjudged and taken to be of fuch and the fame force and the fame force,
effect, and no other, to all intents and purpoſes, in all courts as if taken in
the forms pre-
of juſtice and elſewhere, as if fuch Quaker had made and fub- fcribed by the
fcribed the declaration of fidelity, or had made the folemn former acts.
affirmation or declaration, or had taken the effect of the abjura-
tion oath, in the reſpective forms appointed by the faid recited
acts and if any perfon making fuch affirmation or declaration, Perſons con-
as is appointed by this act to be made, inſtead of the affirmation victed of falfe
or declaration in the form prefcribed by the before-mentioned affirming, &c,
act of the ſeventh and eighth years of the reign of his faid late pains of wilful
majeſty King William the Third, fhall be lawfully convicted of perjury.
wilful, falfe and corrupt affirming or declaring any matter or 7 & 8 W. 3.
liable to the
thing, C. 34.
380
[1721.
Anno octavo GEORGII I. c. 7, 8.
All claufes,&c.
thing, which if fworn in the common or ufual form, would have
amounted to wilful and corrupt perjury, every ſuch perſon ſo of-
fending ſhall incur and fuffer fuch and the fame pains, penal-
ties and forfeitures, as are inflicted or enacted by the laws and
ftatutes of this realm, against perfons convicted of wilful and
corrupt perjury.
III. Provided always, That all claufes, provifoes and excep-
in the recited tions, contained in the faid recited acts, or any of them, not
acts, not here- hereby exprefly altered or repealed, thall be of fuch and the
by altered, to fame force and effect, as they were before the making of this
remain in
force.
act.
CAP. VII.
An act for laying a dutyof two pennies Scots, or one fixth part of a pen-
ny fterling, upon every Scots pint of ale or beer that ſhall be brewed for
fale, vended, or tapped within the town of Elgine and privileges there-
of, for paying the publick debts of the faid town, and for other purpo-
fes therein mentioned.
After March 25, 1722, for 19 years, and to the end of the then next fef-
fion of parliament, a duty of two pennies Scots laid on all beer and ale fold,
&c. in Elgine. Payable by the brewers, &c. to the magiſtrates.
CAP. VIII.
An a&t to enable his Majesty effectually to prohibit commerce
(for the space of one year) with any country that is or ſhall
be infected with the plague; and for ſhortning the continu-
ance of an alt paffed in the feventh year of his Majeſty's
reign, intituled, An act for repealing an act made in the
ninth year of her late Majefty Queen Anne, intituled,
An act to oblige fhips coming from places infected,
more effectually to perform their quarentine; and for
the better preventing the plague being brought from
foreign parts into Great Britain or Ireland, or ifles of
Guernsey, Jersey, Alderney, Sark, or Man; and to hinder
the fpreading of infection.
W
HEREAS Several places in foreign parts, having for some
time paſt been, and ftill continuing to be vifited with the plague,
it may be judged neceffary by his Majesty, for fecuring his kingdoms of
Great Britain and Ireland, and the dominions thereunto belonging,
from fo dreadful a calamity, to prohibit or reftrain the commerce be
tween his Majesty's fubjects and thofe of any other country or place,
which is or ſhall be infected with the plague: and whereas it will be
requifite to inforce fuch prohibition or restraint by fevere penalties;
EXP.
The King may by proclamation, to be iffued before December 12, 1722.
forbid all perfons to go to any place infected, or to export or carry goods,
&c. to any fuch places before March 25, 1723. under the penalties fpeci-
fied in this act, and under the regulations in ſuch proclamation. His Ma-
jefty may likewife forbid any perfon to come or import any commodities
from fuch places before March 25, 1723. Goods, &c. exported contrary
hereto, and the veſſels, &c. fhall be forfeited. Exporters of fuch goods,
&c. fall forfeit double the value. Perfons coming from places infected
hall incur a Pramunire. Veffels and perfons coming from infected places,
and
1721.]
381
Anno octavo GEORGII I. C. 9, 10.
and attempting to enter any port of Great Britain or Ireland, may be hin- -
dered and oppofed by force. Veffels and perfons coming and goods brought
from infected places, and landing contrary to this act, fuch perfons fhall
be adjudged felons without benefit of clergy, and fuch ſhip and goods ſhall
be burnt. Perfons procuring fuch goods to be imported, fhall forfeit the
treble value thereof. Two thirds of the forfeitures to the King, the other
third to the informers.
K
VI. And be it further enacted by the authority aforefaid, That
an act paffed in the ſeventh year of his preſent Majeſty's reign, The act of
7Geo.1. ftat.1.
intituled, An act for repealing an act made in the ninth year of her c.3. to conti-
late Majesty Queen Anne, intituled, An act to oblige fhips coming nue in force
from places infected more effectually to perform their quaren- till March 25,
tine; and for the_better_preventing the plague being brought from 1723, and no
longer.
foreign parts into Great Britain or Ireland, or ifles of Guernſey, See 26 Geo. 2,
Jerfey, Alderney, Sark or Man, and to hinder the Spreading of in- c. 6.
fection, or any thing therein contained, fhall not continue in
force any longer than until the faid twenty fifth day of March.
one thouſand ſeven hundred and twenty three; any thing in the
faid act contained to the contrary in any wife notwithſtanding.
CAP. IX.
An act for continuing an act paffed in the tenth year of the reign of her
late Majefty, intituled, An act for repairing the highway between a certain
place, called Kilburn-Bridge in the county of Middlelex, and Sparrows-
Herne in the county of Hertford; and for making the faid act more ef-
fectual.
Continued for twenty one years after the expiration thereof. Farther con-
tinued by 22 Geo. 2. c.14.
CAP. X.
An act for repealing fuch claufes in the act paffed in the fe-
venth year of his Majesty's reign (relating to quarentine
and the plague) as give power to remove perfons from their
habitations, or to make lines about places infected.
HEREAS by an act passed in the feventh year of the reign Geo.1. ftat.1.
WH of his prefent Majefty, intituled, An act for repealing an c.3.
act made in the ninth year of the reign of her late Majefty Queen
Anne, intituled, An act to oblige hips coming from places infected,
more effectually to perform their quarentine; and for the better pre-
venting the plague being brought from foreign parts into Great
Britain or Ireland, or the ifles of Guernsey, Jersey, Alderney, Sark
or Man; and to hinder the ſpreading of infection, it is, amongst
other things enacted, That if any perfon infected with the plague, or
obliged to perform quarentine, fhall wilfully refuse or neglect to repair
within convenient time, after due notice for that purpoſe given to bim,
her or them, by the proper officer, to the fhip, house, lazaret, or other
place, duly appointed for him, her or them, or having been placed in
fuch fhip, houfe, lazaret, or other place, fhall efcape, or attempt to
efcape out of the fame, whilst he, he or they shall continue infected,
or before quarentine fully performed refpectively, it shall and may be
lawful to and for the watchmen, and other perfons appointed to fee
quarentine performed, by any kind of violence, that the cafe ſhall re-
quire, to compel every ſuch perſon ſo refuſing or neglecting as afore-
faid,
382
[1721.
Anno octavo GEORGII I. c. ið.
1
faid, and every fuch perfon fo efcaping, or attempting to escape as a-
forefaid, to repair or return unto fuch ſhip, house, lazaret, or other
place fo appointed for him or her as aforefaid; and every ſuch perſon
jo refufing or neglecting to repair within convenient time after fuch no-
tice as aforefaid, into fuch ſhip, houfe, lazaret, or other place appoint-
ed for him or her as aforefaid, and alfo every perfon actually efcaping
as aforefaid, fhall be adjudged guilty of felony, and fhall fuffer death
as, a felon without benefit of clergy and it is by the faid recited att
alfo further enacted, That if at any time or times hereafter, any city,
town or place within Great Britain or Ireland, fhall be infected with
the plague, it shall and may be lawful to and for his Majefty, his heirs
and fucceffors, to caufe one or more line or lines, trench or trenches,
to be caft up or made about fuch infected city, town or place, at a con-
venient distance from the fame, in order to cut off the communication
between fuch infected city, town or place, and the rest of the country;
and to prohibit all perfons, goods and merchandizes whatsoever, to en-
ter, paſs, or be carried over fuch lines or trenches, unless in fuch
cafes, and by fuch proper licence, and ſubject to fuch regulations and
reftrictions for performance of quarentine, as fhall be directed or per-
mitted by any order or orders made, or to be made by his Majesty, his
beirs or fucceffors, in council, and notified by proclamation; and in cafe
any perſon or perfons, being within fuch lines or trenches, or any of
them, fhall, during the time of fuch infection, preſume or attempt to
come out of the fame, unless in fuch cafes, and by fuch proper licence,
and ſubject to fuch regulations and refirictions for performance of qua-
rentine, as ſhall be directed or permitted by fuch order or orders made
or to be made, and notified as aforesaid; it shall and may be lawful to
and for the watchmen, or perfons appointed to guard or fecure fuch
lines or trenches, or any of them, by any kind of violence that the cafe
hall require, to compel all and every fuch perfon and perfons to return
back within fuch lines or trenches, and in cafe any perfon fhall actual-
ly come out of fuch lines or trenches, or any of them (unless in fuch
cafes, and by fuch proper licence, and fubject to fuch regulations and
reftrictions as aforefaid) every fuch perfon fhall be adjudged guilty of
The claufes in felony, and fuffer death as a felon without benefit of clergy: and where-
the recited
as the execution of the powers and authorities mentioned in the faid re-
act, giving
cited claufes might be very grievous to the fubjects of this kingdom; be
it therefore enacted by the King's moft excellent majeſty, by and
with the advice and confent of the lords ſpiritual and temporal
and commons, in this prefent parliament affembled, and by the
authority of the fame, That the faid recited claufes, and the pow-
ci-
any ers therein mentioned, and all other powers in the ſaid act, to
ed, or to com compel any perfon or perfons to remove from his, her or their
pel perfons to habitations, to any fhip, lazaret or other place, fhall be 'and
remove from are hereby repealed and made void from and after the five and
their habita- twentieth day of March one thouſand ſeven hundred and twen-
tions, repeal-
ty two.
power to re-
move perfons
infected to a-
ny ship, &c. or
to make lines
about
ty, &c. infect-
ed after
March 25,
1722.
This act fhall
not repeal a
II. Provided always, That nothing in this act contained ſhall
be conftrued to repeal or make void any of the powers or penal-
ties in the faid recited act mentioned, relating to perſons who
fhall be on board any thip obliged to perform quarentine, or fhall
6
come
1721.]
383
Anno octavo GEORGII I. C. II.
come on ſhore, or go on board any other ſhip from any fhip ny powers or
obliged to perform quarentine, but that ſuch powers and penal- penalties in
ties fhall be and remain in as full force, as if this act had not
been made.
CAP. XI.
the former
act, relating
to perfons
obliged to
perform qua-
An act for reſtoring and rebuilding the haven and piers of rentine, &c.
Bridport in the county of Dorfet, and for making a fluce
there.
WE
HEREAS good harbours and ports for fhipping are the
greatest encouragement to trade and navigation, upon which
the riches and ſtrength of this kingdom do chiefly depend: and where-
as the borough or town of Bridport in the county of Dorset, was here-
tofore by reafon of the haven or port there, a place of great trade and
commerce, and as fuch hath been taken notice of by feveral charters of
his Majesty's royal predeceſſors, and other antient records; but by rea-
fon of a great fickness, which heretofore happened in the faid borough
or town, and ſwept away the greatest part of the wealthy inhabitants
thereof, and by other accidents, the faid haven became neglected and
choaked with fands, and the piers thereof fell to ruin, to the great de-
cay of the trade of the faid borough; and as now there is no fecuri-
ty for hips that happen to come, or be driven by ſtreſs of weather in-
to the deep and dangerous bay, wherein the faid haven formerly was,
hipwrecks frequently happen, and the lives and eftates of many of his
Majefty's fubjects are loft, which might be prevented, if the faid ha-
ven and piers were restored and rebuilt with proper and convenient
fluce or fluces to Scour and cleanse the fame, and the antient trade of
the faid borough thereby might be revived, his Majesty's customs much
augmented, and the value of lands adjacent be greatly improved: ta
the end therefore that the faid haven or harbour, and piers, may be re-
Stored and rebuilt, and fuch fluce and fluces made, with proper and
convenient keys, wharfs and landing-plaies, for loading and unloading
of fhips; be it enacted, &c.
The bailiffs and capital burgeffes of Bridport in Com. Dorf. appointed
truſtees for repairing the haven and piers there, &c. And they or their
affigns may, after June 24, 1721, affign a place near Bridport Mouth, where
the faid harbour, piers, fluices, &c. fhall be made, where the materials fhall
be laid, &c. The major part of the bailiffs, &c. may remove rocks and
ftones on the fea fhore, within three miles from Bridport Mouth; may
have free paffage, &c. But they fhall agree with the owners, &c. of the
ground. If any perfons refufe to agree, or through difability cannot,
two juftices of Dorfetfhire may iffue precepts to the fheriff of that county,
for impanelling a jury. The fheriff to return twenty four qualified per-
fons, to whom the parties intereſted may have legal challenges. The firft
twelve being fworn, fhall affefs damages to the proprietors. The juftices
to give judgment for the fums affeffed. There fhall be paid to the collectora
for every weigh of falt, laſt of wheat, rye, &c. chaldron of coals and tun
of other goods, imported and exported, 12 d. Every fhip, &c. of ten tun
burthen, or above, to pay 2 d. per tun. The bailiffs, &c. may convey the
duties as a fecurity for money borrowed. When the bailiffs, &c. are re-
paid the money laid out, the duties fhall ceafe: and from thenceforth each
weigh of falt, laft of wheat, &c. chaldron of coals and tun of other goods,
&c. imported or exported, fhall pay only 6 d. And each fhip, &c. 1 d. per
tun. Saving to the lords of Symondsbury, Burton and Bothenhampton,
all their rights, &c.
CAP.
384
[1721
Anno octavo GEORGII I. c. 12.
3 & 4 Ann.
C. 10.
€. 9.
CAP. XII.
An alt giving further encouragement for the importation of
naval ftores, and for other purpoſes therein mentioned.
W
HEREAS in the third and fourth years of the reign of her
late Majesty Queen Anne, a good law was made for encou-
raging the importation of naval ftores from her Majefty's plantations
in America, by an act which commenced the first day of January one
thouſand ſeven hundred and five, and continued from thence forward
12 Ann. ftat. 1. for the space of nine years; and by an act made in the twelfth year
of her faid late Majefty's reign, the aforefaid act is continued from
the time of the expiration of the fame, for the further term of eleven
years, and from thence to the end of the next feffion of parliament;
and by the act last mentioned, encouragement is given for the impor-
tation of naval ftores from that part of Great Britain called Scot-
land, to that part of Great Britain called England, during the re-
mainder of the time limited for granting premiums to the importers of
naval flores from America, by the faid acts: and whereas, in con-
fequence of the faid encouragement, it is found by experience that
great quantities of good and merchantable pitch and tar (part of the
naval ftores mentioned in the faid acts) have been imported into this
kingdom from the faid plantations in America, which pitch and tar
have been found uſeful for the ſervice of his Majesty's navy, and it is
neceffary to give further encouragement therein: and whereas it is
probable that the owners of large tracts of land in the faid plantations,
and in that part of Great Britain called Scotland, lying near the fea,
and upon navigable rivers, would be induced to fow the fame with.
hemp, if farther encouragement were given for that purpoſe: may it
therefore pleaſe your moſt excellent Majefty, that it may be en-
acted, and be it enacted by the King's moſt excellent majesty,
by and with the advice and confent of the lords fpiritual and tem-
poral and commons, in this prefent parliament affembled, and
by the authority of the fame, That the premium or reward of fix
ton of hemp pounds, given by the faid acts for every ton of hemp water-rot-
&c. continued ted, bright and clean, each ton containing twenty grofs hun-
from expira- dreds and fix pounds, fhall be continued from the expiration of
tion of the act the faid act of the twelfth year of her faid late Majefty's reign,
16 years, &c. for and during the term of fixteen years, and from thence to the
Farther conti- end of the next feffion of parliament, and fhall be paid and pay-
nued by 16 Geo. able in the fame manner, and under the fame rules, methods
2. C. 26. and and reſtrictions, as are preſcribed in and by the faid former acts
24Geo.2.c 57.
or either of them, touching the fame; and all fuch hemp, be-
ing lawfully imported into this kingdom after the four and twen-
Hemp import- tieth day of June one thouſand ſeven hundred and twenty two,
fhall be free and clear of and from all duties, cuftoms and im-
pofitions whatſoever, payable to his Majefty, his heirs or fuc-
ceffors; any law, cuftom or other matter or thing to the con-
trary in any wife notwithſtanding.
Premium for
32 Ann. for
ed after 24
June, 1722,
duty-free.
II. And whereas great quantities of wood and timber, and of the
goods commonly called lumber, herein after particularly enumerated,
(that is to fay) deals of fiveral forts, timber balks of ſeveral ſizes,
barrel
1721.] Anno octavo GEORGII I. C.12.
385
:
barrel boards, clap boards, pipe boards, or pipe holt, white boards
for hoemakers, boom and cant fpars, bow staves, capravens, clap
holt, ebony wood, headings for pipes, and for hogsheads and barrels,
hoops for coopers, oars, pipe and hogshead ftaves, barrel staves, firkin
Staves, trunnels, Speckled wood, fweet wood, fmall fpars, oak, plank
and wainscot, or fome of them, have ufually been imported into this
kingdom from foreign countries at exceffive rates or prices, especially
in time of war, and foreigners have thereby found opportunities to
export the coined monies of this realm; and it is well known that the
faid commodities, being of the growth and product of his Majesty's
plantations in America, may be furnished from thence, if due encou-
ragement was given in that behalf; be it therefore enacted by the
authority aforefaid, That all and every perfon and perfons, who, Wood, lum
within the term of one and twenty years, to be reckoned from ber, &c. (ex-
the four and twentieth day of June one thouſand feven hundred cept mafts,
&c.) imported
and twenty two, fhall import or caufe to be imported into Great from America,
Britain, directly from any of his Majeſty's Britiſh plantations or for 21 years
colonies in America, in any fhip or veffel, fhips or veffels, which after 24 June
may lawfully trade to or from his Majefty's faid plantations or 1722, duty-
colonies, and which fhall be navigated according to law, any
fort of wood, plank or timber whatſoever, wrought or unwrought,
or any of the goods called lumber, before in this act enumerat-
free.
1Geo.2. ftat.z.
ed, fuch wood, plank, timber and lumber, being of the growth Lignum Vitæ
and product of the faid plantations or colonies, or fome of them, may be imported
(except mafts, yards and bowfprights, touching which duties duty-free by
and premiums are afcertained by former acts in that behalf) C. 17. f. 5.
fhall and may import the fame free from all cuſtoms and impo-
fitions whatſoever, granted to his Majefty, his heirs or fuc-
ceffors.
ed, to be ten-
III. And to the end his Majeſty's royal navy may, from time Pre-emptionof
to time, have the benefit of fo much of fuch hemp, as fhall be hemp import-
requifite for the fervice thereof; be it further enacted by the au- dered to com-
thority aforefaid, That upon the importation of any hemp, for miffioners, &c.
which any bounty or premium is by this or any former act gi- of the navy.
ven, the pre-emption or refufal of fuch hemp fhall be offered Such hemp not
and tendered to the commiffioners of his Majefty's navy, or fome contracted for
of their agents for the time being, upon landing the fame; and by them with.
if within the fpace of twenty days after fuch tender, the faid in 20 days, to
commiffioners fhall not contract or bargain for the fame, it fhall difpofed of.
be lawful for the importer or importers, owner or owners of fuch
hemp, otherwife to difpofe thereof, as by law they may, for his,
her or their beſt profit and advantage.
be otherwiſe
IV. And whereas in and by the faid act, made in the third and
3 & 4 Ann.
fourth years of her faid late Majefly Queen Anne, [intituled, An c. 10.
act for encouraging the importation of naval ftores from her Ma-
jeſty's plantations in America,] a reward or premium was given for
tar, brought into this kingdom directly from her Majefty's plantations
in America, after the rate of four pounds for every ton of good and
merchantable tar, under fuch rules, regulations, and provifoes, as are
therein mentioned; which act was continued by one other act made in
the twelfth year of the fame reign, [intituled, An act for continuing 22Ann. fat.r.
VOL. XIV.
CC
an
c. 9.
i
7
386
[1721.
Anno octavo GEORGII I. C. 12.
After 29 Sept.
an act made in the third and fourth years of the reign of her pre-
fent Majefty, intituled, An act for encouraging the importation
of naval ftores from her Majeſty's plantations in America; and
for encouraging the importation of naval ftores from that part of
Great Britain called Scotland to that part of Great Britain called
England, and is still in force; and by the faid last mentioned act
the like reward or premium of four pounds per ton, was extended to
and given for tar brought from that part of Great Britain called
Scotland to that part of Great Britain called England, under the
like rules, regulations, and provifoes, as in the cafe of plantation tar :
$ Geo.1.c.11. and whereas by one other act paffed in the fifth year of the reign of his
prefent Majesty, intituled, An act againſt the clandeftine running of
uncuſtomed goods; and for the more effectual preventing of frauds
relating to the customs, the faid reward or premium is to be allowed
for fuch tar only as ſhould be clean, good, merchantable, and well con-
ditioned, and fit for making cordage; and nevertheless, the tar im-
ported from the faid plantations has hitherto been found to retain an
bot and thick quality, whereby it is not fo fit for making cordage, as the
Eaft country tar: wherefore for remedy thereof for the future and to
the end his Majeſty's navy may have the benefits intended by
the ſaid acts, in being fupplied with plantation tar fit for mak-
ing cordage; be it enacted by the authority aforefaid,. That from
1724, No cer- and after the twenty ninth day of September which fhall be in
tificate to be
the year of our Lord one thouſand feven hundred and twenty
made by offi-
cer of the cu- four, no certificate be made out by any officer of his Majefty's
ftoms for tar cuſtoms, in any port of this kingdom, for any tar which ſhall
imported, &c. be imported into this kingdom, from any of his Majeſty's colo-
nor bill grant-nies or plantations in America, nor any bill made out by the com-
ed by commif-
miffioners or principal officers of his Majefty's navy, whereby to
entitle the importer of ſuch tar to any reward or premium, un-
lefs the certificate of the governor, lieutenant-governor, collector
of the customs, and naval officer, or any two of them, (which
certificate is by the faid act of the third and fourth years of the
reign of her faid late Majefty Queen Anne, directed to be by them.
made out in fuch terms, manner and form, and for fuch intents
and purpoſes as are therein mentioned) do exprefs, That it has
green trees in appeared to them (the perfons fo certifying) by the oath of the
manner here- Owner or maker of the tar, for which fuch certificate fhall be
by prefcribed. granted (fuch oath to be made before any juftice of the peace
within the colony or plantation where fuch tar fhall be made,
who is hereby authorized to adminifter the fame) that the tar
therein mentioned was made from green trees prepared for that
purpoſe, after the following manner; that is to fay, That when
fuch trees were fit to bark, the bark thereof was ftript eight foot,
or thereabouts, up from the root of each tree, a flip of the bark
of about four inches in breadth having been left on one fide of
each tree; and that each tree, after having been fo bark'd, had
ſtood during one year at the leaſt, and was not before cut down
for the making of tar; any thing herein, or in any former law
to the contrary notwithstanding.
fioners of navy
to entitle im-
porter to a
premium, un-
lefs certificate
from gover-
nor, &c. do
exprefs that
fuch tar was
made from
The manner.
Farther provi-
fions relating
hereto,2 Geo.z.
c. 35. f. 12.
}
!
V. And
1721.]
387
Anno octavo GEORGII I. c.12.
V. And whereas the larvs already made, and ftill in force, for the
prefervation of white pine-trees in his Majesty's colonies of New
Hampshire, the Maſſachuſets Bay, and province of Main, Rhode-
Ifland, and Providence Plantation, the Narraganset country, or
King's Province, and Connecticut in New England, and New
York, and New Jerſey, in America, for the mafting the royal na-
vy, have been found infufficient for that purpoſe, ſo that a further
provifion is necessary to be made therein: and forafmuch as there are
great numbers of white pine trees, fit for mafting the royal navy,
growing in his Majesty province of Nova Scotia in America; be it
therefore enacted by the authority aforefaid, That from and af- No white pine-
ter the twenty firſt day of September one thouſand ſeven hundred trees, &c. in
and twenty two, no perſon or perſons within the faid colonies America to be
or plantations of Nova Scotia, New Hampshire, the Maſſachuſets cut or felled
Bay, and province of Main, Rhode-Iland, and Providence Plan- after 21 Sept.
tation, the Narraganset country, or King's Province, and Connec- Farther provi-
ticut in New England, and New York, and New Jersey, in Ame- vifions relating
rica, or within any of them, do or fhall prefume to cut, fell or bereto, 2Geo.2.
deftroy any white pine-trees, not growing within any township,
or the bounds, lines or limits thereof, in any of the faid colo-
nies or plantations, without his Majeſty's royal licence for fo do-
ing firſt had and obtained, on pain that every perſon ſo cutting,
felling and deſtroying fuch pine-trees, or who fhall be aiding or
affifting therein, or in drawing away the faid pine-trees, after
the fame ſhall have been fo cut, felled or deftroyed, fhall, for
every ſuch offence, forfeit and pay the feveral and refpective
fums following; That is to fay, for every white pine-tree, of
1722.
C. 35.
the growth of twelve inches diameter and under, at three foot Penalties on
from the earth, the fum of five pounds; for every fuch tree, from offenders,
twelve inches to eighteen inches diameter, the fum of ten pounds;
for every fuch tree, from eighteen inches to four and twenty in-
ches diameter, the fum of twenty pounds; and for every fuch
tree, from four and twenty inches diameter and upwards, the
fum of fifty pounds; which feveral penalties and forfeitures fhall
and may be ſued for within fix months after the offence commit- How to be re-
red, by plaint or information, upon the oath of one or more covered.
credible witneſs or witneffes, before the judge of the admiralty,
or his deputy, within the colony or plantation, where fuch pine-
tree ſhall be cut, felled or deſtroyed; one moiety of ſuch penal-
ties and forfeitures to be to his Majefty, his heirs or fucceffors,
the other moiety to the informer who fhall fue for the fame ;
and in cafe any diſpute fhall arife whether fuch tree, when cut,
felled or deſtroyed, was growing within any townſhip, or the
bounds, lines or limits thereof, as aforefaid, the proof fhall lie
upon the owner; and on conviction of ſuch offender for fuch
offence, as aforefaid, if he fhall refufe or neglect to pay the pe-
nalty and forfeiture thereby incurred by the ſpace of twenty days
after fuch conviction, that then fuch judge or his deputy fhall
and may, by warrant under his hand and feal, cauſe the fame
to be levied by diſtreſs and ſale of the goods of the offender, ren-
dering the overplus, if any be, to the owner; and when no fuf-
ficient
Cc 2
1
1
388
Anno octavo GEORGII I. C. 13, 14. [1721.
White pine-
trees, maits,
&c. felled
without li-
cence, forfeit-
ed to the
King.
9 Ann. c. 17.
ficient diſtreſs can be found, fuch judge or deputy ſhall commit
the offender to prifon, within the colony or plantation where
ſuch offence ſhall be committed, there to remain without bail
or mainprize, during fuch time as fuch judge or deputy fhall ap-
point, not exceeding twelve months, nor lels than three months,
or until ſuch offender fhall pay the penalty or fum of money-
fo
recovered; and after fuch payment made, fhall likewife find
fufficient fecurity for his good behaviour, during the ſpace of
three years, to be accounted from the time of fuch his convic-
tion: and it is hereby declared, that all white pine-trees, maſts
orlogs made from fuch trees, which from and after the faid one
and twentieth day of September one thouſand feven hundred and
twenty two fhall be found cut or felled without fuch licence as a-
forefaid, in any of his Majefty's faid colonies or plantations, ſhall
be forfeited and feized for the ufe of his Majefty, his heirs and
fucceffors; any former law, ufage or cuftom to the contrary
notwithſtanding.
VI. And whereas by one other act made in the ninth year of the
reign of her late Majesty Queen Anne, intituled, An act for the pre-
ſervation of white and other pine-trees growing in her Majeſty's
colonies of New Hampshire, the Maffachufets Bay, and province
of Main, and Rhode Island, and Providence Plantation, the Nar-
raganset country, or King's Provence, Connecticut in New Eng-
land, and New York, and New Jersey, in America, for the maſt-
ing her Majeſty's navy, it was amongst other things, enacted, That
no perſon or perſons, within the faid colonies and plantations, ſhould
cut, fell or deftroy any white pine-tree, fit for maft (not being the
property of any private perfon) fuch tree being of the growth of four
and twenty inches diameter and upwards, at twelve inches from the
earth, without her Majesty's licence, on the penalty of one hundred
pounds fterling, to be recovered, levied and diftributed, as therein is
mentioned; be it hereby further enacted, That fo much of the
Repeal of part faid act as relates to the cutting, felling or deſtroying ſuch white
of 9 Ann. c.17
for preferva- pine-trees, and the penalties to be incurred thereby, fhall, from
tion of white and after the one and twentieth day of September one thouſand
feven hundred and twenty two, be and ſtand abſolutely repealed.
and other
pine-trees,&c.
CAP. XIII.
An act for the amending the highways leading from Brampton Bridge near
Church Brampton in the county of Northampton, through the pariſh
of Thornby, to a bridge called Welford Bridge in the parish of Wel-
ford in the faid county; and alfo the great poft-road from a place call-
ed Morter Pit Hill in the parish of Pisford in the faid county, through
the towns and parishes of Brixworth, Lamport, Maidwell, Kelmarſh and
Oxenden Magna, to a bridge called Chain Bridge, leading into Market
Harborough in the county of Leiceſter.
The toll granted by this act is to have continuance from the 25th of March
1721, for 21 years. Continued by 23 Geo. 2. c.8.
CAP. XIV.
An act for making the river Eden navigable to Bank End in the county
of Cumberland.
The undertakers Thomas Pattinſon, &c. their heirs and affigns, impow-
ered to improve the paffage of the river Eden, and render it more navi-
gable
1721.]
389
Anno octavo GEORGII I. C.15:
gable for barges, &c. from Ellen Foot, to Bank End. To which purpoſe
they may cleanfe, deepen, &c. the faid river, erect new works, &c. Remove
fand, &c. They hall not ftraiten the river but by making it deeper. The
juftices of Cumberland in quarter-feffions to determine what fatisfaction
Thall be given to the owners of grounds. To fummon the parties concern-
ed, and enquire by witneffes upon oath, of the damage. Tolls to be tak-
en by the undertakers for 31 years, viz. For every tun of coal eight pence,
and for every tun of cynders one ſhilling and four pence, and for every
tun of lime or limeftone eight pence. Perfons throwing dirt into the ri-
ver may be fued, and fhall pay the cofts of the removal, and treble costs of
fuit. Saving to the lords, &c. of royalties, &c. their liberties of fishing, &c.
Coals carried from Ellen Foot to Bank End, not liable to the duty. Own-
érs of boats thall enter into bond to land the coals in the bay of the river
Eden in Com. Cumberland, and bring a return figned by the proper offi-
cer. Is. to be paid for the bond, and 4 d. for the return. Mafters of
boats, &c. not obliged to take a certificate, &c. for loading or conveying
lime from creek to Creek between Ellen Foot and Bank End.
CAP. XV.
An alt for encouragement of the filk manufactures of this
kingdom; and for taking off ſeveral duties on merchan-
dizes exported; and for reducing the duties upon beaver-
ſkins, pepper, mace, cloves and nutmegs imported; and for
the importation of all furs of the product of the Britiſh
plantations, into this kingdom only; and that the two cor-
porations of affurance, on any fuits brought on their poli-
cies fhall be liable only to fingle damages and coſts of fuit.
M
AY it pleaſe your most excellent Majefty, whereas the wealth
and profperity of this kingdom doth very much depend upon the
improvement of its manufactures, and the profitable trade carried on
by the exportation of the fame, which trade ought, by all proper
means, to be encouraged, for the more comfortable ſupport and main-
tenance of great numbers of your Majesty's fubjects employed in the
making or working of fuch goods, and for the enlargement of the com-
merce of Great Britain: and whereas the manufacture of filk, ſtuffs,
and of fluffs mixed with filk, which is one of the most confiderable
branches of the manufactures of this kingdom, has of late years, been
greatly improved in this kingdom, and there is reafon to believe, that
the exportation of them into foreign parts would confiderably increaſe,
were it not obstructed and hindered by reafon of the high duties payable
upon the importation of raw and thrown filk, without any allowance
being made upon the faid filks, when wrought up and exported; and
in regard the faid raw and thrown filk, when exported unmanufac-
tured, do draw back great part of the duties paid inwards; and it
Seems juft and reasonable that the faid filks, when made up, ſhould al-
So enjoy the fame benefit and allowance upon the exportation of them;
and for that there is a waste of the raw and thrown filk, ufed in the
manufacture: therefore we your Majeſty's most dutiful and loyal
fubjects, the commons of Great Britain in parliament affembled,
do humbly pray your Majefty, 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 com-
mons, in this prefent parliament affembled, and by the authority
Cc 3
of
}
携
​390
[1721,
Anno octavo GEORGII I. c.15.
*
commodities
tain.
Allowances to of the fame, That the ſeveral and refpective allowances or fums
exporters of of money hereafter in this act expreffed, fhall be paid to any
manufactured perfon 'or perfons, who at any time or times, within or during
in Great Bri- the term of three years, to be reckoned from the twenty fifth
day of March one thouſand ſeven hundred and twenty two, or
Theſe clauſes
at any time or times before the end of the then next feffion of
farther conti- parliament, fhall really and truly export out of this kingdom by
nued by 11Geo. way of merchandize, any of the goods or commodities of the
1.c.29. fect.2. manufacture of Great Britain, herein after particularly fpecified,
for three years, and fo in proportion for any greater quantity; that is to ſay,
end of the next feffion, and farther continued by 2 Geo. 2. c. 28. to Sept: 1734. Explained by 1
Geo. 2. ftat. 2. c. 17. fect.10. Farther continued by 15 Geo. 2. c.35. and by
20 Geo. z. c. 45.
and to the
Ribbons, &c.
of filk only.
Silk, &c. mix-
For all ribbons and ſtuffs made in Great Britain of filk only,
and exported as aforefaid, the fum of three fhillings for every
pound-weight Averdupois.
For all filks and ribbons made in Great Britain of filk mixed
ed with gold or with gold or filver, and exported as aforefaid, the fum of four-
fhillings for every pound weight Averdupois.
filver.
Silk stockings,
&c.
Stuffs of filk
and grogram
yarn.
Silk mixed
For all filk ſtockings, filk gloves, filk fringes, filk laces,
ftitching or fewing filk, made in Great Britain, and exported
as aforefaid, the fum of one (hilling and three pence for every
pound weight Averdupois.
For all ftuffs of filk and grogram yarn made in Great Britain,
and exported as aforefaid, the fum of eight pence for every pound-
weight Averdupois.
For all stuffs made in Great Britain of filk mixed with incle or
with incle or cotton, and exported as aforefaid, the fum of one fhilling for
every pound-weight Averdupois.
cotton.
Stuffs of filk
For all filks made in Great Britain of filk and worsted, and
and worfted. exported as aforefaid, the fum of fixpence for every pound-weight
Averdupois.
By whom the
allowances
Which feveral and refpective allowances, or fums of money
for each ſpecies before mentioned, fhall be paid and anſwered
ſhall be paid. by the cuſtomer or collector of the cuſtoms, with the privity of
the controller of the port, from whence the fame ſhall be export-
ed, on a debenture to be made forth by the customer or collector,
according to the entry of the goods, and the ſhipping thereof
verified by the fearcher, and oath made by the exporter on the
entry or debenture, before the cuſtomer or collector, or control-
ler of fuch port, that the faid goods are of British manufacture,
and exported or intended to be exported to parts beyond the
ſeas, and not relanded or intended to be relanded in any part of
Great Britain, the exporter, with one or more perfon or perfons,
firft giving fufficient fecurity to the faid cuftomer or collector of
the port, in a penalty of the value of the goods (which fecuri-
ty they are hereby impowered to take in the name and to the
filks, &c. fhall ufe of his Majefty, his heirs and fucceffors) that fuch filk, ſtuffs,
not be reland- or other manufactures before mentioned, fo fhipped or intend-
ed to be ſhipped, or any part thereof, fhall not be relanded or
brought on ſhore again, in any port or part of Great Britain;
and
Security to be
given by ex-
porter, that
ed.
6
I
1721.]
391
Anno octavo GEORGII I. C.15. ·
and ſuch fecurities fhall be diſcharged in the manner hereafter Securities how
mentioned, that is to fay, for fuch of the faid goods as fhall be difcharged.
Altered by
entered for, or landed in the kingdom of Ireland, the islands of Geo.z.ftat.2.
Guernsey, Jersey, Alderney, Sark or Man, the condition of the c.17. feet.9.
bond fhall be to bring in a certificate in diſcharge thereof, with-
in fix months from the date of the bond, and within eighteen
months for fuch of the faid goods as ſhall be entred for, or land-
ed in any of his Majefty's plantations in America, which refpec-
tive certificates for fuch filks, ſtuffs, or other manufactures a-
forefaid, as ſhall be landed in any port or place, where any offi-
cer or officers of his Majeſty's cuſtoms fhall be reſident, ſhall be
figned by the proper officer or officers of his Majeſty's cuſtoms
there, importing that fuch goods were there landed, teſtifying
the landing thereof; and for fuch filk, ſtuffs, and other manu-
factures aforesaid, as ſhall be entred for the iſlands of Jerſey,
Guernsey, Alderney or Sark, fhall be figned by the proper officer
or officers of his Majefty's cuftoms, if any fuch officer or offi-
cers ſhall be reſiding in thoſe iſlands reſpectively, and for want
of fuch officer refiding there, then by the governor of thoſe
islands, or the deputy-governor thereof refpectively; and for
ſuch filk, ſtuffs, or other manufactures aforefaid, as fhall be fo
entered for any other foreign port or place, to bring a certificate
under the common feal of the chief magiftrate in ſuch port or
place, or under the hands and feals of two known Britiſh mer-
chants then being at fuch port or place, that fuch filks, or other
manufactures, were there landed; or ſuch bond or bonds ſhall
be diſcharged upon proof in either of the faid cafes, that fuch
goods were taken by enemies, or periſhed in the feas, the exa-
mination and proof thereof being left to the judgment of the
commiffioners of the cuſtoms in England or Scotland refpectively
for the time being.
II. And for the better preventing frauds in the entering any Searcher, &c.
of the faid goods under a wrong denomination, to the prejudice after entry, to
examine bales,
of the revenue, be it further enacted by the authority aforefaid, &c.
That it thall and may be lawful to and for any fearcher, or other
proper officer of the cuftoms, after the entry of any of the faid
goods, and before or after the thipping thereof, to open and
ſtrictly examine any bale, trufs, cheft, or other package, as
now by law they may do, to fee if the goods are right entered;
and if on ſuch examination the fame fhall be found to be right
entered, the officer fhall at his own charge cauſe the ſame to be
repacked, to the fatisfaction of the exporter, which charge fhall
be allowed to the faid officer by the commiffioners of the cu-
ftoms, if they think it reaſonable; but in cafe the faid officer
fhall find the faid goods, or any part thereof, to have been en-
tered under a wrong denomination, whereby his Majefty would
have been defrauded in the allowance to be paid on the expor-
tation of fuch goods, contrary to the true intent and meaning of
this act, all fuch goods fo wrong entered fhall and may be feif- Goods wrong
ed, and the fame, as likewife the value thereof, fhall be forfeit- entered, for-
Cc 4
ed feited with va-
lue.
:
•
392
[1721.
Anno octavo GEORGII I. C. 15.
No allowances
for manufac-
tures mixed
with gold or
filver on the
edges, &c.
only.
Farther provi-
fions relating
bereto,9Geo.1
c. 8. fect. 9.
Onus Probandi.
Manufactures
relanded with
out licence,
&c. or unleſs
in cafe of di-
ftrefs, forfeit-
ed, with pe-
nalty of bond,
and treble va-
jue.
ed and loſt, and ſhall and may be proſecuted and divided as here-
in after mentioned.
III. Provided always, and be it enacted by the authority a-
forefaid, That the faid refpective allowances fhall not be demand-
ed or made for fuch of the faid manufactures mixed with gold
or filver, when they are only fo mixed at the edges and the ends
of the pieces, or for fuch of the faid manufactures mixed with
filk, when they are only fo mixed at the edges or ends of the
piece; and if any difpute fhall arife concerning any of the ſaid
manufactures, that is to fay, whether the fame were made in
Great Britain, or touching the quality of the goods, the Onus
Probandi thall lie on the exporter, claimer or owner thereof, and
not on the officer.
IV. And it is hereby further enacted by the authority afore-
faid, That if any of the faid filk, ftuffs, or other manufactures
aforefaid, fhipped to be exported, for which allowance is here-
by made, fhall be relanded or unſhipped in any port or place in
Great Britain, contrary to the true intent and meaning of this
act, without the licence of one or more of the principal officers
of fuch port or place, firſt had and obtained, or unleſs it be in
cafe of diſtreſs to ſave the ſaid goods from periſhing, which ſhall
be forthwith made known to one of the ſaid officers, the goods
(over and above the penalty of the bond to be levied and reco-
vered to his Majefty's ufe as aforefaid) and treble the value of
fuch goods fhall be forfeited and loft, and fhall and may be pro-
fecuted and divided in the manner herein after mentioned,
V. And be it further enacted by the authority aforefaid, That
be paid by the the faid allowances fhall and may be paid by the refpective cu-
collectors, &c. ftomer or collector, out of any money in his hands, arifing from
and allowed cuftoms or other duties upon goods imported from parts beyond
the feas, and the money fo paid fhall be accepted of in his or
their account, as fo much paid to his Majefty, and he and they
is, are, and ſhall be diſcharged thereof accordingly.
Allowances to
on their ac-
counts.
Allowances to
cuftoms re-
deemed,
VI. Provided always, and be it further enacted by the au-
be abated in thority aforefaid, That in cafe any of the customs or other du-
proportion to ties now payable on the importation of foreign thrown or raw
filk, fhall, during the continuance of this act, be redeemed, or
otherwiſe ceaſe to be payable, fo much of the allowance or al-
lowances to be made on the exportation of the filk, ftuffs, or
other manufactures before mentioned, fhall be abated, as fhall
bear a proportion to the cuſtoms or duties fo redeemed, or that
fhall cease to be payable on the importation of thrown or raw
filk; any thing herein contained to the contrary notwithſtand-
ing.
After 25
March 1722.
Duties on
VII. And for the further encouragement of the British manufac
tures, be it further enacted by the authority aforefaid, That from
and after the twenty-fifth day of March one thouſand feven hun-
goods of Bri- dred and twenty two, the feveral and reſpective fubfidies and
tish manufac- other duties whatſoever, payable to his Majesty, his heirs or
tures export- fucceffors, by any law now in force, upon the exportation of
any goods and merchandizes of the product or manufactures of
ed to cease.
Great
1721.] Anno octavo GEORGII I. C.15.
393
Great Britain, fhall ceafe, determine, and be no longer due or
payable for fo much of the ſaid goods or merchandizes, as ſhall
from thenceforth be exported, except, fuch goods and merchan-
dizes, touching which a ſpecial provifion is herein after made.
}
continue.
VIII. And it is hereby provided and enacted by the authori- Duties on al-
ty aforefaid, That this act, or any thing herein contained, fhall lom, lead, &c.
not extend, or be conftrued to extend, to determine, alter or exported, to
leffen the ſeveral or reſpective fubfidies of poundage, or other
duties, payable upon the exportation of allom, lead, lead ore,
țin, leather tanned, copperas, coals, wool cards, white wool-
len cloths, Lapis Calaminaris, fkins of all forts, glew, coney
hair or wool, hares wool, hair of all forts, horfes, and litharge
of lead; any thing herein contained to the contrary notwith-
ftanding.
be cuſtom-
IX. And be it enacted by the authority aforefaid, That it
On entry, &c.
ſhall and may be lawful to or for any perfon or perfons, after the all goods of
faid twenty fifth day of March one thouſand ſeven hundred and Britiſh pro-
twenty two, to export out of any port of this kingdom, in which duce, lawfully
there is a cuſtomer or collector, all fuch goods and merchan- exported, to
dizes of the produce or manufacture of Great Britain, as may free.
now be lawfully exported, and that without paying any fubfidy,
or other duty whatſoever (other than for the goods or merchan-
dizes, touching which an exception or fpecial provifion is before
made in this act) ſo as a due entry be firft made of the faid
goods or merchandizes in fuch cuſtom-houſe reſpectively, where
the ſame ſhall be exported, in the fame manner and form, ex-
preffing the quantities and qualities of the reſpective goods, as
was ufed and practifed before the making of this act, and fo as
the ſame be ſhipped by the proper officer for that purpoſe, on
failure whereof the faid goods to be liable to the payment of the
duties, as if this act had never been made; any law, ftatute,
proviſion or uſage to the contrary in any wife notwithſtanding.
X. And for the further encouragement of the manufactures On entry dy-
of this kingdom, by the promoting the importation of drugs, ing drugs, &c.
and other goods ufed for dying; be it enacted by the authority imported, du-
aforefaid, That from and after the twenty fifth day of March one ty-free.
thouſand ſeven hundred and twenty two, it ſhall and may be law-
ful to import into this kingdom all forts of drugs and other goods,
herein after particularly enumerated, which are uſed for dying;
that is to ſay, Agarick, Annotto, Antimonium Crudum, Aqua-fortis,
Argoil, Arfenick, Bayberries, Brazil Wood, Braziletto Wood, Cochi-
neal, Cream of Tartar, Fuftick, Galls, Gum Arabick, or Gum Seneca,
Indico of all forts, Ifinglafs, Litmus, Logwood, Madder of all forts,
Madder Roots, Nicaragua Wood, Orchal, Orchelia, Pomegranate Peels,
Red Wood, Saflower, Sal-Armoniack, Sal-gem, Sappan Wood, Red
Saunders, Shoem ck,Sticklack, Turnfole, Valonia and Verdegreaſe,with-
out paying any fubfidy, cuftom, impofition, or other duty what-
foever for the fame (Salt-Petre always excepted) fo as a due en-
try be first made thereof in the custom-houfe belonging to the
port into which fuch drugs, or other dying goods, fhall be im-
ported, in the fame manner and form, expreffing the quantities
and
है
"
394
[1721.
Anno octavo GEORGII I. c.15.
and qualities of the reſpective goods, as was uſed and practiſed
before the making of this act, and fo as the fame be landed in
the prefence of the proper officer appointed for that purpoſe, and
fo as fuch importation be according to the rules prefcribed and
enjoined by an act of parliament paffed in the twelfth year of the
Car.2. c.18. reign of King Charles the Second, intituled, An act for the en-
couragement and increaſing of ſhipping and navigation, and on fai-
lure of the faid conditions or directions herein laft mentioned,
fuch drugs or dying goods, thall be liable to the payment of the
reſpective duties, as if this act had never been made; any law,
ſtatute, proviſion or uſage to the contrary in any wife notwith-
ſtanding.
XI. And to the end the encouragement given to the manufactures of
this kingdom, in allowing the before mentioned foreign drugs, or other
goods used in dying, to be imported duty-free, according to the true
meaning of this act, may in no wise tend to the benefit of manufactures
made in foreign parts, as it may do, ſhould fuch drugs, or other goods
ufed in dying, be again carried out of this kingdom, without paying any
duty for the fame, whereby they may be fold in foreign markets fo
much cheaper: we your Majefty's faid dutiful and loyal ſubjects,
the commons of Great Britain in parliament aſſembled, do give
and grant to your Majefty, and do humbly befeech your Maje-
fty, That it may be enacted, and be it enacted by the authori-
ty aforesaid, That for and upon all foreign goods, commodi-
goods, &c. ties, or materials ufed in dying, which fhall be imported into
uſed in dying, this kingdom free of duty by virtue of this prefent act, and
imported du-
ty-free, and which, from and after the twenty fifth day of March one thou-
after 2 5March fand ſeven hundred and twenty two, fhall be again exported
1722, export- thereout, there fhall be paid and anſwered to his Majeſty, his
ed, to pay 6 d. heirs and fucceffors, a fubfidy of poundage upon the value of
Foreign
upon every
ZOS.
Agarick trim-
med.
Agarick
rough.
Annotto.
Antimonium
crudum.
Aqua Fortis.
Argoil.
Arfenick.
Bayberries.
Brazil.
twenty fhillings, according to the feveral rates and values here-
after mentioned, the ſum of fix pence, and ſo after that rate for
greater or leffer quantities; that is to fay,
Agarick trimmed or pared, the pound-weight, fix fhillings and
eight pence.
Agarick rough and untrimmed, the pound-weight, one fhil-
ling and eight pence.
Annotto the pound-weight, one fhilling.
Antimonium Crudum, the hundred-weight, containing one hun-
dred and twelve pounds, fix fhillings and eight pence.
Aqua Fortis the bottle, containing four gallons, two pounds
five fhillings, and after that rate for a greater or leffer quan-
tity.
Argoil, the hundred-weight, containing one hundred and
twelve pounds, one pound three fhillings and four pence.
Arfenick, the pound weight, one penny and one third part of
a penny.
Bayberries, the hundred weight, containing one hundred and
twelve pounds, four fhillings five pence and one third part of a
penny.
Brazil or Furnamback Wood, the hundred-weight, containing
one hundred and twelve pounds, one pound fifteen fhillings.
Bra-
1721.]
395
Anno octavo GEORGII I. c.15.
Braziletto or Jamaica Wood, the hundred-weight, containing Braziletto.
one hundred and twelve pounds, one pound one fhilling and
eight pence.
Cochineal, the pound-weight, fix fhillings and eight pence.
Cochineal.
Cream of Tartar, the hundred-weight, containing one hun- Cream of Tar、
dred and twelve pounds, forty fhillings.
tar.
Fuftick, the hundred-weight, containing one hundred and Fuftick.
twelve pounds, five fhillings.
Galls, the hundred-weight, containing one hundred and Galls.
twelve pounds, forty fhillings..
Gum Arabick or Gum Seneca, the hundred-weight, containing Gum Arabick
one hundred and twelve pounds, ten fhillings.
Indico of all forts, the pound-weight, three fhillings and four Indico.
pence.
Ifinglafs, the hundred-weight, containing one hundred and Ifinglafs.
twelve pounds, one pound thirteen fhillings and four pence.
Litmus, the hundred-weight, containing one hundred and Litmus.
twelve pounds, twenty fhillings.
Logwood, the hundred-weight, containing one hundred and Logwood.
twelve pounds, forty fhillings.
Madder of all forts, the hundred-weight, containing one hun- Madder.
dred and twelve pounds, one pound ten fhillings.
Madder Roots, the pound-weight, four pence.
Nicaragua Vood, the tun-weight, eight pounds.
Madder
Roots.
Orchal, the hundred-weight, containing one hundred and Nicaragua
twelve pounds, forty fhillings.
Wood.
Orchal.
Orchelia, the hundred-weight, containing one hundred and Orchelia.
twelve pounds, twenty fhillings.
Pomegranate Peels, the hundred-weight, containing one hun- Pomegranate
dred and twelve pounds, thirteen fhillings and four pence. Peels.
Red Wood or Guinea Wood, the hundred-weight, containing Red Wood.
one hundred and twelve pounds, one pound ten fhillings.
Saflower, the pound-weight, one fhilling.
Sal Armoniack, the pound-weight, fix pence and two third
parts of a penny.
Saflower.
Sal Armoni-
ack.
Sal-gem, the pound-weight, two pence and two third parts of Sal-gem.
a penny.
Sapan Wood, the hundred-weight, containing one hundred Sapan Wood.
and twelve pounds, ten thillings.
Red Saunders, the hundred-weight, containing one hundred Red Saunders.
and twelve pounds, one pound fix fhillings and eight pence.
Shoemack, the hundred-weight, containing one hundred and Shoemack..
twelve pounds, thirteen fhillings and four pence.
Sticklack, the pound-weight, four pence.
Sticklack.
Turnfole, the pound-weight, two pence and two third parts Turniole.
of a penny.
Valonia, the ton-weight, feven pounds.
Valonia.
Verdigreafe, the pound-weight, fix pence and two third parts Verdigreaſe.
of a penny.
Which fubfidy of fix pence upon the faid goods, commodi- Subfidy of 6d.
ties, or materials uſed in dying, and exported according to the on goods, &c.
feveral uſed for dying,
396
[1721.
Anno octavo GEORGII I. C.15.
to be recover-
ed as fublidy
of poundage
on goods ex-
ported.
The produce
to be appro-
priated to the
fame ufes as
The powers,
acts, to be put
&c. in former
in execution
for applying
the fubfidy
granted here-
by.
Duties
i
feveral and refpective rates and values thereof, fet down in this
act, as aforesaid, fhall have fuch or the like refpective continu-
ances, and ſhall and may, from time to time, be raiſed, receiv-
ed, levied and recovered, by fuch ways and means, and under
fuch penalties and forfeitures, and with fuch allowances for
goods loft or taken at fea, and in fuch manner and form, as
the fubfidy of poundage on goods or merchandizes exported,
may be raiſed, received, levied or recovered, by any law of the
cuſtoms now in force.
XII. And it is hereby enacted, That the produce of the faid
fubfidy by this act granted for and upon the faid dying goods
and commodities exported (the neceffary charges of manage-
ment excepted) are and ſhall be appropriated and applied to and
the ſubſidy of for the fame reſpective uſes, and in fuch proportions, manner
poundage on and form, and fubject to fuch refpective powers of redemption,
goods export-
ed is by for-
as the fubfidy of poundage on other goods and commodities ex-
mer acts to be ported (not herein before exempted from the payment thereof)
applied.
is by any laws now in force appropriated and applicable; and
that all the powers, directions, penalties and forfeitures, clauſes,
matters and things contained in any act or acts of parliament
now in force for appropriating and applying the faid fubfidy on
goods exported, not herein before exempted, fhall be practiced
and put in execution for appropriating and applying the ſaid ſub-
fidy hereby granted accordingly, as fully and effectually, as if
the fame were again repeated and re-enacted in the body of this
prefent act; any law or cuſtom to the contrary notwithſtanding.
XIII. And whereas beaver-fkins imported are valued in the book of
beaver-fkins, rates at fix fillings and eight pence per ſkin, according to which vá-
howto be com- lue the duties now payable upon every beaver-fkin imported, do amount
puted and
as follows, that is to fay, For the old fubfidy, four pence; for the fur-
ther fubfidy, four pence; for the one third fubfidy, one penny and one
third part of penny; for the two third fubfidy, two pence and two
third parts of a penny, and for the additional impoft, four pence; a-
mounting in the whole to fixteen pence per ſkin, as by feveral acts of
parliament now in force doth appear; be it further enacted by the
authority aforefaid, That from and after the twenty fifth day of
March one thouſand ſeven hundred and twenty two, the duties
upon beaver-ſkins from thenceforth to be imported, ſhall be
computed and paid, as if they had been valued in the faid book
of rates at two fhillings and fix pence per ſkin, according to which
value, there ſhall be paid for every beaver-ſkin fo imported, fix
pence, and no more, which fhall be applied to the ſaid ſeveral
fubfidies and additional impoft, in fuch proportions as fixteen
pence bears to fix pence; any former act or acts of parliament
to the contrary notwithſtanding.
paid.
:
upon
Drawbacks al-
March 1722.
XIV. Provided always, and it is hereby further enacted, That
from and after the ſaid twenty fifth day of March one thouſand
lowed after 25 feven hundred and twenty two, upon the exportation of any of the
faid beaver-ſkins within the time allowed by law, for which the du-
ties chargeable by his act fhall have been first paid or fecured,there
ſhall be allowed a drawback of a moiety of the ſaid reſpective ſum
fo paid or fecured, and no more, which drawback ſhall be made, or
allowed,
1721.]
397
Anno octavo GEORGII I. c. 15.
allowed, according to fuch rules and methods, as drawbacks
are allowed by any law now in force relating to the cuſtoms.
XV. And whereas pepper imported directly from the place of its Duty on pep-
growth, in Engliſh built ſhipping, is valued in the book of rates at per for home
one Shilling and eight pence per pound-weight, according to which va- to be reduced
lue it now pays, or is liable to pay, feveral fubfidies, after the rate of to 4 d. per lb.
twelve pence in the pound; and there is alſo charged thereupon an im- weight.
poſt of three pence, and a new duty of eighteen pence per pound-weight,
which fubfidies, and other duties, amount in the whole to one filling
and eleven pence halfpenny per pound-weight, (over and above one
halfpenny per pound-weight, chargeable for the half-fubfidy upon
the importation thereof) and the faid duties amounting to one shilling
and eleven pence halfpenny per pound-weight, are or ought to be ap-
plied in manner following; that is to fay, For half the faid old
fubfidy, one halfpenny; for the faid further fubfidy, one penny; for
the one third fubfidy, one third part of a penny; for the two third
fubfidies, two third parts of a penny; for the old impoft, three pence;
and for the new duty, one filling and fix pence, as by feveral acts
of parliament now in force doth appear; be it further enacted by
the authority aforefaid, That from and after the twenty fifth
day of March one thouſand ſeven hundred and twenty two, the
faid duties amounting to one fhilling and eleven pence halfpenny
per pound-weight, upon fuch pepper, as aforefaid, which thence-
forth fhall be delivered from the proper ware-houſes for home
confumption (without altering the half-fubfidy now payable
upon the importation thereof) fhall be leffened and reduced to
pay four pence per pound-weight, and no more.
1
eſteemed and
XVI. And for better making a diftribution thereof to and a-
mongst the ſaid ſeveral fubfidies and duties respectively, it is hereby Value of pep-
declared and enacted, That the value of the faid pepper fhall be per how to be
eſteemed at fix fhillings and eight pence per pound-weight, upon divided.
which value twelve pence in the pound doth amount to the faid
ſum of four pence per pound-weight, and the ſaid eſteemed va-
lue of fix fhillings and eight pence per pound-weight fhall be
divided as follows, in order to compute the ſeveral duties here-
after to be paid thereupon; to wit,
To the old fubfidy, three pence and one third part of a
penny.
To the further fubfidy, three pence and one third part of a
penny.
To the one third fubfidy, and two third fubfidy, three pence
and one third part of a penny.
To the faid impoſt, ten pence.
And to the ſaid new duty, five fhillings.
And the faid fum of four pence in the pound fhall be appor- Four pence în
tioned and applied to the ſaid ſeveral fubfidies, and other duties the pound,
accordingly; any former act or acts of parliament to the con- how applied.
trary notwithſtanding.
XVII. And whereas mace, cloves and nutmegs imported, are va-
lued in the book of rates at the respective values following, that is to
fay, mace the pound-weight, twenty fhillings, cloves the pound-weight,
2
tet.
398
[1721.
Anno octavo GEORGII I. c.15.
ten fhillings; nutmegs the pound-weight, eight fhillings; according to
which feveral values the duties now payable upon mace, cloves and
nutmegs imported, do amount as follows, that is to fay, For the faid
old fubfidy, for every twenty fillings value, according to the ſaid re-
Spective values, one fhilling; for the faid further fubfidy, for every
twenty fhillings value, according to the faid refpective values, one fhil-
ling; for the faid one third fubfidy, for every twenty fhillings value,
according to the faid respective values, four pence; for the faid two
third fubfidy, for every twenty fillings value, according to the faid
respective values, eight pence; for the new duty, for every twenty
fhillings value, according to the ſaid respective values, one fhilling;
for the new additional duty, for every twenty fhillings value, according to
the faid refpective values, one fhilling; and for the further new duty,
for every twenty fhillings value, according to the faid refpective values,
five fhillings; amounting in the whole to ten fillings for every pound-
weight of mace, to five fhillings for every pound-weight of cloves, and
to four fbillings for every pound-weight of nutmegs, as by feveral acts
of parliament thereunto relating, and now in force, doth appear; be
it enacted by the authority aforefaid, That from and after the
twenty fifth day of March one thouſand ſeven hundred and twen-
ty two, the duties upon mace, cloves and nutmegs, from thence-
computed and forth to be imported, fhall be computed and paid, as if they had
paid.
been valued in the faid book of rates, at the values following,
that is to ſay, mace the pound-weight, fix fhillings; cloves the
pound-weight, four fhillings; nutmegs the pound-weight, three
thillings; according to which reſpective values there fhall be
paid.
Duties upon
mace, cloves
and nutmegs,
how to be
Mace.
Cloves
Nutmegs.
the feveral
fums.
For every pound-weight of mace fo imported, three fhillings,
and no more.
For every pound-weight of cloves fo imported, two fhillings,
and no more.
For every pound-weight of nutmegs, one fhilling and fix pence,
and no more.
Which ſeveral fums fhall be applied to the ſaid ſeveral fubfi-
Application of dies and other duties, in fuch proportions as ten fhillings bear
to three fhillings for mace, as five fhillings bear to two fhillings
for cloves, and as four fhillings bear to one fhilling and fix
pence for nutmegs; any former act or acts of parliament to the
contrary notwithstanding.
Mace, &c. im-
ported fubject
to the fame
rules, &c. as
formerly.
XVIII. And it is hereby enacted and declared by the authority
aforefaid, That the importation of mace, cloves and nutmegs,
every or any of them, fhall be fubject to the fame rules in tak-
ing forth the licences and other rules and reſtrictions, whereun-
to the fame were fubject before the making of this act; any
thing herein contained to the contrary notwithstanding.
XIX. And be it further enacted and declared by the autho-
Monies arifing
for reduced rity aforefaid, That all the feveral and refpective fum and fumst
beaver-fkins, of money, which fhall arife by virtue of this act, for the faid
&c. imported, reduced duties upon beaver-fkins imported, and for fuch pepper
delivered out of the ware-houſes for home confumption, and for
as duties upon the faid reduced duties upon mace, cloves and nutmegs import-
ed,
to have like
continuance,
1
I
1721.]
399
Anno octavo GEORGII I. c.15.
ed, fhall have fuch or the like reſpective continuances, and fhall
and may, from time to time, be raiſed, received, levied, fecured
and recovered, by fuch ways and means, and under fuch penal- beaver-fkins,
ties and forfeitures, and fubject to fuch diſcounts and allowances, &c. before this
act.
and in ſuch manner and form, as the preſent duties upon bea-
ver-ſkins, pepper, mace, cloves and nutmegs, before the making
of this act, might be raiſed, received, levied, fecured or reco-
vered, by any law or laws of the cuſtoms now in force.
XX. And it is hereby enacted by the authority aforefaid, Monies how
That the ſeveral and reſpective ſum and fums of money, as fhall appropriated.
arife by virtue of this act, for the faid reduced duties upon bea-
ver-ſkins imported, and for ſuch pepper delivered out of the
warehouſes for home confumption, and for the faid reduced du-
ties upon mace, cloves and nutmegs imported (the neceffary
charges of management excepted) are and fhall be appropriated
and applied to and for the fame reſpective uſes, and in fuch or
the like proportions, manner and form, and ſubject to ſuch re-
ſpective powers of redemption, as the preſent duties upon bea-
ver-ſkins, pepper, mace, cloves and nutmegs, at or before the
making of this act, were by any act or acts of parliament in force
reſpectively appropriated and applicable; and that all the pow- Continuance
ers, directions, penalties, forfeitures, claufes, matters and things, of the powers
contained in any act or acts of parliament for appropriating and in former acts
applying the ſaid prefent duties upon beaver-fkins, pepper, mace, forappropriat
cloves and nutmegs, every or any of them, fhall be continued, ing duties.
practiſed and put in execution, for appropriating and applying
the monies to arife by virtue of this act, for and upon the ſaid
reſpective duties upon beaver-fkins, pepper, mace, cloves and
nutmegs, according to this act, as fully and effectually as if the
fame were again repeated and re-enacted in the body of this pre-
fent act; any law or cuftom to the contrary notwithſtanding.
XXI. Provided always, and be it further enacted by the au- Drawbacks
thority aforefaid, That from and after the faid twenty fifth day upon exporta-
of March one thouſand ſeven hundred and twenty two, upon &c.
tion of mace,
exportation of any of the faid mace, cloves or nutmegs, or any
of them, within the time allowed by law, for which the duties
chargeable by this act ſhall have been firſt paid or fecured, there
fhall be allowed certain drawbacks, as ſhall bear fuch or the like
proportion to the fums charged by this act upon mace, cloves
and nutmegs refpectively, as the former drawbacks allowable on
mace, cloves and nutmegs exported refpectively did bear to the
duties thereupon, before the making of this act, and no more;
which proportional drawbacks fhall be made and allowed, ac-
cording to fuch rules and methods as drawbacks are allowed by
any laws now in force relating to the cuſtoms.
XXII. And be it further enacted by the authority aforefaid, Penalties how
That the feveral penalties and forfeitures in this act mentioned, to be profe
fhall and may be profecuted and determined by bill, plaint or
cuted.
information, in any of his Majefty's courts of record at West-
minster, or in the court of exchequer at Edinburgh refpectively,
wherein no effoin, protection, privilege, wager of law, or more
than
I
400
[1721.
Anno octavo GEORGII I. C.15.
Moiety to the than one imparlance fhall be allowed; and one moiety of the
King, moiety faid penalties and forfeitures fhall be to the ufe of the King's
to profecutor. majefty, and the other moiety to fuch perfon or perfons as will
fue for or profecute the fame.
General iffue.
Defendant
may recover
treble coſts.
XXIII. And be it further enacted by the authority aforefaid,
That if any action or fuit fhall be commenced againſt any perfon
or perfons for any thing done in purfuance of this act, the de-
fendant or defendants in ſuch action or fuit may plead the gene-
ral iffue, and give this act, and the ſpecial matter in evidence, at.
any trial to be had thereupon, and that the fame was done in
purſuance and by authority of the ſaid act; and if it fhall appear
fo to have been done, the jury fhall 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 judgment fhall be given upon any verdict or demurrer a-
gainst the plaintiff, the defendant or defendants fhall and may
recover treble cofts, and have the like remedy for the fame, as
the defendant or defendants hath or have in other cafes by law.
XXIV. And be it enacted by the authority aforefaid, That
&c. after 25
all beaver-ſkins, and other furs of the product of any of the
March 1722,to
British plantations in America, Afia or Africa, fhall, from and
after the twenty fifth day of March one thouſand ſeven hundred
and twenty two, be imported directly from thence into Great
Britain, and laid on fhore there, and not elſewhere, under the
penalties and forfeitures contained in an act paffed in the twelfth
year of the reign of the late King Charles the Second, intituled,
An act for the encouraging and encreafing shipping and navigation,
in relation to ſugars, tobacco and other enumerated goods, of the
growth, production or manufacture of any of the English plan-
tations therein mentioned, to be recovered and diftributed in
fuch manner, as the penalties and forfeitures relating to the ſaid
enumerated goods are, by the faid recited act, to be recovered
and diftributed.
Beaver-fkins,
be imported
directly from
British plan-
tations.
12 Car.2. c. I.
Recital of part
of the act of
6 Geo. 1. c. 18.
?
XXV. And whereas by an act paſſed in the fixth year of his Ma-
jesty's reign, intituled, An act for the better fecuring certain pow-
ers and privileges intended to be granted by his Majefty by two
charters, for affurance of fhips and merchandizes at fea; and for
lending money on bottomry; and for reſtraining ſeveral extrava-
gant and unwarrantable practices therein mentioned, his Maje-
fty was enabled to erect two diftinet corporations for affurance of ships,
goods and merchandizes at fea, or going to fea, and for other pur-
pofes therein mentioned; which faid corporations are by the faid act
obliged, from time to time, during the continuance of the fame corpora-
tions respectively, to caufe fuch a stock of ready money to be provided
and referved, as fhall be fufficient to answer, from time to time, all
just demands upon their policies of affurance for any loffes whatsoever
which shall happen, and to fatisfy, pay and diſcharge the fame demands,
from time to time, according to the tenors of their respective policies
of affurance, and the true meaning of the faid act; and in cafe of re-
fufal and neglect to pay the fame, the faid corporations are by the faid
act respectively fubjected to pay double damages, befides full coſts of fuit,
to
1721.]
401
Anno octavo GEORGII I. c.16.
'to be recovered by action, bill, fuit or information in any of Majesty's
courts of record at Weftminfter: and whereas his Majefly hath been
graciously pleafed (pursuant to the faid act) to erect two distinct cor-
porations for the purpoſes aforefaid, one by the name and title of
the
governor and company of the Royal Exchange affurance, and the
other by the name and title of the governor and company of the Lon-
don afſurance; and the faid corporations have accordingly provided
Stocks of ready money for anfwering the purposes of the faid act, but
do find themfelves under difcouragements and inconveniencies by being
fubjected to pay double damages, befides full costs of fuit in actions,
which they cannot avoid, there being no provifion in the faid act to
oblige the parties affured, to make difcovery to the faid corporations
of their true loffes, before any action brought; and unreasonable
juits in doubtful cafes are encouraged, for the fake of fuch double
damages, and full cofts: for remedy whereof, be it enacted by the
Royal Ex-
authority aforefaid, That fo much of the faid recited act, as fub- change affu..
jects the faid corporations, or either of them, to pay double da- rance and Lon
mages, befides full cofts of fuit, fhall be and is hereby repealed; don affurance,
and that in all cafes where by the ſaid act or charters the faid cor-
liable to fingie
porations, or either of them, are fubjected to pay double da- cofts of fuit
damages and
mages, befide full cofts of fuit, the plaintiff or plaintiffs fhall only.
recover againſt the fame corporation or corporations only fingle
damages, and full coſts of fuit; any thing in the ſaid recited act,
or in the charters of the faid corporations, or either of them, to
the contrary notwithſtanding.
CA P. XVI.
An act for taking off the duty upon all falt uſed in the curing
and making of white herrings, and instead thereof laying a
proportionable duty upon all white herrings confumed at
home only; and for making an allowance for tobacco ex-
ported from Scotland, in the time therein mentioned; and
for giving a farther relief to the refiners of rock falt.
W HEREAS by an act of parliament made in the fifth year of 5 Geo.1.c.18,
his prefent Majesty's reign, intituled, An act for recovering
the credit of the British fishery in foreign parts; and for better
fecuring the duties on falt; it is enacted, That all curers of fish fhall
be allowed to import foreign falt, or take from any falt-works or falt-
pits, any fuch quantity of British falt, where the fame is allowed by
law, for curing of fish for exportation, as they fhall think proper for
curing fish for foreign markets, without paying any duty to his Ma-
jefty for the fame, except the customs payable upon the importation
thereof; in confequence whereof, all white herrings spent within this
realm, are or should be cured with falt that has paid the duties; but
in regard the fame are cured promifcuouſly, it is difficult to diſtinguiſh
them from fuch as are intended to be exported, whereby his Majefty may
be defrauded in his revenue, without a proper remedy for preventing the
fame; be it therefore enacted by the King's moft excellent majeſty, At beginning
by and with the advice and confent of the lords fpiritual and of fithing-tea-
temporal and commons, in this prefent parliament affembled, fon for her-
VOL. XIV.
D d
and rings, proprie-
tors, c. in
1
402
[1721.
Anno octavo GEORGII I. c.16.
make oath of
tion, &c.
Curer of white
move them
(except for ex-
portation) to
make entry,
and pay 35.4d.
and by the authority of the fame, That at the beginning of
England, &c.
infead of the every fishing-feafon for herrings, the proprietor or proprietors
oath required of the falt delivered duty-free for the curing of herrings for ex-
by the act
portation, in that part of Great Britain called England, Wales,
5 Geo. 1. to and Berwick upon Tweed, purfuant to the ſaid act, or his or their
the quantityof agent or agents, fhall, instead of the oath required by the faid
falt intended act, make oath in writing before the officer for the duty on falt,
for curing fish at the office nearest to the place where the faid falt is lodged (who
for exporta- is hereby impowered to adminifter the fame) declaring the quan-
tity of the foreign or British falt refpectively lodged for curing of
fish, and that all the faid falt is intended for the curing of fish
for exportation only, and fhall not, by his or their order, conſent
or connivance, directly or indirectly, be fold, given away, or any
Except falt way delivered, but for the purpofe aforefaid; except ſo much
ufed forcuring thereof as ſhall be uſed for curing fuch white herrings, as ſhall
white herrings be entred with the officer of the place for home confumption,
for home con- and charged with the duties by this act chargeable thereupon.
fumption, &c.
II. And be it enacted by the authority aforefaid, That every
Lerrings, after maker or curer of white herrings, in that part of Great Britain
25March1722. call England, Wales and Berwick upon Tweed, from and after the
before he re- five and twentieth day of March one thouſand feven hundred
and twenty two, before he remove any white herrings (except
for exportation) from the office or place where the fame thall be
cured, fhall, from time to time, make entry thereof at the next
falt-office, and ſhall pay to his Majefty, his heirs and fucceffors,
per barrel, &c.
a duty of three fhillings and four pence for every barrel, con-
Thefe dutics
revived by
taining thirty two gallons, and fo in proportion for a greater or
5Geo.2.c.6.f.3. leffer quantity: and that every cafk or veffel in which fuch white.
Quantity to be herrings fhall be packed or put up, fhall have a mark or marks
on the head thereof, fhewing the contents or quantity of every
ſuch caſk or veffel; and upon entry and payment of the duty
(each cafk or veffel being marked as aforefaid) a permit ſhall be
given gratis by the falt-officer, expreffing the quantity of white
herrings, for which the duties thall be paid as aforefaid, and the
Penalty on re- marks and numbers of fuch caſks or veffels, and for what place
moval before the fame are intended, and whether to be fent by land or water
entry, &c.
carriage, on pain of forfeiting the white herrings that ſhall be re-
moved or carried away before entry be made, and the duty paid,
and without the cafks or veffels being marked, and permit ob-
tained as aforefaid, and of the cafks or veffels, in which fuch
herrings thall be found, and alfo the fum of forty fhillings for
every cafk or veffel fo removed, to be recovered from the perfon
or perfons who fhall fo remove or carry away the fame; one
moiety thereof to the use of his Majefty, his heirs and fucceffors,
to officer feiz- and the other moiety to the officer or officers who fhall ſeize, fue
ing, &c.
or inform for the fame, to be fued for, recovered and levied in
fuch manner, and with fuch power of mitigation, as any fine,
penalty or forfeiture, may be fued for, recovered, levied and
mitigated by any law of excife, or by action of debt, bill, plaint
or information, in any of his Majefty's courts of record at West-
minſter, wherein no effoin, protection, privilege or wager of law
marked on
cafks.
Upon entry,
&c. permit to
be given gra.
tis.
Moiety to
King, moiety
hall
1721.]
403
Anno octavo GEORGII I. c.16.
ſhall be granted or allowed, nor any more than one imparlance; officerstofeize
and all officers of his Majefty's cuſtoms, excife or duties upon white herrings
falt, are hereby authorized and impowered to feize all fuch white removed be-
fore entry, &c.
herrings fo removed or carried away before entry, and payment
of duty, and all other things performed as aforefaid, and the faid
cafks or veffels wherein fuch white herrings fhall be found.
III. And be it further enacted by the authority aforefaid, Proprietor of
That the proprietor or proprietors of the falt delivered duty-free, falt duty-free,
for curing white herrings for exportation, in that part of Great to exprefs
Britain called England, Wales and Berwick upon Tweed, his or quantity of
whiteherrings.
their agent or agents, fhall, in the account which after the end
of every fishing-ſeaſon, they are to deliver in writing into the
falt-office, containing the quantity of fiſh exported or entred, and
ſhipt to be exported, on which the falt taken away after its de-
livery into the fole cuftody of the ſaid proprietor or proprietors,
his or their agent or agents, has been uſed or confumed, as by
the former law is directed (and under the penalties thereby pre-
ſcribed) exprefs alfo the quantity of white herrings entred for
home confumption, on which fuch falt has been uſed or con-
fumed.
IV. Provided always, and it is hereby further enacted by the Duty upon
authority aforefaid, That in cafe the duties of excife on falt white herrings
(which now amount to three fhillings and four pence per bushel ſhall ceaſe, or
on home-made falt, and fix fhillings and eight pence per bushel be leffened,
on foreign falt) or any of them, fhall ceafe, determine or be proportiona-
bly to duties
redeemed by parliament, then the rate or duty by this act im- on falt.
poſed upon white herrings fhall ceaſe, or be leffened in propor-
tion to the duties on falt that fhall fo ceaſe, determine or be re-
deemed; any thing herein contained to the contrary notwith-
ftanding.
s Ann. c. 18.
V. And whereas an act paffed in the eighth year of her late Ma-
jeſty's reign, for continuing feveral impofitions, additional impofitions,
and duties upon goods imported, to raise money by way of loan, for
the fervice of the year one thousand feven hundred and ten; and for
better preventing frauds on drawbacks upon certificate goods, and for
other purpoſes therein mentioned; in which at there were feveral
regulations enacted to be complied with, in order to entitle the exporters
of tobaccoes to their debentures; which new regulations being made
to commence from the Seven and twentieth day of March one thousand
feven hundred and ten, by which time the fame could not be known in
Scotland, feveral parcels of tobaccoes through ignorance were export-
ed from thence, without regard to the regulation laid down in the
faid act, the debentures of which tobaccoes have been refused to be
made forth and allowed to the merchants upon that account only; be
it therefore enacted by the authority aforefaid, That for all tobac- Debentures
coes exported from Scotland after the feven and twentieth day of allowed on
March one thouſand feven hundred and ten, and before the fe-
ported from
venth day of May next following, the barons of the exchequer Scotland, fince
in Scotland fhall caufe the debentures to be made forth and al- 27March 1719,
lowed to the merchants, according to the law then in force, be- and before 7
fore the ſeven and twentieth day of March one thouſand ſeven May next.
Dd 2
hun-
tobacco, ex-
:
4
404
[1721
Anno octavo GEORGII I. c. 16.
5 Geo. 1. c. 16.
Relief given
to refiners of
rock-falt.
Relief for
rock-falt pe-
rifhed, or tak.
en by ene-
mies.
hundred and ten; any thing in the aforeſaid act to the contrary
notwithstanding.
VI. And whereas by an act of parliament made in the fifth year
of his prefent Majefty's reign, intituled, An act for the recovering
the credit of the British fishery in foreign parts; and for better fe-
curing the duties on falt; it is enacted, That the curers of fifh fhall
be allowed to import foreign falt, or take from any falt-works or falt-
pits any fuch quantity of British falt, where the fame is allowed by law
for curing fish for exportation, as they shall think proper for curing
fifh for foreign markets without paying any duty to his Majefly for the
fame, except the customs payable upon the importation thereof: and
whereas the refiners of falt from rock-falt cannot have equal benefit of
the faid act with the proprietors of other falt, the ſaid refiners being
obliged to pay, or give fecurity to pay, the duty before the rock-falt be
removed from the pits, and cannot draw it back, there being no pro-
vision made in what manner the faid duty ſhall be drawn back; for re-
medy whereof, be it enacted by the authority aforesaid, That from
and after the five and twentieth day of March one thouſand ſeven
hundred and twenty two, it fhall and may be lawful for any re-
finer of rock-falt to deliver in the prefence of an officer of the
falt-duties, to any curer or curers of fifh, any fuch quantity of
refined falt, where the fame is allowed by law for curing fiſh
for exportation, as they fhall think proper for curing fiſh for
foreign markets; and the collector of the falt-duties ſhall give a
certificate under his hand, expreffing the true quantity delivered,
and to whom, and whither to be carried; and the officer of the
place whither the fame thall be carried for the curing of fiſh for
foreign markets, ſhall give a certificate of the true quantity
brought thither, and lodged in a warehoufe under the lock and
key of the faid officer, as well as the proprietor of the faid falt;
and if it ſhall appear to be the full quantity that was firſt delivered
(making reaſonable allowance for wafte) fuch certificate ſhall be
accepted by the collector of the duties on falt at the rock-pits,
towards difcharging the fecurity given for the duty on the rock-
falt made uſe of in making the faid refined falt; and that upon
the warehouſing any fuch refined falt, or any other falt delivered
duty-free, for the curing fish for foreign markets, that has been
brought by fea in any ſhip or veffel whatſoever, the maſter or his
mate, or the boatfwain of fuch fhip or veffel, fhall make oath
before the officer of the falt duties (who is hereby impowered to
adminifter the fame) that all the falt he took in or loaded at the
place of loading (mentioning the quantity) is truly delivered to
be lodged in a warehouſe under the lock and key of the officer,
and that there was no falt added to it or taken from it at ſuch
place of loading, or fince he came from it, to the beſt of his
knowledge and belief, under the penalty of forfeiting double
the value of the falt that fhall be otherwife delivered, and ten
fhillings per buſhel; and if it fhall happen that the veffel on
which fuch refined ſalt as aforefaid, is ſhipped, ſhall either periſh
at fea, or be taken by enemies, with fuch falt on board her, that
in fuch cafe any merchant or perfon, owner of the faid falt,
2
fhall,
1721.]
405
Anno octavo GEORGII I. c. 17.
ſhall, upon proof made before the juſtices of the peace at the
quarter-feffions held for the county, riding, divifion or town,
wherein he doth inhabit, of the lofs of fuch falt fo fhipped, re-
ceive from the ſaid feffions a certificate that ſuch proof was made
before them; and upon producing the faid-certificate to the col-
lector of the falt-duties at the rock-pits, fuch certificate ſhall be
accepted by fuch collector, towards diſcharging the ſecurity
given for the duty on the rock-falt made ufe of in making fuch
refined ſalt.
CAP. XVII.
An act for more equal paying and better collecting certain
Small fums therein mentioned, for relief of shipwrecked ma-
riners, and diftreffed perfons (his Majesty's fubjects) in the
kingdom of Portugal; and for other pious and charitable
purpoſes uſually contributed to by the merchants trading to
Portugal.
Reaſons for
making this
HEREAS it is just and reafonable that all British merchants
trading to Portugal, ſhould proportionably contribute to the
relief of shipwrecked mariners, and other diftreffed perfons, your Ma- act.
jesty's fubjects there, and to the other pious and charitable purpoſes
herein after mentioned: and whereas it hath been ufual for the con-
ful general for the time being, appointed for all perfons trading from
the kingdoms of Great Britain and Ireland, to the kingdoms and do-
minions of Portugal, or his deputy confuls, with the majority of the
British merchants and factors there, to receive and recover (for the
purpoſes aforefaid) from all Britiſh merchants and factors residing in
Portugal, and all others your Majeſty's fubjects trading thither from
any of your Majesty's dominions, Jo much money as ſhould not exceed
four Reis per Mill Reis, upon the valuation of their goods in the
customboufe of Lisbon; and for all corn, grain, butter, and other
goods, which pay no custom to the King of Portugal, ſo much money
as ſhould not exceed four Reis per Mill Reis, and what they should
be valued at, to be paid to fuch treaſurer as ſhould be annually chofen
by fuch conful, and the majority of the British merchants and factors,
in the fame manner as two Reis per Mill for relief of Shipwreck-
ed mariners, and other diſtreſſed perſons, your Majesty's fubjects, have
been ufually collected; and that fuch treasurer should, out of the faid
money, pay yearly to the minifter refiding there, three hundred Mill
Reis per annum, for his maintenance and fubfiftence, to pray, preach
and exercife his minifterial function; and that the remainder of the
Said money should be difpofed of, from time to time, according to the
directions of the faid conful, with the majority of the faid merchants
and factors: and whereas feveral perfons have of late configned goods
and merchandizes exported from this kingdom, Ireland, and other
your Majesty's dominions, unto strangers and foreigners refiding at
Lisbon, and elsewhere in the dominions of the King of Portugal,
and have thereby not only eluded the pious and charitable purpoſes afore-
faid, but have occafioned an unequal charge on your Majelly's other
trading fubjects: and whereas it will be for the cafe and advantage
Dd 3
of
406
[1721.
Anno octavo GEORGH I. C. 17.
}
tugal affem-
ral, may re-
I
of your Majeſty's fubjects in general trading to Portugal, to alter the
After 29 Sept.
payments before-mentioned, and put the national expence of the faid
1722. Perfons trade upon a just and equitable foot: may it therefore pleaſe your
to be appoint moſt excellent Majeſty, that it may be enacted, and be it enacted
ed by the Bri- by the King's most excellent majefty, by and with the advice.
til merchants and confent of the lords fpiritual and temporal and commons,
refidingin Por-
in this prefent parliament affembled, and by the authority of the
bled with the fame, That from and after the twenty ninth day of September
conful gene- which ſhall be in the year of our Lord one thouſand ſeven hun-
dred and twenty two, it fhall be lawful to and for fuch perfon
ceive from all
mafters of ships
or perfons as thall be authorized and appointed, from time to
trading from time, by the majority of the British merchants and factors re-
Great Britain, fiding in Portugal, being affernbled with the conful general for
Ireland, &c. to the time being, appointed or to be appointed for your Majeſty's
Portugal, 200
Reis per tun,
ſubjects trading to Portugal, or with his deputy-conful or depu-
on all tonnage ty-confuls, or any of them, in any of the ports or places in
goods, except Portugal, or any of the dominions thereof, to receive and re-
wheat, &c. 100 cover from all mafters, or other chief officers or commanders of
Reis per ton
per ton all British hips or veffels trading from Great Britain or Ireland,
on all wheat,
&c. and 15l.
or any other part of your Majefty's dominions, to any of the
per centum on kingdoms or dominions of the King of Portugal, the following
the freight of fums (to be employed for the pious and charitable purpoſes here-
other goods
in mentioned) that is to fay, any fum or fums of money not ex-
exported to
Portugal.
ceeding two hundred Reis per ton, on all tonnage goods, (ex-
cept wheat, barley, rye, coals, timber, boards and lumber) and
any fum or fums of money not exceeding one hundred Reis per
ton, on all wheat, barley, rye, coals, timber, boards and lum-
ber; and any fum or fums of money, not exceeding fifteen per cen
tum on the freight of all other goods and merchandizes exported
from any of your Majefty's dominions to Lisbon, or any other
port or place in any of the dominions of the King of Portugal;
and all bills of lading of fuch fhips and veffels, fhall ſpecify to
pay the faid monies accordingly, under the denomination of con-
tribution, as per act of parliament, or to that effect; and the
Perfons pay- perfons paying the fame fhall be reimburfed by their reſpective
ing, to be re-
inburfed by freighters, or by the perfons to whom the faid goods and mer-
the freighters. chandizes fhall be configned, or who ſhall receive the fame:
If no bill of and in cafe no bill of lading fhall appear, or no freight or ton-
lading appear, nage is fettled between the owner or owners of the goods or
or no freight is merchandizes and the mafter or commander of any British hip
the owners and or veſſel trading as aforefaid, then the freight or tonnage of fuch
masters, then goods or merchandizes fhall be valued by two indifferent British
the freight merchants on the place; one to be chofen and appointed by the
fhail be valued conful general, or his deputy conful, and the other by the mafter
by two British
merchants,
or commander of fuch fhip or veffel, within ten days next after
who notagree- unlading the faid goods; and in cafe the two perfons ſo chofen
ing fhall chufe ſhall not agree and award the fame in five days next after fuch.
an umpire.
appointment, fuch two perfons thall then chufe a third perfon
(being a British merchant on the place) as an umpire who shall
decide and determine the faid valuation of freight or tonnage in
Bills of lading
to fpecify the
monies.
fettled between
three
1721.]
407
Anno octavo GEORGII I. C. 17.
three days, and fuch fums fhall be paid in either cafe (for the
purpoſes aforefaid) as ſhall be agreeable to this act.
II. And be it enacted by the authority aforefaid, That all All maſters,
maſters, commanders, or other chief officers of all British fhips &c. within ten
and veffels, trading from Great Britain or Ireland, or any other days after
of your Majesty's dominions, to any of the dominions of the their arrival in
Portugal, to
King of Portugal, and unloading or delivering the fhip or veffel, deliver on oath
or any of the cargo there, fhall, within ten days after the arrival to the conful
of fuch fhip or veffel, deliver to the conful general, or deputy general, &c. a
conful refiding there, or to fuch other perfon or perfons as thall manifest of the
be appointed for that purpofe, as aforefaid, a true manifeſt in
writing upon oath, ſpecifying the particulars of the whole cargo
of fuch fhip and veffel fo unloaded or delivered, or of fuch part
thereof as fhall be unloaded or delivered there, and to whom
configned, which oath fuch conful general, deputy conful, or
other perſon or perfons to be appointed as aforefaid, is and are
hereby refpectively impowered and required to adminifter gratis,
upon request.
cargo, &c.
ment.
III. And for better collecting the payment of the ſaid monies Theconful,&c.
herein before directed to be paid for the pious and charitable to detain the
purpoſes aforefaid; be it enacted by the authority aforefaid, clearancesout-
That the faid conful general or his deputy conful, in any of the ward till pay-
dominions of the King of Portugal, fhall, and they are hereby
reſpectively authorized and required to detain the clearances out-
ward of all fuch British or Irish fhips and veffels, and not to give
or deliver any diſpatch or paffport for any fuch fhip or veffel, un-
til payment be made, as aforefaid.
IV. And be it further enacted, That all monies to be raiſed How the mo-
or received as aforefaid, fhall be applied in manner following; ney fhall be
that is to ſay, To the minifter refiding at Lisbon, for the time applied.
being, for his fupport and fubfiftence to pray, preach and ex-
erciſe his minifterial function there, three hundred Mill Reis per
annum, by equal quarterly payments; and the remainder of the
faid monies fhall be applied for relief of thipwrecked mariners,
and other diſtreſfed perions, his Majefty's fubjects, and to fuch
other pious, charitable and publick ufes, as fhall from time to
time be appointed by the majority of the British merchants and
factors refiding at Lisbon, and other ports and places in Portugal,
and dominions thereof refpectively, being affembled with the
conful general for the time being, or any of his deputy confuls,
as aforefaid.
former pay-
V. Provided, and be it enacted by the authority aforefaid, Perfons ex-
That all perfons liable to pay the four Reis per Mill Reis herein empted from
before mentioned for the purpoſes aforefaid, fhall, after payment ments, upon
made of the fums required by this act, from time to time, to be
payment of
paid, as aforefaid, be exempted and difcharged from payment the fums re-
of the ſaid four Reis per Mill Reis for the future.
quired by the
act.
VI. And be it enacted by the authority aforefaid, That the The conful ge-
conful general for the time being, appointed or to be appointed nerai, &c. to
for your Majesty's fubje&ts trading to Portugal, or his deputy call a general
conful or deputy confuls refiding at Lisbon, or elſewhere, in any meeting of the
Dd 4
of
Britiſh mer-
chants and
408
[1721.
Anno octavo GEORGII I. c.18.
factors, the
majority of
whom hall or-
der all mat-
ters relating
to the pre-
miffes.
Publick act.
of the dominions of the King of Portugal reſpectively, ſhall, from
time to time, as he or they fhall fee occafion for effecting the
purpoſes of this act, call and fummon a general meeting or aſ-
fembly of the British merchants and factors refiding at Lisbon,
or elſewhere in the dominions of the King of Portugal refpect-
ively, and he and they are hereby obliged and required, from
time to time, to call and fummon fuch general meetings or af-
femblies as often as ſhall be deſired by writing under the hands
of any five or more of the Britiſh merchants or factors aforesaid,
and the majority at fuch meetings or affemblies fhall, from time
to time, order and determine all matters and things relating to
the premiffes.
VII. And be it enacted by the authority aforefaid, That this
act ſhall be eſteemed and taken in all courts of juſtice, and elfe-
where, to be a publick act, and ſhall be taken notice of as ſuch,
General iſſue, without fpecial pleading of the fame: and if any action ſhall be
brought, or fuit commenced againſt any perſon or perſons, for
any thing done in purfuance of this act, or in relation to the
premiffes, the defendant or defendants in fuch action may plead
the general iffue, and give this act, and the ſpecial matter in
evidence at any trial to be had thereupon, and that the fame was
done in purſuance, and by the authority of the faid act; and if
the ſame ſhall appear to have been ſo done, then the jury fhall
find for the defendant or defendants, or if the plaintiff or plaint-
iffs fhall become nonfuited, or fuffer a difcontinuance of his,
her or their action or actions, or if a verdict ſhall paſs againſt
the plaintiff or plaintiffs, or if upon demurrer judgment fhall be
given against the plaintiff or plaintiffs, the defendant or defend-
ants ſhall have full coſts, and ſhall have fuch remedy for the fame,
as any defendant or defendants hath or have for cofts in other
cafes by law,
Full cofts,
CAP. XVIII.
An act to prevent the clandeftine running of goods and the
danger of infection thereby; and to prevent ships breaking
their quarentine; and to ſubject copper-ore of the produc-
tion of the Britiſh plantations to fuch regulations, as other
enumerated commodities of the like production are ſubject.
ORASMUCH as the laws already made to prevent the fe-
cret landing of prohibited and uncuſtomed goods have been found
aut fee 2 Geo., infufficient for that purpose, it being notorious that fuch infamous and
C. 28. fect. 6. pernicious practices are ftill continued in open defiance of the laws, to
8 Geo. 2. c. 21. the great diminution of the publick revenues, the difcouragement of
15Geo.2.c.33. honeft traders, and during the time of infection abroad, to the endan-
25Geo.2.c.47. gering the health and lives of many thousands of his Majefiy's innocent
For the conti-
2.
Jubjects, by bringing into this kingdom, from infected places, goods apt
to retain infection: and whereas by an act paſſed in the fifth year of
5 Geo. 1. c. 11. his preſent Majeſty's reign, intituled, An act againſt clandeftine run-
ning of uncuftomed goods; and for the more effectual prevent-
ing of frauds relating to the customs, it was enacted, That any
Ship
!
1721.]
409
Anno octavo GEORGII I. c. 18.
25
Ship, vefel or boat of the burthen of fifteen tons, or under, wherein
any brandy, arrack, rum, ſtrong waters or fpirits of any kind what_
foever should be imported or brought into Great Britain, or into any
port, harbour, haven or creek thereof (except as therein is excepted)
fuch fhip, veffel or boat, with all her tackle, furniture and apparel,
or the value thereof, fhould be forfeited and loft, and ſhould and might
be feized, recovered, broke up and fold, as therein mentioned, which
forfeiture is, by an act paffed in the fixth year of the reign of his
prefent Majefty, intituled, An act for preventing frauds and abufes 6 Geo. 1. c.21.
in the publick revenues of excife, customs, ftamp-duties, poft- fect. 29.
office and houſe-money, extended to veffels of thirty tuns: and
whereas to elude the intent of the faid laws many perfons do now
carry on a clandeftine trade by importing thofe goods in ships and
veffels above the burthen of thirty tuns: for the prevention there- After
of, be it enacted by the King's moft excellent majefty, by and March 1722.
with the advice and conſent of the lords fpiritual and temporal no brandy,
and commons, in this prefent parliament affembled, and by the &c. to be im-
authority of the fame, That if any foreign brandy, arrack, ported in any
ſtrong waters or fpirits of any kind whatſoever fhall, from and
after the twenty fifth day of March one thouſand ſeven hundred
and twenty two, be imported or brought into Great Britain, or
into any port, harbour, haven or creek thereof, in any ſhip,
veffel or boat of the burthen of forty tuns or under, according
to the admeaſurement preſcribed in the laſt mentioned act (ex-
cept only for the ufe of the feamen then belonging to and on
board fuch fhip, veffel or boat, not exceeding two gallons for
each ſuch ſeaman) every ſuch ſhip, veffel or boat, with all her Penalty.
tackle, furniture and apparel, as alfo all fuch brandy, arrack,
ſtrong waters or ſpirits, or the value thereof, fhall be forfeited,
and ſhall and may be feized by any officer or officers of the
cuftoms, and fhall and may be profecuted and divided in fuch
manner and form, as is preſcribed in the faid acts concerning
ſhips, veffels and boats of fifteen or thirty tuns as aforefaid;
any law or cuſtom to the contrary notwithſtanding.
40 tuns.
II. And be it further enacted by the authority aforefaid, That After feizure
after the ſeizure and condemnation of ſuch ſhip, veffel or boat, and condem-
the principal officers of his Majefty's customs in the port or nation, hull of
place where the fame fhall be at the time of fuch condemnation, burnt, and
ſhip to be
are hereby directed to cauſe the hull of fuch fhip, veffel or boat the tackle, &c.
to be burnt and wholly deftroyed, and the tackle, furniture and fold.
apparel thereunto belonging, to be publickly fold to the beft ad-
vantage, and the produce thereof to be divided as herein after-
mentioned, the reaſonable charges of profecuting, felling and
burning as aforefaid being first deducted.
III. And whereas many frauds are committed to the prejudice of
the revenue in the clandeftine running of goods imported, and in re-
landing certificate goods, as well as in exporting wool and the coin of
this kingdom, by watermen and others in boats, wherries, pinnaces,
barges and gallies, which are fometimes rowed with fix, eight or twelve
oars, built on purpoſe for the fmuggling trade; and in cafe they are
purſued by the officers, do make their cfcape, which may be also a
means
410
[1721.
Anno octavo GEORGII I. c. 18.
i
Boats, &c.
rowing with
more than
four oars, a-
bove or
be-
low London
bridge, &c.
forfeited.
means of bringing in the infection: for the preventing whereof,
be it further enacted by the authority aforefaid, 'That from and
after the faid twenty fifth day of March one thouſand ſeven hun-
dred and twenty two, if any boat, wherry, pinnace, barge or
galley, rowing or made or built to row with more than four oars,
fhall be found upon the water or in any bargehoufe, workhoufe,
fhed or other place within any of the counties of Middleſex,
Surrey, Kent, or Effex, or in the river of Thames either above or
below London-Bridge, or within the limits of the ports of Lon-
den, Sandwich or Ipfwich, or the members or creeks to them,
or either of them refpectively belonging, fuch boat, wherry,
pinnace, barge or galley, with all her tackle and furniture, or
the value thereof, fhall be forfeited, and fhall and may be ſeized
Owner, &c. to by any officer or officers of the cuftoms; and the owner or own-
forfeit 40 l. ers thereof, or any perfon ufing or rowing in fuch boat, wherry,
pinnace, barge or galley, fhall alſo forfeit and loſe the ſum of
Boat, &c.after forty pounds; and ſuch feizure and forfeiture ſhall and may be
profecuted in the manner herein after mentioned; and after the
leizure and condemnation of fuch boat, wherry, pinnace, barge
or galley, the principal officers of his Majefty's cuftoms in the
port or place where the ſame ſhall be at the time of fuch con-
demnation, are hereby directed to caufe fuch boat, wherry,
pinnace, barge or galley to be burnt and wholly deftroyed, and
the tackle, furniture and apparel thereunto belonging to be pub-
lickly fold to the best advantage, the produce whereof to be di-
vided as herein after mentioned; the reaſonable charges of pro-
fecuting, felling and burning as aforefaid being first deducted.
condemna-
tion, to be
burnt.
The veffels
condemned
may be uſed,
&c. by 12 Geo.
1.C. 28. f. 14.
To what bar-
ges, &c. this
act ſhall not
extend.
IV. Provided always, That this act ſhall not extend or be
conſtrued to extend to any barge or galley belonging to or to be-
long to his Majefty, or the royal family, or any of them, or to
any long-boat, yaul or pinnace belonging to and ufed in the fer-
vice of any merchant-fhip or veffel, or to fuch boat, wherry,
pinnace, barge or galley, as fhall be licensed by the lord bigh
admiral, or commiffioners for executing the office of lord high
admiral, or the major part of the fame commiffioners for the
Licences to be time being; which licences fhall be in writing, figned by the faid
figned by the lord high admiral, or commiffioners for executing the office of
admiralty.
lord high admiral, or the major part of fuch commiffioners for
the time being, and ſhall be granted without any fee or charge
whatſoever.
Security to be
given, that
boat fhall not
be uſed for
running of un
customed
goods, &c.
V. Provided always, That no fuch licence fhall be granted,
but upon fufficient fecurity to be given to his Majefty, his heirs
and fucceffors, by the owner or owners of fuch boat, wherry,
pinnace, barge or galley, by bond, in fuch penalty as the lord
high admiral, or commiffioners for executing the office of lord
high admiral for the time being, fhall find to be reaſonable, with
condition that the fame fhall not be made ufe of in the clande-
ftine running of uncuftomed and prohibited goods; which fe-
curity the faid lord high admiral, or the commiflioners for ex-
ecuting the office of lord high admiral, who fhall grant fuch
licence,
1721.]
411
Anno octavo GEORGII I. c. 18.
licence, are hereby impowered and required to take for the uſe
of his Majefty, his heirs and fucceffors.
cers, &c. to be
VI. And be it further enacted by the authority aforefaid, That Perfons paf-
from and after the faid twenty fifth day of March one thouſand fing with fo-
ſeven hundred and twenty two all and every perſon and perfons, ded with-
reign goods
who ſhall be found paffing (knowingly and willingly) with any out entry, and
foreign goods or commodities landed from any fhip or veffel, being more
without the due entry and payment of the duties by law charged than five, and
thereon, in his, her or their cuftody, from any of the coafts, of refifting offi
this kingdom, or within the fpace of twenty miles of any of tranfported.
the faid coafts, and fhall be more than five perfons in company,
or ſhall carry any offenfive arms or weapons, or wear any vizard,
maſk or other difguife, when pafling with fuch goods or com-
modities as aforefaid, or fhall forcibly hinder or refift any of the
officers of the customs or excife in the feizing or fecuring any
forts or kinds of run goods or commodities, fhall be deemed
and taken to be runners of foreign goods and commodities within
the meaning of this prefent act, and (being convicted of or for
any
of the ſaid offences, for which he, the or they ſo convicted
are by this prefent act declared to be deemed and taken to be
runners of foreign goods and commodities) fhall be adjudged
guilty of felony, and fhall, for fuch his, her or their offence,
be tranſported as a felon to fome or one of his Majeſty's colo
pies or plantations in America, there to remain for the space of
feven years, in the fame manner as felons are appointed to be
tranfported by an act made in the fourth year of his Majefty's 4 Geo. 1. c. 11.
reign, intituled, An act for the preventing of robbery, burglary and
other felonies; and for the more effectual transportation of felons and
unlawful exporters of wool; and for declaring the law in fome points
against piracies; and by another act made in the fixth year of his 6 Geo. 1. c. 23.
Majefty's reign, intituled, An act for the further preventing rob-
bery and burglary and other felonies; and for the more effectual tranf-
portation of felons; and if any fuch offender or offenders fhall Returning in-
return into Great Britain or Ireland before the expiration of the to Great Bri-
faid ſeven years, he, the or they fo returning ſhall fuffer as fe- tain or Ire-
lons, and have execution awarded against him, her or them, as
land, felony.
perfons attainted of felony, without benefit of clergy.
within two
VII. Provided nevertheless, and it is hereby enacted and de- Offender be-
clared by the authority aforefaid, That if any runner of foreign fore convic-
goods or commodities as aforefaid fhall, within two months tion diſcover-
after fuch his offence, and before his conviction, difcover two ing two ac-
or more of his accomplices therein to the commiſſioners of the complices
cuſtoms or excife in England or Scotland refpectively, fo as they, months, to
or two of them at leaft, be convicted of ſuch offence, the offender have 401. for
or offenders fo diſcovering fhall have and receive the fum of forty each, and ac-
pounds for every fuch offender fo diſcovered and convicted, as quitted, &c.
a reward for fuch his difcovery; fo as the value of the goods
recovered for the uſe of his Majesty on ſuch diſcovery ſhall ex-
ceed the fum of fifty pounds; and fuch perfon fo diſcovering
fhall be clearly acquitted and difcharged of fuch his or her
offence.
VIII. And
412
[1721.
Anno octavo GEORGII I. c. 18.
3
ward.
Other perfons VIII. And be it further enacted by the authority aforefaid,
diſcovering in That from and after the faid twenty fifth day of March one
three months,
to have 401.
thouſand ſeven hundred and twenty two, if any other perſon or
over and above perfons fhall, within three months after fuch offence hall have
any other re- been committed, diſcover to the faid commiffioners reſpectively
any perſon or perfons who ſhall have been guilty of fuch offence,
fo as fuch offender or offenders be convicted thereof, fuch dif-
coverer or difcoverers fhall have and receive the like reward of
forty pounds for every fuch offender ſo diſcovered and convicted,
over and above any other reward or recompence, which he or
they may be entitled unto, on account of the goods fo carried
or conveyed away, which ſhall be recovered by means of fuch his
or their diſcovery, or on account of the penalties which fhall be
recovered for the running of the faid goods, ſo as the value of
the faid goods recovered for the uſe of his Majeſty on ſuch dif-
covery ſhall exceed the fum of fifty pounds.
Reward to be
paid by the
neral and
IX. And be it further enacted by the authority aforefaid,
That the commiffioners of the cuſtoms and excife in England
receivers ge- and Scotland refpectively fhall caufe the feveral rewards of forty
caſhiers of the pounds for the diſcovery of the offenders before-mentioned, to
cuftoms and be paid by the reſpective receiver general or caſhier of the cuf-
excife, by or- toms and excife for the time being, out of any publick money
commiffioners in his or their hands under the management of the ſaid com-
in England miffioners, in proportion to the duties payable on the goods fo
and Scotland clandeftinely run, for which ſuch perſon or perfons ſhall be con-
reſpectively. victed, upon producing to them a certificate or certificates un-
der of the
Perfons re-
itinely run,&c.
forfeit 201.
der the hand of the judge or juſtice of the court before whom
fuch offender or offenders fhall be tried, certifying the convic-
tion of the offender or offenders, and the money paid by any
receiver general or caſhier as aforeſaid ſhall be accepted of and
allowed in his accounts, as fo much money paid to his Majefty,
and ſuch receiver general or caſhier is and ſhall be hereby dif
charged thereof accordingly; any law, cuftom or uſage to the
contrary notwithſtanding.
X. And forafmuch as the perfons using fuch clandeftine trade are
greatly encouraged to continue the fame, by reafon great numbers of
perfons, for their private lucre, receive and buy the goods and mer-
chandizes fo by them clandeftinely imported contrary to law, which may
be a means of bringing in the infection: be it therefore enacted by
the authority aforefaid, That if any perfon or perfons fhall re-
ceiving goods, ceive or buy any goods, wares or merchandizes fo clandeftinely
&c. clande-
run or imported, before the fame fhall have legally been con-
demned, knowing the fame to be fo clandeftinely run or import
ed, and ſhall be thereof lawfully convicted upon his, her or
their appearance or default, upon the oath or oaths of one or
more credible witneſs or witneffes, or by the confeffion of the
party, by one or more juftice or juftices of the peace of the
county, divifion, or liberty where fuch offence fhall be com-
mitted, or the offender fhall be found (which oath fuch juſtice
or juſtices of the peace are hereby required to adminiſter) the
perſon ſo convicted fhall forfeit the fum of twenty pounds; one
moiety
·
1721.]
413
Anno octavo GEORGII I. c. 18.
moiety thereof to the informer, and the other moiety to the poor
of the parish where fuch offence fhall be committed, the fame
to be levied by diſtreſs and ſale of the offender's goods, by war-
rant under the hand and feal or hands and feals of fuch juſtice
or juſtices before whom ſuch offender ſhall be convicted as afore-
ſaid; and for want of ſuch diſtreſs every ſuch offender ſhall by
ſuch juſtice or juftices be committed to priſon, there to remain
without bail or mainprize for the ſpace of three months.
XI. And whereas ſeveral confiderable dealers in foreign brandy,
Spirits or ftrong waters have and keep very large stocks or quantities
of foreign brandy, Spirits or ſtrong waters for fale, many whereof
live upon or near the coafts of this kingdom, and thereby have or may
have opportunities for furnishing themselves with the faid brandy,
Spirits or strong waters, either by running the fame themſelves, or
procuring it from others who have or ſhall run it: and whereas many
of the faid dealers are gotten into a practice of receiving into their
cuftody great quantities of Spirits made in this kingdom, which for
the most part are brought to them from London, with permit or cer-
tificate that the duties of the fame have been paid, which ſpirits are
either drawn fo low, or by mixing the fame with water made of fo
mean a quality, that of themſelves they are of little or no value, and
by having thofe fpirits in their cuftody, the faid dealers have oppor-
tunities of increafing their stocks of foreign brandy, Spirits or strong
waters, which they either run themfelves, or procure others to do it
for them; and when fuch increafe is difcovered by the officers of the
excife, the fame is pretended to have been made by a mixture of the
faid mean British Spirits with their foreign brandy, Spirits or ſtrong
waters, whereas in truth they really deftroy the faid British fpirits,
and do not mix the fame with their foreign goods, whereby the practice
of running the fame is become difficult to be found out and difcovered,
and the pernicious trade of running the ſaid foreign brandy, fpirits or
Strong waters fuccessfully carried on: for remedy whereof, be it
enacted by the authority aforefaid, That from and after the faid All dealers in
twenty fifth day of March one thouſand ſeven hundred and foreign bran-
twenty two all dealers in foreign brandy, fpirits or ſtrong waters, keep them fe-
dy, &c, to
who ſhall then have, or from thenceforth receive into their cu- parate from
ſtody, any Britiſh ſpirits, ſhall keep the fame ſeparate and apart, Britiſh ſpirits,
and in feparate cellars, vaults or other places, from their foreign on penalty of
brandy, fpirits or ſtrong waters, upon pain of forfeiting the fumos. for every
gallon British,
of ten fhillings for every gallon of Britiſh ſpirits which ſhall be and forfeiture
found in any vault, cellar or other place where any dealer in of caſks.
foreign brandy, fpirits or ftrong waters fhall have or keep any
foreign brandy, fpirits or ftrong waters, together with the cafks
and other veffels wherein the fame British fpirits fhall be found.
XII. And it is hereby further enacted by the authority afore- Increaſe of fo-
ſaid, That in caſe any officer of the excife thall find any increaſe reign brandy,
of foreign brandy, fpirits or ftrong waters in the hands of any &c. found by
fuch dealer, over and above the quantity which fuch officer officer after
found in fuch dealer's cuftody at the time of fuch officer's laſt
former furvey,
to be deemed
preceding furvey upon fuch dealer, fuch increafe fhall be deem- as brandy
ed and taken to be made by foreign brandy, fpirits or ftrong without per
waters, mit, &c.
414
[1721.
Anno octavo GEORGII I. c. 18.
waters, for which no duties were paid, and which had been
privately brought by fuch dealer into the place where fuch in-
creafe fhall be found, without any permit or certificate of the
payment of the duty thereof, or any previous entry or notice
Such brandy, to any officer of excife of bringing the fame; and fo much of
&c. with cask, the faid foreign brandy, fpirits or ſtrong waters, as ſhall be
forfeited.
found fo increaſed, fhall, together with the cafk or other veffel
wherein the fame fhall be fo contained, be forfeited and loft; and
ſhall and may be feized and fecured by ſuch officer and officers
of excife who fhall fo find and diſcover the fame, unleſs the
owner thereof fhall make it appear, that fuch increaſe was made
either by mixing fome of his fſtock of British ſpirits, whereof
the officer of excife had taken an account, with his foreign
brandy, fpirits, or trong waters in the prefence of the officer of
excife of the divifion where the faid increaſe fhall be found, or
by foreign brandy, fpirits or ftrong waters brought into the place
where fuch increaſe fhall be found, with a permit or certificate
of the payment of the duties thereof, or that the fame had been
formerly condemned, or was part of fome perfon's stock in hand
on the firſt day of August one thouſand ſeven hundred and twenty,
and that due notice was given to the officer of exciſe at the faid
divifion of the bringing in the fame, before the ſame was fo
brought in.
Foreign bran-
XIII. And whereas many retailers of foreign brandy, Spirits or
Strong waters are furnished with the brandy, fpirits or ſtrong waters
which they retail by perſons who run the fame, or their accomplices,
in fmall quantities, viz. lefs than one gallon at a time, and when the
officers of the excife find fuch ſmall quantities in the hands of fuch
retailers, they refuse to produce any permit or certificate for the fame,
alledging, that no fuch permit or certificate are required by law for
any quantity of fuch brandy, Spirits or ſtrong waters under the quan-
tity of one gallon, whereby the runners thereof find means to difpofe
of great quantities of fuch run brandy, fpirits or strong waters:
for remedy whereof, be it enacted by the authority aforefaid,
That from and after the faid twenty fifth day of March one
dy, tho' lefs
thouſand ſeven hundred and twenty two no foreign brandý, ſpirits
than one gal-
lon, without or ftrong waters, although the fame be under the quantity of
permit, &c. one gallon, fhall be received or taken into the cuftody or pof-
feffion of any fuch retailer, or any perſon or perfons for the ufe
of any fuch retailer, without a permit or certificate figned by
fome officer of the customs or excife, fignifying that the duties
thereof were paid, or fecured to be paid, or that the fame had
been condemned as forfeited, or was part of fome perfon's ftock
in hand on the first day of August one thoufand feven hundred
and twenty, upon pain of forfeiting all fuch foreign brandy,
ſpirits or ſtrong waters, as fhall be fo found in the cuftody of
fuch retailer or any other perfon or perfons for the uſe of any
fuch retailer, without a permit or certificate, together with the
cafk, bottle or other veffel wherein the fame fhall be fo found;
any law, ftatute or provifion to the contrary thereof in any wife
notwithstanding.
6
forfeited, with
ask.
XIV. And
721.]
415
Anno octavo GEORGII I. c. 18.
!
XIV. And whereas by virtue of an act paffed in the feffion of par- 7 Geo. 1. ftat.
liament holden in the feventh year of his Majesty's reign, obliging all 1. c. 3. EXP.
fuch fhips, perfons and goods coming from places that are or hall
be mentioned in his Majesty's proclamation, to perform quarentine, it 26 Geo. z. c.6.
is enacted, That in eafe any commander, mafter or other perſon taking
charge of any ship liable to perform quarentine shall not, within
convenient time, after due notice given for that purpoſe by the pro-
per officer, caufe fuch ſhip or vessel and the lading thereof, to per-
form quarentine respectively, then fuch ſhip or veſſel is forfeited, and
the commander, mafter or other perfon as aforefaid forfeits two bun-
dred pounds: and whereas the commanders, mafters or other perfons
taking charge of ſuch ſhips or veſſels do pretend, after they are put
into the place or places to perform quarentine, to be bound to parts be-
yond feas, or fome other port or place of this kingdom, and do fre-
quently depart from fuch places without the licence of the proper offi-
cer appointed to fee the quarentine duly performed, contrary to the
true intent and meaning of the ſaid act; for remedy whereof, be
it enacted and declared by the authority aforefaid, That if the Ships depart-
commander, maſter or other perſon taking charge of any fhip ing without
or veffel liable to perform quarentine, fhall depart with or per- licence from
mit or fuffer fuch fhip or veffel to depart from the place or places pointed for
places ap-
appointed for the performance of quarentine, without leave or quarentine
licence of the proper officer or officers appointed to ſee the ſame forfeited,
performed, fuch fhip or veffel, with her tackle, furniture and
apparel, fhall be forfeited to his Majefty, his heirs and fuccef-
fors, and the commander, mafter or other perfon as aforefaid
fhall alſo forfeit the fum of two hundred pounds; one moiety
thereof to the uſe of his Majefty, his heirs and fucceffors, and ders, &c. to
the other moiety thereof to the informer or profecutor.
and comman-
forfeit zool.
&c.
XV. And whereas feveral perfons guilty of the clandeftine running
of brandy or other cuftomable and prohibited goods, or of receiving
Juch goods, knowing the fame to have been fo run, do frequently re-
move from their ufual places of abode into fome other county, and are
there called by other than their true names, to avoid their being profe-
cuted with effect for fuch their notorious offences; be it therefore
further enacted by the authority aforefaid, That if any perfon How perfons
or perfons fhall, after the faid five and twentieth day of March running bran-
one thouſand ſeven hundred and twenty two, be guilty of any dy, &c. re-
offence or offences contrary to the true intent and meaning of moving from
their abode,
this or any other act of parliament made for the preventing clan- geraay be
deftine running of brandy or other cuftomable or prohibited profecuted.
goods, or of receiving fuch goods into his or their houſe, ſhop
or warehouſe, cuftody or poffeffion, knowing the fame to be fo
run, fuch perfon and perfons fhall and may be profecuted for
any of the offences or matters aforefaid, by action, bill, plaint
or information, and thereupon a Capias in the firft procefs, fpe-
cifying the fum of the penalty fued for, fhall and may iffue;
and ſuch perſon or perfons fhall be obliged to give fufficient bail
or ſecurity by natural-born ſubjects or denizens, to the perfon
or perfons to whom fuch Capias fhall be directed, to appear in
the court out of which fuch Capias thall iffue at the day of re-
turn
!
416
[1721.
Anno octavo GEORGII I. C. 18.
8 Ann. c. 7.
8 Ann. c. 13.
turn of fuch writ, to anſwer fuch fuit and profecution, and ſhall
likewiſe, at the time of fuch appearing, give ſufficient bail or
fecurity by ſuch perſons as aforefaid in the faid court, to anſwer
and pay all the forfeitures and penalties incurred for fuch offence
or offences, in cafe he or they ſhall be convicted thereof, or to
yield his or their body or bodies to prifon.
XVI. And whereas by two feveral acts paffed in the eighth year
of the reign of her late majesty Queen Anne, the one, intituled,
An act for granting to her Majefty new duties of exciſe upon
feveral imported commodities, and for other purpoſes therein men-
tioned; the other, intituled, An act for continuing feveral impo-
fitions, additional impofitions and duties upon goods imported,
to raise money by way of loan for the ſervice of the year one
thouſand ſeven hundred and ten; and for taking off the over-
fea duty on coals exported in Britiſh bottoms; and for prevent-
ing frauds in drawbacks upon certificate goods, and other pur-
pofes therein mentioned, it is thereby respectively enacted, That if any
fort of goods whatſoever, liable to the payment of duties, be unship-
ped with intention to be laid on land (cuftoms and other duties not
being first paid or fecured) or if any prohibited goods whatſoever be
imported into any part of Great Britain, or in cafe any tobacco or
other foreign goods contained or fpecified in any certificate, whereupon
any drawback is to be made, or whereupon any debenture is to be
made forth for ſuch drawback, fhall, when ſhipped for exportation, be
landed again in any part of Great Britain (except as therein is ex-
cepted) the vessels and boats, and all the horses and other cattle and
carriages whatsoever, ufed in the landing, relanding, removing, car-
riage or other conveyance of the aforefaid goods, fhall be forfeited and
loft, and may be fued for, recovered and distributed in fuch manner
as by the faid act is provided and directed; which laws have not had
the good effects thereby propofed, in regard that the keeping and main-
taining the horfes fo feized, from the time of feizure to the time of
condemnation in his Majesty's court of exchequer, is very chargeable,
and for that the charge of condemning fuch veffels, boats and horfes
as aforefaid is very great, whereby officers are difcouraged from mak-
ing fuch feizures, and the fmugglers encouraged in their illegal
practices: be it therefore enacted by the authority, aforefaid,
That all feizures of veffels or boats of the burthen of fifteen
veſſels, &c. of tuns, or under, which ſhall be made after the twenty fifth day
15
I tons or un- of March one thouſand ſeven hundred and twenty two, by vir-
der, how to be
tue of the faid acts, or either of them, or of any other act re-
lating to the revenue of cuftoms, for carrying or conveying un-
cuſtomed or prohibited goods from thips inward or for relanding
certificate or debenture goods from fhips outwards, and that all
feizures of horſes, or other cattle or carriages whatfoever, which
ſhall be made after the twenty fifth day of March one thouſand
ſeven hundred and twenty two, for being uſed in the removing,
carriage or conveyance of fuch goods, contrary to the faid acts,
or any of them, fhall and may be examined into, proceeded up-
on, heard, adjudged and determined by, and before two or more
of his Majefty's juſtices of the peace refiding near the place
Seizures of
proceeded up-
on.
where.
1721.]
417
Anno octavo GEORGII I. C. 18.
fect. 20.
where fuch feizure fhall be made, in ſuch manner, and after
ſuch fummons or publick notice given, as by an act paffed in
the fixth year of his prefent Majefty, intituled, An act for 6 Geo.1. c. 21.
preventing frauds and abufes in the publick revenues of excife, customs,
Stamp-duties, poft-office and house-money, feizures of brandy, ar-
rack, rum, fpirits or ftrong waters (except as therein is except-
ed) may be examined into, proceeded upon, heard, adjudged
and determined, before two or more of his Majefty's juftices
of the peace, and fuch their refpective judgments fhall be and
are hereby declared to be taken and adjudged to be good, valid
and effectual in the law, and final to all intents and purpoſes
whatſoever, and not liable to any appeal, or any writ or writs
of Certiorari; any law, ftatute or provifion to the contrary not- No Certiorari.
withſtanding.
power as other
XVII. Provided always, and be it enacted by the authority Juftices of
aforefaid, That any two or more juftices of the peace of the ci- London, &c.
ties of London and Westminster, fhall have the like power and to have like
authority in the fummoning, examining, proceeding, hearing, juftices.
adjudging and determining fuch feizures, as are or fhall be made
within the cities of London or Westminster refpectively, as any
two juſtices of the peace of any other county or place have; any
law or cuſtom to the contrary notwithstanding.
another in
into
cuſtomer, &c.
1
XVIII. And whereas foreign goods are frequently taken in at ſea Goods
by masters of coafting veſſels, who privately land the fame, to the pre- brought from
judice of the revenue, and the encouragement of the foul traders: for one port
the prevention whereof, be it further enacted by the authority Great Britain,
aforefaid, That if any goods brought or coming into any port &c. unſhipped,
within the kingdom of Great Britain, from any other port with- before cocquet
in the faid kingdom, by coaft cocquet, tranfire, let-pafs or cer- delivered to
tificate, in any ſhip or veffel, fhall, from and after the twenty forfeited.
fifth day of March one thouſand feven hundred and twenty two,
be unſhipped to be landed or put on fhore, before fuch coc-
quet, tranfire, let-pafs or certificate, fhall be delivered to the
cuſtomer or collector and comptroller of the port or place of
her arrival, and warrant or fufferance made and given from
fuch cuſtomer, collector and comptroller for the landing or
diſcharging thereof, the mafter, purfer, boatswain, or other
mariner, taking charge of fuch fhip or veffel, out of which
the goods fhall be landed or put on fhore, knowing and con-
fenting thereunto, fhall forfeit the value of the goods fo unſhip-
ped; and if any goods of foreign growth, production or manu- Foreign goods
facture, coming coaftwife, as aforefaid, fhall be landed without landed with-
the preſence of an officer of the cuftoms, fuch foreign goods, or of officer, for-
the value thereof, fhall be forfeited and loft; any law, cuftom feited.
or ufage to the contrary notwithſtanding.
out prefence
XIX. And whereas by an act made in the fixth year of the reign of6 Geo. 1. c. 12.
his prefent Majefty, intituled, An act for preventing of frauds and
abuſes on damaged wines, and for lengthening the time for the
drawbacks on the exportation of wines, it is enacted, That in cafe
any merchant or other perfon importing wines, ſhall find the fame, or
any part thereof ſo damaged, corrupt or unmerchantable, that he shall
VOL. XIV.
E e
refuſe
418
Anno octavo GEORGII I. c. 18. [1721.
refuſe to pay or fecure the duties of fuch wines, and shall thereupon
ftave, fpill or otherwife deftroy the fame, as by the faid act he is al-
lowed to do, in the manner therein mentioned, fuch merchant or other
perſon, ſhall, as a compenfation for the freight and other charges,
have the fum of four pounds for every tun of wine, containing two
hundred and fifty two gallons, of the growth of Germany, or wines
which pay duties as fuch, and of the growth of France, ſo ſtaved,
Spilt, or otherwife deftroyed, and the fum of eight pounds per tun,
for every tun of wine of the growth of Spain, Portugal, or elſewhere,
and fo in proportion for a greater or leffer quantity, to be paid in the
manner thereby directed; which feveral and respective allowances
were made with regard to the distances of the places from whence the
faid feveral forts of wine are ufually imported: and whereas fince the
making of the faid act, great quantities of mean and corrupt wines
have been imported from the isle of Man, the freight whereof was
inconfiderable, and flaved for the benefit of the above-mentioned al-
lowances for freight and charges, contrary to the true intent and mean-
ing of the faid act, which fraudulent practice may not only, from the
encouragement before-mentioned, be continued from the faid iſland, but
alfo be carried on by ill-difpofed perfons from Ireland, and the islands
of Jerſey and Guernſey, or other places and parts beyond the feas,
to the lefening of his Majesty's revenues, and prejudice of fair
traders: be it therefore enacted by the authority aforefaid, That
no allowances no allowance fhall be made by virtue of the faid act for the
for freight of freight or charges of any wine which fhall be imported after the
twenty fifth day of March one thoufand feven hundred and
twenty two, unleſs fuch wine be imported in caſks on board
fuch merchant ship or veffel, directly from the country or place
of the growth of fuch wine, or the ufual port or place of its
firſt ſhipping; any thing in the faid act to the contrary notwith-
ſtanding.
After 25
March 1722.
wine unleſs
imported di-
rectly from
the place of
its growth.
Allowances
for wine in
XX. Provided always, and be it enacted by the authority a-
forefaid, That in cafe any fhip or veffel having wines on board,
thips itranded. fhall by ſtreſs of weather, or any other accident be ſtranded,
then and in fuch caſe, the wines on board the ſaid ſhip or veſ-
fel which fhall be faved, may be put on board any other hip,
veſſel or boat, and be carried to any of the lawful ports or places
for landing of goods in this kingdom, and be intitled to the
fame allowances for fuch of them as fhall be ftaved, fpilt or
deſtroyed, as if they came in the ſhip or veffel in which they
· were first loaded; any thing in this or any other act to the con-
trary notwithſtanding.
6 Geo. 1. c. 21.
nutmegs, &c.
XXI. And whereas by an act paffed in the fixth year of his Ma-
Licence for jefty's reign, intituled, An act for preventing frauds and abuſes in
importation of the publick revenues of excife, cuftoms, ftamp-duties, poft-
to be deliver- office, and houſe-money, it is enacted, That every licence taken out
ed to the col- for the importation of nutmegs, cloves, mace or cinnamon, in the man-
ner therein directed, fhall be delivered to the merchant demanding the
fame, to be produced and delivered up by the mafter, purfer, or other
be imported, perfon taking charge of the ship, to the collector and comptroller of
port at the time of entring the ship, which act is evaded for want
lector of the
port, where
the fpices fhall-
Stc.
the
1721.]
419
Anno octavo GEORGII I. c. 18.
of penalty to inforce the fame, contrary to the true intent and mean-
ing thereof; be it thereof enacted by the authority aforefaid,
That in cafe the mafter, purfer, or other perfon taking charge
of any ſhip, importing any of the faid fpices from any place
or places beyond the feas, other than directly from the East-
Indies, fhall not deliver up fuch licence to the collector and
comptroller of the port into which the ſaid ſpices fhall be im-
ported, at the time of his or their entring the faid fhip, regu-
larly indorſed, as in and by the faid act is directed, and alfo
annex fuch licence to the entry or report of the ſhip; and in Penalty in cafe
cafe' each caſk of nutmegs, cloves, or mace fo imported, fhall of deficiency
not contain neat three hundred pound weight, and each bale of in quantity
cinnamon neat ſeventy pound weight, as by the faid act is di- of casks, &c.
rected; then and in any of the faid cafes, fuch nutmegs, cloves,
mace or cinnamon fhall be forfeited, and deemed to be import-
ed without a licence, granted or to be granted by virtue of the
faid act, or any former law, and ſuch ſpice ſhall and may be
profecuted, as alfo the fhip importing the fame, by any act or
acts of parliament now in force relating to the cuſtoms, as if
ſuch ſpice had been imported without licence; any law, cuſtom
or ufage to the contrary notwithſtanding.
1
fect. 18.
Car. 2. c.7.
25
༢
XXII. And whereas by the acts made in the twelfth and twenty- 12Car. 2.c.18.
fifth years of the reign of his late majefty King Charles the Second,
the former intituled, An act for the encouraging and increaſing of
fhipping and navigation; and the latter intituled, An act for the
encouragement of the Greenland and Eaftland trade, and for the
better fecuring the plantation-trade; and by one other act made in
the third and fourth years of the reign of her late majesty Queen 2 & 4 Ann.c. 5.
Anne, intituled, An act for granting to her Majesty a further fect. 12.
fubfidy on wines and merchandizes imported, certain commodities
therein respectively enumerated, of the growth, production or manu-
facture, of any of the British plantations in America, Afia or Afri-
ca, are for the reafons therein mentioned, restrained to be imported
into this kingdom, or to fome other of the ſaid plantations, under the
fecurities and penalties in the faid two firft recited acts, or either of
them, particularly mentioned; fince the making of which laws, cop-
per ore, (which is not in any of the faid acts particularly enumerated)
is produced in the faid plantations, and carried to foreign markets in
Europe, without being first brought into this kingdom, to the preju-
dice of the trade and the leffening the correspondence and relation be-
tween this kingdom and the aforefaid plantations; for prevention Copper ore of
whereof for the future, be it enacted by the authority aforefaid, the produce of
That from and after the twenty ninth day of September one British planta-
thouſand ſeven hundred and twenty two, all copper ore fhall be, ed to fuch re-
tions, fubject-
under the like fecurities and penalties, reftrained to be imported gulations as
into this kingdom, as by the fore-recited acts, or any of them, other commo-
is provided for the goods therein particularly enumerated; any dities, &c.
law, cuſtom or ufage to the contrary notwithſtanding.
XXIII. And be it further enacted by the authority aforefaid, Penalty, how
That the feveral penalties and forfeitures in this act inentioned, to be profecu-
hall and may be profecuted and determined by bill, plaint or
ted, &c.
E e 2
infor-
1
:
420
[1721.
Anno octavo GEORGII I. c. 18.
to be made.
information, in any of his Majefty's courts of record at West-
minster, or in the court of exchequer at Edinburgh reſpectively,
(except where it is in this act otherwife directed) wherein no ef-
foin, protection or wager of law fhall be allowed; and one
moiety of the faid feveral penalties and forfeitures ſhall be to
the uſe of his Majefty, his heirs and fucceffors, and the other
moiety to fuch perfon or perfons as will fue for or profecute
the fame.
Seizures, how XXIV. And whereas doubts have arifen and been made of and
and by whom concerning the feizing of fuch brandy, arrack, rum, fpirits and
frong waters, as well foreign as British, and alſo of fuch foreign ex-
cifeable liquor, as by act or acts relating thereto now in force, are in
feveral and refpective cafes enacted and declared to be forfeited; now
to clear all doubt and question therein, or relating thereto, be it en-
acted and declared by the authority aforefaid, That the liquors
aforefaid, every or any them, which have been, are, is, or
hereafter ſhall be forfeited by any act or acts of parliament now
in force, or hereafter to be made, together with the cafks,
bottles, veffels, or other package containing the fame, ought
to be, and from time to time ſhall and may be ſeized by any
officer or officers of the customs or excife reſpectively, or by
ſuch perſon or perſons, who are or ſhall be deputed or autho-
rized thereto, by warrant from the lord treaſurer or under trea-
furer, or by fpecial commiflion from his Majefty, under the
great feal or privy feal, but by none other or others whatfoever.
XXV. And be it further enacted by the authority aforefaid,
That if from and after the twenty fifth day of March one thou-
fand ſeven hundred and twenty two, any perfon or perfons
whatſoever, fhall affault, refift, oppofe, moleft, obftruct or hin-
der any
officer or officers of the cuſtoms or excife, in the due
feizing or fecuring any brandy, arrack, rum, fpirits or ſtrong
waters, either foreign or British, or any foreign excifeable li-
quors, which by any officer or officers of cuftoms or excife, fhall
or may be feized by virtue or in purfuance of this or any other
act or acts now in force, or hereafter to be made, or fhall by
force or violence reſcue, or ſhall cauſe or procure to be reſcued,
any brandy, arrack, rum, fpirits or ftrong waters, British or
foreign, or any foreign excifeable liquors, after the fame fhall
have been feized by fuch officer or officers, as aforefaid, or fhall
attempt or endeavour ſo to do, or fhall, at or after fuch feizure,
ſtave, break, or otherwiſe deſtroy or damage any cafk, veffel
or bottle containing fuch brandy, arrack, rum, fpirits, or ftrong
waters, Britiſh or foreign, or fuch foreign excifeable liquor, the
party or parties fo offending fhall for every fuch offence forfeit.
and lofe the fum of forty pounds.
Refifting offi-
cers, &c. for-
feits 401.
XXVI. And be it further enacted by the authority aforefaid,
That if any action or ſuit ſhall be commenced againſt any per-
fon or perfons for any thing done in purfuance of this act, that
the defendant or defendants in fuch action or fuit, may plead
General iffue. the general iffue, and give this act and the fpecial matter in evi-
dence, at any trial to be had thereupon, and that the fame was
done
.
1721.]
Anno octavo GEORGII I. c. 19.
421
done in purſuance and by the authority of the faid act; and if
it fhall appear fo to have been done, then the jury ſhall find for
the defendant or defendants; and if the plaintiff fhall be non-
fuited, or difcontinue his action, after the defendant or defend-
ants fhall have appeared, or if judgment fhall be given upon any
verdict or demurrer againſt the plaintiff, the defendant or de-
fendants fhall and may recover treble cofts, and have the like Treble coſts.
remedy for the fame, as the defendant or defendants hath or
have in other cafes by law.
This act to
XXVII. Provided always, and it is hereby further enacted by continue for
the authority aforefaid, That this preſent act ſhall continue and two years
be in force for the ſpace of two years, commencing from the after 25 March
twenty fifth day of March one thouſand ſeven hundred and 1722, &c.
twenty two, and from thence to the end of the then next feffion nued by 8 Geo.
of parliament, and no longer.
CA P. XIX.
Farther conti-
2. C. 21.
15Geo.2.c.33.
& 20 Geo. 2.
An att for the better recovery of the penalties inflicted upon c. 47.
F
perfons who destroy the game.
OR rendring more effectual the laws now in being for the Wherefoever
better preſervation of the game, be it enacted by the King's any perfon
moſt excellent majefty, by and with the advice and confent of ſhall hereafter
the lords fpiritual and temporal and commons, in this preſent be liable to
parliament affembled, and by the authority of the fame, That any pecuniary
penalty for of
wherefoever any perfon fhall, for any offence to be hereafter fences com-
committed against any law now in being for the better prefer- mitted againſt
vation of the game, be liable or ſubject to pay any pecuniary the laws for
penalty or fum of money, upon conviction before any juftice or of the game;
prefervation
juſtices of the peace, it fhall and may be lawful for any other
any other per-
perfon whatſoever, either to proceed to recover the faid penalty, fon may re-
by information and conviction before a juſtice or juftices of the cover the faid
peace, in ſuch manner as is in fuch law contained, or to fue for the penalty by in-
fame by action of debt, or on the cafe, bill, plaint or informa- fore a juftice,
tion, in any of his Majefty's courts of record, wherein no effoin, or fue for the
protection, wager of law, or more than one imparlance fhall be fame, &c.
allowed, and wherein the plaintiff, if he recovers, ſhall likewiſe
have his double cofts.
formation be-
fore the end of
II. Provided, That all fuits and actions to be brought by Actions to be
force of this act, fhall be brought before the end of the next brought be
term after the offence committed; and that no offender against any the term after
of the laws now in being for the better preſervation of the game, the offence
ſhall be profecuted for the fame offence, both by the way pre- committed.
ſcribed by this law, and by the way preſcribed by any of the faid No offender to
former laws; and that in caſe of any fecond profecution, the fecuted for the
perſon fo doubly profecuted, may plead in his defence the for- fame offence.
mer proſecution pending, or the conviction or judgment there-
upon had.
be twice pro-
CAP.
Ee3
422
[1721.
Anno octavo GEORGII I. c. 20.
CAP. XX.
An act for paying off and cancelling one million of exchequer
bills, and to give eafe to the South-Sea company, in re-
Spect of its prefent obligation, to circulate or contribute
towards circulating exchequer-bills; and to give further
time to that company for repayment of one million which
was lent to them; and for iffuing a further fum in new
exchequer-bills, towards his Majesty's fupply, to be dif
charged and cancelled, when the faid company shall repay
the million owing by them; and that the exchequer-bills,
which are to continue, may be circulated at eafy and mode-
rate rates; and for appropriating the fupplies granted to
his Majesty in this feffion of parliament; and for relief of
the fufferers at Nevis and Saint Chriftophers, by an inva-
fion of the French in the late war; and for laying a fur-
ther duty on apples imported; and for afcertaining the du-
ties on pictures imported.
Mos
OST gracious Sovereign, Whereas amongst divers matters
and things contained in an act of parliament, made and paſſed
• Geo. 1. c. 4. in the fixth year of your Majesty's reign, intituled, An act for en-
abling the South-Sea company to increaſe their preſent capital
ſtock and fund, by redeeming fuch publick debts and incum-
brances as are therein mentioned; and for raiſing money to be
applied for leffening ſeveral of the publick debts and incum-
brances; and for calling in the prefent exchequer-bills remain-
ing uncancelled; and for making forth new bills in lieu thereof,
to be circulated and exchanged upon demand at or near the ex-
chequer, it was recited or mentioned, That after the application of
fuch monies as are therein specified, the principal monies to remain
due upon bills, commonly called exchequer-bills, made forth by virtue
of former acts of parliament in that behalf, and would then be in or
out of the exchequer uncancelled and undiſcharged, would by eftimation
amount unto eight hundred ninety fix thousand fix hundred fixty two
pounds ten fillings or thereabouts, befides intereft on them or fome of
them;
and it was thereby enacted, That the faid refiduary bills fhould be
brought in to be changed for new bills, upon fuch notice, and in fuch man-
ner, as was thereby preſcribed; and that the commiffioners of the trea-
fury, or any three or more of them, or the high treasurer for the time
being, fhould cause new bills to be prepared and made forth at the receipt
of the exchequer, for any fum or fums of money, whereof the principal
Jhould not exceed the faid eight hundred ninety fix thouſand fix hun-
dred fixty two pounds ten fhillings, adding thereunto the intereft mo-
nies which should appear to be due thereupon; and that fuch new bills
fhall bear an intereft not exceeding the rate of two pence per centum
per diem; and it was thereby enacted, That the faid company, or
their court of directors in their behalf, ſhould, from time to time,
during the term of feven years, to be reckoned from the feast of the
nativity
1721.]
Anno octavo GEORGII I. C. 20.
1
423
nativity of Saint John Baptiſt one thouſand ſeven hundred and twenty,
furnish, fupply and pay to trustees to be chofen or conftituted, as is
therein mentioned, fo much ready money, in the lawful coins of this
realm, as fhould be fufficient to enable fuch trustees to exchange all
fuch of the faid bills to be made forth by virtue of that act, as fhould
be demanded at the publick office of the faid truflees, at any time or
times within the ſaid term of ſeven years, by paying (in fuch ready
money) upon every fuch demand, all the principal monies contained in
every fuch bill, and the intereft which should then be due thereupon,
and fo toties quoties, as often as any fuch bill ſhould be demanded;
and in cafe, during that or any future feffion or feffions of parlia-
ment, any other act or acts of parliament was or fhould be made for
making forth any further fum or fums in exchequer-bills, to be circu-
lated by trustees at or near the exchequer, and to be current at any
time or times, within or during the faid term of feven years, or for
any part of the fame term, at the exchequer, and in the publick re-
venues and taxes, upon credit of fuch fund or fecurity, or of fuch
monies to be borrowed thereupon, as by authority of parliament ſhould
be established or appointed, to fupport the currency thereof, then the
Said company were thereby enjoined and required by themſelves, or
their court of directors for the time being (from time to time, during
the faid term of ſeven years, or for fo much of that term as the ex-
chequer-bills, to be made forth by fuch other or future act or acts of
parliament, fhould have a joint currency with the faid bills to be made
forth by virtue of the act in part before recited, or be current toge-
ther or at the fame time) to furnish, Supply and pay to fuch trustees in 6 Geo. 1. c.45
lawful coins of this realm, a proportional part of fuch ready money,
as should be fufficient to enable the fame trustees to exchange all or
any of the bills which should be so current, whether they were bills
made forth by virtue of the act in part before recited, or any other act
or acts of that or any future feffion of parliament, as often as any fuch
bills fhall be demanded within the faid term of feven years, by paying
all the principal monies contained in fuch bill, and the interest which 6 Geo.1. c. 10,
fhould upon every fuch demand be due thereupon, and fo toties quoties,
as often as the fame should be demanded; and that fuch proportional
parts fhould, from time to time, be ascertained and determined in the
manner thereby preſcribed (that is to Jay) as the fum total of the prin-
cipal monies contained in all the faid bills then uncancelled and undif
charged, should be to ten hundred thousand pounds, fo the whole fum,
which at any time or times during the faid term should be neceffary
and called for to fupport the currency of all the faid bills, should be
to the proportional part to be furnished by the faid company toward
Supporting fuch currency: and it was thereby provided and enacted,
That if at any time or times thereafter, provifion should be made by
authority of parliament, of fo much money in the lawful coins of this
kingdom, as fhould be fufficient to pay off and discharge all the prin-
cipal and intereft which should be due on the faid exchequer-bills, to be
made forth by virtue of that act as aforesaid, or any proportion there-
of at a time; and if by like authority the fame coined monies should
be actually brought and paid into the receipt of the exchequer for that
purpose, then the fame ſhould be applied for or towards the paying off
Ee 4
and
424
[1721.
Anno octavo GEORGII I. C. 20.
and diſcharging the fame bills, or fuch proportion thereof, ſo far as
fuch money would extend, by paying to the respective bearer or bear-
ers of the fame bill or bills then ftanding out, the principal and inte-
reft which should be due thereupon, and placing fuch coined money, or
any part thereof, in lieu of any the faid exchequer-bills which should
be made forth by virtue of that act, and should then be in the office
or offices of any teller or tellers of the exchequer, to answer fuch pay-
ments whereunto the fame bills fo remaining in fuch office or offices
Should then be legally fubject or liable, and that fuch payments
fhould be answered under fuch penalties, forfeitures and difabilities as
were prefcribed by any former law or ftatute concerning the money
for which fuch bills did lie in the exchequer, to prevent the diverting
or misapplying the fame; and from and after fuch payments to the
bearer or bearers, or fuch placing of money in lieu of bills in the faid
office or offices of the faid teller or tellers, to answer fuch payments
as aforefaid, (and not fooner) the feveral and respective bills them-
felves, which should be ſo paid off, or for which coined money should
be fo placed, fhould be cancelled, and the faid company ſhould repay to
the respective tellers, fo much intereft as remained due on the fame bills
respectively, at the time or times when they were last paid into the
exchequer, before the cancelling thereof, as by the faid act in part
before recited, relation being thereunto had, may more fully appear:
and whereas in and by another act of parliament made and paſſed in
6 Geo. 1. c.10. the faid fixth year of your Majesty's reign, intituled, An act for
making forth new exchequer-bills, not exceeding one million,
at a certain intereft; and for lending the ſame to the South-Sea
company at an higher intereft, upon fecurity of repaying the
fame, and fuch high intereſt, into the exchequer, for ufes to
which the fund for leffening the publick debts (called the fink-
ing fund) is applicable; and for circulating and exchanging up-
on demand the faid bills at or near the exchequer, the commif-
fioners of your Majesty's treaſury, or any three or more of them, or
the high treafurer for the time being, were authorized, at any time
or times within one year, reckoning from the tenth day of May one
thoufand feven hundred and twenty, and from thence to the end of
the then next feffion of parliament, to prepare and make, or caufe to
be prepared or made, at the faid receipt of the exchequer, in fuch
method and form as they shall think most convenient, any number of
new exchequer-bills, ſo as the principal fums to be contained therein,
fhould not in the whole exceed one million of pounds (over and above
the exchequer-bills which were to be current, pursuant to the act firſt
before recited) and that the jaid new bills fo to be prepared and made,
Should bear an intereft not exceeding the rate of two pence per cen-
tum per diem, and to be payable to the bearers thereof respectively;
nevertheless fuch intereft is thereby enacted to be abated and faved up-
on fuch of the faid bills, as fhould at any time or times be in the re-
ceipt of the exchequer, or in the hands or power of any receiver or
collector of any taxes, aids or revenues whatsoever, payable to your
Majefty, your heirs or fucceffors, during fuch time or times refpec-
tively, as fuch bills fhould be or remain in the Jaid receipt, or in fuch
hands or power as aforefaid; and the commiffioners of the treasury,
or any three or more of them, or the high treaſurer for the time be-
6 Geo, I, C. 4.
ing,
1721.]
425
Anno octavo GEORGII I. c. 20.
ing, were thereby impowered to issue, or cause to be issued, by way
of loan or advance, all fuch bills as should be prepared by virtue of
that act, not exceeding as aforefaid, to the faid South-Sea company,
or to ſome perſon or perſons in trust for them, the fame company
giving fecurity upon their then preſent and to be increased annuity or
yearly fund, and upon their weekly or other payments to be made at the
exchequer, for or upon account of their faid annuity or yearly fund,
for repayment of the principal fums fo lent, with an intereft not ex-
ceeding the rate of five pounds per centum per annum, at fuch day
or days, time or times, as ſhould be agreed upon by and between the
faid commiffioners of the treasury, or any three or more of them, or
the high treasurer for the time being, on behalf of the publick, and
the faid company, or their court of directors on their behalf, fo as no
fuch day or time fhould be more remote than the first day of March
one thousand feven hundred and twenty one, or the end of the then
next feffion of parliament; and the faid commiffioners of the treasury,
and the high treaſurer for the time being, were thereby directed and
required to take especial care, that upon repayment of the principal
money fo to be lent, the fame, with the intereft or increase accruing
thereupon, fhould be received and applied, in the first place, to the
paying off and diſcharging the faid new exchequer-bills to be made
forth in purfuance of that act; and that the furplus thereof (after pay-
ing off and difcharging the fame new exchequer-bills) should be placed
at the faid receipt of the exchequer, to and for the fame uses, intents
and purposes, to which the monies of the furpluffes, exceffes and over-
plus monies, commonly called the finking fund, were applicable; and
in default of paying the faid monies fo to be lent, with the faid inte-
reft or increase thereof, at the day or days, time or times, to be li-
mited purſuant to that act, then the faid commiffioners of the treasury,
or any three or more of them, or the faid high treasurer for the
time being, were thereby authorized and required to caufe the money
fo lent, to be stopt out of the monies, which weekly or otherwife
Shall be payable to the faid South-Sea company at the exchequer,
for or upon their then prefent or to be increased annuity or year-
ly fund, together with so much more as the intereft of the money
Jo unpaid fhould amount unto at the faid rate, not exceeding five
pounds per centum per annum, and to cause the principal and
interest So stopt, to be applied and placed in the exchequer as a-
forefaid; and to the end the faid bills fhould be made forth by
virtue of the act laft mentioned, might the better obtain a currency for
fo long time as they were intended to be current, in pursuance of that
act; it was thereby enacted, That as well the fum of three hundred
twenty eight thouſand fix hundred ſeventy three pounds four billings
and ten pence half-penny, then remaining in the exchequer, which was
advanced by the faid company, purſuant to an act of the fifth year of
your Majesty's reign, and the monies which (from and after the ap-
plication of the fum of five hundred and twenty thousand pounds, for
difcharging and cancelling exchequer-bills made forth by former acts
in that behalf, or referving fufficient thereof in the exchequer for that
purpoſe) ſhould arife of or for the faid furpluffes, exceffes and overpluf-
fes, commonly called the finking fund, ſhould be a fund or fecurity for
fur-
5 Geo. I. c. 3•
.
3
E
426
[1721.
Anno octavo GEORGII I. c. 20.'
£. 10.
furnishing fuch proportions of ready money, from time to time, as are
therein mentioned, for and towards exchanging and circulating the ex-
6 Geo. 1. c. 4. chequer-bills to be made forth by virtue of that and the faid other act
of that feffion of parliament, or either of them, as often as the fame
bills or any of them should be demanded, during their joint currency;
and it was thereby further enacted, That the commiffioners of the trea-
fury, or any three or more of them, or the high treasurer for the time
being, fhould (fo long as the faid exchequer-bills to be made forth by
virtue of that act, should have a joint currency with the faid bills, to
be made forth by virtue of the faid first recited act, or be current to-
gether or at the fame time) furniſh, ſupply and pay, to the ſaid tru-
ftecs for the time being, out of the monies, from time to time, being
in the receipt of the exchequer, of the fund or fecurity before in that
act fettled for that purpose, in the lawful coins of this realm, on be-
half of the publick, a proportional part of fuch ready money, as ſhall
be necessary to enable the faid trustees to exchange all or any of the
bills which ſhould be fo current (whether they be bills made forth by
virtue of that or the faid other act of the fame feffion of parliament)
as often as any fuch bill fhould be demanded, or within twenty four
hours after, by paying all the principal monies contained in every fuck
bill, and the intereft, which shall, upon every fuch demand, be due
thereupon, and fo toties quoties, as often as the fame fhall be demand-
ed; which proportional part ſo, from time to time, to be furniſhed on
behalf of the publick, ſhall be ſo much as, together with the propor-
tional part, which, from time to time, fhould or ought to be furniſhed
by the faid company as aforefaid, fhould be fufficient to enable the tru-
Stees to Support the currency of the faid bills from time to time; and
in the act laft mentioned there is inferted a provifo, That if at any
time or times hereafter proviſion ſhould be made by authority of par-
liament, of fo much money in the lawful coin of this kingdom, as fhould
be fufficient to pay off and discharge all the principal and intereft,
which should be due upon the faid exchequer-bills to be made forth by
virtue of that act, or any proportion thereof at a time; and if by like
authority the fame monies should be actually brought and paid into the
receipt of the exchequer for that purpoſe, then the ſame ſhould be ap-
plied for or towards paying off the fame bills, or fuch proportion there-
of, fo far as fuch money would extend, by paying to the respective
bearer or bearers of the fame bills then standing out, the principal and
intereft which should be due thereupon, and by placing fuch coined mo-
ney, or any part thereof, in lieu of any of the fame exchequer-bills,
which should then be in the office or offices of any teller or tellers of the
exchequer, to answer fuch payments whereunto the fame bills jo re-
maining in fuch office or offices, Should then be legally fubject and
liable; which payments should be answered with the faid money in fpe-
cie, under fuch penalties, forfeitures and difabilities, as are prefcrib-
ed by any former laws or flatutes concerning the money for which fuch
bills did lie in the exchequer, to prevent the diverting or misapplying
the fame; and from and after fuch payments to the bearer or bearers,
or fuch placing of money in lieu of bills in the faid office or offices of the
faid teller or tellers, to answer fuch payments as aforefaid, and not
•fooner, the feveral and refpective bills themselves, which shall be fa
paid
3
L
1721.]
427
Anno octavo GEORGII I. c. 20.
paid off, or for which coined money shall be fo placed, should be can-
celled; and it is thereby alſo provided and enacted, That if before the
first day of March one thouſand ſeven hundred and twenty one, or be-
fore the end of the feffion of parliament then next enfuing, coined mo-
nies fhall not be raiſed and brought into the receipt of the exchequer,
fufficient to pay off and diſcharge all the exchequer-bills which should be
made forth by virtue of that act, that then and in fuch cafe, immedi-
ately upon the end of fuch feffion of parliament next after the faid first
day of March one thousand feven hundred and twenty one, all or any
of the monies then remaining in the receipt of the exchequer, of the
Jaid fum of three hundred twenty eight thouſand fix hundred feventy
three pounds four fhillings and ten pence half-penny (if the fame, or
any part thereof, fhall then remain there not iffued to the purposes in
the last mentioned act directed) and all the monies which, from and
after the end of the faid feffion of parliament next after the faid first
day of March one thousand feven hundred and twenty one, bould
quarterly arife into the exchequer of or for all the faid furpluses, ex-
ceffes and overpluffes, denominated the finking fund, as aforesaid, or
of or for fuch increase thereof, as fhall be made by repaying the money
which should be lent to the ſaid company as aforefaid, with intereft,
and all or any the monies (if any fhould be then remaining in the re-
ceipt of the exchequer) of the loans which might have been made there
by virtue of that act, for answering the faid proportions for circu-
lating and exchanging the faid bills, or fo much of the monies afore-
mentioned, as ſhould be fufficient to discharge or compleat the diſcharg-
ing of all the exchequer-bills, which shall have been made forth by vir-
tue of that act, shall be applied for and towards diſcharging and cancel-
ling the fame, until they ſhould all be paid off, difcharged and cancel-
led, or fo much of the faid monies fhould be referved in the exchequer,
as fhould be fufficient for that purpoſe, as by the act last in part recit-
ed, relation being thereunto had, alfo may more fully appear: and
whereas, purſuant to the act laft mentioned, the faid exchequer-bills,
amounting to one million, were on the feventh day of June one thou-
Sand Seven hundred and twenty, iſſued by way of loan or advance to
the faid South-Sea company upon a fecurity under their common feal,
by an inftrument or writing bearing date the fourth day of June one
thousand feven hundred and twenty, for repayment of the fame in good
and lawful money of Great Britain, into the exchequer, at the end of
one year, which was to be reckoned from the time of iſſuing the ſaid
bills, with intereft after the rate of four pounds per centum per an-
num: and whereas among many matters and things contained in an-
other act of parliament made and paſſed in the feventh year of your Ma-
jelly's reign, intituled, An act to enable the South-Sea company to 7Geo.1,ftat.1.
ingraft part of their capital ſtock and fund into the ftock and C.5.
fund of the bank of England, and another part thereof into the
ftock and fund of the Eaft-India company; and for giving further
time for payments to be made by the faid South-Sea company for
the uſe of the publick, it was provided, enacted and declared, That
the faid South-Sea company, at their own cofts and charges, on or
before the feventh day of June which should be in the year of our Lord
one thouſand ſeven hundred and twenty two, ſhould well and truly re-
pay,
428
[1721.
Anno octavo GEORGII I. c. 20.
pay, or cauſe to be repaid, into the faid receipt of the exchequer, the
Said fum of one million, together with the intereft then due for the
fame, and that upon fuch repayment the monies fo repaid, with the
interest or increaſe accruing thereupon, should be applied in the firft
place, to the paying off and discharging the faid exchequer-bills, a-
mounting to one million, with fuch intereft as should be due thereupon;
and in default of repaying the faid fum of one million, with intereft
and increaſe thereof, according to the last mentioned act, then the an-
nuity and annuities, which should be then payable at the receipt of ex-
chequer to the South-Sea company, ſhould and might be topt by the
commiffioners of the treasury, or any three or more of them, or by the
high treaſurer for the time being, or by the officers of the exchequer for
the time being, and the ſaid exchequer-bills, amounting to one million,
Should and might be called in and cancelled, by and with the monies fo
topt in the manner preſcribed by the faid former act in that behalf;
and in the act last in part recited there is contained a provifo, That if
at any time or times thereafter, proviſion ſhall be made by authority of
parliament, of the lawful coins of this realm placed in the exchequer,
for paying off and difcharging the faid exchequer-bills for the faid fum
of one million, the bills themselves that should be fo paid off, or for
which fuch coined money should be referved in the exchequer as is pre-
fcribed in that act, fhould be difcharged therewith, and cancelled, as is
thereby directed; and if before the ſaid first day of March one thou-
Jand feven hundred and twenty one, or before the end of the feffion of
parliament then next enfuing, coined money shall not be raised and
brought into the exchequer for discharging the bills last mentioned, then
all or any of the monies which should then remain in the exchequer, of
the faid fum of three hundred twenty eight thousand fix hundred fe-
venty three pounds four shillings aud ten pence half-penny (if any
fuch be) and all the monies which from and after fuch feffion of par-
liament fhould quarterly arife of or for the faid furpluſſes and over-
plus monies, called the finking fund or otherwife, as is mentioned in
the act laft in part recited, should be applied for or towards diſcharg-
ing the faid exchequer-bills, amounting to one million, till they shall be
all compleatly paid off and cancelled in the manner and form in the fame
act preſcribed and intended, as by the fame act, relation being there-
unto likewife had, may more fully appear: now we your Majeſty's
moſt dutiful and loyal fubjects, the commons of Great Britain iņ
parliament affembled, being defirous that the faid exchequer-
bills, amounting to one million, which were created to be lent
to the faid company, and were lent accordingly, may foon be
paid off and cancelled, and being willing to give eafe to the faid
company, in reſpect to their prefent obligation for circulating or
contributing towards the circulation of exchequer-bills, and fur
ther time for repayment of the principal fum of one million,
which was lent to the faid company as aforefaid, they paying
fuch intereft for the fame as is herein after mentioned; and that
a number of new exchequer-bills, not exceeding one million,
may be made forth and iffued towards the ſupply granted to your
Majefty in this feflion of parliament, and that the million to bę
repaid by the ſaid company on or before the time herein after li
mited
1721.]
429
Anno octavo GEORGII I. C. 20.
:
fum fufficient
the fame.
mited for the repayment thereof, may be applied to cancel and
diſcharge the ſaid new exchequer-bills to be made forth by vir-
tue of this act, and that all the exchequer-bills made forth or to
be made forth, which are to continue, may be circulated at eaſy
and moderate rates, do therefore moſt humbly pray your Ma-
jefty, that it may be enacted; and be it enacted by the King's
moſt excellent majefty, by and with the advice and confent of Money re-
the lords ſpiritual and temporal and commons, in this prefent maining in the
exchequer on
parliament affembled, and by authority of the fame, That fo
25 March
much money as at the feaft of the annunciation of the bleffed 1722, &c. not
Virgin Mary one thouſand ſeven hundred and twenty two, thall exceeding the
be or remain in the receipt of the exchequer, as well of or for
to pay exche-
the ſaid ſum of three hundred twenty eight thouſand ſix hundred
quer-bills
ſeventy three pounds four fhillings and ten pence half-penny as lent, &c. ap-
of or for the ſaid furpluffes, exceffes and overplus monies com- plied towards
diſcharging
monly called the finking fund, or fo much thereof as will not ex-
ceed the fum fufficient to pay off and diſcharge the faid exchequer-
bills, amounting to one million, which were created to be lent,
and were lent to the South-Sea company as aforefaid, fhall be ap-
plied for or towards difcharging and cancelling the fame; and
if at the faid feait of the annunciation of the bleffed Virgin Mary
one thouſand ſeven hundred and twenty two, the money by this If not ſuffi-
act ſo appointed to diſcharge the faid exchequer-bills which were cient, then ſo
created to be lent as aforefaid, fhall not be ſufficient for that much as ſhall
afterwards a-
poſe, then fo much of the money afterwards to ariſe into the ex- rife to be ap-
chequer, of or for the faid furpluffes, exceffes and overpluffes, plied to can-
called the finking fund, as together with the faid monies which celling them.
fhall have been applied, purſuant to this act, towards diſcharg-
ing the fame bills fhall be fufficient to diſcharge and cancel the
fame, fhall and may be applied to compleat and finish the pay-
ing off, difcharging and cancelling the fame exchequer-bills;
any former or other law or ſtatute to the contrary notwith-
ftanding.
pur-
in the office of
II. And it is hereby enacted, That fo much of the faid mo- Money appli-
ney, which according to this act ought to be applied to dif- cable to dif-
charge ſuch of the ſaid bills ſo to be paid off, as ſhall be in the charge bills
office or offices of any teller or tellers of the exchequer as caíh, to be paid off,
ſhall, by order of the commiffioners of the treaſury, or any three teller, &c. to
or more of them, or of the high treaſurer for the time being, be be placed up-
placed in the exchequer inftead of fuch bills, upon the refpec- on his ac-
tive account or accounts of fuch teller or tellers; and that the count.
faid commiffioners of his Majefty's treaſury, or any three or
more of them, or the high treaſurer for the time being, as foon
as conveniently may be, fhall, by publick notice in writing to
be affixed upon the Royal Exchange in London, and publiſhed in
the London Gazette, prefix a certain day, by or before which all
fuch of the ſaid bills, which were lent to the ſaid company as a-
forefaid, (not being in the exchequer) fhall be brought in and
delivered to fuch perfon or perfons as the faid commiffioners of
the treaſury, or any three of them, or the high treaſurer for the
time being, ſhall appoint to receive the fame at or near the ſaid
ex-
1
430
[17217
Anno octavo GEORGII I. c. 20,
Upon proof,
&c. that fuch
bills were loft
or deftroyed,
exchequer, to be paid off, diſcharged and cancelled accordingly;
and that all ſuch of the faid bills for the ſaid ſum of one million,
which was lent as aforefaid, as ſhall not be brought in upon ſuch
notice to be paid off, difcharged and cancelled as aforefaid, with-
in the time or times therein to be fignified, fhall loſe their cur-
rency, and no intereft fhall grow due thereupon, after the ſaid
feaſt of the annunciation of the bleffed Virgin Mary one thou-
fand ſeven hundred and twenty two.
III. Provided always, That in cafe proof fhall be made upon
oath of one or more credible witneffes, before the lord chief ba
ron, and other the barons of the coif of his Majefty's court of
exchequer, or any of them, That any of the bills for the faid
before 5 Feb. fum of one million, which was lent to the faid company as a-
to caufe the forefaid, were by cafualty or mifchance, loft, burnt or otherwiſe
1721, treaſury
money due, to deſtroyed, before the fifth day of February one thoufand feven
be paid, &c. hundred and twenty one, and if by the party's oath the num-
bers and fums of fuch bill or bills fhall be afcertained, and if
thereupon the ſaid chief baron, and other the ſaid barons, or
any of them, before whom fuch proof was made, fhall certify
that he or they are fatisfied in fuch proof, that then and in eve-
ry
ſuch caſe, the ſaid commiflioners of the treaſury, or any three
or more of them, or the high treaſurer for the time being, are
hereby authorized to cauſe the money due upon fuch bill or bills.
fo loft, burnt or deſtroyed, to be fatisfied as aforefaid, as if the
original bill or bills were brought in to be cancelled, provided
the perfon or perſons fo receiving the money, do give fecurity
to the King, to the good liking of the perſon or perfons who
fhall be appointed as aforefaid, to take in the faid bills, to pay
into the exchequer for the uſe of the publick, fo much money
as fhall be paid upon fuch certificate or certificates, if the bill or
bills fo certified to be loft, burnt or deſtroyed, be hereafter pro-
duced.
Perfons re-
ceiving the
money to give
fecurity, &c.
Intereft at 41.
per cent. of
one million
the exche-
quer;
IV. And it is hereby enacted, That the faid South-Sea com-
pany, at their own cofts and charges, fhall pay off, diſcharge
and fatisfy, or furniſh money into the exchequer, to pay off,
payable into difcharge and fatisfy all the intereft monies, after the rate of four
pounds per centum per annum, which at the ſaid feaſt of the an-
nunciation of the bleſſed Virgin Mary one thouſand ſeven hun-
dred and twenty two fhall be due for the principal ſum of one
million, which was lent to them as aforefaid, and fhall alfo at
and a propor-
their own coſts and charges pay into the receipt of the exche-
tional part for quer fo much money as, by or in purfuance of the faid acts of
the fixth and ſeventh years of his Majefty's reign, they are or
ſhall be obliged to pay or bear for their proportional part of in-
tereft, or for any other payments or charges of or for circulat-
ing and exchanging exchequer-bills, during the joint currency
thereof, which proportional part to be born by the faid South-Sea
company, fhall be deemed and taken to be ten nineteenth parts
of the whole, and the fame proportional part fhall be adjuſted
and paid as aforefaid, at the faid feaft of the annunciation of the
bleffed Virgin Mary one thouſand ſeven hundred and twenty two,
circulating
exchequer
bills, &c.
for
1721.]
431
Anno octavo GEORGII I. c. 20.
for fo much as fhall be due thereupon, and afterwards, from
time to time, during the ſaid joint currency; any former law or
ftatute to the contrary notwithſtanding.
V. And be it further enacted by the authority aforefaid, That After paying
after the paying off all the faid exchequer-bills which were cre- off and can-
ated to be lent to the faid company as aforefaid, and diſcharg- celling exche-
ing and cancelling the fame out of the furplus and other monies quer-bills, &c.
the company
before mentioned, or reſerving ſufficient thereof to clear ſo much diſcharged
as fhall remain unfatisfied at the time prefixed by fuch notice as from circulat-
aforefaid, and after the million of exchequer-bills, intended to fuch bills.
be created by this act, fhall be created, and a contract or con-
tracts fhall be made for circulating and exchanging the fame mil-
lion of exchequer-bills, and the remaining exchequer-bills that
fhall be then current, then from and after fuch time or times
the faid South-Sea company, and their fucceffors, fhall or may,
by any inftrument or inftruments in writing, to be figned by
the commiffioners of the treaſury, or any three or more of them,
or by the high treaſurer for the time being, and regiſtred in the
office of the auditor of the receipt of the exchequer for the time
being, be for ever acquitted and diſcharged of, from and againſt
the obligation of circulating or exchanging, or contributing to-
wards the circulating or exchanging of any exchequer-bills, pur-
ſuant to the ſaid acts of the fixth and ſeventh years of his Ma-
jeſty's reign, or any of them; the fame acts, or either of them,
or any thing therein contained to the contrary notwithſtanding.
one million,
VI. And as to the principal ſum of one million, which was borrow- Further time
ed by the faid South-Sea company as aforesaid, and for repayment where- allowed for
of they were allowed time fo as the fame should be difcharged on or be- repayment of
fore the feventh day of June one thousand feven hundred and twenty &
two as aforefaid; it is hereby provided, declared and enacted by
the authority aforefaid, That in cafe that fum be not repaid into
the exchequer, on or before the feventh day of June one thou-
fand feven hundred and twenty two, the faid company ſhall be
allowed further time for répaying into the exchequer the fum of
one million, on or before the ſeventh day of June which ſhall be in
year of our Lord one thouſand ſeven hundred and twenty three,
they paying an intereſt for the fame, after the rate of five pounds
paying inte.
per centum per annum, by equal quarterly payments, from the tereft at 51.
faid feaft of the annunciation of the bleffed Virgin Mary one per cent. af-
thouſand ſeven hundred and twenty two, until their paying off March
the principal.
the
ter 25
1722.
VII. And it is hereby provided, enacted and declared by the The million
authority aforefaid, That in caſe the faid fum amounting to one not repaid on
million, ſhall not be actually repaid as aforefaid, into the ex- 7 June 1722.
thall be repaid
chequer, on or before the ſaid ſeventh day of June one thouſand
on 7 June 1723,
ſeven hundred and twenty two, according to the faid former act,
then the faid South-Sea company, and their fucceffors, at their
own cofts and charges, on or before the faid feventh day of June
one thouſand ſeven hundred and twenty three, fhall well and
truly repay, or cauſe to be repaid, into the exchequer the faid
2
fun
432
[1721.
Anno octavo GEORGII I. C. 20.
fum of one million, for the purpoſes in this act expreffed con-
cerning the faid principal fum of one million.
Intereft, &c.
VIII. And be it further enacted by the authority aforesaid,
to be paid
That the faid South-Sea company, or their fucceffors, fhall well
quarterly till and truly pay, or cauſe to be paid into the receipt of exchequer,
repayment of fo much as the intereſt of the ſaid million lent to them ſhall a-
principal,
mount unto, from the faid feaſt of the annunciation of the bleff-
ed Virgin Mary one thouſand ſeven hundred and twenty two,
after the rate of five pounds per centum per annum, until the ac-
tual repayment of the principal, the faid intereft after the rate of
five pounds per centum per annum, to be paid quarterly at the
four moſt ufual feafts in the year, by equal portions, for fuch
uſes and purpoſes as are herein after appointed touching or con-
cerning the fame intereft; and in default of fuch repayment of
the principal fum of one million, or in the payment of fuch in-
tereft for the ſame as aforefaid, according to this act, then the
annuity or annuities belonging to the South-Sea company, and
payable at the receipt of the exchequer, ſhall and may be ſtop-
chequer, to be ped by the commiffioners of the treaſury, or any three or more
ftopt.
of them, or by the high treaſurer for the time being, or by the
officers of the exchequer for the time being, and the money for
ſtopped ſhall and may be applied in fuch manner, as hereafter
in and by this act is directed in that behalf.
In default of
repayment of
principal and
intereſt, an-
nuities pay-
able at ex-
In one year
for one mil-
lion, &c. may
IX. And to the end a certain fum of money, not exceeding
after 25 March one million of pounds fterling, may effectually be raiſed towards
1722. new ex- anſwering the fupply granted to his Majefty in this feffion of par-
chequer-bills liament; be it further enacted by the authority aforeſaid, That
it ſhall and may be lawful to and for the commiffioners of the
be made out. treaſury, or any three or more of them, or the high treaſurer
for the time being, and they reſpectively are hereby authorized
and impowered, at any time or times within one year, to be
reckoned from the faid feaft of the annunciation of the bleffed
Virgin Mary one thouſand ſeven hundred and twenty two, by
fuch proportions at a time, as they refpectively fhall find to be
moft for the advantage of the publick, to prepare and make, or
cauſe to be prepared and made, at the ſaid receipt of the exche-
quer, in fuch method and form as they ſhall think moſt conve-
nient, any number of new exchequer-bills, fo as all the princi-
pal fums to be contained in the bills fo to be made by virtue of
this act, do not in the whole exceed one million of pounds (over
and above the exchequer-bills made forth by former acts, which
Intereft at 2 d. ſhall remain undifcharged;) and that the faid new bills fo to be
prepared and made in purſuance of this act, fhall bear an inte-
reſt not exceeding the rate of two pence per centum per diem, and
proportionably for any greater or leffer fum to be contained there-
in, and to be payable to the bearers thereof refpectively; never-
theleſs the ſaid intereft fhall be abated and faved upon fuch of the
faid bills to be made forth by this act, as ſhall at any time or
ſhall be abated. times be in the receipt of the exchequer, or in the hands or
power of any reccivers or collectors of any taxes, acts or reve-
per centum
per diem.
Upon what
bills intereſt
nues
1721.]
433
Anno octavo GEORGII I. C.20.
nues whatſoever payable to his Majefty, his heirs or fucceffors,
during fuch time and times reſpectively, as ſuch bills ſhall be or
remain in the faid receipt, or in fuch hands or power as afore-
faid; and the faid commiffioners of the treafury, or any three Treaſury to
or more of them, and the ſaid high treaſurer for the time being, caufe new
are hereby reſpectively authorized and impowered to caufe fuch bills, &c. to
new bills as ſhall be prepared by virtue of this act, to be placed cash in the
be placed as
as ſo much caſh in the reſpective offices of the tellers at the ſaid office of the
receipt of exchequer, each and every of which tellers fhall be fe- teller, &c.
verally charged with the proportions of the faid bills which ſhall
be fo placed in his office refpectively.
bills, &c.
X. And to the end the ſaid bills, which fhall be made forth Sinking fund
by virtue of this act, and the bills made forth by the faid former to be a fecu-
rity for fur-
acts, which ſhall from time to time remain undiſcharged, may nithing mo-
the better obtain a currency for ſuch reſpective time or times, as nies for ex-
they are intended to be current according to this act; be it fur- changing and
ther enacted by the authority aforefaid, That the monies, which circulating
ſhall from time to time arife of or for the faid furpluffes, exceffes
and overpluffes, commonly called the finking fund, ſhall be and
are hereby declared and enacted to be a fundor fecurity (over
and above the intereft monies, after the rate of five pounds
per centum per annum, to be anſwered by the South-Sea company,
as is herein after mentioned) for furniſhing ſuch monies as fhall
be neceffary to be furniſhed at fuch certain rates, as are herein
after expreffed, or otherwife, for or towards exchanging and cir-
culating the fame, or any of them, according to the purport and
true meaning of this act; any former law or ftatute to the con-
trary notwithſtanding.
XI. And be it further enacted by the authority aforefaid, That Bills made
as well all and every the faid exchequer-bills to be made forth forth, and re-
by virtue of this act, until the difcharging and cancelling the maining un-
fame, purſuant to the provifo herein after contained in that be- be taken by
discharged, to
half, as alfo all and every of the exchequer-bills made forth by receivers, &c.
virtue of any former act or acts of parliament, and remaining as current, till
from time to time undiſcharged, until the difcharging or cancel- difcharged.
ling the fame, fhall and may jointly or feverally be received and
taken by, and fhall pafs and be current to all and every the re-
ceivers and collectors in Great Britain, of the customs, excife,
or any revenue, fupply, aid or tax whatſoever already granted,
due or payable, or which fhall or may be hereafter granted, due
or payable to his Majefty, his heirs or fucceffors, and alfo at
the receipt of the exchequer, from the faid receivers or collec-
tors, or from any other perfon or perfons, bodies politick or
corporate whatſoever, making any payments or loans there to his
Majefty, his heirs or fucceffors, for or upon any account, caufe
or occaſion whatſoever, according to the purport and true mean-
ing of this act; and that ſuch of the fame bills, as fhall be re-
•eived at the exchequer, fhall and may be locked up and fecur- And fecured
ed as caſh, according to the courfe of the exchequer, fettled and as cash in the
eſtabliſhed by law, for locking up and fecuring money in ſpecie exchequer.
received there; and that all and every the receivers and collec- Receivers to
VOL. XIV.
tors pay monies (if
Ff
434
Anno octavo GEORGII I. c. 20.
fuch bills.
[1721.
required) for tors in Great Britain, of the cuſtoms, excife, or any revenue,
aid, tax or ſupply whatſoever already granted, due or payable,
or which fhall or may hereafter be granted, due or payable to
his Majefty, his heirs or fucceffors, fhall, and they are hereby
directed and required, out of any current coined money as fhall
then be in his or their hands, of ſuch revenue, aid, tax or fup-
ply, to pay fuch of the fame bills as fhall be brought to them
refpectively, by any perfon or perfons defiring to have money for
the fame; and in cafe any fuch receiver or collector ſhall refuſe
or neglect to exchange fuch bill or bills for ready money, by the
ſpace of twenty four hours, then the perfon or perfons demand-
ing the fame, fhall or may bring an action of debt, or on the
cafe, for the principal and intereft-monies due upon fuch bill or
bills, against fuch receiver or collector, having money in his
hands as aforefaid, in which action the plaintiff fhall or may de-
clare that fuch receiver or collector is indebted to fuch plaintiff
in the money demanded upon every fuch bill, according to the
form of the ftatute, and hath not paid the fame, which fhall be
fufficient; and the plaintiff in every ſuch action ſhall recover a-
gainft the receiver or collector, not only the monies fo refufed
or neglected to be paid, but alſo his full costs of fuit, and fuch
receiver or collector fhall be fubject and liable thereunto, and in
ſuch action no effoin, protection, privilege or wager of law fhall
be allowed, or more than one imparlance; and upon payment
of the monies fo to be recovered, the plaintiff, his executors or
affigns, ſhall deliver up ſuch bills to the defendant, his execu-
tors or affigns.
On refufal
plaintiff may
recover, with
full costs of
fuit.
Upon pay-
pot Peloan
of bills into
the exche-
quer, tallies to
XII. And be it further enacted, That as any of the faid bills
fhall, at any time or times hereafter, within the reſpective times
during which they ſhall be jointly or ſeverally current, purfu-
ant to this or any former act, be paid or lent into the exche-
quer by any of his Majefty's receivers, or other perfon or per-
be delivered, fons, bodies politick or corporate, making any payments or loans
at that receipt, the officers there fhall caufe tallies to be levied
and delivered to the payers or lenders, as amply and effectual-
ly to all intents and purpofes, as if they had made fuch pay-
ments or loans in fpecie.
&c.
XIII. And be it enacted by the authority aforefaid, That the
Intereft to be
allowed, till
intereſt which fhall from time to time be due upon any of the
payment, &c. bills fo to be current, as aforefaid, fhall be allowed to all per-
fons, bodies politick or corporate, paying the fame to any re-
ceiver or collector receivers or collectors of any his Majeſty's re-
venues, aids, taxes or fupplies, or by way of exchange as afore-
faid, or paying or lending the fame into the exchequer as aforc-
faid, to the refpective days whereupon fuch bill or bills fhall be
fo paid, exchanged or lent; provided always, That no intereſt
fhall run or be paid upon or for any fuch bill or bills, during the
time that any fuch bill or bills fo paid, exchanged or lent, ſhall
remain in the hands of any the ſaid receivers or collectors, or
in the hands of any teller or tellers of the exchequer, but for
fuch time the intereft on every fuch bill fhall ceaſe.
When to
ceaſe.
XIV. And
1721.]
435
Anno octavo GEORGII I. c.20.
to fubfcribe
their names
XIV. And to the end it may be known for what time fuch bills Lenders, &c.
bearing intereft, fhall from time to time remain in the hands of fuch
receivers or collectors, or in the exchequer aforefaid; be it further and write on
enacted by the authority aforefaid, That the perfon or perfons the bills the
who ſhall pay any fuch bill or bills bearing intereft, to any re- time of loan
ceiver or collector of any of his Majefty's revenues, aids, taxes or payment.
or ſupplies, by way of exchange, or otherwiſe, or ſhall pay or
lend fuch bill or bills fo bearing intereft, into the exchequer as
aforefaid, ſhall at the time of making fuch payment, exchange
or loan, on each bill bearing intereft, and fo paid, exchanged
or lent, put his or their name or names, and write thereupon
in words at length, the day of the month and year, in which
he, fhe or they fo paid, lent or exchanged fuch bill or bills bear-
ing intereſt, all which the faid receivers and collectors refpective-
ly, and alſo the reſpective tellers in the exchequer, thall take
care to fee done and performed accordingly, to which reſpective
days the ſaid receivers and collectors fhall be allowed again the
Receivers, &c.
intereſt which he, fhe or they ſhall have allowed or paid upon to be allowed
fuch reſpective bill or bills, upon his or their paying the fame intereſt by
into the receipt of exchequer as aforefaid.
them paid, &c
XV. Provided alſo, and be it further enacted by the authori-
Bills may be
ty aforesaid, That the faid bills, or any of them, may be re- re-iffued, &c.
iífued and paid again out of his Majeſty's exchequer, and when
the fame fhall be re-iffued or paid again out of his Majefty's ex-
chequer, the reſpective teller there, from whofe office fuch bill Tellers to in-
or hills bearing intereſt ſhall be ſo re-iffued, or again paid out, &c. when re-
dorfe the days,
ſhall indorfe on the fame bill and bills fo re-iffued, in words at iffued, and on
length, the day of the month and year, in which the fame were what account
fo re-iffued or repaid out of the exchequer, and alfo on what ac- received.
count the fame were laſt received into the receipt of the exche-
quer, and fign the fame, from which time the intereft of ſuch
bill or bills fo re-iffued or paid again, fhall revive, and fuch bill
or bills fhall again run and paſs at intereft, as the fame did be-
fore they were paid unto, or received by the ſaid receivers or col-
lectors, or before the fame were paid or lent into the exchequer
as aforefaid.
Intereft when
to revive.
XVI. And it is hereby enacted, That the fame bills to be re- Bills re-iffued
iffued from time to time, or at any time, at the exchequer as a- at exchequer,
foreſaid, ſhall be ſo re-iffued for the principal money to be con- fhall be fo re-
tained therein, and for fo much intereft as was due thereon,
and allowed by the teller at the reſpective time and times when intereit due,
principal and
fuch bill and bills were laft paid into the exchequer.
iffued for
&c.
monies receiv-
XVII. And be it enacted, That every receiver general of any Receivers to
the revenues, aids, taxes or fupplies, belonging or to belong to keep a fair
his Majesty, his heirs or fucceffors, fhall keep a fair book or book of ac-
books of accounts in writing of all the monies by him received, counts, of
in which he or his deputy or deputies fhall truly enter all the
fums which ſhall have been received by him or them for every
fuch revenue, aid, tax or fupply, together with the names of
the feveral collectors from whom the fame, or any part thereof
was received, the days when, and the fums paid, how much
thereof,
Ff 2
ed, &c,
436
[1721.
Anno octavo GEORGII I. c.20.
Perſons con-
cerned, to
have free ac-
cefs to fuch
thereof in money, and how much thereof in fuch exchequer-
bills, and what exchequer-bills fhall have been exchanged by
every fuch receiver general, purſuant to this act, to which ac-
counts every perſon concerned fhall have free acceſs at all fea-
fonable times, without fee or charge; and the faid accounts.
ſhall conſtantly lie open at one certain place, within the limits
accounts with- of his receipt for that purpoſe; and if fuch receiver fhall neg-
lect to keep fuch book or books, or to enter therein any fum or
fums of money by him received and paid as aforefaid, by the
fpace of three days after the receipt or payment of the ſame, or
fhall refuſe any perfon or perfons concerned to infpect fuch book
or books without fee or reward as aforefaid, every fuch receiver,
for every ſuch offence, fhall forfeit the fum of one hundred
pounds, to any perfon or perfons who fhall fue for the fame, to
be recovered by action of debt, or upon the cafe, bill, fuit or
information, in any of his Majefty's courts of record at Weft-
minster, wherein no effoin, protection, privilege or wager of
law fhall be allowed, or more than one imparlance.
out fee, &c.
Penalty on re-
ceiver neglect-
ing or retu-
fing, &c.
New bills to
be made forth
in lieu of bills
filled up or
defaced, and
to have like
currency, &c
Treaſury may
cauſe exche-
quer-bills, for
any fum not
exceeding
5000l. each,
to be made
forth in lieu
of principal
for bills of less
XVIII. Provided always, and it is hereby enacted by the au-
thority aforefaid, That in cafe any of the exchequer-bills, which
fhall be current as aforefaid, ſhall be filled up by writing or en-
dorſements made thereon as aforefaid, or fhall by any accident
be defaced, it fhall and may be lawful for the commiffioners of
the treafury, or any three or more of them, or the high trea-
furer for the time being, and he or they are hereby authorized
and impowered, by their or his difcretion, from time to time,
to caufe new bills to be made forth at the receipt of exchequer,
in lieu of fuch bills which ſhall be ſo filled up or defaced, which
bills fo filled up or defaced, fhall be cancelled at the receipt of
exchequer, and kept there on a file or files for that purpoſe; and
fuch bills ſo to be made forth in lieu thereof, fhall have a like
currency, and fhall in all reſpects be fubject to the fame rules,
methods and continuance, as the bills fo filled up were intended
to have been by this or any other act, and fhall bear the fame
numbers, dates, and principal fums, and carry the like intereſt,
as were born and carried by the bills fo cancelled reſpectively.
·
XIX. And it is hereby enacted, That for the greater eafe
and difpatch of publick buſineſs at the exchequer, it fhall and
may be lawful to and for the commiffioners of the treafury, or
any three or more of them, or the high treaſurer for the time
being, and he or they are hereby authorized and enabled in caſe
he or they fhall fo think fit, to caufe exchequer bills, for any
large fums not exceeding five thousand pounds each, to be made
forth at the receipt of exchequer, and to be placed as cafh
in the faid receipt, in lieu of the like value of the principal con-
tained in the faid exchequer-bills made forth for leffer fums,
which at the time of making ſuch large bills fhall happen to be
in the faid receipt, which fhall be at the fame time cancelled and
currency, &c. diſcharged, and be kept there on a file for that purpoſe; and
as if originally fuch new bills for fuch large fums fhall or may be iſſued at
illued.
the faid receipt, and have the fame currency, and be in all re-
value in the
exchequer,
&c.
Such new bills
to have like
fpects
1721.] Anno octavo GEORGII I. c.20.
437
ſpects fubject to the fame rules, methods, continuance, and car-
ry the like interest, and have the fame fecurity, benefits and ad-
vantages, and the fame pains of death, and other pains, penal-
ties and forfeitures, for any crime or offence relating thereunto,
ſhall be inflicted, incurred, and put in execution, as if they had
been originally iffued by virtue of this or any other act for the
faid leffer bills; any thing herein contained to the contrary not-
withſtanding.
*
XX. And it is hereby enacted by the authority aforefaid, Forging fuch
That if any perfon or perfons fhall forge or counterfeit any ex- bills, &c. fe-
lony.
chequer-bill, made forth by virtue of this or any other act of
parliament, before the fame fhall be paid off and cancelled, or
any exchequer-bill to be renewed, or made forth in purſuance
of this act, or any indorſement or writing thereupon or therein,
or tender in payment any fuch forged or counterfeit bill, or any
exchequer-bill, with fuch counterfeit endorſement or writing
thereon, or ſhall demand to have fuch counterfeit bill or any fuch
exchequer-bill, with fuch counterfeit endorſement or writing
thereupon or therein, exchanged for ready money by any perſon
or perſons, body or bodies politick or corporate, who fhall be oblig-
ed or required to exchange the fame, or by any other perfon or
perſons whatſoever, knowing the bili fo tendered in payment or de-
manded to be exchanged, or the endorſement or writing there-
upon or therein, to be forged or counterfeit, and with intent to
defraud his Majefty, his heirs or fucceffors, or the perſons to be
appointed to circulate or exchange the fame or any of them, or
any other perfon or perfons, body or bodies politick or corporate,
then every fuch perfon or perfons fo offending, being thereof
lawfully convicted, fhall be adjudged a felon, and thall fuffer as
in caſes of felony without benefit of clergy.
Undertakers
XXI. And it is hereby further enacted, That the undertakers for
circulating the ſaid bills or fuch of them as fhall be current, fhall, for circulating
from time to time, have the uſe and cuftody of one part of all bills to have
the cheques, indents or counterfoils, of all the exchequer-bills cuftody of
to be circulated or exchanged by them, from which the faid cheques, &c.
bills are or ſhall be cut, in order to prevent their being impof-
ed upon by counterfeit or forged bills, and that fuch parts of
the faid cheques, indents or counterfoils fhall be delivered back to be deliver-
into the exchequer by fuch undertakers, when the fame bills are ed into ex-
to be cancelled and difcharged.
chequer when
bills are to be
XXII. Provided always, and it is hereby enacted, That as cancelled.
often as any intereft upon the exchequer-bills, made forth or to Interest upon
be made forth by virtue of this or any former act or acts of par- bills remain-
liament, and remaining undiſcharged, fhall be demanded to be ing undif
paid by any undertakers for circulating or exchanging the fame, charged not
for the time being, they fhall not be obliged to pay for fuch in- paid to leffer
tereſt any leffer fum than one penny upon fuch bill, in cafe a fum than one
fingle bill be produced for payment; or for the total of the in-
tereft of fuch bills, where two or more fhall be offered at one
time by the fame perfon; any thing herein contained to the con-
trary notwithſtanding.
XXIII. And
Ff 3
penny, &c.
438
[1721.
Anno octavo GEORGII I. c. 20.
Principal of
one million
lent to South-
XXIII. And to the end all the exchequer-bills, not exceeding one
million, by this act authorized to be made forth, for or towards his
Sea company,
Majesty's fupply as aforefaid, may effectually be paid off, diſcharged
to be a fund and cancelled, on or before the faid feventh day of June one thouſand
for difcharg- feven hundred and twenty three; it is hereby further provided and
ing fums con-enacted by the authority aforefaid, That the faid principal fum
tained in bills, of one million owing by the faid South-Sea company for fo much
&c.
Intereft due
upon bills to
be fupplied
out of finking
fund.
After repay
ment by
South-Sca,
bills to be
cancelled.
Publick no-
tice in the
Gazette, &c.
to be given
when bills
lent to them as aforesaid, is and ſhall be a fund and fecurity for
paying off, diſcharging and cancelling the principal fums, not
exceeding one million, which fhall be contained in the bills to
be made forth by virtue of this act; and that fo much as fhall
then be due or unpaid for intereſt upon the ſaid bills to be made
forth by virtue of this act (if any fuch intereft ſhall be then due
or unpaid) fhall be fupplied and made good out of the monies
then arifen or to arife, of or for the faid fund, called the finking
fund; and that the commiffioners of the treaſury, or any three
or more of them, or the high treaſurer for the time being, as
foon as conveniently may be, after the repayment of the faid
fum of one million by the faid South-Sea company into the ex-
chequer, fhall, out of that money, and out of the monies of the
faid finking fund as aforefaid, cauſe all the bills which fhall have
been made forth by virtue of this act, for the ſaid fum not ex-
ceeding one million, and the intereft remaining due thereupon
(if any fuch intereft fhall be then due and unpaid) to be paid
off, difcharged and cancelled accordingly; and for that end
and purpoſe fhall, by publick notice in writing, to be affixed
upon the Royal Exchange in London, and publiſhed in the London
Gazette, prefix a certain day, by or before which all the ſaid
bills, not exceeding one million, which fhall have been made
forth by virtue of this act, and be then ſtanding out, fhall be
brought in and delivered to fuch perfon or perfons as the com-
miffioners of the treaſury, or any three or more of them, or the
high treaſurer for the time being, fhall appoint to receive the
fame at or near the exchequer, to be paid off, diſcharged and
cancelled accordingly; and if any of the faid bills which ſhall
have been made forth purſuant to this act, for the faid fums not
exceeding one million, ſhall then be in the office or offices of
any teller or tellers of the exchequer as caſh, the ſaid commif-
fioners of the treaſury, or the high treaſurer for the time being,
fhall cauſe ſo much of the money ſo repaid, to be placed in the
exchequer inſtead of ſuch bills, upon the account or accounts of
fuch teller or tellers refpectively; and that all fuch of the faid
brought in by bills, not exceeding one million, to be made forth by this act,
time prefixt,
as fhall not be brought in upon fuch notice as is last mentioned,
&c. to lofe
their curren-
to be paid off, diſcharged and cancelled as aforefaid, within the
cy, &c.
time or times therein to be prefixed, fhall loſe their currency,
and no intereſt ſhall grow due thereupon, after the time prefix-
ed by fuch notice.
ftanding out,
ſhall be deli-
vered to be
cancelled.
Bills not
XXIV. Provided always, That in cafe proof ſhall be made
upon oath of one or more credible witneffes, before the lord
chief baron, and other the barons of the coif of his Majefty's
court
1721.]
439
Anno octavo GEORGII I. C. 20.
་
&c. were loft
in the fame,
court of exchequer, or any of them, that any of the bills which
ſhall have been made forth for the faid fum, not exceeding one On affidavit,
million, by this act, were, by cafualty or mifchance, loft, burnt &c. that bills,
or otherwife deftroyed, before the time of fuch notice given for or deftroyed,
calling in the fame, and if by the party's oath the numbers and &c. before no-
fums of fuch bill or bills thall be afcertained, and if thereupon tice for calling
the faid chief baron and other the faid barons, or any of them, &c. treaſury
before whom fuch oaths were made, fhall certify, that he or to fatisly
they are ſatisfied in fuch proof, then, and in every fuch caſe, them out of
the commiffioners of the treaſury, or any three or more of them, the money re-
or the high treaſurer for the time being, are hereby authorized paid.
to cauſe the money due upon fuch bill or bills fo loft, burnt or
deſtroyed, to be fatisfied out of the money which fhall be repaid
as aforefaid, as if the original bill or bills were brought in to be
cancelled provided the perfon or perfons fo receiving the mo-
ney, do give ſecurity to the King, to the good liking of the per- Security to be
fon or perfons who fhall be appointed as aforefaid, to take in the given for
faid bills, to pay into the exchequer, for the ufe of the publick, money paid
on certificate,
fo much money as fhall be paid upon fuch certificate or certifi-
cates, if the bill or bills fo certified to be loft, burnt or deſtroy-
ed, be hereafter produced.
&c.
XXV. And to the end a fufficient proviſion may be made for cir-
culating and exchanging for ready money from time to time, the faid
exchequer-bills not exceeding one million, to be made forth by virtue of
this act, during the time they are to be current, and for circulating
and exchanging in like manner fo many of the faid exchequer-bills,
made forth by virtue of the faid two acts of the fixth and Seventh
years of his Majesty's reign, as will remain after cancelling one million
thereof, out of the faid furpluffes and other monies purſuant to this
act, which remaining bills will, by eftimation, amount in principal
money to the further fum of nine hundred and nineteen thousand nine
hundred and twelve pounds ten fillings or thereabouts, fo long as they
are to be current; be it further enacted by the authority afore-
faid, That the commiffioners of the treafury, or any three or Treafury may
more of them, or the high treaſurer for the time being, on his contract with
Majefty's behalf, fhall and may, from time to time, enter into undertakers,
any contract or contracts for obliging any perfon or perfons, bo- &c. for circu-
lating bills for
dy or bodies politick or corporate, who will voluntarily under- ready money.
take this ſervice at his or their own cofts and charges, to circu-
late and exchange, or cauſe to be circulated and exchanged, at
fome publick office in London or Westminster for ready money,
from time to time, all fuch of the faid bills for feveral fums not
exceeding one million and nine hundred and nineteen thoufand
nine hundred and twelve pounds ten fhillings, as fhall be de-
manded at the faid publick office, during the time or reſpective
times of fuch contract or contracts, by paying in ready money, Undertakers
at their own coſts and charges, upon every fuch demand, or with- to pay princi-
in twenty four hours after, all the principal monies contained pal and in.
in every ſuch bill fo demanded, and the intereft which fhall then tereft of bills,
on demand.
be due thereupon, and fo toties quoties as often as any fuch bill
hall be demanded, the faid undertakers, from time to time, up-
Ff 4
on
?
440
[17217
Anno octavo GEORGII I. c.20.
Allowances
for payment
on exchanging every fuch bill, taking in the bill ſo exchanged
for their own uſe, and being allowed a rate not exceeding three
pounds per centum per annum, as well for paying the ſaid intereft
and fervices. at their own cofts, as alfo in reward for their fervice, upon all
the bills fo undertaken to be circulated, fo long as they shall ex-
ceed one million in principal, and a rate not exceeding twenty
fhillings per centum per annum for the like, upon all the bills fo
undertaken to be circulated, from the time they in the whole
ſhall be reduced to any fum, not exceeding one million in prin-
cipal, which faid refpective rates fhall be paid as is herein after
mentioned; and the faid contract or contracts fhall be made in
be registred. writing, and regiftred in the office of the auditor of the re-
ceipt of his Majesty's exchequer, and fhall be made to endure
for fuch time and times refpectively as fhall be agreed by the
Contracts to
Contractors,
for that cauſe,
not diſabled
to be mem-
bers of par-
liament, nor
liable to be
bankrupts.
Intereft of 51.
per centum
per annum,
payable by
South Sea
company, &c.
and finking
fund, to be fe-
curities for al-
lowances to
contractors.
XXVI. And it is hereby enacted, That fuch contractors or
any of them, ſhall not, for that caufe only, be diſabled from
being a member or members of parliament, or be adjudged li-
able to be a bankrupt or bankrupts, within the intent or mean-
ing of all or any of the itatutes made against or concerning
bankrupts; any law, ftatute or provifion to the contrary not-
withstanding.
XXVII. And to the end the faid respective rates, not exceeding
three pounds per centum per annum, and twenty fillings per cen-
tum per annum to be paid to the faid undertakers as aforefaid, may
conftantly be raiſed and paid: it is hereby enacted by the authori-
ty aforefaid, That the abovefaid intereft after the rate of five
pounds per centum per annum, payable by the ſaid South-Sea com-
pany, for the faid million which was lent to them, fhall be, and
the fame is hereby enacted to be a fund or fecurity, ſo long as
undertakers. fuch intereſt ſhall be payable, for or towards anſwering the ſaid
allowance, not exceeding the faid rate of three pounds per cen-
tum per annum to the faid undertaker or undertakers; and that
the monies hereafter to come in upon the ſaid finking fund, ſhall
be a fund or fecurity for anfwering fo much as (together with
the faid intereft payable by the South-Sea company) fhall make
up the faid allowance after the ſaid rate not exceeding three
pounds per centum per annum, ſo long as the fame fhall be pay-
able, and for anfwering the faid allowance not exceeding the
rate of twenty fhillings per centum per annum, from the time the
fame is to commence, during the continuance thereof, accord-
ing to the true intent and meaning of this act; and that the
commiffioners of the treaſury, or any three or more of them, or
the high treaſurer for the time being, fhall cauſe the ſaid refpec-
tive rates to the faid undertakers to be paid and applied out of
the fame funds or fecurities accordingly; any former law or fta-
tute to the contrary notwithſtanding.
Treafury to
caufe pay-
ments, &c.
liament of
If proviſion be XXVIII. Provided always, and it is hereby enacted by the
made by par- authority aforefaid, That if at any time or times hereafter pro-
money for dif. vifion fhall be made by authority of parliament, in the lawful
charging the coins of this realm, placed in the exchequer, for paying off and
dif-
ป
1721.] Anno octavo GEORGII I. c.20
441
:
6 Geo. then
diſcharging the faid exchequer-bills, which are made forth by bills made
the faid act of the fixth year of his Majefty's reign (in lieu of forth by
old exchequer-bills which were cancelled in purſuance thereof) the bills paid
computed to amount to the ſaid fum of nine hundred nineteen off, fhall be
thouſand nine hundred twelve pounds and ten fhillings or there- cancelled.
abouts, then the faid bills themſelves fo computed to amount to
nine hundred nineteen thoufand nine hundred twelve pounds
and ten fhillings or thereabouts, which fhall be fo paid off, or
for which fuch coined money ſhall be reſerved in the exchequer
to diſcharge the fame, fhall be diſcharged and cancelled; and if
before the feventh day of June one thouſand ſeven hundred and If monies be
twenty three, coined money fhall not be raiſed and brought in- not raiſed be-
to the receipt of the exchequer for diſcharging the bills laft men- fore 7 June
1723, then the
tioned, then all the monies which fhall then remain or after- monies com-
wards come into the exchequer, of or for the ſaid ſurpluffes, ex- ing in of the
ceffes and overpluffes, commonly called the finking fund, fhall finking fund,
to be applied
be applied for or towards paying off, difcharging and cancelling to cancelling
the faid exchequer-bills, not exceeding nine hundred nineteen bills, &c.
thouſand nine hundred twelve pounds and ten fhillings or there-
abouts, till they fhall all compleatly be paid off and cancelled,
in fuch or the like manner and form as are by this act preſcrib-
ed for cancelling and diſcharging the faid bills not exceeding one
million, to be made forth by virtue of this act; this preſent act
or any thing therein contained to the contrary notwithſtanding.
XXIX. Provided always, and it is hereby enacted by the au-
thority aforefaid, That all the monies ariſen or to ariſe into the
exchequer by the faid furpluffes, exceffes and overpluffes, com-
monly called the finking fund (except fo much as at Lady-day
one thouſand ſeven hundred and twenty two or afterwards, is to
be applied to diſcharge the faid exchequer-bills not exceeding
one million, which were originally created to be lent to the ſaid
company as aforefaid, and except fo much of the ſaid finking Monies to a-
fund as will pay off and difcharge the faid bills, not exceeding rife by fink-
nine hundred nineteen thousand nine hundred twelve pounds ing fund (ex-
and ten fhillings or thereabouts, in fuch cafe as aforefaid, and cept as herein
excepted) to
except ſuch monies as are by this or any other act of this feffion be appropria-
of parliament, or by any other act or acts of any former feffion ted for dif
of parliament, fpecially charged upon the faid finking fund, or charging prin-
cipal and inte-
to be paid out of the fame, or out of any monies compofing the reft of nation-
faid finking fund) ſhall be appropriated, referved and employ- al debts incur-
ed, to and for difcharging the principal and intereft of fuch na- red before 25
tional debts and incumbrances, as were incurred before the Dec. 1716.
twenty fifth day of December one thouſand ſeven hundred and
fixteen, and are declared to be fuch national debts as may be re-
deemed and are provided for by act of parliament, in fuch man-
-ner and form as fhall be directed and appointed by any future
act or acts of parliament, to be difcharged therewith or out of
the fame, and to and for none other ufe, intent or purpoſe what-
foever.
XXX. And it is hereby enacted by the authority aforefaid, No fee to be
That no fee, reward or gratuity fhall be demanded or taken, taken for any
6
di- thing done in
442
[1721.
Anno octavo GEORGII I. c. 20.
:
i
purſuance of
this act.
monies, &c.
directly or indirectly, by any his Majefty's officers in the ex-
chequer, or by any of their clerks or fubftitutes, from any his
Majefty's fubjects, for any matter or thing to be done by the
faid officers, clerks and fubftitutes, or any of them reſpectively,
Penalty on of. in purſuance of this act; and that no fuch officer, clerk or fub-
ficer, &c. ftitute ſhall divert or miſapply, or caufe or procure to be divert-
mifapplying ed or mifapplied, any of the monies by this act intended for the
exchanging, circulating or paying off the faid bills or any of
them, under fuch penalties, forfeitures and difabilities, to be
incurred by and inflicted on them refpectively, as by one act of
this feffion of parliament for granting an aid to his Majeſty by a
land-tax to be raiſed in Great Britain, for the fervice of the year
one thouſand ſeven hundred and twenty two, are preſcribed or
enacted for diverting and mifapplying any the monies thereby
granted, or for taking or demanding any fee, reward or gratui-
ty concerning the fame.
XXXI. Provided always nevertheleſs, and it is hereby enact-
Treaſury out ed by the authority aforefaid, That the faid commiffioners of the
of finking
fund to defray treaſury, or any three or more of them, or the high treaſurer
the charges of for the time being, fhall have power, and he or they are hereby
executing this enabled to pay and allow, or caufe to be paid and allowed, out
act,
Recital of
7 Geo. 1.
itat. 1. c. 27.
of the monies to ariſe of or for the faid furpluffes, exceffes and
overplus monies, called the finking fund, from time to time, the
neceffary charges of cancelling fuch exchequer-bills as are here-
by directed to be cancelled, and of making forth the new ex-
chequer-bills hereby authorized to be made forth, and fuch other
charges as ſhall be neceffarily incident in or for the execution of
this act, or any part thereof; any thing herein contained to the
contrary notwithſtanding.
XXXII. And whereas the revenues fettled or appointed for the
fervice of his Majefly's houfhold, and the honour and dignity of the
crown, did produce in clear money for one year, ended at Michaelmas
one thousand feven hundred and twenty, the fum of one hundred two
thousand fix hundred eighty two pounds feven fillings and eleven
pence three farthings, over and above the fum of feven hundred
thousand pounds, allowed for thoſe fervices in that year; and by an
act of parliament made and paffed in the feventh year of his Maje-
fty's reign, intituled, An act for raiſing a fum not exceeding five
hundred thousand pounds, by charging annuities at the rate of
five pounds per centum per annum, upon the civil lift revenues
till redeemed by the crown; and for enabling his Majefty, his
heirs or fucceffors (by caufing fuch a deduction to be made as
therein is mentioned) to make good to the civil lift the payments.
which fhall have been made upon the faid annuities; and for
borrowing money upon certain lottery tickets; and for diſcharg-
ing the corporations for affurances of part of the money which
they were obliged to pay to his Majefty; and for making good
a deficiency to the Eaft-India company, it was enacted, That
yearly and every year, from and after the feast of the nativity of Saint
John Baptift in the year of our Lord one thousand feven hundred and
twenty one, a certain yearly fund, to be computed after the rate of
five
1721.]
443
Anno octavo GEORGII I. c. 20.
1
five pounds per centum per annum, for and upon all the annuities
to be purchafed upon that act, should be and was, by virtue thereof,
Settled and established in the manner therein mentioned; and that for
raiſing any fum or fums of money, not exceeding five hundred thouſand
pounds, for the purpoſes therein mentioned, it ſhould be lawful for
any perfons, bodies politick or corporate, to contribute, advance and
pay to the first or chief cashier of the governor and company of the
bank of England for the time being, any fum or fums of money, not
exceeding in the whole the faid fum of five hundred thousand pounds,
for the purchase of fuch annuity or annuities as were thereby charged
or chargeable, fubject to fuch redemption as is therein mentioned; and
the commiffioners of his Majefty's treafury, or the high treaſurer for
the time being, were thereby impowered to cauſe any arrear or arrears
of any fees, falaries, wages, penfions, annuities or other certain or
extraordinary allowances, or any debt or debts, fum or fums of money
due or to be due or payable at the receipt of exchequer, by virtue of any
letters patents or other lawful authorities, whereupon the fame re-
Spectively were or ſhould be grounded, to be fatisfied and paid at the
fame receipt, by levying tallies of pro or affignment, or other tallies
upon the faid cashier for the time being, for or in part of the faid
fum not exceeding five hundred thousand pounds; and that upon pro-
ducing fuch talley or tallies, and delivering or tendring the fame to
the faid cashier, the fame cashier fhould forthwith give a receipt in
writing for fuch talley or tallies, and the perfon or perſons ſo pro-
ducing and delivering or tendring the fame, fhould in refpect thereof
be deemed contributors within the meaning of that act; and their
names and the fums contained in fuch tallies respectively, should be
fairly entred in the book or books of the controller therein mentioned,
and into the duplicates thereof, to be tranfmitted into the office of the
auditor of the receipt of the exchequer; and fuch contributor and con-
tributors, by delivering up his, her or their tallies, or fuch as he,
The or they should nominate, his, her or their executors, adminiftrators,
fucceffors and affigns fhould have, receive and enjoy the respective an-
nuity and annuities fo purchased out of the yearly fund by that act fet-
tled and established, and fhould have fuch or the like estate and intereft
therein, as if his, her or their contribution or contributions had been
Specifically made in ready money, as by the aft laft mentioned, relation
being thereunto had, may more fully appear. And whereas the above
mentioned fum of one hundred two thousand fix hundred eighty twa
pounds feven fhillings and eleven pence three farthings, was part of
the faid fum not exceeding five hundred thousand pounds intended to be
raifed by the act laft in part recited, and after the raising thereof, the
faid fum of one hundred two thouſand fix hundred eighty two pounds
Seven fillings and eleven pence three farthings, ought (as part of the
excefs or furplus of the fund, commonly called the aggregate fund, a-
rifen within the faid year, ended at Michaelmas one thouſand ſeven
hundred and twenty) to be applied to make good fo much of the fur-
pluffes, exceffes and overplus monies, commonly called the finking fund,
out of which the exchequer-bills, formerly lent to the South-Sea com-
pany, are by this act appointed to be paid off and cancelled, as is above
mentioned: now for the more effectual raifing the faid fum of one
hun-
444
[1721.
Anno octavo GEORGII I. c. 20.
Tallies to be
ftruck for rail-
ing 102,6821.
7 s. IId.
39.
part of the
fum of
500,000l.
hundred two thouſand fix hundred eighty two pounds ſeven
fhillings eleven pence three farthings, and applying the fame as
aforefaid; be it further enacted by the authority aforefaid, That
the commiffioners of his Majeſty's treaſury, or any three or more
of them now being, or the high treaſurer, or any three or more
of the commiffioners of the treafury for the time being, fhall or
may, and they are hereby enabled and impowered to caufe fuch
tallies of Pro or affignment as aforefaid, or other tallies, to be
levied and ſtricken in the name or names of ſuch perſon or per-
fons, as they the faid commiffioners of the treaſury, or any three
or more of them, or the high treaſurer, or any three or more
of the commiffioners of the treaſury for the time being, fhall
think fit to entruſt in this behalf, as part of the faid fum not
exceeding five hundred thoufand pounds, which was intended
Perfons pro- to be raiſed by the ſaid former act; and that upon the produc-
ducing fuch
tallies to the ing or tendring of fuch tally or tallies to the faid cafhier of the
caſhier of the governor and company of the bank of England for the time be-
bank of Eng- ing, a receipt or receipts in writing fhall be given by the faid
land, to have calhier to the perfon or perfons fo to be entruſted, his or their
receipts, and aflignee or affigns, producing or tendring the fame; and that the
contributors perfon or perfons, his or their affignee or affigns, fo producing
within the act and delivering or tendring the fame, thall, in reſpect thereof, be
Geo. 1. ftat. deemed and adjudged to be contributors within the meaning of
the act in part before recited; and their names, and the fum
contained in fuch tallies refpectively, fhall be fairly entred in the
book or books of the faid controller for the time being, and into
the duplicates thereof, to be tranſmitted into the office of the
Such perfons auditor of the receipt of the exchequer; and that fuch perfon
upon delivery or perfons fo to be entrusted, or the perfon or perfons, body or
of tallies, &c. bodies politick or corporate, who (as affignee or affigns of the
nuities in the perfon or perfons fo to be entrusted) fhall deliver up or tender
laſt mentioned ſuch tally or tallies, his or their executors, adminiftrators, fuc-
act, &c.
be deemed
7
1. C. 27.
entitled to an-
Treaſury may
caufe monies
to be raiſed
upon fuch
tallies, &c. and
aflignments
to be made
thereupon.
ceffors and affigns, fhall have, receive and enjoy, and be entitled
by this act to have, receive and enjoy the reſpective annuity or
annuities to be payable for or in reſpect of the ſaid ſum of one
hundred two thouſand fix hundred eighty two pounds ſeven ſhil-
lings and eleven pence three farthings, and every or any part
thereof, out of the yearly fund by the laſt mentioned act fettled
and eſtabliſhed, and fhall have fuch and the like eſtate and inte-
reft therein, from the faid feaſt of Saint John Baptift one thou-
ſand ſeven hundred and twenty one, and all other benefits and
advantages in refpect thereof, as if fuch contributions had been
fpecifically made in ready money, according to that act.
XXXIII. And for the more fpeedy raifing of money towards
making good the finking fund as aforefaid, it is hereby further
enacted by the authority aforefaid, That it fhall and may be
lawful to and for the faid commiffioners of the treaſury, or any
three or more of them now being, or the high treaſurer, or any
three or more of the commiffioners of the treaſury for the time
being, to cauſe any fum or fums of money to be raiſed upon
fuch tallies of Pro or affignment, or other tallies, or upon fuch
annuities to be payable in respect thereof, as aforefaid, by mort-
gage,
1721.]
445
Anno octavo GEORGII I. c. 20.
gage, fale, or otherwiſe, and at or for fuch price or prices, or at
fuch rate or rates of intereft, or for fuch confiderations, as to the
ſaid commiffioners of the treaſury, or high treaſurer for the time
being, ſhall ſeem moft expedient, and thereupon to cauſe any af-
fignment or affignments of the faid tallies and annuities, or any
of them, to be made to the perfon or perfons, body or bodies
politick or corporate, who fhall purchaſe the faid tallies, or any
of them, or the faid annuities, or any of them, or ſhall lend
any monies upon the ſaid tallies and annuities, or any of them,
as the faid commiflioners of the treafury, or high treaſurer for
the time being, fhall judge to be reaſonable; all which annui-
ties, in reſpect of the faid fum of one hundred and two thouſand Annuities fub.
fix hundred eighty two pounds feven fhillings and eleven pence tion by parlia
ject toredemp-
three farthings fhall nevertheleſs be ſubject to fuch redemption ment, &c.
by parliament, as is by the faid recited act provided touching
the other annuities which have been or fhall be purchaſed there-
upon.
of which ex-
XXXIV. And it is hereby enacted, That all the monies that Monies appli-
fhall be raiſed as aforefaid, for or towards the faid fum of one hun- ed to make
dred two thouſand fix hundred eighty two pounds feven fhillings good the fink-
and eleven pence three farthings, as faft as the fame fhall be ing fund, out
raiſed, ſhall be applied towards making good the finking fund as chequer-bills
aforefaid, out of which the faid exchequer-bills, which were lent are to be paid
to the South-Sea company, as is above-mentioned, are directed off.
to be paid off and cancelled as aforefaid; any other law or fta-
tute to the contrary notwithſtanding.
tions of loans
XXXV. Provided always, and be it enacted by the authority Difpofitions
aforeſaid, That all monies lent and to be lent to his Majefty
and applica-
upon one act of this feffion of parliament, intituled, An act for and other mo-
granting an aid to his Majefty by a land-tax to be raiſed in Great nies.
Britain, for the fervice of the year one thousand feven hundred and 8 Geo. 1. c. I.
twenty two; and fo much money (if any fuch be) of the tax
thereby granted, as fhall arife and remain after all the loans
made or to be made on the act laft mentioned, and all the loans
by that act or any other act of this feflion of parliament trans-
ferred or to be transferred to the regifter for the faid land-tax,
and the intereft of the faid feveral and refpective loans, and the
charges allowable for raifing the faid land-tax, fhall be ſatisfied,
or money fufficient ſhall be referved in the exchequer to difcharge
the fame; and all the monies to be raiſed by way of a lottery or
otherwiſe, by virtue of an act of this feffion of parliament for
continuing the duties on malt, mum, cyder and perry, to raiſe
money by way of a lottery for the ſervice of the year one thou-
fand feven hundred and twenty two, and for other the purpoſes
therein expreffed, and fo much of the fame duties upon malt,
mum, cyder and perry by that act granted or continued, as fhall
ariſe and remain (if any fuch be) after all the payments thereby
directed to be made upon certificates, as well for the unfortunate
as the fortunate tickets therein mentioned, and the charges by
that act allowable for the execution thereof, fhall be fatisfied,
or monies fufficient fhall be referved to diſcharge the fame; and
9
ali
8 Geo. 1. c. 21
446
[1721.
Anno octavo GEORGII I. c.20.
?
all the monies to be raiſed by iffuing exchequer-bills not ex-
ceeding one million, or otherwiſe, by virtue or in purſuance of
this prefent act, and the fum of fifty fix thouſand eight hun-
dred ſeventy two pounds thirteen fhillings and three pence and
four fifth parts of a penny, being part of the monies which
were granted to his Majefty for the fervices of the year one
thouſand ſeven hundred and twenty one, and exceeded the fer-
vices voted or enacted for that year, ſhall be appropriated and
applied, and are hereby appropriated for and towards the feveral
uſes, intents and purpoſes herein expreffed; fubject nevertheleſs
to fuch reſtrictions as are herein after preſcribed; that is to ſay,
It is hereby enacted and declared, That out of all or any the
aids or fupplies provided as aforefaid there fhall and may be
penny applied iffued and applied any fum not exceeding one hundred eleven
to make good thouſand five hundred thirty two pounds thirteen (hillings and
the deficiency, nine pence and one fifth part of a penny, to make good the de-
fund foreneral ficiency of the fund, commonly called the general fund, for
year ended at raiſing ſeven hundred twenty four thouſand eight hundred and
Mich. 1721. forty nine pounds fix fhilling and ten pence and one fifth part
of a penny per annum, for the year ended at Michaelmas one
thouſand ſeven hundred and twenty one.
111,5321. 135.
gd. and one
fifth part of a
of the
vices.
the
XXXVI. And it is hereby enacted and declared, That out
of all or any the aids or fupplies provided as aforefaid there ſhall
and may be iffued or applied any fum or fums of money not ex-
ceeding one million fix hundred ſeven thouſand eight hundred
ninety four pounds four fhillings and four pence and one fourth
For naval fer part of a penny, for or towards the naval ſervices herein after
more particularly expreffed; that is to fay, for or towards de-
fraying the charge of the ordinary of his Majeſty's navy, and
for half-pay to fea-officers; and for or towards victual, wages,
wear and tear of the navy, and the victualling thereof per-
formed and to be performed; and for or towards fea-ſervices in
the office of the ordnance performed and to be performed; and
towards diſcharging the debt of the navy as it ſtood at Michael-
mas one thouſand ſeven hundred and twenty one; and for or
towards difcharging the debt for tranſport-ſervice as it ftood at
Michaelmas one thouſand feven hundred and twenty one; and
for or towards other fervices of the navy performed or to be
performed.
For the ord-
XXXVII. And it is hereby alſo enacted, That out of all or
nancefor land- any of the aids or fupplies provided as aforefaid there fhall or
fervice, and may be iſſued and applied any fum or fums of money not ex-
fupplying his ceeding ninety three thoufand one hundred fixteen pounds ele-
Majefty's
ftores with falt ven fhillings and eleven pence and three fourth parts of a pen-
petre, and re- ny, for or towards defraying the charge of the office of his Ma-
building gun- jefty's ordnance for land-fervices performed and to be perform-
wharfsatChat- ed; and towards fupplying his Majefty's ftores with falt-petre,
ham and Ply- and rebuilding the gun-wharfs at Chatham and Plymouth, and o-
ther extraordinary fervices to be performed by the office of ord-
nance in the year one thouſand ſeven hundred and twenty two;
and for defraying feveral extraordinary expences of the office of
mouth.
ordnance
1721.]
447.
Anno octavo GEORGII I. C. 20.
ordnance for land-fervices in the year one thoufand feven hun-
dred and twenty one, not provided for by parliament.
XXXVIII. And it is hereby likewife enacted, That out of all For land-
forces.
or any the aids or ſupplies provided as aforefaid there ſhall or may
be iffued and applied any fum or fums of money not exceeding
in the whole the fum of eight hundred forty four thouſand four
hundred ſeventy one pounds twelve fhillings and ten pence half-
penny, for or towards maintaining his Majefty's land-forces and
other fervices herein after more particularly expreffed, that is to
fay, Any fum not exceeding five hundred fixty eight thouſand Guards and
nine hundred thirty two pounds thirteen fhillings and four pence, Great Britain,
garriſons in
for defraying the charge of fourteen thousand two hundred nine- &c.
ty four effective men (including commiffion and non-commiſ-
fion officers and invalids) for guards, garrifons and other his
Majeſty's land-forces in Great Britain, Ferfey and Guernſey, and
other fervices relating to the forces for the year one thoufand
feven hundred and twenty two; and any fum and fums of money
not exceeding one hundred fifty thoufand feven hundred forty
three pounds thirteen fhillings and four pence halfpenny, for
maintaining his Majefty's forces and garrifons in the plantations,
Minorca and Gibraltar, and for provifions for the garriſons at Plantations,
Annapolis Royal, Placentia and Gibraltar, for the year one thou- Minorca and
fand ſeven hundred and twenty two; and any fum and fums of Gibraltar.
money not exceeding fifteen thousand pounds, upon account of
out-penfioners of Chelsea Hofpital, for the year one thouſand
feven hundred and twenty two; and any fum and fums of
not exceeding twenty thouſand ſeven hundred ninety five pounds
fix fhillings and two pence, for defraying ſeveral extraordinary Extraordina
expences for the fervice of his Majefty's land-forces, and for ries.
provifions, and to fatisfy feveral clothiers affignments, not before
provided for by parliament; and any fum and fums of money
not exceeding eighty nine thousand pounds, upon account of
Chelſea hof-
money pital.
half-pay to the reduced officers of his Majefty's land-forces and Half-pay offi-
marines; ſubject nevertheleſs to fuch rules to be obſerved in the cers.
application of the faid half-pay, as are herein after preſcribed
concerning the fame.
XXXIX. And be it enacted, That the faid aids or fupplies The faid fup-
provided as aforefaid fhall not be iffued or applied to any ufe, plies to be ap-
intent or purpoſe whatſoever, other than the uſes and purpoſes plied to no o-
before-mentioned.
ther uſes.
XL. Provided always, That fuch fums as by and in purfu- For the com-
ance of any other act or acts of parliament are or ſhall be due or miffioners of
payable to any commiffioners for taking, examining, ftating and army ac-
determining the debts due to the army, for their falaries, or for counts.
their clerks, or other incident charges, fhall or may be paid out.
of the aids or ſupplies aforefaid, or any of them; any thing here-
in contained to the contrary notwithſtanding.
XLI. And as to the ſaid ſum of eighty nine thousand pounds Rules to be
by this act appropriated on account of half-pay as aforefaid, it is obferved in the
hereby enacted and declared by the authority aforefaid, That the application of
rules the half-pay.
2
448
[1721.
Anno octavo GEORGII I. C:20.
7Geo. 1. ftat.1.
C. 4.
lift.
rules herein after prefcribed fhall be duly obferved in the ap-
plication thereof; that is to fay,
That no perfon fhall have or receive any part of the fame,
who was a minor under the age of fixteen years at the time
when the regiment, troop or company in which he ferved was
reduced.
That no perſon ſhall have or receive any part of the fame, ex-
cept fuch perfons who did actual fervice in fome regiment, troop
or company.
That no perfon having any other place or employment of
profit, civil or military, under his Majefty, ſhall have or receive
any part of the half-pay.
That no chaplain of any garrifon or regiment, who has any
ecclefiaftical benefice, or other preferment in Great Britain, or
Ireland, ſhall have or receive any part of the faid half-pay.
That no perſon fhall have or receive any part of the fame who
hath refigned his commiffion, and has had no commiffion fince.
That no part of the fame ſhall be allowed to any perſons, by
virtue of any warrant or appointment, except to fuch perfons
who would have been otherwife entitled to the fame, as reduced
officers.
And that no part of the fame ſhall be allowed to any of the
officers of the five regiments of dragoons and eight regiments
of foot lately difbanded in Ireland, except to fuch as were lately
taken off the eſtabliſhment of half-pay in Great Britain.
XLII. And whereas by an act of parliament made in the feventh
year of his Majefty's reign, for continuing the duties upon malt, mum,
Claufe for dif- cyder and perry, to raise money by way of lottery for the fervice of
pofing the o- the year one thousand feven hundred and twenty one, and for other
verplus money
of half-pay
purpoſes therein expreſſed, ſeveral ſupplies which had been granted to
officers to the bis Majefty, as is therein mentioned, were appropriated to ſeveral uſes
compaffionate and purposes therein expressed, amongst which any fum or fums not ex-
ceeding the fum of ninety four thousand five hundred pounds, upon
account of half-pay for the year one thousand feven hundred and twen-
ty one, was appropriated to be paid to the reduced officers of his Ma-
jefty's land-forces and marines, fubject nevertheless to fuch rules to be
obferved in the application of the faid half-pay, as in and by the a-
forefaid act were prefcribed in that behalf: now it is hereby pro-
vided, enacted and declared by the authority aforefaid, That fo
much of the faid fum of ninety four thouſand five hundred
pounds, as is or fhall be more than fufficient to fatisfy the faid
reduced officers, according to the faid rules by the aforefaid act
preſcribed to be obferved in the application thereof, or any part.
of fuch overplus, fhall or may be difpofed to fuch officers, who
were maimed or loft their limbs in the late wars, or to ſuch o-
thers as by reaſon of their long fervice, or otherwife, his Ma-
jefty fhall judge to be proper objects of charity, or to the wi-
dows or children of fuch officers, according to fuch warrant or
warrants under his Majefty's royal fign manual, as fhall be fign-
ed in that behalf; any thing in this or the faid former act to the
contrary notwithſtanding.
XLIII. And
1721.]
Anno octavo GEORGII I. c. 20.
449
lief of the fuf-
late wars.
9
XLIII. And whereas amongst divers matters and things contained 9 Ann. c. 23.
in an act of parliament made in the ninth year of the reign of her late 1. 88.
majesty Queen Anne, of bleſſed memory, a fum of one hundred three Claufe for re-
thousand and three pounds eleven shillings and four pence was ap- ferers at Nevis
pointed to be diſtributed amongst the proprietors and inhabitants of the and St. Chri-
islands of Nevis and Saint Chriftophers, who fuftained great loffes ftophers, by an
by a late invafion and depredation of the French, to encourage them to invafion of the
refettle in the faid iflands; and by another act made in the tenth French in the
year of her faid late Majefty's reign, taking notice that the bounty a- 10 Ann. c. 34.
forefaid would exceed or amount at least to one third part of the faid
loffes fuftained by the planters and inhabitants of the faid iſlands on-
ly, it was enacted, That her Majesty's commiffioners for the affairs of
trade and plantations, or any three or more of them, on fuch proof as
was therein preſcribed, fhould or might forthwith iſſue out, in the re-
Spective names of every fuch fufferer, his, her or their executors or ad-
miniftrators, debentures for one full third part of their respective loffes
Specified in the return of a commiffion therein mentioned (fuch requi-
fites being first performed by the faid fufferers, their agents or af
figns, as by the faid acts were to be done and performed) and that See g Geo. 1.
fuch debentures fhould be delivered out to them, or their respective a- c. 12.
gents or attornies, and fhould carry intereft for the principal fums there-
in mentioned after the rate of fix pounds per centum per annum,
from the five and twentieth day of December one thousand feven
hundred and eleven: and whereas the commiffioners for trade and
plantations did make forth debentures pursuant to the faid acts, which
amount in principal money to the fum of ninety nine thousand three
hundred fixty one pounds fixteen fhillings, and no more, the intereft
whereof, at the rate aforefaid, hath been fatisfied until the feast of
the birth of our Lord Chrift one thouſand feven hundred and fourteen,
and the faid principal fum, together with forty one thouſand ſeven
hundred thirty one pounds nineteen fillings and one penny farthing,
for the like intereft thereof, incurred for feven years, ended at the
feaft of the birth of our Lord Chrift one thousand feven hundred and
twenty one, making together one hundred forty one thousand ninety
three pounds fifteen fhillings and one penny farthing, do fill remain
unfatisfied: now to the end the feveral proprietors of the faid
debentures may have a juft and reafonable fatisfaction for the
principal and intereft due or unpaid to them reſpectively, it is
hereby provided and enacted by the authority aforefaid, That Unſatisfied de-
the ſaid reſpective proprietors, and their reſpective executors, bentures, how
adminiſtrators and affigns, ſhall by virtue of this act have and
be entitled to an annuity after the rate of three pounds per cen-
·tum per annum, for and in lieu of the principal and intereſt due
or unpaid to them refpectively, as aforefaid, the fame annuities
to commence from the faid feaft of the birth of our Lord Chrift
one thouſand ſeven hundred and twenty one, and to be payable
half-yearly; to wit, at the feafts of the nativity of Saint John
Baptift, and the birth of our Lord Chrift, by equal portions,
until the redemption thereof by parliament; the first payment
thereof to be made at the feaft of the nativity of Saint John
Baptiſt one thoufand feven hundred and twenty two; and the
VOL. XIV,
•
G G
fame
to be made
good.
1
450
[1721.
Anno octavo GEORGII I. C. 20.
on unfatisfied
fund of
3 Geo. 1. c. 7.
debentures, to
payment of
annuities to
proprietors,
&c. until re-
demption.
Annuities to
be deemed
perſonal ef-
tates, &c. and
may be af-
figned.
fame annuities ſhall be and are, by virtue of this act, charged
Annuities up- and chargeable upon and payable out of the monies arifing or
debentures, to to arife of or for the cuſtoms, fubfidies, impofitions, rates, du-
be paid out of ties, proportional parts, weekly and other provifions and pay-
the general ments, commonly called the general fund, eſtabliſhed by an
act of parliament of the third year of his Majefty's reign, a-
mounting to ſeven hundred twenty four thoufand eight hundred
forty nine pounds fix fhillings and ten pence and one fifth part
Treaſury, up- of one penny per annum; and the commiffioners of his Majeſty's
on producing treafury, or any three or more of them, or the high treaſurer
iffue order for for the time being, are hereby authorized and impowered, up-
on producing to him or them any of the faid debentures, to if-
fue ftanding orders for paying at the receipt of the exchequer
the ſaid annuities to the faid refpective proprietors, their execu-
tors, adminiſtrators, fucceffors or affigns refpectively, out of
the monies arifen or to arife out of the faid general yearly fund,
until fuch redemption as aforefaid; which annuities fhall be
deemed to be perfonal eftates, and fhall be free from all taxes,
charges and impofitions whatſoever, and the reſpective proprie-
tors thereof ſhall have good and fure eftates therein, and ſhall
have power to affign or devife his, her or their eftate or intereſt
of and in any fuch annuity or any part thereof, and ſo toties quo-
No affignment ties; and no fuch affignment ſhall be revocable, fo as an entry
revocable, &c. or memorandum of fuch affignment or will be made in books
kept for that purpofe in the office of the auditor of the receipt of
exchequer, within three months after fuch affignment or death
On producing of the devifor; and that upon producing fuch affignment or will,
fuch affign- or probate thereof, in the faid office of receipt, to be entred as
ment, &c. par- aforefaid, the party fo producing the fame fhall bring therewith
ty to bring an
affidavit of its an affidavit, taken before one or more of his Majefty's juftices
due execution. of the peace, of the due execution of the faid affignment or
Officers of ex- will, which affidavit or affidavits fhall be feverally filed in the faid
chequer to
office; and the proper officers in the faid receipt of exchequer are
make memo-
hereby required to make fuch entry or memorandum according-
ly, and to file the ſaid affidavits; and in default of fuch affign-
ment or deviſe by deed or will, the intereſt of ſuch perſon or
pej
fons fhall go to his or her executors or adminiſtrators; and it
is hereby enacted, That the fame annuities fhall be paid by the
officers in the receipt of exchequer without demanding or re-
ceiving any fee, gratuity or reward for the fame.
randum, &c.
Annuities to
be paid by of-
ficers in exche-
quer without
fee.
Officers to be
fund.
.
XLIV. Provided always, That out of the monies arifing or
rewarded out to arife at the exchequer as aforefaid, of the faid furpluffes, ex-
of finking ceffes or overpluffes, called the finking fund, it fhall and may be
lawful to and for the faid commiffioners of the treaſury, or any
three or more of them, or the high treaſurer for the time being,
to reward the officers and clerks in the faid receipt for their pains
and ſervice in paying the fame annuities, and to fatisfy fuch in-
cident charges as fhall neceffarily attend the payment thereof;
any former law or ftatute to the contrary notwithſtanding.
XLV. Provided alfo, and it is hereby enacted by the autho-
when to deter- rity aforefaid, That at any time, upon publick notice to be
Annuities,
mine.
2
print-
· 1721.]
451
Anno octavo GEORGII I. c. 20.
A
printed in the London Gazette, and affixed upon the Royal Ex-
change in London, by authority of parliament, at any of the four
moft ufual feaſts of the year, and upon repayment by parliament
of the reſpective principal fums for which the fame annuities
ſhall be payable, to fuch reſpective perfons and corporations as
fhall be entitled to the fame annuities, and alfo upon full pay-
ment of all arrearages of the fame annuities, to be computed
by the day, after the rate of three pounds per centum per annum,
till fuch actual repayment, then and not till then the fame an- Reſolution of
nuities ſhall ceaſe and determine; any thing herein contained to the houfe of
the contrary notwithſtanding; and that any vote or refolution of commons in-
ferted by the
the houſe of commons fignified by the ſpeaker in writing, to be fpeaker in the
inferted in the ſaid London Gazette, and affixed on the Royal Ex- London Ga-
change in London as aforefaid, ſhall be deemed and adjudged to be zette, &c. to
fufficient notice within the words and meaning of this act.
be fufficient
notice.
25 March1722.
XLVI. And moreover, be it enacted by the authority afore- An additional
faid, That there fhall be raiſed, levied, anſwered and paid unto duty of 2s. per
and for the uſe of his Majefty, his heirs and fucceffors, for and bumel to be
upon all apples, which at any time or times after the feaft-day of paid on apples
the annunciation of the bleffed Virgin Mary one thouſand feven imported af-
hundred and twenty two, during the term of three years from This duty is
thence next enſuing, or before the end of the feffion of parlia- continued for
ment next following the faid term of three years, fhall be im-Seven years by
ported or brought into the kingdom of Great Britain (over and
above all cuſtoms, fubfidies and duties already impoſed thereup-
on) an additional duty, to be reckoned after the rate of two
fhillings for every bufhel, and proportionably for a greater or
leffer quantity, to be paid down in ready money by the import-
ers, from time to time, before the landing of the fame refpect-
ively.
Ι
II Geo. 1. c. 7.
fect. 11. EXP.
nalties to be
paid.
XLVII. And be it enacted by the authority aforefaid, That How, and un-
the faid additional duty upon apples imported, fhall be raiſed, der what pe-
levied, recovered and paid, and be brought into his Majefty's
exchequer, by fuch rules, ways, means and methods, and un-
der fuch penalties and forfeitures, and in fuch manner and form,
as the other duties upon apples imported, or any of them, are
by any act or acts of parliament now in force, preſcribed or ap-
pointed to be raiſed, levied, recovered, anfwered and paid.
XLVIII. And be it enacted by the authority aforeſaid, That To what uſẹ
the ſaid additional duty upon apples imported (except the ne- applied.
ceffary charges of management thereof) is and thall be applied
for or towards making good the fervices for which his Majefty's
fupply, granted in this feffion of parliament, is by this act ap-
propriated or applicable.
XLIX. And whereas by feveral acts of parliament now in force, Duties paya-
Several duties are payable upon the importation of pictures; be it ble on pic-
further enacted by the authority aforefaid, That the faid duties tures import-
for all pictures, which fhall be imported from and after the feaft- ed after 25
day of the annunciation of the bleffed Virgin Mary one thou-
March 1722.
ſand ſeven hundred and twenty two, fhall cease and determine, ring of pictures
For the meaju-
and imported, fee
G g z
452
[1721
Anno octavo GEORGII I. c. 20.
fect. 12.
and in lieu thereof there fhall be paid and payable to his Majeſty,
11 Geo. 1.c.7. his heirs and fucceffors, for all pictures, that from and after the
faid feast day of the annunciation of the bleffed Virgin Mary one
thouſand ſeven hundred and twenty two fhall be imported into
Great Britain, the certain duties following, according to the re-
ſpective dimenſions of fuch pictures, that is to ſay,
For pictures of
four feet
fquare, 31.
Two feet
For every picture of four feet fquare or upwards, or of any
dimenfions, which being reduced, will produce a fquare of four
feet or upwards, the fum of three pounds, of lawful money of
Great Britain.
For every picture of two feet fquare, and under four feet
fquare, 40s. fquare, or of any dimenfions, which being reduced will pro-
duce a fquare of two feet, and under four feet, the fum of forty
fhillings, of like money.
Lefs than two
feet, 20s.
To be paid in
ready money
before land-
ing.
How, and un-
der what pe-
nalties to be
paid.
How appro-
priated.
able.
And for every picture under two feet ſquare, or of any di-
menſions, which being reduced will produce a fquare lefs than
two feet, the fum of twenty fhillings, of like money.
Which duties fhall be paid down in ready money by the re-
fpective importers of fuch pictures, from time to time, before
the landing of the fame refpectively.
L. And be it enacted by the authority aforefaid, That the
faid duties upon pictures imported, ſhall be raiſed, levied, re-
covered and paid, and be brought into the exchequer, by fuch
rules, ways, means and methods, and under fuch penalties and
forfeitures, and in fuch manner and form, as the duties upon
pictures hereby taken away, or any of them, might have been
raiſed, levied, recovered and paid, if the fame or any of them had
continued.
LI. Provided always, and it is hereby enacted by the autho-
rity aforefaid, That the duties to ariſe upon the importation of
pictures, purſuant to this act (the neceffary charges of manage-
ment excepted) fhall be appropriated and applied as near as may
be, to the fame ufes and purpofes, to which the former duties
upon pictures by this act taken away, were applicable or ought
to have been applied if this act had not been made.
LII. Provided alfo, and it is hereby enacted, That the duties
How redeem- by this act charged upon pictures imported, or any part thereof,
fhall be redeemable by parliament, in the fame manner as the
faid former duties on pictures hereby taken away, or any of them,
were redeemable; and in all cafes where any of the faid former
duties on pictures were to cease or determine, a proportional
part of the duties on pictures hereby charged, fhall likewife
ceafe and determine,
CAP.
1721.]
453
Anno octavo GEORGII I. c.21.
CAP. XXI.
An act to enable the South-Sea company to difpofe of the ef-
fects in their hands by way of lottery or fubfcription, or to
fell part of their fund or annuity payable at the exchequer,
in order to pay the debts of the faid company; and for re-
lief of fuch who were intended to have the benefit of a late
act touching payment of ten per centum therein men-
tioned.
HEREAS the governor and company of merchants of Great
W Britain trading to the South-Seas, and other parts of Ame-
rica, and for encouraging the fishery, commonly called the South-Sea
company, are poffeffed of divers shares of the capital flock of the faid
South-Sea company, transferred and pledged to the faid South-Sea
company, or their agents, for their use, for divers fums of money lent
by the Said South-Sea company, and are likewife poffeffed of or in-
titled unto other phares of the fame capital stock, allowed by the faid
company for, or arifing from or by means of receipts given for the
payments made on fubfcriptions for money taken by the faid South-Sea
company, commonly called fubfcription-receipts, pledged to them, or
their agents, for monies lent by the faid South-Sea company thereup-
on, which faid fhares of the faid capital stock amount together in the
whole to three millions and upwards: and whereas the faid South-Sea
company stands indebted for exchequer-bills, and alſo by their bonds
and dividend-warrants, in a larger fum of money than can be paid
in fuch reaſonable time as may be expected, without the fale or difpofal of
fome part of their stock: and whereas the ſaid ſeveral ſhares of flock
To pledged and allowed for, or arising from or by means of the faid
fubfcription-receipts pledged as aforefaid, may be deemed, or ſuppoſed
to be liable to redemption, though in no ways likely to be redeemed:
and forafmuch as to enable the faid South-Sea company Speedily ta
pay their faid debts, will tend to promote the publick credit; be it
After 25
therefore enacted by the King's most excellent majefty, by and March 1722.
with the advice and confent of the lords fpiritual and temporal South-Sea
and commons, in this prefent parliament affembled, and by company may
the authority of the fame, That it fhall and may be lawful to their ſtock (not
and for the ſaid South-Sea company, and they are hereby ena- exceeding
bled, from and after the twenty fifth day of March one thouſand 200,000l. per
ſeven hundred and twenty two, to fell, or otherwiſe diſpoſe of annum) by
lottery, &c
to any perfon or perfons, natives or foreigners, bodies politick or
corporate, all or any part of the faid feveral ſhares of the faid
ftock, as well that pledged to the faid company as aforefaid, as
that which was allowed by the faid company for, or arifing from
or by means of the faid fubfcription-receipts fo pledged as a-
forefaid, or any part of the fund or annuity iffuing and payable
at the exchequer, to the faid company, not exceeding two hun-
dred thousand pounds a year, by way of lottery, fubfcription,
or otherwiſe, at fuch time or times, and in fuch manner, as by
the
Gg3
fell shares of
454
[1721
Anno octavo GEORGII I. c. 21.
This act not
vifion in the
fat. 2. C. I,
for paying in
ten per cent.
upon loans,
&c.
the general court of the ſaid South-Sea company ſhall from time
to time be thought fit and expedient.
II. Provided, That nothing herein contained ſhall be conftrued
to alter a pro- to extend to alter the proviſion made by an act made in the laſt
act of 7 Geo.1. feffion of parliament, intituled, An act for making feveral pro-
vifions to reflore the publick credit, which fuffers by the frauds and
mifmanagements of the late directors of the South-Sea company and
others, for paying in ten per centum upon fuch loans, and there-
upon diſcharging the borrowers from all further demands of the
faid South-Sea company, for or in refpect of the monies fo bor-
rowed upon ſtock or fubfcription-receipts, and for abfolutely
veſting in the faid South-Sea company fuch ſtock and ſubſcrip-
tion-receipts ſo transferred and pledged, and for which payments
ſhall be made or tendred, according to the true intent and mean-
ing of the fame act, or to diſcharge any perfon or perfons, who
have not intitled themſelves to the benefit of the faid act, by
making payments according to the directions of the fame act, of
or from any debt or debts due or owing to the faid South-Sea
company, upon fuch pledged ſtock and ſubſcription-receipts,
over and above the profit and advantage that ſhall be made by
the faid company, by fale, or other difpofition of fuch pledged
ftock, and the ftock allowed for, or arifing from or by means
of ſuch ſubſcription-receipts, fo pledged to the company as, a-
forefaid.
If South-Sea
III. Provided always, and it is hereby enacted by the autho-
company raiſe rity aforefaid, That if the faid South-Sea company fhall think
money for
fit to raiſe all or any part of the money, by this act authorized
payment of
to be raiſed for payment of their debts, by way of a lottery, then
their debts, by
no contribution or contributions to fuch a lottery or lotteries,
way of lotte-
fhall be received or taken in after the twenty fourth day of De-
butions to be cember which shall be in the year of our Lord one thouſand ſeven
taken in after hundred and twenty three.
ry, no contri-
the company's
24 Dec. 1723. IV. Provided alfo, and it is hereby enacted by the authority
Purchaſers of aforefaid, That in cafe the faid South-Sea company shall think
annuities pay- fit, in purfuance of any refolution or refolutions of their gene-
able at the ex- ral court, to raiſe all or any part of the money by this act in-
chequer, inti- tended to be raiſed, for payment of the faid company's debts,
tied to the re- by felling or difpofing any part or parts of the yearly funds or
ceipt.
annuities of the faid company, now payable at the exchequer,
after the rate of five pounds per centum per annum (fuch part or
parts not to exceed in the whole two hundred thouſand pounds
per annum as aforefaid) then the perſon or perſons, body or bo-
dies politick or corporate, who fhall contract or agree for pur-
chafing fuch part or parts of the faid annuities, or yearly funds
of the faid company, fhall be and be deemed to be able and ca-
pable in law, to purchaſe, take, hold and enjoy the fame, and
fhall have, receive and enjoy, and be intitled by force and virtue
of this act, to have, receive and enjoy the part or parts fo pur-
chaſed, from fuch time or times as fhall be agreed upon by or
between the faid company and the purchafer or purchafers re-
ſpectively.
V. And
1721.]
455
Anno octavo GEORGII I, C. 21.
V. And it is hereby enacted by the authority aforefaid, That Arrears of an-
all arrears of fo much as fhall be purchaſed as aforefaid, of and nuities pur-
in the annuities or yearly funds of the faid company, as fhall chafed, how
be due and computed by the day to the time or reſpective times payable, &c.
to be agreed upon as aforefaid, fhall be and remain payable to
the ſaid company, by weekly payments, or otherwiſe, as the mo-
ney appointed or intended by any act or acts of parliament to
be applied for or towards the payment of fuch part or parts to
be purchaſed as aforefaid, of and in the ſaid annuities, or year-
ly funds, and the ſame ſhall be fully paid and fatisfied before
any
of the payments, by this act directed or intended to be made
to ſuch purchaſer or purchaſers, fhall be made; and that ſo
much of the ſaid part or parts to be purchaſed as aforefaid, of
and in the annuities or yearly funds of the faid company, as
ſhall be computed by the day from the time or reſpective times
to be agreed upon as aforefaid, until the uſual quarterly feaſt-day
then next enfuing, fhall be reckoned to be due at the faid next
fucceeding feaft-day, and that from and after the fame feaft-day,
the ſaid part or parts of the ſaid annuities, or yearly funds to be
purchaſed as aforefaid, fhall grow and be accounted due quar-
terly, at the four moſt uſual feaſts in the year, by even and e-
qual portions (nevertheleſs to be fatisfied by weekly or other
payments, as is herein after mentioned) and that the faid part
or parts of the faid annuities, or yearly funds fo to be purchaſed,
ſhall be paid and payable to the faid perfon or perſons, body or
bodies politick or corporate, who ſhall purchaſe the ſame, his,
her or their executors, adminiſtrators, fucceffors and affigns re-
ſpectively, out of the monies ariſen or to ariſe into the faid exche-
quer, of or for the particular duties, revenues, proportional
parts
of revenues, or other proviſions now charged or chargeable
with the ſame as annuities, or as part of the annuities of the faid
company, after the rate of five pounds per centum per annum,
until and for the feaſt of the nativity of Saint John the Baptift
which ſhall be in the year of our Lord one thouſand ſeven hun-
dred and twenty feven, and from thenceforth at the rate of four
pounds per centum per annum, until redemption by parliament,
according to the tenor and true meaning of this act; and that all
the precepts, directions, powers, authorities, penalties, forfei-
tures and diſabilities, clauſes, matters and things contained in
any act or acts of parliament now in force, for or in order to the
fatisfying, iffuing, paying or fecuring the annuities or yearly
funds of the faid company, fhall be applied, practiſed, and put
in execution for fatisfying, iffuing, paying or fecuring the faid
part or parts, after the purchafing thereof, to the purchaſer or
purchaſers, his, her or their executors, adminiftrators, fucceffors
and affigns refpectively, as fully and effectually as the fame
part or parts ſhould or ought to have been iffued, paid or fe-
cured, if the ſame were not fold as aforefaid, and as fully and
effectually as if all and every the faid precepts, directions, pow-
ers, authorities, penalties, forfeitures and difabilities, claufes,
matters and things, were again repeated in this act,
VI. Pro-
Gg 4
456
[ 1 7 2 1,
Anno octavo GEORGII I. c. 21.
No agreement
to be made
for fale of an-
nuities to any
body corpo-
rate, without
ten days no-
tice in the
London Ga-
zette before
court, &c.
Annuities af-
ter the rate of
20 years pur-
chafe, to be
capital ftock,
&c. bodies po-
litick purcha-
fing, may add
the capital
ſtock created,
to their then
capital, &c.
VI. Provided always, That no agreement for the fale of any
part of the fund or annuity of the South-Sea company, fhall
be made between the ſaid company and any other body politick
or corporate, unleſs ten days notice at the least be given in the
London Gazette, and upon the Royal Exchange, before the meet-
ing of any general court of the South-Sea company, to be ſum-
moned to approve the fale of the fame.
VII. And be it further enacted by the authority aforefaid,
the meeting of That the values, to be computed after the rate of twenty years
a general purchaſe, for fuch part or parts of the ſaid annuities as fha'l be
fo purchaſed, ſhall from the time or times to be ſpecified in fuch
agreement or agreements as aforefaid, become a capital ſtock
of the perfon or perfons, body or bodies politick or corporate,
who fhall fo purchaſe the fame; and in cafe fuch purchaſe or
purchaſes ſhall be made by any body politick or corporate, fuch
body politick or corporate is hereby enabled (in cafe they ſhall
think fit) to add or unite the capital ſtock fo created or cauſe the
fame to be added and united, to the then capital ftock of the
faid body politick or corporate fo purchafing the fame; and in
fuch cafe every member of fuch body politick or corporate fhall
have credit in the books thereof for his, her or their fhare or
ſhares of the capital ftock fo created, added and united, and all
the profits, dividends and advantages whatſoever to attend the
fame; and from and after any fuch purchaſe or purchaſes made
as aforeſaid, the capital ſtock of the faid South-Sea company ſhall
be leffened fo much as the ſaid value or values of the ſaid part
or parts fo fold, ſhall amount unto; and the annuities or yearly
funds of the fame company ſhall likewiſe be leffened ſo much as
the faid part or parts of the faid annuities fo fold fhall amount
unto; any former law or ftatute to the contrary notwithſtanding.
VIII. And for the better and more regular payment of all the
Treaſury to
monies intended by this act to be paid to fuch purchaſer or pur-
make forth the chafers of fuch part or parts of the ſaid annuities (if any ſuch
orders for pay- be) his, her or their executors, adminiſtrators, fucceffors or
affigns reſpectively, at the different rates, and in ſuch manner
as aforefaid, (fubject nevertheleſs to ſuch reduction and redemp-
tion, as are by this act provided concerning the fame) an order
or orders fhall, from time to time, be made forth and figned by
the commiffioners of the treafury, or any three or more of
them, or by the high treaſurer for the time being; and after
figning thereof, the fame fhall be good, firm, valid and effec-
tual in the law, according to the purport and true meaning
thereof, and of this act, and fhall not be determinable by or
upon the death or removal of any commiffioner or commiffion-
ers of the treaſury, or high treaſurer for the time being, or by
or upon the death or determination of the power, office or of-
fices, of them or any of them; nor fhall any commiffioners of
the treafury, high treafurer, or under treaſurer for the time be-
The orders to ing, have power to revoke, countermand or make void, fuch
beirrevocable. order or orders fo made forth and figned as aforefaid.
ment.
IX. And for the more fpeedy payment of the monies which
fhall
1721.]
457
Anno octavo GEORGII I. c. 21.
ſhall be due and payable to any perfon and perfons, body or
bodies politick or corporate, who fhall become purchaſer or
purchaſers as aforefaid, (if any fuch be) and to his, her or their
executors, adminiftrators, fucceffors and affigns refpectively,
upon fuch order or orders as aforefaid; it is hereby further enact- Weekly pay-
ed and declared by the authority aforefaid, That weekly or o- ments to be
therwiſe, as the monies appointed or intended by this act to be made upon
orders, &c.
applied for or towards the faid payments to grow due to him,
her or them as aforefaid, fhall from time to time be brought into
the receipt of the exchequer, and fhall or ought to be fet apart
for that purpoſe, ſuch monies ſhall and may, from time to time,
be iffued upon fuch order or orders, for or towards difcharging
the ſaid part or parts of the ſaid annuities or yearly funds, which
fhall be purchaſed as aforeſaid, and ſhall grow due at the end of
that quarter of a year in which ſuch iffues or payments ſhall be
made, fo as fuch weekly or other payments do not exceed the
fums, which fhall grow due for or at the end of ſuch quarter re-
ſpectively.
X. And be it further enacted by the authority aforefaid, Purchaſers of
That it ſhall and may be lawful to and for any body or bodies annuities may
politick or corporate, who fhall have purchaſed or agreed for raise money by
any part or parts of the ſaid annuities of the faid South-Sea com- taking in fub-
fcriptions for
pany as aforefaid, for better enabling themſelves to pay for the fale of capital
fame (if they fhall fee cauſe) to raiſe money, by opening books ſtock, &c.
for taking in ſubſcriptions from any perſon or perfons (as well
their own members as others) for the fale of their capital ftock,
created as aforefaid, or any part thereof, and the proportional
part of the purchaſed annuities to attend the fame, or by mak-
ing any call or calls of money from the reſpective member or
members of fuch body or bodies politick or corporate, pro-
portionably to the fhares which fuch members fhall then have
in the capital ſtock or stocks of the fame, and by ſtopping and
difpofing the fhares and dividends of fuch members, as fhall
make default in anfwering fuch call or calls, and applying the
money ſo ſtopped or raiſed for the purpoſe aforefaid, or by bor-
rowing money upon bonds, bills or obligations, under the
common feal or feals of fuch body or bodies politick or corpo-
rate, or otherwife, as to them fhall ſeem most meet and con-
venient; and every fuch body or bodies politick or corporate,
is and are hereby enjoined and required to apply, or cauſe to be
applied the monies fo raiſed, for or towards paying or com-
pleting the payment of the purchaſe-money to the faid South-
Sea company, for ſuch part or parts of their faid annuities which
ſhall be ſo purchaſed as aforefaid.
XI. And it is hereby enacted, That the capital ſtock, which
Capital ſtock;
any perſon or perfons, body or bodies politick or corporate, by annuities and
and in purſuance of fuch agreement or agreements as aforefaid,
and of this act, fhall be intitled unto, and the faid part or parts
of the faid annuities or yearly funds of the faid South-Sea com-
pany, which fhall be purchaſed as aforefaid, and are intended to taxes, &c.
attend the fame, and the particular ſhare and ſhares of any mem-
ber'
fhares, to be
deemed per-
fonal eftates,
and free of all
458
[1721
Anno octavo GEORGII I. C.21.
ber of fuch body politick or corporate of and in the fame, fhall
be, and be deemed and adjudged in law and equity, to be a per-
fonal and not a real eſtate, and fhall be free from all taxes,
charges and impofitions whatſoever; and in cafe any body or
bodies politick or corporate ſhall be entitled to the capital ſtock,
to be aſcertained purſuant to fuch agreement or agreements, and
this act as aforefaid, then and in all and every fuch cafe and
Shares may be cafes, the refpective members of fuch body or bodies politick or
transferred or corporate, who fhall have any fhare or fhares therein, fhall or
devifed, &c.
may affign and transfer fuch his, her or their fhare or fhares,
or any part thereof, in the book or books of the fame body or
bodies politick or corporate refpectively, in fuch or the like me-
thod, manner and form, as are prefcribed in and by any act or
acts of parliament, charter or charters, now in force for af-
fignments or transfers of original ſtock, to be made in the book
or books of fuch body or bodies politick or corporate refpective-
ly, or fhall or may difpofe or deviſe the ſame, or any part there-
of, by will, in ſuch manner and form as any ſhare in the origi-
nal ſtock of ſuch body or bodies politick or corporate is devife-
able; and that the part or parts of the faid annuities of the faid
South-Sea company, which fhall be purchaſed as aforesaid, by
any perſon or perſons (not being a body politick or corporate) or
any part thereof, fhall or may be affignable and affigned by any
writing or writings under their hands and feals refpectively, and
fuch affignments over may be made toties quoties, fo as fuch af-
fignments be notified in the books of the auditor of the receipt
of the exchequer for the time being, and ſhall or may be difpof-
ed or deviſed by will, fo as every fuch will, within three months
after the deceaſe of every teftator, be entred in the fame office.
XII. And be it enacted by the authority aforefaid, That
ployed for ma- no perſon who fhall be employed in making any agreement for
king agree-
the fale or purchaſe of any part or parts of the ſaid annuities
ments for fale, of the South-Sea company, or in the management of the capital
&c. not difa- ftock to be aſcertained for the fame, or of the annuity or an-
bled to ferve in nuities fo to be purchafed, or in raifing the money to pay for the
parliament,
&c.
Perfons em-
fame, or otherwife, in the execution of this act, fhall for that
cauſe only, be difabled for ferving as a member of parliament,
or be liable to any penalty or diſability for not qualifying himſelf
to execute his truft purſuant to this act, as if it were an office or
place of profit; and that no member of any body or bodies
Perfonshaving
stock, &c. not politick or corporate which ſhall be intitled to ſtock, purſuant to
liable to bank- fuch agreement or agreements, and this act as aforesaid, ſhall in
ruptcy, nor fo- reſpect of his ſhare or ſhares therein, be liable to be a bankrupt,
reign attach within the meaning of any the ftatutes made concerning bank-
rupts, and the ftock of fuch body or bodies politick or corpo-
rate, aſcertained as aforefaid, fhall not be liable to any foreign
attachment, by the cuftom of London, or otherwife,
ment.
XIII. And it is hereby declared and enacted by the authority
Purchaſers to aforefaid, That ſuch perſon and perfons, body or bodies poli-
receive annui- tick or corporate, as fhall purchaſe any part or parts of the faid
annuities of the faid South-Sea company as aforefaid, his, her
ties till re-
demption by
OF
+
1.721.]
459
Anno octavo GEORGII I. c. 21.
or their executors, adminiſtrators, fucceffors and affigns rè- South-Sea
fpectively, fhall have, hold, receive and enjoy the fame at the company,
reſpective rates aforefaid, until the faid part or parts fo purchaſed
ſhall be redeemed purſuant to this act; and any body or bodies
politick or corporate purchaſing ſuch part or parts of the faid
annuities, or any part thereof, fhall continue a corporation un--
til ſuch redemption of the part or parts of the ſame annuities
which ſhall have been purchaſed by them.
}
nuities to
ceaſe.
XIV. Provided always, That at any time after the feaſt of After 24 June
the nativity of Saint John Baptift one thouſand ſeven hundred 1727, upon re-
and twenty seven, upon repayment by parliament, to the per- payment by
fon or perfons, body or bodies politick or corporate who fhall parliament of
capital stock,
then be intitled to the faid capital ſtock, in reſpect of the ſaid and upon pay-
part or parts of the faid annuities which fhall have been ſo pur- ment of ar-
chafed, of the whole fum whereof their capital ſtock in refpect rears, &c. an-
of the annuities fo purchaſed ſhall then confift according to this
act, without any deduction, defalcation or abatement whatſo-
ever to be made out of the ſame, or any part thereof, and upon
payment of all arrears which fhall be then due at the refpective
rates aforefaid, or either of them, upon the faid annuities which
ſhall be ſo purchaſed, all which arrears (if any fuch be) fhall be
computed and paid to the quarterly feaſt-day then next preced-
ing, and from thence fhall be computed and paid by the day,
till the time of fuch full payment made of the capital ſtock laft
mentioned, then the faid part or parts of the faid annuities which
fhall be purchaſed as aforefaid, fhall from thenceforth ceafe and
determine.
pal, &c. (not
part of annui-
ties
XV. And in regard it is intended that at any time or times after After 24 June
the faid feast of the nativity of Saint John Baptift one thousand 1727, on re-
feven hundred and twenty feven, the principal or total fum of the payment of
capital stock, which shall then belong to any person or perfons, body part of princi-
or bodies politick or corporate, in respect of any annuity or annuities being lefs than
to be purchaſed as aforefaid, may be fatisfied by any payments, not being one eighth) a
lefs than one eighth part thereof at a time, and that as the fame prin- proportional
cipal fhall be paid off, the faid annuities which shall have been pur-Perto cease.
chafed as aforefaid, fhall from time to time proportionably fink and be
abated: be it therefore further provided and enacted by the au-
thority aforefaid, That at any time or times after the ſaid feaſt
of the nativity of Saint John Baptift one thouſand ſeven hun-
dred and twenty feven, upon repayment by parliament to the
perfon or perfons, body or bodies politick or corporate, who ſhall
then be intitled to the capital ftock in refpect of the annuity or
annuities which ſhall have been purchaſed as aforefaid, of any fum
or fums of money (not being leſs than one eighth part thereof
at a time) in part of the principal monies whereof the fame capital
ſtock ſhall confift, and upon payment of all arrears then due at the
reſpective rates aforefaid, or either of them, for or upon the an-
nuities fo purchaſed, or ſo much of thoſe arrears as fhall bear a
proportion to the principal fums, from time to time, remaining
unfatisfied, being computed by the day, until the time of every
fuch payment of part of the principal refpectively; then, from
and
460
[1721.
Anno octavo GEORGII I. c. 21.
are redeemed
and after every fuch payment fo made, fo much of the faid an-
nuity or annuities which ſhall have been ſo purchaſed as afore-
faid, as ſhall bear proportion to the monies fo paid in part of
the faid principal, fhall ceafe, determine and be abated; any
thing in this or any former act or acts of parliament contained,
or other matter or thing whatſoever to the contrary notwith-
ſtanding.
After redemp-
XVI. Provided alfo, and it is hereby further enacted, That
tion of annui- from and after the redemption of the annuities which ſhall have
ties, the feveral been purchafed as aforefaid, according to the feveral and re-
duties hereby fpective provifoes or conditions of redemption in this act con-
applied, &c.
tained, then, and not till then, fo much of the feveral duties,
by parliament, revenues and incomes as are by this act applicable thereunto
during the continuance thereof, fhall be understood to be re-
deemed by parliament, and ſhall not be iffued, paid or applied
to any uſe, intent or purpoſe whatſoever, without authority of
parliament.
&c.
XVII. Provided alſo, and it is hereby enacted by the autho-
Capital ftock rity aforefaid, That fo much of the capital ftock of the faid
remaining af South-Sea company as ſhall remain in that company after fale of
ter 24 June
fuch part or parts thereof, as fhall be fold purſuant to this act
1727, redeem-
able by parlia- (if any part thereof shall be fo fold) fhall, after the faid feaft of the
ment, on pay- nativity of Saint John Baptift one thouſand ſeven hundred and
ment of fo twenty feven, be redeemable by parliament, upon payment of
much as the fuch fum and fums of money whereof their capital fhall then
capital fhall
then confift of, confift, (exclufive of fo much as fhall have been fold by them
purſuant to this act) and of all arrears of their annuities which
fhall then remain to them, and upon payment of the arrears of
the yearly fums allowed to the faid South-Sea company for
charges of management; and that the redemption of their ca-
pital fum fo remaining, fhall or may be made upon payment by
parliament at one time, or at ſeveral times (not being less than
one million at a time) according to the powers of redemption
contained in one act of parliament made in the fixth year of his
Majefty's reign, in that behalf.
&c.
C. I.
XVIII. And whereas the first moiety or half-part of the faid
Geo.1. ftat.2. rate of ten pounds per centum, for money borrowed of the faid South-
Sea company, was, by the before-mentioned act of the last feffion of
Claufe for re- parliament, limited to be paid on or before the twenty fifth day of
lief of perfons December one thousand feven hundred and twenty one, and divers
have the bene-perſons intended to be relieved by the laft mentioned act, having lapſed
fit of a late act the ſaid time of payment, are thereby at prefent excluded from the
touching pay- benefit of the faid act: for relief of the faid perfons, be it enacted
intended to
ment of ten
pounds per
cent, &c.
by the authority aforefaid, That if any perfon or perſons, in-
tended to have the benefit of the faid laft mentioned act, and
who have lapſed the faid time of payment, or the reſpective
heirs, executors or adminiftrators of fuch perfons, fhall pay to
the cashier of the faid company for the time being, to and for
the uſe of the ſaid company, at their publick office in London, fo
much money as a moiety of the ſaid ten pounds per centum, to
be computed on the fums fo refpectively borrowed, as in the faid
6
act
4
1721.]
461
Anno octavo GEORGII Í. C. 22. ·
}
act is expreffed, fhall amount to, on or before the twenty fifth
day of April one thouſand ſeven hundred and twenty two, with
intereft for the ſaid moiety of the faid ten pounds per centum, from
the faid twenty fifth day of December one thouſand ſeven hundred
and twenty one, then ſuch perſon or perſons fhall, upon fuch
payment made, or lawfully tendred, and being refuſed, and not
otherwiſe, be entitled to the benefit of the laſt mentioned act, as
fully as if fuch payment of the firſt moiety of the ſaid ten pounds
per centum had been duly made within the time limited by the
faid laft mentioned act.
CAP. XXII.
An all to prevent the mischiefs by forging powers to transfer
fuch stocks, or to receive fuch annuities or dividends as are
therein mentioned, or by fraudulently perfonating the true
owners thereof; and to rectify mistakes of the late mana-
gers for taking ſubſcriptions for increafing the capital
Stock of the South-Sea company, and in the inftruments
founded thereupon.
WH
HEREAS of late divers frauds and abufes have been com-
mitted by forging and counterfeiting the hands of fome of the
proprietors of the shares of and in the capital stock and funds of
Such body or bodies politick or corporate, as are eſtabliſhed by act or
acts of parliament in that behalf, or fome of them, or by forging or
counterfeiting the hands of perfons entitled to the dividends attending
the faid fhares, or fome of them, or by forging or counterfeiting the
hands of perfons entitled to annuities, in refpect whereof the proprie-
tors have transferrable ſhares in a capital stock or stocks established
by act or acts of parliament, in proportion to their respective annui-
ties; and divers frauds and abuſes have been or may be committed by
perfons falfly and deceitfully perfonating the true and real proprietors
of the faid fhares in stock, annuities and dividends, or ſome of them:
now for the better preventing fuch pernicious practices for the
future, be it enacted by the King's moft excellent majefty, by
and with the advice and confent of the lords fpiritual and tem-
poral and commons, in this prefent parliament affembled, and
by the authority of the fame, That if any perfon or perfons After 1 March
whatſoever, from and after the first day of March one thouſand 1721, forging
ſeven hundred and twenty one, fhall forge or counterfeit, or letters of at-
procure to be forged or counterfeited, or knowingly and wil- torney, &c.
fully act or affift in the forging or counterfeiting any letter of
attorney, or other authority or inftrument to transfer, affign,
fell or convey any ſuch ſhare or ſhares, or any part of fuch fhare
or fhares of and in fuch capital ſtock or ſtocks as aforefaid, or
any of them, or to receive any ſuch annuity or annuities, divi-
dend or dividends as aforefaid, or any of them, or any part
thereof, or fhall forge or counterfeit, or procure to be forged
or counterfeited, or knowingly and wilfully act or affift in the or counterfeit-
ing names of
forging or counterfeiting any the name or names of any the pro- proprietors,
prie-&c.
I
462
[1721
Anno octavo GEORGII I. c. 22.
per-
prietors of any fuch fhare or ſhares in ftock, or of any the
fons intitled to any fuch annuity or annuities, dividend or divi-
dends as aforefaid, in or to any ſuch pretended letter of attorney,
inftrument or authority, or fhall knowingly and fraudulently
demand, or endeavour to have any fuch fhare or fhares in ftock,
or any part thereof, transferred, affigned, fold or conveyed, or
fuch annuity or annuities, dividend or dividends, or any part
or falfly per- thereof, to be received by virtue of any fuch counterfeit or
fonating real forged letter of attorney, authority or inftrument, or ſhall falfly
proprietors of and deceitfully perfonate any true and real proprietors of the
Thares, &c. fe- faid fhares in ftock, annuities and dividends, or any of them,
lony.
7Geo. 2. c. 22. or any part thereof, and thereby transferring or endeavouring to
transfer the ſtock, or receiving or endeavouring to receive the
money of ſuch true and lawful proprietor, as if fuch offender
were the true and lawful owner thereof, then and in every or
any fuch cafe, all and every fuch perſon and perfons (being there-
of lawfully convicted in due form of law) fhall be adjudged guil-
ty of felony, and ſhall ſuffer as in cafes of felony, without be-
nefit of clergy.
II. And whereas by an inftrument in writing, bearing date the
ninth day of December one thousand feven hundred and twenty, un-
der the hands and feals of the then commiffioners of his Majefty's trea-
fury, fundry principal fums therein mentioned, amounting together to
eleven millions one hundred feventy two thousand five hundred ninety
three pounds fifteen fhillings and ten pence, were declared to be added
to the capital stock of the South-Sea company; and in respect of fuch
Stock feveral yearly fums, making together five hundred thirty nine
thoufand thirty fix pounds three fillings and eleven pence, were there-
by declared to be added to the annuity or yearly fund of the faid com-
pany, and to commence or take place from the feast of Saint Michael
the archangel then laft paft: and whereas feven millions five hundred
fifty eight thousand three hundred and fifteen pounds ten fillings and
three pence, part of the faid additional ſtock of eleven millions one bun-
dred Seventy two thousand five hundred ninety three pounds fifteen
Shillings and ten pence, was for principal fums fubfcribed into the faid
company the fifteenth day of October one thousand feven hundred and
twenty, for which an annuity at the rate of five pounds per centum
Geo. 1. c. 7. per annum, was payable at the bank of England, by virtue of an act
of the third year of his Majesty's reign, according to one duplicate of
a book of fubfcriptions, figned and attested by three of the late mana-
gers for taking fuch fubfcriptions, as in the faid inftrument is more fully
and at large fet forth: and whereas it is evident, That the faid prin-
cipal fum of feven millions five hundred fifty eight thousand three hun-
dred fifteen pounds ten fillings and three pence was a miſtaken prin-
cipal fum, for that the faid late managers, or those employed under
them, in bringing over the totals of fundry pages in the faid duplicate-
book, to make one total at the end thereof, had omitted to bring over
a fubfcription of two thousand pounds contained in the ſaid book
under the letter B, (page thirty three) and ſeveral fubfcriptions un-
der the letter M, beginning page thirty three and ending page forty,
and the fubfcriptions fo emitted to be brought over, do amount to
fixty
1721.]
Anno octavo GEORGII I. c. 22.
463
takes inSouth-
fixty Seven thouſand eight hundred thirty one pounds fix fhillings and
ten pences; and by means of the faid mistake, the faid company have
had lefs additional ſtock and additional annuity declared by the faid in-
ftrument than they ought to have had; that is to fay, fixty Seven
thousand eight hundred thirty one pounds fix fhillings and ten pence in
Stock, and three thousand three hundred and ninety one pounds eleven
fhillings and four pence lefs in additional annuity for that stock, which
annuity was to commence and take effect, in point of payment, from
the feast of Saint Michael the Archangel one thousand feven bun-
dred and twenty as aforefaid: Now for rectifying the faid mif-
takes, and to the end the faid company may have and enjoy fo
much as is their right; be it further enacted by the authority Treaſury to
aforefaid, That the commiffioners of his Majefty's treaſury, or rectify mif-
any
three or more of them, or the high treaſurer for the time sea books, &c.
being, ſhall and may rectify the miſtakes or errors committed
as aforefaid, by any new inftrument or inftruments under their
hands and feals, thereby declaring, fettling and determining, that
the principal fums, amounting to the faid fum of fixty feven
thouſand eight hundred thirty one pounds fix fhillings and ten
pence, are and ſhall be added to the preſent capital or joint ſtock
of the faid company; and that the yearly fum of three thouſand
three hundred ninety one pounds eleven fhillings and four pence,
being computed at the rate of five pounds per centum on the faid
principal fum of fixty feven thoufand eight hundred thirty one.
pounds fix fhillings and ten pence, is and fhall be added in re-
ſpect of fuch their additional ftock, to the preſent annuity or
yearly fund of the faid company, and fhall commence and take
effect from the ſaid feaſt of Saint Michael the archangel one thou-
ſand ſeven hundred and twenty, and continue and be payable
for fuch time and times, and in fuch manner and form, and
out of fuch particular duties, rates, revenues and other provifi-
ons as in and by the act of the fixth year of his Majefty's reign
were preſcribed or intended, in cafe fuch miſtakes had not been
made, and ſubject to fuch reduction, powers of redemption,
conditions, reftrictions and other matters and things as in and
by the fame act, or any other act now in force, were provided
or intended touching or concerning the fame; and the faid com- Treafury, by
miffioners of the treafury, or high treaſurer for the time being, writing, to de-
by fuch their inftrument or inftruments in writing, fhall and terminefhares,
may declare, fettle and determine, that every member of the &c.
faid company in proportion to his, her or their reſpective ſhares
in the capital ſtock thereof, increaſed by fuch addition, hath and
fhall have credit in the books of the faid company, for his, her
or their proportion or ſhare, of and in the whole capital ftock fo
increaſed, according to the true meaning of the act or acts of
parliament in that behalf.
III. And whereas by an inftrument in writing, bearing date the
twenty eighth day of September one thousand feven hundred and
twenty, under the hands and feals of the then commiffioners of his
Majesty's treasury, amongst other matters and things therein contain-
ed, feveral fums, amounting to eight millions five hundred fifty one
inftrument in
thot
464
[1721.
Anno octavo GEORGII I. C.22.
thousand fix hundred and eighteen pounds fifteen fillings, were de→
clared to be added to the capital flock of the faid company, and in respect
of fuch stock, feveral yearly fums, making together four hundred twen-
ty ſeven thousand five hundred and eighty pounds eighteen fillings and
nine pence, after the rate of five pounds per centum, were thereby
declared to be added to the annuity or yearly fund of the faid company,
to commence and take effect from the feast of the annunciation of the
bleſſed Virgin Mary then laft paft, according to a duplicate of a book
of fubfcriptions made on the twenty third day of June one thousand
Jeven hundred and twenty, figned and attefted by three of the late
managers for taking in fuch fubfcriptions, as in the faid inftrument is
more fully and at large fet forth: and whereas it is evident, that the
faid principal ſum of eight millions five hundred fifty one thouſand fix
hundred eighteen pounds and fifteen fillings was a mistaken principal
fum, for that the faid late managers and directors, or thoſe imployed
under them, did in one of their duplicates, containing part of the
faid eight millions five hundred fifty one thousand fix hundred eighteen
pounds and fifteen fillings, and the annuity to be paid to the faid
company thereupon (page eighty) infert a fubfcribed annuity of Sir
Harcourt Mafter, as if the fame had been forty five pounds per an-
num,and a credit was taken therein of nine hundred pounds stock for the
fame, although in truth the annuity which he actually fubfcribed, was
no more than twenty five pounds per annum, and the company's stock
for the fame should have been no more than five hundred pounds, and
the addition which ought to have been made to the faid company's an-
nuity or yearly fund in respect thereof, ought to have been twenty
five pounds per annum, and no more: now for rectifying the mi-
take laft mentioned, which tends to the wrong and prejudice of
the publick, and to the end the publick may have right done in
reſpect thereof, be it further enacted by the authority aforefaid,
That the commiffioners of his Majesty's treaſury, or any three
or more of them now being, or the high treaſurer for the time
ed, &c. may being, fhall and may, by any proper memorandum or memo-
cauſe 4001.
randums, to be endorſed or made upon the ſaid inſtrument, dated
part of the ca- the twenty eighth day of September one thouſand ſeven hundred
pital of
and twenty, and upon the fubfcription-books, wherein the er-
8,551,6181.15s. rors or miſtakes laft mentioned are inferted or comprehended,
annum,part of cauſe the fum of four hundred pounds, part of the faid
427,580l. 18s. capital fum of eight millions five hundred fifty one thouſand fix
9d. per ann. to hundred eighteen pounds and fifteen fhillings, and twenty pounds
25 March1720. per annum, part of the faid fum of four hundred twenty feven
Treafury by
memoran-
dums endorf.
and zol. per
be abatedfrom
thouſand five hundred eighty pounds eighteen fhillings and nine
pence per annum, to be abated and funk from the feaſt of the
annunciation of the bleffed Virgin Mary one thouſand ſeven
hundred and twenty; and if any payment of the faid fum of
twenty pounds per annum has been received by the ſaid compa-
Money receiv- ny at the exchequer, it is hereby enacted, That the money fo
received ſhall be repaid into his Majefty's exchequer, or be ſtopt
and refunded out of the next payment to be there made to the
faid company.
ed, to be re-
paid into the
exchequer.
IV. And whereas it doth or may hereafter appear, that ſeveral o-
ther
1721.]
465
Anno octavo GEORGII I. C.23.
:
other mistakes and errors have been or may have been committed in the
duplicates of the ſubſcription-books, tranfmitted to the commiffioners
of his Majesty's treafury for the time being, by the late or prefent
managers, for taking fuch fubfcriptions, or in the inftruments of the
commiffioners of his Majesty's treasury founded thereupon, in fome
cafes to the wrong and prejudice of the faid company, and in other cafes
to the prejudice of the publick: be it therefore further enacted by
the authority aforefaid, That it fhall and may be lawful to and Treafury to
for the commiffioners of his Majefty's treafury, or any three or examine du.
more of them, or the high treaſurer for the time being, to in- plicates, &c. of
ſpect and examine any the duplicates which were tranfmitted by late managers,
the preſent or
the preſent or late managers for taking any ſubſcriptions for in-
creafing the capital ſtock of the faid company, and if they or he
fhall find any errors or miſtakes therein to the prejudice of the
faid company or of the publick, to rectify the fame, by making
additions to the ſtock and annuity of the faid company, or by
making ſubſtractions from the fame, as the cafe may require, in
fuch or the like manner as by this act is preſcribed for rectifying and rectify
the ſeveral errors and miſtakes above in this act particularly men-
tioned and expreſſed.
CAP. XXIII.
An alt for prolonging the times for bearing and determining
claims before the trustees, in whom the eftates of the late
South-Sea directors, and of John Aiſlabie, efquire, and
likewife of James Craggs, efquire, deceased, are vefted;
and for other purposes therein mentioned.
I.
miſtakes.
¹·W¹ HEREAS by an act of parliament paſſed in the feventh 7 Geo.x,ftat.1.
year of his Majesty's reign, intituled, An act for raifing c. 28.
money upon the eftates of the late fub-governor, deputy-gover-fions relating to
Farther provi
nor, directors, caſhier, deputy-caſhier, and accountant of the the matters in
South-Sea company, and of John Aiflabie, Efquire, and likewife this act,
of James Craggs fen. efquire, deceafed, towards making good 9 Geo. 1. c. 6.
the great lofs and damage fuftained by the faid company; and 13Geo.1.c.22.
for diſabling fuch of the faid perfons as are living to hold any
office or place of truft under the crown, or to fit or vote in
parliament for the future; and for other purpoſes in the faid
act expreffed: it is enacted (amongst other things) That all and
every the real estate and eftates whatfoever, and of what nature or
kind foever, and all rights of action, ufes, trusts, powers and au-
thorities whatsoever, and all and every the share and Shares in the
capital stock or stocks of any corporation, company or fociety, and all
money due upon any account or accounts balanced or to be balanced, and
all other debts and fecurities for debts, and all ready monies, goods,
merchandizes, perfonal estate and effects whatsoever, of what nature
or kind foever, which Sir John Fellows, baronet, late fub-governor,
Charles Joye, efquire, late deputy-governor, and William Aftell,
efquire, Sir Lambert Blackwell, baronet, Sir John Blunt, baronet,
Sir Robert Chaplain, baronet, Sir William Chapman, knight and
baronet, Robert Chefter, efquire, Stephen Child, efquire, Peter
VOL. XIV.
Hh
Dela-
466
[1728.
Anno octavo GEORGII I. C.23.
Delaport, efquire, Francis Eyles, efquire, James Edmondfon,
efquire, Edward Gibbon, efquire, John Gore, efquire, Sir Wil-
fiam Hammond, knight, Francis Hawes, efquire, Richard Hor-
fey, efquire, Richard Houlditch, efquire, Sir Theodore Janffen,
knight and baronet, Sir Jacob Jacobſon, knight, Arthur Ingram,
efquire, Sir John Lambert, baronet, Sir Harcourt Mafter, knight,
William Morley, efquire, Ambrofe Page, efquire, colonel Hugh
Raymond, Samuel Read junior, efquire, Thomas Reynolds,
fquire, Jacob Sawbridge, efquire, William Tillard, efquire, and
John Turner, efquire, late directors of the corporation of the
governor and company of merchants of Great Britain trading to the
South-Seas, and other parts of America, and for encouraging the
fifbery, commonly called the South-Sea company, in the faid act named,
and alfo Robert Knight late treaſurer or cashier, Robert Surman
late deputy-cashier, John Grigsby late accountant to the faid corpora-
tion, and John Aiſlabie, eſquire, every or any of them, or any in trust
for them, every or any of them, upon the first day of June anno Do-
mini one thousand feven hundred and twenty, or at any time or
times afterwards, or which James Craggs the elder, efquire, de-
ceafed, or any perfon or perfons in truft for him at the time of his
death, was or were feifed or poffeffed of, or interested in, or en-
titled unto, in law or equity in their or any of their own rights,
or to his or their own ufe or ufes, or in partnership with any others
(except as in the faid act is afterwards excepted) were, by force
and virtue of the faid act, vefted and fettled in Sir John Eyles
baronet, Sir Thomas Crofs baronet, John Rudge, Matthew
Lant, Roger Hudſon, efquires, now Sir Roger Hudfon knight,
Edmund Halfey, John Lade, Gabriel Roberts, and Richard
Hopkins, efquires, now Sir Richard Hopkins knight, thereby no-
minated and appointed trustees for the ufes and purposes in the faid
act expreffed of and concerning the fame, and the heirs, executors,
adminiftrators and affigns of the fame trustees, from the respective
times in the faid act named, to the intent the fame might be fold and
difpofed of, or otherwife applied to and for the ufes and purposes in
the faid act expreffed concerning the fame, and that the clear monies
arifing thereby, should be appropriated to and for the use of the
South-Sea company, in fuch manner as is therein mentioned: and it
is thereby enacted, That the entries of fuch claims, as by the
faid act are directed, by or for any perfons or corporations in Great
Britain, fhould or might be made at any time before the twenty-fifth
day of December one thouſand ſeven hundred and twenty one, and by
and before any perſon or perſons refiding or being beyond the feas, or out
of Great Britain, should and might be made at any time before the
twenty fifth day of March one thousand feven hundred and twenty two :
and whereas in and by the faid act it is further enacted, That the faid
truſtees, or any three or more of them, ſhould and might inquire and
inform themselves, by or upon the teftimony of witneſſes upon oath,
or by the examination of the perfons making fuch claims upon oath
(all which oaths they, or any one or more of them, had thereby power
to adminifter) or by the infpection of any mortgages, bonds, bills,
notes, or other fecurities, or any accounts relating to the faid debts,
or any of them fo claimed, or by inspection of any grants, gifts, ſettle-
ments,
t
1721.]
Anno octavo GEORGII I. c.23.
457,
:
ments, conveyances, transfers, or affurances relating to the faid eftates,
interefts, or incumbrances fo claimed, or any of them, or by all or any
of the faid ways and means, or otherwife, according to their difcre-
tions, as foon as conveniently might be, touching all or any of the
debts, eftates, interefts, or incumbrances fo claimed, and ſhould make
a report or reports in writing of their proceedings therein, with their
opinions thereon, from time to time, to the court of directors of the
Jaid South-Sea company for the time being; and if the faid court of
directors for the time being should be fatisfied in the justice of fuch
claim or claims, or that any debt or fum of money ought to be paid
thereupon, or that the eftate, intereft, or incumbrance fo claimed, or
any part thereof, ought to be allowed, and fhall declare their fatif-
faction therein, by any refolution or refolutions of that court; and if
the party or parties, by or for whom fuch claim should be made, ſhould
likewife, in a book or books to be kept in the faid trustees publick
office for that purpoſe, declare in writing under his, her or their
hands, his, her or their acquiefcence in fuch refolution or refolutions
of the faid court of directors for the time being, touching his, her
or their debt, eftate, intereft, or incumbrance fo claimed, at any
time or times before the first day of August one thousand feven hun-
dred and twenty two, then in all and every fuch caje and cafes the
faid trustees, or any three or more of them, fhould give warrant for
the payment and diſcharge of every fuch debt or fum of money fo li-
quidated or adjuſted, out of fuch monies as ſhould come to the hands of
the cafhier of the faid South-Sea company for the time being, for the
purposes in the faid act expreffed: and it was by the faid act further
enacted, That the justices of the courts of King's bench and common
pleas, and the barons of the coif of the exchequer for the time being,
or any three or more of them, fitting at the fame time and place, and
not otherwife, should, and they were thereby authorized, from time
to time, to hear and determine all differences, difputes and contro-
verfies touching or concerning any debts, eftates, interefts, or incum-
brances, which should be claimed within the refpective times therein
before limited for making fuch claims, and could not or should not be
liquidated or adjusted between the faid court of directors for the time
being, and the refpective claimants within the time before limited in
that behalf, and all incidents relating thereunto, in fuch manner, as
by the ſaid act is directed: and by the faid act it is enacted, Geo.1, ſtat.zi
That the faid juftices and barons, or any three or more of them, up- c. 28.
en a complaint to be made by or for any claimant of any fuch debt,
eftate, intereft, or incumbrance, whofe claims fhould not be liquidated
or adjusted as aforesaid, (fo as fuch complaint be made on or before.
the five and twentieth day of December one thouſand ſeven hundred and
twenty two) should proceed in fuch manner as by the ſaid act is direct-
ed; and the faid juftices and barons, or any three or more of them,
in all cafes where they ſhould find that any debt or fum of money
ought to be paid to fuch claimant upon fuch claims, or that the eftate,
intereft, or incumbrance fo claimed, or any part thereof ought to be
allowed, fhould and might, at any time or times before the twenty
fifth day of March one thousand feven hundred and twenty three,
tranfmit a certificate or certificates thereof to the faid trustees in the
Hh 2
faid
$68
[1721.
Anno octavo GEORGI I. C. 24.
faid act nominated: and by the faid act it is provided and enacted,
That the powers given by the faid act to the faid juftices and barons,
for hearing and determining fuch differences, difputes and controver
fies relating to fuch claims as aforefaid, and iffuing their certificates
concerning the fame as aforefaid, fhould continue and be in force until
the twenty fifth day of March one thousand feven hundred twenty
and three, and no longer: now forafmuch as it is forefeen, that the
claims already brought in and entred, and which may be brought in
and entred, in pursuance of the faid recited act, cannot be heard and
determined as aforefaid, and that the powers thereto relating cannot
be executed within the refpective times limited in that behalf, and that
further time ought to be given for hearing and determining fuch
claims in manner as aforefaid, and alfo for better enabling the tru
ftees to execute the truft in and by the faid recited act in them vefted;
may it pleaſe your moſt excellent Majefty, that it may be en-
acted, &c.
Time for claimants acquiefcence in the refolution of directors, &c. en-
larged to 24 March 1722. For determining claims not adjuſted, enlarged
to 24 June 1723. For barons to tranfmit certificates, till 29 September
1723. Trustees may compound with partners or joint-dealers of the late
directors. Monies payable upon agreement, &c. to be paid to the caſhier
of the South-Sea company. Eftates of the late directors upon which
claims fhall be made, &c. may be fold. Monies arifing by fale, to be paid.
to Ceftui que Truft, &c. Or in safe of infancy, &c. of Cefiui que Truft, then
to fuch perfons as the chancery fhall direct. Grants, &c. by truſtees ef-
fectual in law. Truſtees may take bonds, &c. of the company in payment
at par, and ſtock from purchaſer, &c. at fuch price as fhall be agreed
upon between them, &c. Allowance of intereft to the late directors, &c.
for their fubfiftence. No ſpecial bail required in actions on contracts, &c.
made fince December 1719, and before 1 December 1720, for ſale of
Rock, &c. till 1 March 1722. EXP.
CAP. XXIV.
An alt for the more effectual fuppreffing of piracy.
WE
7HEREAS the number of perfons committing piracies, felonies
and robberies upon the feas, is of late very much increaſed;
and notwithstanding the laws already made and now in being, many
idle and profligate perfons have turned pirates, and betaken them-
felves to that wicked course of life, whereby the trade and naviga-
tion into remote parts will greatly fuffer, unless fome further pro-
vifion be speedily made for bringing fuch perfons, and all others,
who shall be any ways aiding and affifting, or in confederacy with
them, to condign punishment; be it therefore declared and enacted
by the King's most excellent majefty, by and with the advice,
and confent of the lords ſpiritual and temporal and commons,
After March in this preſent parliament affembled, and by the authority of the
25, 1722.com- fame, That if any commander or mafter of any ſhip or veffel,
manders of or any other perfon or perfons, fhall from and after the twenty
trading with fifth day of March which fhall be in the year of our Lord one
pirates, fur-
thouſand feven hundred and twenty two, any wife trade with
nihing them any pirate, by truck, barter, exchange, or in any other manner,
with itores,
or fhall furnish any pirate, felon or robber upon the feas, with
correfponding
with them, &c, any ammunition, provifion or ftores of any kind, or fhall fit
ſhips or others,
out
"
1721.]
469
Anno octavo GEORGII I. C. 24.
4
out any fhip or veffel knowingly, and with a defign to trade
with, or fupply, or correfpond with any pirate, felon or rob-
ber upon the feas, or if any perſon or perſons ſhall any ways
confult, combine, confederate or correfpond with any pirate,
felon or robber on the feas, knowing him to be guilty of any fuch
piracy, felony or robbery, fuch offender and offenders and every
of them, fhall in each and every of the faid cafes be deemed, ſhall be ad-
adjudged and taken to be guilty of piracy, felony and robbery, judged guilty
and he and they fhall and may be inquired of, tried, heard of piracy, &c.
according to
and adjudged of and for all or any the matters aforefaid, ac- the 28 H. 8.
cording to the ftatute made in the twenty eighth year of King c. 15. and 18
Henry the Eighth for pirates, and the ftatute made in the eleventh & 12 W. 3.
and twelfth years of the reign of his late majefty King William C. 7.
the Third, intituled, An act for the more effectual fuppreffing of See 18 Geo. 2.
piracy, which by an act made in the fixth year of his prefent
Majefty is made perpetual, and he and they being convicted of
all or any the matters aforefaid, fhall fuffer fuch pains of death,
lofs of lands, goods and chattels, as pirates, felons and robbers
upon the feas, ought to fuffer; and in cafe any perfon or per- Perfons be-
fons belonging to any fhip or veffel whatſoever, upon meeting longing to any
any merchant-ſhip or veffel on the high feas, or in any port, boarding any
veffel, forcibly
haven or creek whatfoever, fhall forcibly board or enter into merchant-
ſuch ſhip or veffel, and though they do not feize and carry hip, and
off fuch fhip or veffel, fhall throw over-board, or deftroy any throwing any
part of the goods or merchandizes belonging to fuch fhip or goods over-
veffel, the perfon or perfons who ſhall be guilty thereof, fhall board, fhall be
puniſhed as
in all refpects be deemed and puniſhed as pirates as aforefaid. pirates.
C. 30.
II. And be it further enacted by the authority aforefaid, That Ships fitted
every fhip or veffel which fhall be fitted out with a deſign to out to trade
trade with, or fupply, or correfpond with any pirate, and all with pirates,
and the goods
and every goods and merchandizes put on board the fame for forfeited, half
any intent or purpofe to trade with any pirate, felon or robber to the crown,
on the feas, ſhall be ipfo facto forfeited; one moiety thereof to half to the dif
the uſe of the King's majefty, his heirs and fucceffors, the other coverers.
moiety to the perfon or perfons who fhall firft make dif-
covery, and give information of fuch intent or defign; and ſuch -
perfon or perfons who fhall firft make fuch diſcovery, fhall and To be ſued for
may fue for and recover the faid fhip or veffel, and all and every in the admi-
the goods and merchandizes on board the fame, in the high ralty.
court of admiralty.
III. And whereas there are fome defects in the laws for bringing
perſons, who are acceffaries to piracy and robbery upon the feas, to
condign puniſhment, if the principal who committed fuch piracy and
robbery, is not or cannot be apprehended and brought to justice; be Perfons de
it therefore enacted by the authority aforefaid, That all and every clared acceffa-
perfon and perfons whatſoever, who by the faid ftatute made in ries to piracy
the eleventh and twelfth years of the reign of King William the by 11 & 12 W.
Third, are declared to be acceffary or acceffaries to any piracy deemed prin-
or robbery therein mentioned, are hereby declared, and fhall cipals, and
be deemed and taken to be principal pirates, felons and robbers, after March
and ſhall and may, from and after the faid twenty fifth day of 25,1722. fuffer
Hh3
March
3. C. 7. fhall be
as fuch.
:
470
[1721.
Anno octavo GEORGII I. c. 24.
Offenders con-
vited on this
act, excluded
March one thouſand ſeven hundred and twenty two, be inquir-
ed of, heard, determined and adjudged, in the fame manner as
perfons guilty of piracy and robbery may and ought to be in-
quired of, tried, heard, determined and adjudged by the faid
ftatute made in the eleventh and twelfth years of his late majefty
King William, and being thereupon attainted and convicted,
fhall fuffer fuch pains of death, lofs of lands, goods and chat-
tels, and in like manner as pirates and robbers ought by the
faid act to fuffer.
IV. And be it further enacted by the authority aforesaid,
That all and every offender or offenders convicted of any piracy,
the benefit of felony or robbery by virtue of this act, fhall not be admitted to
clergy. have the benefit of clergy, but be utterly excluded of and from
the fame.
Seamen maim-
fhall receive
C. 11. and be
admitted into
Greenwich
Hofpital.
Mafters or fea-
V. And to the end that a further encouragement may be
ed in fight a- given to all feamen and mariners to fight and defend their thips
gainst pirates, from pirates, be it enacted by the authority aforeſaid, That in
the rewards in cafe any feaman or mariner on board any merchant-ſhip or vef-
22 & 23 Car.2. fel, or any other ſhip or veffel, fhall be maimed in fight againſt
any pirate, every fuch feaman and mariner, upon due proof
of his being maimed in fuch fight, fhall not only have and re-
ceive the rewards already appointed by a ftatute made in the
twenty fecond and twenty third years of the reign of King
Charles the Second, intituled, An act to prevent the delivering up
of merchant-hips, and for the increafe of good and ferviceable fea-
men, but fhall alſo be admitted into and provided for in Green-
wich Hofpital, preferable to any other ſeaman or mariner who is
difabled from fervice or getting a livelihood merely by his age.
VI. And be it further enacted by the authority aforefaid,
men not de- That in cafe any commander, mafter, or other officer, or any
fending them-
felves againſt ſeaman or mariner of any merchant-ſhip or veffel which car-
pirates, or who ries guns and arms, fhall not when they are attacked by any
fhall utter any pirate, or by any fhip or veffel on which any fuch pirate is on
difcouraging board, fight and endeavour to defend themſelves, and their faid
words, fhall, if
the hip be ſhip or veſſel from being taken by the faid pirate, or ſhall utter
taken, forfeit any words to difcourage the other mariners from defending the
their wages to ſhip, and by reaſon thereof the ſaid ſhip or veſſel ſhall fall into
the hands of fuch pirate, then and in every fuch cafe every ſuch
and fuffer fix commander or mafter, or other officer, and every feaman or
prifonment. mariner, who fhall not fight and endeavour to defend and fave
the ſaid ſhip or veſſel, or who fhall utter any fuch words as
aforefaid, fhall lofe and forfeit all and every part of the wages
due to him and them reſpectively, to the owner and owners of
the ſaid (hip or veffel, and ſhall not be permitted to fue for or
recover the fame, or any part thereof, in any court either of
law or equity, and as a farther puniſhment ſhall ſuffer fix months
impriſonment.
the owners,
months im-
Mafters fhall
VII. And for prevention of feamen or mariners deferting mer-
not advance chant-ſhips or veſſels abroad in the plantations, or in any other parts
to any feaman beyond the feas, which is the chief occafion of their turning pirates,
above half his and of great detriment to trade and navigation, and is chiefly occa-
wages, while
fioned
5
1
t
1
1721.]
471
Anno octavo GEORGII I. C. 24.
!
་
on forfeiture
fioned by the owner or owners of ſhips or veſſels, paying wages to the beyond ſea,
Seamen or mariners when abroad: be it enacted by the authority of double the
aforefaid, That no mafter or owner of any merchant-fhip or fum advanced,
veffel fhall pay or advance, or cauſe to be paid or advanced to to be recover-
any ſeaman or mariner, during the time he ſhall be in parts be- ed in the ad-
miralty by the
yond the feas, any money or effects upon account of wages, informer.
exceeding one moiety of the wages which fhall be due at the
time of ſuch payment, until fuch fhip or veffel fhall return to
Great Britain or Ireland, or the plantations, or to fome other of
his Majeſty's dominions whereto they belong, and from whence
they were firſt fitted out; and if any fuch mafter or owner of
fuch merchant-fhip or veſſel ſhall pay or advance, or cauſe to be
paid or advanced, any wages to any feaman or mariner above
the faid moiety, fuch maſter or owner ſhall forfeit and pay double
the money he fhall fo pay or advance, to be recovered in the
high court of admiralty, by any perſon who ſhall firſt diſcover
and inform of the ſame.
ſhall receive
&c. fhall for-
wages.
VIII. And whereas great interruptions and inconveniencies may at- Commander
tend his Majesty's fervice, by the captains or commanders, or other of a man of
officers of his Majesty's ships or vessels of war, their receiving on war, who after
board ſuch ſhips or vellels goods and merchandizes, and trading there- Sept.29, 17221
with contrary to inflructions, which ſtrictly forbid their doing the any goods on
fame: to prevent therefore the faid interruptions and inconve- board, except
niencies for the future, be it enacted by the authority aforefaid, gold, filver,
That in cafe any captain, commander, or other officer of any feit his com-
of his Majefty's fhips or veffels of war, whether fuch fhip or mand, be in-
veffel fhall be employed at home or abroad, fhall from and after capacitated,
the twenty ninth day of September in the year of our Lord one and loſe his
thouſand ſeven hundred and twenty two, receive on board, or So much of this
permit to be received on board, fuch fhip or veffel of war, any claufe, as di-
goods or merchandizes whatſoever, in order to trade or mer- rects the punish-
chandize with the ſame, either upon his own or any other per- ment to be in-
fon's account, except gold, filver or jewels, and except the goods ficted by a court
martial on any
or merchandizes belonging to any merchant-fhip or veffel which captain or other
may be fhipwrecked, or in imminent danger of being fhipwreck- officer, is re-
ed either on the high feas, or in any port, creek or harbour, pealed by
within his Majefty's dominions at home or abroad, or elſewhere, 22 Geo.2. c. 33.
in order to the preferving them for their proper owners; and
except fuch goods or merchandizes as they ſhall at any time be
ordered to take or receive on board, by order of the lord high
admiral of Great Britain, or the commiffioners for executing
that office for the time being, or any three or more of them;
every fuch captain, commander or officer of any of his Maje-
fty's fhips or veffels of war fo offending, thall upon his being
convicted thereof by a court martial, lofe and forfeit the com-
mand and office he then fhall have in the faid fhip or yeffel of
war, and fhall be, and he is hereby for ever afterwards rendred
uncapable to ſerve any longer in the fame, or in any other place
or office in the naval fervice of his Majefty, his heirs and fuc-
ceffors; and fuch captain, commander, or other officer offending
as aforefaid, fhall as a further puniſhment for his faid offence,
Hh 4
lofe
472
[1727;
Anno octavo GEORGII I. C. 25.
lofe and forfeit to his Majeſty, his heirs and fucceffors, all the
wages due to him for his fervice in the fhip or veffel of war
whereunto he ſhall belong, when or at any time after fuch of-
fence ſhall be committed.
Such com. IX. And be it further enacted, That the faid captain com-
mander and
the proprie-
mander, or other officer of the faid ſhip or veſſel of war, and
tors of the
all and every the owners and proprietors of fuch goods or mer-
goods fhall
chandizes put on board ſuch ſhip or veffel of war as aforesaid,
forfeit the va- fhall lofe, forfeit and pay the value of all and every fuch goods
lue thereof, to and merchandizes fo put on board as aforefaid; one moiety of
the discoverer,
and Green- fuch full value to fuch perfon or perfons as fhall make the first
wich Hoſpital. diſcovery and give information of or concerning the faid offence,
Tobe recover- the other moiety of fuch full value to and for the uſe of Green-
ed in the ad- wich Hofpital, all which forfeitures fhall and may be fued for
and recovered in the high court of admiralty.
miralty.
To extend to
Afia, &c.
To be taken
as a publick
act, and be in
force for ſeven
years, &c.
23 H. 8, c. 6.
X. And be it alfo enacted, That this act fhall extend to all
his Majefty's dominions in Afia, Africa and America, and thall
be taken as a publick act, and fhall continue in force for feven
years, and from the twenty-fifth day of March one thouſand
ſeven hundred and twenty two, and from thence to the end of
the then next feffion of parliament. Made perpetual by 2 Geo,
2. c. 28. fect. 7.
CAP. XXV.
An act for fupplying fome defects in the ftatute of the twenty
third of King Henry the Eighth, intituled, An act for
obligations to be taken by two chief juſtices, the mayor
of the ſtaple, and the recorder of London, and for ſet-
ting down the time of ſigning judgments in the principali-
ty of Wales, and counties palatine.
WHEREAS
HEREAS recognizances in the nature of a fatute-flaple,
which are by the ftatute of the twenty third of King Henry
the Eighth, appointed to be taken by the two chief juflices, the
mayor of the flaple, and the recorder of London, are common and
beneficial fecurities; but in regard the fame are liable to damage and
lofs that may happen by fire, and otherwife, and by reason of diffi-
culties arifing by defects in the faid ftatute, great inconveniencies do
accrue to his Majesty's fubjects: for remedy thereof, and for mak-
In what man- ing the faid fecurity more effectual, be it enacted by the King's
ner the rolls moft excellent majefty, by and with the advice and confent of
appointed by the lords fpiritual and temporal and commons, in this prefent
23 H. 8. c. 6. parliament affembled, and by the authority of the fame, That
to be made of from and after the twenty fifth day of March which ſhall be in
recognizances
in the nature the year of our Lord one thouſand ſeven hundred and twenty
two, the rolls appointed by the faid recited ftatute to be made
of fuch recognizances, ſhall be varied and made in manner fol-
lowing; (that is to fay) The clerk of the faid recognizances for
the time being, or his deputy, fhall yearly from thenceforth pre-
pare and keep three parchment-rolls as ufual, and fhall at the
times of acknowledging of every ſuch recognizance, fairly write
of a ſtatute-
staple, after
March 25,
1722. fhall be
varied.
6
or
1
1721.]
473
Anno octavo GEORGII I. C. 25.
or ingrofs, inſtead of the heads or contents thereof, on the ſaid
rolls, the full tenor, in hæc verba, of every fuch recognizance;
and that one of the faid rolls fhall contain all the recognizances
to be taken before the chief juftice of the King's bench for the
time being; and one other of them ſhall contain all the recogni-
zances to be taken before the chief juſtice of the court of com-
mon pleas for the time being; and the other of them ſhall con-
tain all the recognizances before the mayor of the ftaple at Weft-
minſter and recorder of London for the time being; and that at
the time of every fuch acknowledgment the reſpective perſons,
before whom fuch recognizances fhall be taken, and alſo the
party and parties acknowledging the fame, ſhall alſo ſign their re-
ſpective names to the roll or inrolment of every recognizance fo
taken under the inrolment thereof, as well as fign and feal the
fame recognizance; and that all the faid three rolls fo figned
ſhall at the end of every year be fixed together, and be thereby
made one roll, as accuſtomed, and be and remain in the cuftody Clerk of the
of the clerk of the recognizances, or his deputy, in his publick recognizances
office in London or Middlefex, who fhall keep a docket to refer to keep a doc-
to the faid roll or rolls, for the benefit of ſearches by purchaſers fearches.
quet for
and others (as uſed to be) to which docket alſo ſhall be added
the day, month and year of every ſuch acknowledgment.
recognizance,
II. And be it further enacted by the authority aforefaid, Any lofs hap-
That in cafe any loss or damage fhall happen to any ſuch re- pening to fuch
cognizance, the fame fhall and may, from any of the faid rolls, mhall be certi
fo to be kept in the cuftody of the faid clerk, or his deputy, fied by the
in order to have procefs thereon, be by him or them, by certi- clerk, or his
ficate under his or their feal, certified into chancery in like man- deputy, into
ner as recognizances by the faid recited act are directed, and as chancery.
if the faid recognizance had not been loft or damaged; and that A tranfcript
23 H. 8. c. 6.
to fuch certificate, and all other certificates of fuch recognizances, of the entry
ſhall be annexed a true tranſcript of the entry of fuch recogni- to be annexed
zance to be taken from the faid roll or rolls in his or their to fuch certi-
ficate;
cuftody; and further, that in caſe of any fuch lofs or damage, a
like certificate, with fuch tranfcript annexed as aforefaid, fhall
be made, and be left and remain with the clerk of the petty-
bag-office in chancery, and fhall be as good and effectual as if
the faid recognizance under feal had been left in the fame office,
as hath been uſed upon the iffuing out of procefs in the fame
office; and that in order to prove fuch ftatutes and recogni- and in cafe of
zances, in caſe of any fuch lofs or damage, a true copy or co-
lofs, a copy
pies from the faid roll or rolls, in the cuftody of the faid clerk, figned, &c.
from the roll,
or his deputy, made and figned by the ſaid clerk or his deputy, shall be good
and duly proved, fhall be deemed good evidence of fuch recog- evidence of
nizances, and be of the fame validity, to all intents and pur- fuch ſtatute.
pofes, as if the faid original recognizances were produced under
feal.
III. And whereas by the faid ftatute of the twenty third of King 23 H. 8. c. 6:
Henry the Eighth, there was due to his Majesty a fee of one half- The profecu-
penny in the pound (according to the value or fum entred into and tor fhall de-
contained in every ſuch recognizance) to be paid on ſealing the first office a note
process
liver into the
474
[1721.
Anno octavo GEORGII I. c. 25.
teftifying the
fum intended
to be extend-
ed.
proceſs on every fuch recognizance, as in the faid act is appointed,
which is very heavy on every profecutor on every fuch recognizance,
by reaſon fuch fum fo entred into, is fometimes only intended as a pe-
nalty for the payment of a leſſer fum, or for fecuring damages for
the non-performance of covenants, or otherwife; and whereas the
fees and charges taken or demanded by Sheriffs in getting an extent or
execution, and Liberate and poffeffion or feifin, executed on every
fuch recognizance, are very expenfive, in regard the fame are not
fettled for remedy in all and every the faid cafes, be it further
enacted by the authority aforefaid, That the profecutor of every
fuch recognizance fhall, at the time of fuing out the firſt pro-
cefs, or a writ of extent thereon, deliver in to the officer (who
ſhall make out fuch proceſs or extent) a note in writing under
his hand, teſtifying the fum or value of the damages thereby
intended to be extended or levied thereon, which fum or value
the faid officer fhall infert in the ſaid writ to be only extended
One halfpenny or levied thereon, and no more; and that the faid poundage of
per pound on-
ly, to be taken one halfpenny payable on all procefs as aforefaid, fhall be taken
as poundage. and paid only for every pound, according to the faid ſum or
value fo inferted, and intended to be extended or levied as a-
forefaid, and not otherwiſe.
In what cafes
extents.
IV. Provided always, and it is hereby further enacted by the
the chancery authority aforefaid, That in cafe it fhall, at any time or times,
may award re. before or after the filing or returning of any Liberate or Libe-
rates fued out on any fuch extent or extents, be made appear
to the court of chancery, that fufficient has not been extended
and levied, or ſufficiently extended and levied, to fatisfy fuch
recognizance, or that any omiffion, error or miſtake has hap-
pened in making, fuing out, executing or returning any of the
faid writs, or any procefs thereupon; or fhould it happen that
any lands, tenements or hereditaments, fhall hereafter be evic-
ted from any perfon or perſons, who fhall have extended the
fame by virtue of any fuch writ or procefs as aforefaid; that
then and in every ſuch caſe the ſaid court of chancery ſhall and
may award one or more re-extent or re-extents for the fatisfying
the fame as aforefaid, and that writs of Liberate or Liberates
may be fued out thereupon; any law or ſtatute to the contrary
thereof in any wife notwithſtanding.
Nofheriff (hall
than are ap-
pointed by the
act 3 Geo. 1.
c. 15. fect. 16.
V. And be it further enacted by the authority aforefaid, That
take more fees no ſheriff of any county fhall take for the extent and Liberate,
and Habere facias poffeffionem or Seifinam, on the real eſtate, and
levy on the perſonal eſtate, by virtue of fuch extent, any more
than the fame fees as are appointed by an act made in the third
year of his prefent Majefty's reign, intituled, An att for the bet
ter regulating the office of Sheriffs, and for afcertaining their fees,
and the fees for fuing out their patents and paſſing their accounts,
for executing a writ of Elegit and Habere facias poffeffionem or
Seifinam, under the like penalties and forfeitures, and to be in
like manner recovered againſt every fheriff or perſon therein
offending, as the fame are mentioned and appointed in and by
the fame act.
VI. And
1
1
1
1731.]
475
Anno octavo GEORGII I. c. 26.
VI. And whereas the provifion which by an act of parliament made
}
in the twenty ninth year of the reign of King Charles the Second, in- 29 Car. 2. c. 3.
tituled, An act for prevention of frauds and perjuries, was made fect. 14.
for fetting down the day of the month and year of figning judgments
in his Majefty's courts of Weſtminſter bath proved very beneficial to
purchafers, but hath not yet been extended to the courts of the prin-
cipality of Wales, or of the counties palatine: be it therefore en- How judg-
acted by the authority aforefaid, That from and after the twenty ment fhall be
fourth day of June one thouſand feven hundred and twenty two, figned in the
any judge or officer of any of the courts of great feffion in the courts of the
grand feffion
principality of Wales, or courts of feffion in the counties pala- in Wales, and
tine of Chefter, Lancaster and Durham, that thall fign any judg- in the courts
ments, fhall at the figning the fame, without fee for doing the of feffion in
fame, fet down the day of the month and year of his ſo doing,
palatine, and
upon the paper-book, docket or record which he ſhall fign, from what
which day of the month and year fhall be alfo entred upon the time they ſhall
margent of the roll of the record where the faid judgment fhall relate.
be entred, and that fuch judgments, as againſt purchaſers bona
fide for valuable confideration of lands, tenements or heredita-
ments to be charged thereby, thall in confideration of law, be
judgments only from fuch times as they fhall be fo figned, and
fhall not relate to the firſt day of the feffion whereof they are
entred, or the day of the return of the original or filing the bail;
any law, ufage or courfe of any court to the contrary notwith-
ſtanding,
CAP. XXVI.
An act for better fupplying the city and liberties of Weft-
minfter, and parts adjacent, with water.
W HEREAS by reaſon of the great increaſe of buildings and
inhabitants in about the city of Weſtminſter, the liberty there-
of, and divers other places in the county of Middlefex, there are
greater occafions for water, for the fafety and necessary uses of the
Said inhabitants, than are ſupplied by the water-works now in being,
and for want thereof, many great and dangerous inconveniencies do hap-
pen which would be remedied, and great advantages accrue, if new
waterworks were erected in convenient places for providing and ſup-
plying the faid inhabitants with good and wholeſome water from the
river Thames, by one or more cut or cuts to be made at any conve-
nient place or places between the grounds belonging to the royal hofpital
at Chelsea, and the houses or grounds, commonly called the Neat
Houſes, in the county of Middleſex, into canals and ponds proper
for receiving the fame; and from thence to convey and raife fuch
water into convenient refervatories, to be erected or made at any place
or places between the places called Oliver's Mount and Hyde Park,
for the purposes of this act may it therefore please your most excel-
lent Majeftý, That it may be enacted, &c,
Commiffioners appointed for fupplying the city and liberties of Weſtmin-
fter, and parts adjacent with water from the Chelſea Waterworks. Per-
fons interrupting, pulling down, &c. the waterworks, fhall forfeit to the
com-
the counties
476
[17216
Anno octavo GEORGII I. c. 27.
commiffioners treble damages, &c. The crown may by letters patents in-
corporate the Commiffioners, who may purchaſe lands not exceeding
1000 l. per annum. The crown may likewife by letters patents impower
them to make by-laws, and inflict penalties for the breach thereof. The
commiffioners may maintain and cleanſe their watercourſes, make new
ponds, &c. Perfons cafting into the watercourfes, &c. any filth, &c. or
doing other annoyance thereto, fhall forfeit 40 s. with double damages and
full cofts of fuit. Commiffioners, before they intermeddle with any lands,
&c. fhall firſt agree with the proprietors. They may lay pipes in high-
ways, but ſhall repair the fame. They may lay pipes through any freets
or common grounds about Weſtminſter, making good the fame, and car-
rying away the rubbish. At the request of the inhabitants the commif-
fioners ſhall ſet up pipes upright in the likenefs of pumps, for conveying
water into fire-engines. Locks to be fitted to fuch pipes, and churchwar-
dens to keep the keys. This act ſhall not hinder the new river company,
&c. from enjoying all lawful rights, &c. No proprietors of waterworks
hall hinder, &c. the laying, &c. of the faid pipes, &c. No ſharer fhall
transfer his ſhare till water be brought into the reſervatory intended to be
made near Oliver's Mount.
CAP. XXVII.
An att for the better preventing abufes committed in weigh-
ing and packing of butter in the city of York:
F
ORASMUCH as butter is one of the chief commodities of
the product of ſeveral parts of the county of York, and county
of the fame city, and great quantities thereof are brought into the city
of York, from thence to be transported beyond the feas, and otherwife
difpofed of: and whereas there hath, time out of mind, been within
the jaid city a free market for butter, which for many years laſt paſt
hath been kept in Micklegate in the faid city: and whereas the
bringing of butter to the ſaid market, where the fame was fearched
and weighed, hath been found to be the most effectual means of pre-
venting the falſe weighing and packing of butter, and did formerly
gain a great reputation, both at home and abroad, to butter brought
to the faid market; but of late years feveral farmers of dairies, own-
ers, and other traders in butter, the better to conceal the falfe weighe
ing and packing of their butter, to be by them difpofed of, have ne-
glected to bring the fame to the faid market to be fearched and weigh-
ed, by means whereof not only the traders in the faid commodity at
home, but foreigners also have been greatly deceived in the weight,
goodness and foundness thereof, and thereby the faid commodity yields
not that price, nor is fold in fuch quantities, as otherwife it would
be: for remedy whereof, and for the better encouraging the faid
butter-trade, and (in order thereunto) for the better preventing the
frauds and abufes in the weighing and packing of butter; may it
pleaſe your moſt excellent Majefty (at the humble request of
the mayor and commonalty of the faid city) that it may be en-
acted, &c.
After March 25, 1722. Micklegate, or any other place in York, (at the
election of the mayor, &c.) fhall every day in the week, except Sundays,
be a free market for butter. All butter brought to York to be fold, ex-
ported, &c. fhall be weighed, fearched and fealed at the market at one
half-penny a firkin, &c. Dairy-farmer, &c. felling or tranſporting butter
before it be brought to the market to be viewed, &c. fhall forfeit for eve-
xy firkin, &c. 3 s. 4 d. One half to the poor, where, &c, the other to the
informer.
1721.]
477
Anno octavo GEORGII I. c. 28, 29.
informer. If any firkin, &c. of butter, fhall be faulty in quantity or qua-
lity, the owner fhall be liable to the forfeitures in 13 & 14 Car. 2. c. 26.
Profecution to be in four months. The mayor to appoint the fearcher,
who fhall be fworn at Eaſter feffions. Perfons aggrieved may appeal to
quarter-feffions, whofe determination fhall be final. This act fhall not
extend to any veffel, containing only four pounds or under.
CAP. XXVIII.
An act for fupplying the records of the commiffary court of
Aberdeen, burnt or loft in the late fire there.
W
HEREAS an accidental dreadful fire happened within the
town of Aberdeen, on or about the thirtieth day of Octo-
ber one thousand feven hundred and twenty one, whereby the office,
commonly called the commiſſar clerks office, was fuddenly confumed,
and at the fame time the registers and records therein of all teflaments
and confirmations, all acts of curacy, judicial renunciations, ratifi-
cations, decreats, difpofitions, bonds, bills, and other writs and evi-
dences, together with the principal writings themſelves, then in the
faid office as the warrants of extracts and precepts, were intirely
burnt and destroyed, whereby many perfons are and will be in great
danger of lofing their rights, by reafon the extracts of fuch writings
and precepts as are in their hands, will not be fufficient, as the law
now ftands, to defend them against actions of improbation: for re-
lieving therefore of ſuch perſons, and for preventing any incon-
veniency or prejudice that may at any time happen to them
from fuch actions of improbation, be it enacted, &c.
This act is made more effectual by 9 Geo. 1. c. 25. Perfons who before March
25, 1723. fhall be poffeffed of any extract or precept given out of the
commiffary court of Aberdeen fince October 30, 1621, and before October
30, 1721. may, before March 25, 1723. tender the fame to the clerk of
the commiffariot, which shall be marked by the commiffar, who, together
with his clerk fhall fign a minute, &c. which fhall be of the fame authori-
ty as the old extracts before they were burnt. The extracts delivered in
ſhall remain in the office. Extracts produced in proceſs ſhall be deemed
fufficient to fatisfy the production in any action of improbation, &c. The
lords of feffion are to find the production fatisfied in any action of impro-
bation, by the depofited extract. The lords of feffion fhall make up the
tenor of fuch writings, as they think ſufficient evidence that ſuch writings
were recorded. The clerk or his deputy to give notice to perfons in-.
tereſted in writings fo burnt.
CA P. XXIX.
An alt for preventing delays in the execution of the trust repof-
ed in the governors of the hospital of King James, founded
in Charter-Houfe, at the charges of Thomas Sutton, efq;
for the benefit of the faid hofpital.
WH
HEREAS the governors of the hofpital of King James,
founded in Charter-houfe within the county of Middleſex,
at the humble petition and only costs and charges of Thomas Sutton,
efquire, are a body corporate and politick, by the name of the gover-
nors of the lands, poffeffions, revenues and goods of the hoſpital of King
James, founded in Charter-Houfe within the county of Middle-
ſex, at the humble petition and only cofts and charges of Thomas Sut-
ton,
478
[1721.
Anno octavo GEORGII I. C. 30, 31.
ton, efquire. And whereas the number of the faid governors is fix-
teen, and confequently, whilst the faid number is full, by law there
must be nine of the ſaid fixteen preſent to make any corporate aſſembly,
or do any corporate act and whereas by reason of the great quality
and ftations of feveral of the governors, and the distance of their re-
Spective habitations and places of abode, it is by experience found dif-
ficult to get an aſſembly of nine, ſo often as the affairs of the faid cor-.
poration do require; and inafmuch as by law the confent of five is fuf-
ficient to do a corporate act, fuppofing nine to be prefent: may it
therefore pleaſe your Majefty, That it may be enacted, &c.
The acts and deeds of any five of the governors of the Charter Houſe, du-
ly affembled there, fhall be deemed the acts and deeds of the corpora-
tion, as if done at a corporate meeting by all the governors.
CAP. XXX.
100e0.2, c.36. An act for repairing the highways from the Stone's End at White Chapel
church in the county of Middlefex, to Shenfield, and to the furthermoft
part of the parish of Woodford, leading to the town of Epping in the
county of Effex.
Preamble re-
citing the laſt
will of Wil-
liam Seve-
nocks.
CAP. XXXI.
An act to veft the ground, wharf and key, called Wool Key,
in the parish of All-Saints Barking in the city of London,
with the buildings and warehouses thereupon, in truſtees
for his Majefty, his heirs and fucceffors for ever, fubject
to an agreement made on his Majesty's behalf with the war-
dens and affiftants of the free-fchool in Sevenoake in the
county of Kent.
HEREAS William Sevenocks, citizen and grocer of
W
London, by his last will and teftament, bearing date the
fourth day of July in the year of our Lord one thouſand four hundred
and thirty two, did give and bequeath all his lands and tenements,
and the buildings thereupon, with all their appurtenances, which he
then lately had by feoffment from Margery Walton, in Petty Wales
Street in the parish of All-Saints Barking, near the tower of Lon-
don, to the rector, vicar, churchwardens and other parishioners of
the town of Sevenocks in the county of Kent for ever, upon trust
out of the rents and profits thereof, to find and maintain for ever one
mafier well skilled in grammar, and a batchelor of arts, who should
keep a grammar-fchool in fome convenient houfe within the faid town
of Sevenocks, to be purchaſed with his goods at the difcretion of his
executors; and likewife out of the faid rents and profits for ever, to
give and pay to twenty poor men and women of the faid parish quar-
terly, ten fhillings a-piece, who should live within the faid town in
houfes to be purchaſed for them by his executors, and for other charit-
able purpoſes in the faid will mentioned: and whereas her late Ma-
Recital of the jesty Elizabeth Queen of England, by letters patent under the great
feal of England, bearing date the first day of July in the fecond year
of her reign, did grant, That there should be for ever in the town of
Sevenocks aforefaid, a free grammar-fchool, called the grammar-
School of Queen Elizabeth, for the education, inftitution and inftruc-
tion of children and youth in grammar and other learning; and that in
letters pa-
tent of Queen
Elizabeth.
에
​the
1721.]
479
Anno octavo GEORGII I. C. 31.
the parish of Sevenocks there should be an incorporation, to confift of
two wardens of the faid parish of Sevenocks, and of the free fchool,
and of four affiftants, inhabitants of the faid town and parish, by the
name of the wardens and four affiftants of the town and parish of Se-
venocks, and of the free School of Queen Elizabeth in Sevenocks;
and afterwards by an act of parliament, paſſed in the thirty ninth year Recital of the
of the faid Queen's reign, intituled, An act concerning the fchool 39 Eliz.
of Sevenocks therein reciting, That for many years there had been in
the faid town and parish of Sevenocks one hofpital or alms-houſe for
relief of the poor, and one free fchool for the teaching of youth, which
had been at first erected by the faid William Sevenocks, citizen and
grocer of London, who by his last will and teftament endowed the
Jame, as therein mentioned, and that fuch endowment had been after-
wards augmented by others; it was enacted, That for the better eftab-
lifhment of the faid incorporation, every article and claufe in the faid
letters patents should for ever be and remain of force and validity in
law, according to the true meaning and purport thereof; and that the
faid wardens and affiftants, and their fucceffors for ever, ſhould quiet-
ly have and enjoy, to the use of the faid ſchool and poor people, the
mefuages, lands, tenements, rents and hereditaments, on them be-
ftowved, with the appurtenances, without any let or eviction whatſoe-
ver, according to the charitable and true meaning of the founders and
benefactors: and whereas feveral warehoufes or other buildings have
been erected upon part of the lands in the faid parish of All-Saints
Barking near the tower of London, which were devifed by the faid
William Sevenocks for the charitable purpoſes aforementioned, and
the remainder thereof hath been converted into and uſed as a wharf or
key for landing goods on, and the fame warehouſes, wharf or key, have
been ufually let, from time to time, by leafes from the wardens and
affiftants of the faid town and parish of Sevenocks, and of the free
School of Queen Elizabeth in Sevenocks, all which are now expired:
and whereas it would prove of great advantage to the faid charity, if
the faid wardens and affiftants were enabled to raiſe by the difpofition
of the faid warehouses, wharf or key, a competent fum of money to be
imployed in rebuilding, repairing, furniſhing and fitting up the ſaid
free ſchool, and hofpital or alms-houſes, all which are much out of re-
pair, and in inlarging the fame, and for other charitable uſes appoint-
ed by the faid will; and likewife obtain a fettled revenue for the bet-
ter fupport and maintenance of the faid charities in all times to come;
and it would be likewife for the fervice of his Majefty and the publick,
if the faid warehouses, wharf and key, might be purchaſed for the
use of or in trust for his Majefty, his heirs and fucceffors, as lying
contiguous to his Majesty's prefent custom-house, whereby the fame may
be built or fitted up for warehouses, offices or other conveniencies for
merchants, or the commiffioners of his Majesty's customs, and officers
employed in the managing or collecting the revenue arifing by the faid
customs; whereupon his Majesty, out of his pious inclination to pro-
mote fo ufeful and beneficial a charity, and to advance the publick good,
hath graciously been pleafed te fignify his royal pleasure, That the faid
wardens and affiftants fhould at prefent be paid two thousand five hun-
red pounds, with intereft, as herein after mentioned, for the purpofes
herein
A
480
[17211
Anno octavo GEORGII I. c. gr.
herein after mentioned, and fhould for the future receive the yearly
rent of five hundred and fifty pounds, to be paid to them and their fuc
ceffors, for the maintenance of the charitable ufes intended by the faid
founder and benefactors, in all times to come, in cafe the fee-fimple and
inheritance of and in the faid warehouses, wharf and key, herein after
more particularly deſcribed, be conveyed and affured unto, or to the uſe
of proper trustees and their heirs, in truft for his Majesty, his heirs
and fucceffors, fubject to the payment of the faid annual rent; where-
unto the faid wardens and affiftants me readily affented, and are wil-
ling the fee-fimple and inheritance of the premises fhould be conveyed
accordingly, fo as the faid annual rent be effectually fecured to them
and their fucceffors for ever, for the perpetual fupport and mainte-
nance of the charities aforementioned, but are not able to make fuch
conveyances or affurances without the aid of an act of parliament: may*
it therefore pleaſe your moſt excellent Majeſty, That it may be
enacted, &c.
The piece of ground called Harts Horn Key, &c. vefted in truſtees for the
ufe of the crown. Chargeable with the payment of 2500l. with intereſt,
and the annual rent of 5501. for the purpoſes in the act. Payable to the
wardens, &c. of Sevenocks. Intereft of the faid fum to be computed after
the rate of 41. 1os, per annum. Payable out of the customs. The faid
2500l. and intereſt to be paid to the faid wardens, &c. before March 25,
1722, who are to expend the fame in rebuilding, &c. the ſchool, &c. Sav.
ing clauſe to the crown, &c.
t
The END of the Fourteenth VOLUME.
*
DO NOT CIRCULATE
A 563914
UNIVERSITY OF MICHIGAN
3 9015 03513 3829