William and Mary, 1692: An Act for continueing certain Acts therein mencioned and for chargeing several Joynt Stocks [Chapter XV. Rot. Parl. pt. 4. nu. 1.]

Reasons for passing this Act.

Duties upon Wine and Vinegar by 1 Jac. II. c. 3. and continued by 2 W. &M. Sess. 2. c. 5. continued till 24th June 1698.

Wee your Majesties most dutiful Subjects the Comons in Parliament assembled for a further supply to your Majesties for the more effectual prosecuting the [p[re]sent (fn. 1) ] War against France have chearfully and unanimously given and granted unto your Majesties the Impositions and Duties hereafter mentioned for and dureing the respective Terms hereafter expressed and do beseech your Majesties to accept thereof and that it may be enacted and be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That the several Impositions and Duties upon Wines and Vinegar granted by an Act made in the First year of the late King James entituled An Act for granting his Majestie an Imposition upon all Wines and Vinegar imported between the Four and twentieth day of June One thousand six hundred eighty five and the Foure and twentieth day of June One thousand six hundred ninety and three Which said Act by an Act of this present Parliament made in the Second yeare of Their Majesties Reigne was continued from the Three and twentieth day of June One thousand six hundred and ninety three until the Foure and twentieth day of June One thousand six hundred ninety six shall be continued from the Three and twentieth day of June One thousand six hundred and ninety six until the Foure and twentieth day of June One thousand six hundred and ninety eight and no longer And that the said first menc[i]oed Act and all Powers Provisions Penalties Articles and Clauses therein contained shall continue and be of full force and effect until the said Foure and twentieth day of June One thousand six hundred and ninety eight and shall be applied practised and executed for the raiseing levying collecting answering and paying the said Duties hereby continued according to the tenor and intent of this present Act as fully to all intents and purposes as if all and every the Clauses Matters and Things in the said Act contained had been again repeated in this Act and particularly enacted.

II. Duties upon Tobacco and Sugar by 1 Jac. II. c. 4. and continued by 2 W. &M. Sess. 2. c. 5. continued as to Tobacco only till 24th June 1698.

And be it further enacted by the Authority aforesaid That the Rates Duties and Impositions for all sorts of Tobacco granted by an Act made in the First yeare of the Reigne of the late King James entituled An Act for granting to His Majestie an Imposition upon all Tobacco and Sugar imported between the Foure and twentieth day of June One thousand six hundred eighty five and the Foure and twentieth day of June One thousand six hundred ninety three which said Act (as for and concerning the said Duties and smpositions upon Tobacco only) by an Act of this present Parliament made in the Second yeare of Their Majesties Reign was continued from the said Three and twentieth day of June in the said yeare One thousand six hundred ninety three vntil the Foure and twentieth day of June One thousand six hundred ninety six shall be continued from the said Three and twentieth day of June One thousand six hundred and ninety six until the Foure and twentieth day of June One thousand six hundred and ninety eight and no longer And that the said Act made in the First year of the late King James for granting the said Impositions upon Tobacco and Sugar as for and concerning Tobacco only and all Powers Provisions Penalties Articles and Clauses therein contained concerning the said Rates and Duties upon all sorts of Tobacco shall continue and be of full force and effect until the said Foure and twentieth day of June One thousand six hunded and ninety eight And shall be applied practised and executed for the raiseing levying executing answering and paying the said Duties upon Tobacco hereby continued according to the tenor and intent of this present Act as fully to all intents and purposes as if the said Act and all and every the Clauses Matters and Things therein particularly contained had been again repeated in this Act and particularly enacted for this purpose.

III. Duties upon East India Goods, &c. 2 W. &M. Sess. 2. c. 4. and the said Act continued till 10th Nov. 1697.

And be it further enacted by the Authority aforesaid That the several additional and other Rates Impositions Duties and Charges upon the several sorts of Goods and Merchandize granted by an Act of this present Parliament made in the Second yeare of Their Majesties Reign entituled An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures and upon all wrought Silks and several other Goods and Merchandize to be imported after the Five and twentieth day of December One thousand six hundred and ninety And which were thereby to have continuance untill the Tenth day of November One thousand six hundred ninety five shall be continued from the ninth day of November One thousand six hundred ninety five and shall be raised levied collected answered and paid vnto Their Majesties Their Heires and Successors vntil the Tenth day of November One thousand six hundred ninety seven And that the said Act entituled An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures and upon all wrought Silks and several other Goods and Merchandize to be imported after the Five and twentieth day of December One thousand six hundred and ninety and all Powers Provisions Penalties Articles and Clauses therein contained shall continue and be of full force and effect until the said Tenth day of November One thousand six hundred ninety seven and shall be applied practised and executed for the raiseing levying collecting answering and paying the said Duties hereby continued according to the tenor and intent of this present Act as fully to all intents and purposes as if the said last mentioned Act and all and every the Clauses Matters and Things therein contained had been again repeated in this Act and enacted particularly (except only as to such part of the said Impositions touching which other provisions or alterations are or shall be made by any other Act of this present Session of Parliament which other provisions or alterations are to be observed and to continue dureing the continuance of this present Act.

III. Persons may lend Money to Their Majesties not exceeding £500,000 at. £8 per Cent. per. Ann.

Provided always and it is hereby enacted That it shall and may lawfull to and for any person and persons to advance and lend unto Their Majesties as well upon the security of this Act as of the several herein before mentioned Acts from and after the several and respective sums thereupon respectively charged shall be fully satisfied and paid any sum or sums of money not exceeding in the whole the sum of Five hundred thousand Pounds and to have and receive for the forbearance thereof any sum not exceeding Eight pounds by the Hundred for one whole yeare and no more directly or indirectly.

IV. Repayment of such Monies how secured. Books provided.

Tally of Loan to Lender, and Warrant for Interest.; Orders for Repayment registered according to Date of Tally, and paid in course.; Monies to come in by this Act liable to satisfy such Loans.; No Fee for providing or making Books, &c. or for Payment of Money lent.; Penalty.; Punishment.; Undue Preference by Officer, Penalty.; by Deputy, Penalty.; Auditor, Clerk of the Pells, or Teller, not making Payments in due Order.; Penalty.

And to the end that all moneys which shall be lent unto Their Majesties upon the creditt of this Act and of the before mentioned Acts may be well and sufficient secured out of the moneys ariseing and payable by this Act or by any of the said before mentioned Acts from and after the several Sums charged upon the said Acts or any of them att any time before the Fifth day of March One thousand six hundred ninety two shall be respectively answered and paid Be it further enacted by the Authority aforesaid That there shall be provided and kept in Their Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipts one Book or Register in which all moneys that shall be paid into the Exchequer by vertue of this Act or any of the before mentioned Acts shall be entred and registred apart and distinct from all moneys paid or payable to Their Majesties vpon any other branch of Their Majesties Revenue or any other accompt whatsoever. And that all and every person and persons who shall lend any money to Their Majesties upon the credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his Repayment bearing the same date with his Tally In which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate so to be allowed for the same so as such Interest do not exceed the rate of Eight pounds per centum per annum for his consideration to be paid every three months vntil repayment of his Principal And that all Orders for repayment of money shall be registred in course according to the date of the Tally respectively without preference of one before another And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register Book so as that the person native or foreigner his Executors Administrators and Assigns who shall have his Order or Orders first entred in the said Book of Register shall be taken and accounted as the first person to be paid vpon the moneys to come in by virtue of this Act or any the before mentioned Acts from and after payment of the several Sums respectively charged upon the said Acts before mentioned and he or they who shall have his or their Order or Orders next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act or by the said former Acts shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not to be diverted to any other use intent or purpose whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any of Their Majesties Subjects for providing or makeing of any such Books Registers Entries Views or Search in or for payment of money lent or the interest as aforesaid by any of Their Majesties Officer or Officers their Clerks or Deputies upon pain of payment of treble damages to the party greived by the party offending with Costs of Suit or if the Officer himselfe take or demand any such Fee or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of registry or payment contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his place or office And if such preference be unduly made by any his. Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action [Debt (fn. 2) ] Damages and Costs and shall be for ever after uncapable of his place or office And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be liable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer or any their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Informac[i]on in any of Their Majesties Courts of Record att Westminster wherein no Essoign Protection Priveledge-Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.

V. Proviso where several Tallies bear Date the same Day.

Paying subsequent Orders, if first demanded, in what case no undue Preference.

Provided always and be it hereby declared That if it happen that several Tallies of Loan or Orders for payment as aforesaid bear date or be brought the same day to the Auditor of the Receipt to be registred then it shall be interpreted no vndue preference which of those he enters first so he enters them all the same day. Provided also That it shall not be interpreted any vndue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells record and the Tellers do pay subsequent Orders [of persons (fn. 2) ] that come and demand their money and bring their Orders before other persons that did not come to demand their moneys and bring their Orders in their course so as there be so much money reserved as will satisfie precedent Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them.

VI. Orders for Payment of Money lent may be assigned by Indorsement.

Memorial thereof without Fee.; Assignee may assign.

And be it further enacted by the authority aforesaid That every person or persons to whom any moneys shall be due by virtue of this Act after Order entred in the Book of Register for payment thereof his Executors Administrators or Assigns by indorsement of his Order may assign and transfer his Right Title Interest and benefitt of such Order or any part thereof to any other which being notified in the Office of the Auditor of Receipts aforesaid and an entry or memorial thereof also made in the Book of Register aforesaid for Orders (which the Officers shall upon request without Fee or Charge accordingly make) shall entitle such Assignee his Executors Administrators and Assigns to the benefitt thereof and payment thereon And such Assignee may in like manner assign again and so toties quoties and afterwards it shall not be in the power of such person or persons who have or hath made such Assignements to make void release or discharge the same or any the moneys thereby due or any part thereof.

VII. Five Pounds per Cent. upon East India Stock.

And be it further enacted by the authority aforesaid That the several Rates and Sums of money herein after mentioned shall be answered and paid to their Majesties that is to say There shall be answered to their Majesties the sum of Five pounds for every Hundred pounds of the Joint Stock of the East India Company the said Joint Stock being valued att the rate of Seven hundred forty foure thousand pounds the same to be paid by the Governour and Treasurer of the said East India Company by Foure equal quarterly payments the first payment to be made upon the Five and twentieth day of [May (fn. 3) ] One thousand six hundred ninety and three and to be deducted from the several persons interessed in the said Joint Stock according to their several shares and proportions therein upon their next Dividends.

VIII. Twenty Shillings upon African Shares.

And be it further enacted That for every share in the Joint Stock of the Royal African Company according as the number of shares are now reckoned and computed there shall be answered and paid to their Majesties the sum of Twenty shillings the same to be paid by the Governor and Treasurer of the said Royal African Company by Foure equal quarterly payments the First payment to bee made upon the said Five and twentieth day of March One thousand six hundred ninety and three and to be deducted according to the several shares and proportions of the Members of the said Company in the Joint Stock thereof upon their next Dividends.

IX. Five Pounds upon Hudson's Bay Shares.

And be it further enacted by the authority aforesaid That for every share in the Joint Stock of the Hudsons Bay Company according as the number of shares are now reckoned and computed there shall be answered and paid to their Majesties the sum of Five pounds the same to be paid by the Governor and Treasurer of the said Hudsons Bay Company by four equal quarterly payments the first payment to be made vpon the said Five and twentieth day of March One thousand six hundred ninety and three and to be deducted according to the several shares and proportions of the Members of the said Company in the Joint Stock thereof upon the next Dividends And in case the Governors and Treasurers of the said respective Companies shall make default in payment of the said several Sums or any of them respectively charged on the Stocks of the said Companies att the days and times aforesaid according to the true intent of this Act the Charter of such Company respectively shall be and is hereby adjudged to be void.

X. Person interested only to swear to Debenture for Drawback.

And be it further enacted by the authority aforesaid That from and after the Sixth day of April One thousand six hundred ninety and three no person be admitted to swear to a Debenture for any Duties to be drawn back vpon reexportation but he who is the true Exporter as being either interessed in the propriety and hazard of the Goods on the exportation or as being employed by commission is concerned in the direction of the Voyage so as to be able to judge that the Goods are really and bona fide exported and not landed nor intended to be re-landed in the Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed.

XI. Person insuring to deliver prohibited Goods imported, or Goods without Custom;

Penalty.

And whereas it is found by experience that great quantities of Goods are daily imported from Foreign parts in a fraudulent and clandestine manner without paying the Customs and Duties due and payable to their Majesties and the same hath of late been much encreased and promoted by ill men who notwithstanding the Laws already made do undertake as Insurers or otherwise to deliver such Goods so clandestinely imported at their charge and hazard into the Houses Ware-houses or Possession of the Owners thereof. For the preventing so great a mischief be it enacted by the authority aforesaid That all and every person or persons whatsoever who by way of insurance or otherwise shall undertake or agree to deliver any Goods or Merchandizes whatsoever to be imported from parts beyond the Seas att any Port or Place whatsoever within this Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed without paying the Customs and Duties that shall be due and payable for the same att such importation or any prohibited Goods whatsoever or in pursuance of such Insurance Undertakeing or Agreement shall deliver or cause or procure to be delivered any prohibited Goods or shall deliver or cause or procure to be delivered any Goods or Merchandizes whatsoever without paying such Duties and Customs as aforesaid knowing thereof and all and every their Aiders Abettors and Assistants shall for every such offence forfeit and lose the Sum of Five hundred pounds over and above all other forfeitures and penalties to which they are liable by any Act already in force

XII. Person who shall be so insured;

Penalty £500.

And be it further enacted by the authority aforesaid That all and every person or persons whatsoever who shall agree to pay any sum or sums of money for the insureing or conveying any Goods or Merchandizes that shall be so imported without paying the Customs and Duties due and payable att the Importation thereof or of any prohibited Goods whatsoever or shall receive or take such prohibited Goods into his or their House or Ware-house or other place onland or such other Goods before such Customs and Duties are paid knowing thereof shall [alsoe (fn. 4) ] for every such offence forfeit and lose the like Sum of Five hundred pounds the one halfe of the said forfeitures to be to their Majesties and the other halfe to the Informer or such person or persons as shall sue for the same.

XIII. Insurer discovering;

Reward.

And be it further enacted by the authority aforesaid That if the Insurer Conveyer or Manager of such Fraud be the discoverer of the same he shall not only keep and enjoy the Insurance money or Reward given him and be discharged of the penalties to which he is liable by reason of such offence but shall also have to his owne vse one halfe of the forfeitures hereby imposed vpon the partie or parties makeing such Insurance or Agreementor receiving the Goods as aforesaid And in case no discovery shall be made by the Insurer Conveyer or Manager as aforesaid and the partie or parties insured or concerned in such Agreement shall make discovery thereof he shall recover and receive back such Insurance money or Premium as he hath paid vpon such Insurance or Agreement and shall have to his owne use one moiety of the Forfeitures imposed upon such Insurer Conveyer or Manager as aforesaid and shall also be discharged of the forfeitures hereby imposed upon him or them.

XIV. How Penalty recovered.

Limitation of Prosecution.

And be it enacted That all the said Penalties and Forfeitures shall be recoverable according to the course of the Court of Exchequer in like manner as other penalties and forfeitures in like cases are recoverable Provided That no Penalty hereby inflicted shall be recoverable vnlesse the same be prosecuted within Twelve months after the time such fact was committed Any thing in this Act to the contrary notwithstanding.

XV. Application of Duties.

4 &5 W. &M. c. 5.

And for preventing doubts touching the application of moneys which shall accrue to their Majesties for the Custom of Prize Goods Be it declared and directed by the authority aforesaid That all Duties as well Customs as Imposts and by what Act or Acts soever that shall accrue and be payable to their Majesties at the Custom-House after the Five and twentieth day of March One thousand six hundred ninety three for any Goods or Merchandize taken condemned and sold as prize shall be applied entirely to the credit of an Act of this present Session of Parliament entituled An Act for granting to their Majesties certain additional impositions upon several Goods and Merchandize for the prosecuteing the present War against France Any other Act to the contrary in any wise notwithstanding