Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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'William III, 1695-6: An Act for continuing to His Majesty certaine Duties upon Salt Glass Wares Stone and Earthen Wares and for granting several Duties upon Tobacco Pipes and other Earthen Wares... [Chapter XXXI. Rot. Parl. 7 & 8 Gul. III. p. 8. n. 1.]', in Statutes of the Realm: Volume 7, 1695-1701, ed. John Raithby( s.l, 1820), British History Online https://prod.british-history.ac.uk/statutes-realm/vol7/pp130-148 [accessed 23 November 2024].
'William III, 1695-6: An Act for continuing to His Majesty certaine Duties upon Salt Glass Wares Stone and Earthen Wares and for granting several Duties upon Tobacco Pipes and other Earthen Wares... [Chapter XXXI. Rot. Parl. 7 & 8 Gul. III. p. 8. n. 1.]', in Statutes of the Realm: Volume 7, 1695-1701. Edited by John Raithby( s.l, 1820), British History Online, accessed November 23, 2024, https://prod.british-history.ac.uk/statutes-realm/vol7/pp130-148.
"William III, 1695-6: An Act for continuing to His Majesty certaine Duties upon Salt Glass Wares Stone and Earthen Wares and for granting several Duties upon Tobacco Pipes and other Earthen Wares... [Chapter XXXI. Rot. Parl. 7 & 8 Gul. III. p. 8. n. 1.]". Statutes of the Realm: Volume 7, 1695-1701. Ed. John Raithby(s.l, 1820), , British History Online. Web. 23 November 2024. https://prod.british-history.ac.uk/statutes-realm/vol7/pp130-148.
In this section
Recital of 5 & 6 W. & M. c. 7. §I.
Duties upon Salt levied as by the said Act, and the said Act made perpetual.
Whereas by an Act made att the Parliament held in the Fifth and Sixth Years of the Reigne of His present Majesty and the late Queen Mary of blessed Memory intituled An Act for granting to Their Majesties certaine Rates and Duties upon Salt and upon Beer Ale and other Liquors for securing certaine Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Su[m]m of Ten hundred thousand Pounds towards carrying on the Warr against France Itt was enacted That from and after the Five and Twentieth day of March One thousand six hundred ninety foure there should be throughout the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed raised levied collected and paid unto Their Majesties Their Heires and Successors until the Seventeenth day of May which shall be in the Yeare of our Lord One thousand six hundred ninety seven and no longer for Salt the several Rates and Duties therein mentioned Wee Your Majesties most loyal and dutiful Subjects the Co[m]mons in Parliament assembled being sensible of the great and necessary Expence in which Your Majesty is engaged for carrying on the present Warr against the French King and being desirous to supply the same in such manner as may be least grievous to Your Majesties Subjects therefore for the Encouragemt. of such Persons who shall voluntarily contribute to the advancing and paying into Your Majesties Exchequer towards carrying on the said Warr any Su[m]m or Su[m]ms of Money not exceeding the Su[m]m of Five and twenty hundred and sixty foure thousand Pounds upon the respective Terms and Recompences herein after mentioned Wee Your Majesties said loyal and dutiful Subjects the Co[m]mons in Parliament assembled have given and granted and do hereby give and grant unto Your Majesty Your Heires and Successors Kings and Queens of England the several Rates and Duties herein after mentioned. And be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in Parliament assembled and by the Authority of the same That all and every the Rates and Duties upon Salt granted by the said recited Act shall be raised levied collected answered and paid unto Your Majesty Your Heires and Successors Kings and Queens of England for ever in the same Manner and Forme and by such Rules Ways and Means and under such Penalties and Forfeitures as are mentioned in the said Act for raising levying collecting answering and paying the same for the Terme granted in the said Act And that the said recited Act and every Article Rule and Clause therein mentioned as for and concerning the Rates Duties and Impositions upon Salt shall continue and be in full force for ever as fully and amply to all Intents and Purposes as if the same were particularly recited expressed and enacted in the Body of this Act.
II. Commissioners of Excise to keep the said Duties apart, and pay the same weekly into the Exchequer.
And be it further enacted by the Authority aforesaid That the Co[m]missioners and Governors for Management and Receipt of the Excise att the head Office in London for the time being shall separate and keep apart all and every the Moneys ariseing by the Rates and Duties hereby granted & continued as the same shall from time to time arise or be paid into the said Office of Excise by the Receivers or Collectors of the same or by any other Person or Persons whatsoever And the said Co[m]missioners and Governors of Excise for the time being are hereby required and strictly enjoyned from time to time for ever to pay Weekely (vizt) on Wednesday in every Week if it be not an Holiday and if it be then the next day after that is not an Holiday all and every the Moneys ariseing by the Rates and Duties hereby granted and continued into the Receipt of His Majesties Exchequer distinct and apart from the other Moneys which the said Co[m]missioners & Governors respectively shall receive for the Use of His Majesty his Heires and Successors.
III. Book for Entry of such Monies kept in the Exchequer.
And be it further enacted by the Authority aforesaid That there shall be from time to time for ever provided and kept in His Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipts one Book in which all the said Weekly Moneys which shall be paid into the Exchequer as aforesaid shall be entred apart and distinct from all other Moneys paid or payable to His Majesty His Heirs and Successors upon any Account whatsoever.
IV. Commissioners refusing, &c. to pay in or diverting Monies;
Penalty and Incapacity.
And be it further enacted That if the said Co[m]missioners and Governors for the time being shall refuse or neglect to pay into the Exchequer all or any the said Weekly Su[m]ms appointed to be paid as aforesaid in such manner as they are before by this Act required to do or shall divert or misapply any Part of the same then they for every such Offence shall forfeit their Office of Co[m]missioners and Governors for the Management and Receipt of the Excise and be incapable of any Office or Place of Trust whatsoever and shall be liable to pay the full Value of any Su[m]m or Su[m]ms so diverted or misapplied to any Person intituled' thereunto by virtue of this Act who will sue for the same by any Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster wherein no Essoign Protection Wager of Law Priveledge or any more than one Imparlance shall be granted or allowed.
V. The said weekly Sums a Fund.
And be it further enacted That all the Su[m]ms appointed by virtue of this Act to be paid Weekly into the Receipt of Exchequer shall be the Fund for the several and respective Intents and Purposes herein after mentioned & expressed.
VI. Salaries and Incidents paid out of Duties.
Provided always and be it enacted That it shall and may be lawfull to and for His Majesty His Heires and Successors out of the said Duties granted and continued by this Act to cause such Su[m]m and Su[m]ms of Money to be expended & paid from time to time for Salaries or other incident Charges as shall be necessary in and for the receiving collecting levying or managing of the same Duties Any thing in this Act contained to the contrary notwithstanding.
VII. Comptroller of Excise to keep Account of Duties.
And be it enacted That the Comptroller of the Excise for the time being shall from time to time for ever keep an Account of the said Duties in the same manner and under the same Penalties as in the said recited Act is directed for the Terme thereby granted.
VIII. £179,480 out of the said Duties to be the whole yearly Fund for Payments hereafter mentioned.
And be it further enacted That yearely and every Yeare reckoning the First Yeare to begin from the Seventeenth Day of May One thousand six hundred ninety six the full Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds out of the Moneys to arise by the several Rates & Duties hereby granted and continued and to be brought into the Receipt of the Excheq[uer] by Weekly Payments as aforesaid (in case the said Weekly Payments shall extend thereunto)' shall be the whole and entire yearely Fund And in case the said Weekly Payments shall not amount to One hundred seventy nine thousand foure hundred and eighty Pounds per Annum Then the said Weekly Moneys or Payments so farr as the same will extend shall be part of the yearely Fund for and towards the answering and paying of the several yearely Su[m]ms herein after mentioned.
IX. The said Sum to be kept apart in the Exchequer.
And be it further enacted by the Authority aforesaid That for the better raiseing and paying into the Receipt of Excheq[uer] the Su[m]m of Two millions five hundred sixty foure thousand Pounds the yearely Su[m]ms of One hundred seventy nine thousand foure hundred and eighty Pounds by and out of the Duties and Impositions granted or ariseing by this Act shall be kept seperate and apart in the said Receipt of Exchequer to be paid over from time to time unto such Person and Persons and in such manner and forme as is herein after directed.
X. The King, by Commission under the Great Seal, may appoint Persons to take Subscriptions for raising £2,564,000 as herein mentioned.
The said yearly Sum of £179,480 applied to the Use of Subscribers.
And be it enacted by the Authority aforesaid That it shall and may be lawfull to and for His Majesty by Co[m]mission under the Great Seale of England to authorise and appoint any Number of Persons to take and receive all such voluntary Subscriptions as shall be made on or before the First Day of August One thousand six hundred ninety six by any Person or Persons Natives or Forreigners Bodies Politick or Corporate (other then the Governor and Company of the Bank of England) for and towards the raiseing and paying into the Receipt of Exchequer the said Su[m]m of Two Millions five hundred sixty four thousand Pounds and to take and receive all such voluntary Subscriptions as shall be made of Land on or before the said First Day of August in such manner and forme as is herein after limitted and appointed and that the yearly Su[m]m of One hundred seventy nine thousand four hundred and eighty Pounds ariseing by and out of the said Duties and Impositions before mentioned shall be applied issued and directed and is hereby appropriated to the Use and Advantage of such Person or Persons Bodies Politick or Corporate as shall make such voluntary Subscriptions and Payments of the said Two Millions five hundred sixty foure thousand Pounds their Executors Successors and Assigns for ever proportionable to the Subscription of each Person or Body Politick so subscribing the same and shall from time to time as the same shall come into the said Receipt of Exchequer be issued and paid accordingly.
XI. Treasury to direct their Warrant yearly for the Payment of the said yearly Sum of £179,480, and Exchequer to issue the same without Fee.
And be it further enacted That the Co[m]missioners of His Majesties Tresury and the Under Treasurer of the Excheq[ueir] now being and the Lord High Treasurer and Under Treasurer or Co[m]missioners of the Treasury for the time being are hereby strictly enjoyned and required by virtue of this Act and without any further or other Warrant to be sued for had or obtained from His Majesty His Heires or Successors to direct their Warrants yearely for the Payment of the said yearely Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds to the Contributors of the said yearly Su[m]m of Two Millions five hundred sixty foure thousand Pounds in the manner and proportion in and by this Act directed and appointed And the Auditor of the Receipt of Excheq[ueir] and all other Officers of the Excheq[ueir] for the time being are hereby directed and enjoyned to issue the said Moneys so sett apart for the Uses hereby directed from time to time without any Fee or Reward under the like Penalties Forfeitures and Disabilities as are hereafter inflicted upon any Officer for diverting any Moneys appropriated or applied by this Act.
XII. The King, by Letters Patent, may incorporate Subscribers by the Name of the Governor and Company of the National Land Bank;
who may sue and be sued, &c. and make By-Laws.
And be it further enacted That it shall and may be lawfull for His Majesty by Letters Patents under the Great Seale of England to incorporate all and every the Subscribers and Contributors of Land and Money their Executors Successors and Assigns to be one Body Corporate and Politick by the Name of The Governour and Company of the National Land Bank and by the same Name of the Governour and Company of the National Land Bank to have perpetual Succession and a Co[m]mon Seale and that they and their Successors by the Name aforesaid shall be able and capable in Law to have purchase receive enjoy possesse and retaine to them and their Successorors any Lands Rents Tenements and Hereditaments of what Kind Nature Quality or Value soever without any further Licence and alsoe to sell grant demise alien or dispose the same and by the same Name to sue and implead and be sued and impleaded answer and be answered in Courts of Record or elsewhere and to make By-Laws and Ordinances for the better Regulation and Government of the said Corporation as they shall think fitt and to doe and execute all and singuler other Matters and Things by the Name aforesaid That to them shall or may appertaine to doe.
XIII. Proviso if the said £2,564,000 not subscribed before 1 Jan. 1696.
Provided always and it is hereby further enacted That in case the whole Su[m]m of Two millions five hundred sixty foure thousand Pounds shall not be advanced and paid into the said Receipt of Exchequer by the said Governor and Company to be established as aforesaid before the First day of January which shall be in the Yeare of our Lord One thousand six hundred ninety six That then the Subscribers and Contributors for and towards raiseing the said Two millions five hundred sixty foure thousand Pounds their Executors Successors and Assigns shall onely have and receive so much and such part and proportion of the said yearely Fund as shall be after the Rate of Seven Pounds per Centum per Annum for such Su[m]m or Su[m]ms of Money as shall be so respectively paid and advanced.
XIV. After Incorporation the said yearly Sum of £179,480, or a Proportionable Part therefore, to be paid to the said Bank and their Successors.
And be it further enacted That from and after the granting the said Letters Patents of Incorporation the said yearely Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds or so much thereof as shall be proportionable to the several Su[m]m or Su[m]ms before that time advanced or to be then afterwards advanced before the said First day of January One thousand six hundred ninety six as aforesaid shall be issued and paid to the said Governor and Company and theire Successors for ever in manner as by this Act is directed And that the said Governor and Company and their Successors for ever shall from time to time have and receive the same in trust in the first place for paying and satisfying all Bills and other Charges which they shall from time to time charge thereupon under their Co[m]mon Seale and from and after Payment and Satisfaction of such Bills and Charges then in trust for the several and respective Members of the said Corporation according to the proportion of their several Stocks therein.
XV. Stock and Interest Personal Estate.
And be it further enacted That the Interests and Stocks of the Money in the said Corporation shall go to Executors and Administrators and not to Heires & shall be transferrable and devisable in such manner as His Majesty shall direct in and by the said Letters Patents and not otherwise.
XVI. If the said £2,564,000 not subscribed before Ist Aug. 1696, Power for creating Corporation to cease, and the said yearly Sum of £179,480 transferrable by Subscribers, as herein mentioned.
Provided always and be it enacted and declared That in case the Su[m]m of Two Millions five hundred sixty foure thousand Pounds or one Moiety thereof be not subscribed on or before the said First day of August One thousand six hundred ninety six That then the Powers and Authorities in this Act for erecting a Corporation as aforesaid shall cease and determine Any thing herein contained to the contrary notwithstanding And that then and in such case so much of the said yearly Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds as shall belong to the said Subscribers according to the meaning of this Act shall be transferrable by the respective Subscribers their respective Executors Successors or Assigns to any Person or Persons whatsoever by any Writing or Writings under the Hand and Seale of the Person or Persons transferring the same attested by Two or more credible Witnesses and entred within Twenty days after the sealing thereof in a Book or Books to be for that Purpose kept in the said Exchequer by His Majesties Remembrancer for the time being (for the entring whereof nothing shall be paid) which Entries the said Remembrancer is hereby required (upon Request) to make.
XVII. Subscriber to pay One Fourth at Time of Subscription, and forfeited on Nonpayment of Residue.
Provided always and be it further enacted That every Subscriber shall att the time of such Subscription pay or cause to be paid unto the said Co[m]missioners one Fourth Part of his or her Subscription and in Default thereof such Subscription shall be void and that the Residue of the said Subscriptions shall be paid into the Receipt of His Majesties Excheq[uer] as His Majesty shall direct before the said First day of January One thousand six hundred ninety six And in default of such Payments that then the said Fourth part first paid as aforesaid shall be forfeited to and for the Benefitt of His Majesty His Heires and Successors.
XVIII. Persons interested as herein mentioned, not to have Interest or Office in Corporation.
Penalty.
And be it further enacted That no Person having any Interest by his own Subscription or Purchase in the Stock of or having any Office or Place in the Bank of England shall att the same time have any such Interest as aforesaid in the Stock of or any Office or Place in the said Corporation hereby intended And that no Person being a Trustee Director Manager or other Officer of the Incorporation hereby intended shall att the same time have any such Interest as aforesaid in the Stock of or any Office or Place in the Bank of England under the Penalty of the Forfeiture of such Persons respective Interest in each Stock one Moiety to His Majesty His Heires and Successors and the other Moiety to the Informer to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts att Westminster wherein no Essoigne Protection Privelege or Wager of Law shall be allowed nor any more than one Imparlance.
XIX. Company, or any Members purchasing Lands or Revenues of the Crown on advancing Money to the Crown on the Revenues, otherwise than as herein mentioned.
Penalty.
Provided also and be it further enacted. That if the Governor and Company or, any Members of the said Corporation so to be established shall upon the Account of the said Corporation att any time or times purchase any Lands or Revenues belonging to the Crowne or Advance to His Majesty His Heires or Successors any Su[m]m or Su[m]ms of Money by way of Loan or Anticipation on any Part or Parts Branch or Branches Fund or Funds of the Revenue now granted or belonging or hereafter to be granted or belonging to His Majesty His Heires or Successors other then such Fund or Funds Part or Parts Branch or Branches of the said Revenue onely on which a Creditt of Loan is or shall be granted by Parliament that the Person and Persons who shall consent agree to or approve of such Purchase or Loan and being thereof lawfully [convicted (fn. 1) ] shall each of them for every such Offence forfeit treble the Value of every such Su[m]m or Su[m]ms of Money so lent whereof one Fifth part shall be to the Informer to be recovered in any of His Majesties Courts of Record att Westminster by Action of Debt Bill Plaint or Information wherein no Protection Wager of Law Essoign Priveledge of Parliament or other Priveledge shall be allowed or any more then one Imparlance and the Residue to be disposed of towards publick Uses as shall be, directed by Parliament and not otherwise.
XX. Corporation not to deal or suffer Dealings with the Stock.
Penalty.
And be it further enacted That the said Corporation to be made made pursuant to this Act shall not att any time deale or trade or permitt or suffer any p[er]son or persons whatsoever either in Trust or for the Benefitt of the said Corporation to deale or trade with any of the said Stock of Moneys or Effects of the said Corporation in the buying or selling any Goods Wares or Merchandize And every Person or Persons who shall so deale or trade or by whose Order or Direction such Dealings or Tradings shall be made shall forfeit for every such Dealing or Tradeing and every Order or Direction Treble the Value of the Goods and Merchandize so traded for to such Person or Persons who will sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster wherein no Essoign Protection or other Privelege whatsoever nor any Injunction Order of Restraint nor Wager of Law shall be allowed or any more than one Imparlance.
XXI. Proviso for Sale of Goods, being the Produce of Land purchased by Corporation.
Provided neverthelesse That nothing herein contained shall any ways be construed to hinder the said Corporation from selling such Goods as shall or may be the Produce of Lands purchased by the said Corporation.
XXII. Fines and Issues against Corporation not pardoned by Privy Seal, &c.
The said yearly Sum liable in the Exchequer for Estreats of Fines, &c. on Nonappearance.
Provided always and be it enacted That all Amerciaments Fines and Issues against the said Corporation and their Successors or any Officers under them had charged or estreated in or upon Account of any Suit or Action to be prosecuted or brought against them shall not be pardoned acquitted, or discharged by any tres of, Signett Privy Seale or Great Seale of His Majesty His Heires or Successors or otherwise howsoever And in case any such Amerciaments Fines or Issues shall be estreated into His Majesties Exchequer against the said Corporation upon any Processe for non Appearance att the Suit of any Person or Persons That then it shall and may be lawfull to and for the Officers of His Majesties Exchequer for the time being, who are hereby, directed to pay the said yearely Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds to the said Corporation to detaine so much Money as the said Amerciaments Fines or Issues shall amount unto out of the said yearely Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds payable to the said Corporation.
XXIII. The said yearly Sum not a Fund for Payment of further Bills of Credit or other Monies, save as herein mentioned.
Monies payable by this Act Tax free.
And it is hereby declared and enacted That the said yearely Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds or such part thereof as shall by this Act be due to the said Corporation or Subscribers shall not att any time or times hereafter be made use of for a Fund or Security to raise pay or secure nor shall be chargeable or stand charged with any more further or other Bill or Bills of Creditt Su[m]m or Su[m]ms whatsoever save onely such Su[m]ms of Money as shall in pursuance of and according to the Intent of this Act be advanced and paid into His Majesties Exchequer within the time by this Act limitted for the same and such Su[m]ms as the said Corporation after their purchase thereof shall from time to time charge thereupon as aforesaid not exceeding the Su[m]m [by them (fn. 2) ] paid for the purchase thereof as aforesaid And that any Moneys payable to any Person or Persons upon or by virtue of this Act shall not be charged or chargeable with any Rates Taxes or Impositions whatsoever.
XXIV. Upon One Year's Notice and Repayment of the said £2,564,000, and Arrear of the said yearly Sum, Corporation, &c. to cease, as herein mentioned.
Provided further and be it enacted That att any time upon one yeares Notice after the First day of August which shall be in the Yeare of our Lord One thousand seven hundred and seven upon Repayment by Parliament of the said Su[m]m of Two millions five hundred and sixty foure thousand Pounds or such part thereof as shall be paid and advanced as aforesaid unto the said Corporation or the respective Subscribers and Contributers thereof their Executors Successors or Assignes and of all Arrears of the said yearely Payments of One hundred seventy nine thousand foure hundred and eighty Pounds or of the proportionable part thereof according to the Su[m]m which shall be paid and advanced that then and from thenceforth the said yearely Payments of One hundred seventy nine thousand foure hundred and eighty Pounds or of the proportionable part thereof as aforesaid and every part thereof and the said Corporac[i]on so farr as the same relates to the said Two millions five hundred and sixty foure thousand Pounds shall absolutely cease and determine Any thing herein contained in any wise to the contrary notwithstanding.
XXV. Redemption of the said Fund, or Default of Corporation, or Judgment against the same, not construed a Forfeiture of Estate of Corporation.
Provided neverthelesse that for preventing the Forfeiture Escheat or Reverter of any Lands Interests or Estates which shall be conveyed unto or settled upon the said Corporation Itt is hereby declared and enacted That neither the Redemption of the said Fund or any other Act or Default of the said Corporation nor any Judgement to be given against the same shall be or be construed to or extend to be a Forfeiture Escheat or Reverter of any Lands or other Interests or Estates of which the said Corporation or any Persons in Trust for them shall be from time to time seized or possessed but the same and every part thereof shall notwithstanding continue remaine and be subject and liable to all and every the lawfull Uses Trusts Intents and Purposes for which the same shall be conveyed unto or settled upon the said Corporation or any Persons in Trust for them.
XXVI. Recital of 5 W. & M. c. 20. &insact 1.
6 & 7 W. & M. c.18. § 12; The said Acts continued as to Duties on Tonnage, Coals and Culm until 17th May 1696.
And whereas by one other Act made att the same Parliament held in the said Fifth and Sixth yeares of the Reigne of His Majesty and of the late Queen Mary intituled An Act for granting to Their Majesties several Rates and Duties upon Tunnage of Shipps and Vessells and upon Beer Ale and other Liquors for secureing certaine Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Su[m]m of Fifteen hundred thousand Pounds towards carrying on the Warr against France Itt was enacted That for and dureing the Terme of Foure Yeares com[m]mencing from the First day of June One thousand six hundred ninety foure there should be paid unto Their Majesties Their Heires & Successors for and upon the Tunnage of Shipps the several Rates and Duties in the said Act mentioned And whereas alsoe by one other Act made att the same Parliament held in the Sixth and Seventh Yeares of His said Majesties Reigne intituled An Act for granting to His Majestie certaine Duties upon Glasse Wares Stone and Earthen Bottles Coals and Culme for carrying on the Warr against France Itt is enacted That for all sorts of Coals and Culm (except Charcoal made of Wood) which from and after the Nine. and twentieth Day of September in the Yeare of oure Lord One thousand six hundred ninety five should be Water-boarn or should be laid on Board any Shipp or Vessell to be carried imported, or brought or which shall be carried imported or brought in any Shipp or Vessell into any Port or Place in the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed from any Port or Place within the said Kingdom Dominion or Towne of Berwick or from the Kingdom of Scotland in or dureing the space of Five Yeares co[m]mencing from the said Nine and twentieth Day of September there should be paid and answered unto His Majesty His Heires and Successors (over and besides all other Impositions Duties and Su[m]ms of Money in any wise due or payable for the same) the several and respective Impositions Rates and Duties therein mentioned Be it enacted. That the said several Acts as to the said Rates and Duties for Tunnage Coals and Culme as aforesaid shall continue and be in force until the Seventeenth Day of May One thousand six hundred ninety and six and no longer and that from thenceforth all and every the Duties thereby raised for Tunnage Coals and Culme as aforesaid shall cease and be no more payable.
XXVII. The several Sums of £560,000, £140,000, and £140,000 out of the Monies of this Act appropriated for certain Payments herein mentioned.
And it is hereby further enacted That out of the Moneys which shall be paid into the Receipt of Exchequer by virtue of this Act by all or any the Ways and Means herein mentioned the Su[m]m of Five hundred sixty thousand Pounds shall be and is hereby appropriated for paying and discharging so much as yet remains unpaid of the Su[m]m of Five hundred sixty foure thousand and seven hundred Pounds together with Interest for the same which hath been advanced and paid into the Receipt of Exchequer by way of Loan upon Security of the said Act intituled An Act for granting to His Majesty certaine Duties upon Glasse Wares Stone and Earthen Bottles Coals and Culme for carrying on the Warr against France and that the Su[m]m of One hundred and forty thousand Pounds shall be and is hereby appropriated for answering and making good the Rates and Duties of Tunnage upon Shipps granted as aforesaid which shall arise and become payable by vertue of the said recited Act for that purpose from the said Seventeenth day of May One thousand six hundred ninety six until the Seventeenth day of May One thousand six hundred ninety seven And that the Su[m]m of One hundred and forty thousand Pounds shall be and is hereby appropriated for answering and making good the Rates and Duties upon Salt granted as aforesaid which shall arise and become payable by virtue of the said recited Act for that purpose from the said Seventeenth day of May One thousand six hundred ninety six until the said Seventeenth day of May One thousand six hundred ninety seven
XXVIII. 1 W. & M. Sess. 2. c. 1. in force for the due Application of Monies hereby appropriated.
And that the Su[m]ms by this Acts appropriated may not be diverted or applied to any other Purpose than is hereby declared and intended Be it enacted by the Authority aforesaid That the Rules and Directions appointed and enacted in an Acts made in the First Yeare of the Reigne of His said Majesty and the late Queen Mary intituled An Act for a Grant to Their Majesties of an Aid of Two Shillings in the Pound for One Yeare for the speedy Payment of the Money thereby granted into the Receipt of Exchequer by the Collectors and Receivors and for Distribution and Application thereof and keeping distinct Accounts of the same and all other Provisoes Pains Penalties and Forfeitures thereby enacted in case of Diversion of any Money thereby appropriated are hereby revived and enacted to be in force & shall be practised applied executed and putt in Ure for and concerning the Distribution and application of the said Su[m]ms hereby appropriated as fully amply and effectually as if the same were here particularly repeated and reenacted.
XXIX. Company to lend £500,000 per Ann. on sufficient Land Securities, at Interest.
And whereas the Intent of incorporating the Subscribers as aforesaid is in order to enable them to lend Moneys on Securities of Lands att low Interest Be it enacted by the Authority aforesaid That the said Governor and Company shall lend out the Su[m]m of Five hundred thousand Pounds per Annum att the least over and above what they shall lend to Members of the said Corporation on Land Securities att Interest not exceeding Three Pounds ten Shillings per Centum per Annum payable Quarterly or Foure Pounds per Centum per Annum payable Halfe yearely att the Election of the Owners of the Lands in case sufficient Secureties for the same be tendred unto them.
XXX. Conveyance of such Lands, or a Note thereof, to be registered by Corporation.
How such Lands transferrable and chargeable by Owners.
And for the better enableing them to doe the same and for the better assureing the Titles of all Lands which shall be conveyed unto them or any Persons in Trust for them and for the more easy and ready transferring the several Interests therein and keeping the Accounts thereof Be it enacted That all Conveyances or Assignements of any Lands Interests or Estates which shall be from time to time conveyed unto or settled upon the said Corporation or any Persons in Trust for them for Securities or otherwise or some Notes Entries or Memorandums of such Conveyances shall be from time to time entred or registred in Register Book or Books of Entry to be provided and kept by the said Corporation for that Purpose And that from and after the Execution of such Conveyances or Assignements and entring registring or noting the same in the register Books as aforesaid That all and every such Lands Interests and Estates as long as the same shall continue so settled shall from time to time be assignable transferrable & chargeable by the respective Owners thereof in the same or other Register Books of the said Corporation or by virtue thereof and not elsewhere nor otherwise unlesse by Will duely made and published.
XXXI. Bills of Credit by Company on taking Conveyance of Land, to be a Charge on Lands, &c. of the said Corporation, and render them liable to Action of Debt.
And whereas Bills of Credit given out by Corporations under their Co[m]mon Seale do no ways affect the Lands or Real Estates of such Corporations until Judgment be had thereon by reason whereof several Corporations have conveyed away and disposed their Effects from their Creditors and left them without Remedy for recovering their Debts For preventing which Mischief and for making the Bills of Creditt which shall be given out by the said Governor and Company upon Securities of Lands to be a certaine and safe Security to the Persons accepting the same Be it enacted That when the said Governour & Company shall take Conveyances of any Lands or other Interests or Estates with Powers from the Owners thereof to charge the same with the Moneys borrowed thereon the said Governor and Company shall charge the same by Bills of Charge in [like (fn. 3) ] Forme as followeth; vizt.
The Governor and Company of the National Land Bank do hereby charge the Lands &c entred in Libro. A. N°: I. with Payment of Pounds to. A. B. &c for Payment whereof they oblige themselves and their Successors by these Presents.
Which said Bills shall effectually charge the Lands or other Interests or Estates so referred unto and also make the said Corporation liable to an Action of Debt for the said Money.
XXXII. In case the Company cannot deliver such Bills of Credit to Owner repaying Money lent, Proceedings.
How Lands discharged and redeemed.
Provided neverthelesse and for the more ready and safe discharging such Lands Interests or Estates from such Bills of Charge as aforesaid upon Payment of the Moneys due thereon or any part thereof Be it enacted That when the Owners of such Lands or other Interests or Estate [shall pay (fn. 3) ] off all or any Moneys lent by the said Governor and Company on Security thereof and that the said Governor and Company shall not att the time of such Payment have the Bills charged on such Lands or other Interests or Estates ready to be delivered to such Owner That in such Case the said Governor and Company shall instead thereof deliver cancelled to the Owner of the said Lands or other Interests or Estates so many Bills charged on some other Lands or other Interests or Estates as shall amount to the Moneys so paid off and discharged and att the same time in the Counterpart remaining with them of the Bills standing out upon the Estate in respect whereof such Payments shall be made shall enter a Transferr of the Bills so standing out to the Estate on which the Bills delivered cancelled shall be charged in these or the like Words vizt, discharged and transferred to Liber A. N°: I. and shall indorse such transferr on the said Bill so delivered cancelled and in the Counterpart remaining with them of the said Bills delivered cancelled shall enter the transferr thereof in these or the like Words vizt. Cancelled and recharged from [Liber. (fn. 4) ] B. N°: 2. All which shall ipso facto discharge the Lands or other Interests or Estates redeemed in respect whereof such Money shall be paid from so much in Bills standing out thereon and shall charge such Bills on the Lands or other Interests or Estates to which they shall be so transferred that when all the Bills charged on any Estates shall be discharged in manner aforesaid the Owners of such Lands shall or may have the same reconveyed unto them and for ever thenceforth hold and enjoy the same freed and discharged from all Bills or Charges charged thereon by the said Governor and Company which reconveyance shall be an Evidence of such Discharge.
XXXIII. Proviso where Company charge such Lands with greater Sums of Money than they have lent thereon.
Penalty.
Provided neverthelesse and be it enacted That in case the said Governor and Company shall charge any Lands Interests or other Estates so to be conveyed to them for Security as aforesaid with any greater Su[m]m of Money than what they shall lend thereon that such Surplus Charges shall no ways affect the said Lands or other Interests or Estates with any Su[m]m of Money more than the Moneys lent thereon to the Owners thereof by the said Governor and Company and the Persons so offending shall for every such Offence forfeit and lose Treble the Value of such Surplus Charges to be recovered by Action of Debt by the Owner of such Lands or other Interests or Estates or by the Person or Persons having such Bill or Bills thereon in which no Essoigne Protection or Wager of Law shall be allowed.
XXXIV. Bearer of Company's Bills may have Action of Debt.
Provided that all or any Bills to be given out by the said Corporation under their Co[m]mon Seale payable to any certaine Person or the Bearer shall intitle the Bearer thereof whether hee or she be Native or Forreigner to any Action of Debt against the said Corporation for the Recovery of the Moneys due thereon.
XXXV. Forging Common Seal or Bills of Company or Bank of England, Death.
And be it further enacted That the forgeing or counterfeiting the Co[m]mon Seale of the said Corporation or the Co[m]mon Seale of the Governor and Company of the Bank of England or any Bill or Bills to be given out by either of the said Corporations shall be Felony without Benefitt of Clergy.
XXXVI. If Interest of Money lent by Company run in Arrear for Two Years together, and Principal Money not paid within Three Years after Demand, as herein mentioned, Estate of Debtor may be sold on Notice.
And for the better enableing the said Corporation to recover the Moneys to be from time to time lent by them on Securities of Lands or other Interests or Estates as aforesaid Be it enacted That in case the Interest to grow due thereon shall be behind and unpaid for Two Yeares together & that the said Corporation shall by a Monthly Account or other publick Advertisement demand the Principal Money due on the Lands or other Estates or Interests in respect whereof such Interest shall be unpaid and that the Principal Money so demanded shall not be paid within Three Yeares next after such demand that in such case the said Corporation or their Trustees att any time after the end of the said Three Years upon giving Twelve Months Notice in Writing under the Co[m]mon Seale of the said Corporation to be left att the House or Place [of (fn. 5) ] Residence of the Owner of such Land or Estate of the Day and Place for exposeing the said Lands or other Interests or Estates to a Publick Sale shall or lawfully may by such Publick Sale sell the same Lands or other Interests or Estates to the best Purchaser & out of the Money ariseing by Sale detaine and keep to themselves the Moneys to them due thereon and all Costs and Charges relateing thereunto returning the Overplus (if any be) to the Owners of such Lands or other Interests or Estates and that then and in such case the Owner of such Lands or other Interests or Estates except the Owner of such an Estate be an Infant without his or her joyning in the Conveyance thereof shall stand absolutely foreclosed from all Equity of Redemption of the same.
XXXVII. Member of House of Commons may be a Member, &c.
And be it further enacted That any Member of the House of Co[m]mons may be a Member of the said Corporation or a Director Manager or Trustee thereof Any Act heretofore made notwithstanding.
XXXVIII. How Infant may become a Contributor.
And be it further enacted That any Guardian or Trustee for any Infant may for the Benefitt of such Infant advance and pay a Su[m]m not exceeding one Moiety of the Moneys within his or her Trust upon the Terms and Recompences herein mentioned and such Infant upon Payment of such Su[m]m shall become the Contributor thereof and the Guardian or Trustee shall be discharged from the same.
XXXIX. It is to be inserted in the Letters Patent that no Person shall execute Office in Corporation without taking the Oaths of 1 W. & M. c. 8. and the following Oath.
And for the more effectual Execution of this Act according to the true intent and meaning hereof Be it enacted That it shall be incerted in the said Letters Patents of Incorporation That no p[er]son shall be capable of executing the Office or Place of Trust as a Trustee Director or Manager of the said Corporation until hee hath taken the Oaths to be administred (in manner as in the said Letters Patents shall be directed) appointed to be taken by an Act made in the First yeare of the Reigne of His said Majesty and the late Queen Mary intituled An Act for abrogateing of the Oaths of Supremacy and Allegiance and appointing other Oaths and also an Oath in like Forme as following. vizt.
I do hereby swear that to the best of my Judgment I will truely execute the Office of in all things according to the true intent and meaning of the Act of Parliament establishing the same. So help me God.
XL. The Company may transcribe Dockets of Extents, &c. kept in Courts of Record.
And for the better discovering of any Incumbrances upon Record which affect Lands Be it enacted That it shall & may be lawful for the said Corporation or any Officer Attorney or Clerk to be employed by them from time to time to copy out and transcribe the Docketts or Notes of any Extents Judgments Statutes or Recognizances kept in any the Offices of the several Courts of Record paying to the Masters or Clerks of the several Offices the usual Rates and Fees for search onely of such Extents Judgments Statutes or Recognizances.
XLI. Members as such not liable to the Bankrupt Laws.
And be it enacted That no Member of the said Corporation shall in respect of his Stock [therein (fn. 6) ] onely be or be adjudged liable to be a Bankrupt within the intent and meaning of all or any the statutes made against or concerning Bankrupts And that no Stock in the said Corporation shall be subject or lyable to any Forreigne Attachment by the Custome of the City of London or otherwise.
XLII. Recital of 5W. &M. c. 7. § I.
Certain Salt declared to be charged with the Duty of 1½. per Gallon.
And whereas in and by an Act of Parliament made in the Fifth and Sixth Yeares of the Reigne of His Majesty and the late Queen Mary of Blessed Memory entituled An Act for granting to Their Majesties certaine Rates and Duties upon Salt and upon Beer Ale and other Liquors for securing certaine Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Su[m] of Ten hundred thousand Pounds towards carrying on the Warr against France Itt is provided and enacted that there should be raised levyed collected and paid to Their Majesties Their Heires and Successors until the Seventeenth of May One thousand six hundred ninety & seven for every Gallon of Salt and Rock Salt made att the Salt Works or taken out of any Pitts within the Kingdom of England Dominion of Wales or Towne of Berwick, upon Tweed One Penny Halfe-penny and after that Rate for a greater or lesser Quantity And whereas some Dispute hath since arisen whether Salt refined or Salt made from Salt either imported or made in England and hath paid the Duties by the said Act imposed and is since melted downe either in Sea Water or other Water and made into Salt again shall be charged with the Duty of One Penny Halfe-penny For the settling whereof itt is hereby declared and enacted by the Authority aforesaid That all Salt made from Rock Salt (allowing the Draw-back for the same as in the said Act is mentioned) and all refined Salt or Salt made from Salt either imported or made in England was and is intended to be charged and chargeable with the said Duty of One Penny halfe-penny per Gallon Any thing in the said Act to the contrary notwithstanding.
XLIII. Bushell of Salt 56lb. Weight.
And whereas the Measures for making the Winchester Bushell att Eight Gallons to the Bushell appointed by the said Act for Measuring of Salt for Payment of the said Duties are various and unequal and have proved inconvenient not onely to the Duties but to the Makers and Traders in Salt in General For the Prevention whereof and the Payment of the said Duties more equally itt is hereby declared and enacted by the Authority aforesaid That all Salt att all Salt Works and Salt Pitts (Rock Salt excepted) shall be ascertained as to the Payment of the said Duties att the Rate of Fifty six Pounds Weight to the Bushel and no more Any thing in the said Act to the contrary thereof in any wise notwithstanding.
XLIV. Salt brought from Scotland by Land, and all imported Salt landed, &c. before Entry and Duty paid, forfeited.
And be it further enacted & declared by the Authority aforesaid That all Salt whether brought from Scotland by Land and alsoe all imported Salt whether the same be of the Product or Manufacture of this Kingdome or of the Dominion of Wales of Towne of Berwick upon Tweed brought in landed or putt on Shore before due Entry made with the Officer appointed to receive the same and Payment of Duties by the said Act imposed shall be forfeited one Moiety to His Majty: His Heires and Successors and the other Moiety thereof to him or them that shall or will seize informe or sue for the same Any thing in the said Act to the contrary in any wise notwithstanding.
XLV. Officer to provide Scales, Weights, &c. at Salt Works;
and may fix the same; Weigher sworn; Salary.
And for the better ascertaining the said Duties on Salt according to the Bushel of Fifty six Pound Weight herein before declared in all Parts and Places where any Salt Work or Salt Pitt is or shall be Be it enacted by the Authority aforesaid That every Collector or Officer appointed to receive and collect the said Duties shall from and after the said Seventeenth day of May One thousand six hundred ninety and six provide att every such Salt Work or Salt Pitt a sufficient Beame Scale and Weights or Stileard and shall have Liberty to fix the same in some convenient place in or about such Salt Work or Salt Pitt for the Weighing all Salt that shall be delivered from such Salt Work or Salt Pitt And that one or more Persons or Persons (as occasion shall require) living on or neare such Salt Work or Salt Pitt shall be admitted and sworne to the due and true Weighing all Salt from thence to be delivered before one or more Justice or Justices of the Peace neare adjoyning (which Oath hee or they are hereby impowered to administer) without Fee or Reward And such Weigher & Weighers shall be satisfied and paid for their pains in weighing such Salt by the said Collector or Officer for the said Duties Any thing herein or in the said former Act to the contrary hereof notwithstanding.
XLVI.
Permit delivered gratis to Carriers of Salt.
And whereas the Carriers of Salt do frequently load several Horses with Salt att one Salt Work and att one time for which they have had but one Warrant or Permitt and are often obliged for convenient Carriage of the said Salt to several Places to separate the said Horses and to drive them several Roads by which means some of the said Salt has been liable to Seizure For prevention therefore of such Inconveniences to the said Carriers Itt is hereby enacted and the said Officers are hereby strictly charged and required to deliver gratis & without delay such and so many several Warrants or Permitts to each Carrier of Salt as hee shall demand for such several Horse Loads of Salt as hee shall load att one time and att one Salt Work Any thing heretofore to the contrary notwithstanding.
XLVII. How Duties on Fish of 5 W. & M. c. 20. to be paid.
Provided always and be it enacted by the Authority aforesaid That all and every the Rates and Su[m]ms of Money directed to be paid by an Act made in the Fifth and Sixth Yeares of the Reigne of His Majesty and the late Queen Mary and herein first recited for the several sorts of Fish (except Conger) therein mentioned to be exported shall be allowed and paid dureing the Continuance of this Act in such manner as by the said first recited Act is directed and appointed Any thing herein to the contrary notwithstanding.
XLVIII. Salt to be sold at 56lb. to the Bushel.
Penalty £5.
And be it enacted by the Authority aforesaid That all Persons selling Salt (except Forreigne Salt) made for Use shall from and after the Seventeenth day of May One thousand six hundred ninety and six sell the same after the Rate of Fifty six Pound Weight to the Bushel and not otherwise and so in proportion for a greater or lesser Quantity And that every Person offending therein shall for every such Offence forfeit the Su[m]m of Five Pounds to the Informer to be sued for and recovered in such manner as other Forfeitures by this Act are to be sued for and recovered.
XLIX.
Duties on Glass, &c. under 6 & 7 W. & M. c. 18. to be levied as by this Act; and the said Act continued; Certain other Duties hereby granted on.
And to the end the Yearely Fund intended to be settled and payable by this Act for ever subject neverthelesse to the Proviso of Redemption aforesaid may be the more certainly and effectually raised and for the better Security and Encouragement of all and every such Person and Persons who shall subscribe and advance their Money for the Ends and Purposes before mentioned. Wee Your Majesties said dutiful and loyal Subjects the Co[m]mons of England in Parliament assembled have given and granted and do hereby give & grant to Your Majesty Your Heires and Successors Kings and Queens of England the further Impositions Rates and Duties herein after specified. And be it further enacted by the Authority aforesaid That all and every the Impositions Rates and Duties upon Glasse or Glasse Wares Stone Bottles and Earthen Bottles and every of them granted by the above mentioned Act intituled An Act for granting to His Majesty certaine Duties upon Glasse Wares Stone and Earthen Bottles Coals and Culme for carrying on the Warr against France shall be raised levied collected answered and paid unto Your Majesty Your Heires and Successors Kings and Queens of England for ever in the same Manner and Forme and by such Rules Ways and Means and under such Penalties and Forfeitures as are mentioned in the Act last, mentioned for raiseing levying collecting answering and paying the same for the Terme granted in the said Act And that the said last mentioned Act and every Article Rule and Clause therein contained as for and concerning the Rates Duties & Impositions upon Glasse Wares Stone Bottles and Earthen Bottles onely shall continue and be in full Force for ever as fully and amply to all Intents and Purposes as if the same were particularly recited exp[re]sed and repeated in this Act And that from and after the Seventeenth Day of May One thousand six hundred ninety six there shall be raised levied collected and paid unto Your Majestie Your Heires and Successors Kings and Queens of England for ever for and upon all sorts of Tobacco Pipes and for and upon all sorts of Stone or Earthen Wares which att any time or times shall be made burnt or baked within the Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed or imported or brought into the same (China Wares or Wares usually called by the Name of China Wares Stone Bottles and Earthen Bottles excepted) the several and respective Impositions Rates Duties and Su[m]ms of Money herein after mentioned over and above all such Duties and Customs as are already payable for or upon the Importation of any of the said Wares or Co[m]modities that is to say.
Unglazed Tobacco Pipes.
For all unglazed Tobacco Pipes which from and after the said Seventeenth day of May shall be made or manufactured att any time or times within the Kingdom Dominion or Towne aforesaid the Su[m]m of Twelve Pence of lawfull English Money for every Grosse of the said Pipes reckoning every Grosse to containe One hundred forty foure Pipes and no more and after that Rate for a greater or lesser Quantity.
Glazed Tobacco Pipes,
And for all glazed Tobacco Pipes which after the said Seventeenth day of May shall be made or manufactured att any time or times within the Kingdom Dominion or Towne aforesaid the Su[m]m of One Shilling and Six Pence for every Grosse of the same reckoning every Grosse to be in Number as aforesaid and after that Rate for a greater or lesser Quantity.
Earthen Ware.
And for all sorts of Wares or Co[m]modities made of Earth or Stone and which shall be made baked or burnt with Fire co[m]monly known by the Name of Earthen Wares (except as before excepted) which shall att any time or times after the said Seventeenth day of May be made or manufactured in the Kingdome Dominion or Towne aforesaid there shall be paid & answered a Duty to be computed after the Rate of Ten Pounds for every Hundred Pounds of the true and real value thereof.
Tobacco Pipes and Earthen Ware imported.
And for all sorts of Tobacco Pipes and such Stone and Earthen Wares as aforesaid (except before excepted) which not being made or manufactured in the Kingdome Dominion or Towne aforesaid shall be imported or brought into the same att any time or times after the said Seventeenth day of May there shall be paid and answered that is to say For all sorts of Tobacco Pipes so imported the Su[m]m of Five Shillings for every Grosse computeing the Grosse as aforesaid and after that Rate for a greater or lesser Quantity And for such Stone or Earthen Wares imported (except before excepted) a Duty to be computed after the Rate of Ten Pounds for every hundred Pounds of the true and real value of the same.
Duties on Manufactured Goods paid by Maker.
All which said Rates and Duties by this Act imposed for and upon such of the said Tobacco Pipes Stone and Earthen Wares as shall be made within this Kingdom Dominion or Towne aforesaid shall be paid by the respective Maker and Makers of the same.
L. Duties on Goods imported paid by Importer, and Entry made before Landing.
Penalty.
And it is hereby further enacted That for such of the said Pipes Stone & Earthen Wares as shall be imported or brought in from beyond the Seas the Duties by this Act charged shall be paid by the respective Importer or Importers thereof (over and above such Duties as are already payable upon such Importation) in Ready Money upon his or their Entrie or Entries made and before [his (fn. 7) ] landing thereof And that in case such Forreigne imported Wares of the kinds before mentioned shall be landed or brought on Shore or taken out of any Shipp or Vessell from beyond the Seas before due Entry be made thereof in the Custome House of the Port or Place where the same shall be imported and the Duties hereby imposed be fully paid or without any Warrant for the landing and delivering of the same first signed by the Co[m]missioners Collector or other proper Officer or Officers of His Majesties Customs that all such imported Pipes Stone or Earthen Wares so landed or brought on Shore or taken out of any Ship or Vessell contrary to the true Intent and Meaning hereof or the Value of the same shall be forfeited and lost and shall and may be recovered of the Importer or Proprietor thereof (vizt) One Moiety of the same to the Use of His Majesty His Heires and Successors and the other Moiety to the Person or Persons who shall seize the said Pipes or Wares or sue for the same or the Value thereof by Action of Debt or the Case Bill Suit or Informac[i]on wherein no Essoign Protection or Wager of Law or more than One Imparlance shall be allowed.
LI. Duties on Goods imported under Management of Customs.
Regulation as to Duty ad valorem.
And it is hereby further enacted That the said Duties on such of the said Pipes Stone and Earthen Wares as shall be imported as aforesaid shall be from time to time under the Management and Government of the Co[m]mssioners of the Customs for the time being who shall cause the same from time to time to be raised levied collected and paid by the Officers of the Customs to the Hands of the Receiver or Receivers General of the Revenues of the Customs for the time being And such Receiver or Receivers General for the time being shall answer and pay the Money arising thereby (the necessary Charges of raiseing collecting and answering the same onely excepted) into the said Receipt of ( (fn. 8) ) Excheq[uer] distinct and apart from all other Branches within his or their Receipts for the Purposes in this Act mentioned And for the said Stone and Earthen Wares imported which are hereby appointed to pay the Duty ad valorem the respective Customer or Collector or other proper Officer or Officers of the Customes for the time being shall receive and levy such Duties hereby imposed according to the value and price of such Goods to be esteemed upon the Oath of the Merchant or Importer of the same and such Oath shall be administred and all other Matters done for ascertaining recovering and levying the said Duties hereby granted upon the value of the said imported Stone or Earthen Wares in the same manner and forme as are now lawfully used done & performed in Cases where Goods pay the Subsidy of Poundage or other Duties ad valorem upon the Importation thereof.
LII. Duties on Goods manufactured under Commissioners for Duties on Glass and Earthen Wares.
Treasury may order Salaries and other Incidents to be paid out of Duties, and make Order for collecting the said Duties.
And be it further enacted That the said Duties on such of the said Pipes Stone and Earthen Wares as shall be made or manufactured in the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed shall be from time to time under the Management and Government of the Co[m]missioners for managing the Duties on Glasse Wares Stone and Earthen Bottles for the time being who shall hereby have power to substitute Deputies or inferior Officers under them for the Purposes aforesaid and shall cause all the Moneys ariseing by the said Duties on Pipes Stone and Earthen Ware made or manufactured in England Wales or the Towne of Berwick upon Tweed (except the necessary Charge of managing or collecting of the same) to be brought and paid into the Receipt of the Excheq[uer] from time to time for the purposes in this Act mentioned And that it shall and may be lawfull to and for the Co[m]missioners of the Tresury now being or any Three or more of them or to and for the Lord Tresurer for the time being or to and for the Co[m]missioners of the Tresury for the time being or any Three or more of them out of the said Duties ariseing by this Act on Pipes Stone and Earthen Wares as aforesaid to cause such Su[m]m and Su[m]ms of Money to be expended and paid from time to time for Salaries or other incident Charges as shall be necessary in, and for receiving collecting and managing the same And the said Co[m]missioners of the Tresury or any Three of them now being or the Lord Tresurer or any Three or more of the Co[m]missioners of the Tresury for the time being are hereby impowered from time to time to sett downe settle and prescribe such Orders Rules and Instructions for the better Guidance of the said Officers or any of them in and for the ascertaining charging & collecting of the Duties hereby imposed or intended to be imposed on the said Pipes Stone and Earthen Wares as shall be most conduceing to the Intent and Meaning of this Act.
LIII. Regulations for adjusting the Value of Goods charged with ad valorem Duty.
Proceedings in case of Fraud.
And for the better adjusting the Value of such Goods as are charged by this Act to pay the Duty ad valorem and to prevent Disputes ariseing thereby Be it further enacted and declared That the Value of such of the said Stone and Earthen Wares as shall be made or manufactured in England Wales or Towne of Berwick as aforesaid and which by this Acta are to pay the Duties ad valorem shall in all cases be taken to be so much as such Co[m]modities shall be worth to be sold as soon as they are perfectly made or fitt for use And in case any Dispute or Controversie shall att any time or times arise touching the Valuation of such Co[m]modities between the Marker or Makers and the Officers of His Majesty His Heires or Successors (which said Officer and Officers are to be under such Orders and Instructions as are before mentioned) in all and every such [case & (fn. 8) ] cases the Value of such Goods shall be esteemed by the Affidavitt of such Maker or Makers of the Value thereof according to his her or their usual Rates and Prices of selling the same Which Affidavitt shall be made in Writing before any of His Majesties Justices of the Peace (who are hereby impowered and required to take the same) to be delivered to the said Officer or Officers who shall thereupon have Power by this Act (if hee think the King to be apparently defrauded) to take such Goods att the Value specified in such Affidavitt & Twenty Pounds per Centum [more (fn. 9) ] for His Majesties Use paying downe Ready Money to the Maker for the same which Ready Money so paid downe shall be allowed upon the Accounts to be made to His Majesty His Heires or Successors for the Duties aforesaid And the Goods in such Cases shall be sold and disposed of for the best Advantage and Profitt of His Majesty His Heires and Successors.
LIV. Notice of usual Place of Baking, &c. to be given to Officer;
and also of change of Workhouse, Names, and Places of Abode, &c; Penalty £20.
And it is hereby further enacted by the Authority aforesaid That all and every Person and Persons who are now the Maker or Makers of the said Manufactures of Pipes Stone or Earthen Wares or any of them shall before the Twentieth day of May One thousand six hundred ninety six give Notice in Writing to some one or more of the Co[m]missioners or Officers appointed or to be appointed to manage or collect the said Duties or cause such Notice to be left where such Co[m]missioners or Officers shall usually reside or execute his or their Trust of the Place or Places where every such Person or Persons do usually make bake or burn the Manufactures aforesaid with their Names and Places of Abode respectively And that all and every such Person and Persons as often as hee she or they shall change their Work-house or Places of Abode or shall make any such Pipes or Wares in any other Place or Places and all and every such Person and Persons who shall att any time or times hereafter be the Maker or Makers of any such Pipes and Wares as aforesaid or any of them shall give or leave the like Notice of their respective Names & Places of abode and the Places where they shall make or intend to make any such Pipes or Wares before they or any of them do P[re]sume to make bake or burne the same in any such new place or places to the end the said Co[m]missioners and other Officers may have due knowledge of all the places where the said Goods shall be made and be the better enabled to secure the Duties hereby granted And if any such Maker or Makers shall neglect to give or leave such Notice as is required by this Act hee she or they shall for every such Offence forfeit the Su[m]m of Twenty Pounds the one Moiety to His Majesty His Heires and Successors and the other Moiety to him or them that will sue for the same as aforesaid.
LV.
On charging Pots, &c. and before uncovering, &c. Maker to give Notice to Officer; Pots, &c. not to be uncovered, &c. but in the Presence of Officer and on Notice; Penalty.
And the better to prevent any Frauds or Concealments whereby His Majesty His Heires or Successors may be injured or deprived of His or their Dues according to the true meaning of this Act Be it further enacted That the several & respective Makers or Proprietors of the said Stone and Earthen Wares and Tobacco Pipes as often as they shall sett charge or fill any Pott Kiln Furnace Oven or other Place whatsoever for the baking burning or finishing any of the Wares mentioned to be taxed by this Act shall after the same is charged sett and filled & before they shall either uncover open draw break bulk or remove any of the said Stone or Earthen Wares or Tobacco Pipes from the said Potts Kilns Furnaces Ovens or Places of Burning of Nealing shall give due Notice to such Officer as aforesaid to be present att the uncovering opening breaking drawing removing or examining the said Potts Kilns Furnaces Ovens or Places of Burning or Nealing and shall not on any pretence whatsoever break draw uncover or open the said Pott Kilne Furnace Oven or Place of Burning so as to take out any of the said Goods or Wares therein but in the Presence of the said Officer or without giving due Notice to him that (without his wilfull Default) hee may be then present And shall give to the said Officer a true Entry of the said Goods so baked burnt or made signed by the Maker or Owner of the said Works containing the several and distinct Kinds Numbers and Quantities of the Goods so made and the real Value of such of them as are to pay by the Value and shall not remove any of the said Goods without Warrant or Permission signed by the said Officer from the Warehouse or other Place where the same shall be first putt after their drawing from the Fire as aforesaid under the several Penalties hereafter mentioned Which Warrants the said Officers are hereby required to give gratis after the Duty to the King thereby granted be first paid or secured as by this Act is further directed.
LVI. Duties to be paid on Entry, or Bonded.
Allowance on prompt Payment.
And it is hereby further enacted That the said Duties on Tobacco Pipes and the Values of Stone and Earthen Wares as aforesaid shall be paid downe (to the Officer appointed to receive the same) by the respective Owner or Maker of the same att the time of making the Entry thereof as aforesaid or otherwise to be secured by Bond for the Payment thereof att Three Months And if any such Maker or Makers shall pay downe the said Duty hereby imposed att the time of such Entry hee or they shall be allowed for such Prompt Paymt after the Rate of Ten Pounds per Cent. per Annum upon every Su[m]m so to be paid for the said Time of Three Months.
LVII. Officer to have free Ingress, &c. to Workhouses by Night or by Day, and by Day into Warehouses, &c.
Refusal; Penalty £5.
And for the better Discovery of all Frauds or Concealments Be it further enacted That the Officer appointed to inspect the several Works or Work houses for the said Co[m]modities shall have free ingresse egress and regress into all such Houses Buildings or Places where such Tobacco Pipes Stone or Earthen Wares are made or burnt att all times whether by Night or Day whensoever and as long as the Fires shall be in or that the Makers thereof or their Servants shall be att Work and att all seasonable houres in the Day time into their Warehouses Store-houses or Places to search or see what Quantities of the said Goods are made or making removed or remaining And if any Owner or Employer of any Pot-house Pipe-house Ware-house or Store-house where any of the said Wares are made burnt baked nealed or laid upp shall att any of the time or times aforesaid refuse Entrance to the Officers as aforesaid they shall for every such Refusal forfeit the Su[m]m of Five Pounds the One Moiety thereof to the Use of His Majesty His Heires and Successors and the other Moiety thereof to him or them who shall sue for the same as aforesaid.
LVIII. Burning new and old Pipes together; Penalty.
And for the better securing & collecting the aforesaid Duty on Tobacco Pipes Be it further enacted That no Maker or Burner of Tobacco Pipes shall att any time be permitted to burn or bake new Pipes and old Pipes together in the same Kiln Pott Oven or Place of Burning under the Penalty hereinafter mentioned.
LIX. Building, &c. Kiln, &c. without Notice, or burning new and old, Pipes together, or not making due Entries, or removing before Entry made, or permit, or not giving Notice of drawing Potts, or concealing Commodities;
Penalty.
And it is hereby further enacted That if any Maker Burner or Nealer of Glasse Wares Earthen Wares or Tobacco Pipes shall att any time keep sett upp build or make use of any Kiln Pott Oven or Furnace without giving Notice as aforesaid or shall burne new and old Pipes together or shall endeavour to defraud His Majesty His Heires or Successors of any of the Duties by this Act payable either by not makeing due and true Entries as aforesaid or by removing or carrying away any of the said Goods or Wares from the Place of burning or nealing before due Entrys be made or by removing or carrying away of the said Goods or Wares from any the said Warehouses before the same shall be permitted by Warrant from the Officer as aforesaid or by not giving due Notice to the Officer to be present att the opening or drawing of the several Potts Kilns Furnaces Ovens or Places of burning or nealing as aforesaid or shall fraudulently remove hide or conceal any of the said Co[m]modities to the Intent to deceive His Majesty His Heires or Successors of his or their just due for the same That for every such Offence the said Maker or Makers shall forfeit to the Use of His Majesty His Heires or Successors the Su[m]m of Twenty Pounds and all the Goods so removed concealed or endeavoured to be concealed shall be seized and forfeited one halfe Part to the Use of His Majesty His Heires and Successors and the other halfe Part to the Officer who shall seize or sue for the same which Forfeitures shall and may be recovered in the manner before mentioned.
LX. No Fee, &c. for permit.
Provided always and it is hereby enacted That no Fee or other Reward shall be had or taken by any of the said Officers from any of the said Makers for any Warrants or Permitts to be given by them.
LXI. No Duty on broken Goods, &c.
Provided also That if any of the said Wares upon drawing are broken or otherwise made unfitt for Sale there shall no Duty grow due for the same by virtue of this Act but the Officer shall see the same destroyed.
LXII. Upon Oath on Exportation of Commodities,
Administered by Officer at Port of Exportation; Repayment of Duty.
Provided also That if any Person or Persons shall export beyond the Seas for Sale any of the said Manufactures or Co[m]modities made in England or the Dominion and Town aforesaid charged by this Act that then upon Oath made that the Duties first due and payable to His Majesty His Heires or Successors for the same by this Act were duely paid or secured and upon Security to be first given that the Goods are shipt and that since they were shipt they are not nor shall not be relanded in England Wales or Berwick which Oath shall and may be administred and the said Security taken by the Customer or Comptroller of the Port where such Exportation [shall bee made the Duties which (fn. 10) ] shall have been paid for such of the said Co[m]modities so exported shall be repaid or so much shall be discharged upon the Security before given for the same Any thing in this Act before mentioned to the contrary notwithstanding.
LXIII. Proviso for certain Bricks and Tiles.
Provided also That nothing in this Act shall extend to tax either Bricks used in Building or Tiles used in covering of Houses.
LXIV. Commissioners, &c. of Duties upon Glass to keep Account of Duty;
and pay weekly into the Exchequer; where distinct Account kept; Commissioners, &c. neglecting, &c. or misapplying Monies; Penalty.
And be it further enacted by the Authority aforesaid That the Co[m]missioners Receiver or Receivers General for the time being who shall from time to time, have the Receipt of the said Duties upon Glass and Glasse Wares Stone Bottles and Earthen Bottles and upon Tobacco Pipes Stone Ware and Earthen Ware and every of them shall from time to time for ever hereafter keep true Accounts of the same to which Accounts all Persons concerned shall have free accesse att all seasonable times without Fee or Charge And the same Co[m]missioners Receiver or Receivers General for the time being shall from and after the said Seventeenth Day of May Weekly for ever to witt on Wednesday in every Week if it be not an Holy day and if it be then on the next day after that is not an Holy day pay all and every the Moneys arising by the same several Duties (the necessary Charges of levying collecting and answering the same onely excepted) into the Receipt of His Majesties Exchequer where a distinct and separate Account shall bee kept of the Moneys so coming in to which Persons concerned may have free access as aforesaid And if any such Co[m]missioners Receiver or Receivers General who shall have the Receipt of the Duties last mentioned or any of them shall refuse or neglect to keep such Accounts or make the said Payments into the Receipt of the Excheq[uer] as they are hereby required or shall divert or misapply any part of the Moneys so arising by the Duties last mentioned then they respectively for any such Offence shall forfeit their Places and be uncapable of any Office or Place of Trust whatsoever and shall be liable to pay the full Value of any Su[m]m or Su[m]ms so diverted or misapplied to any Person or p[er]sons grieved thereby and who will sue for the same by any Action of Debt or of the Case Bill Plaint or Information as aforesaid.
LXV. In what Manner Duties forming yearly Fund of £179, 480, appropriated.
Applying the same otherwise; Penalty.
And be it further enacted That all the Su[m]ms of Money arising by the said Duties on Glasse or Glasse Wares Stone Bottles and Earthen Bottles and upon Tobacco Pipes Stone Ware and Earthen Ware which shall be from time to time brought into the Receipt of the Exchequer as aforesaid or so much thereof as (together with the abovesaid Duties upon Salt) shall be sufficient to make upp & compleat the yearely Fund of One hundred seventy nine thousand four hundred and eighty Pounds above mentioned or the proportionable part thereof to be payable in respect of the Moneys which shall be actually advanced in pursuance of this Act shall be appropriated and applied and the same are hereby appropriated for and towards the making upp and compleating of such yearely Fund or such proportionable part of the same and shall be issued and paid out of the said Receipt of [the (fn. 11) ] Excheq[uer] and be applied to and for the same Uses and Purposes and in the same Manner and forme to which the said yearely Fund or the said proportionable part thereof are hereby intended and appointed to be issued paid and applied and that as fully and effectually as if such Moneys had arisen from the Duties upon Salt abovementioned to be granted and to no other Use Intent or Purpose whatsoever under the like Penalties Disabilities & Forfeitures to be incurred by the respective Officers of the Excheq[uer] their Clerks or Deputies for diverting or misapplying any of the Moneys ariseing by the said Duties upon Glasse or Glasse Wares Stone Bottles Earthen Bottles Tobacco Pipes Stone Ware and Earthen Ware or any of them or for not making due and regular Payments thereof without any Fee or Reward as such Officers their Deputies or Clerks respectively are to incurr for diverting misapplying or not duely paying the Moneys of the said Duties upon Salt by this Act above granted.
LXVI. The first Buyers of Tobacco Pipes to pay Duty to Makers over and above Prices.
Proceedings in case of Refusal, &c.
Provided always and be it enacted by the Authority aforesaid That the first Buyers of Tobacco Pipes shall pay and satisfie to the Makers and Manufacturers thereof the several Duties and Impositions by this Act taxed and imposed upon Tobacco Pipes in Proportion to what they shall buy over and above the usual Prices that have been paid for the same within Six Months last past And in case of Refusal or Neglect to pay the said Duties as aforesaid and on Complaint thereof made upon Oath to the Justices of the Peace att the next General Sessions of the Peace for the County or Place where such Pipes were made itt shall and may be lawfull for the said Justices to order the Payment thereof And in case of Disobedience to such Order to co[m]mitt the Party so refusing till hee shall pay the said Duties or to cause the same to be levied by Distresse and Sale of the Offenders Goods as in the Discretion of the said Justices shall seem meet And also that the Makers or Manufacturers of Tobacco Pipes shall not be liable to the Payment of the said Duties and Impositions until Three Months after the making of such Tobacco Pipes Any thing in this Act contained to the contrary thereof in anywise notwithstanding.
LXVII.
His Majesty or the Exchequer may borrow upon Interest as herein mentioned; Money lent Tax free.
And for the more certaine speedy & effectuall raiseing of the said Su[m]m of Twenty five hundred and sixty foure thousand Pounds for the several Purposes before mentioned And to the end the Supplies thereby intended as well for the carrying on of the said Warr as for the just Satisfaction of all Persons who had Securities upon the said Duties by this Act taken away or otherwise disposed may not in any Case be frustrated disappointed or diminished itt is hereby provided and be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for His Majesty or His Officers in the Receipt of Exchequer by His Majesties co[m]mand and Appointment from time to time to borrow or take into the said Receipt any Su[m]m or Su[m]ms of Money whatsoever from any Person or Persons Natives or Forreigners Bodies Politick or Corporate that shall be willing to lend or advance the same either upon the Creditt of Repayment by Orders to be registred and paid in Course with Interest after the Rate of Seven Pounds per [Cent (fn. 11) ] per Annum or upon the Creditt of Bills to be made payable upon Demand with Interest not exceeding the Rate of Three pence per diem for every One hundred pounds in the respective Manners and Forms herein after mentioned so as that the principal Su[m]ms which att any one time shall be due and owing either upon the said Orders or upon the said Bills or both shall not exceed the said Su[m]m of Twenty five hundred and sixty foure thousand Pounds And so as that before the First day of August One thousand six hundred ninety six any Su[m]m or Su[m]ms of Money exceeding in the whole the Su[m]m of Fifteen hundred thousand Pounds shall not be advanced upon the Creditt of such Bills payable att demand as aforesaid And that it shall and may be lawfull to and for His Majesty att any time or times by any Warrant or Warrants under His Privy Seale to direct limitt and appoint how much of the said Su[m]m and Su[m]ms of Money so to be lent or advanced as aforesaid shall or may from time to time be lent upon the Creditt of Orders in course bearing Interest att the said Rate of Seven Pounds per [Cent (fn. 11) ] per Annum or be advanced from time [to time (fn. 12) ] upon Creditt of Bills payable att Demand with such Interest not exceeding Three pence per diem for every One hundred Pounds as aforesaid so as the Principal to be due or owing att any one time upon the whole or the Money to be advanced upon Bills before the said First Day of August do not exceed as aforesaid And that no Moneys whatsoever so to be advanced or lent shall be taxed or assessed to or for any publick Tax Charge or Imposition whatsoever.
LXVIII. Money lent registered.
Tally of Loan to Lender; Monies lent paid according to Date of Tally; Officer or Deputy making undue Preference, &c; Penalty; Orders and Money assignable.
And be it further enacted by the Authority aforesaid That in all Cases where any Su[m]m or Su[m]ms of Money shall be lent upon the Creditt of Repayment by Order in Course as aforesaid the Su[m]m or Su[m]ms or Money so lent shall be entred or registred in a distinct Book to be kept for that purpose in the said Receipt according to the time of lending the same And the Lender or Lenders thereof shall im[m]ediately have a Talley of Loan, struck for the said Moneys so lent and an Order bearing the same Date with the Talley for Repayment of the Su[m]m or Su[m]ms so lent to him her or them his her or their Executors Administrators and Assignes with the said Interest att the Rate of Seven Pounds per [Cent. (fn. 11) ] per Annum And that the principal Moneys so to be lent shall be paid and payable in Course according to the Dates of the said Tallies And the said Interest shall be satisfied every Three Months until satisfaction of the Principal out of the Moneys ariseing by the said Duties on Salt Glasse Stone and Earthen Wares and other Duties by this Act granted which shall not be diverted or divertible to any other Use Intent or Purpose whatsoever so long as any principal Su[m]m so to be borrowed or the Interest thereof shall remaine unsatisfied And that the respective Officers in the Receipt of Excheq[uer] and their respective Deputies or Clerks for making any undue preferrence either in point of Registry or Payment or for taking any Fee Reward or Gratuity or for not directing recording or making Payments according to each Persons [due (fn. 12) ] Place and Order as is before directed [& (fn. 13) ] appointed for and concerning the Moneys so to be lent upon Creditt of Repayment by Orders in Course and the Interest thereof as aforesaid shall incurr and forfeit such or the like Penalties and Disabilities as in and by an Act of this present Session of Parliament intituled An Act for granting to His Majesty and Aid of Foure Shillings in the Pound for one Yeare for carrying on the Warr against France are to be inflicted upon the like Officers Clerks and Deputies or any of them for giving any undue Preference or for taking any Fee Reward or Gratuity or for not directing recording or making the Payments in due Course and Order in Referrence to the Loans on that Act or the Interest thereof And that the Orders so to be payable in Course and the Moneys payable thereby or any part thereof shall be assignable and transferable from one Person to another and so over by Endorsments upon such Orders to be first entred in a Book for that Purpose to be kept in the Office of the said Auditor of the Receipt.
LXIX. Lenders of Money upon Credit of Bills, to have Bills payable at Demand, with Interest.
And be it further enacted by the Authority aforesaid That in all Cases where any Su[m]m or Su[m]ms of Money shall be advanced att the said Receipt upon the Creditt of Bills to be made payable upon Demand as aforesaid the Person or Persons so advanceing or paying any such Su[m]m or Su[m]ms of Money shall immediately have a Bill or Bills delivered to him for so much as the Principal Money so advanced or paid shall amount unto which Bill or Bills shall be payable att demand and shall containe therein an Allowance of Interest not exceeding the Rate of Three pence per diem for every One hundred Pounds as aforesaid and shall be satisfied from time to time out of the Cash or Current Moneys which shall arise by any Loans or Advances upon Creditt of Repayment either by Orders or Bills as aforesaid or when there shall be no Orders of Loan charged on the Duties hereby granted remaining unsatisfied then out of any Moneys that shall be in the Receipt of the Exchequer of the said Duties hereby granted.
LXX.
Auditor of Exchequer to prepare indented Bills at Credit, to be signed by him, and sealed as herein mentioned; Counterparts to remain in the Books at the Exchequer; and Auditor to deliver the Bills to Tellers, who are to deliver the same to Lenders; Voluntary Acceptance of such Bills deemed good Payment; Tellers having Money advanced in hand, to pay therewith Money due upon Bills; Penalty.
And for that end and purpose itt is hereby further enacted by the Authority aforesaid That the Auditor in the Receipt of His Majesties Excheq[uer] for the time being (pursuant to such Orders and Directions as hee shall from time to time receive from the Co[m]missioners of His Majesties Tresury or any Three or more of them now being or from the High Tresurer or any Three or more of the Co[m]missioners of the Tresury for the time being which Orders and Directions they are hereby authorized to issued from time to time shall make and prepare indented Bills of Creditt to be signed by him the said Auditor and to be sealed with such publick Seale as shall be appointed for that purpose which Bills shall severally containe therein any even Number of Pounds Sterling to witt the Su[m]m of Ten Pounds Twenty Pounds Thirty Pounds Fifty Pounds or One hundred Pounds in each of them or such other Su[m]ms as shall be most convenient for the Accomodation of those that shall accept the same the Counterparts of which Bills shall remaine in Books att the Exchequer for trying the Truth of the Original Bills whensoever there shall be Occasion And the same Bills shall be so fashioned as may render them lesse liable to be counterfeited or fraudulently resembled And the said Auditor of the Receipt shall from time to time (according to such Orders or Directions as hee shall receive as aforesaid) deliver to the respective Tellers in the Receipt of Excheq[uer] the said Bills so made forth (taking the Receipts of the said Tellers for the same and charging them respectively with the Moneys which shall be contained in the said Bills so delivered) which said Tellers respectively are hereby authourized and required upon the advancing of any Money to their Hands by any Person or Persons upon the Creditt of any such Bills as aforesaid to deliver to such Person or Persons respectively such Bill or Bills for the same to the Amount of the Moneys so advanced in Principal and the said Bills so delivered out shall and may passe in payments from any Person or Persons [to any other p[er]son or p[er]sons (fn. 14) ] that shall be willing to accept or take the same and not otherwise And the voluntary Acceptance thereof shall be deemed to be good Payment as if the Persons receiving the same for Debt Rent or other Cause whatsoever were paid in the lawfull Coins of this Kingdome And that the several Tellers in the Receipt of His Majesties Exchequer or any of them who shall have any Money att any time or times remaining in his or their Hands of the Moneys which shall have been lent or advanced by this Act upon Creditt of Repayment either by Orders or Bills as aforesaid shall from time to time upon Demand made to such Teller or Tellers out of such Money satisfie and pay by virtue of this Act the Principal and Interest which shall be due upon any Bills delivered out as aforesaid to the Person or Persons bearing and delivering back the same to such Teller or Tellers without any further or other Warrant or Order to be sued for had or obtained in that behalfe And in case any such Teller or Tellers shall refuse or neglect to make such Payment (having Money as aforesaid) such Teller or Tellers shall forfeit his Office and be uncapable to serve His Majesty in any Office or Imployment whatsoever and shall be bound by virtue of this Act to render and pay to the Party grieved double as much as the Moneys so demanded shall amount unto which shall and may be recovered by Action of Debt or the Case Bill Suit or Information in any Court of Record wherein no Essoign Protection Wager of Law or more then one Imparlance shall be granted or allowed.
LXXI. Auditor to keep Account of Bills prepared and delivered as aforesaid, and Tellers to keep an Account of Bills received, and of Monies received and paid, to which Accounts Access may be had without Fee.
Penalty; Treasury, &c. may cause Bills brought back and paid off to be cancelled, or to cause the same to be reissued or new Bills to be made and issued; Such Bills exceeding the Sums of Money herein mentioned; Penalty; Forging Bills of Credit or tendering, knowingly, forged Bills; Felony; Treasury may order Charges of making the said Bills, &c. to be defrayed as herein mentioned; reserving necessary Cash in the Exchequer to answer Bills.
And be it further enacted by the Authority aforesaid That the said Auditor of the Receipt shall cause to be kept a true Account of all the Bills by him made & prepared as aforesaid and delivered to the said Tellers and that the said Tellers shall keep true Accounts as well of the Bills which they shall respectively receive and issue out as also of the Moneys which they shall actually receive and pay in relation to the said Bills pursuant to this Act to which several Accounts all Persons concerned shall have free accesse att all seasonable times to the end they may be satisfied that the Su[m]m for which Bills may be issued out pursuant to this Act is not exceeded and may be acquainted from time to time with the State of the Cash and other Matters relating to this Affair And that no Fee Reward or Gratuity shall be demanded or taken by any Officer in the Receipt of [the (fn. 15) ] Exchequer or any of their Clerks or Deputies for any View Search Entry Payment or other Matter relating to the said Bills of Creditt under the Penalty of forfeiting their respective Places and being disabled to serve His Majesty as aforesaid And the said Co[m]missioners of His Majesties Tresury or any Three of them now being or the Tresurer of the Excheq[uer] or any Three or more of the Co[m]missioners of the Tresury for the time being are hereby authorized and required from time to time as they shall see Occasion to cause any of the said Bills of Creditt which shall have been brought back to the Excheq[uer] and paid off to be cancelled and the Fund hereby appointed for Satisfaction of the same and the respective Tellers. Accounts to be totally discharged, of those Bills or to cause the said Bills or any of them to be issued out again or to cause new Bills to be made and issued instead of those which shall be cancelled or any of them so as the whole Principal which att any time shall be due upon the Bills or Orders or both as aforesaid do not exceed the said Su[m]m of Twenty five hundred and sixty foure thousand Pounds And in case the said Co[m]missioners of the Tresury or Tresurer of the Exchequer shall direct or the Auditor of the Receipts shall make or the said Tellers shall issue forth such a Number of the said Bills of Creditt as that the whole Principall Su[m]m which shall att any one time be due thereupon and [upon (fn. 16) ] the Orders of Loan before mentioned do exceed the said Su[m]m of Twenty five hundred and sixty foure thousand Pounds or that a greater Su[m]m than Fifteene hundred thousand Pounds shall be issued in such Bills before the said First day of August that then and so often they or such of them that shall offend therein and their respective Mannors Lands Tents Hereditaments Goods Chattells and Estates whatsoever shall be subject and liable and they are by Force and virtue of this Act made subject & liable to answer and pay the Principal and Interest which shall be due upon any such Bills of Creditt as aforesaid besides Damages & Costs of Suit to any Person or Persons who shall be possest of any such Bills of Creditt and will sue for the same by Action of Debt or on the Case Bill Suit or Information as is before mentioned And if any Person or Persons shall forge or counterfeit any such Bill of Creditt as aforesaid or tender in Payment any forged or counterfeited Bill of Creditt or demand Money thereupon att the Exchequer (knowing the Bill so tendred or whereupon the Money shall be so demanded to be actually forged or counterfeited) and with an Intention to defraud His Majesty or any other Person or Persons that then every such Person or Persons so offending (being thereof convicted in due Forme of Law) shall be adjudged a Felon and shall suffer as in Cases of Felony And the Co[m]missioners of His Majesties Tresury or any Three of them now being or the Tresurer of the Exchequer or any Three or more of the Co[m]missioners of the Tresury for the time being are hereby authourized directed & impowered to cause the necessary Charge of making the said Bills of Creditt and performing other the [said (fn. 17) ] Services by this Act required to be done in the Receipt of the Exchequer not exceeding in the whole Foure thousand Pounds per Annum to be born and defrayed out of the Moneys to be lent or advanced as aforesaid and to issue from time to time to and for the Service of the said Warr and other the Purposes by this Act intended to be provided for any other parts or proportions of the said Moneys which shall be lent or advanced either upon the Creditt of Repayment by Orders in course or by Bills of Creditt as aforesaid always reserving so much in Cash att the said Receipt of Exchequer as they in their Judgments and Discretions shall think necessary for the Circulations of the said Bills of Creditt and answering such of them for which such Cash may probably from time to time be soon demanded.
LXXII. Proviso where Persons possessed of Bills of Credit desire (on Failure of Cash to answer them) to exchange the same for a perpetual Yearly Rent.
Provided always and it is hereby further enacted, That any Person or Persons Natives or Forreigners Bodies Politick or Corporate who shall be possest of any of the said Bills of Creditt (in case there should be a Failure of Cash coming into the Exchequer to answer the same upon demand) shall and may signifie his her or their desires to the said Auditor of the Receipt for the time being to exchange his her or their Bill or Bills of Creditt aforesaid for a perpetual yearly Rent or Payment after the Rate of Seven Pounds per [Cents (fn. 18) ] per Annum to be issueing and payable out of the said Duties upon Salt and other the Duties hereby granted and upon delivering upp of such Bill or Bills of Creditt to the said Auditor of the Receipt and cancelling the same all and every such Person and Persons Natives and Forreigners Bodies Politick and Corporate their Heires Successors & Assigns respectively shall have receive and enjoy and be intituled by this Act to have received and enjoy for ever out of the same Duties a certain yearly Rent or Su[m]m to be computed after the rate of Seven Pounds per[Cent. (fn. 18) ] per Annum for the Principal and Interest which shall be due upon such Bills so delivered upp att the time of cancelling and shall have a good sure and firme Estate in Fee simple of and in such yearely Rents or Su[m]ms respectively which shall and may from time to time be assigned or conveyed in part or in the whole from any Person or Persons Bodies Politick or Corporate and so over or be otherwise settled limitted incumbred or charged as any other Estate in Fee-simple may by the Laws of this Realme be assigned conveyed settled limitted incumbred or charged subject neverthelesse to the several Conditions herein after contained And the said yearely Rents or Su[m]ms respectively shall be paid and payable halfe yearely that is to say att Michaelmas and Lady-day by equal Portions And the first Payments thereof shall be made att such of those Feasts which shall first happen next after the delivering upp and cancelling of such Bills respectively And that Orders in the Forme used in the Exchequer shall be made forth and signed for the Payment of the said yearly Rents or Su[m]ms accordingly And all and every such yearely Rents or Su[m]ms shall be duely paid without any Fee or Charge under the like Penalties upon the Officiers their Clerks and Deputies as are before prescribed in reference to the Payment of Principal or Interest upon Loans.
LXXIII. Proviso where Principal Monies and all Arrears of such Yearly Sums are paid.
Provided also and it is hereby further enacted That att any time upon full Satisfaction and Payment by Parliament of the Principal Moneys for which such yearely Su[m]ms so computed att the Rate of Seven Pounds per [Cents (fn. 18) ] per Annum shall be payable and of all Arrears of such yearly Su[m]ms respectively which shall be then due to the respective Proprietors or Owners thereof his her or their Heirs Successors or Assigns respectively the said yearely Rents or Payments so to be issueing out of the said Duties hereby granted and every of them respectively for which such Payments & Satisfaction shall be made shall cease and determine Any thing herein, contained to the contrary notwithstanding.
LXXIV. Recital that it is the Intention of Parliament that the Subscribers of the Sum of £2,564,000 shall be entitled to the said yearly Fund of £179,480.
Monies paid into the Exchequer in pursuance of such Subscriptions applied in Discharge of Orders of Loan, Bills of Credit, &c; and upon such Payment the Duties and Fund for Subscribers exonerated from such Orders of Loan, Bills of Credit, &c; Bills of Credit so paid off cancelled, and the Corporation or Subscribers to enjoy the said yearly Fund free from Orders of Loan and Bills of Credit so paid off.
And whereas it is neverthelesse the Intention of this present Act and of His Majesty and of the said Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled That the Subscribers and Contributors for or towards the said Su[m]m of Twenty five hundred and sixty foure thousand Pounds in case the whole or any part of the same shall be subscribed contributed and paid in pursuance of such Co[m]mission to be issued under the Great Seale of England as is before mentioned and their Executors Successors and Assigns respectively shall (for and notwithstanding any Clause Matters or Things in this Act contained for or concerning the borrowing, or advancing of Money by Loans or Bills of Creditt as aforesaid) have receive and enjoy & be intituled to have receive and enjoy the said whole Fund of One hundred, seventy nine thousand four hundred and eighty Pounds by the yeare or so much and such part & proportion of the said yearly Fund as shall be after the Rate of seven Pounds per [Cents (fn. 19) ] per annum for such Su[m]m or Su[m]ms of Money as shall be so contributed and paid by them with such Benefitts Advantages and Priveledges and subject to such Conditions Restrictions and Appointments as are before in and by this Act prescribed in case of subscribing contributing & paying the whole or any part as aforesaid Itt is therefore hereby further provided and be it also enacted by the Authority aforesaid That the Moneys which shall be advanced and paid into the Receipt of the Exchequer in pursuance of such Subscriptions for and towards a National Land Bank or upon such Co[m]mission to be issued under the Great Seal of England for taking Subscriptions as is before mentioned or so much thereof as shall be sufficient to pay off and discharge the Orders of Loan for Moneys which shall be lent att the said Receipt of the Exchequer and the Bills of Creditt before menc[i]oned as also the principal Moneys for which such Annuities or yearly Su[m]ms shall be desired and payable as aforesaid and the Arrears thereof (if any such be) shall be applied disposed and issued accordingly in and for the paying off & discharging of all the Principal and Interest Money which shall be due upon such Orders of Loan and Bills of Creditt respectively and also the Principal Moneys for which such Annuities or yearely Su[m]ms shall be desired and payable as aforesaid and the Arrears thereof if any such be or so much thereof as the Moneys so advanced upon Subscriptions will extend to pay off and discharge And the Co[m]missioners of His Majesties Tresury or the Tresurer of the Exchequer for the time being are hereby authorized and strictly enjoyned and required by virtue of this Act and without any further or other Warrant in that behalfe as any Money ariseing upon Subscriptions as aforesaid shall be lent into the said Receipt of Excheq[uer] to issue and apply the same in discharge of the said Orders of Loan and Bills of Creditt and also of the Principal Moneys for which such Annuities or yearly Su[m]ms shall be desired and payable as aforesaid and the Arrears thereof if any such be so long as any of them shall remaine unsatisfied and according to the Purport and true meaning of this Act And that upon the paying off and discharging every or any such Orders of Loan Bills of Creditt Principal Interest and Arrears by or with the Moneys so to be advanced upon Subscriptions (or reserving so much in the Exchequer as shall be sufficient when called for by the respective Parties concerned to pay off and discharge the same) the said Duties hereby granted and the said Fund hereby appropriated to or for the Benefitt of the Corporation or Subscribers before mentioned shall be totally exonerated and discharged and the same is hereby absolutely exonerated and discharged of from and against all and every such Orders of Loan and Bills of Creditt which shall or may be paid off and discharged and of from against the respective Annuities or yearly Su[m]ms for which the Principal and Arrears shall be so satisfied and against the Orders for the future Payment of such Annuities and the said Orders of Loan and other Orders with the Issues thereupon shall remaine in the Excheq[uer] afterwards onely as Vouchers to the Tellers Accounts and to witnesse the Satisfaction of the Principal Interest and Arrears thereupon And the said Bills of Creditt which shall be so paid off and discharged shall imediately be cancelled without being issued againe or renewed And the said Corporation (in case it be erected) or the Subscribers before mentioned their Executors Successors and Assigns respectively shall have receive and enjoy and be intituled by this Act to have receive and enjoy for the Moneys which shall be by them subscribed advanced and paid into the Receipt of the Excheq[uer] as aforesaid the Yearly Fund or the proportionable part or parts thereof by this Act intended for them clearly acquitted and discharged of from and against the said Orders of Loan and Bills of Creditt which shall be so paid off and of from and against all and every the said Annuities or yearly Su[m]ms for which the Principal or Arrears shall be so satisfied by or with the Money to be advanced by the Subscribers for a National Land Bank or upon their Subscriptions as aforesaid any thing in this Act contained to the contrary in any wise notwithstanding.
LXXV. Commissioners for taking Subscriptions may take Subscriptions of Lands, Rents, &c.
Provided always and be it enacted That the said Co[m]missioners to be appointed for taking Subscriptions as aforesaid shall or may accept and take from the Subscribers of any part of the said Five and twenty hundred sixty and foure thousand Pounds Subscriptions of Lands Rents or other annual Interests or Payments to be mortgaged to the said Governor and Company for securing the last Payment of the several Su[m]ms to be by them subscribed Provided that this Clause shall not extend to above One Fourth part of the said Subscriptions.
LXXVI. In Mortgages of Lands conveyed to Company, Proviso for Redemption.
And be it enacted That in all Mortgages of Lands to be conveyed to the said Governor and Company for Securities of Monies as aforesaid there shall be Provision made That the Owners of the said Lands may att any time pay off and discharge all or any part of the Moneys borrowed being not lesse att any one time than Fifty Pounds part of a greater Su[m]m.
LXXVII. Exchequer may pay Persons having obtained Judgment against Corporation, and suing out Execution thereon, and may detain Proportion of yearly Sum of £179,480.
And be it further enacted That if att any time hereafter any Person or Persons shall obtaine any Judgment or Judgments in any Court of Record against the said Corporation for any Debt or Su[m]m of Money to be by them charged on the said Fund hereby intended to be settled upon them and shall bring Execution or Executions thereupon unto the said Officers of [His (fn. 20) ] Majesties Excheq[uer] That then it shall and may be lawfull to and for the said Officers of the said Excheq[uer] to pay and they are hereby required to pay the said Su[m]m or Su[m]ms of Money in the said Executions menc[i]oed to the Plaintiff or Plaintiffs therein named or their Assigns whose Receipt shall be a sufficient Discharge for the same And that the said Officers of the said Excheq[uer] shall and may detaine so much of the said yearely Su[m]m of One hundred seventy nine thousand foure hundred and eighty Pounds as the said Debt or Debts shall amount unto.
LXXVIII. Company may redeem the said Fund from Tallies, &c. as herein mentioned.
Provided neverthelesse and be it enacted That it shall and may be lawfull to and for the Governor and Company of the National Land Bank hereby intended to be established att any time after their Incorporation and before the end of One yeare then next ensueing pursuant to the first Proviso for Redemption in this Act contained to redeem and discharge the said Fund from all Tallies Bills and Annuities as aforesaid as fully and effectually as if they should discharge the same within the time herein before limitted for the last Payment of the said Subscription Moneys Any thing herein before contained to the contrary notwithstanding.
LXXIX.
Regulation as to Corporation lending Money; Penalty £500; Proviso for Deficiency of Duties.
Provided always and be it enacted That the said intended Corporation or any Persons in Trust for them or upon their Account shall not advance or lend att Interest any Su[m]m or Su[m]ms of Money upon any pretence whatsoever unlesse to His Majesty into the Receipt of the Exchequer and on such Funds onely on which a Creditt of Loan is or shall be granted by Parliament or unto the Subjects of this Realme or the Dominions thereof upon Mortgages of Lands Tenements Rents or Hereditaments and not otherwise And that in case any Money shall be advanced or lent to His Majesty or any of His Subjects by the said intended Corporation or any Person on their Account upon any other pretence or security than as aforesaid then the said intended Corporation and all Persons assenting to or concerned in the lending thereof and each and every of them for every such Offence shall forfeit and lose Five hundred pounds whereof one Moiety shall be to His Majesty and the other Moiety to him or them who will sue for the same to be recovered in any of His Majesties Courts of Record att Westminster by Action of Debt Bill Plaint or Information wherein no Protection Wager of Law Essoign Priveledge of Parliament or other Privelege shall be allowed nor any more then one Imparlance And in case the said Duties arising by this Act shall att any time or times appeare to be so deficient in the Produce of the same as that within any one Yeare to be reckoned as aforesaid the Weekly Payments upon the same Rates or Duties shall not amount to so much as One hundred seventy nine thousand foure hundred and eighty Pounds or to so much as shall be sufficient to discharge and satisfie the severeal and respective Benefitts or Advantages by this Act appointed or intended to be paid within or for the same yeare respectively That then and so often and in every such Case the Co[m]missioners of His Majesties Tresury and the Under Tresurer of the Exchequer now being and the Tresurer and Under-Tresurer of the Exchequer or Co[m]missioners of the Tresury for the time being are hereby strictly enjoyned and required by vertue of this Act and without any further or other Warrant to be sued for had or obtained from His Majesty His Heires or Successors in that behalfe to cause every such Deficiency to be made good by applying issuing or paying so much of any Treasure or Revenue belonging or to belong to His Majesty His Heires or Successors (not being appropriated to any particular Use or Uses by any Act or Acts of Parliament) towards the discharging or paying off the said Benefitts and Advantages appointed by this Act as together with the Moneys which shall have been brought into the said Receipt of or for the said several Rates and Duties hereby granted or continued shall be sufficient to pay off and discharge all the Moneys which shall within the same Yeare respectively be growne or ought to be paid for the Recompencs and Advantages hereby provided according to the true Intent and Meaning of this Act.
LXXX. How the said Sum of £140,000 appropriated to make good the Tunnage Duty is to be distributed.
And be it further enacted by the Authority aforesaid That the Su[m]m of One hundred and forty thousand Pounds herein before appropriated for answering and making good the Rates [& Duties (fn. 21) ] of Tunnage which should arise and become payable by virtue of the said Tunnage Act for that purpose from the Seventeenth day of May One thousand six hundred ninety six to the Seventeenth day of May One thousand six hundred ninety seven shall be paid and distributed in the manner and proportion following (vizt.) The Su[m]m of One hundred thousand Pounds part of the said Su[m]m of One hundred and forty thousand Pounds which by virtue of the said Tunnage Act should arise and become payable to the said Governor and Company for the Five Seventh parts of the Rates and Duties of Tunnage for the said Yeare ending as aforesaid shall in equal Proportions be Weekly paid to the said Governor and Company dureing the said Yeare out of the Moneys arising by the said intended Subscriptions or by virtue of this Act and also the Su[m]m of Forty thousand Pounds other part of the said Su[m]m of One hundred and Forty thousand Pounds for the Two Seventh parts of the said Rates and Duties payable by virtue of the same Act to the several Persons who have purchased Annuities upon or under the said Tunnage Act for the said Yeare ending as aforesaid shall be paid to the said p[er]sons so having purchased Annuities respectively by Quarterly Payments according to the times of Payment mentioned in the said Tunnage Act out of the Moneys ariseing by this Act as the said Moneys shall come into the Receipt of Excheq[uer].
LXXXI. Proviso where Monies arising by Subscriptions or Duties deficient for Payments to Company and for Annuities.
Provided that in case sufficient Moneys shall not arise by the Subscriptions aforesaid or by and out of the said Duties hereby granted or the Moneys lent thereupon to pay and discharge the said Moneys payable to the said Governor and Company and for the Annuities as aforesaid Then and in such Case so much as shall fall Short or be deficient for paying the said several Moneys shall be paid and satisfied unto the said Governor and Company and to those who have purchased Annuities upon the said Tunnage Act out of any the next Aid and Supplies to be granted in Parliament and shall be transferred and Transferrable to the said Governor and Company and other Persons as aforesaid so soon as such Supply or Aid shall be granted And in case no such Supply or Aid shall be granted to His Majesty on or before the Twentieth day of February One thousand six hundred ninety six then the said several Su[m]ms of Money shall be payable and paid to the said Governor and Company and other Persons as aforesaid by and out of any of His Majesties Tresure which from thenceforth shall come into be or remaine in the Receipt of Exchequer not being already appropriated by Act of Parliament to any Particular Uses.
LXXXII. £1,816,972 appropriated as herein mentioned, over and above £700,000 appropriated by c. 5. ante.
And it is hereby further enacted by the Authority aforesaid That (over and above the Su[m]m of Seven hundred thousand Pounds in and by one Act of this present Session of Parliament entituled An Act for granting to His Majesty an Aid of Foure Shillings in the Pound for one Yeare for carrying on the Warr against France appropriated for the Services of the Navy and the Ordnance for Sea Services performed and to be performed) the further Su[m]m of Eighteen hundred and sixteen thousand nine hundred seventy two pounds for the Services of the Navy and Ordnance for Sea Services performed and to be performed and for Pay of the Officers of the Two Marine Regiments shall be applied and appropriated and the same is hereby appropriated to be paid out of the Moneys which shall be raised by way of Loan or otherwise by virtue of this present Act and by virtue of one other Act of this present Session of Parliament entituled An Act for enlargeing the times to come in and purchase certaine Annuities therein mentioned and for continuing the Duties-formerly charged on Low Wines or Spiritts of the first Extraction for carrying on the Warr against France And by virtue of one other Act of this present Session of Parliament entituled An Act for continuing several Duties granted by former Acts upon Wine and Vinegar and upon Tobacco and East India Goods and other Merchandize imported for carrying on the Warr against France and that all the rest of the Moneys which shall be raised by way of Loan Advance or otherwise upon this Act or the two other Acts of Parliament last mentioned (other than and except the Moneys which by them or any of them are specially directed to be applied to or for the Repayment of principal Moneys lent or the Satisfaction of Interest or any other particular Uses in them or any of them expressed and other than and except the running Cash to be reserved by this Act for Payment of Bills att demand as is above-mentioned) shall be appropriated and applied and the same are hereby appropriated to and for the Payment of His Majesties Land Forces and Armies and the paying for Arms Ammunition and other Charges incident to the Warr and not otherwise.
LXXXIII. 1 W. & M. Sess. 2. c. 1. to be in force for regulating the Distribution of Sums appropriated by this Act.
And for the more effectual doeing thereof and that the Su[m]ms by this Act appropriated may not be diverted or applied to any other Purpose than is hereby declared & intended Be it enacted by the Authority aforesaid That the Rules and Directions appointed and enacted in one Act; made in the First yeare of His Majesties Reigne intituled An Act for granting to Their Majesties [of (fn. 22) ] an Aid of Two Shillings in the Pound for one Yeare for the speedy Payment of Money thereby granted into the Receipt of the Excheq[uer] by the Collectors and Receivers and for the Distribution and Application thereof and keeping distinct Accompts of the same and all other Provisions Pains Penalties and Forfeitures thereby enacted in case of Diversion of any Money thereby appropriated are hereby revived and enacted to be in force and shall be practised applied executed and putt in ure for and concerning the Distribution and Application of the said Su[m]ms hereby appropriated as fully amply and effectually as if the same were here particularly repeated and reenacted.
LXXXIV. Persons bringing Plate, &c. to be coined pursuant to c. 19. ante, not entitled to Reward of 6d. per Ounce but upon making Oath as herein mentioned.
Unduly tendering Plate, &c. to obtain the said Reward; Penalty.
And be it further enacted and declared by the Authority aforesaid That no Person or Persons which att any time or times from and after the Fourth day of May One thousand six hundred ninety six and before the Fourth day of November then next ensueing shall bring any wrought Plate or any Vessells or other sort of Manufacture of Silver into His Majesties Mint or Mints to be coined pursuant to an Act of this present Session of Parliament intituled An Act to encourage the bringing Plate into the Mint to be coined and for the further remedying the ill State of the Coin of the Kingdome shall have or receive or be intituled to have or receive the Reward after the Rate of Six Pence per Ounce for such Silver or any Bill for the same as is mentioned in the said Act unlesse such Person or Persons do att the time of bringing or tendring such Plate make proof by his owne Oath or the Oath of some credible Person before the Master of the Mint or his Deputy or such Person as is or shall be authorized to Act for the Master of the Mint (who have hereby power to administer such Oath) That such Wrought Plate Vessells or other Manufacture of Silver were on or before the Five and twentieth day of March One thousand six hundred ninety six wrought Plate Vessells or Manufactures of Silver of the Kinds so brought in respectively And in case any Person or Persons in order to obtain the said Reward upon the said Act shall bring into the Mint as aforesaid or tender there any such wrought Plate Vessells or Manufactures of Silver which were actually wrought or manufactured into the Kinds so brought in after the said Five and twentieth day of March That then the same or the Value thereof shall be forfeited to any Person or Persons that will informe and sue for the same and shall and may be recovered besides Costs of Suit by Action of Debt or of the Case Bill Suit or Information in any of His Majesties Courts of Record as aforesaid Any thing in this or the last mentioned Act contained to the contrary notwithstanding.
LXXXV. Lord Mayor, &c. of London to ascertain and publish Prices of Salt within the Bills of Mortality.
Justices in General Sessions to do the like in other Parts of the Kingdom; and the said Lord Mayor, &c. and Justices in General Sessions, may alter and correct the Prices of Salt, and publish the same; Selling at higher Prices, or refusing to sell at the Price set; Penalty £5; and in Default of, Distress; Imprisonment.
And for the preventing of Exactions upon Sale of Salt in this Kingdome and to have the Rates and Prices thereof ascertained Be it further enacted and declared by the Authority aforesaid That the Lord Mayor and Court of Aldermen of the Citty of London shall and may and are hereby required in the Court of Aldermen within the Citty of London upon or before the First day of May in the Yeare of our Lord One thousand six hundred ninety & six sett ascertaine and publish in Writeing certaine reasonable Rates and Prices upon all Salt to be sold or exposed to sale after the said First Day of May in the City of London and Precincts thereof and the Bills of Mortality And that the respective Justices of Peace for the respective Counties Cities and Places within the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed shall and may and are hereby required upon or before the First Day of August in the Yeare of oure Lord One thousand six hundred ninety six att the several & respective General Sessions of the Peace for the said several and respective Counties Cities and Places wherein they are or shall be Justices of the Peace sett ascertaine and duely publish in Writing certaine reasonable Rates and Prices upon all Salt to be sold or exposed to Sale after the said First Day of August within the said several and respective Counties Cities and Places wherein they are or shall be Justices of the Peace And that the Lord Mayor of London and the said Court of Aldermen in the Court of Aldermen and that the said respective Justices of the Peace of the several & respective Counties Cities and Places aforesaid as aforesaid att the several and respective General Sessions of the Peace for the said several and respective Counties Cities and Places wherein they are or shall be Justices of the Peace shall and may and are hereby required from time to time (if necessary) att the several and respective General Sessions of the Peace for the said several and respective Counties Cities and Places from and after the said First Day of August by Writing duely made and published alter and correct the Rates and Prices of all Salt to be sold and exposed to Sale in the said several and respective Places which Rates and Prices which shall be so sett ascertained altered and corrected are hereby enacted and required to be observed accepted received and taken by all and every Person and Persons selling or exposing to Sale any Salt within the Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed And if any Person or Persons shall sell any Salt att any higher Price or Rate or refuse to sell any Salt att the Prices and Rates aforesaid such Person and Persons so offending shall for every such Offence forfeit and pay the Su[m]m of Five Pounds to be levied out of the Goods and Chattells of such Offender or Offenders by Distresse and Sale thereof by Warrant under the Hand and Seale of the Lord Mayor of the Citty of London or of any Justice or Justices of the Peace for the Place or Places wherein such Offence shall be co[m]mitted or Distresse shall be to be made And in default of sufficient Distresse for the same it shall and may be lawfull by Warrant under Hand and Seale from the Lord Mayor of the Citty of London or from any such Justice of the Peace as aforesaid to imprison the said Offender or Offenders until such Offender or Offenders shall pay the said Su[m]m of Five Pounds one Moiety of which Su[m]m of Five Pounds is hereby enacted to be paid to the Use of our Sovereigne Lord the King and the other Moiety thereof to be paid to such Person or Persons as shall informe and prosecute for the same before the said Lord Mayor of London or the said respective Justices of the Peace as aforesaid.
LXXXVI.
Provided always and be it enacted by the Authority aforesaid That nothing in this Act contained shall be taken or construed to the Prejudice of any Judgment given in any of His Majesties Courts att Westminster or any Suit now depending there in relation to the melting or refining of Salt.