Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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'William III, 1696-7: An Act for making good the Deficiences of several Funds therein mentioned and for enlargeing the Capital Stock of the Bank of England and for raising the Publick Creditt. [Chapter XX. Rot. Parl. 8 & 9 Gul. III. p. 5. nu.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/pp218-238 [accessed 23 November 2024].
'William III, 1696-7: An Act for making good the Deficiences of several Funds therein mentioned and for enlargeing the Capital Stock of the Bank of England and for raising the Publick Creditt. [Chapter XX. Rot. Parl. 8 & 9 Gul. III. p. 5. nu.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/pp218-238.
"William III, 1696-7: An Act for making good the Deficiences of several Funds therein mentioned and for enlargeing the Capital Stock of the Bank of England and for raising the Publick Creditt. [Chapter XX. Rot. Parl. 8 & 9 Gul. III. p. 5. nu.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/pp218-238.
In this section
Recital of 4 W. & M. c. 1. § 54.
6 & 7 W. III. c. 3; 7 & 8 W. III. c. 5. § 69; 5 & 6 W. & M. c. 14.; 2 W. & M. c. 4; and that the greatest Part of the Monies lent upon the said Aids had been paid off, but that there was a Deficiency to pay the Whole with Interest; Recital of 7 & 8 W. III. c. 31.; § 67.; § 27; and that Persons who have advanced Monies therein mentioned may have Tallies that cannot in due Time be satisfied out of the said Duties; and that Persons have lent Money upon the Credit of 2 W. & M. Sess. 2. c. 10.; 4 W. & M. c. 5. § 15.; 5 & 6 W. & M. c. 21. § 15; 6 & 7 W. & M. c. 1; 6 & 7 W. III. c. 3. § 76; 6 & 7 W. III. c. 6. § 51; 7 & 8 W. III. c. 10. § 7; and that great Part of the Monies lent upon the Credit of the said Duties had been repaid with Interest, but that it was feared there would be a Deficiency to repay the Whole; and that Persons had lent Money upon the Credit 4 W. & M. c. 15. § 3.; 7 & 8 W. III. c. 30.; § 26.; 8 & 9 W. III. c. 3.; and that by reason of the Deficiencies of the said Aids and the Remoteness of the Course of Payment of the Tallies, &c. the Owners are frequently obliged to sell the same at Loss, and that the said Deficiencies amounted to the several Sum[m]s of Money herein mentioned.; 12 Car. II. c. 4; 6 & 7 W. III. c. 7; Tunnage and Poundage continued till 1st Aug. 1706 .
Whereas several Persons as well Natives as Forreigners Bodies Politick and Corporate did advance and lend att the Receipt of His Majesty's Excheq[uer] very considerable Su[m]ms of Money upon the Security of the several and respective Aids Revenues or Funds herein after mentioned that is to say upon the first Aid of Foure shillings in the Pound payable out of Lands and other Things for One Yeare by virtue of an Act of Parliament made and passed in the Fourth Yeare of the Reigne of His Majesty and the late Queen (of Blessed Memory) whereby Interest not exceeding the Rate of Seven pounds per Cent[um] per Annum was allowed for the Su[m]ms borrowed in pursuance thereof and upon the Third Aid of Foure shillings in the Pound payable out of Lands and other Things for One Yeare by virtue of an Act of Parliament made and passed in the Sixth Yeare of His Majesties Reigne whereby Interest not exceeding the Rate of Five pounds per Cent[um] per Annum was allowed for the Sum[m]s thereby borrowed and upon the Fourth Aid of Foure shillings in the Pound payable out of Lands and other Things for One Yeare by virtue of an Act of Parliament made and passed in the Seventh Year of His Majesties Reigne whereby Interest not exceeding the Rate of Six pounds per Cent[um] per Annum is allowed for the Su[m]ms borrowed in pursuance thereof and upon the Moneys which were to arise by an Act passed in the Parliament holden att Westminster in the Fifth and Sixth Yeares of their said Majesties Reigne whereby a Poll was granted to their Majesties payable quarterly for One Yeare which Moneys were directed to be applied to satisfie the Principal of such Loans and upon the Moneys which were to arise by the Three fourth Parts of the Customs after Satisfaction of the Principal and Interest of Five hundred thousand pounds charged thereupon by an Act of Parliament in the Second Yeare of their said Majesties Reigne for which Loans so made and which were intended to be paid out of the Three fourths of the Customes the Lenders were intituled to receive Interest after the Rate of Six pounds per Cent[um] per Annum And whereas the greatest Part of the Moneys so lent upon the Aids Revenues or Funds before mentioned hath been actually satisfied and paid off but the several Terms for which the said respective Aids of Foure shillings in the Pound and the said Poll Money were granted being determined and expired and Three hundred thousand pounds per Annum out of the Revenue of Customes being appropriated by Act of Parliament to the Satisfaction of other Loans it doth plainly appeare that the several Aids and Funds herein before mentioned are deficient and could not fully satisfie all the Moneys which were charged thereupon and the Interest thereof and for so much as remaines unsatisfied the respective Lenders their Executors Administrators & Assignes have or are intituled to have in their Hands Tallies and Orders of Repayment levied and drawne according to the Forms used in His Majesties Receipt of Excheq[uer] And whereas by an Act made and passed in the Parliament holden att Westminster in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for continuing to His Majesty certaine Duties upon Salt glasse Wares stone & earthen Wares and for granting several Duties upon Tobacco Pipes and other earthen Wares for carrying on the Warr against France and for establishing a National Land Bank and for taking off the Duties upon Tunnage of Ships and upon Coals His Majesty was impowered to borrow or take into the Receipt of Excheq[uer] any Su[m]m or Su[m]ms of Money either upon the Creditt of Repayment by Orders to be registred and paid in course with Interest after the Rate of Seven pounds per Centum per Annum or upon 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 so as that the principal Su[m]ms which att any one Time should be due and owing either upon the said Orders or upon the said Bills or both should not exceed the Su[m]m of Two millions five hundred sixty foure thousand pounds and out of the Moneys to be raised by the Act last mentioned it was directed and intended that the Su[m]ms following should be paid and applied that is to say the Su[m]m of Five hundred and sixty thousand Pounds to discharge Moneys which were lent att the Receipt of Exchequer upon the Security of certain Duties upon glasse Wares stone and earthen Bottles Coals and Culme (which Duties upon Coals and Culme were taken away by the Act last mentioned) and the Interest thereof One hundred and fourty thousand pounds to answer and make good the Rates and Duties of Tunnage upon Ships from the Seventeenth Day of May One thousand six hundred ninety [six until the Seventeenth Day of May One thousand six hundred ninety (fn. 1) ] seven (which Duties of Tunnage upon Ships was also taken away by the said Act) and the further Su[m]m of One hundred and fourty thousand pounds to answer and make good the Rates and Duties upon Salt 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 in the manner therein mentioned which said several Su[m]ms of Five hundred and sixty thousand pounds One hundred and fourty thousand pounds & One hundred and fourty thousand pounds amounting in the whole to Eight hundred and fourty thousand pounds being taken or subducted from the said Su[m]m of Two millions five hundred sixty foure thousand pounds the Remainder thereof will amount to One million seven hundred twenty foure thousand pounds which is borrowed or may be borrowed by His Majesty for the Service of the Warr against France and the Person or Persons who have advanced or shall advance the same his her or their Executors Administrators or Assignes have or may have in their Hands Talleys and Orders of Repaym[en]t or Bills for the Su[m]ms so advanced or to be advanced which cannot in any reasonable Time be satisfied out of the said Duties chargeable therewith by the Act last mentioned And whereas several Persons did advance and lend att the said Receipt of the Excheq[uer] several other Su[m]ms of Money att the Rate of Seven pounds per Centum per Annum for Interest upon the Creditt of Two third Parts of the Excise of Eighteen pence per Barrel and other additional Duties of Excise upon Beer Ale and other Liquors which were granted to their said Majesties for Foure Yeares by an Act of Parliament in the Second Yeare of theire Reigne and afterwards continued by a subsequent Act of Parliament in that behalfe until the Seventeenth Day of May One thousand six hundred ninety seven from which time the same or the like Duties of Excise are continued or granted by Act of Parliament for other Uses And whereas several Persons as well Natives as Forreigners Bodies Politick and Corporate have also advanced and lent att the said Receipt of the Exchequer very considerable Su[m]ms of Money upon the Security of other Aids Supplies Impositions Revenues or Funds herein after mentioned that is to say upon certaine additional Impostions upon several Goods and Merchandizes which were granted to their said Majesties by an Act passed in the Parliament holden att Westminster in the Fourth & Fifth Yeares of their Reigne to continue until the First Day of March One thousand six hundred ninety six which Act allows Interest after the Rate of Eight pounds per Centum per Annum for the Moneys thereby borrowed and upon certaine Duties payable for Vellum Parchment and Paper for Foure Yeares which co[m]menced from the Twenty eighth Day of June One thousand six hundred ninety foure by virtue of an Act which passed in the Parliament holden att Westminster in the Fifth and Sixth Years of the Reigne of their said Majesties whereby there was allowed Interest not exceeding the Rate of Eight pounds per Centum per Annum for the Moneys lent in pursuance thereof and upon Creditt of a certaine yearely Su[m]m of Three hundred thousand pounds payable for Five Yeares from the Five & twentieth Day of December One thousand six hundred ninety foure out of Moneys ariseing by the Subsidy of Tunnage and Poundage and other Duties upon Merchandizes exported and imported by virtue of several Acts of Parliament passed in the Sixth Yeare of the Reigne of their said Majesties wherein a Creditt was given for any Su[m]ms not exceeding One million two hundred and fifty thousand pounds to be repaid with Interest not exceeding the Rate of Five pounds per Centum per Annum for the First Three hundred thousand pounds Six pounds per Cent[um] per Annum for the Second Three hundred thousand pounds Seven pounds per Cent[um] per Annum for the Third Three hundred thousand pounds and Eight pounds per Cent[um] per Annum for the remaining Three hundred and fifty thousand pounds and upon Creditt of an Act made in the Parliament holden att Westminster in the Sixth & Seventh Yeares of His Majesties Reigne for granting certaine Rates and Duties upon Marriages Births Burials Batchelors and Widdowers for the Terme of Five Yeares from the First Day of May One thousand six hundred ninety five whereby Interest not exceeding the Rate of Eight pounds per Cent[um] per Annum is allowed for the Su[m]ms lent in pursuance thereof and upon the Creditt of several Impositions payable for Wines Vinegar Tobacco East-India Goods and other Merchandizes imported continued until the Twenty ninth Day of September One thousand seven hundred and one by virtue of an Act passed in the Parliament which was holden att Westminster in the Seventh and Eighth Yeares of his Majesties Reigne whereby a Creditt was given for borrowing any Su[m]ms not exceeding One million five hundred thousand pounds to be repaid with Interest not exceeding the Rate of Five pounds per Cent[um] per Annum for the First Foure hundred thousand pounds Six pounds per Cent[um] per Annum for the Second Foure hundred thousand pounds Seven pounds per Cent[um] per Annum for the Third Foure hundred thousand pounds and Eight pounds per Cent[um] per Annum for the remaining Three hundred thousand pounds And whereas a great part of the Moneys so lent upon the Two third Parts of the said additional Duties of Excise and upon the said additional Impositions payable for Goods and Merchandizes and upon the said Duties payable for Vellum Parchment & Paper and upon the said Three hundred thousand pounds per Annum charged upon the Subsidy of Tunnage and Poundage & upon the said Duties charged upon Marriages Births Burials Batchelors and Widdowers and upon the said continued Impositions payable for Wines Vinegar Tobacco East-India Goods and other Merchandizes imported hath been actually repaid and satisfied with Interest but by computing the Product of these Duties for the Time past and considering the Terms yett to come and unexpired in them respectively itt is supposed and feared that the same Duties respectively att the end of the severall Terms for which they are granted as aforesaid will be more or lesse deficient to answer pay off and cleare all the Principal & Interest of the Moneys which were authorized to be borrowed thereupon and the Persons intituled to the Moneys not paid off upon the Duties last mentioned have or may have in their Hands Talleys and Orders of Repayment for the same And whereas several Persons or Corporations did advance and lend att the said Receipt of Exchequer other considerable Su[m]ms of Money upon the Creditt of an Act made in the Parliament holden att Westminster in the Fourth and Fifth Yeares of their said Majesties Reigne intituled An Act for continuing certaine Acts therein mentioned and chargeing several Joynt Stocks wherein a Creditt was given for the borrowing any Su[m]m not exceeding Five hundred thousand pounds att Interest not exceeding Eight pounds per Centum per Annu? part of which Moneys doth still remaine unsatisfied and the Persons intituled thereunto have likewise Tallies and Orders of Repayment for the same & pursuant to another Act made and passed in the Parliament holden att Westminster in the Seventh and Eighth Yeares of His Majesties Reign intituled An Act for laying several Duties upon Low Wines or Spiritts of the first Extraction and for preventing the Frauds and Abuses of Brewers Distillers & other Persons chargeable with the Duties of Excise several other Su[m]ms of Money have been lent to His Majesty not exceeding Seventy thousand pounds on Credit of the Rates or Duties upon Low Wines or Spiritts of the first Extraction and Sweets thereby granted to be repaid with Interest not exceeding the Rate of Six pounds per Centum per Annum for the first Forty thousand pounds and Seven pounds per Centum per Annum for the Remainder thereof and by virtue of the same Act and of another Act made and passed in this present Session of Parliam[en]t to explaine the same the weekely Su[m]m of Six thousand pounds ariseing by or out of the Hereditary Branch of His Majesties Revenues of Excise upon Beer Ale and other Liquors and by or out of that part of the said Revenues of Excise which is granted to his Majesty during his Life (which God preserve) co[m]monly called The Hereditary and Temporary Excise and the weekly Su[m]m of Six hundred pounds out of the Money or Revenue from time to time ariseing in the General Letter Office or Post-Office do severally stand charged to pay off and satisfie in course several Tallies of Pro or Assignement or other Tallies in those Acts mentioned for the Payment whereof Provision is thereby made together with such several and respective Rates of Interest for the same as are thereby allowed And whereas by reason of the Deficiences of several of the Aids Supplies Impositions and Duties above mentioned which have not or will not be sufficient to answer the Principal and Interest charged thereupon and by reason of the Remoteness of the Course of Payment of the Tallies and Orders charged upon some of them and upon other the Duties in this Act before mentioned the Owners of the said Talleys or Orders are frequently necessitated to sell and dispose thereof att great Losse or att an excessive Discount whereby the publick Creditt is very much prejudiced & impaired and the Trade and other publick and private Affaires within this Realme do exceedingly suffer And whereas it is computed or estimated that the Deficiences or Su[m]ms which are or will be wanting to satisfie and pay off all Principal and Interest due or to be due on the deficient Aids Duties or Funds before mentioned (over and above all Arrears standing out upon any of them which are determined & over and above all Monies to be raised by such of them as are yett unexpired) do or may amount to the Su[m]ms following that is to say upon the said First Aid of Foure Shillings in the Pound Fifty five thousand six hundred twenty two pounds ten shillings and five pence upon the said Third Aid of Foure shillings in the Pound Foure hundred and seven thousand three hundred seventy and two pounds and three pence upon the said Fourth Aid of Foure shillings in the Pound Nine hundred and seventeen thousand one hundred and one pounds thirteen shillings and two pence halfe penny upon the said quarterly Poll Eighty nine thousand two hundred seventy five pounds thirteen shillings and foure pence upon the said Three fourth Parts of the Customes Two hundred and thirteen thousand foure hundred forty seven pounds fifteene shillings & nine pence upon the said Act chargeing Salt and other Things therein mentioned One million seven hundred and eleven thousand and five hundred pounds upon the said Two third Parts of the additional Excise One hundred and sixty thousand pounds upon the said additional Impositions payable for Goods & Merchandizes Foure hundred forty five thousand one hundred seventy seven pounds seven shillings and foure pence upon the said Duties payable upon Vellum Parchment & Paper Two hundred twenty-foure thousand one hundred and fourteen pounds seven shillings eight pence halfe penny upon the said Duties charged upon Marriages Births Burials Batchelors and Widdowers Six hundred forty and eight thousand pounds and upon the said continued Impositions payable for Wine Vinegar Tobacco East-India Goods and other Merchandizes imported One hundred forty six thousand one hundred eighty one pounds nineteene shillings and five pence halfe penny and on the said yearely Su[m]m of Three hundred thousand pounds out of the Subsidy of Tunnage and Poundage One hundred fourty two thousand six hundred sixty six pounds seven shillings three pence and three farthings amounting in the whole to the Su[m]m of Five millions one hundred and sixty thousand foure hundred fifty and nine pounds fourteen shillings nine pence one farthing Wee your Majesties most dutiful and loyal Subjects the Co[m]mons of England in Parliament assembled having duely weighed and considered the Premisses and being desirous to raise such Aids & Supplies and to use such proper Methods as may make good the said Deficiences and raise the publick Creditt have cheerfully and unanimously given and granted unto your Majesty the Supplies Impositions and other Duties herein after mentioned for and dureing the respective Terms hereafter expressed and do beseech your Majesty to accept thereof and that it may be enacted and be it enacted by the Kings most Excellent Majesty by & with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That the Subsidy of Tunnage and Poundage and other Su[m]ms of Money payable upon Merchandizes exported and imported which were given and granted unto his late Majesty King Charles the Second for his Life by an Act of Parliament made in the Twelfth Yeare of his Reigne intituled A Subsidy granted to the King of Tunnage and Poundage and other Su[m]ms of Money payable upon Merchandizes exported & imported and which by an Act of Parliament made in the Sixth Yeare of his Majesties Reigne were granted and continued for the Terme of Five Years to co[m]mence on the Six and twentieth Day of December One thousand six hundred ninety foure shall be continued to his Majesty from the Expiration of the said Terme of Five Yeares until the First Day of August which shall be in the Yeare of our Lord one thousand seven hundred and six and no longer and that the said Act made in the Twelfth Yeare of the Reigne of King Charles the Second and every Article Rule and Clause therein mentioned and also an Order of the Co[m]mons in Parliament assembled made in pursuance of the Rules and Orders annexed to the aforesaid Act for settling of Officers Fees dated the Seventeenth Day of May One thousand six hundred sixty two and signed by Sir Edward Turner then Speaker shall be of full force and effect to all intents and purposes until the said First Day of August One thousand seven hundred & six as fully and in like manner as if the same were particularly and att large recited and sett downe in the Body of this Act.
II. 12 Car. II. c. 19.
14 Car. II. c. II.; 22 Car. II. c. 13.; 25 Car. II. c. 6.; 25 Car. II. c. 7.; 1 Jac. II. c. 19.; 6 W. & M. C. r.
And be it further enacted by the Authority aforesaid That an Act of Parliament made in the Twelfth Yeare of the Reigne of the said King Charles the Second (entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies) as also an Act made in the Foureteenth Yeare of the Reigne of the said late King (entituled An Act for preventing Frauds and regulateing Abuses in his Majesties Customs) and also an Act made in the Two and twentieth Yeare of the Reigne of the said late King Charles the Second (entituled An Act for the Improvement of Tillage and the Breed of Cattle) and also one other Act made in the Five and twentieth Yeare of the Reigne of the said late King Charles the Second (entituled An Act for taking off Aliens Duties upon Co[m]modities of the Growth Product and Manufacture of the Nation) and also one other Act made in the said Five and twentieth Yeare of the said late King Charles the Second (entituled An Act for the Encouragement of the Greenland and Eastland Trades & for the better securing the Plantation Trades) and also one other Act made in the First Yeare of the late King James the Second (entituled An additional Act for the improvement of Tillage) and all the Clauses and Directions whatsoever contained therein or in the said Act passed in the Sixth Yeare of the Reigne of his Majesty and the said late Queen for granting to them the said Subsidy of Tunnage and Poundage and other Su[m]ms of Money upon Merchandizes exported and imported be of full Force and Effect until the said First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six.
III. Proviso for Clauses in any of the said Acts intended to be perpetual.
Such as would otherwise determine, continued until 1st Aug. 1706.
Provided neverthelesse and be it declared and enacted That nothing herein contained shall be construed or taken to determine any Articles or Clauses in any of the last mentioned Acts hereby enacted to be in force until the said First Day of August One thousand seven hundred and six which were appointed and intended to be perpetual or which are continued by any Act of Parliam[en]t. for any Time which will not expire by or before the said First Day of August One thousand seven hundred and six but that the same and every of them shall continue and remaine in force as if this present Act had not been made But such of the said Acts and such Clauses in any of them as would otherwise determine before the said First Day of August One thousand seven hundred and six shall hereby be revived and stand continue and be in force until the said First Day of August One thousand seven hundred and six and no longer.
IV. Duties on Wines and Vinegar, by 1 Jac. II. c. 3. continued until 1st Aug. 1706; and the said Act continued until 1st Aug. 1706.
And be it further enacted by the Authority aforesaid That the several Impositions and Duties upon Wines and Vinegar granted by an Act made in the First Yeare of the Reigne of the late King James the Second entituled An Act for granting to His Majesty and Imposition upon all Wines and Vinegar imported between the Twenty fourth Day of June One thousand six hundred eighty five and the Twenty fourth Day of June One thousand six hundred ninety three which said Act by several Acts of Parliament afterwards passed hath been continued and is to continue until the Nine and twentieth Day of September One thousand seven hundred and one shall be continued from the Eight and twentieth Day of September One thousand seven hundred and one until the First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six and no longer and that the said Act so made in the First Yeare of the Reigne of the late King James the Second and all Powers Provisions Penalties Articles and Clauses therein contained for or concerning the said Imposition on Wines and Vinegar shall continue and be of full Force and Effect until the said First Day of August One thousand seven hundred and six and shall be applied practised and executed for the raising levying collecting answering and paying the said Duties upon Wine and Vinegar hereby continued according to the Tenour and Intent of this present Acts as fully to all Intents & Purposes as if all and every the Clauses Matters and Things in the said Act of the First Yeare of King James the Second contained had been again repeated in this Act and particularly enacted.
V. 1 Jac. II. c. 4. which was continued as to Tobacco only, continued until 1st Aug. 1706.
And be it further enacted by the Authority aforesaid That the Rates Duties and Impositions upon all sorts of Tobacco granted by an Act made in the First Yeare of the Reigne of the said late King James intituled An Act for granting to His Majesty an Imposition upon all Tobacco and Sugar imported between the Foure & twentieth Day of June One thousand six hundred eighty five and the Foure & twentieth Day of June One thousand six hundred ninety three Which said Act as for and concerning the said Duties and Impositions upon Tobacco onely was by several Acts of Parliament afterwards made continued and is to continue to the Nine and twentieth Day of September One thousand seven hundred and one shall be continued from the Twenty eighth Day of September One thousand seven hundred and one until the said First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six and no longer.
VI. Duty on Tobacco to be paid according to 7 & 8 W. III. c. 10.
Provided always and be it enacted & declared by the Authority aforesaid That the said Duty upon Tobacco which shall be imported during the Terme hereby granted shall be secured collected raised levied answered and paid to His Majesty in such Method and with such Discount and Allowancs and according to such Rules and Directions as are mentioned referred to or prescribed as to the Duties or Impositions upon Tobacco in and by the said Act made in the Parliament holden in the Seventh and Eighth Yeares of His Majesties Reigne (intituled An Act for continuing several Duties granted by former Acts upon Wine and Vinegar and upon Tobacco and East India Goods and other Merchandizes imported for carrying on the Warr against France) and not otherwise.
VII. Additional Duties on Goods and Merchandizes, by 2 W. & M. Sess. 2. c. 4. continued until 1st Aug. 1706.
W. & M. Sess. 2. c. 4; (Exception) continued until 1st Aug. 1706; 7 & 8 W. III. c. 10. continued until 1st Aug. 1706.
And be it further enacted by the Authority aforesaid That the several additional and other Rates Impositions Duties and Charges upon the several sorts of Goods and Merchandizes granted by and Act made in the Second Yeare of their said Majesties Reigne (intituled An Act for granting to their Majesties certaine Impositions upon all East India Goods and Manufactures and upon all wrought Silks and several other Goods and Merchandizes to be imported after the Five and twentieth Day of December One thousand six hundred and ninety) and which thereby and by several other Acts afterwards passed were to have Continuance and are to continue until the Nine and twentieth Day of September One thousand seven hundred and one shall be further continued from the Eight and twentieth Day of September One thousand seven hundred and one until the said First Day of August which shall be in the Yeare of our Lord One thousand seven hundred & six and no longer And that the said Act made in the Second Yeare of their said Majesties Reigne concerning East India Goods and other Things therein charged and all Powers Provisions Penalties Articles & Clauses therein contained shall continue and be of full Force and Effect until the said First Day of August One thousand seven hundred and six and shall be applied practised and executed for the raising levying collecting answering & paying the said respective Duties hereby continued according to the Tenour and Intent of this present Act as fully to all Intents and Purposes as if the said last mentioned Act and all and every the Clauses Matters and Things therein contained had been again repeated and enacted particularly except onely as to such Part of the said Acts concerning the said Impositions on Wines Vinegar Tobacco East-India Goods and other Merchandizes imported touching which other Provisions or Alterations are made by any Act or Acts of Parliament now in being which other Provisions or Alterations are to be observed and to continue dureing the Continuance of this Act and the said Act intituled An Act for continuing several Duties granted by former Acts upon Wine and Vinegar and upon Tobacco and East India Goods and other Merchandizes imported for carrying on the Warr against France and every Article Clause Matter and Thing therein contained for the raising levying securing answering and paying the Impositions & Duties on the Merchandizes and Co[m]modities thereby charged and which are by this Act continued shall be of full Force and Effect until the said First Day of August One thousand seven hundred and six.
VIII. Additional Impositions on Goods and Merchandizes, by 4 W. & M. c. 5. and the said Act, continued until 1st Aug. 1706.
And be it further enacted by the Authority aforesaid That the additional and other Rates Duties Impositions and Charges upon the several sorts of Goods and Merchandizes granted by an Act of Parliament made in the Fourth and Fifth Yeares of their said Majesties Reigne intituled An Act for granting to their Majesties certaine additional Imposic[i]ons upon several Goods and Merchandizes for prosecuting the present Warr against France and which were thereby to have Continuance from the First Day of March One thousand six hundred ninety two to the First Day of March One thousand six hundred ninety six shall be continued from the last Day of February. One thousand six hundred ninety six to the said First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six and no longer and that the said Act last mentioned & all Powers Provisions Penalties Articles and Clauses therein contained as herein after is excepted and provided as for and concerning the said Rates Duties and Impositions shall continue and be of full Force and Effect until the said First Day of August One thousand seven hundred and six and shall be applied practised and executed for the raising levying collecting answering and paying the said Duties hereby continued according to the Tenour and Intent of this present Act [as fully to all Intents and prposes (fn. 2) ] as if the said last mentioned Act and all and every the Clauses Matters and Things therein contained had been again repeated and enacted in this Act particularly.
IX. 4 W. & M. c. 5. § 1. Lapis Calaminaris exported, to pay only 2s. per Tun over and above the Rate in the Book of Rates.
And whereas by the said Act passed in the Fourth Yeare of their Majesties Reigne for granting the said additional Impositions on Goods and Merchandizes the Su[m]m of Twenty shillings is imposed on every Tun of Lapis Calaminaris exported which was found by experience to hinder the Exportation thereof and utterly to ruine the Manufacture itt is therefore hereby provided and enacted by the Authority aforesaid That for and dureing the Continuance of the said additional Impositions the Su[m]m of Two shillings onely shall be paid for every Tun of Lapis Calaminaris exported over and above the Rates thereon charged by the Book of Rates to be collected as in and by the said Act is directed and appointed Any thing in this or the last mentioned Act contained to the contrary notwithstanding.
X. Bar or hammered Iron (Exception) imported from Ireland discharged of the additional Duties.
And whereas the Scarcity and Dearness of Iron in this Kingdome have of late much discouraged the Manufactures thereof in which great Numbers of the Poor are imployed Be it therefore further provided and enacted by the Authority aforesaid That it shall and may be lawfull to import into this Kingdome from Ireland any Barr Iron unwrought and Iron slitt or hamered into Rods (other than Swedish or other Forreigne Iron) discharged of the Impositions and Duties laid upon the same by this or the said Act for granting the said additional Impositions Any thing in this or the said Act contained to the contrary notwithstanding.
XI. Proviso for other Acts concerning the said Duties.
Provided also That in all Cases where any other Provision or Alteration is made by any Act or Acts of Parliament now in being in or about any other Matter or Thing contained in the said Act of Parliament for the Impositions last mentioned such other Provisions or Alterations shall be observed dureing the continuance of the Terme hereby granted in the same Impositions Any thing herein contained to the contrary notwithstanding.
XII. 5 & 6 W. & M. c. 21.
Duties on Vellum, Parchment, and Paper, and the said Act continued until 1st Aug. 1706.
And be it further enacted by the Authority aforesaid That the several Rates and Duties granted to their said Majesties by an Act made in the Fifth and Sixth Yeares of their Reigne intituled An Act for granting to their Majesties several Duties upon Vellum Parchment and Paper for Foure Yeares towards carrying on the Warr against France and which were thereby to commence from and after the Eight & twentieth Day of June One thousand six hundred ninety foure shall be and are hereby continued after the Expiration of the said Terme of Foure Yeares until the First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six and that the said Act and all Powers Provisions Articles and Clauses therein contained shall continue and be of full force & effect until the said First Day of August One thousand seven hundred and six and shall be applied practised and executed for the raiseing levying collecting answering and paying the said Duties hereby continued according to the Tenour and Intent of this present Act as fully to all Intents and Purposes as if the said last mentioned Act and all and every the Clauses Matters and Things therein contained had been again repeated and enacted in this Act particularly.
XIII. Proviso for other Acts concerning the said Duties.
Provided always and it is hereby further enacted That in all Cases where any further or other Provision or any Alteration is made by any other Act or Acts of Parliament now in being in relation to the said Duties upon Vellum Parchment and Paper such other Provisions or Alterations shall be observed and complyed with dureing the continuance of the Terme hereby granted in the same Duties Any thing herein contained to the contrary notwithstanding.
XIV. Duties on Marriages, Births, and Burials, by 6 & 7 W. 3. c. 6. continued until 1st Aug. 1706.
How levied; and the said Act continued until 1st Aug. 1706.
And be it further enacted by the Authority aforesaid That the Rates Duties Impositions and Su[m]ms of Money granted to His Majesty by an Act passed in the Sixth and Seventh Yeares of His Reigne intituled An Act for granting to His Majesty certaine Rates and Duties upon Marriages Births and Burials and upon Batchelors and Widdowers for the Terme of Five Yeares for carrying on the Warr against France with Vigour and which were thereby to co[m]mence from the First Day of May One thousand six hundred ninety five shall be and are hereby continued from and after the Expiration of the said Terme of Five Yeares until the said First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six and no longer and shall be raised levied collected answered and paid unto His Majesty in the same manner and forme and by such Rules Ways and Meanes and under such Penalties and Forfeitures as are mentioned in the same Act for raising levying collecting answering and paying the same and which were thereby prescribed for the Foure last Yeares of the Terme thereby granted and that the said recited Act last mentioned and every Article Rule and Clause therein mentioned as for and concerning the said Rates Duties and Impositions shall continue and be in full Force to the said First Day of August One thousand seven hundred and six as fully and amply as if the same were particularly recited expressed and enacted in the Body of this Act.
XV. Duties on Houses, by 7 & 8 W. III. c. 18. continued until 1st Aug. 1706.
How levied; and the said Act continued.
And be it further enacted by the Authority aforesaid That the Rates Duties Impositions and Su[m]ms of Money granted by an Act passed in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for granting to His Majesty several Rates or Duties on Houses for making good the Deficiency of the clipped Money and which were thereby to continue for and dureing the Terme of Seven Yeares from the Five and twentieth Day of March One thousand six hundred ninety six shall be and are hereby continued from and after the Expiration of the said Terme of Seven Yeares until the said First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and six and no longer and shall be raised levied collected answered and paid unto His Majesty in the same manner and forme and by such Rules Ways and Means and under such Penalties and Forfeitures as are mentioned in the same Act for raising collecting levying answering and paying the same and which were thereby prescribed for the Six last Yeares of the Terme thereby granted and that the same Act and all Powers Provisions Penalties Articles and Clauses therein contained shall continue and be of full force and effect until the said First Day of August One thousand seven hundred and six and shall be applied practised and executed for the raising levying collecting answering & paying the said Duties tthereby continued according to the Tenour and Intent of this present Act as fully to all intents and purposes as if all and every the Clauses Matters and Things in the said Act contained had been again repeated in this Act & p[ar]ticularly enacted.
XVI. The King may appoint Officers for surveying the Duties on Marriages, &c. and for numbering Windows in Houses not assessed at 10s.; Officers to supervise the Registers of Marriages, &c.; and with the Assistance of Constables, &c. to view Houses not rated 10s; and to certify Under-ratings to the Commissioners, who are to cause the Rate to be set.
And for the better ascertaining and collecting the said several Rates and Duties upon Marriages Births and Burials and upon Batchelors and Widdowers and the said several Rates and Duties upon Houses Be it enacted That it shall and may be lawfull to and for his Majesty his Heires and Successors from and after the Five and twentieth Day of March One thousand six hundred ninety and seven from time to time to give Directions for constituting and appointing such Person or Persons as His Majesty His Heires & Successors shall think meet to be the Officer or Officers for the Survey and Inspection of the Rates and Duties ariseing upon Marriages Births and Burials and upon Batchelors and Widdowers and of the Register or Registers of all such Marriages Births and Burials within the several Counties of England Dominion of Wales and Towne of Berwick upon Tweed and also of the Duties arising upon Houses within the same and for viewing and numbring the several Windows in each House (not already assessed at the Rate of Ten shillings) and for the inspecting & examining the Assessments or Certificates thereof made and to be made from time to time in pursuance of the said Acts for granting the said Rates or Duties or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Register & Registers of all Marriages Births & Burials and of the Assessments of the same and the Assessments of the Windows rated in every Parish and Place as aforesaid and to take Copy or Copies or Extracts of such Register and Assessments and att seasonable times with a Constable Headborough Tythingman or other Officers of the respective Parishes or Places within the several Counties of England Dominion of Wales and Towne of Berwick upon Tweed who are hereby required to assist accordingly to view & examine whether there be any more Windows (in Houses not rated Ten shillings) than is certified and rated in such Assessment and shall have liberty to make like View Examination and Inspection twice in the Yeare att the least dureing the continuance of the said several Duties by this or the said former Acts for granting the same and if upon or after such View or Examination and Inspection of the Registers and Assessments as aforesaid such Officer or Officers shall find that any Person or Premisses are under-rated or not rated & charged as by the said Acts or either of them are directed and appointed such Officer or Officers shall certifie the same to the Co[m]missioners or any Two or more of them within the Division Hundred Parish or Place wherein such Neglect or Failure shall happen to be which said Co[m]missioners or any Two or more of them shall & are hereby required to cause such Rate or Rates to be sett upon every such Person and Premisses as shall be according to the true intent and meaning of the said Acts and either of them.
XVII. Duty for Servants in Husbandry to be paid by the Master, &c.
And whereas Batchelors and Widdowers that are Servants in Husbandry by their frequent Removals are returned as Fugitives and escape the Payment of the Duties to which they are liable by the said Act Be it further enacted That the Duty or Duties wherewith such Servant or Servants shall be charged shall from time to time be paid by the Master or Mistresse of such Servant and be deducted out of his her or their Wages Any thing in the said Act contained to the contrary notwithstanding.
XVIII. House inhabited by Two or more Families, to pay as one.
And be it also enacted and declared That where any House shall be inhabited by Two or more Families such House shall neverthesse be subject to and shall in like manner pay the Rates and Duties charged on Houses by the said Act as if such House were inhabited by one Family only.
XIX. Edifices in Inns of Court, &c. to pay for Windows as if an entire House.
House committed to a Servant, to pay as if inhabited.
And be it also enacted and declared by the Authority aforesaid That every Edifice in any of the Inns of Court or Chancery being severally in the Tenure or Occupation of any Person or Persons shall be subject to the same Rates and Duties for the Number of Windows therein as if it were an intire House and every House whereof the keeping onely is co[m]mitted or left to the Care or Charge of any Person or Servant who doth not pay to the Church and Poor shall be subject to the like Rates & Duties for the Windows therein as if it were inhabited by the Occupier or by a Tenant and to be paid by the respective Occupiers or Tenants of the same.
XX. Stock of the Bank of England to be enlarged by new Subscriptions.
And for the better restoring of the Creditt of the Nation and advancing the Creditt of the Corporation of the Governor and Company of the Bank of England Be it enacted by the Authority aforesaid That the present Co[m]mon Capital and Principal Stock of the said Governour and Company shall be augmented and enlarged by the voluntary new Subscriptions of all such Person and Persons Natives and Foreigners Bodies Politick or Corporate who shall be willing to subscribe any Su[m]m or Su[m]ms of Money into the said present Co[m]mon Capital and Principal Stock and to answer and make good the same in manner as herein after is appointed.
XXI.
Stock of the Bank to be computed.; Old and new Members to settle the Capital Stock,; or else Lord Chancellor, &c. to adjust the same before 24th Aug. 1697.; Capital Stock to be made up to £1,200,000, and the Overplus divided amongst the old Members.
And for the better settling and adjusting the Right and Property of each Member of the present Corporation of the Governor and Company of the Bank of England before any such Enlargement as aforesaid be made thereunto Be it further enacted by the Authority aforesaid That before the Foure and twentieth Day of July One thousand six hundred ninety seven the Co[m]mon Capital & Principal Stock of the said Governour and Company shall be computed and estimated by the Principal and Interest owing to them from the King or any others and by Cash or by any other Effects whereof the said Capital Stock shall then really consist over and above the value of the Debts which they shall owe att the same time for Principal or Interest to any other Person or Persons whatsoever which Computation shall be made & settled by Seven of the present Members of the said Corporation to be elected for that purpose att the General Court of the old Members and by Seven of the new Subscribers to be nominated and elected by the major part of such new Subscribers who are hereby authorized to meet att any time within Ten Days after the Foure and twentieth Day of June One thousand six hundred ninety and seven to make such Elecc[i]on And in case the said Members and Subscribers shall not settle the same before the said Foure and twentieth Day of July One thousand six hundred ninety seven then the value of the said Capital Stock shall be finally settled and adjusted by the Lord Keeper of the Great Seale of England or by the Lord Chancellor or Co[m]missioners for the Custody of the Greate Seale of England for the time being who have hereby power to settle and adjust the same att any time before the Foure and twentieth Day of August One thousand six hundred ninety and seven and in case by such Settlement or Adjustment of the value of the said Stock it shall appeare that the same doth not amount to Twelve hundred thousand pounds then the Members of the said Corporation being Owners thereof shall and are hereby obliged at their owne proper Cost and Charge to contribute so much as will compleatly make the said Capital Stock Twelve hundred thousand pounds which Contribution shall or may be made either in their owne particular Tallies and Orders or in Bank Bills or Notes whereunto they shall be respectively intituled and in case the Value of the said Capital Stock upon such Adjustment to be made shall exceed Twelve hundred thousand pounds that then the Su[m]m so exceeding Twelve hundred thousand pounds be divided amongst those who shall be the old Members of the said Corporation of the Governor & Company of the Bank of England according and in Proportion to their respective Interests att that time.
XXII.
The King may appoint Commissioners to take Subscriptions made on or before the 24th June 1697; Who, on or before 2d April 1697, are to prepare an Office for Subscriptions in London or Westminster, and to give Notice thereof.; Commissioners to provide Books for Subscriptions .
And for the better pursuing the End and Intent of this Act in taking the said Subscriptions and for the greater Ease and Convenience of all his Majesties Subjects and others who shall be willing to make such Subscriptions Be it enacted by the Authority aforesaid That such Persons as his Majesty shall appoint by Co[m]mission under the Greate Seale of England or any Seven or more of them shall be and are hereby authorized and appointed to be Co[m]missioners to take all such voluntary Subscriptions as shall be made on or before the Foure and twentieth Day of June which shall be in the Yeare of our Lord One thousand six hundred ninety and seven by or for any Person or Persons Natives or Forreigners or by or for any Body Politick or Corporate in the said Capital and Principal Stock of the present Governor and Company of the Bank of England in manner as hereafter in this Act is appointed Which Co[m]missioners are hereby ordered and directed on or before the Second Day of April One thousand six hundred ninety & seven to provide and prepare One or more convenient House or Houses within the Cities of London and Westminster or One of them to be the publick Office or Place Officers or Places to which all or any Persons shall or may resort for the making of the said Subscriptions and to give such publick Notice thereof as they the said Co[m]missioners or any Seven or more of them shall think will most conduce to the promoting the said Subscriptions and the said Co[m]missioners are hereby directed on or before the said Second Day of April to provide or cause to be provided One or more Book or Books made of Vellum or Parchment for the said Subscriptions to be made therein which Book or Books shall lie open every Day in the Week (Sundays only excepted) att the said publick Office or Offices from the said Second Day of April to the said Foure and twentieth Day of June daily and from the Houre of Eight to the Houre of Twelve in the Morning and from the Houre of Three to the Houre of Seven in the Afternoon of each Day.
XXIII.
Any Persons may subscribe Money for inlarging the Capital Stock.; Subscriptions how to be answered and made good.
And for the better encouraging the said Subscriptions to be made Be it further enacted by the Authority aforesaid That from and after the[s?d (fn. 3) ] Second Day of April it shall and may be lawfull to and for all and every Person or Persons Natives or Forreigners Bodies Politick and Corporate by and for themselves or any of them or by themselves or any of them in Trust for any other Person or Persons Bodies Politick or Corporate or any of them freely to subscribe any Su[m]m or Su[m]ms of money into the Capital and Principal Stock of the said present Governor and Company in order to the augmenting and enlargeing thereof as aforesaid which said Subscriptions att the respective times of making the same shall be answered and made good by the respective Subscribers thereof to the said Capital and Principal Stock of the said present Governor & Company in the Manner and Proportion following (that is to say) Foure fifth Parts of each respective & particular Subscription (the Value of the said whole Subscriptions into Five equal Parts being divided) shall be answered and made good to the said Capital and Principal Stock of the said present Governor and Company by assigning to them the Principal and Interest whereunto such Subscribers respectively shall be then really intituled by Talleys of Loan and Orders of Repayment or by Talleys of Pro or Assignement for Moneys which were lent or advanced or are or shall be charged as aforesaid upon some of the Aids Supplies Revenues Impositions or other Funds herein after mentioned & by delivering upp att the same time to the said Governor and Company the Talleys and Orders so assigned that is to say Upon the said First Aid of Four shillings in the Pound the said Third Aid of Foure shillings in the Pound the said Fourth Aid of Foure shillings in the Pound the said quarterly Poll the said Three fourth Parts of the Customes the said Act for continuing the Duties upon Salt and other Things or upon the said Two third Parts of the additional Excise or upon the said additional Impositions upon several Goods & Merchandizes or upon the said Duties payable for Vellum Parchment and Paper or upon the said yearely Su[m]m of Three hundred thousand Pounds payable out of the Subsidy of Tunnage & Poundage or upon the said Duties charged upon Marriages Births Burials Batchelors and Widdowers or upon the said continued Impositions payable for Wines Vinegar Tobacco East India Goods or other Merchandize imported or upon the said Act for continuing certaine Acts therein mentioned and chargeing Joynt Stocks or upon the said Duties payable for Low Wines Spirits and Sweets or which are or shall be charged upon the said weekly Su[m]m of Six thousand pounds issuing out of the Hereditary & Temporary Excise or upon the said Weekly Su[m]m of Six hundred pounds issueing out of the Revenue of the Post-Office and the other Fifth Part of each of the said Subscriptions shall be answered and made good to the said Capital Stock of the said Governor and Company in Bank Bills or Bank Notes which have so much Money bona fide resting due thereupon as the said One fifth Part of the said respective Subscriptions shall fully amount to.
XXIV. Bank to allow £8 per Cent. on Tallies brought in until the Principal be paid off.
And be it further enacted That from and after the said Foure & twentieth Day of June and until such Tallies and Orders so subscribed assigned & brought into the Bank shall be actually paid off and discharged an Interest of Eight pounds per Cent[um] per Annum shall be allowed and paid for all the Principal which shall be due upon or secured by the said Tallies or Orders so subscribed assigned and brought in and where an Interest of Eight pounds per Cent[um] per Annum is not already granted by Parliament for the same or any of them there shall be allowed so much as will compleat and make upp the said Interest of Eight pounds per Cent[um]s per Annum out of the respective Funds and Provisions by this Act granted.
XXV. And receive £8 per Cent. Interest for One Fifth Part of the Subscriptions until paid off.
After Subscriptions compleated, Governor to deliver a Schedule of the Tallies, &c. to the Auditor of Exchequer.
And in regard the said Governor and Company are to accept One fifth Part of the said Subscriptions in Bank Bills or Bank Notes and are already possessed of several Tallies or Orders charged upon the Aids or Funds before mentioned to a much greater Value than the said Fifth Part in Bank Bills or Bank Notes will amount to Itt is hereby further enacted That the Interest payable to the said Governor and Company of the Bank of England upon so many of the said Tallies or Orders whereof the Principal shall be equal to the amount of the said Fifth Part to be subscribed in Bank Bills or Bank Notes shall be augmented and raised to the Rate of Eight pounds per Centum per Annum from the said Foure and twentieth Day of June until the same shall be actually paid off & discharged the said Governour and Company after the said Subscriptions shall be compleated delivering to the Auditor of the Receipt of Exchequer a Schedule fairely written in Parchment and signed by the Governour or Deputy Governour containing the Tallies and Orders not to exceed as aforesaid whereupon they shall desire their Interest to be so augmented to the said Rate of Eight pounds per Centum per Annum and the said Rate of Eight pounds per Centum per Annum shall be payable to the said Governour & Company and their Successors out of the respective Funds or Provisions by this Act made or granted for that Purpose the several Acts of Parliament by which the said Funds are settled or any of them or any Clause Proviso Matter or Thing in them or any of them contained or any other Act Law Statute Usage or Custome whatsoever to the contrary thereof in any wise notwithstanding.
XXVI. Subscribers to the Capital Stock incorporated with the present Governor and Company, &c.
Stile of the Corporation to have perpetual Succession, a Common Seal, and may purchase Lands, &c.
And be it further enacted by the Authority aforesaid That all and every the Person and Persons Natives and Forreigners Bodies Politick and Corporate who shall so subscribe or for whom such Subscriptions shall be made to the said Capital Stock of the present Governor and Company of the Bank of England by virtue of this Act and who shall answer and make good their said Subscriptions in the proportion of Tallies Orders Bank Bills and Bank Notes as aforesaid and the Executors Administrators Successors or Assigns of such Person or Persons Bodies Politick or Corporate as aforesaid having any Title or Interest under any of the Subscribers by virtue of this Act att the time of closing or shutting upp of the said intended Book or Books of Subscriptions on the said Foure and twentieth Day of June shall i[m]mediately from and after the said Foure and twentieth Day of June be and shall be deemed and reputed to be Members of united to and incorporated with the present Governor and Company of the Bank of England and their Successors and shall att all times from and after the said Foure and twentieth Day of June together with the present Governour and Company of the Bank of England and their Successors be and be construed reputed accepted & taken to be one Body Politick & Corporate by the Name of The Governour and Company of the Bank of England and by the same Name of the Governour and Company of the Bank of England shall have a 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 possesse enjoy and retaine to them and their Successors Lands Rents Tenements and Hereditaments of what Kind Nature or Quality soever and also to sell grant demise alien or dispose of the same and by the same Name to sue and implead be sued and impleaded answer and be answered in Courts of Record or any other Place whatsoever and to do and execute all and singular other Matters and Things by the Name aforesaid that to them shall or may appertaine to doe subject neverthelesse to the Proviso or Condition of Redemption herein after mentioned.
XXVII. After 1st Aug. 1710, Bank to cease, upon Repayment of several Sums mentioned.
5 & 6 W. & M. c. 20.
Provided always and it is hereby further enacted That att any time upon Twelve Months Notice after the First Day of August which shall be in the Yeare of our Lord One thousand seven hundred and ten and not before and upon Repayment by Parliament of the Su[m]m of Twelve hundred thousand pounds mentioned in the said Act intituled An Act for granting to their Majesties several Rates and Duties upon Tu[n]nage of Shipps and Vessells and upon Beer Ale and other Liquors for securing c[er]tain Recompences & Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Su[m]m of Fifteene hundred thousand pounds towards carrying on the Warr against France unto the said Governor and Company of the Bank of England hereby constituted & made and of all Arrears of the One hundred thousand Pounds per Annum payable to the Governour & Company of the Bank of England and their Successors by virtue of the said recited Act and also upon payment of all the Principal and Interest Moneys which shall be owing to the said Governour and Company of the Bank of England hereby established upon all such Talleys Exchequer Orders or Parliamentary Funds which the said Governour and Company shall have remaining in their Hands or be intituled to att the time of such Notice to be given as aforesaid then and in such Case and not till then the said yearely Payment of One hundred thousand pounds per Annum and also the said Corporation by this and the said former Act established shall cease & determine Any thing herein contained in any wise to the contrary notwithstanding.
XXVIII. During the Continuance of the Bank of England, no other to be established.
And be it further enacted That dureing the Continuance of the Corporation of the Governor and Company of the Bank of England no other Bank or any other Corporation Society Fellowshipp Company or Constitution in the nature of a Bank shall be erected or established permitted suffered countenanced or allowed by Act of Parliament within this Kingdome.
XXIX. Interest on Tallies or Orders brought in as herein mentioned to be taken as so much Principal Money.
Assignments of Orders to be registered before Subscription, or not to be accepted.
And be it further enacted by the Authority aforesaid That all the Interest due on such Talleys or Orders which shall be so as aforesaid brought into the Bank upon the said intended Subscriptions by virtue of this Act being computed from the time to which Interest hath been actually satisfied thereupon to the end of the last preceding Quarter of a Yeare next before the Day appointed for begining of such Subscriptions shall be accepted taken or allowed by the said Co[m]missioners upon the taking the said Subscriptions as so much Principal Money subscribed and paid into the Capital Stock of the said Governor and Company and that all Assignements of Orders on all such Talleys as shall be so brought in upon the said Subscriptions shall before the making of such Subscriptions be registred in the Exchequer by the proper Owner or Owners thereof and in Default or Neglect of such registring as aforesaid the said Talleys or Orders so unregistred shall not be accepted or taken nor any Subscription be allowed or permitted in respect of the same until such Orders shall be first duly registred as aforesaid.
XXX. Recital of 5 & 6 W. & M. c. 28. § 25.
Bank may borrow any Sum above the £1,200,000, not exceeding the Sum hereby subscribed; In Default of Payment, Bills to be paid at the Exchequer; out of the Money due to the Bank; Bills made for above £1,200,000 to be expressed and distinguished.
And whereas in and by the said recited Act of Parliament intituled An Act for granting to their Majesties several Rates and Duties upon Tunnage of Ships and Vessells and upon Beer Ale and other Liquors for securing certain 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 is enacted amongst other things That the said Corporation to be made in pursuance of the said Direcc[i]ons of [the said (fn. 4) ] recited Act should not borrow or give Security by Bill Bond Covenant or Agreement under their co[m]mon Seale for any more further or other Su[m]m or Su[m]ms of Money exceeding in the whole the Sum[m] of Twelve hundred thousand pounds so that they should not owe att any one time more than the said Su[m]m under their co[m]mon Seale unlesse it be by Act of Parliament upon Funds agreed in Parliament and in such Case onely such further Su[m]ms as should be so directed & allowed to be borrowed by Parliament and for such time onely until they should be repayd such further Su[m]ms as they should borrow by such Authority and if any more or further or other Su[m]m or Su[m]ms of Money should be borrowed taken upp lent or advanced under their Co[m]mon Seale or for Paym[en]t of which any Bill Bond Covenant or Agreement or other Writing should be made sealed or given under the co[m]mon Seale of the said Corporac[i]on then and in such Case all and every Person and Persons who should be a Member or Members of the said Corporation his and their respective Heirs Executors and Administrators should in his and their respective private and personal Capacities be chargeable with and liable in proportion for their several Shares or Subscriptions to the Repayment of such Moneys which should be so borrowed taken upp or lent with Interest for the same as in and by the said recited Act among other things may appeare Be it therefore enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Governour and Company of the Bank of England & their Successors to borrow or give Security by Bills or Agreement under their co[m]mon Seale for any Su[m]m or Su[m]ms of Money (over and above the said Su[m]m of Twelve hundred thousand pounds mentioned in the said recited Act) so as the same exceed not the Value of the Su[m]m which shall be subscribed by virtue of this Act Provided the said Governour and Company do oblige themselves in [their (fn. 5) ] said Bills by them to be given out to answer and pay the Money therein mentioned upon Demand And in default of such Payment demanded att the Bank between the Hours of Nine and Twelve in the Forenoon and the Default thereof being proved by an Affidavitt made in Writing before the Baronons of the Exchequer or any One of them be it enacted That all such Bills over and above the said Twelve hundred thousand pounds be answered and paid att the Exchequer out of the first Money which shall be due or payable att that Receipt to the said Governour and Company (other then their said yearely Fund of One hundred thousand pounds per Annum and the said Governour and Company are hereby required in the making forth of the said Bills for any Su[m]m being over and above the said Twelve hundred thousand-pounds to expresse the same to be made by virtue of this Act and otherwise to distinguish the same from all their said Debts contained within the said Su[m]m of Twelve hundred thousand pounds Any thing contained in the said recited Clause or in the said recited Act or any other Act Law Statute Usage or Custom to the contrary thereof in any wise notwithstanding.
XXXI. Bank Stock and Profit thereof exempted from Taxes.
And be it further [enacted (fn. 6) ] That the Co[m]mon Capital & Principal Stock and also the real Fund of the Governour and Company of the Bank of England or any Profitt or Produce to be made thereof or arising thereby or the particular Share Part and Interest of any Member of the said Corporation in the said Stock or Fund or the Profitt or Produce to be made thereof or ariseing thereby shall be and is hereby exempted from any Taxes Rates Assessments or Impositions whatsoever dureing the Continuance of the said Bank.
XXXII. Growing Interest on Tallies until Principal paid, and the Principal and the yearly Fund of £1,000,000 applied to the Uses of all Members of the Corporation in proportion to their Shares.
And be it further enacted That from and after the compleating of the said Subscriptions to be taken by virtue of this Act the growing Interest of all the Talleys and Orders brought in by virtue of the said Subscriptions till the Principal thereon shall be paid off and the said Principal it self so fast as the same shall be received together with the said yearely Paym[en]t. of One hundred thousand pounds per Annum payable to the present Governor and Company by virtue of the said recited Act and all the Profitt Benefitt and Advantage from time to time ariseing out of the Management of all the said Corporation from and after the compleating the said Subscripc[i]ons shall be applied to the Uses of all the Members of the said Corporation of the Governour and Company of the Bank of England rateably and in proportion to each Members Part Share and Interest in the Co[m]mon Capital and Principal Stock of the said Governor and Company hereby establisht.
XXXIII. Bank Stock to be Personal and not Real Estate; and shall go to Executors and not to the Heir.
And be it further enacted by the Authority aforesaid That from and after the Five and twentieth Day of March One thousand six hundred ninety seven the Estate Interest & Stock of the Money of the said Corporation of the Governour and Company of the Bank of England and of each and every particular Member thereof shall be and be adjudged taken and accepted in Construction of Law by all Judges in all Courts of Law & Justice and in all Courts and Places whatsoever within this Realme to be a personal and not a real Estate and shall go to the Executors or Administrators of the Person or Persons dyeing possessed thereof or intituled thereunto and not to the Heires of such Person or Persons Any thing contained in the said Act of Parliament for erecting the Bank or in any other Act or any other Law Statute Usage or Custome to the contrary in any wise notwithstanding.
XXXIV. No Contract for buying or selling Bank Stock to be good, till registered in the Bank Books.
And for the preventing of clandestine or fraudulent Bargains or Dealings in Bank Stock for the future Be it further enacted by the Authority aforesaid That from and after the said Five and twentieth Day of March which shall be in the Yeare of our Lord One thousand six hundred ninety seven no Promise Contract Bargaine Covenant or Agreement made either by word of mouth or in writing for the buying or selling of any Bank Stock or for the transferring changeing or altering the Property thereof either in Trust or otherwise however it be shall be good or valid in Law or Equity or adjudged to be legal obligatory or binding to either or any of the Parties making the same or concerned therein or for whose Use or Account the same is or shall be made unlesse such Promise Contract Bargaine Covenant or Agreement shall be actually registred in Words att length in the Book or Books of the Bank by the Officer there thereunto appointed within Seven Days & actually transferred within Foureteen Days next after the making of such Promise Contract Bargaine Covenant or Agreement.
XXXV. No Act of the Corporation to subject the particular Share of any Member to Forfeiture; but such Share to remain entire.
And be it further enacted by the Authority aforesaid That no Act Matter or Thing Acts Matters or Things already done or hereafter to be done by the said Corporation of the Governor and Company of the Bank of England or by their Successors or by the Court of Directors of the said Corporation or by any Sub Co[m]mittee appointed or to be appointed by the said Corporation shall forfeit or subject or make liable to forfeiture the particular private and personal Estate Interest Stock and Property of any Member of the said Corporation but that notwithstanding any Act or Acts Matter or Matters Thing or Things done or to be done by the said Governour and Company of the Bank of England or by the said Court of Directors or Sub-Co[m]mittees as aforesaid the Estate Stock Interest and Property with the whole Proceed Benefitt Profitt & Advantage thereof belonging to each and every Member of the said whole Corporation and his particular Right Claime and Title thereunto and to every part thereof shall be and remaine unforfeited untouched whole safe and entire to the proper Use & Behoofe of each and every of the said Members subject neverthelesse to the Payment of all just Debts contracted by the said Corporation Any Law Statute Usage or Custome to the contrary notwithstanding.
XXXVI.
Forging or counterfeiting the Common Seal, or any Bank Note, &c.; Death.
And whereas of late diverse Frauds & Cheats have been putt upon the Governour and Company of the Bank of England by the altering forging & counterfeiting of the Bank Bills and Bank Notes of the said Governor and Company and by the rasing and altering Endorsements thereupon to the great decay of Creditt For redressing the same for the future be it enacted by the Authority aforesaid That the forging or counterfeiting the co[m]mon Seale of the said Corporation of the Governor and Company or of any sealed Bank Bill made or given out in the Name of the said Governor & Company for the Payment of any Su[m]m of Money or of any Bank Note of any sort whatsoever signed for the said Governour and Company of the Bank of England or the altering or rasing any Endorsement on any Bank Bill or Note of any sort shall be and is hereby declared and adjudged to be Felony without Benefitt of Clergy.
XXXVII. Officers of Exchequer to keep true Accounts of all Monies due to the Bank, on Account of the yearly or other Funds.
Company to have free Access to Accounts without Fee.; Payments to be made in course.; Officers of the Exchequer neglecting, &c. to keep Accounts, or to pay in course, &c; Loss of Office, Incapacity, and Penalty.
And be it further enacted by the Authority aforesaid That the Auditor of the Receipt of his Majesties Exchequer for the time being and all Tellers Receivers and Officers whatever in the said Receipt of Excheq[uier] shall from time to time for ever hereafter keep just and true Accounts in a Book or Books fairely written of all Moneys coming to their and every of their Hands which are or shall be appropriated belonging due or owing to the said Governor and Company of the Bank of England as the same shall from time to time come into the Receipt of Exchequer or shall come to their several Hands either on account of the yearely Fund of One hundred thousand pounds per Annum payable to the said Governour and Company by virtue of the said Act of Parliament for erecting the Bank or on account of any Parliamentary Funds on the Creditt of which the said Governour and Company already have or shall hereafter have lent or advanced any Su[m]m of Money or on account of the Principal Moneys or Interest due or to be due to the said Governor and Company on any Tallies to them belonging to which Books the said Governour and Company their Assigns Agents and Servants shall have free Accesse from time to time and att all seasonable Times without any Fee or Reward to be paid for the same to inspect search examine and copy out of the said Books as they shall think fitt which said Auditor of the Receipt shall from time to time duely direct the said Orders and the Clerk of the Pells shall record the same and the Tellers in the Receipt of the Exchequer shall duely make payment thereupon in their due course without delay to the said Governour & Company their Agents Servants & Assignes and if any such Auditor Teller Receiver or Officer of the Exchequer for the time being shall either neglect or refuse to keep such Accounts or to direct record or make such Payments in due Course and Order as are herein before required or shall delay or putt off the Payment thereof or divert or misapply any of the Moneys so as aforesaid or any otherwise due or belonging to the said Governour and Company in such case hee or they so offending respectively for any such Offence shall forfeit his or their Places and be ever afterwards uncapable of enjoying any Office or Place of Trust whatsoever and also shall be liable to pay double the Value of any Su[m]m or Su[m]ms so delayed to be paid or so diverted or misapplied as aforesaid to the said Governour and Company or to any Person or Persons grieved thereby and who will sue for the same to be recovered in any of his Majesties Courts of Record in Westminster by any Action of Debt or on the Case to be framed and founded on this Act or by Bill Plaint or Information wherein no Protection Wager of Law Essoigne Priveledge of Parliament or any other Priveledge shall be allowed nor any more than one Imparlance.
XXXVIII. Monies arising from the Duties, continued by this Act.
Tunnage and Poundage, Wines, Vinegar, Tobacco, &c; Additional Impositions on Merchandize; Duties on Vellum, Parchment, and Paper; on Marriages, Births, Burials, &c on Houses; Monies borrowed upon the Credit of 7 & 8 W. III. c. 10.; and brought into the Exchequer; Monies borrowed upon the Credit of 7 & 8 W. III. c. 18; and upon 7 & 8 W. III. c. 31. as herein mentioned,; Declared the General Fund for making good the Fund herein mentioned to be deficient; The said Monies not divertible.
And be it further enacted by the Authority aforesaid That all the Moneys which shall arise and be brought into the Receipt of His Majesties Exchequer of or for the Subsidy of Tunnage and Poundage and other Duties upon Merchandizes therewith continued by this Act from the Five and twentieth Day of December One thousand six hundred ninety nine until the said First Day of August One thousand seven hundred and six and of or for the said Impositions or Duties upon Wines Vinegar Tobacco East-India Goods wrought Silks and other Duties therewith continued by this Act from the Eight and twentieth Day of September One thousand seven hundred & one until the said First Day of August One thousand seven hundred and six and of or for the said additional and other Rates Duties Impositions and Charges upon several sorts of Goods and Merchandizes by this Act continued from the last Day of February One thousand six hundred ninety six to the said First Day of August One thousand seven hundred and six and of or for the said Duties upon Vellum Parchment and Paper by this Act continued from the Eight & twentieth Day of June One thousand six hundred ninety eight until the said First Day of August One thousand seven hundred and six and of or for the said Rates and Duties upon Marriages Births Burials Batchelors & Widdowers hereby continued from the First Day of May One thousand seven hundred [until the s[ai]d First Day of August One thousand seven hundred (fn. 7) ] and six and of or for the said several Rates or Duties upon Houses by this Act continued from the Five and twentieth Day of March One thousand seven hundred and three until the said First Day of August One thousand seven hundred and six and all the Moneys (if any such be) which from and after the full Payment and Satisfaction of the Su[m]ms of Money not exceeding Fifteen hundred thousand pounds borrowed upon the Creditt of the said Act passed in the Parliament holden in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for continuing several Duties granted by former Acts upon Wine & Vinegar and upon Tobacco & East India Goods and other Merchandizes imported for carrying on the Warr against France and the Interest thereof shall arise & be brought into the Exchequer of or for the said Impositions or Duties upon Wines Vinegar Tobacco East India Goods wrought Silks and other Goods thereby granted or continued until the said Nine and twentieth Day of September One thousand seven hundred and one and all the Moneys which from and after the Satisfaction of the Principal Su[m]ms not exceeding Seven thousand three hundred eighty two pounds eleven shillings and foure pence borrowed upon the said Act made in the Parliament holden in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for granting to His Majestie several Rates or Duties upon Houses for making good the Deficiency of the clipt Money & the Interest thereof and after that all the Bills signed by the Master and Worker of His Majesties Mints for the Reward after the Rate of Six pence per Ounce for every Ounce of Sterling Silver proceeding from wrought Plate Vessells or [any (fn. 7) ] other manufactured Silver brought into any of His Majesties Mints between the Fourth Day of May One thousand six hundred ninety six and the Fourth Day of November One thousand six hundred ninety six shall be fully paid off and satisfied shall arise and be brought into the Exchequer of or for the said Rates or Duties upon Houses granted by the said Act for Seven Yeares from the Five & twentieth Day of March One thousand six hundred ninety six and all the Moneys which from and after the full Payment and Satisfaction of the Su[m]ms of Money not exceeding One million seven hundred twenty foure thousand pounds borrowed or to be borrowed as aforesaid for the Service of the Warr upon Creditt of the said Act passed in the Parliament holden in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for continuing to His Majestie certaine Duties upon Salt glasse Wares stone and earthen Wares and for granting several Duties upon Tobacco Pipes and other earthen Wares for carrying on the Warr against France and for establishing a National Land Bank & for taking off the Duties upon Tunnage of Shipps and Vessells and upon Coals and after the Interest thereof shall also be satisfied shall arise and be brought into the said Receipt of Exchequer of and for the said Duties upon Salt glasse Wares stone and earthen Wares and upon Tobacco Pipes and other the Duties thereby granted or continued to His Majesty His Heires and Successors shall be and are hereby declared to be the General Fund for making good the particular Funds before in this Act expressed or computed to be deficient and are and shall be appropriated issued and applied for & towards the making good of the said deficient Funds by the Payment and Satisfaction of the Principal and Interest due and to grow due thereupon in such Manner & Forme and according to such Rules and Methods as are hereafter in this Act prescribed and directed and shall not be diverted or divertible to any other Use Intent or Purpose whatsoever until all the said Principal and Interest shall be fully satisfied and paid off.
XXXIX.
Monies of the said General Fund hereby appropriated, arising before 28th June 1698, for the Duties on Houses, after Payment of £7, 382 11s. 4d. and Interest, &c. also for additional Rates on Merchandizes, &c. continued by this Act, to satisfy the Interest due on Loans directed to be repaid out of the 1st, 3d, and 4th 4s. Aids, Quarterly Poll, &c.; With Interest after the Rate of £8 per Cent. per Ann.
And to the end all the Monies which shall arise and be brought into the Receipt of the Excheq[uier] of or for the several Duties Impositions and Revenues which are hereby appropriated for making good of the deficient Funds and are before in this Act particularly enumerated and declared to be the general Fund for that purpose may be duely issued and applied for and towards the Payment & Satisfaction of the Principal and Interest due and to grow due upon the said Funds hereby declared or computed to be deficient according to the true Intent & Meaning of this Act and that the Moneys by this Act appropriated for that Purpose may not be diverted or applied to any other Use then is hereby intended Be it further enacted and provided That so much of the Moneys of the said general Fund hereby appropriated as aforesaid as shall arise and be brought into the said Receipt of the Exchequer att any Time or Times before the Eight and twentieth Day of June One thousand six hundred ninety eight as well for the said Duties upon Houses (after the said Principal Moneys not exceeding Seven thousand three hundred eighty two pounds eleven shillings and foure pence and the Interest thereof and the said Reward of Six pence an Ounce for Silver shall be satisfied) as also for, the said additional and other Rates Duties Impositions & Charges upon several sorts of Goods and Merchandizes by this Act continued from the last Day of February One thousand six hundred ninety six shall be [issued & (fn. 7) ] applied for and towards the Payment and Satisfaction of the Int[r]est due or to grow due (as well to the Bank of England as to any other Person or Persons that are or shall be intituled to Interest) of or for the Loans that are or shall be remaining unsatisfied which were made upon or directed to be repaid out of the said First Aid of Foure shillings in the Pound and the said Third Aid of Foure shillings in the Pound and the said Fourth Aid of Foure shillings in the Pound and the said quarterly Poll and the said Three Fourth Parts of the Customes and the said Two third Parts of the additional Excise and such additional Impositions and Duties on Goods and Merchandizes as were granted by the said Act ending on the First Day of March One thousand six hundred ninety six and that out of the same Moneys so ariseing and brought into the Exchequer att any Time or Times before the said Eight and twentieth Day of June One thousand six hundred ninety eight the said Governour & Company of the Bank of England and their Successors shall receive so much as will make upp their Part of the Interest out of the Funds last mentioned to be after the Rate of Eight pounds per Centum per Annum as well for such Talleys and Orders charged on those Funds as shall be subscribed and brought into the Bank as aforesaid as for other their Talleys and Orders on those particular Funds whereof the Interest is to be augmented to the said Rate of Eight pounds per Centum per Annum by virtue and in pursuance of this Act.
XL. Interest out of the last mentioned Fund, how to be satisfied.
Provided always and be it enacted That if the Moneys soe ariseing and being brought into the said Receipt of Exchequer att any Time or Times before the said Eight and twentieth Day of June One thousand six hundred ninety eight as is before mentioned shall not be sufficient to satisfie all the Interest which in the meane Time shall grow due to the said Governour and Company of the Bank of England and to all other Persons intituled to Interest out of the Funds last mentioned that then the Co[m]missioners of his Majesties Treasury or any Three or more of them now being or the Treasurer or any Three or more of the Co[m]missioners of the Treasury for the time being shall cause the Moneys that shall so arise and be brought in att any Time or Times before the said Eight and twentieth Day of June One thousand six hundred ninety eight to be distributed and applied so farr as it will extend to and for the Payment of the said Interest upon the Funds last mentioned so that a proportionable Part thereof shall be issued for Interest upon each of those Funds according and in Proportion to the Su[m]m of all the Principal Money that shall then remaine due thereupon.
XLI. Overplus, after Payment of the said Interest, to be applied to pay the Principal.
Provided also and be it enacted That if the Moneys so ariseing and being brought into the said Receipt of Exchequer att any Time or Times before the said Eight and twentieth Day of June One thousand six hundred ninety eight as is before mentioned shall be sufficient to satisfie all the Interest which in the meane Time shall grow due to the said Governor and Company and all others intituled to Interest out of the Funds last mentioned with an Overplus that then the said Co[m]missioners of the Treasury or any Three or more of them now being or the Treasurer or any Three or more of the Co[m]missioners of the Treasury for the time being shall cause the said Overplus Moneys so ariseing & being brought in att any Time or Times before the said Eight and twentieth Day of June One thousand six hundred ninety eight to be distributed and applied so farr as it will extend to and for the Payment of the Principal Moneys owing upon the Funds last mentioned and enumerated so that a proportionable Part there of shall be issued for Principal upon each of those Funds according and in Proportion to the Su[m]m (whether it be greater or lesser) of all the Principal Moneys that shall then remaine due thereupon & the Moneys so distributed to pay of Principal upon each of those Funds shall be issued in Satisfaction of Principal Moneys which shall in course be payable to the said Governour and Company or to any other Persons out of the same Funds respectively.
XLII.
Application of the General Fund; Treasury, on or before 26th July 1698, and thenceforth, once in 28 Days, to cause an Account to be taken of all Monies brought into the Exchequer, &c.; and cause the same to be applied to Account of deficient Taxes.
And as to for and concerning so much of the Moneys of the said General Fund hereby appropriated as aforesaid as shall arise and be brought into the said Receipt of Exchequer att any time or times after the said Eight & twentieth Day of June One thousand six hundred ninety eight as well for the said Duties upon Houses as for the said additional and other Rates Duties Impositions and Charges upon several sorts of Goods and Merchandizes dureing the Continuance of this Act and as to for and concerning so much of the Moneys of the said General Fund hereby appropriated as aforesaid as shall arise and be brought into the said Receipt of Exchequer att any time or times of or for the Several Duties Impositions or Revenues herein after mentioned (that is to say) of or for the said Duties upon Vellum Parchment and Paper by this Act granted and continued from the Eight and twentieth Day of June One thousand six hundred ninety eight until the said First Day of August One thousand seven hundred & six and of and for the said Subsidy of Tunnage and Poundage & other Duties upon Merchandizes therewith granted and continued by this Act from the said Five and twentieth Day of December One thousand six hundred ninety nine until the said First Day of August One thousand seven hundred & six and of [and (fn. 8) ] for the said Rates & Duties upon Marriages Births Burials Batchelors & Widdowers hereby granted and continued from the First Day of May One thousand seven hundred until the said First Day of August One thousand seven hundred and six and of or for the said Impositions or Duties upon Wines Vinegar Tobacco East India Goods wrought Silks and other Duties therewith granted and continued by this Act from the Eight & twentieth Day of September One thousand seven hundred and one until the said First Day of August One thousand seven hundred and six and all the Moneys (if any such be) which from & after the full Payment and Satisfaction of the said Su[m]ms not exceeding Fifteen hundred thousand pounds borrowed upon the Creditt of the said Act passed in the Parliament holden in the Seventh and Eight Yeares of his Majesties Reigne for the said continued Duties upon Wines Vinegar Tobacco East India Goods and other Merchandizes shall arise thereby until the said Nine and twentieth Day of September One thousand seven hundred and one and be brought into the said Receipt of Exchequer and as to all the Moneys which from and after the full Payment and Satisfaction of the Su[m]ms of Money not exceeding One million seven hundred twenty foure thousand pounds borrowed or to be borrowed as aforesaid for the Service of the Warr upon Creditt of the said Act for continuing and making perpetual the said Duties upon Salt Glasse Wares Stone and Earthen Wares and upon Tobacco Pipes and other the Duties thereby granted or continued itt is hereby further enacted and provided That all the Moneys so ariseing and brought from time to time into the said Receipt [of Exchequer (fn. 9) ] of or for the said general Fund consisting of the said several Duties Impositions and Revenues before enumerated and mentioned as the same shall from time to time co[m]mence or take effect shall be distributed issued & applied to and for the Payment of Principal and Interest charged upon or directed to be paid as aforesaid out of the said deficient Funds that is to say the said First Aid of Foure shillings in the pound the said Third Aid of Foure shillings in the pound the said Fourth Aid of Foure shillings in the pound the said quarterly Poll the said Three fourth parts of the Customes the said Duties upon Salt glasse Wares and other earthen Wares and Tobacco Pipes the said Two third parts of the additional Excise the said additional Impositions payable for Goods and Merchandizes the said Duties payable upon Vellum Parchment and Paper the said Rates and Duties payable upon Marriages Births and Burials Batchelors and Widdowers the said continued Impositions payable for Wines Vinegar Tobacco East India Goods and other Merchandizes imported and upon the said yearely Su[m]m of Three hundred thousand pounds payable out of the Subsidy of Tunnage and Poundage so as that a proportionable part of the Moneys so coming in to be distributed as aforesaid shall be distributed issued & applied to pay principal and Interest upon every one of the Funds last mentioned according and in proportion to the Su[m]m of the Deficiency thereof before in and by this Act computed and expressed and that the Co[m]missioners of his Majesties Treasury or any Three or more of them now being or the High Treasurer or under Treasurer of the Exchequer or any Three or more of the Co[m]missioners of the Treasury for the time being shall on or before the Six and twentieth Day of July One thousand six hundred ninety eight and from thenceforth once in every Eight and twenty Days or oftner cause and exact Account to be made or taken of all the Moneys that shall be brought into the Excheq[uer] applicable to pay Principal & Interest on the said deficient Funds as aforesaid and shall thereupon i[m]mediately from time to time by their Warrants and Orders cause such Money to be distributed applied and placed to the Account of each Tax Revenue or Fund so deficient as aforesaid in the just Proportions before mentioned and according to the true intent and meaning of this Act.
XLIII. The said Monies to be paid out to the Bank and others entitled to the same, and not divertible.
Penalty; Bank to receive £8 per Cent. out of General Fund, for Tallies subscribed, &c.
And it is hereby enacted That all the Money which shall be so distributed or placed to the Account of each and every of the said deficient Taxes Duties and Funds before enumerated & expressed for or towards the Payment of Principal & Interest thereupon shall be issued paid out and disposed so farr as the same will from time to time extend as well to the said Governor and Company of the Bank of England and their Successors as to all & every other Person and Persons Bodies Politick and Corporate who are or shall be intituled to receive the said Principal and Interest in such and the like Course Order Manner and Forme as if the same were Moneys really ariseing by the said respective Taxes Duties or Funds hereby computed and expressed to be deficient as aforesaid and that without being diverted or divertible to any other Use or misapplied & without giving any undue Preference under the Penalty of incurring the same Forfeitures and Disabilities by the Officers and other Persons concerned therein as they would have incurred for diverting or misapplying any the Money of such Tax Duty or Fund in case the same were not deficient and that out of the said Moneys so from time to time ariseing and being brought into the Exchequer of or for the said General Fund hereby provided & established for making good the said deficient Funds the said Governor and Company of the Bank of England shall from time to time receive so much as will make upp and compleate for them an Interest after the Rate of Eight pounds per Centum per Annum as well for all and every the Talleys and Orders which shall be subscribed and brought into the Bank as aforesaid and be charged upon any of the Funds pursuant to this Act as for any other their Talleys and Orders whereupon the Interest (in regard of the Subscripc[i]on of One Fifth in Bank Bills or Notes is to be augmented to the Rate of Eight pounds per Centum per Annum by virtue and in pursuance of this Act.
XLIV. Duties of former Acts applied as by such Acts is required.
The new Duties by this Act to be applied in Aid thereof.
Provided also and it is hereby declared and enacted That in all Cases where any Duty Revenue Imposition or Branch whatsoever is by any Act or Acts of Parliament before this time made & passed appropriated to or for the Repayment of Principal in course or the Satisfaction of Interest att any Rate or Rates whatsoever of or for any Loans which have been made upon the Creditt of such former Act or Acts the respective Duties Revenues Impositions or Branches ariseing by virtue of such former Acts shall be applied and such Principal and Interest out of the Moneys ariseing thereby shall be satisfied to those which are or shall be intituled thereunto (whether it be the Bank of England or any others) in the same Course Manner and Forme as by the said former Act are prescribed and required and that the new Duties or Funds by this Act provided & established shall go and be applied in Aid thereof in such Manner and Forme and under such Limitations and Directions as are hereby prescribed until the said Principal and Interest shall be all entirely paid off and discharged Any thing in this Act contained to the contrary notwithstanding.
XLV.
If Judgment be given against the Bank, yearly Payments, &c. belonging to them to be vested in 24 Trustees, elected by the Bank, for 3 Years; who may receive and sue for the Debts of the Corporation, and discharge such Judgment, &c; Surplus to be divided amongst the Members; In such Case yearly Payments payable to the Bank to be payable Quarterly to Members, and transferable without Fee.; Monies due upon the said Funds to be paid to the Trustees; and not misapplied.
And to the Intent that all Persons concerned with the Governor & Company of the Bank of England may be secured in their respective Debts and Effects in case any Forfeiture should be co[m]mitted or any Judgement or Forfeiture or Seizure of the said Corporation should be given for or by reason of or under any pretence of any Forfeiture whatsoever Be it enacted That i[m]mediately upon such Judgement given all and every the [the (fn. 10) ]. Funds yearely Payments and Moneys payable out of the Exchequer to the Governor and Company of the Bank of England or which should have become due & payable to them in case no such Judgement had been given and also all and every the Estate Goods Debts and Chattells due belonging or owing to the said Governor and Company att the time of such Judgement shall be and are hereby (in such case) actually vested and settled in Foure & twenty such Persons as shall be for that purpose elected and chosen by the Governor and Company of the Bank of England in a General Court assembled before such Judgement given dureing the space of Three Yeares which said Persons so elected and the Survivors of them dureing the said Three Yeares shall be Trustees for the purposes aforesaid and shall and may receive sue for and recover the Money Debts and Estate of the said Corporation or which would have belonged to the said Governor and Company in case no such Judgement had been given and with the Moneys and Estate so received and recovered shall pay and discharge all the Debts due and owing by the said Corporation att the time of such Judgement given and performe and fulfil such Covenants and Contracts as the said Corporation att the time of such Judgement given had entred into and were bound and obliged to performe and after the said Three Yeares or after the Debts and Estate so gott in paid and applied then that the Surplus if any there shall be shall be paid and divided amongst such Persons as were Members of the said Corporation att the time of such Judgement given according to their several Shares and Proportions and also that the yearely Su[m]ms afterwards payable att the Receipt of Excheq[uer] to the said Corporation shall be vested in and payable quarterly to such Person and Persons their Executors Administrators & Assigns as were Members of the said Corporation att the time of such Judgement respectively according to their several Shares and Proportions in the said Stock and Company to be ascertained and specified in a List to be returned or given in by the said Trustees or the Survivors of them under their Hands and Seales into the Office of the Auditor of the Receipt and which said several yearely Paym[en]ts. so specified shall be from time to time assignable and transferrable by an Entry in a Book to be kept in the Office of Auditor of the Receipt for that purpose without any Fee or Reward whatsoever and that all the Moneys due upon the said Funds or payable in the said Receipt as aforesaid shall be from time to time paid and applied to the said Trustees to be elected as aforesaid dureing the said Three Yeares and afterwards to the said several and respective p[er]sons their Executors Administrators and Assigns and not any ways diverted or misapplied under the like Penalties Forfeitures and Disabilities as are given or imposed by any Act or Acts of Parliament now in force against any Person or Persons for diverting or misapplying any Moneys payable to any Person by the said Acts of Parliament or any of them.
XLVI. Company may transcribe Dockets of Extents, &c. paying the usual Fees.
Provided That for the Encouragement of the said Corporation to lend Moneys upon Lands or Tenements and for Discovery of Incumbrances thereon Be it enacted That it shall & may be lawfull for the said Governour and Company or any Officer or Clerk to be imployed by them from time to time to copy and transcribe the Docketts and Notes of any Extents Judgements Statutes or Recognizances kept in any of the Offices of the several Courts of Record att Westminster paying to the Masters or Clerks of the several Offices the usual Rates and Fees for Search onely of such Extents Judgements Statutes or Recognizances.
XLVII. No Member to be adjudged a Bankrupt.
Stock not liable to Foreign Attachment.
And be it enacted That no Member of the said Corporation shall 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 for or by reason of their Stock or Interest in the said Corporation and that no Stock in the said Corporation shall be subject or liable to any forreigne Attachment by the Custome of London or otherwise.
XLVIII. Money due on Tallies subscribed into the Capital Stock of the Bank, to be divided so soon as received, or within 4 Months after.
And be it further enacted by the Authority aforesaid That the Moneys which from time to time shall become due and payable by virtue of any Talley or Order subscribed as aforesaid into the Capital Stock of the said Governor and Company by virtue of this Act as soon as conveniently may be after the same shall be received out of the Exchequer or any publick Office by the said Governour and Company their Officers Servants and Agents and att farthest once in every Foure Months shall be divided by the said Governor and Company amongst the Members of the whole Corporation ratably and in proportion to their several and respective Parts Shares and Interests in the said Capital Stock for the particular proper and onely use and behoofe of the said Members separately and in their private and personal Capacities Any thing in this Act or in the aforesaid Act for granting the said Rates and Duties upon Tunnage of Shipps and for erecting of the said Bank or in the Charter of Incorporation granted to the said Governour and Company beareing Date att Westminster the Seven and twentieth Day of July One thousand six hundred ninety foure or any Rule Order Usage Custome Act Statute or Law whatsoever to the contrary thereof in any wise notwithstanding.
XLIX. Debts of the Bank not to exceed the Value of the Capital undivided Stock.
If Governor and Company lessen their Joint or Capital Stock, so as the Value thereof be not sufficient to answer their Debts, Members liable, to the Extent of their Shares, to satisfy the Debts unpaid.
Provided always and be it enacted That the said Governor & Company and their Successors shall always take care that the Su[m]m total of all their Debts which they shall owe att any one time to any other Person or Persons Bodies Politick or Corporate do not exceed the Value of the Capital Stock which att any such time shall be and remaine to the said Governour and Company undivided and that in case the said Governor and Company or their Successors by virtue or colour of the Power hereby given to them of dividing the Moneys coming in by their Talleys and Orders as aforesaid or by any other Dividend whatsoever to be made amongst themselves or in their private or personal Capacities shall reduce or lessen their Joint Stock or Capital without limitting paying off or proportionably reducing the Total Su[m]m of the said Debts which they shall owe to others as aforesaid so that the value of their Joint Stock or Capital undivided shall not be sufficient to answer their just Debts then remaining unpaid in every such Case the particular Members and every of them respectively who in their private or personal Capacities shall receive any Share of such Dividend shall be severally liable and they are hereby made liable so farr as the respective Shares so by them respectively received upon such Dividend will extend to pay and satisfie the Debts which shall remaine due and unpaid by the said Governor and Company to any other Persons or Bodies Politick or Corporate as aforesaid who by virtue of this Act shall and may sue for and recover the same (besides treble Costs of Suit) by Action of Debt or of the Case as is before mentioned Any thing in this Act or in any former Act Charter or otherwise howsoever to the contrary notwithstanding.
L.
If at the End of One Year the Duties hereby appropriated be not sufficient to pay off the Interest due for that Year; the Deficiency to be supplied out of the next Aids.; In case, upon 1st Aug. 1706, or Three Months afterwards, the Funds hereby granted be not sufficient to pay off the Principal and Interest due on the foresaid Tallies and Orders,; the Deficiency to be supplied out of such Aids as shall be granted after the said 1st Aug. 1706.
And to obviate all Doubts for the future concerning the Securities by this Act intended for the payment of the Principal and Interest Moneys to be paid as aforesaid Be it further enacted by the Authority aforesaid That in case att the end of One Yeare to be reckoned from the utmost Day or time by this Act limited for taking of the said Subscriptions for augmenting the said Capital Stock of the Bank of England it shall appeare that the Funds or Duties by this Act appropriated to and for the payment of Interest Moneys (as well to the said Governour and Company of the Bank of England as to any other Persons or Corporations) shall not be sufficient to satisfie and discharge all the Interest Moneys which before the end of the said One Yeare shall be incurred growne due or ought to be paid of for or upon the respective Talleys and Orders before mentioned and every of them that then the Deficiency thereof (to witt) so much as will suffice to make upp & compleat the Interest Moneys which shall be growne due before the end of the said One Yeare as aforesaid shall be supplied and paid out of such Aids or Revenues as shall be granted to His Majesty His Heires or Successors in the Session of Parliament then next ensuing and so in like manner in case of Deficiency of Interest in any succeeding Yeare and in case upon the First Day of August which shall be in the Yeare of oure Lord One thousand seven hundred and six or within Three Months then next ensuing it shall appeare that the whole produce of the several Aids Revenues and Funds by this Act granted or appropriated together with the Moneys which shall have arisen by the Grants now in being and before this time made for the payment of the Principal Moneys of the said Tallies and Orders and the Interest thereof shall not be sufficient to discharge and pay off as well all the Principal Moneys upon all the said Talleys and Orders for the payment whereof Provision is intended to be made by this Act and all the Interest Moneys that are or shall be due or payable for the same that then the Deficiency thereof to witt so much as will be needfull compleatly to make upp satisfie and discharge all the said Principal and Interest Moneys which shall appeare on the said First Day of August One thousand seven hundred and six or within Three Months then next ensueing to remaine due and unpaid shall be supplied and paid out of such Aids or Revenue as shall be granted to His Majesty his Heires or Successors in the Session of Parliament which shall be next after the said First Day of August One thousand seven hundred and six.
LI. Present Governor and Directors to continue till 24th June 1697.
Afterwards a General Court to be held for electing a new Governor and 24 Directors.
Provided also and be it enacted by the Authority aforesaid That the p[er]sons who are att present Governor Deputy Governour and Directors of the Bank of England shall continue in their respective Offices until the said Foure and twentieth Day of June One thousand six hundred ninety seven and until others shall be duely chosen and sworne in their Places and that betweene the said Foure and twentieth Day of June and the Foure and twentieth Day of July next ensuing a general Court of the Persons [then (fn. 11) ] interested in the said Corporation shall be su[m]moned and held and then and there by [the (fn. 11) ] Majority of the said Members present a new Governour Deputy Governour and Foure & twenty Directors (of which Number there shall not be above Two thirds of such Persons who were Directors the preceeding Yeare) shall be chosen who shall continue in their respective Offices until the Five and twentieth Day of March One thousand six hundred ninety eight and until others shall be duely chosen and sworne in their Places according to the Times prescribed by their present Charter and under such Regulations as are directed by this Act.
LII. Not above Two Thirds of the old Directors to be chosen.
And be it further enacted That in all future Elections of Directors there shall not be chosen above Two thirds of those who were Directors the preceeding Yeare Any thing in the said Charter or any Law Statute or Ordinance to the contrary notwithstanding.
LIII.
Additional Duties on Salt.; For Salt imported, 2d per Gallon.; For Salt and Rock Salt made at the Salt Works, &c. 1d. per Gallon.
And to the end there may be no Defect in the payment of the Interest by this Act intended and directed to be paid out of the Moneys hereby granted or appropriated and that the General Fund by this Act provided for the Purposes in this Act mentioned may be inlarged for the full Satisfaction of all Persons that are or may be concerned therein Wee your Majesties said dutifull and loyal Subjects the Co[m]mons in Parliament assembled do further give and grant unto your Majestie the several additional Rates or Duties upon Salt herein after mentioned for and dureing the Terme herein after expressed and do beseech your Majesty that it may be enacted and be it further enacted by the Authority aforesaid That from & after the Five and twentieth Day of March One thousand six hundred ninety seven there shall be throughout the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed raised levied collected and paid unto His Majesty His Heires and Successors until the Five and twentieth Day of December which shall be in the Yeare of oure Lord One thousand six hundred ninety nine and no longer for Salt the Rates and Duties following over and above all other Duties already payable for the same that is to say For every Gallon of Salt that shall be imported into the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed within the time aforesaid the Su[m]m of Two pence of lawfull Money of England to be paid by the Importer thereof and after that Rate for a greater or lesser Quantity and for every Gallon of Salt and Rock Salt made att the Salt Works or taken out of any Salt Pitts within the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed within the Days or Times aforesaid the Su[m]m of One penny and after that Rate for a greater or lesser Quantity.
LIV.
The said Duties to be levied as by 5 W. & M. c. 7. and 7 & 8 W. III. c. 31; Proviso for Allowances herein mentioned for Fish and Salt exported.; over and above Allowances by former Acts; to be paid by Debentures.
And for the better ascertaining charging levying collecting and answering all & every the Duties hereby sett or imposed as well upon forreigne & imported Salt as upon Salt and Rock-Salt made att the Salt Works or taken out of any Salt Pitts within the said Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed dureing the terme hereby granted Be it further enacted by the Authority aforesaid That all and every the Powers Authorities Directions Rules Ways Methods Penalties Forfeitures Clauses Matters and Things which in and by one Act made in the Parliament holden att Westminster in the Fifth and Sixth Yeares of the Reigne of His Majestie and the late Queen 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 and in and by one other Act made in the Parliament holden att Westminster in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for continuing to His Majesty certaine Duties upon Salt glasse Wares stone and earthen Wares and for granting several Duties upon Tobacco Pipes and other earthen Wares for carrying on the Warr against France and for establishing a National Land Bank and for taking off the Duties upon Tunnage of Shipps & upon Coals are provided settled or established for or concerning the raising levying ascertaining securing collecting or recovering the several Duties upon Salt and Rock-Salt thereby granted or continued and for determining and ascertaining the Measure of English Salt by Weight shall be exercised practised applied levied recovered and putt in Execution for the raising levying chargeing ascertaining securing collecting recovering and paying the said several Duties upon Salt and Rock-Salt by this Act granted dureing the Continuance of the Duties thereupon by this Act as fully and effectually to all intents and purposes as if all and every the said Powers Authorities Rules and Directions Methods Penalties Forfeitures Clauses Matters and Things were particularly repeated and again enacted in the Body of this Act neverthelesse with such Allowances for Fish and Salt to be exported as are herein mentioned (that is to say) For all such Fish hereafter mentioned as shall be exported dureing the Continuance of the Duties hereby granted upon Salt from any Port or Place in the said Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed into Parts beyond the Seas by any Person or Persons whatsoever the Rates and Su[m]ms of Money hereafter expressed that is to say For every Cask or Vessell of Pilchards or Scads containing Fifty Gallons Eight shillings and so proportionably for a greater or lesser Quantity for every Barrel of White Herrings One shilling and eight pence for every Barrel of Red Herrings One shilling and foure pence for every Barrel of Salmon Three shillings and foure pence for every Hundred of Cod Fish Ling or Hake Ten shillings and so proportionably for a greater or smaller Number or Quantity shall (over and above the Allowances for the said Fish by the said former Acts for the Duties upon Salt or either of them) be paid by Debentures in such Manner and Forme and under the same Rules and Penalties as are prescribed in the said former Acts concerning the said Duties upon Salt or either of them for or concerning the Allowances upon the Exportation of the like kinds of Fish.
LV. On Exportation of Salt, Security for Duties discharged upon Certificate and Oath.
And be it further enacted That if any Person or Persons att any Time or Times dureing the Continuance of the additional-Duties hereby granted upon Salt shall export beyond the Seas any Salt as well Forreigne as English or any Rock Salt the Security for the Duty by this Act payable for such exported Salt shall be discharged upon such Certificate and Oath made? and according to such Rules as are prescribed for drawing back the Duties upon exported Salt by the said former Acts or either of them.
LVI. Application of the Duties of this Act. upon Salt.
And be it further enacted by the Authority aforesaid That all the Duties by this Act granted upon Salt which shall from time to time be levied and raised shall be appropriated and applied together with the other Duties by this Act provided for that purpose to and for the Payment and Satisfaction of the Interest Moneys due or to grow due att any Time before the said Five & twentieth Day of December One thousand six hundred ninety nine to the Bank of England or any other Person or Persons Bodies Politick or Corporate upon the Tallies or Orders charged upon the deficient Funds before mentioned and in case there be any Overplus of these Duties more than shall be sufficient to discharge such Interest then the said Overplus shall be applied to the Paym[en]t. of the Principal upon the said deficient-Funds in the like Proportions as are above mentioned according to the true meaning of this Act under the like Penalties to be incurred for diverting or misapplying any the Monies ariseing by the said Duties upon Salt hereby granted as are to be incurred for diverting or misapplying any the Moneys of the said General Fund hereby appropriated for Satisfaction of the said Principal and Interest.
LVII. Recital that many Persons entitled to Tallies may be induced to sell or dispose of them at an unreasonable; Allowance.
No Talley to be taken at more than the Interest allowed thereupon, with a further Allowance of £6 per Cent; Penalty. and the Buyer deemed a common Extortioner.
And whereas for Moneys lent or advanced or to be lent or advanced att the Receipt of his Majesties Exchequer by several Persons as well Natives as Foreigners Bodies Politick or Corporate they or some other claiming by from or under them respectively have or hereafter may have or are or may be intituled to Tallies of Loan levied att the said Receipt and have or may have Orders signed by the Co[m]missioners of the Treasury or some of them for the time being or by the Lord Treasurer for the time being for Repayment of the Money so lent (with Interest att certaine Rates or without Interest) out of diverse Taxes Aids Impositions Revenues or other Branches chargeable therewith and also have or may have in their Hands or Possession divers Tallies of Pro or Assignment levied or charged or to [be (fn. 12) ] levied or charged upon certaine of His Majesties Revenues Duties or Impositions And whereas it is found by Experience that many avaricious or ill disposed Persons taking an Advantage of the Necessities of those who have occasion to sell or dispose of such Tallies and Orders as aforesaid do in the buying or purchasing of such Orders or Tallies extort and gaine to themselves an exorbitant and unreasonable Allowance Premium or Consideration out of the principal Moneys besides the Interest accruing for the same to the unspeakable Damage and Prejudice of his Majesty and many of his good Subjects in Trade and otherwise and in a great measure to the ruine of the publick Creditt which cannott be repaired as long as such Practises are continued or suffered For prevention whereof be it further enacted by the Authority aforesaid That no Person or Persons whatsoever Natives or Foreigners Bodies Politick or Corporate from and after the Tenth Day of June One thousand six hundred ninety seven att any time or times dureing the Terme of Five Yeares from thence next ensuing or before the end of the then next Session of Parliament shall upon any Contract Agreement or Bargaine whatsoever for or concerning any of the said Talleys or Orders or for or concerning the Moneys or any Part thereof due or payable or to be due or payable [by (fn. 12) ] or upon any of the said Talleys or Orders take accept or receive or agree to take accept or receive or shall give or allow or promise or agree to give or allow directly or indirectly by way of Premium Reward Discount Gratuity Guift or otherwise or by means of any Exchange Wager Shift Chevisance Covin Device or Way whatsoever more than the lawfull Interest allowed upon such Talley or Order and due or payable att the time of such Assignement together with a further Allowance not exceeding the Rate of Six pounds per Cents for every Hundred pounds principal Money and so proportionably for a greater or lesser Su[m]m upon paine of forfeiting and losing for every such Offence treble the value of the principal Moneys contained or specified in such Talley or Order for which such Bargaine Agreement or Contract shall be made that is to say One third part thereof to the King his Heires and Successors and the other Two thirds thereof to such Person or Persons as will informe and sue for the same to be recovered by Action of Debt or of the Case Bill Suit or Information wherein no Essoigne Protection Wager of Law or more than one Imparlance shall be granted or allowed and that every Person who shall be guilty of such Offence in the buying of any such Order or Talley and be thereof convicted shall be deemed and is hereby adjudged to be a co[m]mon Extortioner and shall suffer such further Paines and Penalties as by the Laws and Statutes of this Realme may be inflicted for co[m]mon Extortion.
LVIII. No Assignment of Order or Talley to be good, unless made in Writing, and signed by the Party making the same; or under the common Seal of a Corporation, &c.; and if of Money payable at the Exchequer, then to be entered in the Exchequer in 10 Days after signing, and Oath made thereon; and an Affidavit that no further Allowance taken.
If Assignment of Money payable by Talley of Pro at the Excise or General Post Office, &c. then to be entered in the Excise or Post Office, &c; and on the like Affidavit.
And for the more effectual obviating and preventing of the aforesaid evil Practice and the mischievious Consequences thereof Be it further enacted by the Authority aforesaid That no Assignement or Transference which from and after the said Tenth Day of June One thousand six hundred ninety seven shall be made of any of the said Orders or Talleys or of any of the Moneys contained or specified therein upon the selling buying or bargaining of the same shall be good and available either in Law or Equity or be in any wise effectual for the assigning or transferring the Right or Property of any such Order or Talley or any the Moneys thereby due or payable unlesse such Assignement or Transferrence be made in Writing and be signed by the Party or Parties making the same or be under the co[m]mon Seale of a Corporation or Body Politick or be signed by some Person or Persons by the Authority or Direction of such Party or Parties Corporation or Body Politick and be within Ten Days after the signing thereof entred or registred and that Oath be thereupon made in the Manner and Forme following that is to say in case such Assignment or Transferrence be of Money payable by any Order att the Receipt of the Exchequer then the said Assignment shall be registred by an Entry or Notification thereof in the Books kept or to be kept by the Auditor of the Receipt of his Majesties Excheq[uer] or the Clerk of the Pells there for that purpose and the Person or Persons to whom such Assignement of or upon any such Order shall be made or the Treasurer for any Corporation or Body Politick who are to have the Benefitt of such Assignment or some other credible Person or Persons imployed to make the Bargaine or Contract for which such Assignement shall be made and being privy thereunto shall within the said Ten Days make Affidavits before the said Auditor or [the (fn. 13) ] Clerk of the Pells in the said Receipt of Excheq[uer] (who have hereby power to administer the same) that no Allowance Premium Gratuity or Consideration whatsoever exceeding the lawfull Interest and the said Allowance not exceeding the Rate of Six pounds per Cents as aforesaid directly or indirectly or by any Way Device Shift Exchange Wager Chevisance or otherwise howsoever was taken accepted gained gotten or agreed to be taken accepted gained or gotten for or in respect of such Assignement and in case such Assignement or Transferrence be of Money payable by any Talley of Pro or Assignement att the Excise Office or att the General Post Office or in any other publick Office then such Assignment or Transferrence shall be registred by an Entry or Notification thereof in the Books to be kept for that purpose by the Co[m]missioners of Excise the Post-Master or Post-Masters General or other Chief Officers in any of the said publick Offices for the time being respectively and the Person or Persons to whom such Assignement of or upon any such Talley of Pro or Assignement shall be made or the Treasurer for any Corporation or Bodie Politick or some other credible [p[er]son or (fn. 13) ] Persons imployed to make the Bargaine or Contract for which such Assignment shall be made and being privy thereunto as aforesaid shall within the said Ten Days make the like Affidavitt as aforesaid before one or more of the said Co[m]missioners of Excise and Post Masters General or other Chief Officers in such publick Office for the time being or such Persons as shall be deputed by them respectively for this purpose who have hereby power to administer the same.
LIX. Officers in the Exchequer, Excise, and Post Office to attend daily for registering Assignments, and administering the Oaths; without Fee;
Penalty.
And be it further enacted by the Authority aforesaid That the said Auditor of the Receipt and the Clerk of the Pells or one of them and some one or more of the said Co[m]missioners of Excise Post-Masters General or other Chief Officers in the said publick Offices respectively or their respective Deputies shall from and after the said Tenth Day of June One thousand six hundred ninety seaven attend dayly and every Day from the Houre of Nine to the Houre of Twelve in the Forenoon (Sundays and such Holydays as are usually observed onely excepted) for registring or causing to be registred the said Assignments and for administring the said Oaths and shall duely register & administer the same and shall upon the registring of every such Assignment and administring the said Affidavitt relating thereunto make a Memorandum as well in their respective Books as upon the respective Writings of Assignment [as (fn. 14) ] aforesaid importing that such Affidavit was duely administred according to this Act all which they shall do and performe or cause to be done and performed without Fee or Charge under the paine of forfeiting treble Damages besides Costs of Suit to the Party grieved and to be recovered by Action of Debt or of the Case as aforesaid.
LX. Brokers, &c. taking above 28. 6d. per Cent. for Brokerage, &c.
Penalty £20.; or making Bargain in which greater Allowance made than herein mentioned; Penalty £500.; and deemed a common Extortioner.
And be it enacted by the Authority aforesaid That all and every Person and Persons who shall be imployed as a Broker or Brokers Sollicitor or Sollicitors or otherwise in the behalfe of any other Person or Persons to make or drive any Bargaine or Contract for the buying or selling of any of the said Orders or Tallies who shall after the said Tenth Day of June One thousand six hundred ninety seven take or receive directly or indirectly any Su[m]m or Su[m]ms of Money or other Reward or Thing for Broakidge solliciting driving procuring or making such Contract or Bargaine over and above the Su[m]m of Two shillings and Six pence for the Broakidge solliciting driving or procuring such Contract or Bargaine for One hundred pounds and so ratably for a greater or lesser Su[m]m shall forfeit for every such Offence Twenty pounds to such Person or Persons as will sue for the same by Action of Debt or of the Case as aforesaid and if any Broaker Sollicitor or Driver of any Bargaine or Contract for any such Tallies or Orders as aforesaid shall after the said Tenth Day of June One thousand six hundred ninety seven drive or make any such Bargaine or Contract for any Talley or Order or any Money due thereupon in which Contract or Bargaine there shall be any Premium or Allowance made or agreed to be made contrary to this Act then hee or they so offending shall for every such Offence forfeit the Su[m]m of Five hundred pounds to witt One third part thereof to the King and the other Two thirds thereof to such Person or Persons who will sue for the same to be recovered as aforesaid and that every such Broaker Sollicitor or Driver of such Bargaine who shall be guilty of such Offence and be thereof convicted shall be deemed and is hereby adjudged to be a co[m]mon Extortioner and shall suffer such further Paines and Penalties as by the Laws and Statutes of this Realme may be inflicted for co[m]mon Extortion.
LXI.
Claimers of Orders purchased before 10th June 1697 not obliged to take the Oath concerning the Premium.
And whereas diverse Persons have or before the said Tenth Day of June One thousand six hundred ninety seven may have purchased and bought several Orders of Loan or Parts thereof or such Talleys as aforesaid neglecting to have their Assignements thereof to be duely registred as the Law directs & many of them instead of taking formal Assignments which might be registred have accepted from the Person or Persons who should make the same the indorsing of his or their Names onely upon such Orders be it further enacted and provided by the Authority aforesaid That where any such Orders of Loan or Parts thereof or such Tallyes have been actually and bona fide purchased and bought before the said Tenth Day of June One thousand six hundred ninety seven and Oath thereof shall be made att any Time or Times within Three Months from thence next ensuing before any of the Officers or Persons hereby authorized to administer the other Oaths concerning the Premium or Allowance as aforesaid in all such Cases the Person or Persons claiming such Orders or Parts of Orders or Talleys by such Assignments not registred or by such Indorsements shall not in respect there of be obliged by virtue of this Act to take the said other Oath concerning the Premium Reward or Allowance Any thing herein contained to the contrary notwithstanding.
LXII. Affidavit to be in Writing, and filed.
And be it further enacted That the Affidavitt herein before directed shall be in Writing and remaine filed with the respective Officers before whome the same shall be made.
LXIII. Recital of c. 6. ante.
§94; Exchequer Bills to be taken for Taxes, &c. granted this Parliament, and in all Payments at the Exchequer due to the King.
And whereas by an Act of this present Session of Parliament intituled An Act for granting an Aid to His Majesty as well by a Land Tax as by several Subsidies and other Duties payable for One Yeare itt is amongst other things enacted That it shall and may be lawfull to and for the Co[m]missioners of his Majesties Treasury or any Three of them now being or the High Treasurer or any Three or more of the Co[m]missioners of his Majesties Treasury for the time being to cause Bills to be made forth att the Receipt of Excheq[uer] in such manner and forme as they shall appoint for any Su[m]m or Su[m]ms of Money not exceeding One million five hundred thousand pounds by virtue of that Act and to issue the same to the Uses of the Warr in such Proportions as they shall think fitt and that the said Bills shall be current to the Receivers or Collectors of any Aids Taxes or Supplies thereby granted or that should be granted for the Service of the Warr for the Yeare One thousand six hundred ninety seven (except for the Aid of Three shillings in the Pound) and such other Directions are thereby given concerning the making issuing receiving back and cancelling the said Bills as in and by the said Act relation being thereunto had more att large appears Now to the end the said Bills so authorized to be issued may be of more general Use as well for the Occasions of the Warr as for the publick Co[m]merce and Trade be it further enacted by the Authority aforesaid That the said Bills so authorized to be issued shall be received and taken not onely by Receivors or Collectors of the Taxes or Supplies granted or to be granted for the Warr for the Yeare One thousand six hundred ninety seven but shall also passe and be current to all and every the Co[m]missioners Receivers or Collectors of any Revenue Aid Tax or Supply whatsoever already granted or that shall or may be granted dureing this present Session of Parliament either for the Warr or any other Use and also att the Receipt of the Excheq[uer] from the said Co[m]missioners Receivers or Collectors or from any other Person or Persons whatsoever making any Payments there to his Majesty upon any Account whatsoever.
LXIV. Bills to bear 5d. a Day per Cent. Interest till paid into the Exchequer.
And to the end that all Persons may be the more willing and ready to accept and receive the said Bills in all Manner of Paym[en]ts. be it enacted by the Authority aforesaid That there shall be annexed unto attend and go along with the said Bills an Interest after the Rate of Five pence a Day for every One hundred Pounds contained therein and so proportionably for a greater or lesser Su[m]m which said Interest shall be payed or allowed to the Person who is last possest thereof to the Day hee pays the same into the Excheq[uer] or to any Receivers or Collectors for any Aids Taxes Revenues or Supplies whatsoever.
LXV. Bills paid into the Exchequer to be signed by Person paying, &c.
And that no Interest may be allowed on the said [former (fn. 15) ] Bills for any longer time than the same shall be unanswered to His Majesty Itt is hereby enacted That the Person who pays the same into the Exchequer or to any Receivers or Collectors for any Aids Taxes or Revenues shall at the Time of making such Paym[en]t. putt his Name to the said Bill and write the Day of the Month to which Day the Collector or other Person who receives the same to His Majesties Use shall be allowed again the Interest that hee shall have allowed thereupon and when any of the said Bills which in pursuance of this Act shall be received att the Exchequer Custom-House Excise Office or General Letter Office or by any of his Majesties Receivers or Collectors or for any Revenues Taxes or Supplies shall be applicable to the Satisfaction of Tallies & Orders of Loan or to any other Uses or Payments whatsoever and by reason thereof are not to be i[m]mediately cancelled att the said Exchequer or in any other publick Office then the respective Tellers in the Receipt of the Excheq[uer] and the Receivers General or Cashiers of the Customes Excise and Post Office or any other Receivers upon their issuing or paying out the said Bills shall sign the same and add the Day of the Month and so toties quoties until the said Bills shall or may come or be paid into the Excheq[uer] on account of the proper Funds or Supplies (upon which they are or shall be first issued out) to be cancelled.
LXVI.
Treasury may contract for lending Money to exchange Exchequer Bills not accepted in Payment; Persons so lending Monies to have the said Bills for Security, or other Security agreed upon, and Interest at £10 per Cent. per Ann.
And to the intent that such Person or Persons who have or may have or be intituled to any Talleys or Orders on any Branch of the Revenues or on any Aid Tax or Supply that is or shall be appropriated for repayment and Satisfaction thereof and shall refuse or be unwilling to accept the said Bills in payment may not be obliged to receive the same Be it further enacted That for the Ease Accomodation and Satisfaction of all and every Person and Persons so refusing or being unwilling to receive the said Bills in repayment of such Talleys and Orders Itt shall and may be lawfull to and for the Co[m]missioners of his Majesties Treasury or any Three of them now being or the High Treasurer or any Three or more of the Co[m]missioners of his Majesties Treasury for the time being to covenant and agree in such manner as they shall think fitt with any Persons Natives or Foreigners Bodies Politic or Corporate (with whose Abilities they shall be well satisfied) for the i[m]mediate advancing or lending of Money from Time to Time as there shall be occasion for exchanging such Bills as shall be so refused or not accepted or taken in repayment of Tallies and Orders as aforesaid And that such Person and Persons as shall so contract and agree with the said Co[m]missioners of the Treasury or High Treasurer to advance and furnish Money for the exchangeing and circulating the said Bills in such Manner as the said Co[m]missioners of the Treasury or High Treasurer shall appoint shall i[m]mediately upon their paying or advancing any Moneys pursuant to their Contracts or Agreements have for their Security & Satisfaction the said Bills or such Security as shall be agreed upon between the said Co[m]missioners of the Treasury and the said Contractors and shall also have and receive as a further Encouragement an Interest or Reward not exceeding the Rate of Ten pounds per Cents per Annum for the Su[m]ms so by them respectively contracted or agreed to be furnished or advanced from the Day they become severally obliged for and dureing so long time as their said Obligations shall be in force.
LXVII. Contractors Names, &c. to be registered in the Auditor's Office, and Interest to be paid quarterly.
And for the better ascertaining such Interest to the said Lenders or Contractors be it further enacted by the Authority aforesaid That the Names of such Lenders or Contractors and the Dates of their respective Contracts and Su[m]ms contracted for shall be registred in the Office of the Auditor of the Receipt of the Excheq[uer] and that the said Interest shall be paid out of the Supplies granted for carrying on the Warr against France for the Service of the Yeare One thousand six hundred ninety and seven quarterly for so long time as the said Contractors shall stand obliged as aforesaid.
LXVIII. Until the King by Proclamation make known when Exchequer Bills may be exchanged for ready Money, the said Bills to be current only for Aids, &c. of 1697, afterwards for all Revenues, &c.
[Provided always and be it enacted by the Authority aforesaid That until such Time as his Majesty by his Royal Proclamation to be issued by the Advice of his Privy Council shall be pleased to publish and make knowne that the said Comissioners of his Majesties Treasury or Three or more of them or the High Treasurer for the Time being shall (by such Covenants or Agreements made with Persons of Ability as aforesaid) have sufficiently secured and made Provision that all Persons who att the said Receipt of Excheq[uer] or att any the said publick Offices shall have any of the said Bills for satisfaction of their Tallies or Orders of Loan or for any other Payments whatsoever may have such Bills exchanged for ready Money the said Bills so to be made forth for the said Fifteen hundred thousand pounds or any part thereof shall be current onely for the Aids Taxes or Supplies granted or to be granted for the Service of the Warr for the Yeare One thousand six hundred ninety seven exclusive of the said Aid of Three shillings in the Pound according to the tenour and true meaning of the said former Act in that behalfe and that after the said Proclamation shall be issued and not sooner the said Bills so authorized to be issued as aforesaid shall passe and be current for all Revenues Aids Taxes Supplies or other Payments to his Majestie according to the true meaning of this present Act Any thing herein contained to the contrary notwithstanding. (fn. 16) ]
LXIX. 7 & 8 W. III. c. 22. § 3.
12 Car. II. c. 18; 15 Car. II. c. 7; 7 & 8 W. III. c. 22; Further Time allowed for administering and taking the Oath in the said Acts mentioned.
And whereas by an Act of Parliament made in the Seventh and Eighth Yeares of the Reigne of his p[re]sent Majestie entituled An Act for preventing Frauds and regulating Abuses in the Plantation Trade it is amongst other things therein enacted That all the present Governors and Co[m]manders in Chief of any English Colonies or Plantations shall before the Five and Twentieth Day of March One thousand six hundred ninety seven and all who shall be made Governors or Co[m]manders in Chief of the said Colonies or Plantations or any of them before the entring into their Governments shall take a solemne Oath to do their utmost that the Clauses Matters and Things contained in one Act of Parliament made in the Twelfth Yeare of the Reigne of the late King Charles the Second intituled An Act for encourageing & increasing of Shipping and Navigation and One other Act made in the Fifteenth Yeare of his said late Majesties Reigne intituled An Act for Encouragement of Trade and also the said Act made in the Seventh and Eighth Yeares of the Reigne of his present Maj[es]ty. intituled An Act for preventing Frauds and regulating Abuses in the Plantation Trade be punctually and bona fide observed according to the true intent and meaning thereof so farr as appertains unto the said Governors or Co[m]manders in Chief respectively And whereas the Persons appointed to administer the said Oaths are by some Accidents prevented from performing the same within the time limitted by the said Act to the end therefore that the good intent of the said Act may not be disappointed for want of time to putt the same in Execution Be it therefore enacted That further time shall be allowed for administring the said Oath and that all present Governors & Comanders in Chief of any English Colonies or Plantations shall before the Five and Twentieth Day of March One thousand six hundred ninety eight and who shall hereafter be made Governors or Co[m]manders in Chief of the said Colonies or Plantations or any of them shall att their Entrance upon their respective Governments or within the space of Six Months after the same take a solemne Oath to do their utmost that all the Clauses Matters and Things contained in the before recited Acts of Parliament or any of them heretofore passed and now in force relateing to the said Colonies and Plantations be punctually and bona fide observed according to the true intent & meaning thereof which Oath shall be taken before such Person or Persons as shall be appointed by his Majesty his Heires and Successors who are hereby authorized to administer the same so farr as appertaines to the Governors or Co-manders in Chief respectively.
LXX.
Tellers in the Exchequer to receive the said Monies, and discharge the Receiver.
And whereas the Su[m]m of Three thousand two hundred and eighty pounds eight shillings and nine pence was actually and bona fide received by Ralph Williamson Receiver General of the Fourth Aid of Foure shillings in the Pound in the Counties of York Durham and Northumb[er]land for the said Aid within the Counties aforesaid which Su[m]m consisting of hammered Monies is deposited in the Receipt of his Majesties Excheq[uer] but the same or the greatest Part thereof is not charged as Money actually paid into the said Receipt be it further enacted by the Authority aforesaid That the Tellers in the said Receipt of Excheq[uer] or some of them shall forthwith receive the said Money amounting to Three thousand two hundred & eighty pounds eight shillings & nine pence upon the said Receivers Account of the said Aid & shall throw downe a Bill or Bills for the same according to the Course of the Excheq[uer] to the end the said Receiver may have a Talley or Talleys for his Discharge and the said Collectors and other his Majesties Subjects in the said Counties may have no further trouble concerning the same.
LXXI. 7 & 8 W. 3. c. 31.
§ 61; Tobacco Pipes found unfit for Sale, may on Notice be reburnt, and then the Duty to be paid; and free from Penalties.
And whereas in and by one Act of Parliament made and passed in the Seventh & Eighth Yeares of his Majesties Reigne intituled An Act for continuing to his Majesty certaine Duties upon Salt glasse Wares stone & earthen Wares & for granting several Duties upon Tobacco Pipes & other earthen Wares for carrying on the Warr against France & for establishing a National Land Bank & [for (fn. 17) ] taking off the Duties upon Tunnage of Ships & upon Coals Itt is amongst other things provided That if any of those Wares upon drawing are broken or otherwise made unfitt for Sale there shall no Duty grow due for the same by virtue of that Act but the Officers shall see the same destroyed And whereas it often happens that [where (fn. 17) ] Tobacco Pipe Makers do make & burn Tobacco Pipes that att the opening or drawing of the Potts Kilns Furnaces or Ovens wherein the same are burnt or nealed the Tobacco Pipes or a [great (fn. 17) ] Part of them are unfitt for Sale by reason of some default in the Burning &. nealing thereof & the destroying the same by the Officer is of great Losse to the Maker when as such Tobacco Pipes may be rendred fitt for Sale in case they were new burnt or nealed For the remedying of which Mischief be it hereby enacted & declared by the Authority aforesaid That from & after the First Day of May One thousand six hundred ninety seven if any Tobacco Pipe Makers upon drawing their Tobacco Pipes out of their Potts Kilns Furnaces or Ovens shall find the same or any Part thereof unfitt for sale that it shall & may be lawfull for such Tobacco Pipe Maker or Makers (on Notice given to the said Officer of his Intention to reburne the same) to putt such Tobacco Pipes into any Pott Kiln Furnace or Oven to be reburnt or nealed & on the drawing of the same shall then pay the Duty by the said Act charged or otherwise be destroyed & that the said Tobacco Pipe Maker or Makers so reburning or nealing such Tobacco Pipes as aforesaid shall not be liable to any of the Penalties in the said Act mentioned.