other allowances, than are therein mentioned and appointed: and whereas the time limited by the faid act for the exportation of fish cured with foreign falt, fo as to be entitled to the allowances then given, was too short, in respect that being the prime season of the falmon-fishing, confiderable quantities of falmon and codfish were then in the hands of jeveral curers of fish in that part of Great Britain called Scotland, which they were under a neceffity to cure with foreign falt, the duties whereof were either paid or fecured to be paid: and whereas it may be just and reasonable, that the curers and proprietors of all fuch fish, actually and really in hand on the said tienty fourth day of June one thousand feven hundred and nineteen, legally and duly cured with foreign falt, according to the feveral acts of parliament in that behalf, the duties of which falt were either paid or fecured to be paid, should be paid the fame allowances, and in the fame manner, as if exported on or before the faid twenty fourth day of June one thousand seven hundred and nineteen, be it enacted and declared by the authority aforefaid, That the barons of his Majesty's court of exchequer in Scotland, upon receiving a fatisfacRelief for fo- tory proof of what quantities of falmon and codfish were actualreign falt ufed ly and really in hand on the faid twenty fourth day of June one in curing fal- thousand feven hundred and nineteen, duly cured with foreign fish in Scotland falt, and legally exported, the duties whereof have been either in 1719. and paid or are fecured to be paid, shall and may order and direct the legally export- proper officers to make out debentures to the proprietors or curers of fuch fish, certifying the allowances for the fish contained in fuch debentures to be the fame as were payable before the said twenty fourth day of June one thousand seven hundred and nineteen, and to be paid in the fame manner.

mon and cod

ed.

6 Geo. I. c. 18.

XLIII. And whereas by an act passed in the fixth year of his Majefty's reign, intituled, An act for the better fecuring certain powers and privileges intended to be granted by his Majefty by two charters for affurance of fhips and merchandizes at sea, and for lending money on bottomry; and for reftraining feveral extravagant and unwarrantable practices therein mentioned, his Majefty was enabled to erect two diftinct corporations for affurance of hips, goods and merchandizes at fea, or going to fea, and for other purposes therein mentioned: and whereas his Majefty hath been graciously pleafed, pursuant to the said act, to erect two distinct corporations for the purposes aforesaid, one by the name and title of The Royal Exchange affurance, and the other by the name and title of The London affurance; and whereas the faid corporations, in purfuance of the faid act, and the ends and purposes for which they were fo incorporated, have, from time to time, as occafion hath required, entred into and executed great numbers of policies of affurance for the affuring of fhips and goods and merchandizes, at fea or going to fea, and still continue fo to do; but by reafon of their being bodies corporate, fuch policies of affurance could not be entred into by their fubfcribing of the fame, as is the conftant ufage for private infurers to do, but the respective common feals of the faid corporations are fet to fuch policies of affurance, and by means thereof, the manner of proceeding and pleadings in any fuit or action to be commenced upon fuch po

licy

licy of afsurance under the respective common feals of the faid corpo-
rations are different from the proceedings and pleadings in actions and
fuits commenced upon policies of affurance entred into by private infur-
ers, or perfons not incorporated in manner as aforefaid; and by reason
of the neceffity of pleading Specially in fuch cafes, the whole merit of
the cafe in question cannot oftentimes come into confideration, and the
jury, by the rules of law, are often obliged to find a verdict for the
whole fum of money affured, though it be never fo apparent, that in
justice only a small part thereof is due to the affured by fuch policies
of affurance; and the faid corporations are thereby forced to feek re-
lief in courts of equity, when the matter in question might be as well
determined at once by a jury, as it is done in the cafe of private infur-
ers, or perfons not incorporated; for remedy whereof, be it enact-
ed by the authority aforefaid, That from and after the twenty The insurance
fourth day of June one thoufand feven hundred and twenty five, companies.
on all actions of debt to be sued or commenced against either of may plead the
the faid corporations, upon any policies of affurance under the general iffue
in actions
common feal of fuch corporation for the affuring of any fhip or brought a-
fhips, goods or merchandizes at fea or going to fea, it fhall or gainst them.
may be lawful to and for the faid refpective corporations, in fuch
action or fuit, to plead generally, that they owe nothing to the
plaintiff or plaintiffs in fuch fuit or action; and that in all actions
of covenant, which fhall be fued or commenced against either
of the faid corporations upon any fuch policy of affurance un-
der the common feal of fuch corporation for the affuring any
ship or ships, goods or merchandizes, at fea or going to fea, it
shall and may be lawful for the said respective corporations, in
fuch action or fuit, to plead generally, that they have not broke
the covenant in fuch policy contained, or any of them, and if
thereupon iffue fhall be joined, it shall and may be lawful for the
jury, if they fhall fee caufe, upon the trial of fuch issue, to find a
verdict for the plaintiff or plaintiffs in fuch fuit or action, and to
give fo much or fuch part only of the fum demanded, if it be
an action of debt, or fo much in damage, if it be an action of
covenant, as it fhall appear to them upon the evidence given
upon fuch trial, fuch plaintiff or plaintiffs ought in justice to
have, or is or are entitled unto; any law or custom to the con-
trary notwithstanding.

XLIV. And whereas feveral perfons have of late endeavoured to
evade the payment of the ftamp-duties on policies of affurance or in-
furance, by giving promissory notes instead of policies for the infuring
goods, fhips or merchandizes at fea, by which notes the infurer notifies
or expreffes the terms on which he would infure, to the great detriment
and lofs of his Majesty's revenue, be it therefore enacted by the au-
Policies of in-
furance to be
thority aforefaid, That when any veffel, goods or merchandiz-
ftamped, on
es shall be insured, a policy duly ftamped fhall be iffued, or at forfeiture of
leaft made out within the fpace of three days at furtheft, and 100 l.
the infurer or insurers neglecting to make out fuch a policy or
policies within the time aforefaid, fhall forfeit the fum of one
hundred pounds for every fuch offence, to be fued for and reco-
vered, and divided in the fame way and manner, as other penal-

ties

Promiffory

:

ties and forfeitures may be fued for, recovered and divided by the laws relating to the ftamp-duties; and all promiffory notes notes for in- for affurances or infurances of fhips, goods or merchandizes, furances void. at fea or going to fea, are hereby declared void, and nothing shall be recovered thereon by the insured.

7

Anno Regni GEORGII I. Regis Magna Britannia, Francia & Hiberniæ, duodecimo.

AT T the parliament begun and bolden at Westminster, the ninth day of October, Anno Domini one thousand seven hundred and twenty two, in the ninth year of the reign of our fovereign lord GEORGE, by the Grace of God, of Great Britain, France and Ireland, King, defender of the faith, &c. And from thence continued by feveral prorogations to the twentieth day of January one thousand feven hundred and twenty five; being the fourth feffion of this prefent parliament.

CAP. I.

An act for granting an aid to his Majefty by a land-tax to be raised in Great Britain, for the fervice of the year one thousand seven hundred twenty fix. EXP. 2s. in the Pound.

Surplus arifing hereby how appropriated, 12 Geo. 1. c. 12. fect. 28.

CAP. II.

An act for granting to his Majesty the fum of one million, to be raised by way of a lottery.

OST gracious Sovereign, IVhereas by an act of parliament made passed

Geo 1.ftat.1. Mad passed in the feventh year of your Majesty's reign,

c. 27. relating

centum on the civil lift.

to deductions intituled, An act for raising a fum not exceeding five hundred of 6 d. per thousand pounds, by charging annuities at the rate of five pounds per centum per annum, upon the civil lift revenues, till redeemed by the crown, and for enabling his Majefty, his heirs or fucceffors (by caufing fuch a deduction to be made, as therein is mentioned) to make good to the civil lift the payments which shall have been made upon the faid annuities; and for borrowing money upon certain lottery-tickets; and for discharging the corporation for affurances, of part of the money they were obliged to pay to his Majesty; and for making good a deficiency to the East India company, it was (amongst many other matters and things) enacted, That to the end your Majesty, your heirs and fucceffors, might be enabled to reimburfe fuch fum and fums of money, as in pursuance of the said act should be iffued out of the civil list revenues, for or towards payment of the annuities charged by the faid act, it should and might be lawful for your Majefly, your heirs or fucceffors, to caufe a deduction to be made, not exceeding fix pence in

the

thereon.

the pound, out of all monies, which from and after the first day of
Auguft one thousand feven hundred and twenty one should be paid for
or upon all penfions and annuities charged upon any of the faid heredi-
tary and temporary duties, and for and upon all falaries, fees and wages,
payable for or in respect of offices of profit, granted by or derived from
the crown, and for and upon all other payments from the crown whatfoe-
ver, or for or upon any arrearages of them, or any of them incurred or to
be incurred (the pay of commiffion and non-commiffion officers and private
men, ferving in the navy or army, only and always excepted) the fame
deductions to be made for the ufe of your Majefly, your heirs and fuccef-
fors, for the benefit of your or their civil government, fo long as the faid
annuities fhould, by virtue of the faid act, be payable out of the reve-
nues charged therewith as aforefaid, and until the fame annuities
hould be redeemed, pursuant to the faid act, as by the said act
relation being thereunto had, more fully and at large it doth and may
appear: and whereas by virtue and in pursuance of another act of And the act
parliament made and paffed in the eleventh year of your Majefty's 11Geo.1.c.17.
reign, intituled, An act for redeeming the annuities of twenty concerning
five thousand pounds per annum, charged on the civil lift reve- exchequer-
nues by an act of the feventh year of his Majefty's reign; and bills charged
for discharging the debts and arrears due from his Majefty to his
servants, tradefmen, and others, a number of new exchequer-bills,
not exceeding in the whole the fum of one million of pounds sterling,
were made forth, and the principal, interest, Præmium, or rate to
grow due thereon, were charged and chargeable upon the monies arifen
or to arife by or from the said deductions, and also upon fuch monies,
as at any time or times, from and after the making forth fuch ex-
chequer-bills, frould be or remain in the receipt of the exchequer, a-
rifen or to arise from all or any the duties, revenues or branches grant-
ed to your Majefty for the fupport of your houshold, and the honour
and dignity of the crown, as well those which are hereditary, as those
which are granted during your Majesty's life; and from and after
your Majesty's demife, then upon all fuch monies as from thenceforth
fhall grow due and come into the receipt of the exchequer from the he-
reditary revenues, duties and branches therein mentioned, except as
therein is excepted and provided; and the sum of five hundred thou-
fand pounds, part of the said fum not exceeding one million, in ex-
chequer-bills, was iffued and applied for the redemption of the faid
annuity of twenty five thousand pounds per annum; and the remain-
ing five hundred thousand pounds in exchequer-bills was issued towards
fatisfying the debts and arrears, and other uses of your Majesty's civil
government, as in and by the faid last mentioned act was directed and
appointed: now the publick fervice requiring that the exchequer-bills
remaining uncancelled and undischarged, which were iffued by virtue of
the faid act, and which do amount to the principal sum of nine hun-
dred and ninety thousand pounds fhould, without delay, be cancelled
and discharged, we your Majefty's most dutiful and loyal fubjects,
the commons of Great Britain in parliament affembled, do moft ductions con-
humbly pray your Majefty, that it may be enacted; and be it tinued.
enacted by the King's most excellent majefty, by and with the
advice and confent of the lords fpiritual and temporal and com-
U

VOL. XV.

mons,

The faid de,

mons, in this prefent parliament affembled, and by the authority of the fame, That it fhall and may be lawful to and for his Majefty, his heirs and fucceffors, to continue the faid deductions of fixpence in the pound for the purposes in this act mentioned, in the fame manner, and as the faid deductions have been made and raised by virtue of the faid act paffed in the feventh 7Geo. 1 ftat. 1. year of his Majesty's reign, fubject nevertheless to the favings and exceptions in the faid act mentioned.

C. 27.

II. And to the end a fum of money may be raised by way of a lottery for and towards discharging and cancelling the faid exchequer-bills remaining uncancelled, and other publick fervices; be it further enacted by the authority aforefaid, That yearly 30.000l. to be the yearly and every year, from and after the twenty fourth day of June fund at three one thousand seven hundred and twenty fix, the full sum of per centum. thirty thousand pounds by and out of the monies, which from and after the faid feaft-day fhall arife and be paid into the receipt of the exchequer of or for the faid deductions of fix pence in the pound, fhall be, and the fame yearly fum of thirty thoufand pounds is by this act declared and enacted to be a particular fund and fecurity for anfwering and paying all and every the annuities or yearly payments, after the rate of three pounds per centum per annum, to the contributors in the lottery herein aftermentioned, their executors, adminiftrators and affigns, in the manner hereafter in this act expreffed, until the redemption thereof according to the provifo hereafter in this act contained in that behalf; and that the faid yearly fum of thirty thousand pounds, or so much thereof as fhall be fufficient to fatisfy and discharge all the fums which fhall grow due from time to time. for or upon the faid annuities at the rate of three pounds per To be paid centum per annum, fhall from time to time be paid half-yearly, half-yearly at at Christmas and Midfummer, by even and equal portions, until redemption of the faid annuities according to the true meaning of this act, at the faid receipt of exchequer, to the chief cashier of the governor and company of the bank of England for the time being, by way of impreft and upon account for payment of the fame annuities; the first payment of the faid yearly fum to the said cashier to be made on the twenty fifth day of December one thousand seven hundred and twenty fix; and the faid commiffioners of his Majesty's treasury now being, and the high treasurer, under treasurer and commissioners of the treasury of. his Majesty his heirs and fucceffors, for the time being, are hereby strictly enjoined and required to cause the said yearly fum of thirty thousand pounds, or so much thereof as shall be fufficient, to be imprested and paid from time to time to the faid cafhier accordingly, without any further or other authority for the fame; any former ftatute or law to the contrary notwithstanding.

the bank.

First payment on 25 Dec. 1726,

Any persons III. And be it further enacted by the authority aforefaid, may be contri- That for or towards raising the said sum of one million it shall and may be lawful for any perfon or perfons, natives or foreigners, bodies politick or corporate, to contribute by paying, at or

butors.

before

;