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CAP. XX.

An act for improving the navigation of the river Dun, from a place called Holmftile in the township of Doncafter in the county of York, to Wilfick House in the parish of Barmby Dun in the said county.

Corporation of Doncafter appointed undertakers to make the river Dun navigable. Commiffioners appointed for adjusting differences between the undertakers and owners of wears, &c. They have power to mediate between undertakers and others. May fettle fatisfaction for their damage. If the parties diflike the determination, commiffioners may cause a jury to be impanelled to affefs damages. Their verdict conclufive. The verdict to be kept by the town-clerk of Doncafter, among the records. On payment of the money affeffed, undertakers may proceed to work. Commiffioners to have 100l. per ann. Undertakers to make a cut to convey the water running down Bentley Mill Goit into the Farr waters, &c. They are to fill up the hollows next Arnold Goit on Thorp marth fide, level with the grounds on the other fide. Banks of the river to be widened at Longfandall and Redcliffe. Sir George Cook, &c. to have a way over Wheatley ford, as formerly. Undertakers not to set out halling-paths on the South fide betwixt Longfandall and Redcliffe. Nor to make wharfs on Sir George Cook's lands, &c. Duties of tonnage for all fuch lead, iron, fteel, horns, hoofs, bones, boxwood, timber, broken and unbroken deals, boards, cheese, falt, cutlers wares, iron wares, groceries, coals, stone, lime-ftone and lime, and all other merchandizes (except corn and malt) as shall be carried upon the river between Holmestile in Doncaster, and fo far as the bottom of the cut on Barmy Dun fide, fuch duties as the mayor, aldermen and burgeffes fhall think fit, not exceeding 10 d. for every fodder of lead, or customary ton of iron, fteel, horns, hoofs, bones, box-wood, timber of foreign growth, broken or unbroken deals and boards, nor above 10 d. for every ton of cheese, falt, cutlers wares, iron wares, groceries and other merchandizes (except corn and malt) and not exceeding 10 d. for every ton of mill or marble ftones or coals; rod. for every ton of lime, and for every ton of lime-stone, and of other stones, 8d. and for every ton of plank and timber of English growth, 8d. A penny per quarter for grain. Boats carrying dung, &c. to be duty free. The three bridges over the new river, &c. vefted in the mayor, &c. of Doncafter. Duties for paffage through the three bridges, when the draw-bridges are opened, 6 d. for 10 ton. Participants now liable to repair the three bridges, &c. to pay to the mayor, &c. of Doncaster, 20l. per annum in lieu of repairs. Mayor, &c. may dig fods in the participants lands. The participants fhall ftand, with respect to the country, liable to the repairs, if the mayor, &c. make default. In default of the corporation of Doncaster, the participants to repair the bridges, &c. and receive the duties till they are repaid: or the participants may bring their action at law against the corporation. The new river, as well as the river Dun from Wilfick downwards, fubject to the commiffioners of fewers. Not to prejudice the right of the mayor, &c. of York, or to hinder the owners of lands lying on the river, from erecting warehouses, &c. on their own lands. Undertakers not to erect warehouses, &c. in the township of Barmby. They are to make a bridge at Barmby. Commiffioners may nominate new commiffioners in the place of perfons dying or refusing to act. Undertakers may make towing-paths and fet up winches they are to fet up gates, bridges and ftiles in the towing-paths, and make bridges over the new cuts, for the use of the land owners. No meeting of commiffioners above fix miles from the matter in queftion. Malters refponfible for damages done by their boats or crew. If any boatOwner's man paffing any lock, fhall not fhut it, &c. he fhall forfeit 10 s. name to be fet on the outfide of the veffel. Opening the locks forfeits 10 s. to the poor. All perfons to have free paffage on the river, paying the duties. Owners of lands, &c. may use pleasure boats on the river. Saving all liberties of fishing and fowling. River Dun, between Holmftile and Wilfick house, not under the commiffioners of fewers: but they shall have the fame power down from Wilfick to the river Ouze as before. Not to

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See 1 Geo. 2. c. 8.

charge the tenants of the crown, or refiants of Hatfield in Com' Ebor', with any duties, but the lock dues. The locks fhall be opened for boats which have paid the duties, &c. Commiffioners may appoint perfons to measure the boats. Perfons receiving damage by the undertakers, commissioners to assess the damage by a jury. If the undertakers do not pay the affeffment, commiffioners may conftitute a person to receive the duties to the ufe of the fufferers. Corporation may engage the profits for money to be borrowed. The water-engines for fupplying Doncafter with water, not to be prejudiced till proprietors fatisfied.

- CA P. XXI,

An act for granting to his Majesty the fum of three hundred and feventy thousand pounds, to be raised by loans, or exchequer-bills, to be charged on the furplus monies of the duties on coals and culm, granted by an act of the fifth year of his Majesty's reign, for a term of years, and fince made perpetual.

MOST gracious Sovereign, Whereas by an act of parliament made and passed in the ninth year of her late Majesty's reign, intituled, An act for granting to her Majesty several duties upon coals, for building fifty new churches in and about the cities of London and Westminster, and fuburbs thereof; and other purpofes therein mentioned, it was enacted, That for all forts of coals and culm, which from and after the twenty eighth day of September one thousand feven hundred and fixteen, and before the twenty eighth day of September one thousand feven hundred and twenty four, should be imported and brought into the port of the city of London, or the river of Thames, within the liberty of the faid city upon the fame river, there should be paid to her Majesty, her heirs and fucceffors, by way of impofition thereupon (over and befides all other impofitions and duties) according to the rates herein after mentioned, that is to fay, For all fuch forts of coals and culm as are ufually fold by the chalder, for every chalder thereof, containing thirty fix bushels Winchefter measure, the sum of three fillings; and for fuch fort of coals as are fold by the ton, for every ton thereof, containing twenty hundred weight, the fum of three shillings; all the produce of which Said impofition on coals and culm was thereby appropriated for the building of fifty new churches, in or near the cities of London and Westminster, or the fuburbs thereof; and other purposes therein mentioned: and whereas by an act of parliament made and paffed in 1 Geo. 1. stat.2. the first year of your Majefty's reign, the faid impofitions and duties on coals and culm were further granted to your Majefty, from the twenty Seventh day of September one thousand feven hundred and twenty four, to the twenty eighth day of September one thousand feven hundred and twenty five, and the whole produce thereof thereby applied for the making provifion for the minifters of the jaid fifty new churches, and other purposes therein mentioned: and whereas by an act of parliament of the fifth year of your Majesty's reign, intituled, An act for continuing certain duties upon coals and culm, and for establishing certain funds to raise money, as well to proceed in the building of new churches, as alfo to compleat the supply

C. 23.

§ Geo, 1. c. 9:

grant

granted to his Majesty, and to reserve the overplus monies of the faid duties for the difpofition of parliament, and for more effectual fuppreffing private lotteries, the fame impofitions and duties were granted to your Majesty, from the twenty feventh day of September one thousand feven hundred and twenty five, to the feast of the annunciation of the blessed Virgin Mary, which should be in the year of our Lord one thousand feven hundred and fifty one, and were thereby charged with a particular fund of twenty one thoufund pounds per annum for thirty two years, from the twenty fifth day of March one thousand feven hundred and nineteen, for the raising the fum of three hundred and fixty thousand pounds, in lieu of the provifions by the former acts, for the building of the faid churches, and other purposes before mentioned, and were by the fame act further charged with another particular fund of thirty thousand five hundred and fifty nine pounds fourteen fhillings per annum, for the like term of thirty two years, from the faid twenty fifth day of March one thousand seven hundred and nineteen, for the paying off and discharging the fum of five hundred thousand pounds, with intereft at four pounds per centum per annum, for the fortunate tickets in the lottery established by the faid last mentioned act; and in and by the said laft mentioned act, it was enacted, That all the furplus, excess or overplus monies, which should quarterly arife by the faid duties on coals and culm (over and above fo much as should be fufficient to discharge the feveral annual or other fums thereby charged thereon) and all the furplus, which should remain after the faid fum of three hundred and fixty thousand pounds, to be charged on the faid particular fund of twenty one thousand pounds per annum, and the principal and intereft, to be charged on the faid particular fund of thirty thousand five hundred and fifty nine pounds fourteen fillings per annum, should be entirely paid off, difcharged and fatisfied, should be kept apart, and referved for the difpofition of parliament, and should not be difpofed or applied to any use or purpose whatsoever, but by the authority of parliament, and according to fuch future act or acts of parliament, as fhould be made and passed for the difpofition thereof: and whereas by a fubfequent act of parliament, made in the fixth year of your Ma- 6 Geo. 1. c. 4c jefty's reign, for enabling the South-Sea company to enlarge the capital fock and fund of the faid company, the faid duties on coals and culm were continued for ever; and it was thereby enacted, That the Jaid governor and company might before the first day of March one thousand feven hundred and twenty one redeem all and every, or any the redeemable debts and incumbrances therein particularly set forth and enumerated, including therein the faid fum of five hundred thousand. pounds for the faid lottery, and the securities for the fame, by paying off the fame, at the rate of one hundred pounds for every one hundred pounds principal money, and proportionably for a greater or leffer fum; and it was thereby enacted, That upon such payment of the respective fum or fums payable to the proprietors for fuch redemption the fame hould be adjudged to be redeemed, and the interest and annuity payable in respect thereof to the respective proprietors of such debts and incumbrances fhould thenceforth ceafe and determine to be payable to them, and in lieu thereof an annuity after fuch and the like rate as the in

terest

terest-money and annuity, as was then payable for or in respect of fuch debts or incumbrances, fhould be from thenceforth payable to the faid governor and company, and their fucceffors, until redemption by parliament, and a proportional addition in respect thereof should be made to their capital flock; and it was by the fame act provided, That if the proprietors of the faid redeemable debts and incumbrances Should be willing to accept, in lieu of the faid rate of one hundred pounds per centum in money, a fhare or shares in the capital or joint Stock of the faid company, at such price as should be agreed on between the faid company and the faid proprietors, that then, in lieu of their respective debts, they should be entitled to fuch shares in the faid capital or joint ftock; and that fuch perfons fo accepting stock in lieu of money should deliver up to fuch person or perfons, as for that purpofe fhould be appointed, the orders whereby fuch proprietors were entitled to fuch debts or incumbrances, and that the person or perfons to be appointed for taking in the faid orders should deliver the faid orders into the office of the auditor of the receipt of exchequer, there to remain for ever; and that no payments or iffues upon any of the faid orders fo delivered up should afterwards be made at the exchequer, unlefs for arrears of the faid annuities or intereft monies; and the particular duties, revenues, funds and provifions charged with the payment of the annuities and debts, which were payable by the faid orders fo delivered up, should be thenceforth discharged of and from the fame; and by the fame last mentioned act it was enacted, That the faid company should have an additional allowance for charges of management, in proportion to the annuities and debts to be taken in or paid off, by them to be fettled in manner as therein is mentioned; and that the fame, together with the fum then allowed them for charges of management, bould be charged upon and payable out of the particular duties, revenues and incomes by the faid act charged or intended to be charged to and with their then present annuity, and the feveral additions to be made thereto: and whereas, in purfuance of the faid laft mentioned all, the South-Sea company did redeem fo much of the faid debt of five hundred thousand pounds as amounted to the principal fum of four hundred thirty four thousand fix hundred and five pounds, by taking the fame into their capital stock at the prices agreed between them and the faid proprietors, and the ftanding orders for the fame have been accordingly delivered up into the office of the auditor of the receipt of exchequer, and by means thereof the faid company are become entitled to an annuity or yearly fum of feventeen thousand three hundred eighty four pounds four shillings, being after the rate of four pounds per centum per annum, in respect of the faid principal fum fo redeemed and taken into their capital ftock, and the refidue of the faid principal debt or fum of five hundred thousand pounds hath been fince paid off, and difcharged, by means whereof the faid annuity of thirty thousand five hundred fifty nine pounds fourteen fillings is redeemed and determined, and the faid impofitions or duties ftand now charged with the said particular fund of twenty one thousand pounds per annum for the residue of the faid term of thirty two years, for the purposes aforefaid, and with the faid annuity of feventeen thousand three hundred eighty four pounds four billings, payable to the South-Sea company, until the redemption thereof by parliament, and with a proportionable part of the ad

ditional

ditional allowance for charges of management, allowed or to be allow-
ed the faid company, in respect of the said sum of four hundred thirty
four thousand fix hundred and five pounds fo redeemed and taken into
their capital flock as aforefaid: now we your Majefty's most du-
tiful and loyal fubjects, the commons of Great Britain in par-
liament affembled, taking into our ferious confideration the great
expences and charges your Majefty muft neceffarily be at for the
defence of this realm, and maintaining the important town and
fortrefs of Gibraltar, now actually befieged by the forces of the
King of Spain; for the preferving the trade and navigation of
this kingdom, and maintaining and preserving a just balance of
power and peace in Europe; and being defirous to raise the ne-
ceffary fupplies which we have chearfully granted to your Maje-
fty for these purposes, in the easiest manner we are able, for the
benefit of your fubjects, have freely and voluntarily given and
granted, and by this act do give and grant to your Majesty the 370,000l.
fum of three hundred and feventy thousand pounds, to be raised granted to his
in such manner and form as is herein after directed; and to that Majesty.
end do most humbly befeech your Majefty, that it may be en-
acted; and be it enacted by the King's moft excellent majefty,
by and with the advice and consent of the lords fpiritual and
temporal and commons in this prefent parliament affembled,
and by the authority of the fame, That there shall be provided
and kept in the office of the auditor of the receipt of the exche-
quer one book or register, in which all the orders for money
payable upon this act shall be entred and registred; and that it
Any perfons
thall and may be lawful to and for any perfon or perfons, natives may lend on
or foreigners, bodies politick or corporate, to lend to his Ma- credit of the
jefty, at the said receipt, upon credit of the faid furplus, excefs overplus mo-
or overplus monies fo as aforefaid referved for the difpofition of at 41. per
parliament, any fum or fums of money not exceeding in the cent.
whole the fum of three hundred and feventy thousand pounds,
which lenders fhall have intereft for their forbearance of their
respective loans, not exceeding the rate of four pounds per cen-
tum per annum, fo as fuch loans be allowed to be made by the
commiffioners of the treasury, or any three or more of them,
or by the lord high treasurer, or any three or more of the com-
miffioners of the treafury for the time being, who are hereby
authorized to iffue their warrants for that purpose, as fast as fuch
loans fhall be wanted for the publick fervice; the faid intereft to
be paid every three months from the making of fuch loans, un-
til the fatisfaction of the principal fums respectively; and that no
monies fo to be lent, fhall be rated or affeffed in any tax or af-
sessment whatsoever; and that every fuch lender fhall immedi-
ately have a talley of loan ftruck for the money by him, her or
them lent, and an order of the fame date for repayment there-
of, with fuch interest as aforesaid; and that all fuch orders fhall Orders to be
be registred in courfe according to their dates, and all perfons registred in
course,
thereupon shall be paid in courfe, as their orders fhall ftand
regiftred, fo as the perfon or perfons, natives or foreigners, his,
her or their executors, adminiftrators or affigns, whofe orders

Intereft to be

paid every 3
months.

fhall

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