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ed from bearing the faid office of sheriff, unless fuch perfon shall have been first elected to fuch office, and have notice thereof as usual, between the twenty fourth day of June and the tenth day of Auguft enfuing.

tion of

mayor, &c. in

V. And be it enacted by the authority aforefaid, That upon What to be every election to be made in time to come, of any mayor, the- done on elec riff, alderman or common council-man, in or for the faid city of Norwich, the mayor or other officer or officers prefiding at cafe a poll be fuch election, in cafe a poll be demanded by any of the candi- demanded. dates, or any three or more of the electors, fhall caufe a regular poll to be taken of the voters, and fhall appoint a convenient number of clerks to take the fame, which clerks fhall take the faid poll in the presence of such mayor, or other prefiding officer or officers, or such as he or they, according to the charters and usages of the faid city, fhall depute; and before they begin to take the faid poll, every clerk fo appointed, fhall, by the faid mayor or other prefiding officer or officers, be fworn truly and indifferently to take the fame poll, and to fet down the name of each voter, with his addition and place of abode, and for whom he shall poll, and to poll no elector who is not fworn according to the direction of this act; and every person before he is admitted to poll at the fame election, shall first take the oath herein after mentioned, or, being a Quaker, fhall folemnly affirm the effect thereof, viz.

YOU

OU shall swear, or being a Quaker, you shall folemnly affirm, that you are a freeman of the city of Norwich; or in cafe of an election for an alderman or common council-man, That you are an inhabitant in the ward, for which fuch election is made, and have not been polled at this election.

Which oath or affirmation the faid mayor, or other prefiding officer or officers, or his or their deputy or deputies, or fuch fworn clerks by him or them appointed to take the faid poll as aforefaid, is and are hereby authorized to administer; and at every such election upon clofing the poll, the number of voters in each poll shall be publickly proclaimed; and if a scrutiny of any fuch poll fhall, within four and twenty hours after clofing the fame, or proclamation made thereof as aforefaid, be demanded by or on behalf of any candidate, or by any three or more of the electors voting at fuch election, fuch fcrutiny fhall be proceeded in with effect; and in order thereto the mayor, or other officer or officers prefiding at fuch election, fhall, within feven days after demand thereof, deliver to the perfon or perfons requiring fuch fcrutiny, or fome of them, a true copy of the poll taken at fuch election, paying only reasonably for writing the fame, not exceeding the rate of fix pence for the names and additions of twenty voters; and fuch fcrutiny fhall begin within twelve days, and not in lefs than ten days next after clofing or finishing the poll, and fhall be publickly proceeded in at the

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place of election, or as near as conveniently may be, without any unneceffary delay.

Mayors, &c. VI. And be it further enacted, That every mayor, or other refufing to de- officer or officers prefiding at any fuch election, refufing to deliver copies of liver copies of the polls, being demanded as aforefaid, or wilpolls, forfeit fully offending in the premiffes, fhall for every wilful offence contrary to this act, forfeit the fum of five hundred pounds, to the party or parties aggrieved, together with costs of fuit, to be recovered by action of debt, bill, plaint or information, in any of his Majefty's courts of record at Westminster, to be brought or commenced within fix months after the offence committed; and in any such action or fuit, no effoin, protection, wager of law, privilege or imparlance fhall be admitted or allowed.

VII. And whereas it hath sometimes happened, that upon the death ef an alderman of the faid city, the election of another in his place hath been deferred for a long time, to the great prejudice of the inhabitants of the faid city; be it further enacted, That from and after the twenty fifth day of March one thousand seven hundred On death, &c. and twenty three, upon the death or removal of any alderman of analderman of the faid city; the mayor, or his deputy appointed by him, a new one is to fhall within the space of five days at the longeft, and not fooner

be chofen

within five days.

This a publick act.

than two days after fuch death or removal fhall happen (and the faid mayor or his deputy have notice thereof) proceed to the election of a new alderman, giving first to the freemen of the ward, for which the election is to be made, twenty four hours notice at leaft, before fuch election fhall begin provided that nothing in this act contained shall extend, or be conftrued to extend, to the limits of the palace of the bishop of Norwich, or the precincts of the cathedral church of Norwich.

VIII. And be it enacted, That this act shall in all courts and places be deemed and taken to be a publick act, and all judges,, juftices and others, are to take notice thereof as fuch, without specially pleading the fame.

CAP. X.

An act for clearing, depthning, repairing, extending, maintaining and improving the baven and piers of Great Yarmouth, and for depthning and making more navigable the feveral rivers emptying themfelves at the faid town; and alfo for preferving fhips wintering in the faid haven, from accidents by fire.

W

HEREAS the ancient borough of Great Yarmouth in the county of Norfolk, bordering upon the fea, hath by long experience been found to be of great importance, for advancing his Majefty's fervice and revenue, trade in general, more especially the fifhery, and for breeding and employing many thousands of skilful mariners and feamon: and whereas the haven and piers belonging to the faid borough, have been, and fill continue obftructed by fands thrown up by the fea in fuch fort, as the benefit accrewing thereby must be wholly loft, if not timely prevented and preferved by clearing, repair

:

10 & 11 W. 3.

ing and maintaining the fame, the great and unavoidable charge where-
of being infupportable by the inhabitants of the faid borough, they the
faid inhabitants, from time to time, have been aided and relieved by
feveral fucceffive acts of parliament: and whereas the powers and au-
thorities of the last act, made and ordained for and concerning the faid
haven and piers in the tenth and eleventh years of the reign of the late
King William the Third (of glorious memory) are determined and
expired, and, unless renewed and continued, the great fums of mo- c. 5.
ney already expended and laid out in and about the faid haven and piers,
pursuant to the faid several acts of parliament, will prove useless and
ineffectual, and the faid haven and piers must inevitably fall foan into
irreparable decay, and the harbour, fo beneficial, become inacceffible,
to the great detriment of his Majesty and his kingdoms, trade in gene-
ral, utter ruin and impoverishment of the faid inhabitants and adja-
cent counties: for preventing whercof, and to the end the said haven
and piers, and the jettees on the North-fide thereof may be cleared,
depthned, repaired, extended, maintained and improved, and the
channel of that part of the river Yare, leading from Great Yar-
mouth to Norwich aforefaid, called Braydon, and fo much of the
faid river Yare as lies between the new mills in Norwich and Hard-
ly-Crofs in Hardley, in the county of Norfolk; and alfo the rivers
Waveney and Bure, commonly called the North river, which empty
themselves at the said town of Yarmouth, be depthned and made
more navigable for boats and keels usually passing the same, and tim-
ber and other materials for that purpofe provided and furnished, from
time to time, as occafion fhall require; be it enacted, &i.

From the 25th of March 1723, for twenty three years, and to the end of Revived for 2
the next feffion of parliament, there fhall be paid by every mafter of any years by 20
fhip unlading within the haven of Great Yarmouth or in Yarmouth-Road, Geo.2. c. 40.
from the South part of Scratby in Norfolk to the North part of Corton in
Suffolk, for every chalder of coals, Winchester measure, laft of wheat, rye,
barley, malt or other grain, and for every weigh of falt, and for every
tun of other goods, (fifh excepted) fuch fums of money, not exceeding
twelve pence, as the mayor, aldermen, burgeffes and commonalty of the
borough of Great Yarmouth in common council fhall appoint, viz. 6 d. for
clearing and improving the haven, piers and jetees; one penny halfpen-
ny to the chamberlain of Norwich for clearing and depthning the channel
of the river Yare, between the new mills in Norwich and Hardly-Crofs;
one halfpenny to perfons yearly named by the quarter-feffions at the castle
at Norwich, for clearing and depthning the North-River; one halfpenny
to perfons yearly named at the quarter-feffions at Beccles, for clearing
and depthning the river Waveney; one halfpenny unto fuch as the mayor,
&c. of Yarmouth, in common council fhall appoint, for repairing the
bridge and the keys; and three pence for clearing and depthning the
channel of the river Yare, called Braydon. Twelve commiffioners appoint-
ed to inspect accounts, &c. Fish oil, &c. exempt from payment of duty.
EXP.

CAP. XI.

An act for repairing and widening the road leading from the black bull in Dunstable in the county of Bedford, to the way turning out of the faid road up to Shafford-house in the county of Hertford.

The toll granted by this act is to have continuance from 1 June 1723, for 8 Geo.2. c.9. 21 years. Farther continued by 24 Geo. 2. c. 10. PR.

10Geo.2.C.24.

CAP.

6 Geo. 1. C11.

CAP. XII.

An att for the more eafy affigning or transferring certain redeemable annuities, payable at the exchequer, by endorsements on the standing orders for the fame.

WHEREAS

HEREAS in and by an act of parliament of the fixth year of his prefent Majesty's reign, (for laying a duty on wrought plate, and other purposes therein mentioned) amongst other things it was enacted, That the contributors for the purchase of the annuities thereby directed to be fold, should upon payment of their whole purchase-money, have orders for the payment of their faid annuities, until redemption 6 Geo. 1.c.17. thereof by parliament: and whereas by another act of parliament of the faid fixth year of his prefent Majesty's reign, intituled, An act for appointing commiffioners to examine, ftate and determine the debts due to the army, and to examine and state the demands of feveral foreign princes and states, for fubfidies during the late 7Geo.1. ftat.1. war; and alfo in and by another act of parliament of the feventh year of his faid Majefty's reign, intituled, An act for appointing commiffioners to examine, state and determine the debts due to the army, amongst other things it was enacted, That the commiffioners of his Majefty's treafury fhould be impowered to iffue ftanding orders for paying at the receipt of the exchequer, the annuities for the principal fums contained in the debentures by the faid two last mentioned acts respectively directed to be made forth: and whereas by another act 8 Geo.1. c.20. of parliament of the eighth year of his present Majefty's reign (fori

C. 30.

£, 43.

paying off and cancelling one million of exchequer-bills, and other purpofes therein mentioned) amongst other things it was enacted, That the commiffioners of his Majesty's treasury should be impowered to ifue fanding orders for paying at the receipt of exchequer, the annuities for the principal fums contained in the debentures therein recited to have been made forth for the fufferers at Nevis and Saint Christophers; and by the faid feveral acts it was enacted, That the faid Jeveral annuities fhould be deemed to be perfonal estates, and the reSpective proprietors thereof should have power to affign or devife his or their eftate of and in any fuch annuity, or any part thereof, and fo toties quoties; and that no fuch affignment should be revocable, fo as an entry or memorandum of fuch affignment or will should be made in books kept for that purpose in the office of the auditor of the receipt of exchequer, within three months after fuch affignment or death of the devifor; and that upon producing fuch affignment or will, or probate thereof, in the faid office of receipt to be entred as aforefaid, the party fo producing the fame, fhould bring therewith an affidavit, taken before one of his Majesty's justices of the peace, of the due execution of the faid affignment or will; which affidavits should be feverally filed in the faid office, as by the faid acts of parliament (relation to them refpectively being had) more fully may appear: and whereas the method prefcribed by the faid acts for affigning the faid annuities, and producing therewith affidavits taken before one of his Majesty's justices of the peace, of the due exccution of fuch affignments, is found to be chargeable, troublesome and inconvenient to the propri

etors

order.

etors thereof; and 'tis doubted whether affignments by endorsements on fuch orders are good and available in law; which has occafioned large discounts thereon, to the prejudice of publick credit; for remedy thereof, be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That the refpective proprietors of the faid standing orders, made forth or to be made forth, in pur- Affignments suance of the said acts, or any or either of them, fhall or may may be made from time to time, by proper words of affignment to be endorf- by indorseed on his, her or their order, affign or transfer his, her or their ment on the right, title, intereft and benefit of fuch order or orders to any other perfon or perfons; which being notified in the office of auditor of receipt aforefaid, the officers there fhall, without producing fuch affidavit as aforefaid, cause an entry or memorial thereof to be made in the book of registry for fuch orders, without fee or charge; and after fuch entry made, fuch affignment shall entitle fuch affignee, his, her or their executors, administrators, fucceffors or affigns to the benefit thereof, and payment thereon, and such affignee may in like manner affign again, and fo toties quoties; and afterwards it fhall not be in the power of fuch perfon or perfons, who have or hath made fuch affignments, to make void, release or discharge the fame, or any monies. thereby due, or any part thereof; any thing in the faid former acts, or any or either of them to the contrary notwithstanding.

be an

II. And for as much as it may happen, That feveral of the said orders, which at firft were made out for fmall fums, may in time come into the hands of one and the fame perfon, who may be willing and defirous to have several of the said orders for small fums exchanged for, and turned into one or more order or orders for larger fums, which may eafe and convenience, not only to the owners of fuch orders for small sums, but also to the officers of the exchequer, in the payment thereof; be it therefore enacted by the authority aforefaid, That any three or more of the commiffioners of the treasury now being, or the high treasurer, or any three or more of the commiffioners of the Orders for treafury for the time being, may (if he or they shall fo think fit) fmall fums direct the turning feveral orders for fmall fums of five hundred may be turned pounds principal money a-piece, or under, into one or more into orders for greater. order or orders for larger funs, and may cause to be made forth and figned new ftanding orders accordingly, for and in lieu of fuch orders for fmall fums; in which cafe the faid former or ders for small fums, fo to be turned into an order or orders for larger fums, fhall be delivered up and cancelled; and the faid new order or orders, to be made out in lieu thereof, fhall be made payable to the perfon or perfons, who fhall appear to be the proprietor or proprietors of the faid orders for small fums fo delivered up and cancelled at the time of fuch delivery up as aforefaid: and the faid auditor of the receipt aforefaid thall constantly take care, on the making out of fuch new orders, not to mix any order or orders made out in purfuance of any one of the faid acts of parliament, with any order or orders made out in pursuance of any other of the faid acts of parliament, to prevent

any

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