months, and that the fame ought at all times to have been fo conftrued, deemed and taken. or V. Provided always, That this act, or any thing herein con- Not to restore tained, shall not extend or be construed to extend, to restore to an office intitle any perfon or perfons to any office, imployment, benefice, ed actually avoidmatter or thing whatsoever, already actually avoided by judgment of any of his Majesty's courts of record, or already filled up or enjoyed by another perfon, but that fuch office, imployment, benefice, matter or thing fo avoided or filled up, or enjoyed as aforesaid, shall be and remain in and unto the perfon or perfons who is or are now intitled by law to the same, as if this act had never been made. themselves in VI. Provided always, and it is hereby further enacted by the Officers not authority aforefaid, That in cafe it shall happen that any fuch qualifying officer or perfon now or hereafter being on board the fleet, or the times in the fervice of his Majefty, his heirs or fucceffors, beyond the limited, liable feas as aforefaid, or in cafe any of his Majefty's fubjects, who to disabilities, have omitted to receive the facrament, and take and subscribe &c. the oaths, and make and subscribe the declaration, as by the faid acts they ought to have done (except all such persons who at any time heretofore were on board the fleet of his Majesty, or of any of his predeceffors, or in his or their service beyond the feas, at the time any office, imployment, pay or falary was granted to them, and who, within three kalendar months after their return into Great Britain, did receive the said facrament, take and subscribe the faid oaths, and make and fubfcribe the faid declaration refpectively as aforefaid) fhall make default in fo doing, within the times, and according to the directions in and by this act limited and appointed, then every such person so making default fhall be liable unto and incur all such disabilities, incapacities, forfeitures and penalties, as in and by the faid recited acts or either of them are refpectively provided and inflicted for not receiving the facrament, or not taking and subfcribing the faid oaths, or not making and subscribing the said declaration. VII. And in case of executing any fuch office, place or imployment after fuch default, every fuch perfon and perfons being thereof lawfully convicted in fuch manner as by the faid a made in the twenty-fifth year of the reign of King Charles the Second, or the faid act made in the first year of his Majesty's reign is respectively directed, thall be liable unto, and incur all such disabilities, incapacities, forfeitures and penalties, as in and by the faid refpective acts are in the like cafe provided and inflicted. CAP. XXX. An alt for encouraging and promoting fisheries, and other manufactures and improvements in that part of Great Britain called Scotland. W HEREAS by the fifteenth article of the treaty of union it Space Executing any office after default liable to the acts 25 Car.2.c.2, and Geo..c.13. Space of feven years, should be applied towards encouraging and promoting the manufacture of coarfe wool within thofe fhires of Scotland, which produce the wool, and that the first two thousand pounds fhould be paid at Martinmafs then next, and fo yearly at Martinmafs, during the time aforefaid: and whereas by an act paffed in the fifth year 5 Geo. 1.c. 20. of his Majesty's reign, intituled, An act for fettling certain yearly funds, payable out of the revenue of Scotland, to fatisfy publick debts in Scotland, and other ufes mentioned in the treaty of union; and to discharge the equivalent claimed in behalf of Scotland, in the terms of the fame treaty, and for obviating all future difputes, charges and expences, concerning thofe equivalents, it is amongst other things provided, That yearly and every year, reckoning the first year to begin from the feast of the nativity of St. John Baptift one thousand feven hundred and nineteen, the full fum of two thousand pounds of lawful money of Great Britain should be one yearly fund, payable at the four most ufual feasts of the year, that is to fay, the feast of St. Michael the archangel, the birth of our Lord Chrift; the annunciation of the blessed Virgin Mary, and the feast of the nativity of St. John Baptift, the first payment thereof to be due and payable at the feast of St. Michael the archangel in the year one thoufand seven hundred and nineteen, to be charged upon and paid out of the monies arifen and to arife, from time to time, of or for any of the customs, duties, excifes or revenues that are or shall be under the management of the commiffioners of the customs, and commiffioners of the excife in Scotland, after the payments therein directed to be made, and fubject to redemption by parliament, upon payment of the full funt of forty thousand pounds, and of all arrears of the faid annuity, if any fuch be, in fuch manner as is more particularly mentioned in the faid act, to be wholly applied towards the encouraging and promoting the fisheries, and fuch other manufactures and improvements in Scotland, as may most conduce to the general good of the united kingdom, according to the tenor and true meaning of the jaid fifteenth article of the faid treaty of union, and to no other ufe, intent or purpose whatfoever; which faid annuity hath not hitherto been paid or applied to the purposes for which the fame was intended: and whereas by an 12 Geo. 1. c.4. act paffed in the twelfth year of his Majesty's reign, intituled, An act for continuing the duties upon malt, mum, cyder and perry, in that part of Great Britain called England, and for granting to his Majefty certain duties upon malt, mum, cyder and perry, in that part of Great Britain called Scotland, for the fervice of the year one thoufand feven hundred and twenty tix, it is amongst other things provided, That if the rate of three pence per bushel, charged upon malt to be made in Scotland, hould produce a greater fum than the fum of twenty thousand pounds, clear of all charges of management, the furplufage fo produced, over and above the faid fum of twenty thousand pounds, fhould be wholly applied towards the encouraging and promoting the fisheries, and fuch other manufactures and improvements in Scotland, as may most conduce to the general good of the united kingdom, and to no other ufe, intent or purpose whatsoever, in fuch manner as fhould thereafter be fettled and directed by parlidment: to the end therefore that these feveral funds and fums of money to fettle a me money, and any other fund or fum of money, that may arife, grow due, or be provided and become payable for the advancement and improvement of fisheries and manufactures in that part of Great Britain called Scotland, may be regularly applied for the faid purposes; be it enacted by the King's most 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 it fhall and Crown, by letmay be lawful to and for his Majefty, his heirs and fucceffors, ters patents, by letters patents under the great feal appointed by the treaty thod, and diof union to be kept in Scotland in place of the great feal thereof, rect rules for to lay down, fettle and establish a particular plan or method, the funds proand to fix and direct proper rules and regulations, whereby the vided for imseveral funds and fums of money aforefaid, already provided and provement of fishery in Scotgrown due, or which hereafter fhall be provided and grown land. due, for the improvement and encouragement of fishery and manufactures in that part of Great Britain called Scotland, shall be wholly applied, laid out and diftributed, according to the tenor and true meaning of the faid fifteenth article of the treaty of union, and for the improvement of fisheries, and such other manufactures in Scotland as may most conduce to the general good of the united kingdom, and to no other fe, intent or purpose whatsoever; which plan and method of diftribution fhall continue and endure, and be a full authority for applying the monies in the manner therein to be directed, till the fame fhall be altered or varied in the manner herein after expreffed. these funds. II. And be it further enacted by the authority aforesaid, That Crown to auit shall and may be lawful to and for his Majefty, his heirs and thorize comfucceffors, by letters patents under the feal aforefaid, to appoint, miffioners for name and authorize any number of perfons refiant in that part managing the of Great Britain called Scotland, not exceeding the number of application of twenty one, to be trustees and commiffioners for managing and directing the application of the faid fums, according to the plan or method that fhall be fettled and established as aforefaid, and for executing the feveral powers and authorities which by the faid letters patents fhall to them be committed by his Majesty, his heirs or fucceffors. crown rents to be cashier, III. And be it further enacted by the authority aforefaid, Receiver geThat it fhall and may be lawful to and for his Majefty, his heirs neral of the and fucceffors, to appoint the receiver general of the crown rents and cafualties in Scotland to be the cashier for the faid commiffioners and trustees, for receiving the feveral fums of money generally and particularly above mentioned, and for paying out the fame to and by the order of the faid commiffioners and trustees, for the purpofes and according to the particular regulations that fhall be established by his Majefty, his heirs and fucceffors, in the faid letters patents. IV. And it is hereby further enacted, That the commiffi- Treafury to oners of his Majefty's treafury now being, and the lord high order paytreasurer of Great Britain, and the commiffioners of the trea- ment of fury of his Majefty, his heirs and fucceffors, for the time being, money due VOL. XV. for promoting fhall F f the cashier without fee. the fishery, to fhall, and they are refpectively hereby impowered and required to iffue their warrants and orders to the proper perfons, for making payment of all and every the fums of money particularly and generally above mentioned, due and payable, or that shall fall due and become payable hereafter, for encouraging and promoting fisheries and manufactures in Scotland, as the 5 Geo. 1. c. 20. fame fhall feverally become due, according to the direction of 12 Geo. 1. c.4. the acts above mentioned, to the faid receiver general of the crown rents and casualties in Scotland, without fee or reward, to 1 Commiffion be by him answered and issued in like manner, without fee or reward, to and by the order of the faid commiffioners and trustees, pursuant to fuch directions as fhall be given in that behalf by the faid letters patents. V. Provided always, That the faid commiffioners and trufers to audit tees fhall, annually and each year, at the feaft of the nativity yearly at of our Lord Chrift, make up a faithful and exact account of the Christmas,&c. monies received and iffued by their orders, together with a full and true report of the state of the funds committed to and under their management, and of their proceedings in the execution of their trust, which they fhall, within the space of thirty days, lay before his Majefty, his heirs or fucceffors; and also fhall, within the like space of thirty days, lay true copies of the faid accounts and report before the annual committee of the convention of the royal burroughs of Scotland, that they may peruse and examine the fame, and lay before his Majefty, his heirs and fucceffors, from time to time, fuch obfervations. as they fhall make thereon. Commiffioners yearly at Christmas to lay before his Majetty alte rations for improving the fishery. VI. And whereas experience may difcover divers improvements fit to be made upon the plan or method to be fettled and established by his Majefty as aforefaid; be it therefore enacted by the authority aforefaid, That it shall and may be lawful to and for the faid commissioners and trustees, annually and each year, at the said feast of the nativity of our Lord Chrift, to propofe and lay before his Majefty, his heirs and fucceffors, fuch alterations and additions as to them fhall feem neceffary or expedient, for improving or amending the plan or method for the time being established for encouraging the faid fisheries and manufactures; and if the said alterations or additions fhall feem neceffary or expedient to his Majefty, his heirs or fucceffors, it fhall and may be lawful to and for his Majefty, his heirs and fucceffors, by letters patents under the feal aforefaid, to alter the plan or method for the time being, and to settle and establish a new one, upon the representation of the commiffioners and trustees as above mentioned, which fhall continue and endure, and be in force until it fhall be altered or varied by his Majefty, his heirs and fucceffors, upon the representation of the faid commiffioners and trustees in manner above mentioned. CAP. XXXI. An act for repairing the road from Cranford bridge in the county of Middiefex, to that end of Maidenhead bridge which lies in the county of Bucks. The The toll took place 1 June 1727, and is to have continuance for 21 years. An act for the more effectual amending the highways leading from Roy- The toll took place the 24th of June 1727, and is to continue for 21 years. Amended by Continued by 14 Geo. 2. c. 13. and 24 Geo, 2. C. 59. CAP. XXXIII. An alt for improving the navigation of the river Ouze in the W county of York. HEREAS the antient city of York hath been and is yet confiderable for its trade both at home and abroad, and as well the faid city and county of the fame city, as the country adjoining upon or near unto the river Ouze in the county of York, hath been much relieved, maintained and supported by the faid river, which of late years in divers places hath been filled, choaked and stopped up with ・fands and other obftructions, that ships, pinks, keels, boats, lighters and other veffels cannot, without great hazard and difficulty, come up to the faid city as in times paft, which is not only detrimental to trade and the publick good, and prejudicial to the faid city, but to all traders thereto, and to the owners and occupiers near thereunto, and will be yet more injurious to them, if fome speedy remedy or course be not taken and provided for repairing, amending and making the faid river more navigable and paffable: for remedy whereof, and to the intent that the faid river, as well for the good of the publick in general, and of the inhabitants of the faid city, as also of such as shall trade and pass thither and from thence with merchandizes, may be effectually repaired, amended, maintained and improved; be it enacted, &c. Trustees appointed for making navigable the river Ouze. Trustees to compound with owners for damages. Commiffioners appointed for fettling differences between trustees and others. Commiffioners may mediate between trustees and others. May caufe a jury to be impanelled, to affefs damages. On payment of the money affeffed, trustees may proceed to work. New cuts to be fupported for ever, by the trustees. On deaths, &c. of commiffioners, others fhall be chofen. It fhall be lawful for seven commiffioners, with the concurrence of feven trustees, to lay tolls on merchandizes carried on the river above Wharf Mouth, except ftraw, manure, dung, compoft or lime ufed in tillage, and except materials made ufe of in the works, not exceeding 6 d. for every ton of falt, lead, hams and fides, tow, old glafs, timber, coals, corn, feeds, flour, turfs, cafes, chefts of glafs, Dutch tiles, earthen-ware, butter, flax and hemp, and not exceeding 1 s. for every ton of iron, steel and wrought iron ware, and not exceeding 2 s. 6 d. for every ton of wines and groceries; and not exceeding 6 d. for other goods. Watermen may tow up their veffels on the banks. Trustees to fet up bridges and conveniencies, for owners to come at their lands. Mafter answerable for his veffel and crew. Land owners near the river may keep pleasure-boats. Commiffioners not to fettle damages otherwife than by verdict of a jury. Throwing dirt into the river forfeits 5 S. In cafe of difference about the weight of goods, mafter on oath may afcertain it, or the collectors may weigh the goods. Trustees may engage the profits of the toll for fecurity for money to be borrowed. As foon as fufficient money fhall be raised for the ufes of the F { 2 વહી a&t, 7 Geo. 2. c. 29. |