Collectors of out ports, to deliver dupliCates to the trustees of the out-ports. Seamen not paying the duty, not to be benefited. Those who &c. longeft, per month, to be paid at the faid town and port; and for taking, receiving, and applying any fum or fums of money as shall be contributed, devifed, or bequeathed by any well-difpofed perfons, for the relief and fupport of fuch feamen, and their widows and children, as fhall be intitled thereto, by virtue of this act; and for appointing receivers, and other officers, for the purposes aforefaid, as are given and granted by virtue of this act, to the prefident and governors aforefaid, according to fuch rules, orders, and regulations, as are or fhall be established by virtue of this act; and fuch receivers and other officers fhall have the fame powers and authorities as the other receiyers and officers, to be appointed in pursuance of this act, and fhall be fubject and liable to the like penalties and forfeitures; any thing herein contained to the contrary thereof in any wife notwithstanding. XXX. And be it further enacted by the authority aforefaid, That nothing herein contained shall extend, or be construed to extend,, to oblige the receivers or collectors of the faid duty, to be appointed by the trustees of any of the faid respective outports, to fend the duplicates of the books or mufter-rolls hereby directed to be delivered to fuch receivers or collectors, by the mafter, or other person having the care of any ship or veffel, to the said prefident and affiftants, or committees; but fuch duplicates fhall be delivered by fuch collector or receiver, after making and filing copies thereof, to the faid trustees respectively, to be by them filed and kept for their use and inspection. XXXI. Provided always, and it is hereby declared, That no feaman or other perfon employed on board any merchant ship, or other private fhip or veffel, fhall be intitled to have or receive any provifion or benefit by virtue of this act, at the port of London, or any out-port, but those who are fubject and liable to, and fhall pay the faid duty of fix pence per month as aforefaid, at the faid port of London, or out-ports refpectively. XXXII. Provided alfo, and be it declared, That thofe feamen who fhall have been longest in the faid fervice, and contributed moft towards the faid duty, fhall be firft provided for as worn out or decrepit. XXXIII. And whereas it may happen that feamen or other perfons employed on board ships or vessels, may, by accident in loading or unloading the fame, or otherwise in doing their duty on fhore, as well as on board fuch fhips or veffels, receive fuch hurt or damage, that it may endanger their lives, to fend them to the port to which the ships or veffels do refpectively belong; therefore be it further enacted by Maimed fea- the authority aforefaid, That in cafe any feaman, or other perfon employed on board any fhip or veffel, fhall, in doing his duty on fhore, or on board any fuch fhip or veffel, break an arm or leg, or be otherwife hurt or maimed, fo that immediate care is neceffary to be taken of him, it fhall and may be lawful for the faid prefident and governors at the port of London, and the refpective truftees for the out-ports, and they are hereby required to provide proper relief for such feaman or other perfon men, that fhall be fo hurt or maimed, until he fhall be fo well reco- till they can vered of fuch hurt or damage, as to be removed and fent with be removed to fafety to the respective port to which fuch fhip or veffel does be- the veffel bethe port where long; and the expence of removing and fending fuch feaman longs; or other perfon to fuch refpective port, not exceeding two pence 2d per mile per mile, fhall be paid by the faid prefident and governors at allowed them. the port of London, or by the trustees for the refpective out-port to which such seaman or other perfon fhall be fo removed and fent; any thing herein contained to the contrary thereof in any wife notwithstanding. ferved and XXXIV. And be it further enacted by the authority afore- Difabled feafaid, That in cafe any feaman, or other perfon, fhall ferve five men having years or more, on board merchant or other private fhips or paid 5 years, veffels, belonging to different ports, and fhall have paid the fix pence per month for that time, and fhall become decrepit and worn out, and adjudged, either by the faid prefident and affiftants, or the refpective trustees, a proper object of relief, fuch perfon fhall be provided for and relieved at the refpective port to be provided where he shall have contributed and paid the greatest part of the for where they faid duty of fix pence per month for the last five years of his have contrifervice; any thing herein contained to the contrary thereof in buted moft. any wife notwithstanding. XXXV. And whereas it may happen that feamen employed in the Seamen fhipmerchants fervice, within the limits of this act, may be shipwrecked, wrecked, or or taken by the enemies of his Majefty, his heirs and fucceffors, and prifoners, to be relieved. on their return from imprisonment, may be travelling with paffes to the place of their respective abodes; be it enacted by the authority aforefaid, That it fhall and may be lawful for the faid prefident and governors, or the refpective trustees, if they think fit, to relieve any fuch feaman in fuch manner as they fhall think proper, any thing in this act contained to the contrary thereof in any wife notwithstanding. to be allowed. XXXVI. And whereas there may be fome circumstances wherein Where certithe certificates herein before-mentioned cannot be obtained; be it there-ficates cannot fore further enacted by the authority aforefaid, That in all cafes be had, others where the certificates directed to be produced by this act cannot be obtained, fuch other certificates as fhall be fatisfactory to the faid prefident and governors, or truftees refpectively, fhall be received and allowed of, to intitle the party producing the fame to the penfions of other relief provided by this act; any thing herein contained to the contrary thereof in any wife notwithftanding. XXXVII. And whereas the united company of merchants of England trading to the East Indies, have, at their own expence, conftantly provided for fuch feamen employed by them as have been rendered incapable of prefent or future fervice, by fickness, wounds, or other accidental misfortunes, and for the widows and children of fuch Seamen as have been killed, flain, or drowned in their fervite, and have established a fufficient fund for that purpose, and are willing to continue fuch provifion, and are therefore defirous that the officers and Seamen employed in their fervice, and the fervants and apprentices of H 4 fuch India company's fervice exempted; fuch officers, may be exempted from the payment of the fix pence per Seamen in the month; be it therefore enacted by the authority aforefaid, That no master or commander, officer, mariner, or feaman, or fervant or apprentice of any mafter or commander, or officer of any thip or veffel, of or belonging unto or employed, or which shall be employed by or in the fervice of the faid united company of merchants of England trading to the East Indies, during the time they shall be fo refpectively employed in the faid company's fervice, fhall in any wife be liable or fubject to the faid duty or payment of fix pence per month; but that every fuch mafter or commander, officer, mariner, or feaman, and every fervant and apprentice of such master or commander, or officer of any ship or veffel of or belonging unto, or employed by or in the faid company's fervice as aforefaid, fhall, during the time of fuch fervice, be totally exempt from the payment thereof; any thing in this act contained to the contrary notwithstanding. and excluded. XXXVIII. Provided always, That no master or commander, officer, mariner, or feaman, or any fervant or apprentice of any mafter or commander, or officer employed in the fervice of the faid united company, fhall have or be intitled to any benefit by this act, for or in respect of any incapacity by sickness, wounds, or other accidental misfortune happening unto them, during the time of their being employed in the faid company's service; nor shall the widows or children of such seamen as fhall be killed, flain, or drowned in the service of the faid united company, be intitled to any benefit or relief by or from this act, by reason or means of any fuch feaman's being killed, flain, or drowned during the time they shall be employed in the faid company's service as aforefaid. Forfeitures XXXIX. And be it further enacted by the authority aforehow to be re- faid, That all and every the pecuniary forfeitures and penalties covered, and which fhall be incurred by virtue of this act, or any claufe applied. therein contained, fhall be fued for and recovered in any of his Majesty's courts of record, in that part of Great Britain called England, wherein no effoin, protection, privilege, wager of law, or more than one imparlance, fhall be allowed; and if a verdict shall pafs for the plaintiff in any fuch action, bill, plaint, or informaDouble cofts. tion, then fuch plaintiff fhall have and be allowed double cofts of fuit; and that one moiety of all and every the faid forfeitures and penalties, when recovered, fhall go and be applied to the ufes and purposes of this act, and the other moiety to the use of such person as shall fue for the fame in manner aforesaid. Publick act. actions. XL. And be it further enacted by the authority aforefaid, That this act fhall be deemed and taken to be a publick act, and shall be judicially taken notice of as fuch by all judges, juftices, and Limitation of others, without fpecially pleading the fame; and if any action fhall be brought, or fuit commenced against any person or perfons, for any thing done in pursuance of this act, or in relation to the premiffes, or any of them; every fuch action or suit shall be laid or brought within three months next after, in the county or place where the fact was done, and not elsewhere; and the defendant defendant or defendants, in fuch action, may plead the general General issue. iffue, and give this act, and the fpecial matter in evidence, at any trial to be had thereupon; and that the fame was done in = pursuance and by the authority of this act; and if the fame Thall appear to have been fo done, or if any fuch action or fuit fhall not be brought within the time before limited, or shall be brought in any other county or place than as aforefaid, then the jury fhall find for the defendant or defendants; or if the plaintiff or plaintiffs fhall become nonfuited, or suffer a discontinuance of his, her, or their action or actions, or if a verdict fhall pass against the plaintiff or plaintiffs, the faid defendant or defendants shall have double cofts, and fhall have fuch remedy for Double cofts. recovering the fame, as any defendant or defendants hath or have for cofts in other causes by law. CAP. XXXIX. An act for granting a duty to his Majesty, to be paid by diftillers, upon licences taken out by them for retailing fpirituous liquors. WHEREAS by an act of parliament made and passed in the 16 Geo. 2. c. 8. fixteenth year of the reign of his prefent Majefty, intituled, An act for repealing certain duties on fpirituous liquors, and on licences for retailing the fame; and for laying other duties on fpirituous liquors, and on licences to retail the faid liquors; it was, amongst other things, enacted, That no person or perfons fhould, from and after the twenty fifth day of March, one thousand feven hundred and forty three, prefume to retail any brandy, rum, arrack, ufquebaugh, geneva, aqua vitæ, or any other diftilled fpirituous liquors, or frong waters unmixed, or mixed with themselves, or any other ingredients, without firft taking out a licence from his Majefty's commiffioners of excife for fo doing, in manner as was therein directed and appointed, and upon payment of the fum of twenty fhillings yearly for fuch licence, under the penalties in the faid act contained; and no licences were thereby allowed to be granted for retailing, except to fuch perfons only who should keep taverns, victualling-houses, inns, coffeehoufes, or ale-houses; and it was therein alfo enacted, That no perfon fhould be deemed, or taken to be a retailer of fpirituous liquors, who did not retail in lefs quantities than one pint: and whereas by another act of parliament made and passed in the feventeenth year of his Majesty's reign, intituled, An act for granting to his Majesty 17 Geo. 2. the furplus or remainder of the monies arifen, or to arife, by the c. 17. duties on fpirituous liquors, granted by an act of the last feffion of parliament; and for explaining and amending the faid act, in relation to the retailers of fuch liquors; and for establishing an agreement with the united company of merchants of England trading to the Eaft Indies; it was, amongst other things, enacted, That from and after the twenty fourth day of June, one thousand feven hundred and forty four, every person who should retail any fpirituous liquors, mixed or unmixed with any ingredients, in lefs quantity than two gallons (except fuch persons only as by the faid act of the fixteenth C. Distillers fixteenth year of his present Majefty, were authorized and impowered to take out licences for that purpose) should be deemed a retailer of Spirituous liquors within the meaning of the fame, and as fuch, ferfeit and lose the fum of ten pounds for every fuch offence: and whereas the reftrictions and penalties in the faid acts contained, have been found to be inconvenient, fo far as relates to boneft reputable diffillers, and the alteration thereof, in that particular, will also tend to the benefit of his Majesty's revenue: we your Majefty's most dutiful and loyal fubjects, the commons of Great Britain in parliament alfembled, do give and grant unto your Majesty the rates and duties on certain perfons to be hereby authorized to retail fpirituous liquors herein after mentioned; and do moft humbly befeech your Majefty, that it may be enacted; and be it therefore 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 from and after the twenty fourth day of June, in the year of our Lord one thousand seven hundred and forty feven, it fhall and may be lawful to and for the feveral diftillers within the cities of London and Westminster, borough of Southwark, or weekly bills of mortality, to take out licences from his Majesty's commiffioners of excife, for retailing brandy, rum, arrack, ufquebaugh, geneva, Aqua vita, or any other fpirituous liquors or strong waters; and the faid commiffioners of upon payment excife are hereby authorized, impowered, and required to grant of 51. yearly. fuch licences to every diftiller and diftillers, within the limits aforefaid, who fhall apply for the fame, upon payment of five pounds for every fuch licence, to be raifed, levied, collected, and paid to his Majefty, his heirs and fucceffors; and the fame to be renewed yearly, upon payment of the like fum of five pounds, and to the fame ufes, intents, and purposes, and fuch licences to be taken out in the fame manner, and fubject to the like penalties for retailing without licence, as are directed, appointed, and enacted by the above-mentioned act of the fixteenth year of his present Majefty. within the bills of mor tality may take out licences, This duty repealed by 24 Geo. 2. c. 40. Distillers in have but one for licences. II. Provided always, That no more than one licence shall be partnership to granted to any diftiller or diftillers in partnership, whereby to licence. authorize him, her, or them to retail any fpirituous liquors, or ftrong waters, within the intent and meaning of this act; and Qualification that no fuch diftiller or diftillers fhall be allowed to take out a licence by the authority of the fame, unless he, the, or they, inhabiting within the city of London, are refpectively rated, and do pay church and poors rates for the value of twenty pounds per annum, and inhabiting in any other parts within the weekly bills of mortality, for the value of ten pounds per annum, in the parish or place where he, she, or they fhall exercise the trade of diftilling; and if any licences fhall be granted otherwise, or to any other persons than as aforefaid, the fame are hereby declared void to all intents and purposes. Penalty on ditiers re III. And be it further enacted by the authority aforefaid, That no distiller or distillers fhall, by virtue of any fuch licence, re |