Sheriff's fines abolished.

verdict, or on the degree of punishment, or extent of the pains of law for the crime libelled, or upon any matters that fhall be alledged for the pannel before judgment.

XLIII. And be it further enacted by the authority aforesaid, That from and after the faid twenty fifth day of March, in the year of our Lord one thousand seven hundred and forty eight, no fines, forfeitures, or penalties, fet, impofed, or recovered in the sheriff's or stewart's court of any county, fhire, or stewartry in Scotland, fhall accrue, go, or belong to the sheriff or stewart or any fheriff depute or ftewart depute, but all shares of fuch fines, forfeitures, and penalties, as heretofore went to the judge, Judges fines fhall accrue and belong to his Majefty, his heirs and fucceffors, to be paid into and fhall be accounted for, and paid into the exchequer of Edinthe exchequer burgh, in like manner, and the like procefs, rules, orders, and methods of proceeding, fhall be iffued, obferved, and used for levying the fame, and compelling the accounting for, bringing in, and paying the fame into the faid exchequer, as are now competent by law for the accounting for, levying, bringing in, and paying into the faid exchequer any fines, forfeitures, Sentence mo- and penalties accruing or becoming due to his Majefty; and ney abolished. that from and after the faid twenty fifth day of March, no fees, poundage, or profits, commonly called fentence money, fhall be received, taken, or demanded by any sheriff or ftewart, fheriff depute or stewart depute, or any of their minifters, officers, or clerks, but all such fees, poundage, or profits, commonly called fentence-money, are hereby utterly taken away, discharged, and abolished; any law, cuftom, gift, grant, ufage, or practice to the contrary in any wife notwithstanding.

Rules to be observed in levying, &c.

Agents &c. to take the oaths.

XLIV. And be it further enacted by the authority aforesaid, That from and after the twenty ninth day of September, one thousand seven hundred and forty feven, it fhall not be lawful for any person whatsoever in Scotland to act as a writer, agent, or folicitor, or to manage, agent, or folicit any cause or business in the court of feffion, court of jufticiary (whether at Edinburgh, or in the circuit courts) or in the court of Exchequer, until fuch perfon fhall have first taken and subscribed the oaths in the court of feffion or jufticiary, or in one of the sheriffs or stewarts courts, appointed by law to be taken by perfons in offices, civil or military, in Scotland, and caufed a certificate of his having so done to be entered or registered in a book to be kept for that purpose in the respective courts, where any fuch perfon fhall fo officiate, and it shall not be lawful for any perfon whatsoever to act or officiate as a procurator, writer, agent, or folicitor, or to plead manage, agent, or folicit any cause or business in the court of any fheriff or ftewart in Scotland, or any other inferior court, until fuch perfon fhall have first taken and subscribed the faid oaths as aforefaid, and caufed a certificate thereof to be registered in fuch court or courts where he fhall officiate as aforefaid; any law, custom, or ufage to the contrary notwithstanding; and every fuch court shall be obliged, upon demand of fuch perfons, to adminifter and regifter fuch oaths respectively; and every per

without hav

fon who fhall, after the faid twenty ninth day of September, one thousand feven hundred and forty feven, act in manner abovementioned in any of the courts aforefaid, without having firft Agents acting taken and fubfcribed the faid oaths, and caufed a certificate ing taken the thereof to be registered as herein directed, fhall, for every fuch oaths. &c. offence, being thereof lawfully convicted in any of the courts aforefaid, where the offence thall have been committed, or before the court of feffion, or jufticiary, upon a fummary trial, forfeit the fum of twenty pounds fterling; one moiety thereof to his Majefty, his heirs and fucceffors, and the other moiety to the ufe of fuch perfon who fhall give information of the faid offence; and fhall fuffer imprisonment for the space of fix months, ted. unless or until the fame be paid.

CAP. XLIV.

An all to extend the provifions of an act made in the thirteenth year of his prefent Majesty's reign, intituled, An act for naturalizing fuch foreign proteftants, and others therein mentioned, as are fettled, or fhall settle in any of his Majefty's colonies in America, to other foreign proteftants who confcientiously fcruple the taking of an oath.

WH

to forfeit zol.

or be commit

Geo. 2.

WHEREAS by an act made in the thirteenth year of his pre- 13 fent Majefty's reign, intituled, An act for naturalizing c. 7. fuch foreign proteftants, and others therein mentioned, as are fettled, or fhall fettle in any of his Majefty's colonies in America; it was enacted, That from and after the first day of June, in the year of our Lord one thousand feven hundred and forty, all perfons born out of the ligeance of his Majefly, his heirs or fucceffors, who had inhabited and refided, or should inhabit and refide for the Space of feven years, or more, in any of his Majesty's colonies in America, and fhould not have been abfent out of fome of the faid colonies for a longer space than two months, at any one time during the faid feven years, and fhould take and subscribe the oaths, and make, repeat, and fubfcribe the declaration appointed by an act made in the first year 1 Geo. 1. c. 13. of the reign of his late majefly King George the First, intituled, An act for the further fecurity of his Majefty's perfon and government, and the fucceffion of the crown in the heirs of the late princess Sophia, being protestants, and for extinguifhing the hopes of the pretended prince of Wales, his open and fecret abettors; or being of the people called Quakers, should make and fubfcribe the declaration of fidelity, and take and affirm the effect of the abjuration oath, appointed and prefcribed by an act made in the eighth year of 8 Geo. 1. c. 6. the reign of his faid late Majefty, intituled, An act for granting the people called Quakers, fuch forms of affirmation or declaration, as may remove the difficulties which many of them lie under; and also make and fubfcribe the profeffion of his christian belief, appointed and prescribed by an att made in the first year of the W. & M. reign of their late majefties King William and Queen Mary, inti- ft. 1. c. 18. tuled, An act for exempting their Majesties proteftant fubjects from the penalties of certain laws, before the chief judge, or other

judge

judge of the colony wherein fuch perfons refpectively had fo inhabited and refided, or fhould fo inhabit and refide, fhould be deemed adjudged, and taken to be his Majefty's natural-born fubjects of this kingdom, to all intents, conftructions, and purposes, as if they, and every one of them, had been or were born within this kingdom: and whereas many of the people of the congregation called the Moravian brethren, and other foreign proteflants, not Quakers, who confcientiously fcruple the taking of an oath, are fettled in his Majesty's colonies in America, and demean themselves there as a fober, quiet, and induftrious people, and many others of the like perfuafion are defirous to tranfport themfelves thither; and if the benefit of the faid act, made in the thirteenth year of his prefent Majefty's reign, were extended to them, they who are now there would thereby be encouraged to continue their refidence in his Majesty's colonies, and others would refort thither in greater numbers, whereby the faid colonies would be improved, their ftrength increafed, and their trade extended; be it therefore 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 Foreign pro- of the fame, That from and after the twenty fifth day of Diteftants refi- cember, one thousand feven hundred and forty feven, all foreign rica 7 years, proteftants, who confcientiously fcruple the taking of an oath, who fcruple an and who are born out of the ligeance of his Majelty, his heirs oath, upon or fucceffors, who have inhabited and refided, or shall inhabit making and and refide, for the fpace of feven years or more, in any of his fubfcribingthe affirmation of Majefty's colonies in America, and fhall not have been abfent fidelity and out of fome of the faid colonies for a longer space than two declaration; months at any one time during the faid feven years, and shall

dents in Ame

make and fubfcribe the declaration of fidelity, and take and affirm the effect of the abjuration oath, appointed and prescribed by the faid recited act, made in the eighth year of the reign of his late majefty King George the First, and alfo make and fubfcribe the profeffion of his chriftian belief, appointed and prefcribed by the faid recited act, made in the first year of the reign of their late majefties King William and Queen Mary, before the chief judge or other judge of the colony wherein fuch perfons refpectively have fo inhabited and refided, or fhall fo inhabit and refide, fhall be deemed, adjudged, and taken to be his Majesty's natural-born fubjects of this kingdom, to all intents, constructions, and purposes, as if they and every of them had been or were born within this kingdom; which faid affirmation and subscription of the faid declaration, the faid chief or other judge of every of the faid refpective colonies, is hereby enabled and impowered to adminifter and take: and the taking of every fuch affirmation, and the making and fubfcribing of every fuch declaration, fhall be in fuch manner and place, and at fuch times and hours, and fuch entries made thereof, and for the fame fees, and under the fame penalties, as in the faid recited act of the thirteenth year of his Majesty's reign Lifts of per- are mentioned; and lifts of the perfons who fhall take the benefons takingthe fit of this act, fhall be tranfmitted to the commiffioners of trade

to be deemed natural born fubjects.

benefit to be

and

and plantations, in like manner, and under the fame penalties, tranfmitted to as lifts of the perfons taking the benefit of the said act are there- the commifby directed to be tranfmitted.

fioners of trade.

ment.

Certificateand

II. Provided always, and be it enacted by the authority aforefaid, That no perfon fhall be naturalized by virtue of this act, Perfons to unless fuch perfors fhall have received the facrament of the Lord's qualify themfupper, in fome proteftant or reformed congregation, within felves by takfome of the faid colonies in America, within three months next ing the facrabefore his taking fuch affirmation, and making and fubfcribing fuch declaration, and fhall at the time of his taking such affirmation and making and fubfcribing fuch declaration, produce a entry thereof certificate, figned by the perfon adminiftering the faid facrament, to be made. and attefted by two credible witneffes, whereof an entry shall be made in the fecretary's office of the colony wherein such person fhall fo inhabit and refide, as alfo in the court where the said affirmation fhall be fq taken as aforefaid, without any fee or reward. III. And be it further enacted by the authority aforefaid, Provifions of That the provifions contained in the faid act, made in the thir- with regard to act 13 Geo. 2. teenth year of his prefent Majefty's reign, with regard to certi- certificates, ficates of refidence, and of having made and fubfcribed the faid &c. extended declaration, and taken the faid affirmation, and as to fuch cer- to fuch foreign tificates being made evidence in the courts of Great Britain and proteftants. Ireland, and alfo in the faid colonies, and all other the benefits of the said act, shall extend to foreign proteftants, who confcientiously fcruple the taking of an oath, and who shall be qualified as aforefaid.

IV. Provided always, That the faid foreign proteftants fhall Privileges of enjoy the privileges of natural born fubjects, and all the benefits natural-born of this act, and the faid act of the thirteenth year of his Majef- fubjects, &c. ty's reign.

V. Provided always, and be it hereby further enacted, That Reftrictions. no person who shall become a natural-born fubject of this kingdom, by virtue of this act, fhall be of the privy council, or a member of either houfe of parliament, or capable of taking, having, or enjoying any office or place of truft within the kingdoms of Great Britain or Ireland, either civil or military, or of having, accepting, or taking any grant from the crown to himfelf, or to any other in truft for him, of any lands, tenements, or hereditaments, within the kingdoms of Great Britain or Ireland, any thing herein before contained to the contrary thereof in any wife notwithstanding.

2.

VI. Provided alfo, and it is hereby further enacted by the Perfons exauthority aforefaid, That nothing in this act, or in the faid re- cluded from this or 13 Geo. cited act of the thirteenth year of his Majefty's reign contained, thall extend, or be conftrued to extend to naturalize any perfon or perfons whatsoever who by virtue of an act made in the fourth year of his Majesty's reign (intituled, An act to explain a claufe in 4Geo.a.C.21. an act made in the feventh year of the reign of her late majesty Queen Anne, for naturalizing foreign proteftants, which relates to the children of natural-born fubjects of the crown of England, or of Great Britain) are declared and enacted not to be intitled to the benefit of the faid act of the feventh year of her faid late Majesty's VOL XIX.

L

reign

reign, but that all fuch persons shall be and remain in the fame ftate, plight, and condition, to all intents, conftructions, and purposes whatsoever, as they would have been in, if the said recited act of the thirteenth year of his Majefty's reign, or this act, had never been made; any thing in this act, or in the faid recited act of the thirteenth year of his Majefty's reign contained to the contrary in any wife notwithstanding.

CAP. XLV.

An act to continue feveral laws relating to the manufactures of fail-cloth and filk; to give further time for the payment of duties omitted to be paid for the indentures or contras of clerks and apprentices, and for better fecuring the pay ment of the faid duties; and declaring that prize hips lawfully condemned fhall be deemed British built hips; and for allowing prize goods to be landed and fecured in proper warehouses, without payment of any duty, until it can be determined whether they are fit for exportation or bome confumption.

WHE

7HEREAS the laws herein after mentioned, which have hy experience been found useful and beneficial, are near expiring, may it please your Majesty that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and com mons, in this prefent parliament affembled, and by the au thority of the fame, That an act made in the twelfth year of the reign of her late majesty Queen Anne, intituled, An act for th 12 Annæ,c.16. better encouragement of the making of fail-cloth in Great Britain; which was to continue in force for feven years, and from thence to the end of the then next feffion of parliament; and which 5 Geo. 1. c. 25. was, by an act made in the fifth year of his late Majesty's reign, further continued for the term of feven years, and from thence to the end of the then next feffion of parliament; and which, 10Ge0.1.c.17. by another act made in the tenth year of the reign of his faid late Majefty, was further continued for the term of seven years, and from thence to the end of the then next feffion of parlia ment; and which, by another act made in the eighth year of the Geo. 2. c. 18, reign of his prefent Majefty, was further continued until the twenty fifth day of March, one thousand seven hundred and forty two, and from thence to the end of the then next feffion of parliament; and which, by another act made in the fifteenth year of the reign of his prefent Majefty, was further continued 15Geo.2.c.35 until the first day of June, one thoufand feven hundred and forty feven, and from thence to the end of the then next feffion of Continued to parliament; fhall be, and the fame is hereby further continued from the expiration thereof until the first day of June, one thoug June, 1754. Farther conti- fand feven hundred and fifty four, and from thence to the end mued by 27 Geo. of the then next feffion of parliament.

2. C. 18.

II. And