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fum great or small, to be made in pursuance of this act; upon - pain that any officer or person offending, by taking or demandk ing any fee or gratuity contrary to this act, shall forfeit the sum di of twenty pounds to the party grieved ; to be recovered with full Penalty.

e costs of suit, in any of his Majesty's courts of record at Westt minster. na LVII. Provided always, and be it enacted by the autho- Salaries for

1 rity aforesaid, That the commiffioners of the treasury, or any cashiers, 8c,
er three or more of them now being, or the high treasurer, or any
I three or more of the cotnmifsioners of the treasury for the time

being, shall have power, and they are hereby authorized to settle
and appoint such allowances (out of the contributions to the an-
nuities granted by this act) as they shall think just and reason,
able, for the service, pains, and labour of the cashier or cashiers
of the governor and company of the bank of England, for re-
ceiving and accounting for the said contributions; and also such
further allowances (out of the said several rates and duties by
this act appropriated) as they shall think just and reasonable, for

receiving, paying, and accounting for the several and respective · annuities payable in respect thereof; and also for the service,

pains, and trouble of the accomptant general of the said governor
and company for performing the duty and trust incumbent on
him by this act: all which allowances hereby impowered to be
made as aforesaid, in respect of the service, pains, and labour
of any officer or officers of the said governor and company,
Thall be for the use and benefit of the said governor and company,
and at their disposal only; any thing herein contained to the con
tray notwithstanding. :

LVIII. And whereas the faid duties upon houses granted by the
first herein recited act of the seventh and eighth years of the reign of
bis late majesty King William the Third, are (together with fundry
other duties and revenues, commonly called The general or aggregate
fund) charged with, and liable to pay several annuities and other
payments, to several corporations and other persons intitled thereunto;
and it may so happen, that by repealing the said rates and duties upon
houses, the funds charged with the payments aforesaid may prove de-
ficient : and whereas by a medium of five years, computed from the
twenty ninth day of September, one thousand feven hundred and
forty one, the sum of ninety one thousand four hundred eighty five
pounds, and fix pence three farthings, is taken to have been the an-
nual produce of the said rates and duties upon houses to the faid fund,
towards answering the several payments aforesaid: to the end there-
fore that no person or persons, bodies politick or corporate what-
soever, who are intitled to any part, share, or interest in the
monics arising by the said rates and duties upon houses, may be
losers, or receive any prejudice by the repealing thereof as afore-
faid; be it enacted by the authority aforesaid, That from and 91,4851. 6 d.
after the said twenty fifth day of March, one thousand seven three far.
hundred and forty seven, there shall be reserved and set apart at things to
the exchequer, and applied to the said General or Aggregate fund annuities on
in the first place, out of the monies to arise into the faid receipt, the aggregate

of fund.

of or for the rates and duties by this act granted, the yearly fum of ninety one thousand four hundred eighty five pounds, and fix pence three farthings, being the aforesaid medium of what hath been annually produced to the said General or Aggregate fund, by the said rates and duties upon houses, by, this act repealed as aforesaid, towards payment of the several annuities, and other payments charged on the said fund; any thing herein contain

ed to the contrary thereof in any wise notwithstanding. The surplus LIX. And be it further enacted by the authority aforesaid, monies how That after reserving, or setting apart the said yearly sum of ninety to be applied. one thousand four hundred eighty five pounds, and fix pence

three farthings, herein before directed to be applied to the said General or Aggregate fund, out of the said rates and duties by this act granted as aforesaid, all the rest and residue of the monies arising into the exchequer of or for the said rates and duties, shall, from time to time, be issued and applied to satisfy and pay the several and respective, annuities, and other charges by this act charged upon and made payable out of the same, at such times, and in such manner, as is herein before directed in that behalf, until redemption thereof by parliament as aforesaid. · LX. And whereas a certain annuity, or yearly sum of seventy four thousand three hundred thirty four pounds, and eleven pence, is now charged upon, and payable to the South Sea company, out of the rates and duties upon coals, culm, and cinders, and the faid additional rates and duties upon houses, granted by the before recited act of the eighth year of the reign of her faid late majesty Queen Anne: and whereas it may so happen, that by the repealing the said additional rates and duties upon houses, the monies arising by the said duties upon coals, culm, and cinders only, may not be sufficient to answer and pay the said annuity, or yearly sum of seventy four thousand three "hundred thirty four pounds, and eleven pence, to the faid company ; and it being just and reasonable, that provision should be made by this

all, for making good any such deficiency that may happen therein, be Deficiencies of it therefore enacted and declared by the authority aforesaid, That the fund for if the monies arising into the receipt of his Majesty's exchequer, 'payment of the annuity of O.O

of of or for the said duties upon coals, culm, and cinders, as afore19.9941. úd. said, shall at any time or times, from and after the said twenty to the south fifth day of March, one thousand seven hundred and forty seven, Sea company, be so low or deficient, as not to answer and pay to the said South

Sea company the said annuity or yearly sum of seventy four thousand three hundred thirty four pounds, and eleven pence, charged thereupon as aforesaid ; in all and every such case and cases, it shall and may be lawful to and for the said commission, ers of his Majesty's treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commillioners of the treasury for the time being, and they are here.

by respectively authorized and required to cause such deficiencies, to be made aš thail, from time to time, happen in the produce of the said good out of these duties.

rates and duties upon coals, culm, and cinders, to be made good out of any monies arisen or to arise into the said receipt of excheguer, of or for the rates and duties by this act granted (ex,

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cept such monies as are or shall be reserved and set apart for the use and purpose herein before mentioned.) · LXI. Provided always, That whatever monies shall be issued The monies out of the said rates and duties by this act granted, for making to be replaced. good any such deficiencies as aforesaid, the same shall be replaced by and out of the first supplies to be granted in parliament, next after such deficiency shall have been made good; any thing herein before contained to the contrary in any wise notwithstanding.

LXII. And it is hereby enacted by the authority aforesaid, Deficiencies of That if at any time or times, the produce of the said rates and their duti

&c. how to be duties by this act granted, as aforesaid, shall happen to be so made mood. low or deficient, as that the monies arising thereby into the exchequer, shall not be sufficient to pay and discharge the several and respective annuities, and other charges by this act directed to be paid thereout, at the end of either of the respective half yearly days of payment, at which the same are hereby directed to be paid, then, and so often, and in every such case, such deficiency or deficiencies shall or may be supplied out of the overplus monies that shall or may happen to arise, and be paid into the exchequer in any subsequent half. years, as the said several and respective annuities thall, from time to time, become due and payable; and in case such overplus monies shall not be sufficient to satisfy the deficiencies hereby intended from time to time to be paid thereout, that then, and in every such case the deficiencies To from time to time happening, shall from time to time be answered, and made good out of the first supplies which shall be granted in parliament next after such deficiencies shall appear; and in case no such supplies shall be granted within fix months next after such deficiencies shall happen, then the same shall be made good out of any the monies which at any time or times shall be or remain in the receipt of the exchequer, of the furplusses, excesses, or overplus monies commonly called The finking fund (except such nonies of the said sinking fund as are appropriated to any particular use or uses by any former act or acts of parliament in that behalt) and such monies of the said finking fund shall, and may be, froin time to time, issued and applied accordingly.

LXIII. Provided always, and be it enacted by the authority a- Sinking fund forefaid, That whatever monies Mall be so issued out of the said to be replaced. sinking fund, shall from time to time be replaced by and out of the first supplies, to be then after granted in parliament. .

LXIV. Provided always, and be it enacted by the authority a- Surplus how forelaid, That in case there shall be any surplus or remainder of to be applied. the monies, arising by the said rates and duties, after the said several and respective annuities, and other payments or charges by this act directed to be paid thereout, and all arrears thereof are satisfied, or money sufficient shall be reserved for that purpose, such surplus or remainder shall, from time to time, be reserved for the disposition of parliament, and thall not be issued but by authority of parliament, and as hall be directed by any fu

ture

ture act or acts of parliament; any thing in any former or other

act or acts of parliament to the contrary notwithftanding. Clause of re. LXV. Provided also, and it is hereby enacted by the authodemption. rity aforesaid, That at any time upon one year's notice, to be

printed in the London Gazette, and affixed upon the Royal Exchange of London, by authority of parliament, at any of the halfyearly feast days, for payment of the said several and respective annuities, and upon repayment by parliament of the principal sum of four millions, and also upon payment of the said additional capital of four hundred thousand pounds, amounting together to the principal fum of four millions four hundred thousand pounds, for which the said respective annuities are payable to such refpective persons or corporations as shall be entitled to the same annuities, and also upon full payment of all arrearages of the fame annuities; then, and not till then, the said respective annuities shall cease and determine, and be understood to be redeemed; and from and after such redemption, the monies arising from the said several rates and duties by this act granted, as aforesaid, shall not be issued or applied to any use or purpose, but as shall he directed by any future act or acts of parliament; any thing in this, or any former act or acts of parliament to the contrary notwithstanding; and that any vote or resolution of the house of commons, lignified by the speaker in writing, to be inserted in the London Gazette, and affixed on the Royal Exchange of London, as aforesaid, shall be deemed and adjudged to be suffi. cient notice within the words and meaning of this act.

LXVI. And be it further enacted by the authority aforesaid, That if any person or persons shall, at any time or times, be sued or prosecuted for any thing by him or them done or executed in pursuance of this act, or of any matter or thing in this act

contained ; such person or persons shall and may plead the geGeneral issue. noral inse and give the

neral issue, and give the special matter in evidence for his or their defence; and if upon the trial a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall be.

come nonfuited, then such defendant or defendants Thall have Treble costs. treble costs to him or them awarded against such plaintiff or plaintiffs.

CAP. IV.
An act to continue, explain, and amend an act made in the last feffion of

parliament, intituled, An a&t to enable bis Majefly to make rules, orders,
and regulations, more effectually to prevent the spreading of the distemper
which now rages amongst the borned cattle in this kingdom.

Amendment of 19 Geo. 2. c. 5.

CAP. V.
An act for continuing the duties upon malt, mum, cyder, and perry, in

that part of Great Britain called England; and for granting to bis Ma.
jetty certain duties upon malt, mum, cyder, and perry in that part of
Great Britain called Scotland; and for applying a certain sum of money
therein mentioned, towards the supply for the service of the year one
thousand leven hundred and forty leven.

CAP.

CAP, VI. An act to continue and make more effectual two acts of parliament; one

passed in the twelfth year of the reign of her late majesty Queen Anne, and the other in the first year of the reign of his present Majesty, for repairing the highways between the Bear Inn in Reading and Puntfield in the county of Berks; and for amending other roads in the last act inentioned. The acts 12 Ann. and 1 Geo. 2. 6. 7. continued for 21 years.

CAP. VII. An a&t for enlarging the term and powers granted by an act passed in the twelfth year of the reign of his late majesty King George the First, intituled, An att for repairing the roads leading from the western part of the parisb of Shenfield, to Harwich in the county of Ellex, anë the road leading from Cbelmsford in the said county, to Sudbury in the county of Suffolk, and from Margretting to Malden in the county of Efex, and from Colchester to Langbam in the same county; and for repairing other roads adjoining to the same roads. The ait 12 Geo. 1.6. 23. continued for 21 years.

CAP. VIII. An act for enlarging the term and powers granted by an act passed in the

thirteenth year of the reign of his late majesty King George the First, for repairing, widening, and amending the road leading from Warrington to Wigan in the county of Lancaster; and also for amending and repairing the road leading from a place called Earl's Kill, in Warring. ton aforesaid, to the toll-bars in Wallgate, in Wigan aforesaid. The a&t 13 Geo. 1. C. 10. continued for 21 years,

CAP. IX. An act for repairing the high road leading from the north end of the Cow

Cawley, near the town of Newcastle upon Tyne, to the town of Belford, and from thence to Buckton Burn, in the county of Northumberland. Certain tolls granted for 21 years,

CAP. X. An aet for granting to his Majesty several rates and duties upon coaches, and other carriages therein mentioned ; and for raising the sum of one million, by way of lottery, to be charged upon the said rates and duties.

Moj gracious Sovereign, W E your Majesty's most dutiful and loyal subjects, the com.

V mons of Great Britain, in parliament aflembled, being defurous to raise the necessary supplies, which we have granted to yoor Majesty in this session of parliament, in the most safe, easy, and expeditious manner we are able, have voluntarily resolved to give and grant unto your Majesty the several and refpective new rates and duties herein after expressed; and to that end and purpose do most humbly beseech your Majesty that it may be enacted ;'and be it enacted by the King's moft excellent majesty, by and with the advice and consent of the lords spiritual and teinporal, and commons, in this present parliament affem

bled,

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