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The bank to thority aforesaid, That the faid governor and company of the continue a... bank of England, and their successors, (notwithstanding the recompany till
of demption of all or any their own funds, in pursuance of the the annuities. acts for establishing the same, or any of them) shall continue a
corporation, with all the powers, privileges, and advantages thereunto belonging, for the purposes in this act expressed, till all the annuities to be purchased on this act shall be redeemed by parliament, according to the proviso herein after contained in that behalf; and the laid governor and company, or any mem. bers thereof, shall not incur any disability for or by reason of
their doing any matter or thing in pursuance of this act. No fee for XLVI. And it is hereby enacted by the authority aforesaid, payment of That no fee or gratuity whatsoever, shall be demanded or taken contribution of any of his Majesty's subjects, for receiving or paying the money.
said contribution-monies, or any of them, or for any iallies or receipts concerning the same, or for issuing the monies for pay
ing the said several annuities, or any of them; and that no fee Transfers to or gratuity shall be demanded or taken for any transfer, of any
sum great or small, to be made in pursuance of this act ; upon pain that any officer or person offending, by taking or demand
ing any fee or gratuity contrary to this act, shall forfeit the sum Penalty.
of twenty pounds to the party grieved, to be recovered with full costs of suit, in any of his Majesty's courts of record at
Westminster; Treasury to XLVII. Provided always, and be it enacted by the authority pay the aforesaid, That the commissioners of the treasury, or any three charges of
ie or more of them now being, or the high treasurer, or any three act, out of or more of the commissioners of the treasury for the time being, the duties shall have power, and they are hereby authorized out of the
said several rates and duties by this act granted and appropriated as aforesaid, to discharge all such incident charges, as shall necessarily attend the execution of this act, in such manner, as to them shall seem just and reasonable; and also to settle and appoint fuch allowances, out of the contributions aforesaid, as they shall think juft and reasonable, for the service, pains, and labour of
the receiver or receivers of the contributions to the said lottery, and appoint for receiving and accounting for the fame; and also such fursalaries for ther allowances, out of the said several rates and duties by this the cashiers and other of.
Of. act appropriated, as they shall think joft and reasonable, for the ficers.
service, pains, and labour of the cashier or cashiers of the governor and company of the bank of England, for receiving, paying, and accounting for the several and respective annuities, payable in respect thereof; and also for the service, pains, and labour 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 to the service, pains, and labour of any officer or officers of the said governor and company, shall be for the use and benefit of the said governor and company, and at their disposal only; any thing herein contained to the contrary notwithstanding
XLVIII. And it is hereby enacted by the authority aforesaid, Deficiencies, That if at any time or times the produce of the said several rates &c. to be and duties shall happen to be so low or deficient as that the mo- mad nies arising therefrom into the exchequer, shall not be sufficient to pay and discharge the several and respective annuities, and other charges directed to be paid thereout, at the end of any or 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 and may be supplied out of the overplus monies, that shall or may happen to arise and be paid into the exchequer in any of the subsequent half years, as the faid respective annuities thall, from time to time, become due and payable ; and in cafe fuch 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 fo from time to time happening, shall, from time to time, be answered and made good by and 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 surplusses, excesses, or overplus monies, commonly called The sinking fund (except such monies of the same sinking fund as are appropriated to any particular use or uses by any former act or acts of parliament in that behalf) and such monies of the said finking fund shall and may be from time to time issued, and applied accordingly; and if at any time or times before any monies of the said several rates and duties hereby granted shall be brought into the exchequer as aforesaid, there shall happen to be a want of money for paying the several annuities aforesaid, which shall be actually incurred and grown due at any of the said half-yearly days of payment before mentioned, that then, and in every such case, the money fo wanted shall and may be supplied out of the monies of the said sinking fund (except as before excepted) and be issued accordingly.
XLIX. Provided always, and be it enacted by the authority Sinking fund aforesaid, That whatsoever monies shall be so issued out of the to be replaced. faid sinking fund, shall from time to time be replaced by and out of the first supplies, to be then after granted in parliament.
L. Provided always, and be it further enacted by the autho- Surplus mority aforesaid, That in case the monies arisen, or to arise into nies how to be the receipt of his Majesty's exchequer, of or for the rates and applied. duties by this act granted, shall be more than fufficient to answer and pay the several annuities by this act charged thereupon, it hall and may be lawful to and for the said commissioners of the treasury, or any three or more of them now being, or the faid high treasurer, or any three or more of the commissioners of the treasury for the time being, and they are hereby respectively authorized and required, from time to time, to issue and
it hald pay the granted, exchequer, s ariser
pay, out of the surplus money of the said rates and duties by this act granted as aforesaid, so much money as shall, from time to time, be wanting to make good any deficiency that shall or may happen in the produce of the rates and duties upon houses, windows, or lights, granted to his Majesty, his heirs and successors, by one other act of this present fefsion of parliament; any thing herein contained to the contrary in any wise notwith
standing. Clause of re
: LI. Provided also, and be it further enacted by the authority demption.
1. aforesaid, That at any time upon one year's notice to be printed
in the London Gazette, and affixed upon the Royal Exchange in
London, by authority of parliament, at any of the half yearly - feast days, for payment of the said respective annuities, and upon
repayment by parliament, of the respective principal iums, for which the said respective annuities, shall be payable to such respective persons or corporations, as shall be intitled 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, mall not be issued or apo plied to any use or purpose, but as shall be directed by future act or acts of parliament; and that any vote or resolution of the house of commons signified by the speaker in writing, to be inserted in the London Gazette, and affixed on the Royal Exchange in London as aforesaid, shall be deemed and adjudged to be sufficient notice, within the words and meaning of this act.
LII. And it is hereby enacted by the authority aforesaid, That if any person or persons shall be molested or prosecuted for any thing done by virtue or in pursuance of this adt, or any
the clauses therein contained, such person or persons Thall and General issue. may plead the general issue, and give this act, and the special
matter in evidence for his, her, or their defence; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs Mall discontinue his or their action, or be nonfuited, or judgement shall be given against him or them, upon demurrer, or otherwise, then such defendant or defendants shall have treble costs to them awarded against such plaintiff or plaintiffs.
• CAP. XI. An act for punishing mutiny and desertion; and for the better payment
of the army and their quarters. Exp.
CAP. XII. · An act for repairing the high road leading from the city of Durham, in the county of Durham, to Tyne Bridge in the said county.
Certain tolls granted for 21 years.
Durbam, in the county of Durham.
CAP. XIV. An aet for opening, cleansing, repairing, and improving the
baven of Southwould in the county of Suffolk. W H EREAS there hath been, for time out of mind, a fea
port or harbour for shipping at Southwould in the county of Suffolk, which is situated very conveniently, not only for the safeguard and preservation of ships and vessels navigating in the British jeas, but also for the importation and exportation of many useful wares and commodities, and for the benefit of trade and commerce in general: and whereas the road or haven, lying before and without the said port or harbour, is fo choked up or obstructed with sand, as to prevent any loaded pips or vessels. (except such as are of very small tonnage or burthen) from passing into or out of the said harbour : to the end therefore that the said haven, port, or harbour may be opened, cleansed, repaired, and improved, so as to render the same fafe and commodious for shipping, and of publick benefit and utility to the trade and commerce of this kingdom; be it enacted, &c.
From 23 March, 1747, for 21 years, &c. there shall be paid, for every English vessel which thall fail into the harbour, and neither load nor unload there, id. 24. per ton, according to their light bills. For every chaldron of coals, culm, and cinders, landed from any Englilh ship in the said port, I s. For every last of wheat, rye, barley, malt, oats, and other grain, exported or imported, 19. For every ton of rock falt, is. For every hogshead of wine, brandy, or other spirituous liquor, Is. For every ton of chalk, other than for improving land, id. For every firkin of butter and weigh of cheese, id. For every ton of grocery wares, and other goods (fith, butter and cheese excepted) is: 6 d. For every ton of lead, is. For every foreign fhip which shall fail into the harbour, and not load nor unload there, and for all goods exported or imported, out of any foreign thip in the port, double duties. Duties may be levied by distress and lale. No ship to be cleared at the custom houie, 'till a certificate is produced of the payment. Monies to be applied towards cleaning and improving the harbour. Trustees to state their accounts yearly, Bailiffs, &c. of Southwould to be present at the making up the accounts. Trustees may.contract for cleansing, &c. the harbour; and may borrow money on the duties. New trustees may be chose in the room of those who are dead, &c. No person to throw rubbish into the harbour, under penalty of 40 s.
CAP. XV. An act for repairing, improving, and maintaining the publick conduits, and other water-works, belonging to the town of Southampton.
CAP. XVI. An a&t for enlarging the term and powers granted by several acts of par.
liament passed for repairing the highways between Wymondham and A.tleborough, and from Wymondham to Hetherset, and from the mouth of Wigmore Lane, to Hall Walk Gate in Attleborough, in the county of Norfolk; and for amending the other roads adjoining to the highways directed to be repaired by the said former acts, and making the said acts more effectual."
Former afts 7 Will. 3. 6. 26. &c. continued for 21 years.
ment for laying a duty of two pennies Scats upan every pint of ale and
river Wear, and port and haven of Sunderland, in the
county of Durham. 3 Geo. 1. pri- W H EREAS the town of Sunderland near the fea, fituala vate.
W on the river Wear, in the county of Durham, is well inhabited by rich and able merchants and tradesmen, and may be of great importance, as well for his Majesty's service and revenue, as for the publick benefit of the kingdom, having a port or boven capable of containing many hundred sail of hips at one time, and from whence may be loaded and fent great mimbers of ships with coals, falt, glass, and other merehandizes, to divers places within this realm, and also to foreign parts; and divers kinds and sorts of merchandizes may be 'imported in the said port or haven, whereby not only a great revenue will yearly arise to bis Majesty, but there will be also a confiant uurfery and supply of able feamen to serve on board the royal navy, and great numbers of poor people may be constantly employed in and about work and trade of the faid river and port; and whereas by on all passed in the third year of the reign of his late majesty King George the First, intituled, An act for the preservation and improvement of the river Wear, and port and haven of Sunderland, in the county of Durham, certain persons in the said at named, were named, constituted, and appointed commissioners of the said river, port, and haven, within the limits, with the powers, and for the purposes therein mentioned, for and during the term of twenty one years; and for the effettual cleansing and preserving the faid river, port, and haven, certain duties were by the said act granted and made payable from and after the twenty fourth day of June, which was in the year of our Lord one thousand seven hundred and seventeen, and to have continuance for the space of twenty one years then next follow
ing : and whereas another act pafed in the thirteenth year of the 13 Geo. 1. reign of his late majesty King George the First, For the more efprivate. fectual preservation and improvement of the river Wear, and
port and haven of Sunderland, in the county of Durham, whereby divers additional powers were granted to the said commissioners : and whereas the said commisioners, in pursuance and in execution of the powers by the said acts given to them, did, before the expiration of the said term thereby limited (which was on the twenty fourth day of June, in the year of our Lord one thousand seven hundred and thirty eight) at a very great charge, ere&t a pier and a key at or near the mouth of the said river, on the south side thereof, and did divers other aets, for the opening, cleansing, scouring, and improving