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GENERAL LIBRARY
UNIVERSITY OF MICHIGAN.

THE

Hagerman Collection

OF BOOKS REUfeTINQ TO

HISTORY AND POLITICAL SCIENCE

BOUGHT WITH MONEY PLACED BY

J.4/AES J. HAGERMAN OF CLASS OF '6!

IN THE HANDS OF

Professor Charles Kendall Adams

IN THE YEAR

1883.

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-^'"•i^Tfsr^i^^*^?^-'--

THE

tatttte0 at Mx^t*

Anno decimo tertio G e o R G 1 1 III. Regis*

Being the S I X T H Sefllon of the
Thirteenth Parliament of Great Britain,

BY

D A N B Y P I C K E R I N g; of Gra sf's Inn, Efq j

Vol. XXX. Part I.

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THE

tatttteg at J^arge,

FROM

• MAGNA CHARTA

To the END of the

ThirteentliParliamentof Great Britain,

Anno 1773.

CONTINUED.

By DANBY PICKERING, of Gray's-Inn, Efq j
Reader of the Law Leflure to that Honourable Society.

■ — ^ ' ■ • — — — -ir- —

VOL- XXK

CAMBRIDGE,

Printed by JOHN ARCHDEACON, Printer to the UNIVERSITY;
for CHARLES BATHURST, at the Crofs-Keys, oppofite St.Dunftan*$

Church in Fleet-Street, London. 1773.

CUM PRIFILEGIO.

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■ A

T A B L E

O F T H E

STATUTES

P U B L I C K and P R I V A T E,

Pafled Annbdeclmo tertio
G E O R GI I III. Regis.

PUBLICK ACTS.

Cap. i.T70R allowing the importation of wheat, wheat- flour^
X^ rye, rye- meal, barley, barley-meal, oats, oat-meal,
peafe, beans, tares, callivancies, and all other forts of pulfe, from
any part of Europe or Jfrica^ into this kingdom, for a limited
time, free of duty.

Cap. 2. For allowing the importation of wheat, wheat-flour,
Indiari corn, Indian meal, bifcuit, peafe, beans, tares, callivan-
cies, and all other forts of pulfe, from his Majefly's colonies ia
America^ into this kingdom, for a limited time^ free of duty.

Cap. 3. To prohibit the exportation of corn, grain, peafe,
beaqs, meal, malt, flour, bread, bifcuit, and (larch ; and alfo the
extra6lion of low wines and fpirits from wheat and wheat-flour,
for a limited time.

Cap, 4. To continue' for a further time, an adl, made in the
eighth year of his prefent Majefty's reign, intituled, Ana5lto con-
tinue and amend an aSl^ tnade in the fifth year of the reign of his prefent
■^^jifty^ intituled^ An ad for importation of falted beef, pork,
bacon, and butter, from Ireland^ for a limited time, and for al-
lowing the importation of falted beef, pork, bacon, and butter,
from the Briti/h dominions in America j for a limited trnie.

Cap. ,5. To continue for a further time, an a6t, made in th«
feventh year of his prefent Majefty's reign; intituled, Jn a£l to
difcontinue^ for a limited time, ths duties pay able upon the importation

Vol. XXX. a of

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rf tallow^ hogs-lard^ and greafe ; and to permit the importation of
falted heef, pork, bacon, hams, and cheefe into this kingdom^
from any part of Europe^ for a limited time, free of duty.

Cap. 6. For continuing and granting to his Majefty, certain
duties upon malt, mum, cyder, and perry, for the fervicc of the
year one thoufand feven hundred and feventy-three.

. Cap. 7, For allowing the free importation of rice into this
kingdom,, from any of his Majefty's eolpnies in America^ for ar*
limited time; and for encouraging the making of ftarch from rice.

Cap. 8. For granting an aid to his Majefty by aland tax, to
be raifed in Great Britaiu^ for the fervjce of the year one thou-
fand feven hundred and feventy- three.

- Cap. 9.^ To retrain the E a/I Mia Company, for a limited time,
from making any appointment of commiilioners for fuper-in-
tending and regulating the company's affairs, at their prefiden-
cies in the Eaji Indies,

Cap. TO. For punilhing mutiny and defertlon; and for the
better payment of the army and tlieir quarters.

Cap. IK For the regulation of his Majefty's marine forces,
while on (bore.

Cap. 12. To indemnify fuch perfons as have omitted to qua-
lify themfelves for offices and employments within the time li-
mited by law, and for giving further time for that purpofe ; and
to give further time to fuch perfons as have omitted to make and
file affidavits of the execution of indentures of clerks to attornies
and iblicitors^

Cap. 13. To enable certain perfons therein named to continue
to work a peftle mill, heretofore employed and ufed in making
battle gunpowder, at Old Forge Farm ^ in the parifh of Tonbridge^
in the county of Kent,

Cap. 14. To encourage the fuhjedls of foreign ftates to lend
money upon the fecuriry of freehold or leafehold eftates, in amy
of his Majefty's colonies in the Tpeft Indies', and to render th«
fecurities granted to fuch aliens eff'edu^l for recovering paymem
of the money fo to be lent, by fale of fuch freehold or leafehold
eftates.

Cap. 15. For pavings cleanfing, and lighting, the High Street^
Ei[ft Strata and (Vejl Street^ in the town and pznih^s of Grav^f-
£rid Siiid' Mi/ton^ in the county of Kenf-^ and for lighting the other
fticers; and for removing all in(^oachments and annoyances
Within the faid town and parifties,^

Cap. 16, For taking dpwn the fhlre hall of the county of Z)/-
von^ and for building a new ftiire hall in a more commodious
nianner.

Cap. ij. Fur making the exemplification of the laft will and
teftament of fnilicim earl q{ Blefinton, in the kingdom oi Ireland
deceafed, evidence as well in Ireland^ as in Great Britain,

Gap. 18. To repeal an adf, palled in the ninth year of the reic^a
df his prefent NLJefty, intituled, Anaii for th$ more effe^iual relief
(ff the poor in ths Uunty t/Deyon \ and for other purpofes thereir^
mentioned.

Cap, 19.

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A T A B L E of the S T A T U T E S.

Cap. ig. To amend and render more effe6tual an 2(51, pafTed
in the twenty-fecond year of the reign of his late majefty King
George the Second, intituled, Jn a^ for draining and Improving
certain fen landt within the manor and painjhes ^/ Up well and Out-
well, and in the pari/hes ^/Denver and Welney, in the Ifle of Ely,
and counties ^/Cambridge and Norfolk, fo far as the fame relates
to the lands lying on the fouth fide of PophanCs Eau.
' Cap. 20. To amend and render more effeflual an a6l, made in
the thirty-third year of the reign of his late majefty King6W^^
the Second, intituled, An a6l fer draining and pre ferving certain
fen lands and low grounds- in the Ifle of Ely, and counties of Suffolk
and Norfolk, between Mildenhall river^ fouth^ Plant Load and
Brandon river ^ norths bounded on the weft by the ri^er Oufe, and
on the eafl by Winter Load, Earfwell brooh^ and the hard lands of
Mildenhall ; and for impozvering the governor^ bailiff)^ and coinmon^
alty, of the company of confervators of the great level of the fens, com--
monly called Bedford Level, to fell certain fen lands lying luithin the
limits af or efaid^ commonly r<?//<?^ Invefted Lands; fo far as the fame
relates to the feveral fen lands and low grounds lying in the firft
diftridl defcribed in the faid ad.

Cap. 21. To extend the provifions of an acft, made in the
fourth year of the reign of his late majefty King G^^r^^ the Se-
cond, irttituled. An a^ to explain a claufe in on a5i^ made in the fe-
venth year of the reign of her late majefy ^ueen Anne^ for natU7'aliz^
ing foreign protefianti^ which relates to the children of^ the natural-born
fubjeSis of the crown ^/England, <?r^ Great Britain, to the children
of fuch children.

Cap. 22. To continue an a6l, made in the fixth year of his
prefent Majefty, intituled. An atl to regulate the hading of pips with
coals., in the ports ^/Newcaftle and Sunderland.

Cap. 23. For defraying the charge of the pay and cloathing of
the militia in that part ol Great Britain called England^ for one
year, beginning the twenty-fifth day o^ March, one thoufand fevea
'hundred and feventy-three.

Cap. 24. For further continuing two a61s, m.ide in the fixth
and ni-nth years of his Majefty's reign, for punilliing mutiny and
defertion, and for the better paymentiof the army and their quar-
ters, in his Majefty's dominions in America*

Cap. 25. To explaia two acls of parliament, one of the thir-
teenth year of the reign of his late Majefty, for naturalizing fucli
foreign proteftants, and others, as are fettled, or (hall fettle, in any
of his Majefty's colonies in America ; and the other of the fecond
year of the reign of his prefent Majefty, for naturalizing fuch
foreign proteftants as have ferved, or (hall ferve, as officers or
foldiers in his Majefty's royal American regiment, or as engineers,
in America,

Cap. 26. For preventing abufes in the fale of (hares of Britijh-
built fliips to foreigners.

Cap. 27. For the more eafy and fpeedy recovery of fmall debts^
within the city and county of the city of Exeter. ^

Cap, 28, For deepening, cleanfmgj and making more com-

a 2 modious

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modlous the harbours of the town of Greenock-, for fupplyirtg the
inhabitants with frefh and wholefome water; and for paving,
cleanfing, lighting, and watching the ftreets, and other pubhck
places, within the faid town.

Cap. 29. For deepening, cleanfing, and making more com-
modious, xhQh^xhom o^ jberdeew, for ereding new piers and
quays therein; and for regulating fhips and vefTels trading intc,
and going out of, the faid'harbour.

^ Cap. 30. For the better regulation and government of the
pilots condu61ing (hips and veflels to and out of the port of
Kifig's Lynn^ and of the bridgemen conduc^ling gangs of lighters
or bargos to and from the fame ; and for laying'down moorings
in the harbour of the faid port, and for preventing mifchiefs by
fire therein.

Cap. 31. For the more effedual execution of the criminal laws
in the two parts of the united kingdom.

Cap. 32. For repealing fo much of an a61:, made in the twen-
ty-third year of his late majefry King George the Second, as re-
lates to the preventing the ikalingor deftroying of turnips; and
for the more effeclually preventing the ftealing or deftroying of
turnips, potatoes, cabbages, parfnips, peafe, and carrots.

Cap. 33. lo extend the provifions of an a6f, made in the
fixth year of his prefent Majefly's reign, (intituled, An a5i for
the better prefervation of timber trees ^ and of woods and underwoods \
and for the further prefervation of roots ^ fhrubs^ and -plants^) to pop-
lar, alder, maple, larch, and hornbeam.

Cap. 34. For paving, lighting, and cleanfing the ftreets, lanes,
and places within the town of Brighthelmflone^ in the county of
Suffer-, for removing nuifances and annoyances, and preventing
the like for the future; for holding and regulating a market
within the faid town; for building and repairing groyns, in or-
der to render the coaft fafe and commodious for Ihips or veflels
to unload and land fea-coal, culm, and other coal, for the ufe of
the inhabitants of the faid town ; and for laying a duty thereon,
and for other purpofes.

Cap. 35. For raifing a further fum of money for the purpofe
of rebuilding the common gaol of the county oi Effex,

Cap. 36. To amend an a6f, paffed in the ninth year of his
prefent Majefty, intituled. An a5l for laying open and widening cer-
tain zuays and poffages within the toivn of Birmingham ; and for
cleanfing and lighting the ftreHs^ lanes ^ ways^ and poffages there \ and
for removing and preventing nuifances and objlrubions therein ; and
for widening certain other ftreets and places; for eftablifhing a
nightly watch; and for regulating carts and carmen employed
in the faid town.

Cap. 37. For making and extending the navigation of the
" river Bure^ (commonly called the North River)^ by and from
Coltifhall to Jyl/ham Bridge^ in the county of Norfolk,

Cap, 38. To incorporate certain perfons therein named, and
their fucceflbrs, with proper powers for the purpofe of eftablifh-
jng one or more glafs manufadories within the kingdom of Great

Britain ^

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Britain ; and for the more efFedually fupporting and conducing
the fame upon an improved plan, in a peculiar manner, calculat-
ed for the carting of jarge plate glafs.

Cap. 39. For draining and preferving certain fen lands and
low grounds, called King's Delph and Eight Roods^ and alfo other
fen lands and low grounds in a certain place Qz\\td Farce tt Feiiy
adjoining thereto, lying near to the hamlet and village oi Fared t
and Standground^ In the county of Huntingdon,

Cap. 40. For amending and rendering more effecflual an adl,
made in the twenty-feventh year of the reign of his late majefty
King George the Second, intituled. An a^ for difcharging the cor-
poration of the governor y bailiffs,, and commonalty,, of the company of
confervators of the great level of the fens,, commonly called Bedford
'Ltvt\,,from a debt due to the duhe <?/ Bedford and earl ^/Lincoln ;
and for enabling the proprietors of lands in the north level,, part of the
f aid great levels to ralfe money to difharge the proportion of the f aid
north level in the debts of the [aid corporation \ and for afcertaifjifig
and appropriating the ta^es to be laid on thefaid north .level-, and for
the more tffe5iual drawing and preferving the fa'id north level, and
divers lands adjoining thereto,, in the manor ^/Crowland ; fo far as
the fame relates to the feveral fen lands lying in the fecond di-
ftrict in the faid a6l defcribed.

^ Cap, 41. For enabling James Cox,, jeweller, to difpofe of his
mufaeum, commonly called Cox's Mufaiim,, by way of chance, in
fuch manner as may be moft for the benefit of himfelf and his
creditors.

Cap. 42. For amending, lighting, and watching, the high-
ways or roads within the town, village, or chapelry, oi Peterfiam,
in the county of Surrey,

Cap, 43. To regulate the importation and exportation of
corn.

Cap. 44. To allow a drawback of the duties of cuftoms on
the exportation of tea to any of his Majefty's colonies or planta-
tions in America ; to increafe the depofit on bohea tea to be fold
at thQ India Company's fales; and to impower the commifTioners
of the treafury to grant licences to the Faff India Compafiy to ex-
port tea duty-free.

Cap. 45. For draining and preferving certain fen lands and
low grounds, lying in the fouth level, part of the great level of
the fens, commonly called Bedford Level, between certain old
rivers or drains, called Stoke River and Brandon River,, and 7^
certain level or dlftrid called Fdtwell New Difhii^^ and the hard
lands of Woodhall in Helgey^ and Helgey,, in the counties of Nor-
folk and Suffolk,

Cap. 46. For the more effecf^ual draining and preferving cer-
tain fen lands and bw grounds in the parish of Taxley^ in the
county of Huntingdon,

Cap. 47. Tq enable the right honourable Sackville earl of
Thanet,, to make a navigable cur or canal from a place called The
Spring,, lying near Skipton Cafile, in the county of York,, to join to
and communicate with the navigable can^i from Leeds to Liver-

^3 ' pQole^

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pook^ m a clofe called Hebble End Clofe^ in the town(hip of
Skipton^ in the faid county of York,

Cap. 48. For amending and rendering more efFec^tual two
acts, made, one in the eighth and the other in the tenth year of
his prefent Majefty's reign, for regulating the nightly watch and
beadles, and for paving, repairing, cleahfing, and lighting, the
parilh of Saint Mary k Bone^ in the county oi li^iddlyeXy and for
other purpofes in the (aid ads mentioned.

Cap. 49, For more etfedually executing an a6^, pafTed in the
twenty-feventh year of King George the Second, for draining and
prefcrving the lands in the North Levels part o^ Bedford Lev eU fo
far as relates to the fourth diftri<51 of the faid North Level,

Cap. 50. For better regulating the poor, and repairing the
highways, within the town and county of the town of South-
ampton,

Cap. 51. To difcDuragc the pradlice of commencing frivolous
and vexatious fuits in his Majefty's courts at IVeJhrnnjhr^ in
caufes of a6lion arifing within the dominion oi TFales\ and for
further regulating the proceedings in the courts of great feffions
in Wales.

Cap. 52. For appointing wardens and aflay-mafl:ers for affay-
ing wrought plate in the towns of Sheffield and Birmingham.

Cap. 53. To enable the inhabitants of the pariih of Saint
JUatihew Bethnal-Green^ in the county of Middle/ex^ to pay debts
already contracted in linifliing and furnifhingtheir workhoufe,
and on account of the poor of the faid parifh]; and for their
further relief.

Cap. 54. For the more effectual prefervation of the game in
that part oi Great Britain called Scotland-, and for repealing and
amending feveral of the laws now^ in being relative thereto.

Cap. 55. To explain and amend the feveral laws now in be-f
ing, fo far as the fame relate to the prefervation of the moor or
hill game.

Cap. 56. For the nnore effedfually reftraining the retailing of
diflilled fpirituous liquors; and for preventing the forging or
counterfeiting any ftampor feal ufed for marking filks, callicoes,
linens, and ftufFs, to be printed, painted, ftained, or dyed, in
Great Britain^

Cap. 57. To explain and amend an a6t, made in the fourth
year of his prefent Majefty, intituled, Jn a5i to prevent paper hilh
^f credit hereafter to he ijfued in any of his Majejlfs colonics or plan-
tations in America from being declared to be a legal tender in pay-
tnents of money ^ and to prevent the legal tender offuch bills as are now
fubfifting from being prolonged beyond th^ periods limited for calling in
and finling the fame»

Cap. 58. For providing clergymen to qfBciate in gaols within
that part of Great Britain called Englatid,

Cap. 59. For repealing fo much of an adl of the thirty-firft
year of his late Majefty, as irifli<5ls capital punifliment for frauds
and abufes in the marking or ftamping of gold or filver plate 5
^nd for infliifiing another pqnKhrnenLfor the faid ofT^pce.

Cap. 60.

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Cap. 60. For draining and preferving certain lands and
grounds in the paridies of Tid Saint Giles and t^ewiofiy in the IJfe
of Ely y in the county of Cambridge -y and in Tid Saint Marys^ in
the county of Lincoln,

Cap. 61. For the better lighting and watching the town of
Kirngflon upon Thames^ in the county of Surrey ^ and for removing
and preventing all obftrudlions, encroachments, and nuifances
therein.

Cap. 62, For better regulating the affize and making of bread.

Gap. 63. For eftabhlhing certain regulations for the better
management of the affairs of the Eajl India Company^ as vvell itl
India z%m Europe,

Cap. 64. For granting to his Majefty a fum of money to b^
raifed by exchequer bills ; and to be advanced and applied in the
manner, and upon the terms, therein mentioned, for the relief
of the united company of merchants of England trading to the
Eajt Indies,

Cap. 65. For explaining two a6its, made in the eleventh year
of the reign of King George the Firft, and the thirtieth year of
the reign of his late Majefty, in relation to the ftamp-duties upon
news-papers.

Cap. 66i For raifing a certain fum of money by loans or ex-
chequer bills, for the fervice of the year one thoufand feven hun-
dred and feventy- three.

Cap. 67. For laying an additional duty on paper printed^
painted, or ftained, in foreign parts, imported into this kingdonf.

Cap. 68. To impower the rnagiftrates therein mentioned to
fettle and regulate the wages of perfons employed in the filk
manufacl:ure within their refpedfive jurifdidtions.

Cap. 69. For further cohtiriuing an a6t, made in the fourth
year of the reign of his preferit Majefty, for importing fait froth
Europe into the proviceof ^ehec in Jmerica^ for a limited time.

Cap. 70. To continue an a6l, made in the thirty-firft year of
the reign of his late majefty King George the Second, intituled,
Jn a^ for the encouragement of the exportation of culm to Lift)on, in
the kingdom of Portugal \ and for charging a higher duty upon
culrri exported thither in foreign fliipping.

Cap. 71, For the better preventing the counterfeiting, clip-
ping, and other diminilhing the gold coin of this kingdom.

Cap. 72. To permit the free importation of cod fi(h, ling, and
hake, caught and cured in Chaleur Bay^ or any other part of th^
gulph of Saint Lawrence^ or on the coaft of Labrador.

Cap. 73. To continue and amend an adt, made in the fixth
year of the reign of his prefent Majefty, intituled, Jn a6l for
opening and efabliJJnng certain ports in the ijlands of Jamaica ahd
Dornihica, for the more fre^ importation and exportation of certain
goods and merchandifes i for granting certain duties to defray the eK*
perices of openings mdntawfng^ fecuringy and improving^ fuch port si
for ajcertaining the duties to be paid upon the importation of goodi
from the faid ijland of Dominica into this kingdom j and for fe^
curing the duties upon goods imported frm the faid ifldttd into any

a 4 9tker

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o^^^r Britilh colony, and for allowing timber and wood to be
exported from the faid irtand o{ Dominica into any other of the
Briti/h iflands, colonies, or plantations in America^ for a limit-
ed time.

Cap. 74. For the better afcertaining the tonage and burthen
of (hips and veffels importing and exporting goods into and from
this kingdom, or hovering upon the coafts thereof; for amend-
ing fo much of an adt, made in the laft feffion of parliament,
for lowering the duty payable upon the importation of oak bark,
as relates to the fuing for the penalties and forfeitures thereby
inflldled in the court of exchequer in Scotland y for appropriating
the duty on oak bark, granted by the faid aa 5 and for obviat-
ing doubts which have arifen with refpedl to the allowing the
drawback upon certain callicoes; and the bounty upon Britijh^
made cordage exported to the iflands of Madeira^ the Canary
iflands, and the Azores or weftern iflands.

Cap. 75. For enabling John, Robert^ James^ and William
Adam^^ to difpofe of feveral houfes and buildings in the pariflies
of Saint Martin in the Fields^ and Saint Mary le Bone, in the
county of Middle/ex, and other their effedls, by way of chance,
in fuch manner as may be mofl: for the benefit of themfelves
and creditors.

Cap. 76. To indemnify juftlces of the peace, deputy lieute-
nants, and officers of the militia, or others, who have omitted
to regifter or deliver in their qualifications within the time limit-
ed by law ; and for giving further time for thofe purpofes.

Cap. 77. For granting to his Majefly a certain fum of money
out of the finking fund; and for applying certain monies there-
in mentioned for the fervice of the year one thoufand feven
hundred and feventy-three; and for further appropriating the
fupplies granted in this feflion of parliament; and for paying to
John Harrifon a further reward for his invention of a time-
i^eeper for afcertaining the longitude at fea, and his difcovery of
the principles upon which the fame was confl:ru6ted.

Cap. 78. To explain, amend, and reduce into one adl of
parliament, the fl:atutes now in being, for the amendment and
prefervation of the publick highways within that part of Great
Britain called England, and for other purpofes.

Cap. 79. For the more effedlual preventing the forging of
the notes or bills of the governor and company of the bank of
England ; and for the preventing the obtaining a falfe credit, by
the imitation of the notes or bills of the faid governor and
company. "

Cap. 80. To repeal an a^l, made in the tenth year of the reign
•of his piefent Majefliy, intituled, An a 5i for the better prefervation
pf the game within that part ^/Great Britain fj&i England ; and
for making other provifions in lieu thereof.

Cap, 81. For the better cultivation, improvement, and regu-
lation, of the common arable fields, wafles, and commons of
pafture, in this kingdom.

Cap. 82. For the better regulation of lying-in hofpitals, and

, % other

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other places, appropriated for the charitable reception of preg-
nant women ; and alfo to provide for the fettlement of baftard
children, born in fuch hofpitals and places.

Cap. 83. For building a bridge acrofs the river of Thames^
from Richmond^ in the county of Surrey^ to the oppofite fliore,
in the county o( Middhfex^ and to enable his Majefty to grant
the inheritance of the ferry at Richmond to certain perfons
therein mentioned.

Cap. 84. To explain, amend, and reduce into one a6l of
parliament, the general laws now in being, for regulating the
turnpike roads in that part of Great Britain called England-^ and
for other purpofes.

Cap. 85. For dividing and inclofmg the open arable fields,
meadows, paflures, and commons, or wafte grounds, in the
tov>m(hip of Gowdall^ in the parifh o^ Snaith^ in the county of
Tork^ and for draining and preferving the fame.

Cap. 86. For improving and completing the navigation of
that branch of the river Trent which runs by the town of
Newark upon Trent^ from a place called The Upper Wear^ in the
parifh of Averham^ in the county of Nottingham^ to a place
called The Crankleys^ in the pari(h of South Mujkham^ in the
faid county.

Cap. 87. For enlarging the term and powers of an adl, made
in the twenty-feventh year of the reign of his late Majefty, for
repairing the road from the toll-gate in the pariih of Kattering^
in the county of Northampton^ to Newport Pagnelly in the coun-
ty oiButks,

Cap. 88. To continue the term and alter the powers of an
a^jt, made in the twenty-fixth year of the reign of his late Ma-
jefty King George the Second, for repairing and widening the
roads leading from a place called Bofingjlone^ near the town of
Bagfiot^ in the pariih of Windlejham^ in the county o{ Surrey y
through Frimley and Farnham^ in the fame county, and from
thence through Bentley^ Hollyborn^ Alton^ Chawton^ Ropley^ Bi--
Jhops Sutton^ New Jlresford^ and Mattifigley^ otherwife Matter^
ley Lane^ to the city of TVincheJier^ in the county o^ Sou champion.

Cap. 8q. To enlarge the powers of two adis, made in the
twenty-fifth year of King George the Second, and fixth year of
King George the Third, for repairing the roads from the north
end of Malling-fireef^ near the town of Lewes^ and other roads,
p the county of iS///7?,v ; and for amending the road from the
B^ oil-park Gate^ to the weft end of the turnpike road leadin'^
from the turnpike road on Hurjl Green^ through thepariflies oi
Etchingham and Burwajh^ and from the faid Broil-park Gate to
the town oi Battell^ in the faid county, fo far as relates to the
road from the Broil-park Gate to the weft end of the turnpike
road leading from the turnpike road on Hurjl Green^ through the
parifhes oi Etchi'ngham and Burwa/I) aforefaid.

Cap. 90. For repairing and widening the road from Newark
uponTrent^ m the eoimty of Nottingham^ to join the turnpike
load from Nottingham to Grantham^ in the county of Lincoln^

near

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ftcar the Guide-pofi on the Fafs road near Bingham^ in the faid
county of Nottingham.

Cap. 91. For enlarging the term and powers of an acl of par-
liament of the twenty-feventh year of the reign of his late Ma-
jeily King George the Second, for repairing and widening the
road from the city of Peterborough^ through Oundle and Thrap-
fion.io JVcUinghorough^ in the county ox Northampton, and for
repairing and widening feveral other roads near or adjoining
thereto.

Cap. 92. For continuing the term and enlarging the powers
of an ac^t, made in the twenty-fecond year of his late Majefty's
re'^gn, for repairing and widening the road leading from The
IVellTiK the north- weft end of the town or village oi Fornhorough^
in the county of A>/2', to a place called River Hilly in the pa-
riih of Siven Oakes in the faid county.

Cap. 93. For making and continuing a navigable cut or ca-
nal from Maugan P^rr/;, through the feveral parifties oi Maugan^
Saint Colomb Major^ Little Colan, and Saint Colomb Minop^ to
Lower Saint Colomb Forth, in the county of CornwdlL

Cap. 94. For enlarging the terms and powers of two a<^s, of
the tenth and twenty-firft years of the reign of his late Majefty
King George the Second, for repairing the road from Hertford
Bridge Hill to the town o^ Bajwgjloke, and alfo the road from
Hertford Bridge Hill aforefaid to the town of Odiham, in the
counpy of Southampton.

Cap. 95. For enlarging the term and powers granted by an
a6f, palled in the tv/enty-ninth year of the reign of his late Ma-
jefty, for repairing and widening the roads leading from the
town oi Kington, in the county of Hereford, through the Welch
Hall Lane, as far as the fame county extends; and the feveral
roads leading from Kington aforefaid to Brillefs Mountain, to
Eardifley, to Almley, to Ecklefs Green, to Eardifand, to Staple
Bar, and to Milton Houfe, in the faid county; and for amend-
ing the road from the turnpike road in the parifh o^ Eardifley to
IVillerfley turnpike gate, in the faid parifh.

Cap. 96. For enlarging the term and varying the powers
granted by an adl, paffed in the twenty-fecond year of the reign
of his late Majefty, for repairing and widening the feveral roads
leading into the town oi Rofs, in the county of Hereford.

Cap, 97. For enlarging the terms and powers of three a6ls,
pafled in the third, feventeenth, and thirteenth years of the reign
of his late Majefty King G^^r^(? the Second, for repairing the road
leading from a gate called Shipflon toll-gate, 2t Bridgetown, in
the parifli of Old Stratford, in the county of IVarwick, through
Alderminjier and Shipflon upon Stower, to the top of Long Comp-
ton hill, in the faid county of Warwick ; and alfo for repairing
the road leading from the firfl: mile-ftone ftanding on the faid
Shipflon road, through a lane called Clifford Lane, and throu'gh
Mickleton and Chipping Campden, to a place called Andovefs Ford,
in the county of Gloucejler^ as far as the fame relate to the faid
firft-mentioned road. -.

Cap. 98. For

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Gap. 98. For repairing the road from the Royal Oak^ on
Wrotham Heathy to the town of iVrotham^ in the county oi Kenty
and from thence to Foots Cray ; and from the faid Royal Oak to
the town of Maldpne, in the faid county.

Cap. 99. For enlarging the terms and powers of two ac51s of
the twentieth and twenty-fixth years of the reign of his lateMa-
jefty, for repairing the high road leading from the city of Dz/r-
ham^ in the county of Durham^ to Tyiie Bridge^ in the faid
county.

Cap. 100. To enlarge the term and powers of an acl, made
in the fifth year of his prefent Majefty, for repairing and widen-
ing the road horn New cajlle under Line to Hajfop^ and from
Middlehilh to the M?^^/^^/^/^ turnpike road near Buxton, and alfo
the road branching out of the firft- mentioned road at Cohridge
to Burflem, and to the Uttoxeter turnpike road at Sheltouy in the
county q{ Staff^ordy and for amending feveral other roads adjoin-
ing thereto.

Cap. loi. For continuing the term, and enlarging the pow-
ers of an adf, made in the feventeenth year of the reign of his
late majefty King G'eorge the Second, for repairing the road
from Cherilly through Calne^ to Studlcy Bridge^ and from Cherill
to the Three Mile Bo-ough^ at the top oi Cher ill Hit! ^ in the
county of Wilts »

Cap. 102. For continuing the term and enlarging the powers
of an aft, paffed in the eighth year of his prefent Majefty's reign,
for repairing and widening the road from the way-poft, in the
parifh of Hardingflon^ in the county of Northampton^ to Oli
Stratford^ in the faid county.

Cap. 103. For continuing and enlarging the terms and pow-
ers of two ac^s, made in the thirty-firft year of his late Majefty^
and ninth year of his prefent Majefty's reign, for repairing feve-
ral roads in the counties of Montgomery^ Merioneth^ and kalcp \
and for repairing feveral other roads therein mentioned.

Cap. 104. To enlarge the powers of two ads, made in the
eighth and eleventh years of the reign of hris prefent Majefty,
for making and maintaining a navigable cut or canal, froin the
firth or river of Forth ^ at or near the mouth of the river of Car^
ron^ in the county of Stirling^ to the firth or river of Clyde^ at
or near a place called Dabnuir Burnfoot^ in the county of Diim-
liarton^ and alfo a collateral cut from the fame to the city of
Glafgow'y and for making a navigable cut or canal of communi-
cation from th^ port and harbour of Borrowjiounnefs^ to join the
faid canal, at or near the place where it will fall into the
firth of Forth,

Cap. 105. For amending, widening, and keeping in repair,
the road from the Guide-poji at the weft end of the town of
fiampton^ over Sudbury Qorurnqfu to the town oi Staines y in the
county of Middlefe$^.

Cap. 106. For enlarging ai)d altering the terms and powers of
two feveral a6l% made in the thirteenth year of the reign of
King George the Firft, and in the fifteenth ye^r of the reign of

King

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King George the Second, for repairing the roads leading from
the town oi Br om ef grove to the town oi Dudley^ in the county
of Worcejler^ and from the faid town of Bromefgrove to the town
of Birmiijgham^ in the county of Warwick^ fo far as the faid ads
relate to the repairing of ihe faid road, leading from the town of
Bromefgrove to the town of Dudley,

Cap. 107, For enlarging and altering the term and powers of
an a6l, made in the twenty-fixth year of the reign of King
George the Second, for repairing the roads leading from the
market-houfe in Stourbridge^ and other roads therein mention-
ed, in the counties of Worcefier^ Stafford^ Salop^ and TVarwid^
refpedively.

Cap. 108. For repairing and widening the road from the
north turnpike road near Scot Gate, otherwife Sco Gaie^ in the
town oi Stamford,, in the county of Z/;?^^/;/, to Oakham^ in the
county oi Rutland,, and from Oakham^ through Burley^ to a gate
on the north fide of a certain clofe, in the faid lordrfiip o( Bur-
ley^ called Booth's Clofe,, adjoining to the open fields of Cottef-
more,, in the faid county oi Rutland.

Cap. 109. For more effecSlually amending feveral roads lead-
ing from the city o^ Exeta\ and for rebuilding or repairing^^-^
Bridge^ and making the avenues leading thereto more com-
modious; and for building a bridge over the river £a:^, at or
near Countefs Wear ; and for amending feveral other roads there-
in mentioned.

Cap. no. To enlarge the term and powers of an a6l, paffed

in the fixth year of his prefent Majefty's reign, intituled, An c5i

for repairing and widening the road from the prefent turnpike road

at Haverhill to Redcrofs, in the parifh of Shelford, in the county

^Cambridge.

Cap. III. For building a bridge over the river Toivey^ near
Llandovery J m the county of Carmarthen ; and for making the
fords near the faid town fafe and commodious.

Cap. 112. For more effeclually amending feveral roads lead-
ing from and near the borough of Truro^ in the county of Corn-
wall,, and for building a bridge over the river, at a place called
The SteppingSy in or near the faid borough.

Cap. 113. For building a bridge acrofs the river Severn^ near
Redflone,, in the county of Worcefier,, and for making proper
avenues and roads to and from the fame; and for making fatis-
fadion to the proprietors of a ferry acrofs the faid river at Red-
flone aforefaid.

Cap. 114. For enlarging the term and powers of three ads,
paffed in the firfl, ninth, and twenty-fecond years of the reign
of his late majefty King George the Second, for repairing and"
enlarging the road leading from the houfe called The Sign of the
Bells,, in the parifh of Saint Margaret,, in Rochefler^ to Maid-
fone^ and other roads therein mentioned, in the county of

Kent.

PRIVATE

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PRIVATE ACTS.'

I, A N ad for naturalizing Paul D'Aigremont.

l\ 2. An a(5t for naturalizing Emeric VidaU Philippe Ri-
vier^ and Abraham Favenc,

3. An ad for naturalizing Peter Francis Martin,

4. An ad to enable the right honourable Robert lord vifcount
Ckre^ the right honourable Wellbore EUis^ and Charles Jenkin-
fon, efquire, to take, in Great Britain, the oath of office, as
vice treafurer, and receiver-general, and paycnafter- general, of
all his Majefty's revenues In the kingdom of Ireland^ and to
qualify themfelves for the enjoyment of the faid offices,

5. An a6l for vefiing feveral fee-farm and other rents, part of
the fettled eftates of fir Chjrles Cocks^ baronet, in truftees, to be
fold; and for enfranchifmg certain copyhold or cuftomary
lands within the manor of Reigate^ in the county of Surrey^ and
for laying out the money arifing by fuch fale and enfranchife-
ment in the purchafe of other lands, to be fettled to the fame
ufes.

6. An a6t to enable the redor of Saint Martin in Birmingham
to grant leafes of certain parts of the glebe lands belonging to
the faid redlory.

7. An a6l for obviating doubts, touching the validity of the
proceedings of the commiirioncrs appointed by an a6t, paffed ix\
the elevemh year of the reign of his prefent Majefty, for divid-
ing and inclofing certain lands therein mentioned in that part
of the manor of Tardebig, which lies in the county of Worcejler.

8. An ad for dividing and enclofing certain wafte lands,
called Had/or Common^ in the county oi IVorceJler,

9. An ad for dividing and inclofing the open and commoa
fields, and meadow grounds, in the townfliips of iS/z^/V /;and
Cowick, in the county of York.

10. An ad for dividing and enclofing the feveral open fields^
open arable lands, commons, and wafte grounds, within the
manor and parilh of Armthorpe, in the weft riding in the coun-
ty of r^r/^.

11. An ad for dividing and Inclofing the open fields, mea-
dows, common paftures, and wafte grounds, within the pari(h
of Cromwell^ in the county of Nottingham.

12. An ad for dividing and inclofing the open common
fields, meadows, pafture, and other commonable and wafte
lands, within the manor and parifti of Brinkbilly in the county
of Lincoln.

13. An ad for dividing and inclofing a certain moor or com-
mon, called Gailes Moor, in the town(hip and manor oiDahon
Traverfe^ otherwife Gailes^ in the parilh of Kirby Raven/worthy
in the north riding of the county of York.

14. An ad for dividing and inclofing a certain open field, or
parcel of land, called Bo?ifall Leys and Greeny within the parilh
of Bon/ally in the county of Derby.

15. An

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15. An ad for dividing and inclofing the open and common
fields, common meadows, common paftures, and other com-
monable lands and grounds in the parifh of Irchefier^ in the
county of Northampton ; and alfo two pieces of land or ground
therein defcribed, lying within the parities oiWelliiighorough and
Great Doddington^ in the faid county.

16. An acS for dividing and enclofing the feveral open fields,
arable lands, meadows, commons, and wafte grounds, within
the manor oi Church Broughton^ in the county of Derby,

17. An a6t for dividing and enclofuig the open fields, ftinted
paftures, common, and waftes, within the manor of Arhndale\
in the weft riding of the county of York,

18. An a6t for dividing and inclofing feveral open fields and
commons, or wafte lands, in the manor of Market Weighton
with Shipton^ in the county oiTork,

19. An a6l for dividing and inclofing the open and common

) fields of Upton^ in the parifh of Burfordj in the county of
Oxford,

20. An a6l for dividing, allotting, and inclofing the open
common fields, common meadows, common paftures, and
v/afte grounds, in the manor and parifti of Bourton^on the Water ^
in the county of Gloucejier^ and in the manor of Clapton on the
UilU in the fame parifh.

21. An a(5t for dividing and inclofing Cour chill Common^ with-
in the manor of parifti of Churchill^ in the county of IVm'CcJler.

22. An ad for naturalizing Ifaac Morier.

23. An ad for naturalizing 7^Z?« Gottlob Neuman.

24. An ad for naturalizing John Francis Curhcod,

25. An ad for naturalizing Ifabel Bouillon.

26. An ad for naturalizing Stephen Beuzei^ille.

27. An ad to enable truftees to make ieafes of certain eftates,
late of Anthony ear! of Shaftejbury, deceafed, during the minori-
ties of his children ; and for eftablifhing and carrying into exe-
cution an agreement made between Mary countefs dowager of
Shafte/bury, her infant fon, and the lord bilhop of Ely, refped-
ing certain meffuagesand tenements fituare in theparifti of Saint
Andreio Holbourn^ in the county 0^ Middlefex,

28. An ad for vefting in John earl of HopeiouHy and his heirs
in fee-fimple, certain lands, part of his entailed eftate, in the
counties oi Haddington and Fife ; and for fettling in Heu thereof^
other lands lying contiguous to, and interfperfed with, the laid

entailed eftate. , rrr /i n ^ 1

29. An ad for vefting the manors of Eajl and Wejt Stodeley^
and certain other hereditaments in the county of Dwon^ (part
of the fettled eftates oi James Bernard enquire), in truftees, to
be conveyed to Matthew Brickdale efquire, and his heirs, pur-
fuant to aa agreement entered into by him for the purchafe
thereof; and for applying; the purchafe money in difcharge of
a mortgage afFeding theYaid premifes ; and for other purpofes
therein mentioned.

'20. An ad for vefting the fettled eftate of the reverend ba-
^ ^ muel

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muel Hemming clerk, and Maria his wife, in the county qf Staf-
ford^ in truftees, in order that the fame may be conveyed to
George Adams efquire, and his heirs, purfuant to an agreement
made by him for the purchafe thereof j and for verting the pur-
chafe money in other lands and hereditaments to be ftttled
to the like ufes.

ji. An act for exonerating part of the real eftate of Thomas
Whichcot efquire, in the county oi Lincoln^ from a debt of tea
thoufand pounds, charged thereon for the portions of the
younger children of Chrifiopher Whichcote efquire, and Jane his
wife, daughter of the faid Thomas JVhich(Qtey and for fubjeding
and charging other lands of greater value, to the payment
thereof.

32. An act to enable the vicar oi Kenfington^ in the county of
Middlefex^ to grant leafes of part of the glebe lands belonging
to the faid viqarage.

33. An a6l for dividing and inclofmg feveral coranions,
heaths, and wade grounds, within the parifh of Drayton in HaleSy
in the counties of Salop and Stafford.

34. An a(5t for dividing and inclofmg feveral lands and
grounds in the parifh of Goxhill^ in the county of Lincoln.

35. An ad for dividing and inclofing the open and common
fields, common meadows, common paftures, heath, lot, and
wafte ground, in the parifh of Eaji Hadden^ in the county of
Northampton,

36. An adl for confirming and eftablifliing articles of agree-
ment, for the better ordering and regulating the manner of
feeding, ufing, and enjoying, feveral commonable and wafte
grounds, lying in Chaiterks^ in the ifle of Eiy^ and county of
Cambridge^ and alfo for afcertaining the parts or lots, belonging
to each commoner, in certain fenns therein mentioned ; and
for empowering the commoners to plough, and cultivate the

- faid fens for a certain number of years therein limitted ; and for
obliging occupiers of lands, in thp open fields of ChaturieSy la
fence the fame.

37. An a6t for dividing and inclofing certain open common
fields, meadows, ings, and other commonable lands and watte
grqqnds, within the townlhip ^nd parifh oi EaJi Keal^ otherwife
Eajier Keal^ in the county of Lincoln,

38. An a6l for dividing and inclofing the open and comm,Dn
fields, common paftures, comrnon meadow^, common grounds^
heath, and wafte ground, in the manor and parifh oi Rugby ^ in
the courity of IVarwick,

Q9. An a<5i: for dividing and inclofing certain fields, lands^
and grounds, within the townfhip or lordfhip oi Ever thorp e^ in
the parifti of North Cave^ in the eafi riding of the county of
TorL

40, An a6t for dividing and inclofing certain open and com-
mon fields^ meadowy, iogSj and other commonable lands and
Vvaftq grounds, within the manor of Toyntcns^ in the townfhips
©f Toyntgn dl Sainlh and Toy.nton Saint Pders^ in th« county of
ijncoini 41. Aa

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41. An a6t for dividins: and inclofing certain open common
fields, ings, common paliures, and other commonable lands,
within the manors, or manor, and townfhip of Heminghy^ in
the county of Lhuoln,

42. An a6t for dividing and inclofing certain moors or com-
mons within the townftiips of Whitton le Wear^ and North Bed-
hurne^ within the chapelry of IVhitton le Wear^ in the manor of ^
Walfinghom^ in the county palatine of Durha??L

43. An a6l for dividing aud inclofing certain open ^t\(^s^
lands, and grounds, within the townfhip or lordfhip oiJVilto72y
in the pariQi of Ellerhuni^ in the north riding of the county of
York,

44. An a6l for dividing and inclofing certain open and com-
mon fields, meadows, paftures, furze, and wafte grounds, in
the parifh of Thorpe on the Hill^ in the county of Lincoln.

45. An ad for dividing and inclofing the common and. wafte
land, within the manor of ^amhourn^ in the parift:i of Coughtony
in the county of Wanvick.

' 46. An ad for dividing and inclofing feveral open and com-
tyjon fields, common meadows, and other commonable lands
and places, within the pari(h o{ Nafford^ and chapelry of ^/r-
lingham^ in the county of Worcejler^

47. An act to enable Robert Jchorpe Blanchard^ efquire, now
called Robert Athorpe Athorpe^ and his heirs male^ to take and
ufe the furname oi Athorpe only, purfuant to the will of Henry
Athorpe., efquire, deceafed.

48. An acSt for naturalizing Jofeph Fran el.

49. An a6f for vefiing certain tenements and hereditaments
in the counties of Oxford^ Berks^ and Wilts^ part of the fettled
eftates of the earl of Macclesfield^ "m truftees, to be fold or ex-
changed , and the money arifin^g thereby to be laid out in the
purchafe of other lands, tenements, and hereditaments, to
be fettled to the fame ufes; and for other purpofes therein
mentioned.

50. An a6t to enable the dean and chapter of the cathedral
church oilVorcejler., to m.ake and efiablifti an exchange of cer-
tain lands and premifes, in the county of Worcejler^ for other
lands and premifes in the faid county, belonging xoThomas Foley
efquire.

51. An ac5l to impower the wardens, preceptor, or mafier of
the fcholars, and poor people of the alms-houfe or hofpital of
JefuSy in Gijburn in Clevelafid^ in the county of Torky to convey
a certain m-efiuage, and divers lands, tenements, and heredita-
ments, the eftate of the faid alms-houfe or hofpital, unto Charles
Turner of Kirkleatham^ iq the faid county, efquire, and his
heirs ; and to enable the^faid wardens, preceptor, or mafter, of
the fcholars and poor people of the alms-houfe or hofpital of
yeJuSy to carry into execution an agreement with the reverend
Henry Heivgill^ of Hornby Grainge^ in the faid county of York.,
clerk, for the purchafe of a certain mefluage, or tenement, lands
and hereditaments, in the pari(h of Birkby^ in the north riding

of

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of the faid county^ of greater value, to be conveyed to, and held
by them and their fucceffors, for the ufe, benefit, and advance-
inent of the faid charity.

52. An a<3: for effeding an exchange of lands, between
■ Charles Turner^ efquire, and the mafler, fellows, and fcholars

of Trinity College in Cafnhridge,

53. An a6t for nominating a perfon, in the room of Thomas
Cartwright efquire, deceafed, to join with Elizabeth Cartwright
widow, in dire6ting the fale of fuch part or parts of the fettled
eftates of the faid Thomas Cartwright^ deceafed, as they fhall think
proper, for raifing iv^Q thoufand feven hundred pounds, and for
other purpofes.

54. An a6l to enable James Theobald^ efquire^ to carry into
execution an agreement for fale of certain hereditaments, fituate
at White Waltham^ in the county of Birks^ (part of his fettled
eftates), to the reverend William Reid y and for laying out the
money arifing by fuch fale in the purchafe of other lands and
hereditaments, to be fettled to the ufes to which the faid fettled
eftates do now ftand limitted.

55. An adl to enable the re6lor of the parifti church of Stock-
port^ in the county of Chejhr^iox the time being, to grant leafes
of part of the glebe lands belonging to the faid redory, and to ex-
change part of the faid glebe lands, and other lands in the tovm-
ihip oi Stockport aforefaid, between i^v George JVarren knight, of
the bath, patron of the advowfon of the {-y.A re6tory, and John
Watfon^ prefent re61or of the pariOi and parifh church of Stock-
port aforefaid.

56. An a6t for dividing and inclofing the open fields, pafture
grounds, ings, and common or waRe ground, within the town-
ihip of Eaji Cottingwithj in rhe eait riding of the county of
York,

57. An a61 for dividing and inclodng the open arable ^iddsy
meadow and pafture grounds, within the town and territories
of Burjlivick and Sheckli?7g^ in the pariQi of SheckUng ami Burjl-
wick in Holdernefs^ in the eaft nding of the coun'y of York,

58. An a6l for dividing, allotting, and inclofing the open and
common fields, meadows, commonable lands, and commons,
within the manor, pariili, townfliip, and liberties of i-/^//^/?/^-;^
cum TFitton^ in the county of Himtingdon,

59. An a6l for dividing and inclofmg the open commons, and
wafte grounds, within the manor and townfiiip of Walf-^
grave^ otherwife Falfgrave^ in the parilh oi Scarborough^ in the
north riding of the county oiTork.

60. An a6i: for dividing and inclofing the open and common
fields, and commonable land, lying within the townftiips, li»
berties, and precin61s of Broad Sibford^ otherwife Sibford Gower^
^nd Bur dr up ^ in the parifh of Swalcliffe^ in the county of Oxford,

61. An a61: for dividing, inclofing, and allotting the open or
common fields, meadows, pafture' commvriable olr^ce ,, and
other lands and grounds, within the towofl^ip of Whitgreave^
in the county of Stafford.

N^U XXX. b 62, An

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62. An aa for dividing and inclofing feveral open fields,
lands, and grounds, in the parilh of Whitton^ in the county of
Lincoln,

63. An aa for dividing, allotting, and inclofing, the open
and commonable fields, meadows, lands, and wafte grounds of,
^vithin and belonging to the manor, pari(h, and liberties -of
Prejlon^ in the county oi Rutland,

64. An a6l for dividing, and inclofing, the open and com-
mon fields, of Newhold upon Avon^ in the county of Wartmck^
and Longlawford Heath ; in the parifli of Newhold aforefaid.

65. An ad for dividing and inclofing the open common fields,
meadow grounds, and common fens, in the parifli of Hachnhy^
in the county oi Lincoln,

66. An ad for dividing ajid inclofing the commons, waftes,
and common fields, in the pariflnes oi\ingewick^ and Radclive
cum Chachnorey in the county of Bucks,

67. An acl for dividing and inclofing certain moors, com-
mons, or tracts of vvafte land within the parifli and manor of
Lanchejler^ in the county palatine of Durham,

68. An a6l for dividing, inclofing, and allotting a certain
common or parcel of wafte land, called Kinfare and Compton
Common,^ within the manor and parifli o^ Kinver^ otherwife Kin^

fare,, in the county of Stafford.

69. An a6l for dividing and inclofing the feveral open arable
fields, parcels of meadow, or pafl:ure, and other grounds, within
thQ parifli of Harpham^ in the parifli of Agnes Burton,, in the eaft
riding of the county of York,

70. An a<fc for dividing and inclofing a certain open field, and
the commons, common of paflure, and wafle grounds, within
the parifhes of Skipton^ and Kildwick^ in the county oi York,

71. An ad to diiiolve the marriage oiJohnFeatherJlon Bower-
banke^ with Anne Jane Bo?inett,, his now wife, and to enable him
to marry again; and for other purpofes therein mentioned.

72. An adl to enable Edward Gregge Hopivood^ (late Edivard
Gregge) efquire, and the heirs male of his body, and the other
perlbns therein defcribed, to retain, take, and ufe the furname of
Hopwood^ and to bear and quarter the arms oi Hopivood^ purfu*
ant to the will of Robert Hopwood deceafed.

73. An ad for vefting certain manors, lands, and tenements^
3n The IJle of Wight ^ part of the fettled eftate of fir Thomas Mil-
ler baronet, in trufl:ees5 to be fold ; and for purchafing other
lands and hereditaments, to be fettled to the fame ufes.

74. An ad for difcharging divers meflTuages, lands, and he-
reditaments, part of the eftate oifohn Hudfon late o^ Bcjjingby^
in the county oiTork^ efquire, deceafed, from the ufes of his
marriage fettjement, and for fettling other lands and heredita-
ments to the fame ufes.

75. An ad for vefting the moiety of the manor oi Ruffeh^ and
the moiety of divers meifuages, lands, and hereditaments, with
the appurtenances in Cheftlford otherwife Chilfordy and other
places in the county of Suffolk^ comprized in the fettlement

made

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made previous to the marriage of Mr. Charles Smithy and Ehxa*
beth his now wife, late Elizabeth Bijhop fpinfter, in truftees, to
be fold; and for purchafmg other lands and hereditaments, to
be fettled to the like ufes.

76; An a61 to enable the g;overnors of the free grammar fchool
oi Edward iht Sixth, late King oi England, in the town of 6*^^-
bergh, in the county of York, to exchange certain lands and pof-
feffions of tlie faid (choo), therein mentioned, yN\\\\ Walter Va-
vafour, oUVepn, in the faid county, efquire, for other lands in
the paridi of ^'^^Z'^r^/;^ aforefaid, of greater value, to be fettled
to the fame ufes.

77. An aa for impowering the judges of the court o'^ JeJJion^
in Scotland, to fell each part or parts of the eftate ofBarnholm in
the ft'ewartry q{ Kirkcudbright, belonging to John MXuUoch, now
of Barholm, as fliall be fufficient for payment of the debts affed^
ing the fame, and for fettling the remainder of the faid eftate in
tail on th& fame feries of heirs, and in the fame manner, as is
mentioned in a deed of entail, made in the year one thoufand
kvcn hundred and fixty-two.

78. An aa to impower the feoffees of Roan's charity in
Greemvich, to fell a meffuage, and two pieces of land, part of
the eftate of the faid charity, to the vicar of the faid parifh, and
to apply the money arifmg by fuch fale in the purchafe of other
lands, to be conveyed to the like ufes; and to enable the faid
vicar to take a conveyance of the faid meftuage, and two pieces
of land; and for other purpofes therein mentioned.

79. An aa for felling the fettled eftates of Henry Corm/I:> Hen-
ley, efquire, in Lyme Regis, fVooten Fiiz-pain, and Maiden Neiu-
ton, in the county of Dorfet, and for laying out the money to
arife thereby in the purchafe of other lands and hereditaments,
to be fettled to the fame ufes as the faid fettled eftates now ftand
limitted.

80. An aa for dividing and inclofmg the open and common
fields, and all other commonable lands, and certain lot ground,
within the feveral villages or towntbips of Bedford, Grafton,
Aflyion Underhill, and Bengrove in the parifh of Beckford, and
county of Gloucejler.

81. An aa for dividing.and inclofing the open and common
fields, and common paftures of Sheafiy, in the parifh of Knap-
toft^ and county of Leicefler,

' 82. An aa for dividing and inclofing the open common fields,
meadow grounds, common fen, cow pafture, and other com-
monable lands, in the parifh of Helpn?igham, in the county of
Lincoln,

83. An aa for dividing and inclofmg certain commons or
paftures, called HognaftonWynn, and Hognafon Oldfield, within
the liberty of Hognaflon, in the county of Derby,

84. An aa for dividing and inclofing the open and common
fields, common meadow's, and commonable lands, within thq
parifti of Longmarjlon, in the county of Gloucefer,

85. An a6t for dividing, allotting, and inclofing the open

b 2 <ind

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sncl common fields^ meadows, commonable lands and com-
inons, within the manor, paridl, and liberties oi Little Stukeley^
in the county .of Huntingdon.

86. An ad icr dividing and inclofing the open arable fields,
meadow and pafcure grounds, within the townfnip of Frejloriy
in HolderneJJ}^ \n the eaft riding of the county of York,

87. An ad: for fevering, dividing, inclofing, and allotting
divers parcels of common, or waile grounds, within the
townfhips of Groppenhall and Latchford^ in the county palatine
ofChe/h:y,

88. An acl for dividing and inclofmg the feveral open fields,
within the townfliip and parifh of Drax^ in the weft riding of
the county of 7vrk. '

89. An a6l for dividing and inclofing the feveral open fields,
carrs, ings, or meadow grounds and commons or wafte grounds
within the townfliip and parilh of Holme upon Spalding Moor^ in
the eafc riding of the county of Tork.

90. An ad to dilTolve the marriage of y^Z?;? G^rii?;^ efquire,
with Jane Norris Fijlui\ his now wife, and to enable him to
marry again; and for o'cher purpofes therein mentioned.

91. An a6t to diffolve the marriage of John G/v^/2 clerk, with
Eli%ahcth Green^ his now wife, and to enable him to marry a-
gain : and for other purpofes therein mentioned.

92. An ad for making a partition and divifion of certain
eftates, in the pariih o{ Ryion^ in the county o^ Durhiim^ between
fir Edvjdrd Blackctt baronet, and fir Walter Blachtt baronet,
purfuaat to an agreement m.ade between them,

93. An ad for the divifion, allotment, and appropriation of
feveral rncffusges, lands, and hereditaments, in the feveral
counties of LciceJJer^ Nottingham^ and Lincohi^ the eftates of
Thomas Heron efqaire, whereof he is either tenant for life, un-
der different fettlemcnts, or whereunto he is intitled to him and
his heirs in fee fin's pie.

94. An ac"t for veiling part of the fettled eftate of Smith Child
gentleman, in the coivnl'y ox Stafford, in truftees, to be fold, to
raifc money to pay oif the incumbrances charged upon, and af-
feding the fame, and for other purpofes therein mentioned.

95. An ad for fale of tlie feitled efcate of Henry Spelman
clerk, in the county ox Norfolk^ and for other purpofes therein
iTicntioned

06. An ad ^ox fale of certain charity efiates therein mention-
ed,'' and to apply the money to arife therefrom, in the building
of a lown-hall and (hambles in the town o^ Neivark uponTrenii,
and in tlse purchafing of lands and hereditaments for enlarging
the churcr.-yard of the faid town, and for opening the avenues
th.ereto; e.nd for laying out the refidue of the money in pur-
chafm';- other lands, to be fettled to the charitable ufes therein-
irientioncd. •

sd ^or eflabliihing and rendering effedual certain

■\^^

articles of agreement, enabling the feveral iee (arm and cufcom-
arv tenantSj'^wiiiiin the honour, manor, and lordihip oi Hojnby

and

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and manor of T^atham^ in the county palatine oi Lanca/iery to
purchafe the timber trees and underwoods growing upon their
refpeciive tenements , and for veiling the fole property thereof
in thetii refpeaively, and extinguifhing the cuftomary right
of the other tenants therein, and for releafing and extinguilh-
ing the freehold, fee farm, and cuftomary rents, boons, fines,
and other fervices of right due and accuftomed for the te-
nements of fuch of the faid tenants who have executed the faid
ardcles of agreement, and of fuch who (hall within the time
limited by this a6l come in and purchafe their timber, trees,
woods, and underwoods, rents, boons, fines, and franchife-
ments, with fuch exceptions and refervations only as are in this
a6l mentioned.

98. An ad to impower the reverend Ptolemy Humfrey clerk,
and the reverend John Jephcot clerk, and Catharina Dorothea
his wife ; and to exchange a meffuage and certain clofes in
Thorpe Mandeville, in the county of Northampton^ part of the
glebe of the rec5iory of Thorpe Mandeville aforefaid, for a mef-
luage, two fmall cottages, and feveral clofes and lands in Thorpe
Mandeville aforefaid, part of the eftate of Richard Jennings of
Wejlon, in the county of Northa?nptony efquire ; and for the
fetting out, afiigning, and appointing other clofes, lands or
grounds of the faid Richard Jennings in Thorpe Mandeville a-
forefaid, in lieu of tithes, and' for other the purpofes therein
mentioned.

99. An aa for dividing and inclofing feveral trads, or parcels
of common and wafte ground called and known by the refpec-
tive names olTemple Sowerby Moor^ the Down Moor, the WhinneSy
and Parfons Glofe* within the pariih of Kirkby Thore^ in the
county of We flrnor eland,

ICO. An acl for dividing and inclofing a certain parcel of
common, or wafte land, called Gahy Common, lying within the
manor or lord (hip of Galey^ in the county of Stafford,

loi. An a(?L for dividing and inclofing the common and
wafte grounds, within the manor and townlhip of Culgaithe, in
Jhe county of Cumberland,

102. An adi for dividing, allotting, and Inclofing the com-
mon fields, common meadows, and other commonable lands,
in the manor and parifti of Stanton Harcourt, in the county of
Oxford,

ic. An a6l for dividing and inclofing the commons and
wafte lands within the manor of Tryfid, and Seifdon, in the pa-
rifli o^TryfuU in the county of Stafford,

104. An adt for dividing and inclofing certain open and
common fields, meadows, ings, moors, common paftures, and
other commonable lands within the manors of Haltham ctitn
P^oiighton, in the townftfips of Haltham and Roughton, m the
county of Lincoln,

10^. And a6l for dividing and inclofing certain commons

and vvafte lands, in the feveral parilhes of Round J^on,,

6 Morvily

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Morvik BarroWy Much Wenloch^ and JJlley Abbots^ in the coun-^
ty of Salop.

io6. An a6l for dividing and inclofing the feveral parcels of
fen, and other commonable lands, within the pari(h of Swinef-
head^ in the county of Lincoln; and alfo, a certain plot of land^
called IFigtoft MarJJ)^ in and near to the faid parifh of Swinejhead.

107. An a6l for dividing and inclofing the open and com-
mon fields, and commonable lands, within the manor and pa-
rifh of Horfeington^ in the county of Lincoln.

108. An a6l to diflblve the marriage of Philip Cade efquire,
with Catharine Whitworth^ his now wife, and to enable him to
marry again, and for other purpofes therein mentioned.

109. An a6l for naturalizing William Fillers^ an infant.
no. An a6l for vefting part of the eftates ftridly entailed by

the will of the moft noble Charles Noel late duke of Beaufort m
truftees to be fold, and for applying the money arifing by fuch
fale in the purchafe of other manors, lands, and hereditaments,
in the county of Mon?nouth^ to be fettled to the fame ufes, ^

111. An adl for difcharging the manor oi Greenfield^ and di-
vers meffuages, lands, and hereditaments, in the county of Z/;;-
coln^ part of the eftate of Richard earl of Scarborough^ from the
ufes, eftates, and trufts, declared concerning the fame, by the
fettlement executed previous to his marriage with Barbara coun-
tefs oi Scarborough his wife; and for fettling other lands, and
hereditaments of greater value, in lieu thereof, to the like ufes.

112. An a6l for vefting divers freehold and leafehold eftates,
and certain goods and chattels, late of fir Edward Turner^ baro-
net, deceafed, in fir Gregory Turner baronet, his eldeft fon, as
a compenfation for, and in fatisfadion of his claims on his faid
late father's eftate and efi^eds.

113. An a6t for vefting part of the fettled eftates of Charles
Bower Addcrley efquire, in^the parilhes of Hanhury and Leigh^ in
the county of Stafford^ in truftees, to be fold, for payment of
the incumbrances affe6ling the fame ; and for laying oui the re-
fidue of the money arifing'by fuch fale in the purchafe of other
lands and hereditaments, to be fettled to the like ufes.

114. An aa for dividing and inclofing the open and common
fields, common meadows, common paftures, common grounds,
and commonable lands, within the pari(h and liberties of HooU
norton and Southtop, in the county of Oxford,

1 15. An a6l for dividing and inclofing the open and common
fields and lands, common heath and wafte grounds, within the
townftiip of TFeft PFilloughby, in the manor of Sudbroohy and
parifh oi Ancafter^ in the county of Lincoln.

116. An aafor naturalizing Jacques^ otherwife James Louis^
m infant, under the age of eighteen years.

THE

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THE

STATUTES at Large, ^c.

Anno regnt GEORGII III. Regis ^ Mag-
nee BrttannicB'i Francice^ ^ Hiber?itce^
decimo tertio.

AT the parliament begun and holden at Weft:-
minfter, the tenth day of May, An7io Dom.
1768. if! the eighth year of the reign of our Jove-
reign lord GEORGE the Thirds hy the grace of
Gody of Great Britain, France, a?id Ivelandy King,
defender of the faith ^ &c. A7idfrom thence contiizu--
ed by fever al prorogatio72S to the twenty fixth day of
November, 1772 \ being the fixth fefjion of the thir-^
teenth parliament of Great Britain.

CARL

An aB for allowing the importation of wheats wheat four ^
rye^ rye-meaf barley^ barley-meat^ oats^ oat -meal ^ pea[e^
heans^ tares^ cailivancies^ and all othtr forts of pulje^
from> any 'part of Europe or Africa, into this kingdom^
for a limited time^ free of duty.

WHEREAS the importation cf wheat , wheat- flour ^ ry^', Preamble^
rye-meal^ barley^ barley-meal^ oats^ oat-meal^ peafe^ beans ^
tares, callivancies^ and all other forts of pulfe^ from any part of
Europe or Africa, into Great Britain, will be advantageous to
this kingdom: may it therefore pIeafe;,your Majefty that it may
be eoaded ; and be it enaded by the King's mod excellent ^^ ^^Y ^'^^^
majefty, by and with the advice and confent of the lords ^^^^'^^J?/^* 'V
fpiritual and temporal, and commons, in this prefent parlia- whtat^flotu-'*
ment aflembled, and by the authority of the fame, That it Rye, &c. may
(hall and may be lawful to and for any perfcQ or perfons what- ^^ imporred
foever to import into Great Britain^ in any (hip or velTel wliat- ^^^"^ E'^^ope
foever, at any time or times before the lirit day of January^ duty-free*;
Vol. XX X» B one

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and may be
carried coall-
wife under
former regu-

Anno decimo tertio Georgii 111. c. 2. [1773.
one thoufand feven hundred and feventy-four, any wheat,
\vheat-flour, rye, rye-meal, barley, barley-meal, oats, oat-
meal, peafe, beans, tares, callivancies, and ail other forts of pulfe
from any part of Europe or 4^nV^, without the payment of
any fubfidy, cuftom, duty, or impofition whatfoever ; and may
alfo be carried coaftwife, under fuch regulations as wheat,
wheat-flour, rye, rye-meal, barley, barley-meal, oats, oat-meal,
peafe, beans, tares, callivancies, and all other forts of pulfe of
the growth of this kingdom, are now allowed to be carried
coaftwife, at all times before the faid firll: day of January^ one
thoufand feven hundred and feventy-four ; any thing in any
former or other ad or a6ls of parliament to the contrary thereof
in any-wife notwithftanding.

II. Provided always, and be it further ena6led by the au-
thority aforefaid. That a due entry fhall be made, in fuch man-
ner and form as were ufed or pra6lifed before the making of
this a6f, of all wheat, wheat- flour, rye, rye-meal, barley, bar-
ley-me^l, oats, oat-meal, peafe, beans, tares, callivancies, and
all other forts of pulfe, which (hall be imported or brought
into this kingdom before the faid firfl: day of January^ one
thoufand feven hundred and feventy-four, at the cuftom-houfe
belonging to the port into which the fame fliall be imported or
brought in ; or otherwife, in default of making fuch entry,
fuch wheat, wheat-flour, rye, rye-meal, barley, barley-meal,
oats, oat-meal, peafe, beans, tares, callivancies, and all other
forts of pulfe, fliall be liable and fubje6t to fuch and the fame
duties as were payable upon the importation thereof before the ^
making of this acl ; any thing in this a6l contained to the con-
trary notwithftanding.

CAP. II.

An art for allowing the importatio7i of wheats wheat-flour^
Indian corn^ Indian meal^ bifcuit^ peafe^ beans^ tares^
callivancies^ and all other for is of pulfe ^ from his Majef
iys colo7iies in America, into this kingdom^ for a limited
time^ free of duty.

Preamble, "T/C7^-^-^^^^ ^^^ importation of wheats wheat-four^ In-
V V dian corji^ Indian mealy bifcuit^ peafe^ beans j tares^ calli-
vancies^ and all other forts of puffe^ from his Majeflfs colonies in
America, into Great Britain, will be advantageous to this kingdom:
may it therefore pleafe your Majefly, that it may be cnaded ;
and be it enabled by the King's moll excellent Majefty, by and
with the advice and confent of the lords fpiritual and temporal,
and commons, in this prefent parliament alTembled, and by the
authority of the fame. That it fhall and may be lawful to and
for any of his Majefty's fubjecls to import into Great Britain^
in any (hip or veffel navigated according to lav,', at any time or
Any of his times, from and after the firft day of December^ one thoufand
iea^ fro^m^ ' i^s^^ hundred and feventy-two, and before the firfl day of
' - January^

Kntry to be
jnade in fuch
form as was
turmerly
pra(5lifed, be-
fore fhe mak-
ing of this
aa;

otherwife fuch
wheats &c.
fliall be fub-
ka to the du-
ties formerly
payableon the
importation
thereof.

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tyy^.] Anno decimo tertio Georgii IIL c. 3. 3

y^^^r^A-^^jOnethoufand feven hundred and feventy-four, any wlieat Dec. r, 177*,
or wheat-flour, Indian corn, Indian meal, biTcuit, peafe, beans, and before
tares, calhvancies, and all other forts of pulfe, from any of his l^^' l^^JJ^^*
Majefty's colonies in America, without the payment of any fub- wi^eat, wheat-
fidy, cuftom, duty, or impofition whatfoever ; any thing in any flour, &c.
former or other ad: or a6ls of parhament to the contrary thereof from Ame-
in any-wife notwithftanding. J^^^^» ^^^^

IT. Provided always, and be it further ena£led by the ^^- ^q^^q tntry^o
thority aforcfaid, That a due entry (hall be made in fuch man- be made cs
ner and form as were ufed or pradtifed before the making of formerly j
this a6l, of all wheat, wheat flour, Indian corn, Indian meal,
bifcuit, peafe, beans, tares, callivancies, and all other forts of
pulfe, which lliall be imported or brought into this kingdom
by virtue of this adl:, before the faid firfl: day of January^ one
thoufand feven hundred and feventy-four, at the Cuftom Houfe
belonging to the port into which the fame fhall be imported or
brought in ; or otherwife, in default of making fuch entry, otherwifefuch
fuch wheat, wheat-flour, Indian corn, Indian meal, bifcuit, wheat, &c.
peafe, beans, tares, callivancies, and all other forts of P^l^*^^ jea to Ihe d'a-
fliall be liable and fubje(5^ to fuch and the fame duties, as were j-jes formerly
payable upon the importation thereof before the making of this payable on
a6t ; any thing in this a6t contained to the contrary notwith- importation ^
ftanding: and fuch wheat, wheat-flour, Indian corn, Indian
meal, bifcuit, peafe, beans, tares, callivancies, and all other
forts of pulfe, may be carried coaftwife, under fuch regulations
as wheat, wheat-flour, and pulfe, of the growth of this king- and fudi
dom, are now allowed to be carried coaflwife, at all times wheat, &c.
before the faid firfl: day o^ January^ qx\q thoufand feven hundred J^^^J coaft^wife
and feventy-four. as formerly.

CAP. III.

An a5f to prohibit the exportation of corn^ grain^ p&afe^
beans^ meal^ inalt^ flour ^ breads bifcuit^ and fiarch ; and
alfo the extraEiion of low wines and fpirits from wheat
and wheat-flour^ for a limited time.

WHEREAS it is expedient that the exportation of any fo^^ Preamble.
of corn^ grain^ peafe^ beans^ nica!^ malt^ flour^ brea^-*
bifcuit^ and fl arch ^ out of the kingdoms of Great Britain, or Ire-
land, Jloould be prohibited for 'a limited time : may it therefor^
pleafe your Majefly that it may be enaded ; and be it enaded ^p^^^ ^^-^
by the King's moft excellent majefly, by and with the advice this aa, all
and confent of the lords fpiritual and temporal, and commons, forts oFcorn^
in this prefent parliament, affembled, and by the authority of S''^^'^' ^'''^•
the fame. That from and after the pafling of this ad, no per- J-'oI'^Pg^^^^^^
fon or perfons whatfoever ftiall, diredly or indirectly, export, Britain or
tranfport, carry, or convey, or caufe or procure to be exported, Ireland,
tranfported, carried, or conveyed, out of or from the faid king- or loaded In
doms of Great Britain or Ireland., or load or lay on board, or any ftiip, &c.
caufe or procure to be laden or laid on board, in any (hip or ^or tranfpor-
other veflelj or boat, in order to be exported or carried out of ^^^^1^"^^/.

B2 the

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4 Anno dccimo tertlo Georgii III. c. 3. [1773.

ZVfh^^'' ^^^^ ^^^^ kingdoms of Great Britain or Ireland, any fort of corn,
foreve'ry bu-' S""^^"' P^^^^' \y^^my meal, malt, flour, bread, bifcuit, or ftarch,
Chelotcorn, under the penalties and forfeitures herein-after mentioned;
grain, &c. that is to fay, That all the faid commodities that fliall be fo
and i^d. for exported, Ihipped, or laid on board, or loaded to be exported,
orbLa" &c. ^'PP^^' ^^ carried out contrary to this ad, (hall be forfeited ^
andalVo\he' ^"^ ^^^^^ ^very offender or offenders therein, (hall forfeit the
(hip, boat, &c. fum of twenty (hillings for every buQiei of corn, grain, peafe,
and all her beans, malt, meal, or flour, and twelvepence for every pound
guns, tackle, weight of bread, bifcuit, or (larch, and fo in proportion for any
Offences com- g^^^ter or lefs quantity which (hall be fo exported, (hipped, or
mitred inEng- put on board to be exported; and alfo the fliip, boat, or
land may be veffel, upon which any of the faid commodities (hall be export-
^nv^'o-^hl^Ma ^^^' ^^»PPed, or laden to be exported, and all her guns, tackle,
jefty^s courts ' ^PP^^^^^' ,^"^ furniture, ihall be forfeited; and one moiety of
of record at all the faid penalties and forfeitures fhall be to the King's
Weltminlter, majefty, his heirs and fucceffors, and the other moiety to him
^c. ^ or them that will fue for the fame : and for offences which fliall

kndVbefore" ^^ committed in that part of Great Britain called England, fuch
the Joiirts of penalties and forfeitures (hall be recovered by adion of debt,
feiTion or ex- bill, plaint, or information, in any of his Majefty's courts of
cheqiier; record at Wejlminjhr, or before the jufl:ices of affize, or at the

turesi'nc^uTed S'"^^^ feffions in IVaks.ox by information at any general quarter
in Ireland, are ^^iFions of the peace for the county, city, riding, divifion, or
re^coverable in place, where the offence (hall be committed ; and in fuch fuit
the courts of no eitoin, protection, privilege, or wager of law, (hall he allow-
Dublin^" ed : and for offences which (hall be committed in that part of
The mafter Great Britain called Scotland, by action, or fummary bill, or in-
ai)d mariners formation, in the courts of ieflion or exchequer in Scotland : and
knowingly for offences which fhall be committed in Ireland, in his A4ajef-
olfJnfe*^'^^ ty*s courts of record in Dublin, or at the general quarter
to be impri- ^^^ons of the peace for the county, city, or place where the of-
foned for 5 fence (hall be committed : and that rbe mafler and mariners of
itionths. any fuch (hip, boat, or veffel, wherein any fuch offence (hall be

In cafe any committed, knowing fuch offence, and wittingly and willingly
b^> i" r" aiding and affifling thereunto, and being thereof duly convi61ed,
cept^^the maf- ^^ ^^^Y ^"^'^ courts as aforefaid, (hall be imprifoned for the fpace
ter) (hall dif- of three months, without bail or mainprize.
cover an of- II. And it is hereby further eriadied by the authority afore-
tence to the ^^\^^ That in cafe any mariner or other perfon on board any
ers>&c. ot the ^^^P ^^ veffel (oiher than and except the mafber or perfon hav-
cidtoms, with- ing the charge or command thereof) wherein any corn, grain,
in 5 months peafe, beans, meal, malt, flour, bread, bifcuit, or ftarch, (hall
after the ot- j^^ exported, contrary to the intent and meaning of this adl,
li'^ft^all be in- ^^^^ difcover any fuch offence to the commiffioners, or any
tituled to one officer of his Majefly's cuftoms, vi'ithin the fpace of five montfis
third of th€ after fuch o^QncQ (hall be committed, fuch mariner, or other
money recov- perfon (except as aforefaid) making fuch difcovery, (hall, as an
mean^^'there- encouragement, have, and be intitled to receive, one third part
oft after de- t)f the net money which fliall be recovered and paid by means
during of fuch difcovery, after dsduding, from the money recovered,

charges i the

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1773'] Anno declmo tertio Georgii III. c.3. 5

the charges of profecuting for and recovering the fame ;^ ^""^ t^o U^i^ Ma"'^'^
one other third part thereof (hall be to the ufe of his Majefty, -^^^^^^ ^^^.
his heirs, and fuccefTors ; and the other third part, to fuch and the other
officer or officers of his Majefty's cuftoms, as fliall fue and pro- to the profe-
fecute for the fame, cutor.

III. And be it further ena^ed by the authority aforefaid, Officers of the
That it (ball and may be lawful to and for any perfon or per- ^"3^ |^'^^'^''-
fons, being an officer or officers of the cuftoms, or being law- commodities
fully authorifed in this behalf, by the lord high treafurer of not allowed to
Great Britain, or the commiffioners of the treafdry for the be exported,
time being, or any three or more of them, to take and feize all ^^^ ^"^ ° -[^
fuch of the laid commodities, not allowed to be exported by this -^J^^^ ^^ ^^
aa, as he or they (hall happen to find, know, or difcover to be exported,
laid on board any (hip or other veffel, or boat, at fea, or in any
port, or in any navigable river or water, to the intent or purpofe
to be exported, tranfported, or conveyed out of Grci^t Britain
or Ireland, contrary to the true intent of this ad ; and alfo the and bnng the
(hip, veffel, or boat, in which the fame (hall be found ; and to |^^,g.f ^^^^
brin^ the faid goods to the king's warehoufe or warehoufes, houie, &c,
belonging to the cuftom-houfe next to the place where fuch
feizures (hall be made, or to fome other fafe place (where
there are no fuch warehoufes) in order to be proceeded againft
accordino; to law; and, in cafe of recovery, to be divided in

^ r r • J ^^ot to extend

manner as atorelaid. . ^^ prohibit fo

IV. Provided always. That this a^, or any thing herem ^^^^^^ ^^ ^^^^
contained, (iTall not extend to prohibit the exportation of fuch faid commo-
or fo much of the faid commodities as (hall be nece(rary to be dities as (hall
carried in any (hip or (hips, or other veffel or veffels, in their ^e^n^^"^^^^^^^^
refpedive voyages, for the fuftenance, diet, and fupport of the ^j^^j^ ^^^p^^^
commanders, mafters, mariners, pafTengers, or others, in the tive voyages,
fame (liips or vefTels only, or for the vidualling or providing or for vie
any of his Majefty's HVips of war, or other (hips or vefTels i" ^"^^^|^"^§j^»P«
his Majefty's fervice, or for his Majefty's forces, forts, or ^^^^^.'^^^^
garrifons ; any thing herein contained to the contrary not- Majefty's gar-
withftanding. nfons,

V. Provided alfo, That this ad, or any thing herein con- or carrying
tained, Qiall not extend to prohibit any perfon or perfons ^^ ^^'\^^g f^-|"^
(hip, or put on board, any of the commodities aforefaid, to be ^^^^^^^^'-^5^^^
carried coaftwife ; that is to fay, from any port, creek, or mem- under coaft
ber of the kingdoms of Great Britain or Ireland, to any other cocquets,fe-
port, creek, or member, of the fame rcfpeaively, having fuch purity ^^ing
or the like coaft cocquet, or fufferance, for that purpofe ; and ^^ ^iven,
fuch or the like fufficienr fecurity being firft given for the land-
ins; and difcharging the fame, in fome other port, member, or

creek, of the faid kingdoms, and returning a certificate in fix
months, as is require'd by law, in cafes where goods which are
liable to pay duties on exportation are carried coaftwife from
one port of Great Britain to another, and not otherwife.

VI. Provided alfo. That this ad, or any thing herein con- This aa not
tained, ftiall not extend to any of the faid commodities which h'inderany^of
il)all be exported, or fliipped to be exported, out of or from ^^^^ (^^^ ^.^^^

B 3 Great

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6 Anno decimo tertio Georgii III. c. ^. [i773*

r9od\te5W\ng Great Britain to Ireland^ or from Ireland to Great Britain^ or
Great R^'Jlin^^^^"^ ^''^'^^ 5nV^/;7, or Ireland, to Gibraltar 6v Minorca, or un-
toTreland, &c. ^° ^^Y ^^ ^"^^^ Maje.fty's iflands or colonies in America, that have
or from Great ufually been lupplied with any of tl'iC faid commodities from
Britain or Ire- Great Britain or Ireland^ for the fuftentation of the inhabitants
vT^^^f ^*^^^' of the faid iflands, colonies, or dominions, or for the benefit
ra cai, c. ^^ ^1^^ Britijh fifhery in thofe parts only, fo as the exporter do,
the exporter before the fliipping or laying on board the fame, declare the
iflinTfcK- ^ ifland, colony, or dominion, iflands, colonies, or dominions,
which they for which the faid commodities are refpecSlively defigned ; and
are defigned, do become bound, with other fufficient fecurity, in treble
and being the value thereof, to the commifTioners, or chief officer or of-
^°hi^^ h" ficers, of his Majefly's cuftoms, belonging to the port or place
lue, thauli^'h ^^^^^^ ^^^ ^^"^^ ^^^^^ t)e fliipped or put on board, (who hath or
corn,&c. (hall have hereby power to take fuch fecurity, in his Majefly's name,
not be landed and to his Majefly's ufe), that fuch commodities fliall not be
or fold at any landed or fold in any parts whatfoever, other than the king-
other place. f^Qxt\s, dominions, iflands, or colonies, for which the fame
Certificates to ^^^^ ^^ declared; and that a certificate under the hand and
be'eiiven by ^^^^ of the colle6lor, comptroller, or other chief officer of the
colfeaors, &c. cufloms ; or, if no fuch, of the naval officer, or fome other
without lee. principal officer of the port where ih^ fame fhall be landed,
fhall, within the refpeclive times herein-after for that purpofe
mentioned (the danger of the feas excepted) be returned to the
officers who took the faid bonds, that the faid commodities
have been landed at the port or place for which the fame fhall
be fo declared ; and for the taking of fuch fecurity, and for
giving fuch certificates, (which the refpeclive officers aforefaid
are hereby, on demand, required to give) no fee or reward
^ , fhall be demanded or received : and \f any officer (ball make

ing falfe cer-' ^^Y ^^^^^ certificate of any fuch commodities being fo landed,
tiricates, to fuch officer fliall forfeit the fum of two hundred pounds, and
forfeit 2col. lofe his employment, and be incapable of ferving his Majefty,
Any perron his heirs or fucceflbrs, in any office relating to the cufloms : and
counterfeiting -f ^^y perfon fhall counterfeit, rale, or falfify any fuch certificate,
forS -'^o^ot^'^^^ ^"°^^"§^y publifh any fuch counterfeit, rafed, or falfe cer-
and the^certi- tificate, he fhall forfeit the fum o^ two hundred pounds, and
iicate to be fuch certificate fhall be void and of ao effe6l : which faid penal-
^o^d. ^]es for offences committed in Great Britain or Ireland fliall be

OMencesin recovered in the fame courts, and in the fame manner, as the
Great Britain q^j^^j, penalties inflidcd by this a6t are recoverable; and for
vered as be- oiFences committed in the colonies and plantations in America,
iore dirt(^ted ; or Other the doiBinions belonging to the crovm o( Great Britain,
in thecolonies in Europe, fliall be recovered in the high court of admiraky, oi^
in America, in any chief couit of civil or criminal jurifdi6lion, in fuch re-
anddominions fpe^c^jve colonies, plantations, or dominions ; and fhall be di-
f"r^^tb^^court vided into equal moieties between his Majefly and the informer ;
©f admiralty, and the faid bond or bonds, if not ppfecuted-witbin three years,
&c. fhaJl be void.

VII. Provided alfo. That nothing herein contained fhall ex-
hr^to'proh'ibit ^^^d to prohibit the exportation of beans to the BritiJI) forts^
^* ^ caflles^

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1773*] Anno decimo tertloGEORGii III. c. 3. 7

caftles, and fadories^ \n Africa; or for the ufe of the (hips the exporta-
trading upon that coaft, that ufually have been fupplied "^'^^^.^^^^^^J ^^^^^
the fame from Great Britain or Ireland -y fo as the like fecurity ^^ of Africa,
be given for the exporting thereof, as is required by this acfl to or the fhips
be given by perfons carrying any of the faid commodities to the trading on
Bruijh Qolomtsm J?nerica, ^ thatcoaftj

VIIL Provided alfo. That nothing herein contained (hall ex- nor to prohibit
tend to prohibit the united company of merchants o^ England f^e Eaft India
trading to the Eajl Indies from exporting any of the faid com- company from
modities to any of their forts, fadories, or fettlements, for the thei^fortl&c.
fupport of the perfons refiding there, fo as the like fecurity be with corn,'
given for the exporting thereof, as is required by this a6l to be gr'ain» &c. for

eiven bv perfons carrying: any of the faid commodities to the ^{^^^"PP^*"^^^
^, . .^ -^ T . . A^ • ^ the perfonsre-

Eriiijh colonies ni America. Tiding there.

IX. Provided alfo. That this a6V, or any thing herein con- ^^^^ ^^^ ^^
tained, (hall not extend to any wheat, flour, malt, barley, gou^th^mpton
bread, bifcuit, or peafe, to be tranfported out of or from the only may fup-
port of Southampton only unto the iflands of Jerfey^ Guernfey^ and ply the iflands
Alderney^ or any of them, for the only ufe of the inhabitants of of Jerfey, &c,
thofe iflands, fo as the exporter, before the lading of fuch com- barleyT&c..
modities, or laying the fame on board, do become bound, with not exceed'ing
other fufficient fecurity, in treble the value thereof, which the 501^0 quarters,
cuftomer or comptroller of the fame port hath hereby power to ^^^ exporter
take, in his iVIajefty's name, and to his Majefty's ufe, and for bomiThf tre-
which fecurity no fee or reward (hall be given or taken, that ble the value
fuch commodities fliall be landed in the faid iflands oi Jerfey^ that the com-
Guernfey^ 2nd Alder ney^ or one of them, (the danger of the "^o^i^i^s fhall
feas only excepted), for the ufe of the inhabitants there, ^n<^ oTfo\d zt^^^
fliall not be landed or fold in any other parts whatfoever ; and other port;
to return the like certificates of the landing the fame there, as and to return
are herein required on the exportation of the faid commodities the certificates
to the Briti/h colonies in America^ and within the time for that of landing the
purpofe herein mentioned; and fo as the (quantity o^ wheat- [^"^^^j*^^^^^^^
flour, malt, barley, bread, bifcuit, and peafe, which at any exporters of
time or times, during the continuance of this a6t, (hall be com, grain,
fliipped at the faid port for the faid iflands, or either of them, &c. to the co-
as aforefaid, do not exceed, in the whole, five thoufand quar- ^^^ ^" ^"
ters ; any thing herein contained to the contrary notwith-

flanding.

X. Provided alfo, That this ad fliall not extend to any wheat, ^he ports of
barley, oats, meal, or flour, to be tranfported out of or from Whitehaven
the ports o^ Whitehaven or Liverpoole only into the IJle of Man^ and Liver-
for the only ufe of the inhabitants of that ifland, fo as the ex- P^^^^ ^\^ \(\
porter, before the lading of fuch wheat, barley, oats, meal, or q" PJ^^^J^^ ^^i^jj^®
flour, or laying the fame on board, do become bound, with wheat, barley,
other fufficient fecurity, in treble the value thereof, which the &c. under the
cuftomer or comptroller of either of the faid ports refpedtively fo^5^^^^ ^^S"-
hath hereby power to take, in his Majefty's name, and to his exceedinp-^^
his Majefty's ufe, for which fecurity no fee or reward fhall be 2500 quarters,
given or taken, that fuch wheat, barley, oats, meal, or flour,

IJiall be landed in the faid Ip of Man ^ (the danger of the feas

? 4 only

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* . Anno decimo tertlo Georgii III. c.3. [1773.

only ejccepted) for the ufe of the inhabitants there, and (hall
not be landed or fold in any other parts whatlbever; and to re-
turn the like certificates of the landing the fa me there, as are by
this ace required on the exportation of the faid commodities to
the Britijh colonies in America, and within the time for that pur-
pofe herein mentioned, and fo as the whole quantity of wheat,
barley, oats, meal, and flour, which at any time or times,
during the continuance of this aa, (hall be (hipped at both the
faid ports for the faid Ifle of Man, Ihall not exceed in the whole
two thoufand five hundred quarters; one moiety thereof to be
exported from the faid port oUVhitehaven, and the other moiety
thereof to be exported from the faid port of Liverpoole-, any

Merchants ^^ vf ^^u^^^ contained to the contrary notwithftanding.

trading to A- -^^ Provided alfo. That nothing in this ad contained (hall

frica may extend to prohibit the committee of merchants trading to Jfrica

not exceeding -y M"^"^^^y ^' uicau or oucuiu, not exceeding „

aooquarters, the whole of fuch bread or blfcuit, or of fuch bread and bif-
and not ex- cuit together, to the Briti/Jj forts, caftles, and fadories in
ceeding ,5 Jfrica, for the fupport of the perfons refiding there, fo as the
a^'n'd bifcuu! ^^^^ fecurity be given for the exporting thereof, as is herein re-
to the BntiQi quired to be given by perfons carrying the faid commodities to
forts there, the Briti/h colonies in America,
Vinder the like fecurity as for the colonies in America.

Commifnon- XIL And be it further ena61ed by the authority aforefaid,
crs of Che cu- That the commifTioners oi the cuftoms for the time being
\TT\s;^\\fc^ ^^^^^^' ^^'^ ^^^y ^^^ ^^^^^y ^'^quired to give a full and true ac-
count to par- count, in writing, to both houfes of parliamer.^ at the begin-
liament, at ning of^the next feflion thereof, of all corn, grain, peafe, beans,
tne begmning meal, malt, flour, bread, blfcuit, and (larch, that (hall, be-
of aircorn^"' ^"'^'^ ^^^^^ ^™^* ^^ exported to any place whatfoever, by virtue
grain, &e. ex- ^^ ^^ purfuance of any of the liberties or powers hereby given
ported to or granted for that purpofe.
any place, by virtue of the liberties oF ihis a(5^t.

When the cer- XIII. And be it further enaCled by the authority aforefaid,
tificates of That all certificates of the landing and difcharg'ng of the faid
difbhar^fn ^^"^^o^^^^^^s to be exported, other than coaflwife, (hall be re-
ar.y of'^tli'efaid ^^^"^^ within the refpedlive rimes following; (that is to fay)
commodities where the bonds are taken in refpe^ft of any of the faid commo-
fliall here- dities, to be exported from Great Britain, or Ireland, to any of
turned. j^g igj^ colonies or plantations in America, within eighteen ca-

lendar months after the date of fuch bonds ; and where to
Gibraltar or Minorca, within twelve calendar months after the
date of fuch bonds ; and where to the iflands of Guernfey, Jer-
fey, Alier7uy, or Man, within fix calendar months after the date
of fuch bonds ; and where from Great Britain to Ireland, or
from Ireland to Great Britain, within fix calendar months after
the date of fuch bonds refpec^ively.
No bounty to XIV. Provided always, and be it enabled by the authority
be givtn on aforefaid, that no corn, grain^ peafe^ beans, meal, malt, flour,

bread.

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I773-] Annodecimotertio Georgii III, c.^. 9

bread, bifcult, or ftarch, which (hall be exported by virtue of exportation
this a<ft, (hall be intitled to any of the bounties or drawbacks ^j^j^^^J^"^
which are allowed and made payable on the exportation of fuch
commodities, or any of them.

XV. Provided always, and be it enadted, That nothing ^ot to prohi-
herein contained (hall extend to prohibit the exportation of bit the expor-
rice put^of this kingdom. tation of rice.

XVl.^ Jnd whereas it is expedient that the exira^ion of low w^//^^^ After the paf-
or fpirits from tvheat, or wheat -flour ^ pould be prohibited for a (mg hereof,
further time \ be it therefore further ena6led by the authority a- no low wines
forefaid. That from and after the pa(rrng of this ad, no iow^^ fpirits fhall
r ■ ' 1 r /I 11 1 J o 1 in I l^c made from

wmes or fpints whatsoever (hall be madf', extracted, or diftil- ^^^gat or

led, within this kingdom, from any wheat or wheat-flour ; and wheat-flour,
if any diftiller or maker of low wines or fpirits, or any other or any mate-
perfon or perfons whatfoever, (hall make, extract, or diftill, or **'^' "^'j^^^
caufe or procure to be made, extradled, or diftiiled, any low ^^ *

wines or fpirits from any wheat or wheat- flour, or from any
grain or other material mixed with wheat, or with wheat-flour,
or (hall ufe or mix, or caufe or procure to be ufed or mixed,
any wheat or wheat-flour, or any grain or other material mixed
with wheat, or with wheat-flour, in any worts or wa(b, in or-
der for the making, extrading, or di{^illihg low wines or fpirits,
or (hall put or lay, or caufe or procure to be put or laid in any
tun, wa(hbatch, cafk, copper, f^ill, or other veflel or utenfil, any
whe^t or wheat-flour, or any grain or other material mixed
with wheat, or with wheat-flour, for the purpofe of preparing
any worts or wafh, or for making, extracting, or diflilling
low wines or fpirits, whether fuch tun, wafhbatch, cafk,
copper, ftill, or other vefTel or utenfil, hath or hath not been
duly entered at the excife office; that then, and in each and
every of the faid cafes, fuch diftiller or maker of low wines or
fpirits, or other perfon or perfons ading contrary to the direc- ^"^.^^ ^"^
tions of this ad, or the perfon or perfons in whofe cuftody or [^^^g'^on^tp/ry^
poire(rion any fuch tun, wafhbatch, cafk, copper, flill, or other he (liall forfeit
vefTel or utenfil, which fliall be made ufe of contrary to the in- and pay aool.
tention of this ad, (hall be found, (hall refpedively, for every ^"^ ^'^ ^^^^^
fuch offence, forfeit and pay the fum of two hundred pounds ; (v,aU^bc1^or.
and all fuch wheat or wheat-flour, and fuch worts and waQi, feitcd.
low wines and fpirits, and all fuch grain, or other material
with wheat or with wheat-flour, or the value thereof, fhall be
alfo forfeited.

XVK. And be it further enaded by the authority aforefaid, wheat or
That if any wheat or wheat-flour, or grain, or other material wheat-flour,
mixed with wheat or with wheat-flour, (hall be found in any &c. found in
workhoufe, flillhoufe, f^orehoufe, warehoufe, or any other ^'^^ .^^^''^^."^'^»
place wherein low wines or fpirits, or worts, or wafh, (hall be fo^^!J,^es^J^^U
made, extraded, diftilled, or prepared, or where any low wines be made &c.
or fpirits, or worts, or wa(h, (hall have been made, extraded, I'nce 061. i,*
dilhlled, or prepared, fince the firfi: day of 0-5!oher^ one thou- ^^^i* fl^all i>e
fand feven hundred and feventy-two, all fuch wheat and wheat- ^^^^^^^^^'
flour, and all fuch grain or other material mix^d with wheat

or

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lo Anno decimo tertio GeoRGII III. c. 3. 1^773*

and the per- or with wheat- flour, {hail be forfeited ; and the perfon or per-
fons occupy- fo^g in whofe poffefTion fuch workhoufe, ftillhoufe, ftorehoufe,
ingfach ftiil- ^gj.g|^Q^j^g^ ^^ P^^^^' ^^^^ ^^' {hall, for every offence refpec-
forteit lool. tively, alfo forfeit and pay the fum of one hundred pounds.

* XVIII. And be it further enaded by the authority aforefaid,
th^od^d b^ That it fhall and may be lawful for any perfon or perfons, who
the commif- ^hall be authorifed for that purpofe by the commiffioners of
fioners, or excife for the time being, or any tvyo or more of them, within
juftices of tj^e limits of the chief office of excife in London^ or by one or
peace, may more juftice or juflices of the peace in any other part of Great
vvorkhou'es Britain^ at any time or times, with any officer of excife, to
&c. where enter into any workhoufe, ftillhoufe, ftorehoufe, warehoufe, or
jow wines, &c. any other place wherein any low wines or fpirits, or worts or
^^^bTmade^ wa(h, fhall be, or are fufpeded to be made, extraded, diftil-
iince 061. i ^^^> ^** prepared, or wherein low wines or fpirits, or worts or
1772, ' wafh, fhall have been made, extradted, diflilled, or prepared,

fjnce the firft day of O^ober^ one thoufand ^tvcn hundred
andinfpea-all and feventy-two, and (hall have free admittance into the fame,
the materials, and may infpe6t all the materials, veflels, and utenfils therein
contained, giving thereby as little interruption as may be to the
bufinefs which is carrying on ; and in cafe any officer of excife
On fufpicion ^hall have reafon to fufpe6l that any wheat, or wheat-flour, or
of wheat or any grain, or other material mixed with wheat, or with wheat-
wheat flour flour, is contained in any bag, fack, or other package, or fs
being mixed j^^j^^ jj^ ^j^y ^orts or wafh, or in any other preparation for
with any other , . -^ o- j-/x-n- 1 • r - '^ -^ ru n

material, a making, extrading, or diltilhng, low wmes or fpirits, it Ihall

fample may and may be lawful for fuch officer, at any time or times during
be taken, pay- ^ht continuance of this adf, upon payment of two fhillings and
ing 2S. 6d, fjxpence, to take a fample, not exceeding two quarts of any
fuch wheat or wheat-flour, or o'i any fuch grain, or other ma-
terial mixed with wheat, or with wheat-flour, or of any fuch
worts or wafh, or preparation, which fhall be found in any fuch
Ifanydiftil- houfe or other place aforefaid ^ and in cafe any diftiller or
ler, &c. refufe maker of low wines or fpirits, or the owner or occupier of
admittance, ^^^ f^^|^ houfe or place, or any workman or fervant to any fuch
he: (baJl foriejt ^.^.jj^^^ owner, or occupier belonging, (hall refufe to admit

100 1

fuch perfon or perfons as fhall be fo authorifed^ or any officer of
excife, into any fuch houfe or place, or fhall obftru6l or hinder
any fuch officer, or perfon or perfons, in making fuch infpec
tion as aforefaid, or fhall not allow any fuch officer to take fucji
fample after the faid fum of two (hillings and fixpence Ihall be
paid, or tendered for the fame ; fuch diftiller, owner, or occu-
pier'(hall, for every fuch offence refpe6\ively, foi-feit and pay
]3y^ the fum of one hundred pounds: and it (hall be lawful for
fuCauihot' any fuch officer of excife, or other perfon or perfons authorifed
rifed bv the as aforefaid, having a warrant for that purpofe from any two
commiiBon- ^y more of the commiffioners of the excife, or any juftice or
ers, &c. may t^^j^^g refpe6lively, as aforefaid, to feize, take, and carry a-=
^^'^ w\v aT" way, all fuch wheat and wheat-flour, and all fuch grain or
lilch wheat, other material mixed with wheat or with wheat-flour, as (hall
^'c. be found in any fuch houfe or other place^ together with all the

fackSj,

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1733'] Anno declmo tertio Georgii III. c.^, i %

facks, bags, and other things, in which the faid commodities
fhall be contained.

XIX. And be it further enadled by the authority aforefaid, jf ^ny diftil-
That if any diftiller or maker of low wines or fpirits for fale pr ler have more
exportation (hall be poffeffed of, or have in his, her, or their wheat than
cuftody or poffeffion, or in the cuftody or pofleffion of any per- hris^to^forfeit
fon or perfons in truft, or for the ufe or benefit of fuch diftiller ^j^ ^^^ ^U ^^^
or maker of low wines or fpirits, more than five quarters of overpkis.
wheat or wheat-flour, at any one time, in any one or more

place or places, not being a place or places for preparing, mak-
ing, extrading, diftilling, or keeping worts or wafli, low wines
or fpirits; every fuch difliller or maker of low vvines or fpirits
(hall, for every fuch offence refpedively, forfeit all fuch wheat
and wheat-flour exceeding the faid quantity of five quarters, and
alfo the fum of five pounds for every quarter fo forfeited.

XX. Provided always, That this ad fhall not extend to in- This a6l not
flidt the faid laft-mentioned penalty and forfeiture upon any di- to extend to
ftiller or maker of low wines or fpirits, who fhall be the a6lual ^^^i^'^^^s who
grower of wheat, and (hall be pofTefTed of any quantity of fuch of^wheat^^^
wheat grown by him or her in the flraw, or after the fame is provided 'fuch
threfhed out or feparated from the (Iraw, provided fuch wheat ^heat be not
fhall not be kept in his or her pofTeflion, or in the pofTeffion of in their pof-
any other perfon or perfons in truft for him or her, for a greater ^efBon above
fpace of time than twenty days after the fame (hall be threlhed ^^^'^^J^'j.^^^
or feparated from the ftraw, and fo as fuch wheat be not kept in place ^r di-
any place ufed for making, extra<5ling, or diftilling low wines or Hilling low
fpirits, or for preparing or keeping worts or wafh. wines.

XXL Provided alfo, and be it further enadted by the autho-Not to extend
rity aforefaid. That this a6t fhall not extend to inflid the laft- to a diftiller
mentioned penalty and forfeiture upon any diftiller or maker of ^^^ ^^ a mil-
low wines or fpirits, who pra6lifes the trade of a miller, by cJun^^^f ^hat
grinding corn for hire, or who fells corn, flour, meal, or bran, may be found
as other perfons following the trade of a miller ufually do, and in his mill,
who was pofTeffed of and worked any mill or mills for the grind-
ing of wheat, in the courfe of his trade as a miller, on or be-
fore the firft day oi O^ober^ one thoufand feven hundred and
fixty-fix, for or upon account of any quantity of wheat or
wheat-flour which ftiall, during the continuance of this a6i:, be
. found in any fuch mill or mills ; any thing in this a6l contained
to the contrary hereof notwithftanding.

XXII. And be it further enabled by the authority aforefaid, Officers of ex-
That in cafe any officer or officers of excife, or any other per- cife fufpeaing
fon or perfons, (hall, at any time or times, have caufe to fuf-^'^^v* ^^* ^'
pe6l that any wheat or wheat-flour, or any grain or other ma- ters^to^be?:^!:!
terial mixed with wheat or with wheat-flour, in any quantity up in any
exceeding the quantity of ^vt quarters, fhall be laid or kept in ftorehoufe be-
any fuch ftorehoufe, warehoufe, granary, or other place or |?"?.*"S: to a
places as aforefaid, belonging to any diftiller or maker of low ^ ^^*
wines or fpirits, contrary to the true intent and meaning of this juitices may
atft ; then, and in every fuch cafe, upon oath made by fuch g'*^nt warrant
officer or officers, or other perfon or porfons, before the com- n° ^"^^^ |)^^^^

Hosted by Google

12

and to feize

and carry a-
vav all the
^heat and
wheat-flour,
above five
quarter,*:, stuI
the facks, &c.

and forfeit 5I.
for every
quarter, over
the iaid quan-
tity.

Didillers who
have gram or
other inr^terial
mixed wilh
wheat &c (hall
foricit 50 h

OPiicers refuf-
ed admit-
tance toftore-
houitj?, &c.
may bieak o-
pen the doors.

How and
where penal-
ties ni3^ be
recovered.

Courts may

m ri^ate the
penalrie«, if
liity itccaufe.

Anno decimo terdo Georgii III. c.3. [i77J*

miflloners of excife for the time being refpedively, or any two
or rnore of tbetn, or before one or more juftice or juftices of the
peace refiding near the place vvhere fuch ofHcer or officers, or
other perfon or perfons, fhall furpe6t the fame to be laid and
kept, fetting forth the ground of his or their fufpicion, it (hall
and may be lawful to and for the faid commiffioners, or jun:ice
or juftices of the peace refpedlively, before whom fuch officer
or officers^ or other perfon or perfons, fliall make oath as afore-
faid, (if he or they fliall judge it reafonable) by fpecial warrant
under his or their refpe6"tive hands and feals, to authorife and
im power fuch officer or officers, or other perfon or perfons au-
tliorifed as aforefaid, by day or by night, (but if in the night,
then in the prefence of^ a conftable, or other lawful officer of
the peace) to enter into all and every ftorehoufe, warehoufe,
granary, or other place or places where he or they (hall furpe6t
that any wheat or wheat-flour, exceeding the quantity of five
qiyarters, or any grain or other material mixed with wheat or
with wheat- flour in any quantity, fnall be laid or kept, belong-
ing to any fuch diftiller or maker of low wines or fpirits, and to
feize, take, and carry away, all fuch wheat and wheat-flour
over and above the faid quantity of five quarters, and all fuch
grain, or other material mixed with wheat, or with wheat- flour,
as he or they (liall fo find together, with all the facks, bags, or
other things, wherein the fame Qiall refpe(51ively be contained ;
and fuch diftiller or maker of low wines or fpirits, or the per-
fon or perfons in whofe cuftody or pofTefTion fuch wheat or
wheat-fiour, exceeding the faid quantity of five quarters, be-
longing to fuch difliller, (hall be found, (liall, for every fuch
offence refpe^ively, forfeit and pay the faid penalty of five
pounds for every quarter exceeding the faid quantity of dv^
quarters; and fuch d ftiller or maker of low wines, or fpirits,
or the perfon or perfons in whofe cuftody or pofTeffion fuch grain
or other material mixed with wheat, or with wheat-flour, belong-
ing to fuch diftiller fliall be found, (hall, for every fuch ofi^ence
refpec£\ively, forfeit and lofe the fum of fifty pounds ; and the faid
officer or officers, and other perfon or perfons, is and are hereby
impowered, by fuch warrant, together with fuch other perfon
or perfons as he or they (hall take to his or their affiftance, to
enter fuch ftorehoufes, warehoufes, granaries, and other place
or places, snd break open the doors thereof, in cafe they be not
opened on demand.

XXIII. And be it further enaaed by the authority aforefaid.
That all penalties and forfeitures by this ar51 impofed, and for
the recovery and application whereof no other provifion is here^
in-before made, (liall be fued for, and recovered by a^ion of
debt, bill, plaint, or information, in any of his Majefty's courts
of record in fFeJJmwpr, or in the court of exchequer in

Scothytd. , , /. , 1 r

XXIV. And that the refpe61ive courts before whom the fame
n^all be recovered may and are hereby authorifed, (if they (ball
think fit) to mitigate all or any of the pecuniary penahies here-
in,

Hosted by Google

I773-] ^^nno de'cimo terdo Georgii IIL 0,3 f^

in-before infliaed to any funi not lefs than one fourth part of to one fourth
the fum herein refpeaivdy mentioned ; and that one moiety ofof thefum
all fuch penalties and forfeitures, when recovered, (bail be io ^^rmonta.
the ufe of his Majefty, his heirs and fucceflbrs, and the other
moiety to him or them who (ball fue for the fame, or give m-
formarion of, or difcover the offence.

XXV. Provided always, That all fuits, profccutions^ or in- Limitation of
formations, for offences committed againft this z6\, fhall be a6Hons.
commenced and made within the fpace of fix calendar months

after the fad is committed, and not otherways ; any thing
herein contained to the contrary notwithflanding.

XXVI. And be it further enaded by the authority afcrefaid, p^^^^^^ ^^
That if any acStion or fuit fhall be commenced againft any per- gj^j^it ^^^^
fon or perfons, for any thing done in purfuance of this ac^, adtions (hall
fuch aaion or fuit (ball be commenced within the fpace of four be c^^»^^"^-
calendar months next after the offence fhall be committed : and ^^^ ^ P^^
if any fuch adion or fuit (ball be commenced or profecuted in i^-^e,

that part of Gnat Britain called Engla?id, the defendant or de-
fendants in any fuch adion or fuit may plead the general ifTuc,
and give this ad, and the fpecial matter, in evidence, at any
trial to be had thereupon ; and that the fame was done m pur-
fuance, and by the authority of this adl : and if it (hall appear
fo to have been done, the jury (hall find for the defendant or
defendants; and if the plaintiff (ball be nonfuited, or difconti-
nue his adion, after the defendant or defendants (ball have ap-
peared, or if judgement Qiall be given upon any verdidl or de-
murrer againft the plaintiff, the defendant or defendants (hall Defendant
and may recover treble co(\s, and have the like remedy for the J)\^,^i^''c'Sts.'^
fame, as any defendant or defendants hath or have in other cafes Y)et\t^d^^^ in
bylaw: and if fuch adlion or fuit be commenced or profecuted Scotland may
in that part of Great Britain called Scotland, the court before plead this aa,
whom fuch adion or fuit fhail be brought fhall allow the de- and if judge-
fender to plead this ad on his defence ^ and if the purfuer (ball ment begivea
not infift on his adion, or if judgement (hall be given againft ^^^^^!.;]^^^ ^'^^
fuch purfuer, the defendant (hail and may recover the full and i^ay recover
real expences he may have been put to by any fuch adion or his expences,
fuit. . ^ ^^•

XXVII. And be it further ena6led by the authority afore- This aa to
faid, That this ad fhall continue until the firft day of January, continue till
one thoufand feven hundred and feventy-four. J^"- *> '"^^*

XXVIIL Provided neverthelefs. That the faid continuation p^-oviio.
may be abridged or (hortened, and this ad, or any part there-
of, may be altered and varied by any other adt or ads to be
made in this prefent feflion of parliament.

CAP.

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14 Anno declmo tertio GeorgiiIIL c.455, [1773*

CAP. IV,

An a 51 to continue for a further time, an a5i made in the
eighth year of his prefent Majeflfs reign, intituled. An
a6l to continue and amend an a6t, made in the fifth
year of the reign of his prefent Majefty, intituled, An
aa for importation of failed beef, pork, bacon, and butter^
frofn Ireland, for a limited time, and for allowing the im^
portation of falted beef, pork, bacon and butter, fom the
Britifh dominions in America, for a limited time.
Preamble. "TTTHEREAS an q^ was made in the fifth year of his prefent
AasGeo.III. VV Majeflfs reign, intituled. An act for importation of fak-
ed beef, pork, bacon, and butter, from Ireland, for a limited
Ad 8 GeoJII. time : Jjid zvhereas an a^ -was made in the eighth year of his pre--
fent Majeftfs reign, to continue and amend the faid frfl.-mentibned
a^^ and for allowing the importation of falted beef, pork, bacon, arid
butter, from the Briti(h dominions in America, for a limited time" :
and Ads 9, ^^^'^ zvhereas by four a^s, made in the nijith, tenth, eleventh, and
10, IT, & iz twelfth years of the reign of his prefent Majefly, the faid lafl-men-
■Qeo. III. tioncd a^ ivas continued until the fir ft day of March, one thoufand

feven hundred and feventy-three : And whereas it is expedient that
the importation of the faid goods and commodities Q)ould be allowed
for a longer time; May it therefore pleafe your Majefty, that it
may be enacted ; and be it enaded by the King's mod exceU
lent majefty, by and with the advice and confent of the lords
fpiritual and temporal, and commons, in this prefent parlia-
ment afTembled, and by the authority Ox^ the fame. That the
faid adt, made in the eighth year of his prefent Majefty's reign,
intituled, An a5i to continue and amend an a 51 made in the fifth year
of the reign of his prefent Majefty, intituled, An a6t for impor-
tation of falted beef, pork, bacon, and butter, from Ireland,
for a limited time, and for allowing the importation of falted
beef, pork, bacon, and butter, from the Britijh dominions in
further con- America, for a limited time, fhall continue and be in full force
tinued till and efFe6"t, until the hrft day of March, one thoufand i^v^n
Marchi,i774. hundred and feventy-four.

C A p. V.

An aul to continue, for a ftrther time, an a5l made in the
feventh year of his prefent Majeftfs reign, intituled. An
a6t to difcontinue, for a limited time, the duties pay-
able upon the importation of tallow, hogs-lard, and
greafe -, and to permit the importation of falted beef, porky
bacon, hams, and cheefe, into this kingdom, from any part
of Europe, for a limited time, free of duly,
"f X 7 H E R E A S j;/ ^6? of parliament paffed in the feventh year of
Aa^ G^jm. ^^ the reign of his prefent Majefly, intituled. An a^ to dif-
' continue, for a limited time, the duties payable upon the im-
portation of tallow, hogs-lard, and greafe : and whereas an a5i
3 was

Hosted by Google

1 773-] Anno decimo tertio GeorGII III. c. 6, 7. 15

was made in the tenth year of his prefent Maje/ifs reign, to continue AaioGeo.IlI-
the /aid aB until the twenty-fifth day ^/ March, one thoufand feven
hundred and feventy-three : And whereas the allowing the importa-
tion of tallow^ hogs-lard, and greaje, for a further time, may he of
great advantage : May it therefore pleafe your Majefty, that it
may be enaded ; and be it enaded by the King's moft excel-
lent majefty, by and with the advice and confent of the lords
fpiritual and temporal, and commons, in this prefent parlia-
ment afTem bled, and by the authority of the fame. That the further con-
faid aa of the feventh year of his prefent Majefty's reign, and ^^^^"^^^ ^"^^*
^11 and every the claufes, provifions, penalties, forfeitures, al- ^^^^^
lowances, matters, and things therein contained, fliall be fur-
ther continued, from the expiration thereof, until the tWenty-
fifth day of March, one thoufand kvtn hundred and feventy-
lix, as fully and effedually, to all intents and purpofes, as if
the fame were inferted and re-ena6led in the body of this pre-
fent a6t,

11. And whereas the free importation of fait ed beef, pork, bacon,
hams, and cheefe, from any part of Europe, for a limited time,
may be of great advantage-, be it enadled, That, from and after After the pafT.
the paffing of this ad, the importation of falted beef, pork, jng ^^^eoK,
bacon, hams, and cheefe,' from any part of Europe into Great ^^^^^^ ^^^^^
Britain, be admitted free of duty, until the firft day of Janua- hams, and '
7-y, one thoufand feven hundred and feven ty-four^ and that all ci.eefe, from
the claufes, provifions, penalties, forfeitures, allowances, mat- any part of

ters, and things, contained in the faid ad of the feventh year ^f^f^-^^}

r- ? . <- ^-1. /r • /-I » • /111 I 11 n 1 be aamitted

of his prefent Majefty s reign, (hall extend, and be conltrued duty free till

to extend, to the importation of falted beef, pork, bacon, January i,

hams, and cheefe, J774«

CAP. VI.

An a6l for conrinuing and granting to his Majefty certain duties upon
malt, mum, cyder, and perry, for the fervice of the year one thousand
feven hundred and feventy-three.

CAP. VII.

An all for allowing the free importation of rice into this
kingdom, from any of his Majejlfs colonies in America,
for a limited time ; and for encouraging the making of
fi: arch from rice.

WHEREAS the allowing the free importation of rice, from Preamble,
any of his Majefty s colonies in America into Great Britain
for a limited time, is, and will be, of great advantage, and may be
a means of encouraging the making of ft arch from rice: may it
therefore pleafe your Majefty that it may be enaded ; and be it
enadted 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 alTembled, and by the After the paflT-
authority of the fame. That from and after the palling of this ing hereof,
act, it (ball and may be lawful for anv perfon or perfons to im- T^^^ maybe
^QXi'miQ Great Britain, from any of' his Majefty's colonies in B^^f^^^J^^^^J^^^^

America, A^merica,

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'^ Anno decimo tertio GeoRgiI III. c. g, 9. [1773.

beforlrir^ ^w^^^'^j. at any time or times b^efore the firft day of May, om
1780'withouV^^^^^^"^ ^^^^" hundred and eighty, any rice, without the pay-
payment of '^^"^ ^^ ^"7 f^hfidy, cuftom, duty, or impofition whatfoevef;
duty. any thing in any former ad or ads of parliament to the con-

trary thereof in any wife notwithftanding.
All fucli rice H. And be it further enaded by the authority aforefald, That
warfs ex^^^^^ for and upon all rice which (hall be imported into this kingdom
eci, to pay to duty-free, by virtue o\ this a^, and which (hall be again ex-
hisiv^aielly, ported thereout, there (hall be paid and anfwered to his Ma-
&c. a lliblldy je(iy, his heirs and fucceffors, a fubfidy of poundage of fix-
pou^nd^a/bv P^'^^^ ^" the pound, according to the value or rate fet upon
A61 iz'Car.II. ^'^^^ imported, in the book of rates referred to by the a6l of the
twelfth year of king Chatties the fecond ; which faid fublidy of
fixpence in the pound, upon fuch rice fo exported, (hall be
raifed, levied, colJeded, and recovered, by fuch ways and
means, and under fuch rules, regulations, penalties, and for-
feitures, as the fubfidy or poundage for any goods or mer-
chandife exported from Great Britain^ may be "raifed, levied,
colleded, or recovered, by any a6l of parliainent now in force,
as fully and effedually, to all intents and purpofes, as if the
fevera) claufes, powers, dire6\ions, penalties, and forfeitures,
relating thereto, were particularly repeated and attain enabled in
the body of this prefent a6t.
The duties to III. And be it further enadled by the authority aforefald. That
be paid into ^j^g fgj^j duties, granted by this ad upon rice exported, (hall (the
exct^eqaen n^ceflary charges of management excepted) be paid into the
receipt of his M^jefty's exchequer, and be there referved for the
difpofition of parliament.
After the paff- JV. Jnd whereas William Prince is intiiled^ under certain let-
ing hereot, all ^^^^ patent^ granted to him fome time in the year one thoufand (even
perlons may , f, f r •/. ./ r i j i r . . -^ ^ ■' ■, .

make ftarch ot '^^^^^'^^' (^na pxty- eight , to the joie and exclufive right oj making
rice, William Jlarch from rice for the term of fourteen years, commencing from
Prince^s let- the date thereof \ and the faid William Prince hath corfented to
ters patent ^a\ye all benefit^ under the faid letters potent^ for the general ad-
J] *^* ' ^* " tJ''ntage of the farch ma^iufa^ory \ be it fun her ena<Sted by the
authority aforelaid, That, from and after palFing of this 26!, it
(hall and may be lawful for any perlbn or perfons whomfoever
to make ftarch of rice, the faid letters patent, or other matter
or thing to the contrary notwithftanding.

'C A P. VIIL
An 3(51: for granting an aid ro his Majefty by a land-tax, to be raifed in
Great Britain, for the fervice of the year one thoufand feven hundred
and levenry-three, at three fhiiungs in the pound.

C A P. IX.

An a5l to refirain the Eaft- India Company, /(?r ^ /zW/<?i
time^ from making any appointment af commifftoners for
fuperintending and regulatiiig the Company's affairs^ at
their prefideyicies in the Eaft-Indies.
Preamble. T^A/^^ ^^^ united company of merchants <?/ England

W trading to the Eaft-Indies have named commiffoners^ to be
appointed with sxtraordinary pcivcrs for Juperint ending and regulat-
ing

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t^y^.] Anno decimo tertio Georgii III. C. lO, ii, 12. 17

ifjg the company's affairs at their prefidencies in the Eaft-Indies :
And whereas^ in the prefent fituation of the /aid company^ and
while their affairs are aSluoUy, at this time^ under the immediate
■confideration of parliament^ it is highly inexpedient that any great
and important alteration Jhould he made ^ and that at a very great
expence^ in the method of conducing and managing the bufmefs and
affairs of the faid company in India : be it therefore enaded by
the King's moH: excellent majefty, by and with the advice and
confent of the lords fpiritual and temporal, and commons in
this prefent parliament aOembled, and by the authority of the
fame^ That, during the fpace of fix calendar months, to be
computed from the feventh day of Z)^^^;;7^^r, one thoufand kvtn f^'^^^^^^J^
hundred and feventy-two, it Ihall not be lawful for the united j^^^.'^^^^ p^/
company of merchants of England trading to the Eaji Indies^ ^xynottogvoint
or for any perfon or perfons on their behalf, to make any ap- commiffiou
pointment of commilTioners, or for fuperintending and regular- !^^ .^'^P'^^i^':
ing the bufinefs and affairs of the faid company in India, or to btLdf in^"^
make any commiflion or grant whatfoever, whereby any ex- jj^dia,
traordinary and unufual powers may be vefted in any perfon or
perfons, for the purpofe of managing the bufinefs and affairs
aforefaid; but that, if any fuch appointment, commiffion, or
grant, (hall be made within the time aforefaid, the fame ihall
be abfolutely null and void, unlefs by fome aa of parliament, "^lefs fome
to be made in this prefent feffion, permifTion (hall be given to ^^J [^^^^^^^^^
the faid company to make fuch appointment, commifTion, or p^f^^
grant, within the time aforefaid ; in which cafe, from and im-
mediately after the expiration of the time which fhall be limited
by fuch a(5t', it fhall be lawful for the faid company to proceed
in fuch manner, with relation to the appointment of their of-
ficers, agents, and fervants, in all refpedls, as they might have
done if tiiis ad had never pafTed.

C A P. X.

An a6l for punifliing m'Uiny and deCertion ; and for the better payment

ol the army and their quarters.

CAP. XL

An a6l ioi- the regulation of his Majefty 's marine forces, while on fliore«

CAP. XII.

An a5f to indemnify fitch perfons as have omitted to qualify
them [elves for offices and employments within the time h-
mtedby laiv, and for giving further time for that pur-
' pofe ', and to give further time to fuch perfons as have
omitted to make and file affidavits of the execution of in-
dentures of clerks to attornies and folicitors.

WHEREAS divers perfons, who, on account of their offices. Preamble^
places, employments^ or projeffions, or any other cauje or oc-
cafon, ought to have taken and fubfribed the oaths, or the offuv"
ance, refpe^ivdy appointed to be by fuch perfons taken and fubf crib -
VOL.XXX^ C ed.

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i8 Anno decimo tertio Georgii III. c. 12. [1773.

Perions who eJ^ in nnd by an a5l^ made in the firji year of the reign of his late
to't-tkeThe^'^ ^%V?y ^^'?^^ George ^^^ j^r/?, of glorious memory, [intituled. An
Oaths an- ^^ ^^^ ^^^^ further fecurity of liis Majefty's perfon and govern-
poinred by ment, and ihe fuccefllon of the crown in the heh's of the late
A6t. I. Geo.i. princefs Sophia^ behig proteftants ; and for extinguifhing the
hopes of the pretended prince of JVales, and his open and fe-
cret abettors j) or to have qualified themfelves according to an aB^
A6i: 1 3 Car. %. made in the thirteenth year of the reign of king Charles the fecondy
(intituled^ An act for the well-governing and regulating corpo-
rations;) cr to have qualified themfelves according to another a^^
AQ 25 Car.i, made in the ivjenty- fifth year of the reign of king Charles ihe fecondy
[intituled^ An ad for preventing the dangers which may hap-
pen from popilh recufants, by receiving the facrament of the
Lord's- Supper according to the ufage of the church oi England^
and making and fubfcribing the declaration againft tranfubftan-
tiation therein mentioned ;) or according to another aB^ made in
30 Car. a. the thirtieth year of the reign of king Charles the fecondy {inti-
tuled^ An ad for the more efFedual preferving the King's per-
fon and government, by difabling papifts from fitting in either
houfe of parhament;) or according to another a5l^ made in the
8 Geoii. eighth year of the reign of his late Majejiy king George the firfty
(intituled^ An ad for granting the people called quakers fuch
forms of affirmation or declaration as may remove the difficul-
ties which many of them lie under ;) or according to another a^y
^ Geo 2. nicide in the ninth year of the reign of his late Alajcfiy king George
the fecondy (intituled^ An ad for indemnifying perfons who
have omitted to qualify themfelves for offices witln'n the time
limited by law, and for allowing further time for that purpofe ;
and foramendingfo much of an ad, pafled in the fecood year of the
reign of his prefent Majefty, as requires perfons to qualify them-
felves for offices before tlie end of the next term or quarter-feffi-
ons ; and alfo for enlarging the time limited by law for making
and fubfcribing the declaraiion againft tranfubfcantiation ; and for
allowing a further time for inrolment of deeds and wills made
by papifts; and for relief of proteiiant purchafers, devifees, and
18 Geo. 2o leflees ;) or according to another a5l^ made in the eighteenth year of
the reign of his late Majefiy king George the fecond, (intituled^
An ad to amend and render more effedual an ad pafTed in the
lifth year of liis prefent Majell/s reign, intituled, Jn a6i for
the further qualification ofjuflices of the peace \) or according to another
and aa 6. ^^, made in the fixth year of the reign of his prefent Majefty, [intituled^
Geo. 3. An ad for altering the oath of abjuration, and the adurance;

and for amending fo much of an ad:, made in the feventh year
of her late Majefty queen Anne^ intituled, An aut for the im-
provement of the union of the two kingdoms^ as, after the time
therein limited, required the delivery of certain lifts and ,co-
pies therein mentioned to perfons indided of high treafon, or
mifprifion of treafon,) have^ through ignorance of the laiu^ ah-
fence, or fome unavoidable accident^ omitted to take and [uhjcribe the
faid oaths and ajfi^rance^ and. make and fubfirihe the declaration re-
quired by laiVy or other wife to qualify themfelves^ qs aforefaidy
9 within

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1773O Anno decimo terdo GeoRGII III. C. 12. 13

within fuch tlme^ and in fuch mamier^ as in and by the /aid a 51s re-
fpe5iively^ or by any other aB of parliament in that behalf made ^ is
required^ whereby they have incurred^ or may he in dafiger of incur-
ring^ divers pen2lties and difabilities : for quieting the minds of his
Majefiy's fubje^lSj and for prevenfmg any inconveniences that might
otherivife happen by means of fuch omiffons ; be it ena(fled by the
King's moft excellent nnajefty, by and with the advice and
conftnt of the lords fpiritual and temporal, and commons, in
this prefent parliament afTembled, and by the authority of the
fame, That all and every perfon or perfons who, at or before qualifying be-
the pafling of this a6l, hath or fliall have omitted to take and torethepaffing
fubfcribe the faid oaths and declarations, or to receive the fa- *^^ ^^^^'^ ^"^^*
crament of the Lord's fupper, or otherwife to qualify him, her,
or themfelves, within fuch time, and in fuch manner^ as in and
by the faid ads, or any of them, or by any other ad of
parliament in that behalf made is required; and who, after
accepting any fuch office, place, or employment, or under-
taking any profelTion or thing on account of which fuch qualiti-
cation ought to have been had, and is required, before the
pafUng of this a<ff, hath or have taken and fubfcribed the faid
oaths, or made the declarations required by law, and alfo re-
ceived the facrament of the Lord's fupper according to the
ufage of the church of England^ or who, on or before the twen- ^^ before Dec.
ty fifth day of Detember^ one thoufand fevcn hundred and fe- 25, 1773,
venty-three, fiiall take and fubfcribe the faid oaths, decla-
rations, and aiTurance refpedively, in fuch cafes wherein by law
the faid oaths, declarations, and afTurance, ought to have been
taken or fubfcribed, in fuch manner and form, and at or in
fuch place or places, as are appointed in and by the faid ad,
made in the firft year of the reign of his faid late Majefty king
George the tirfl:, or by any other ad or ads of parliament in that
behalf made and provided, and alfo hath or have received, or
fiiall, on or before the faid twenty-fifth day of December^ one
thoufand {^M^trx hundred and feventy-three, receive the facrament
of the Lord's fupper according to the ufage of the church of
England^ in fuch cafes wherein the faid facrament ought to have
been received, and hath or have made and fubfcribed, or (hall,
on or before the faid twenty-fifth day oi December^ one thoufand
feven hundred and feventy-three, make and fubfcribe the faid
declaration againfi: tranfubftantiation, and alfo hath or have
made and fubfcribed, or (hall, on or before the faid tweniy-iifih
day of December^ one thoufand feven hundred and fevcnty-
three, make and fubfcribe the faid declaration, in the faid fta-
tute made in the thirtieth year of king Charles the fecond, in
fuch cafes wherein the faid declarations ought to have been
made and fubfcribed, and take and fubfcribe the oath direded
by the faid ad, made in the eighteenth year of the reign of his
late Majefty king George the fecond, in fuch cafes wherein the
faid oath ought to have been taken and fubfcribed, in fuch
manner as by the faid ad is direded, (hall be, and are '^^^^^Y i,^demnified
indemnified, freed, and difcharged, from and againft all pe- ^o-^i^.^it for-

C 2 iialties, tcitmes.

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20 Anno decimo tertio Georgii III. c. 12, [1773.

naltles, forfeitures, incapacities, and difabilities incurred, or
to be incurred, for or by reafon of any negle6l or omiiTion,
previous to the pafTing of this a61, or taking or fubfcrib-
ing the faid oaths or affurance, or receiving the facrament,
or making or fubfcribing the faid declarations, or taking
or fubfcribing the faid oath, according to the above-mention-
ed a6ls, or any of them, or any acft or a6ls ; and fuch per-
fon and perfons is and are, and fhall be fully and adually re-
capacitated and reftored to the fame ftate and condition, as he,
ihe, or they were in before fuch negied or omiffion, and (hall
be deemed and adjudged to have duly qualified him, her, or
themfelves, according to the above-mentioned a6ls, and every
of them : and that all eledions of, and ads done, or to be
done, by any fuch perfon or perfons, or by authority derived
from him, her, or them, are and ihall be of the fame force
?nd validity, as the fame or any of them would have been if
fuch perfon or perfons refpec^ively had taken the faid oaths or
affurance, and received the facrament of the Lord's fupper,
and made and fubfcribed the faid declarations, and taken and
fubfcribed the faid oath, according to the direction of the faid
2i^s^ and every or any of them ; and that the qualification of
fuch perfon or perfons, qualifying themfelves in manner, and
within the time appointed by this a<5l, fhall be, to all intents
and purpofes, as effedual as if fuch perfon or perfons had re-
fpe6lively taken the faid oaths and affurance, and received the
facrament, and made and fubfcribed the faid declaration, and
taken and fubfcribed the faid oath, within the time, and in
the manner appointed by the feveral a6ts before mentioned.
Not to extend II. Provided always. That this a61, or any thing herein con-
to reftore Per- tained, (hall not extend, or be confirued to extend, to refiore
fonstoany ^j. i^title any perfon or perfons to any office or employment,
by i^ucWitnt. benefice, matter, or thing whatfoever, already adually avoided
by judgment of any of his Majefty's courts of record, or al-
ready legally filled up and enjoyed by any other perfon ; but
that fuch office, employment, benefice, matter, or thing fo
avoided, or legally filled up and enjoyed, (hall be and remain
in and to the perfon or perfons who is or are now, or (hall, at
the paffing of this ad, be legally intitled to the fame, as if this
ad had never been made.
P -r m wlio ^^^' "^^^ whereas ijiany perfons hove omitted to caufe affidavits t$
fliall caule af- ^^ made^ and afterwards to be filed in the proper office^ of the a^ual
fidaviTs to be execution of feveral contra ft s in writing entered into by them to ferve
filed, before ^^ clerks to attornies or folicifors^ vjithin the time in which the fame
Michaelmas Q^gj^^ ^q j^^yg leen done^ and many infants^ and others^ may thereby
'^^^' incur certain difabilities \ for preventing thereof^ and relieving fuch

perfons^ be it enaded by the authority aforefaid, That every
perfon who, at the pafTing of this ad, (hall have negleded or
omitted to caufe any fuch affidavit or affidavits as aforefaid to
be made and filed, and who, on or before the firft day MichaeU
vias term, one thoufand feven hundred and feventy-three, fhall
caufe OHS or more affidavit or affidavits to be made, and afier->

wards

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I yj^.l Anno decimo tertio Georgii III. c. 1 3. 2 r

wards to be filed, in fuch manner as the fame ought to have t
been made and filed in due time, fhall be, and is hereby in-
demnified, freed, and difcharged, from and againft all penal- are indemni-
ties, forfeitures, incapacities, and difabilities, in or by any ad ^^ar^H from
or a6ts of parliament mentioned and incurred, or to be incurred, penatdes.
for or by reafon of fuch negledl or omifllon ; and every fuch
affidavit and affidavits fo to be made, and which fliall be duly
filed on or before the faid firft day of Michaelmas term, one
thoufand feven hundred and feventy-three, fhall be as effedual,
to all intent^ and purpofes, as if ihe fame had been made and
filed within the refpedive times the fame ought, by the laws
now in being for that purpofe, to have been made and filed.

CAP. XIII.

Jn a5i to enable certain ferjons therein named to continue to
work a pejile-millj heretofore employed and ufed in making
battle gunpowder^ at Old Forge Farnn, in the parifh of
Tonbridge, in the county of Kent.

WHEREAS by an a5t^ pajjed in the tivelfth year of the reign Preamble.
of his prefent Majefiy^ [intituled^ An ad to regulate the Aa izOeo. 3,
making, keeping, and carriage, of gunpowder, within Great Bri-
tain ; and to repeal the laws heretofore made for any of thofe
purpofes,) it was ena6led^ That no perfon or perfons zvhatfoever
Jhould for the making of gunpowder^ employ^ work^ or ufe^ any
mill or engine^ worked with a pefle or pe files ^ and commonly called a
Peftle-mill ; with an exception^ that nothing in that a5l JJ)ould ex-
tend^ or he conjlrued to extend^ to the powder mills at that time
ere^ed in the parijhes of Battle, Crov\'hurfi:, Seddlefcomb, and
Brede, in the county of SuiTex, fo far as the fame related to the
making fuch fine fowling gunpowder only as is known a?td dijlin^
guijhed by the name of Battle- Powder : And whereas Thomas
Hooker, of Tonbridge, in the county of Kent, efquire^ Thomas
Swayne, of the fame place^ gentleman^ and William Moon of
Tonbridge Wells, in the faid county^ carpenter^ were^ before the
paffing of the fold a5t^ poffffedif a certain gunpowder mill^ fituate at
Old Forge Farm, in the pariflo <?/^Tonbridge aforefoidy which zvas Mill at Old
then and alivays had been worked with pejlles^ and ufed and etn- Forge Farm,m
ployed in making fuch fine fowling, gunpowder ^ and no other : may ^^^ parifh of
it therefore pleafe your Majefty, That it may be enaded, and ^e^contmued^
be it enadted by the King's moft excellent majefty, by and with working,
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 nothing in the faid a6t contained,
fo far as the fame relates to the ufe of peftles, (hall extend, or
be conftrued to extend, to the faid mill fo fituate at Old Forge
Farm as aforefaid ; but that they the faid Thomas Hooker,, Tho^
mas Swayne and TVilliam Moon^ their heirs, executors, admini-
ftrators, and alTigns, fhall and may continue to work fuch mill
with peftles, fo long only as the faid mill fhall be ufed and em-
ployed for the fole purpofe of making fuch fine fowling gun-

c 3 powder

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^2 Anno decimo tertio Georgii III. c. 14. [1773.

powder only, as is known and diftinguiihed by the name of

Battle Gunpowdew

A^ not 10 ex- II. Provided always, and be it further enaded by the autho-

ttnd to any rity sfo^efaid. That nothing in this a6l contained fhall extend,

other mill. or be conftrued to extend, to any other gunpowder mill that

may or (hall have been eredled or built fince the pafling of the

faid ad, or that (liall or may hereafter be erecled or bi^ilt, but

to fuch mill only.fo built and ufed at Old Forge Farm aforefaid,

before the paffing of the faid a6t.

CAP. XIV.

An aSl to encourage the juhje^s of foreign ftates to lend
money upon the fecurtty of freehold or leafehold ejiates^ in
any of his Majejtys colonies in the Weft Indies ; and to
render the fecurities granted to fuch aliens effectual for re-
covering payment of the money fo to be lent^ by fale of fuch
freehold or leafehold efiates.
Preamble. 1I"XTHEREAS the cultivation and improvement of eftates in
V V l^i^ Majejly's colonies in the Weft Indies, and the erecting
of fugar works and other neceffary buildings thereon^ are attended
vSith great expence\ and the proprietors of fiid> eflates are often
obliged to borrow large fvms of money for thefe purpofes^ upon the
credit of fuch ejiates : and whereas it has been found difficult to pro-
cure fufficieni loans from the fubje^s of this kingdom^ and it would
tend greatly to the improvement of fuch eflates^ and to the publick
benefit^ if money could be borrowed at a reafonahle rate of interefi^
from the fubjeBs of foreign flat es^ for the purpofes aforefaid-^ but
doubts have arifen^ zvh ether ^ as the law now /lands ^ any fecurity^ in
the nature of a mortgage granted to a foreigner^ or alien^ or to any
perfon in trujl for him ^ can be made effe5lual ogainji fuch' eflates^ for
recovering the money lent thereon : and whereas no foreigner or alien^
as the law now Jlands^ can bring or profecute any fuit^ for the re-
covery of money ^ in any court of loiv or equity zuithin his Majeflfs
dominions^ at a time vuhen the flat e^ of zuhkh Juch alien is a natural-
born fubjeofj is at war with this kingdom : in order to remove fuch
doubts^ and to encourage foreigners^ or aliens^, to lend money upon the
fecuriiy of fuch ejiates ; be it enacted by the King's moft excel-
lent majefty, by and with the advice and content of the lords
fpiritual and temporal, and commons, in this prefent parlia-
Aft-r the paf- nient affembled, and by the authority of the fame. That, from
fing^of this and after the pafling of this a61, it ihall and may be lawful to
aat foreign- and for all and every perfon and perfons, being foreigners, or
ers may lend ^\\^^^^ to lend money, at a rate of intereft not exceeding five;
J^rTirnoV^x pounds per centum per annum, upon the fecurity of any free-
ceeding 5I. hold or leafehold eftate, in any of his Majefty's colonies m the.
per. cent, on Weft Irjies, and to hold the fame as an effectual fecurity for the
the fecurity of ^^^^y lent, and to profecute any fuit or fuits for recovering the
freehold ef- ^^^^^ ^^ herein-after mentioned, whether the foreign ftate, of
which fuch alien is a natural-born fubjed, be at war with this

tates in the
Weil Indies

kingdom or not.

II. An4

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I773'] Anno decimo tertio Georgii III. c. 14, 23.

II. And be it enaded by the authority aforefaid. That in In cafe of
cafe of non-payment of the money lent upon any fuch fecurity, non-payment,

1 • f • n- 1 I 1 1 'u ru u , ^A ^iJits may be

at the time therem ftipulated and agreed upon ; it maii and ^j^ouj^ht at

may be lawful to and for all and every fuch foreigners, or common law,
aliens, to bring and profecute, by themfelves or their lawful for recovery
attorneys refpedlively, any fuit or fuits at common law for the ot demands 5
recovery of their demands, on any bond, or other collateral
fecurity, given or entered into, or on any covenant on the part
of the borrower, contained in any fuch mortgage, deed, or
deeds; and alfo his, her, or their bill or bills in the court of 0^;^" the court
chancery of the colony, where the eftate, on which fuch ^*^<^^~ foi-^the^colo^y;
rity fliall have been granted, lies, praying a decree of fale of
the faid mortgaged premifes, for payment of the debt due there-
on ; in which faid fuit or fuits the plaintiff or plaintiffs fliall be ^.^^^^^ p!^^""
intitled to like remedy and remedies, for recovery o^ his ^^et)t ^^|^ ^^^ J||^^^^^^^
and cofts due, as any Britijh fubjedt now mayor can ^'^'^'^^ ^ xtmt^y iov
except the being intitled to have or obtain, diredlly or indiredl- recovery, as
]y, the actual poiTelTion of any fuch mortgaged premifes, by any Britidi fub-
procefs of execution whatfoever at the common law ; or to '^ ^'
foreclofe the equity of redemption of fuch mortgaged premifes
by any decree or order of any court of equity whatfoever.

III. And be it enaded by the authority aforefaid. That the Courtofchan-
faid court of chancery, where fuch bill or bills (hall be brought, ^he^faleaf
may and fhall diredt and order the fale of fuch mortgaged mortgaged
premifes, in the fame manner as in cafes where the mortgager premises as in
hath confented to a fale of the fame ; any law, ufage, or prac- ^^^^ where
tice to the contrary thereof in any- wife notwithftanding. hath"confenu^

IV. And whereas upon hills brought fcr the redemption of fuch ed to a fale.
mortgages^ inconveniencies may ar'ife from the want of means to com- Inconvenien-
pel fuch foreigners^ or aliens^ or their reprefentaiives^ to appear to cies arifmg -
fuch billsy zvho may refide out of the juriJdi5lion of the court where ^'?"^ ^^^ ^^"^
fuch hills may he brought ; be it enaded by the authority afore- compel"fo-^
faid. That, in all fuch cafes, fervice of any writ or procefs of reigners to
fuch court, upon the known attorney or agent of fuch foreigners appear to fuch
or aliens refiding within the jurifdidion of the faid court refpec- bills, how to
tively, fl^all be deemed good fervice of fuch writ or procefs up- ^P^^v^J^ ^ •
on any fuch foreigner or alien : and iri cafe the defendant or
defendants (hall be abfent, and have no fuch attorney or agent

refident within the jurifdi6tion of the court, upon affidavit
thereof made by the perfon or perfons feeking fuch relief, or by
his, her, or their attorney, duly conftituted to the fatisfadion of
the court out of which fuch writ or procefs fhall iflue, (in
which affidavit rt^ali be expreifed the place of refidence of fuch
foreigner, according to the beft of the deponent's information
and belief,) it (hall be lawful for fuch court to iffue a commif-
fion under feal to commilfioners therein to be named, authorl-
fing fuch commiffioners to take affidavit of the fervice of fuch
writ or procefs on the defendant or defendants perfonally, or
his, her, or their ufual place of relidence, and to certify the
fame ; and fuch affidavit, returned with fuch commilfion into
the faid court, (hall be competent evidence of the fervice of fuch

c ^ writ

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^4 Anno decimo tertio Georgii III. c. 14. [^773^

writ or procefs ; any law, cuftom, or ufage to the contrary in

any-wife notwithftanding : and if the defendant or defendants

(hall not, within fix months after fervice of the faid writ or

procefs, upon the attorney or agent in the colony, or upon the

defendant or defendants abroad, appear to the faid bill, either

m perfon, or by feme attorney or attorneys for that purpofe,

lawfully to be appointed under hand and feal, or according to

the ulage of the country to which the defendant belongs; then,

and in fuch cafe, the court of chancery in which fuch fuit (liall

be brought is hereby authorifed and recjuired to take the bill

p^'o confe^o^ and to order and decree an account to be taken, by

one of the mafters of the faid court, of what is due to the de«

fendant or defendants for principal and intereft, and alfo for

cofts, if any; in taking of which account, the complainant or

complainants fl:iall be obliged to (hew or produce, before the

mailer, proper vouchers for all credits that he, fhe, or they

Courtofchan- fhall claim : and the faid court is hereby further authorifed, on

eery may on ^he Corning in of the maffcr's report, to make a final decree^
the comifio' • • « *

in of the maf- ^ppomtmg a time and place for payment of the fam, which, by

ter's report, ^uch report, (hall appear to be due to the defendant or defend-
make a final ants, together with intereft on the faid principal fum, until ten-
decree for dered as herein-after mentioned, and adjudging a redemption of
paymen . ^j^^ mortgaged premifes, upon the payment of the faid princi-

pal and intereft, and cofts, if any, either to the defendant or
c'efendants, or to his, her, or their lawful attorney or attorneys,
to be conftituted as aforefaid, or into the bank o^ England^ as
herein-afier prefcribed.
Morfgagees V. And be it further enaded. That, after a time and place

refufing^tore- for redemption of any fuch mortgage, and the fum of money
tendered the ^^ ^^ P^^*^ ^^^ ^^^^ redemption fliall be afcertained by the faid
mortgager is Court, according to the ufual courfe of proceeding in cafes of
to pay the redemption of mortgages, if the fum of money fo to be paid
fame into the fj-j^u 5^ ^\^^y^ ^.x^d^ there lawfully tendered, and if fuch mortgagee
land. ^^" ^^ mortgagees, or his or their reprefentative or reprefentatives,
attorney or attorneys, fhall refufe to receive the fame, or (liall
not attend for that purpofe 5 then, and in either of fuch cafes, it
fhall be lawful for the mortgager or mortgagers, or his or their
legal reprefentative or reprelentatives, or his, her, or their attor-
ney or attorneys, to pay fuch fum of money into the bank of
England^ in the name, and with the privity of the accountant-
general of the high court of chancery of England^ to be placed
to his account there ex parie^ the mortgager or mortgagers, or
his or their reprefentative or reprefenrarives, purfuant to the
pu-fuant to method prefcribed by the a(5l of the twelfth year of the reign of
a<^t 12 Geo. I. his late majefty King George the Firft, (intituled. An Ocl for
better fecuring tb£ moneys and ejfe^s of the fuitors of the court of
chancery^ and to prevent the counterfeiting of Eaft India bonds and
and according indorfements thereon^ as lihwife indorfewents on South JSea bofids^)
to the gene- and the general rules and orders of the faid court, and without
ral rules ot f^^ ^^ reward, according to the ad of the tvv'elfth year of the
aftii G^eo z ^^^t?^^ ^^ ^'^ ^^^^ majefty King George the Second, (intituled.

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I773-] "Anno decimo terdo Georgii III. c. 14.' 25

Jn Cut to impower the high court of chancery to lay out^ upon proper
fecuriticSy any moneys not exceeding a fum therein limited^ out of the
common and general ca/Jj in the bank of England belo?^ging to the
fuitors of the faid courts for the eafe of the f aid fuitors^ by applying
the interejl arijtng therefrom for anfivering the charges of the office
of the accountant-general of the faid courts) there to remain for the for the benefit
benefit of the mortgagee or mortgagees, their executors, admi- of the mort-
niftrators, or afligns, and to be laid out on government or par- S^S^^^*
liamentary fecurities, as herein-after mentioned, until he, (he,
or they fhall, upon a petition to be preferred to the high court
of chancery, in a fummary way, at his, her, or their expence,
obtain an order of that court for the payment thereof, and of
all intereft, profits, and dividends arifing therefrom.

VI. And it is hereby further enaded by the authority afore- A certificate
faid. That a certificate or certificates of the accountant general, of the ac-
under his hand, (which he is hereby direded to give without ^eraUor'tlit
fee or reward, as well to the mortgager or mortgagers, his, her, payment, to
or their heirs, as to the mortgagee or mortgagees, his, her, or be an efFeaaal
their executors, adminiftrators, or afiigns, upon application difcharge to
made to him for that purpofe,) that the mortgager or mortga- the mortga*
gers, or his, her, or their heirs or reprefentatives, attorney or ^^^'
attorneys, have paid fuch fum into the bank of England^ (liall

be a good and effedual difcharge to the mortgager or mortga-
gers, or his, her, or their heirs ; and that after fuch certificate
ihall be fo given, the mortgager or mortgagers, his, her, or their
heirs or alligns, and all and every other perfon and perfons who
fliall or may be furety or fureties for the payment of the fum
originally lent, or the interefi: thereof, (hall be, and are hereby
abfolutely, acquitted, releafed, and difcharged of and from the
fame ; and that the legal eftate, and all other the intereft af the
mortgagee or mortgagees, or of his, her, or their reprefentative
or rqprefentatives, in the mortgaged premifes, (hall be, and is
hereby declared to be, from and after the granting fuch certifi-
cate or certificates, revefted in the mortgager or mortgagers, or
his, her, or their heirs refpedively, or in whom he, (he, or they
ihall refpeclively appoint.

VII. And be it further enaded by the authority aforefaid. Before appli-
That, in the mean time, and until the mortgagee or mortga- cation to
gees, or his, her, or their legal reprefentative or reprefentatives, ^^^^"cery far
fliall apply hy petition to the high court of chancery, for an or- re^ceive^Ve^
der to receive the faid fum, the faid accountant-general (hall, fum, the ac-
and he is hereby direded and impowered to place out the fame councant is
on government or parliamentary fecurities ; and fhall pay the ^^ P'^^^ '^ ^^^
Intered, dividends, or profits therefrom arifing, from time to ^^^^^J^^J^/^^^
time, as the fame fliall become due and payable, unto the per-
fon or perfons who (hall be intitled to the fum fo paid into the

faid bank.

VIII. And be it further enabled by the authority aforefaid, Coprt of
That the faid high court of chancery fhall, and is hereby re- chancery to
quired and authorifed to make an order for the payment of the o^^^*" pay-
fum that (hall be fo paid into the faid bank as aforefaid, and of ^e^UdTnto.

all

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^6 Anno decimo tertio Georgii III. c. 15,— 19. [1773.

the bank, &c. all dividends, profits, and intereft therefrom arifing, to the per-

tion ?n a rJm- ^^" ^^ P^^fons intitled thereto, upon an application made to the

jnary way by' ^^^^ ^^^^^ ^Y Petition, in a fummary way, by the mortgagee or

the mort- mortgagees, his, her, or their executors, adminiftrators or af-

gagee. iigns ^ on hearing of which petition it (hall be fufficient for the

petitioner or petitioners to prove, to the fatisfadion of the

court, that he, (he, or they, is or are the perfon or perfons for

whofe ufe or benefit the money was fo paid into the faid bank,

or that he, (he, or they, are the legal reprefentative or reprefen-

tatives of fuch perfon or perfons, without requiring any of the

proceedings in the court of chancery of the colony in the caufe

to be tranfmitted hither ; and upon producing fuch order to the

accountant-general, the money (hall be paid to the perfon fpe-

cilied in fuch order, or to his, her, or their lawful attorney or

attorneys, Vv/ithout fee or reward.

Pu'blick aa. IX. And be it enaded by the authority aforefaid. That this

a6l (hall be deemed, adjudged, and taken to be a publick ad ;

and ihall be judicially taken notice of as fuch by all judges,

juftices, and other perfons whomfoever, without being fpecially

pleaded.

C A P. XV,

An aft for paving, cleanfing, and lighting the High Street, Eaft Street,
and Weft Street, in the tov^n and parifhes of Gravefend and Milton, in
the county of Kent 5 and for lighting the other (Ireets j and for re-
moving all incroachments and annoyances within the faid towri and
parifhes.

C A P. XVI.

An aft for taking down the (hire hall of the county of Devon, and for
building a new (hire hall in a more commodious manner.

CAP. XVII.

An a6l for making the exemplification of the laft will and teftamej?vc °^
William earl of Blefington, in the kingdom of Ireland, deceafedf ?;vi-
dence as well in Ireland as in Great Britain.

CAP, XVIII.

An a6l to repeal an a6l, paffed in the ninth year of the reign of his pre-
fent Majelty, intituled, An a6l for the more effeftual relief of the poor
in the county of Devon j and for other purpofes therein mentioned.

CAP. XIX.

An a8: to amend and render more efTeftual an aft pafled in the twenty-
fecond year of the reign of his late raajefty King George the Second,
intituled, An aft for draining and improving certain fen lands within
the manor and parifhes of Upwell and Outwell, and in the parifhes of
Denver and Welney, in the lOe of Ely, and counties of Cambridge and
Norfolk, fo far as the fame relates to the lands lying on the fouth fide of
Popham's Eau.

Preamble. Aft ^^ Geo. a. A tax to be laid by the commiflioners ap-
pointed by the former aft, not exceeding 1 s per Acre, Commiffioners to
determine differences between landlords and tenants. Upon nonpayment
of tax, and notice given, the fame to be levied by diftrefs and fale. Pe-
nalty on nonpayment. Land and ftock to remain fecurity for the pay-
rnent of taxes. Commiflloners may bori'ow money. Application of mo-
Xiey. Taxes chargeable with payment of money borrowed. A(Iignments
m^y be transferrtd. Transfers to h)e entered in books. Clai^fe to com-
pel

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^Il^^l

Anno decimo tertio GeoRGIi III. c. 20. 27

pel owners to fcoiir dikes, &c. Penalty on neglefl. Perfons making wa-
tering-places in mill drains, or drawing carriages on the banks, fliall for-
feit 40s. Perfons ere6ting buildings, or planting trees near any mill to
forfeit, for every houfe or building 40 1. 5 for every tree, is. ; for every
holt, 5 1. CommifTioners may make allowance for catching vermin. Qua-
lification of CommifTioners. No order to be revoked, but by a greater
number than made it, nor without notice. Not to prejudice William
Barnes in maintaining his banks. Limitation of a6lions. General ifTue.
Treble cofls. Expences of meetings not to exceed 20s. Rights of the
confervators of Bedford Level faved, as by 15 Car. 2. Publick a6l.

CAP. XX.

An a6l to amend and render more effectual an a6l, made in the thirty-
third year of the reign of his late majeily King George the Second, in-
tituled, An ad for draining and preferving certain fen lands and low
grounds in the Ifle of Ely, and counties of Suffolk and Norfolk, betweea
Mildenliall river, fouth, Plant Load and Brandon river, north, bounded
on the weft by the river Oufe, and on the eaft by Winter Load, Earfwell
brook, and the hard lands of Mildenhall 5 and for impov?Fering the go-
vernor, baihfFs> and commonalty of the company of confervators of the
great level of the fens, commonly called Bedford Level, to fell certain
fen lands lying within the limits aforefaid, commonly called invefted
lands j To far as the lame relates to the feveral fen lands and low grounds
lying in the firft diftrifl defcribed in the faid acl.
Preamble. A6f 33 Geo. 2. A further tax to be laid. No further fum to
be borrowed durmg the continuance of the additional tax, except on
emergency. CommifTioners may fufpend the additional tax if monies due
fhall be reduced to 6000 1. Additional tax to be paid in moieties by land-
lord and tenant. Penalty for deftroying the banks by burning lands, to
be levied by diftrefs and fale ; or offenders may be committed. Owners
and occupiers to repair, and fcour, ditches and tunnels. Penalty on neg-
lect, is 3d, per rod. Owners of mills reftrained from throwing water up-
on the lands of other perfons. A6ling commiflioners are to prevent any
injury from private drainage* River banks not to be cut but under the
infpe61:ion of the commiffioner's officers. Nothing contained to prevent
Mr Jones from imbanking and feparately draining his lands. Limitation
for the digging of turf. The time of paying the taxes to be appointed
by commiffioners. Penalty, in cafe of nonpayment, is 3 s. 4d, for every
20 s. due. Commiffioners may fell lands for payment of taxes. Commif-
fioners to give notice to owners of lands to be fold j and alfo notice of fale.
Provifo. Taxes to be levied on goods of perfons driving their cattle off
their lands chargeable with the taxes. Lands to be rated to the poor's
rates, according to reduced rent. The fouth bank of Brandon river, and
the weft bank of Lakenheath Load, how to be repaired. Commiflioners
impowered to ereft turnpikes, and take tolls to repair the banks. Tolls
yelled in the commiffioners. Penalty on perfons refufing to pay tolls.
Penalty on taking off horfes to avoid the tolls. Commiffioners to eredl a
toll houfe for maintaining certain banks. Provifo. No toll on horfes
haling boats with materials for repair of banks, &c. Appeal may be made
to the quarter feffions. Jullices determination not removeable by Certio^
rari. Rights of the confervators of Bedford Level faved, as by 15 Car. 2,
^imitation of aftions. General iffue. Treble cofts. Publick a(5l,

CAP,

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28 Anno decimo tertio Georgii III. c.21- [1773*

CAP. XXL

An aS to extend the proviftons of an a3^ made in the fourth
year of the reign of his late majefly King George the Se-
cond^ intituled^ An a£l to explain a claufe in an ad:,
made in the feventh year of the reign of her late ma-
jefty Queen Jnne^ for naturalizing foreign proteftants,
which relates to the children of the natural-born fub-
jeds of the crown of England^ or of Great Britain^ to
the children of fuch children.

Preamble. W/ H E R E A S divers natural-born fubjecls of Great Britain,
V y who profefs and exercife the proiejiant religion^ through various
lawful caules^ efpe daily for the better carrying on of commerce^ have
been^ and are^ obliged to re fide in fever al trading cities^ and other
foreign places^ where they have contracted marriages^ and brought up
famlies : and zvhereas it is equally jufi caid expedient that the king-
dom ft) ould not be deprived of fuch fubjeSts^ nor lofe the benefit of the
ivealth that they have acquired ; and therefore that not only- the chil^
dren of fuch natural-born fubje^s^ but their children alfo^fl)Ould con^
tinue under the allegiance of his Majejly^ and be intitled to come into
this kingdom^ arid to bring hither and realize^ or otherwife employ^
their capital ; but no provifion hath hitherto been made to extend far-
ther than to the children born out of the ligeance of his Majefly^ whofe
fathers luere natural-born fubjeBs of the crown of England, or of
Great Britain : may it therefore pleafe your moft excellent Ma-
jefty that it may be enaded , and be it enaded by the King's
moil 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
all perfons born, or who hereafter (hall be born, out o^ the jige-
ance of the crown of England^ or of Great Britain^ whofe fathers
were or fhall be, by virtue of a ftatute made in the fourth year
of King George the Second, to explain a claufe in an a6t made
in the leventh year of the reign of her majefty Queen Anne^ for
naturalizing foreign proteftants, which relates to the natural-
born fubjedts of the crown of England^ or of Great Britain^ in-
titled to dl the rights and privileges of natural-born fubjeds of
the crown o{ England^ or of Great Britain^ (liall and may be ad-
judged and taken to be, and are hereby declared and enaded to
he, natural- born fubjeds of the crown of Great Britain^ to all
intents, conftrudions, and purpofes whatfoever, as if he and
they had been and were born in this kingdom ; any thing con-
tained in an ad of the twelfth year of the reign of King William
the third, intituled, An a 51 for the further limitation of the crown ^
and better fe curing the rights and liberties of the fubjeCf^ to the con-
trary in any wife notwithftanding.
Provifoes, &c. II. Provided always, and be it enaded and declared by the
of 4 Geo. 2. authority aforefaid. That nothing in this prefent ad contained
W^'^tiriHa^^ (hall extend, or be conftrued, adjudged, or t^ken to extend, to
y ^^^^ * . ' make

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{

1773-] Anno decimo tertio GEorgii III. c. ii. tg

make any perfons born, or to be born, out of the ligeance of t\ic

crown of England, or of the crown of Gre^t Britain, to be nata-

ral-born fubjeds of the crown of Great Britain, contrary to all

or any of the provifoes, exceptions, hmitations and reftri6fions,

contained in the aforefaid aa, made in the fourth year of the

reign of his faid late Majefty, or to repeal, abridge, or alter the

fame ; but all fuch claufes (hall be, and remain in xht fame

flate, plight, and (Condition, to all intents, confiru6tions, and

purpofes whatfoever, as they would have been if this prefenr ad

had never been made.

III. Provided alfo, and be it further enaded by the authority Not to abn^s
aforefaid. That nothing in this prefent ad contained fliall ex- ''c^'^^'^^'''^
tend, or be conftrued, adjudged, or taken to repeal, abridge, or ^ ^ ^^'^' ''
any- ways alter, an adl made in the fifth year of the reign o^ his

late majefty King George the Firft, intituled, An a^ to prevent
the tnconvenienciei arifing from [educing artificers in the manufa5iures
of Great Britain, irito foreign parts ; nor to repeal, abridge, or
any ways alter, any law, ftatute, cuftom, or ufage whatfoever,
now in force, concerning aliens, duties, cuftoms, and impofi-
tions, nor to caufe any privilege, exemption, or abatement, re-
lating thereto, in favour of any perfon naturalized by virtue of
this a6t, unlefs fuch perfon (liall come into this realm, and there
inhabit and refide, and fhall take and fubfcribe the oaths, and
make, repeat, and fubfcribe the declaration appointed by an a61,
made in the firft year of the reign of his late majefty King
George the Firft, intituled, An a5l for the further fecurity af his
Majejifs perfon and government, and the fucceffion^of the crown in
the heirs of the late princefs Sophia, being protejf ants, a77d for ex-
tinguifhing the hopes of the pretended prince of Wales, and his open
and fecret abettors, in fuch maciner and form, and at fuch place
and places, as are in and by the faid acl direded, and alfo re-
ceive the facrament of the Lord's fupper, according to the ufage
of the church of England^ or in fome proteftant or reformed
congregation within this kingdom of Great Britain, within tluee
months before their taking the oaths in the faid acSi: mentioned ;
and fhall, at the time and place of taking and fubfcribing the
faid oaths, and of the making, repeating, and fubfcribing the
faid declaration, produce a certificate figned by the perfon admi-
niftering the faid facrament, and attefted by two credible wit-
neffes, whereof an entry ftiall be made of record in the court
and courts refpe6lively wherein fuch oaths {hall have been taken
and fubfcribed, without any fee or reward.

IV. Provided always, and be it further enaded by the autho- Not to defeat
rity aforefaid. That no perfon rtiall be enabled hereby to defeat any right
any eftate, right, or intereft, which upon the laft day of this k{- ^^^^^ m an-
fion (hall be lawfully vefted in any other perfon, or to claim or on^the^laft^*^
demand any eftate or intereft, which fhall hereafter accrue, un- dav of ttiis
lefs fuch claim or demand be made within live years next after fefllon,

die fame fliall accrue.

q A P.

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30 Anno decimotcrtio Georgii III. c. 2^,— 25. {1773;

C A P. XXII.

An aa to continue an aft, made in the fixth year of his prefent Majeftyi
intituled, An aft to regulate the loading of (hips with coals, in the ports
ot Newcaftle and Sunderland. ^ f . ) F

Preamble. ASt 6 Geo» 3. continued for a further term of feven years.

CAP. XXIII.

An aft for defraying the charge of the pay and cloathing of the militia
in that part of Great Britain called England, for one year, beginning the
twenty-lifth day of March, one thoufand (even hundred and feventy-
three,

C A P. XXIV.

Jn a5l for further continuing tzvo a5ls, made in the /Mb and
ninth years of his Majeflys reign for punijhing mutiny and
defertion^ and for the better payment of the army and their

- quarters^ in his Majeflys dominions in America.

Preamble. \^ ^ ^."^ ^ ^ ^ an a^ pafjed in the twelfth year of his prefent
AStizGQo.y VV Majeflys reig?!^ {ifitituled. An act for further continuing
two ads, made in the fixth and ninth years of his Majefty's,
reign, for puniihing mutiny and defertion, and for the better
payment of the army and their quarters, in his Majefty's do-
minions in America ;) luhich a^ zvas to continue and be in force in
all his Majejlfs dominions in America from the twenty-fourth day
of March, one thoufand feven hundred and feveniy-three^ until the
nveniy-fourih day of March, one thoufand feven hundred and f even-
ty-four : and whereas it has been found neceffary that the faid aHs
■made in the fixth and tii'nth years of his Majeflys reign JImdd be coj^-
tinned for a further time -, may it^ptherefore pleafe your Majeily
that it may be enaded ; and be it enacled 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 par-
further conti- liament ailembled, and by the authority of the fame. That the
niied until ^^j^ ^^^ (]^^|] ]^^^ ^lwA the fame are hereby continued, until the
^ arc 24. twenty-fourth day of March^ one thoufand {qm^xv hundred and
^' feveniy-five.

CAP. XXV.

j^n aB to explain two aBs of parliament^ one of the thir-
teenth year of the reign of his late Majefly^ for naturalizing
fuch foreign protefiants^ and others^ as are fettled^ or
fJiall fettle^ in any of his Majefiy's colonies in America ;
and the other of the fecond year of the reign of his prefent
Majejty^ for naturalizing fuch foreign protefiants as have
ferved^ or fhall ferve^ as officers or foldiers in his Ma-
jefcfs royal American regiment^ or as engineers^ in
America.

Preamble, *\/|/^^^^'^^ ^^ ^^ aB^ made in the thirteenth year of the

Aa 1 3 Geo. 2. ^^ ^^^k^ 4^^'^^ ^^^^ Majejiy King George the Second^ {intituled^

An act for naturalizing fuch foreign proteftants, and others

, therein

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I773-] Anno decimo tertio Georgii III. C.25. 31

therein mentioned, as are fettled, or (halJ fettle, in any of his
Majefty's colonies in America)^ all per f on s bom out of the allegi-
ance of his Majefty^ his' heirs or fucceffors^ who /hall have inhabited
and refjded^ or jhall inhabit or reftde^ for the [pace of f even years qr
more^ in any of his Majefiys colonies in America; or J})all not have
been abfent out of the faid colonies for a longer fpace than tivo
months at any one time^ during the faid [even years ^ are^ upon the
conditions prefcribed by the faid q51^ naturalized and made partakers
of all the benefits and privileges which the natural-born fubjeBs of
this realm do enjoy^ other than fuch as are fpecified in a provifo in
the faid aB contained : and whereas by an a£l^ made in the ficond ^^^q^^,,^^
year of the reign of his prefent Majefty^ [intituled^ An ad for na-
turalizing fuch foreign proteftants as have ferved, or (hall kxs^^
for the time therein mentioned, as officers or foldiers in his
Majefty's royal American regiment, or as engineers in America^)
it is enaded, That all fuch foreign proteftants, as well officers
as foldiers, who have ferved, or (hall hereafter ferve, in the
royal American regiment, or as engineers in America^ for the
fpace of two years, (hall, upon the terms required by the faid
recited a6l, be deemed, adjudged, and taken to be his Majefty's
natural-born fubjecls of this kingdom, to all intents, conftruc-
tions, and purpofes, as if they and every of them had been, or
were, born within this kingdom ; and in both which ads re-
fpedlively are contained provifoes, That no perfon, who (hall
become a natural-born fubjed of this kingdom by virtue of the
faid acts, fhall be thereby enabled to be of the privy council, or
a member of either houfe of parliament, or to be capable of
taking, having, or enjoying any office or place of truft within
the kingdom of Great Britain ox 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, tene-
ments, or hereditaments, within the kingdoms aforefaid : and
whereas doubts may neverthelefs arife, whether fuch ptrfons as have
been^ or may be fiaturalized wider or by virtue of the Jaid recited
aBs^ are capable of takings havings or enjoying any office or place of
trufiy either civil or military^ or of taking any grant of lands ^ tene-
ments y and hereditaments^ from the crown whatfoever ; be it enadl-
ed and declared 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 a(remb]ed, and by the ^jj po.fong
authority of the fame. That all and every perfon and perfons who' have, or
that have become, or (hall become his Majefty's natural- born (ball become
fubjeds, by force or virtue of the faid ads, or either of them, ^^^ ^^^i^^^v'^
are and (hall be deemed to be capable of taking and holding a- f^bjea's, b'""
ny office or place of truft, either civil or military, and of taking virtue of the
■ and holding any grant of lands, tenements, and hereditaments, faid ads, are
from the crown, to himfelf or themfelves, or to any other or ^i^'^by deem-
others in truft for him or them, as well under the great feal of ^'^i^^P^^^^^^^
Great Britain^ as otherwife, (other than and except offices and hddjnp- places
places, and grants of lands, tenements, and hereditaments, of truit^ either
within the kingdoms of Great Britain and Ireland) ^ any law or civil or milita-
ad of parliament to the contrary notwithftanding. ^"^^ ^^^

CAP.

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l^reamble.
Aa 12 Car.

3^ Atin6 decimo t^rtio Geor6i1 111. C.l6* [^773*

CAP. XXVI.

An a£l for preventmg abujes in the [ale of Jharts ^Bfitifll-
built fhips to foreigners,

WHEREAS hy an a£i ofparlia?nent^ made in the twelfth year of
the reign of his mojejiy King Charles the Second^ [intituled^ An
' a6l for the encouraging an increafing of (hipping and navigation);
it is, amongft other things, enacTied^, That from and after the firft
day 0^ December^ one thoufand fix hundred and fixty, and from
thenceforward, no goods or commodities whatfoever (hall be
imported into, or exported out of, any lands, iflands, planta-
tions, or territories to his Majefby belonging, or in his pofTef-
lion, or which may thereafter belong unto, or be in the poflef*-
fion of his Majelty, Iiis heirs or fucceflbrs, in Jfa^ Africa,, or
Jmerica^ in any other (hip or fhips, veflel or veflels whatfoever,
but fuch fhips and vefTels as did truly and without fraud belong
only tjo the people of England or Ireland,^ dominion oi Wales ^ or
town of Berwick upon Tweedy or were of the built of, or belong-
ing to, any of the faid lands, iilands, plantations, or territo-
ries, as the proprietors and right owners thereof; and whereof
the mafter and threfe-fourths of the mariners at lead were
Englijh^ under the penalty of the forfeiture and lofs of all the
goods and commodities which fhould be imported into, or ex-
ported out of, any of the aforefaid places, in any other n:iip or
veflel, as alfo bf the fhip or vefTel, with all its guns, furniture,
tackle, ammunition, and apparel; one-third part thereof to his
Majefty, his heirs and fuccefTors ; one-third part to the gover-
nor of fuch land, plantation, ifland, or territory, where fuch
default fhould be committed, in cafe the faid (hip or goods be
there ieized, or otherwife ; that third part alfo to his Majefly,
his heirs and fuccefibrs, and the other third part to him or them
vv'ho (houid feize, inform, or fue for the fame, in any court of
record, by bill, information, plaint, or other adion, wherein
no efToln, protedion, or wager of lavs?, fliould be allowed ; and
all admirals and other commanders at fea, of any of the Ihips of
war, or other (hips having commilfion from his Majefty, his
heirs or fuccelTors, were thereby authorifed 3nd ftridl) required,
to feize and bring in as prize, all fuch fhips or velTels as (hall
have offended contrary hereunto, and deliver them to the court
of admiralty, there to be proceeded againft ; and in cafe of
condemnation, one moiety of fuch forfeiture (liall be to the ufe
of fuch admirals or commanders, and their companies, to be
divided and proportioned amongft them, according to the rules
and orders of the fea, in cafe of (hips taken prize, and the other
moiety to the ufe of his Majefty, his heirs and fucceflbrs: and
it is alfo by the faid aa further enaded, That no alien or per-
fon not within the allegiance of our fovereign lord the King, his
heirs and fuccefTors, or naturalized or made a free denizen,
(liall, from and after the firfl: day of February,, which fhould be
in the year of our Lord one thoufand fix hundred and fixty-one.

ex-

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^

1773.] Anno decfimo tertio Georgii IIL c.26. 33

exercife the trade or occupation of a merchant or fador in any
of the faid places upon the pain of the forfeiture and lofs of all
his goods and chattels, or which are in his pofleflion, one-third
to his Majefty, his heirs and fucceflbrs, one-third to the gover-
nor of the plantation where fuch perfon (hall fo offend, and the
other third to him or them that fliall inform or fue for the
fame, in any of his Majefty's courts in the plantation where
fuch offence (hall be committed : and whereas by one other a£l of
parliament^ made and pajjed in the feventh and eighth years of the and 7 & g
reign of his late Majejiy Z///^ William the Thirds {intituled^ An Gul,y recited,
adl for preventing frauds, and regulating abufes, in the planta-
tion trade), it is amongft other things, e'naded. That after the
twenty-fifth day oi March j one thoufand fix hundred and nine-
ty-eight, no goods or merchandifes whatfoever Ihall be import-
ed into, or exported out of, any colony or plantation to his
-Majefty in Afia^ Africa^ or America^ belonging, or in his pofTef-
fion, or which may hereafter belong unto, or be in the pofTef-
fion of his Majefty, his heirs or fucceiTors, as fhall be laden
in, or carried from, any one port or place in the faid colonies
or plantations to any other port or place in the fame, the
kingdom of England^ dominion of WaUs^ or town of Berwick,
upon Tweedy in any ftiip or bottom, but what is or fhall be of
the built of England^ or of the built of Ireland^ or the faid colo-
nies or plantations, and wholly owned by the people thereof,
or any of them, and navigated with the mafters and three-
fourths of the mariners of the faid places only, (except fuch
(hips only as are or (hall be taken as prize, and condemnation
thereof made in one of the courts of admiralty in Englandy
Ireland^ or the faid colonies or plantations), to be navigated
by the matter and three-fourths of the mariners EngUJh^ or of
the faid plantations as aforefaid, and whereof the property did
belong to £';^^///y??;//^;z ; and alfo, except for the fpace of three
years, fuch foreign-built (hips as (hould be employed by the
commiffioners of his Majefty's navy for the time being, or upon
contra6i: with them, in bringing only mafts, timber, and other
naval ftores, for the King's fervice, from his Majefty's colonies
or plantations to this kingdom, to be navigated as aforefaid,
and whereof the property doth belong to Ejiglijhmen^ under
pain of forfeiture of (hip and goods, one-third whereof to be to
the ufe of his Majefty, his heirs and fucceflbrs, one-third part
to the governor of the faid colonies or plantations, and the
other third part to the perfon who (hall inform or fue for the
fame, by bill, plaint, or information, in any of his Majefty's
courts of record at Wefminfler^ or in any court in his Majefty^s
plantations, where fuch offence fliall be committed ; and it is
by the faid laft- recited a6i further enacfted. That from and after
the twenty- fifth day of ^^^n.-/^, one thoufand fix hundred and
ninety-eight, no fhip or velTel whatfoever (hall be deemed or
pafs as a (hip of the built of England^ Irehrnd^ IVale^^ Bertuic}^
Guernfey^ Jerfcy^ or any of his Majefty's plantations in Amerka^
fo as to be quaiitied to trade to, fronij or in^ any of the planta-
Voi.. XXX... D tionsj

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34 Anno decimo tertio Georgiii III. c.26, {^773.

tions, until the perfon or perfons claiming property in fuch
(hip or veflel (hall regifter the fame as followeth ; that is to
fay, if the (hip, at the time of fuch regifter, doth belong to any
port in England) Ireland^ Waks^ or to the town of Berwick upon
Tweedy then proof ihall be made, upon oath, of one or more of
the owners of fuch (hip or ve(rel before the colle6lor and comp-
troller of his Majefty's cuftoms in fuch port ; or if at the time-
of fuch regifter the (hip belong to any of his Majefty's planta-
tions in America^ or to the iflands oiGuernfey or Jerfey^ then th6
like proof to be made before the governor, together with the
principal ofHcer of his Majefty's revenue refiding on fuch plan-
tation or ifland ; which oath the faid governor and officers of
the cuftoms refpedively are thereby authorifed to adminifter in
the tenor following 3 videlicet^

JURAT A.B. That the JIAp [mme'}

of [port] whereof

[majier's name'} is at prefent majier^

bei?2g a [kind of built^ of

[burthen tons^ was built at

[place zuhere]
in the year [time vjheni

and that [owners nanie~\

of and ^/etcetera, are at

prefent owners thereof -^ and that no foreigner^ dire^ly or indire^ly^
hath any Jhare or part or inter eft therein.

Which oath being attefted by the governor or cuftomhoufe oU
ficer refpeflively, who admlniftered the fame under their hands
and feals, (hall, after having been regiftered by them, be deli-
vered to the mafter of the (hip, for the fecurity of her naviga-
tion, a duplicate of which regifter (hall be immediately tranf-
mitted to the commi(rioners of his Majefty's cuftoms in the port
of London^ in order to be entered in a general ^gifter to be there
kept for this purpofe ; with penalty upon any (hip or ve(rel trad-
ing to, from, or in any of his Majefty's plantations in America^
after the faid twenty-fifth day of March^ and not having made
proof of her built and property, as is here dire<5led, that (l"ie
(hall be liable, and fhe is thereby made liable to fuch profecu-
tion and forfeiture, as any foreign (hip, (except prizes con-
demned in the high court of admiralty), would for trading with
thefe plantations by fuch law be liable to : and it is alfo further
ena6led, That no (hip's name regiftered (hall be afterwards
changed without regiftering fuch fhip de novo^ which is thereby
required to be done, upon any transfer of property to another
port, and delivering up the former certificate to be cancelled,
under the fame penalties, and in the like manner as is therein-
before dire6^ed ; and that in cafe there be any alteration of pro-
perty in the fame port, by the fale of one or more (hares of any
fiiip, after regiftering thereof, fuch fale fhall always be acknow-
ledged by indorfement on the certificate of the regifter, before

tWQ

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1773-] Anno decimo tertio Georoii III. c. 27,-30; ^5

two wltneffes, in order to prove that the entire property in fuch
fhip remains in fome of the fubjeds of England, if any difpute
arifes concerning the fame : and whereas^ notwithfianding the /aid
good and wholefome laws, many inconveniencies have arifen, and may
hereafter arife, by foreigners, or other perfons not natural- born fub^
je^s of his Majefly, becoming poffeJJ'ed of, and intitled unto, any part '
or /hare of any^r\X\(h Jhip or veffel whatfoever, belonging only to
natural-born fubje^s of his Majejiy, whereby the other part owners
of fuch fhip or veffel cannot obtain the regifier required by the faid
aa of the feventh and eighth years of his faid late majejiy King
WiUiam the Third, for the fecurity of the navigation of fuch fhip
cr veffel, whereby the trade and commerce of this kingdom hath been
and may be greatly hindered and obJiruSfed: for remedy whereof,
may it pleafe your Majefty that it may be enaded; and be it
enaaed 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 parhament aflembled, and by the autho-
rity of the fame. That no foreigner or other perfon or perfons No foreigner
whatfoever, not being a natural-lborn fubjedl of his Majefty, his 3°yX?e of a
heirs or fucceffors, (hall be intitled to or fliall purchafe or con- B,fti(h fhip
trzGt for any part or parts, fliare or (hares, of any BritifJo (hip without the
or veftel whatfoever, belonging only to natural-born fubjeds of confent of the
his Majefty, his heirs or fucceffors, without the confent in ^''^^'^"^^ourths
writing of the owner or owners of three-fourth parts in value q£ ^^ ^^^^^
at leaft of fuch fliip or veft^el, for that purpofe firft had and ob-
tained, and indorfed on the certiftcate of the regifter of fuch ftiip
before two witnefles ; and all agreements, contradts, purchafes,
and fales, of any part or ftiare of any Britifh (hip or veftel, be-
longing only to natural-born fubjedts of his Majefty, his heirs
or fucceftirs, made, entered into, contraded for, or concluded
by any fuch foreigner or other perfon or perfons not being a
natural-born fubjed or fubjeds of his Majefty, his heirs or fuc-
ceftTors, without fuch confent firft had and obtained, and indorfed
as aforefaid, ft:ia]l be, and are hereby declared to be abfolutely
null and void, to all intents and purpoies whatfoever.

CAP. XXVII.

An adt for the more eafy and fpeedy recovery of Tmall debts, witliin ths
city and county of the city of Exeter.

c A p. xxviii.

An aft for deepening, cleanfing, and making more commodious the h.^r-
bours of the town q\ Greenock j for fupplyine; tlie inhabitants with
ireQi and wholefome waver j and for paving, cleanfitig, lighting, and
watching the Itreets, and other publick places, within the laid town.

CAP. XXIX.

An aft for deepening, cUanfing* and making more commodious, the
harbour of Aberdeen; for erefting' new piers and quay? therein ^ nnd
for regulating (hips and vciTcls trading into, and going out of, the laid
harbour.

CAP. XXX.

An a6?: for the better regulation and government of the pilots condufting

fliips and velTcls to siiid out of the port of Kingi Lynn^ and of the

D i bridg«.

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^

36 Anno decimo tertio Georgii HI. c.31. [1773.

bridgemen conducing gangs of lighters or barges to and from the
fame j and for laying down moorings in the harbour of the faid port,
and for preventing mifchiefs by fire therein.

CAP. XXXI.

An a5l for the more effe5lual execution of the criminal laws in
the two parts of the united kingdom.
Preamble. ^XTHEREAS it frequently happens that felons >, and other ma-
V V lefa^ors^ in that part of Great Britaui called England,
make their efcape into that part of Great Britain called Scotland ;
end alfo that felons^ and other malefa^ors^ in that part of Great
Britain called Scotland, make their efcape into that part of Grtzt
Britain called England ; whereby their offences often remain unpu-
nijhed^ there being no fufficient provifion^ by the laws of either of the
two parts of the united kingdom for apprehending fuch offenders^ and
tranfmitting them into that part of the united kingdom in which their
offences were committed : for remedy thereof, may it therefore
pleafe your Majefty that it may be ena6led ; and be it enabled
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 afTembled, and by the authority of
the fame. That, from and after the paffing of this a6l, if any
perfon or perfons, againft \Vhoma warrant (hall be iffued by
any juftice or juftices of peace of any county, riding, divifion,
city, liberty, town, or place, mthm thcit p^rt of Great Britain
called England^ for any crime or offence againft the laws of that
part of the united kingdom, fhall efcape, go into, refide, or be
in any place of that part of Great Britain called Scotland, it (hall
and may be lawful for the Iheriff, or fteward-depute, or fubfti-
tute, or any juftice of peace of the county or place where
fuch perfon or perfons fhall efcape, go into, refide, or be, to

indorfe his name on the faid warrant; which warrant, fo in-
dorfed, ftiall be a fufficient authority to the perfon or perfons

Perfons a-
ga'inft whom
warrants are
ilTued by ju-
ftices in Eng-
land, for of-
fences, who
ihall efcape in
to Scotland,
may be con-
veyed into
that county
where the of-

fencewascom-^j.jj^gjj^g fuch warrant, and to all perfons to whom fuch warrant
(!llt7c\s,&c! ^ ^^s originally dire6fed ; and alfo to all fheriff's ofticers, ftewards
in Scotland, officers, conftables, and other peace officers of the county or
who are to in- place where fuch warrant fhall be fo indorfed, to execute the
dorfe their f^^^ warrant in the county or place where it is fo indorfed, by
w^aT/ams. apprehending the perfon or ptrfons againft whom fuch warrant
is granted, and to convey him, her, or them, into the county,
riding, divifion, city, liberty, town, or place, of that part of
Great Britain called Ejigland^ being adjacent to that part of
Great Britain called Scotland, in which the crime was commit-
ted, and before one of the juftices of peace of fuch county,
riding, divifion, city, liberty, town, or place, to be there dealt
with according to law : or, in cafe the crime was committed in
a county not next adjacent to tliat part of Great Britain called
Scotland', then, and in every fuch cafe, to convey him, her, or
them, into any county of that part oi Great Britain called Eng^
land, next adjacent to that part oi Great Britain called Scotland^
and before on^ of the juftices of peace of fuch county, which
2 juftice

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I773-] Annodecimo tertio Georgii III. JC.31. . 37

juftice of peace is hereby authorifed and required to proceed
with regard to fuch perfon or perfons, in the manner dire<5led
by an a6V made in the twenty-fourth year of the reign of his
majeftv King George the Second, intituled, An a Si for amending
and making more effe5iual a claufe in an a^^ pajjfed in the laj} fejfton
of parliament^ for the apprehending of perfons in any county or place y
upon warrants granted by juflices of the peace of any other county or
place, as if the faid perfon or perfons had been apprehended in
the faid county.

11. And^ for remedy of the like inconvenlency,^ by the efcape ofperfons guilty
perfons guilty of crimes in that part ^/Great Britain called Scotland, of like crimes
be it further enaded by the authority aforefaid, That, from and ^^^"^^^^^^'^
after the paffing of this adt, if any perfon or perfons, againft ^H^^^^^^^ "
whom a warrant (hall be iflued by the lord juftice general, lord retmned.
juftice clerk, or any of the lords commiffioners of jufticiary, or
by any fheriff', or fteward-depute, or fubftitute, or juftice of the
peace of that part of Great Britain called Scotland^ for any crime
or offence againft jhe law§ of that part of the united kingdom,
Ihall efcape, go into, refide, or be, in any place of that part of
Great Britain called England^ it ftiall and may be lawful for any
juftice of peace of the county, riding, divifton, city, liberty,
town, or place, where fuch perfon or perfons fliall efcape, go
into, refide, or be, to indorfe his name on the faid warrant ;
which warrant, fo indorfed, (hall be a fu(ficient authority to the
perfon or perfons bringing fuch warrant, and to all perfons to
whom fuch warrant was originally dire6teci ; and alfo to all
conftables, or other peace officers of the county, riding, divi-
fion, city, liberty, town, or place, where fuch warrant (hall
hz fo indorfed, to execute the faid warrant in the county, riding,
divifion, city, liberty, town, or place, where it is fo indorfed,
by apprehending the perfon or perfons againft whom fuch war-
rant is granted, and to convey him, her, or them, into the
county or place of that part of Great Britain called Scotland^ be-
ing adjacent to that part of Great Britain called England where
the crime was committed; and before the (heriff, or fteward-
depute, or fubftitute, or one of the juftices of the peace of fuch
county or place, to be there dealt with according to law : o^ in
cafe the crime was committed in a county not next adjacent to
that part of Great Britain called England ; then, and in fuch
pale, to convey him, her, or them, into any county of that
part of Great Britain called Scotland, next adjacent to that part
of Great Britain called England, and before the (heriff, or ftew-
ard-depute, or fubftitute, or one of the juftices of the peace of
fuch county; which ftieriff, fteward, or juftice of the peace, is
hereby required to proceed with regard to fuch perfon or per-
fons according to the rules and prac5\ice of the law of Scotland,
as if the faid perfon or perfons had been apprehended in the faid
county.

III. And be it further ena6led by the authority aforefaid, Expence of
That the expence of removing prifoners as aforefaid, fhall be removing pri-
r^pa\d to the perfon defraying the fame by the treafui:^r of the ^^"^^^^ to be

D 3 county ^^^^^y^^ by

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S8 Anno decimo tertio Geohgii III, C.32. [i773*

the treafurer county of that part of Gr^^/ jBnVjm called ^w^fa;/^, or by the
In Eng^and^or ^^^"^5 ^^ fteward-depute, or fubftitute, of the CQunty of that
bythefheriff- P^^'^ ^f Grt^at Britain called ScGth'rii^ in which the crime was
depute ia committed, the amount of that expence being previoufly afcer-
Scotiand. tained by an account thereof, verified upon oath before two of

the juftices of the peace of fuch county, and allowed and figned
by them.
Perfons who IV. And whereas it frequejitly happens in both parts of the united
fliall have Ungdom^ that perfons having Jlolen or otheriuife felonionfly taken a-
^c^^ln^^nhlr ^^-^ ^f^oney^ cattle^ goods ^ or other effe5ls^ carry the fame into the other
part of the P'^^'^ ^f ^^'-^ united kingdom^ and there have the faid inoney^ cattle^
united king- goodsy or other effe^s^ in their pojfeffion or cufiody\ and doubts have
.^<^"^' "^^,y t>e l)£en entertained^ whether they could be inditled and tried in that pari
thett ^^^ ^f ^^^ united kingdom^ as the original offence was not there committed ;
be it therefore enadled by the authority aforefaid. That, frorri
and after the paffing of this a6l, if any perfon or perfons having
ftolen, or otherwife felonioufly taken money, cattle, goods, or
other efFeCls, in either part of the united kingdom, (hall after-
wards have the fame money, cattle, goods, or other efted^s, or
any part thereof, in his, her, or tiieir poffeflion or cuftody, in
the other parr of the united kingdom, it (hall and may be law-
ful to indidl, try, and punifh fuch perfon or perfons for theft or
larceny in that part of the united kingdom where he, ihe, or
they, {hall fo have fuch money, cattle, goods, or other effedfs,
in his, her, or their poffefTion or cuftody, as if the faid money,
cattle, goods, or other effects, had been ftolen in that part of

the united king^dom.

Keceivers of V. And be it further enaded by the authority aforefaid,That

money, &c. -p ^^^ perfon or perfons, in either part of the united kingdom,

ofthe'king^ fhair hereafter receive or have any money, cattle, goods, or

dom, know- Other effe6ts, ftolen, or otherwife felonioufly taken, in the

5ng the fame other part of the united kingdom, knowing the fame tc5 b0

^K^f^ht^"' ftolen, or otherwife felonioufly taken, every fuch perfon or per-

be^puniated! ^^"^^ ^^^^^ ^^ \\2kA^ to be indicfled, tried, and puniftied for fuch

offence in that part of the united kingdom where he/ (he, or

they, Ihall fo receive or have the faid money, cattle, goods, or

other effeds, in the fame manner, to all intents and purpofes,

as if the faid money, cattle, goods, or other effedls, had been

originally ftolen, or otherwife felohioufty taken, in that part of

the united kingdom.

CAP. XXXIL

An aEl for repealing fo much of an a5f^ made in the twenty-
third year of his late Majefiy King George the Second^
as relates to the preventing the flealing or defiroying of
turnips*^ and for the more effe^ually preventing the flealing
or defiroying of turnips^ potatoes ^ cabbages^ parfnips^ peafe^
and carrots.

WHEREAS the cultivation of turnips^ potatoes^ cabbages y
parfnips^ perife^ and carrots^ is of great confequence to this
iingdoraj and the laws in being are ineffe^.ucil for preventing the

- ' Jiealing

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;

J 773'] Anno decimo tertio GeoRGII HI. a 32; 39

Jteding and dejlroytng the fame ; be it 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 firft day of June^ one thoufand feven hun- After June i,
dred and feventy-three, if any perfon (hall (leal and take away, j[77^> Perfon^
or malicioufly pull up or deftroy, any turnips, potatoes, cab- ni^ps^ pltatoes^
bages, parfnips, peafe, or carrots, growing or being in any gar- cabbages, &c/
den, lands, or grounds, open or inclofed, and (hall be thereof fVoim nnygar-
convided before any juftice or julVices of the peace for the ^^«'^>'a^ds,&c.
county or place where the offence (hall be committed, either by ,^^3' on'convic.
the confeflion of the party offending, or by the oath of onetion.befidethe
or more credible witnefs or witneffes, (which oath fuch juftice value of the
or juftices is and are hereby impowered to adminifter,) every goods (tolen.
perfon fo offending, and being convicfted as aforefaid, (hall
forfeit and pay, upon fuch convidion, fuch fum of money not
exceeding the fum of ten (hillings, over and above the value of
the goods ftolen, as to fuch juftice or juftices (hall feem meet;
which fum of money (hall be diftributed between the owner
of fuch turnips, potatoes, cabbages, parfnips, peafe, or car-
rots, and the overfeers of the poor, or other perfons having
the charge and difpofal of the funds of the poor of fuch parifh
or place where the offence (hall be committed, for the ufe of
the poor of fuch pari(h or place, in fuch proportion as fuch
juftice or juftices (hall think fit; or the whole of fuch fums
fhall be given to the owner of fuch turnips, potatoes, cabbages,
parfnips, peafe, or carrots, or to the overfeers of the poor, or
other perfons having the charge and difpofal of the funds for
the ufe of the poor of fuch pari(h or place, according to the
difcretion of fuch juftice or juftices : and in default of payment
of fuch penalty, of which the offender hath been c6nvi6led as
aforefaid, fuch juftice or juftices (hall and may commit fuch
offender to the houfe of corredlion, there to be kept to hard
labour for any time not exceeding one calendar month, unlefs
fuch penalty (hall be fooner paid or fatisfied ; and if the offence
is committed in that part of Great Britain called Scotlandy fuch
juftice or juftices fhall and may commit fuch offender to prifon,
there to remain for any time not exceeding one calendar
month, unlefs fuch penalty (liall be fooner paid or fatisfied :
and the bringing the offender or offenders before fuch juftice or
juftices of tlie peace may be done, and the proceedings againft
offenders, under the authority of this ad, may be carried on,
in the moft fummary manner,

II. Jnd^ for the wore' eafy convi5iion of perfons offending ogainfl Informations
ills a^^ be it ena6led by the authority aforefaid. That in all of owners to
informations, and other proceedings for any of the offences ^^.^'^^^'^ ^^^
aforefaid, the evidence of the owner or owners of fuch turnips,
potatoes, cabbages, parfnips, peafe, or carrots, and of the
inhabitants of the parifti or place where the offence ftiall be
Committed, ftiall be taken and allowed ; any law, cuftotD, rule,
order, or ufage, to the contrary notwithftauding.

p 4 III» Provided

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4^ Anno dedmo tertio Georgii III. c. 32. [1773;

SStliTon\ ^^^* Provided always. That where any fuch conviaion (hall
oath of the °" "P^" ^^^ ^?^^ ^^ ^^^ owner or owners, the w^holeof the
owners, the Penalty or forfeiture fliall be paid to the overfeer or overfeers of
forfeiture to be the pool- for the pari(h or place where the ofFeitce (hall be com-
overfeerro^f ^^^^^^' ^°^ ^^^ ^^"^ ^f ^^^ POor of fuch parith or place.

Conviaion to .^'^^(^ ^^^V^?' ^^ ^^ further enaded. That all and every the
be drawn in J^^^^^ or juftices of the peace, before whom any perfon or per-
the following ^^»^s fliall be convi^ed of any offence againft this ad, (hall and
form. may caufe the convi<5lion to be drawn up in the following form

of words, or in any form of words to the fame effed, as the

cafe fhall happen, z;/d/c'//V^/ ;

BE // remembered. That on the day of

in the year of our Lord
A. B. having been brought before me^ or having
been duly fummoned^ and not having appeared^ or having appeared,
(as the cafe-may happen,) and having confeffed^ or being con-
vi6ied^ (as the cafe may happen,) of the charge exhibited
Ugainfl him^ is duly convi^ed before me CD, one of his Majeffs
jufiicss of the peace for the county of (fpeci tying

the offence, and the time and place, when and where the fame
was committed, as the cafe (hall be, J Given under my hand and
feal, the day and year aforefaid.

Provifo. V. Provided always, That no perfon (hall be profecuted for

^ny fuch offence, unlefs fuch profecutioa be begun within
thirty days after the offence committed,
^"^a^^fd"^' ""* ^^' And beitfurtherenaded, That fo much of an ad, made in
fame^datesto^'^^ twenty-third year of the reign of his late m&jefty KingG^^r^<?
the Healing the Second, intituled. An a5ito continue feveral law^for the better
turnips, regulating of pilots for the conducing of/hifs and veffelsfrom Dover,

Peal, and Ifle of Thanet, up the river of Thames and Med-
way 3 and far permitting rum or fpirits of the Britifh fugar plan^
tations to be landed b 'if ore the duties of excife are paid thereon ; and to
continue and amend an a^ for preventing frauds in the admeajure-
mint of cook tvithin the city and liberty of Weftminf^er, and feve-
ml parijhes near thereunto ; and to continue feverallaws for preventing
exohions of occupiers of locks and loeirs upon the river I'hames zvefl-
xvardy and for ofcertaining the rates o^ water carriage upon the [aid
river ; and for the better regulation and government of feamen in the
merchants fervice ; and alfo to amend Jo much of an a5i, made in
the frji year of the reign of King George the Firfi^ as relates te
the better prefervation of f aim on in the river Ribble; and to regu^
late fees in trials at affzes^ and nifi prius, upon records iffi^ing out
of the office of pleas of the court of exchequer i and for" the appre^
hending of perfons in any county or place^ upon zvarrants granted by
jujlices of the peace in any other county or place ; and to repeal fo
much of an aH^ made in the twelfth year of the reign of King
Charles the'Second^ as relates to the time during zvhich the office of
excife is to be kept open each day^ and to appoint for how long time

.. ■ the

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1773-] Anno decimo tertio Georgii III. C 33.^ 41

the fame Jhall he kept open upon each day for the future \ and to pre- ^^^^> ^^^^ the
vent thefiealing or dejlroying of turnips j a?id to amend an a5l^ made ^^^^t'orthis
in the fecond year of his prefent Majefly^ for hetter regulation of at- ^a, be re.
tornies and JoUcitors -, fo far as the fame relates to the ftealing of pealed,
turnips; (hall, from and after the commencement of this pfe-
fent a6t, be repealed.

CAP. xxxni.

jIn a5l to extend the proviftons of an a£f^ made in the fix th
year of his prejent Majeflfs reign^ {intituled^ An act
for the better prefervation of timber trees, and of
v;oods and underwoods ; and for the further prefer-
vation of roots, fhrubs, and plants,) to poplar^ alder y
maple^ larch j and hornbeam.

WHEREAS by an a5i^ pajfed in the fmh year of his prefent Preamble.
Majejiys reign^ {intituled^ An ad for the better preferv- Aft 6 Geo* 3*
ation of timber trees, and of woods and underwoods; and for
the further prefervation of roots, (hrubs, and plants,) it^vas
enacted^ That every perfon who Jhould zvilfully cut or break down^
bark^ burn^ pluck up ^ lop^ top^ crop^ or otherwife deface^ damage^
fpoiU or deflroy^ or carry aivay^ any timber tree or trees ^ likely to
become timber^ or any part thereof^ or the lops or tops thereof^ with-
out the confent of the owner or owners thereof firfl. had and obtained^
or in any of his Maje/ifs forejis or chafes^ luithout the confent of the
furveyor or furveyors^ or his or their deputy or deputies^ or perfon
or perfon s intrufied with the care of the fame^ and Jhould be thereof
convlhed^ upon the oath of one or more credible wltnefs or witnejfes^
before any one or more of his Majejiys juflices for the county^ city^
ridings divifon^ dijlri5i^ or place ^ wherein fuch offence (hould be com-
mittedy Jhould^ for the firjl offence^ forfeit and pay fuch fum of mo-
ney^ not exceeding twenty pounds ^ as to fuch juftice or jujUces Jhould
feem meety together with the charges previous to and attending fuck
conviSiion^ to be afceriained by fuch jujiice or juflices who fiould con-
vi^ the offender y and upon non-payment thereof ^ fuch juJlice or
jujiiccs fhould commit the offender to the compion gaol of the county or
place luhere the offence Jhould be commit ted^ there to remain without
bail or mainprize^ for any time not exceeding tiuelve mo?2thSy nor
lefs than fix months ^ or until the penalty and charges JJ^ouJd be paid i
and if any perfon Jo convicted Jl^culd be guilty of the like offence a
fecond time^ and J})ould be thereof con-vi^ed in like manner^ fuch per-
fon fhould Jorfeit and pay fuch fum of money ^ not exceeding thirty
pounds y as to fuch jujiice or j.vjlices Jhould feem meet^ together with-
the charges previous to and attending Juch conviP/ion^ to be afcertain-
ed by fuch juf ice or juflices who Jhould convict the offender ^^ and^ up-
on nonpayment thereof^ fuch jujiice or jujiices JJ^ould commit the of-
fender to the common gaol of the coujity or place where the offence
fhould be committed^ thtre to remain without ball or rnainprizcy for
any time not exceeding eighteen months^ nor lefs than twelve months ^
or until the penalty and charges Jhould be paid; and if any perfon fo
convi^ed Jljould be guilty of the Hie offence a third Ume^ and Jhould
; -' ^ ' be

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42 Anno dccimo tertio Georgii III. c. 33. [1773.

be thehofconviSiedin like manner ^fuch per f on Jhoidd he deemed guilty of
felony^ and the court by and before whomfuch per/on Jhould be tried^/hould
and thereby had authority to tranfport fuch per [on or perjons^ for the-
fpace of [even years^ to any of his Majsflys plantations in America,
in like manner as other felons are dire6ied to be tranfported by the
Invs and faiutes of this realm : and by the [aid a5i it was ena5ied^
That all ook^ beech y chefnut^ ivalniit^ a[lo^ elm^ cedar ^ fir^ afp^ lime^
fycamorey and birch trees^ [I?ould be deemed aud taken to be timber
trees y within the true meaning and provifton of the faid aB : and
whereas doubts have arifen fmce the pa[[ing the [aid aB^ ivhether
any trees [hall be deemed and taken to he timber trees^ other than [uch
as are declared [0 to be in the [aid a5l : noWy for the better pre ferva-^
tion of the fever al iife[ul and valuable -timber trees hereafter men^-^
tio?7edy cafually omitted to be mentioned in the [aid a ci^ be it enaded
by the King's moft excellent majefty, by and with the advice
and confent of the lords fpiritual and temporal, and con^mons,
in this present parliament alTembled, and by the authority of
the fame. That the trees called poplar, alder, hrch, maple,
and hornbeam, (liajl alfo be deemed and taken to be timber
trees, immediately after the firft day of May^ one thoufand
After M?.y t, feven hundred and feventy-three : and all and every perfoa
377^)> P^^P'ar, or perfons who iliall after the faid Srft day of May^ one thou-
alder, larch, ^^^^ feven hundred and feventy-three next, willfully cut or break
jioiVDea^ra^ to down, bark, burn, pluck up, lop, top, crop, or otherwife de-
be deemed face, damage, fpoil, or deftroy, or carry away any poplar, al-
timber trees, cier, larch, maple, and hornbeam, or any part thereof, or the
Penalty on de- lops or tops thereof, without the confent of the owner or
ttroying any owners thereof firfb had and obtained, or of fome perfon in-
of thefe trees ^j-yf^g^ ^^jj-}:^ the care of fuch tree or trees, fuch perfon or per-.
ctLrtmiber*^^ ^^"s ^^^^ ^^ found guilty of any offence or offences, be con-
trees, vicled in like manner as perfons are directed fo to be, for of-r
fences of the like kind, concerning trees deemed timber trees,
in the above in-part recited a6l ; and upon fuch convlclion or
convictions (hall be liable to all and every the penahies, forfei-
tures, and puniihments therein infli61ed for any fuch like offence or
offences ; and all and every juftice and juftices of the peace is and
are hereby authorifed, on complaint made to him or them of
any offence or offences, to adminifter oaths, and to proceed ir^
like manner to convidion and puniffiment of every offender
againfl this a61, as fully and effediually as if the faid- trees
hereby declared, deemed, and taken to be timber trees, had
been exprefsly fo deemed and declared to be in the faid ad paff-
ed in the fixth year of his prefent Majefty's reign ; ^and fuch
convi6lion and convidions (hall be certified by the ju(^ic.e oi^,
juftices before whom the fame (hall be made to the next quar-
ter-feffions of the peace to be holden for the county wherein
fuch offence or offences were committed, in the form of words,
or to that effe6f, direded by the faid ad ; ^nd all and every the
forfeitures for offences againft this ad (hall be paid and applied
in the manner forfeitures are dirQ^^ed to be p^id i\\ the faid re^

cited ad. _ _

^ CAP.

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r773-] Anno decimo tertio Georgxi III. c. 34, — 38, 43

CAP, XXXIV.

An afl for paving, lighting, and cleanfing the ftreetS| lanes, and places
within the town of Brighthelipftone, in the county ot SufTex ; for re-
moving nuifances and annoyances, and preventing the like for the fu-
ture; for holding and regulating a market within the iaid town; for
building and repairing groyns, in order to render the coaft fafe and
commodious for (hips or vefTels to unload and land fea-coal, culm, and
other coal, for the ufe of the inhabitants of the faid town j and for
laying a duty thereon, and for other purpofes.

CAP. XXXV.

An 3(51 for raifing a further fum of money for the purpofe of rebuilding
the common gaol of the county of ElTex.

CAP. XXXVI.
An a6l to amend an A6t, pafTed in the ninth year of his prefent Ma^
jefty, intituled, An a6l for laying open and widening certain ways and
palfages, in the town of Birminghsam ; and for cleanfing and lighting--
the ftreets, lanes, ways, and paffages there j and for removing and
i preventing nuifances and obllru6fions therein j and for widening cer-
tain other ftreets and places ; for eftablifhing a nightly watcn j aud for
regulating carts and carmen employed in the faid town.

.0 A P. XXXVII.

An aft for making and extending the navigation of the river Bure, (com-
monly called the North River») by and from Coltifhali to Ayl/liam
Bridge, in the county of Norfolk.

CAP. xxxvni.

Jln a5i to incorporate certain perfons therein namedy and their
[uccefforSy vAth proper powers for the purpofe of efiahlifh-
ing one or more glafs manufaEiories within the kingdom cf
Great Britain \ and for the more effeEiually fuppcriing and
conduSliiig the fame upon an improved plan^ iri a pectdiar
manner J calculated for the caftingof large plate glafs ,

WHEREAS the eftablijhment of a glafs manufaBory in Great Preamble,
Britain, upon an improved pUn^ in a peculiar manner ^ caU
culated for the cafiing of plate glafs ^ would be of great benefit and
utility to this kingdom^ and may iend^ as zuell to increafe th^ publick
revenue arifing from the duties laid thereon^ as to improve the prefent
method of making plate glafs ^ which is not brought to a Jlcte of per-
fe^ion equal to that in foreign countries : and whereas fitch manu-
factory cannot be efiablifhed luifhout great rifk in the undertakings and
without a very large expence^ nor can be conveniently carried on ^unlefs
a conftderable joint fiock is raifed for that purpofe : and whereas fe-
VET al perfons have already formed thcmfelves into a foci ety^ and fub^
fcribed conftderable fums^ and purchafed materials^ and engaged pro-
per perfons s for the purpofe of cfiabliJJnng and carrying on the faid
manvfaStory ; but fuch perfons are apprehenfwe that difficulties may
arife^ as well in recovering debts which may grow due to the pro^
prietors of the faid manufa^lory^ as alfo in defending fuits or anions
which may be commenced or brought againft the faid proprietors for
(iny matter or thing relatiife to ib^ faid rnanufa^ory^ as by law all
' ' the

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44 Anno decimo tertlo Georgii III. c, 38. [1773.

the ftvcral proprietors and fubfcribers to the /aid manufa5iory muft
infuch cafes both fue and be fued, implead and be impleaded^ by their
Jtveral and dijiin5l names and def crip lions ; and therefore^ for the
more eafily carrying on the manufa^ure^ and avoiding the difficulties
aforefaid^ are deftrous of being incorporated^ and having a common
feal and name^ by ivhich they may fue and be fued: and whereas
tnany perfons who are not now liable to become bankrupts^ tvithin the
intent and meaning of any of the laws now in force concerning bank^
ruptSy are likewife fearful of fubfcribing money to carry on the faid
mauufaolure^ as by becoming fubfcribers to^ and part owners thereof y
they may be liable to have commiffions of bankrupt iffiied ^gainji them
as traders}, may it therefore pleafe your Majefty that it may be
enaded ; and be it enaded by the King's moft excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this prefent parliament af-
-fembled, and by the authority of the fame, That the right ho-
nourable John Stuart^ commonly called Lord Mountjiuart^ the
honourable major general Charles Fiizroy^ Herbert Mackworth^
Peregrine Cifl, Thomas Dundas^ Robert Palk^ John Mackay, Phi-
lip yJfficck^ James Mowbray^ Robert Digby, Angus Mackay^
Henry Dagge^ Albany JVaUis., Henry HaJiingSy Ranald MacDo-
nald^ Thomas Davenport^ Afbeion Curzoiiy John Dolben^ Thomas
Potter^ Thomas DnrelU Stephen Cafar Lemaijlre^ and Henry
Errington^ efquires, and .^vefy other perfon or perfons who
fliall hereafter, either in their own right, or as executors, ad-
miniftrators, fucceffors, or affigns, in right of any other per-
fon or perfons become proprietors of, or interefted in any part
or (hare of the joint capital ftock or fund herein-after mention-
ed, fhall be one diftindi and feparate body politick and corpo-
rate, in deed and in name, by the name and ftile of The Go-
vernor and Company of Bnuih'CaJi Plate-Glafs Manufacturers^ and
that by the fame name they fhall have fucceflion and a common
feal; and that they and their fucceflbrs may, from time to
time, break, alter, make new, or change fuch common feaJ,
as fliall be found moft expedient \ and that fqch corporation
fhall be able and capable in law, and (hall have perfedl an^ full
power and ability in law to have, purchafe, receive, take, aad
enjoy, to them and their fucceffors, lands, tenements, and
hereditaments^ of v;hat kind, nature, or quality foever, for
the ufe of the faid manufadlory, notwithftanding the ftatutes
of inortmain. To as the fame do not exceed the yearly value of
five hundred pounds; and any perfon or4>erfons, bodies poli-
tick or corporate, may give, grant, bargain, fell, or convey, to
the faid company of proprietors, any lands, tenements, or he-
reditaments, for the ufe and benefit of the faid manufactory^
{o as the fame do not exceed the annual value aforefaid, with-
out licenfe of alienation in mortmain ; and that fuch corpora-
tion fliall have power and ability in Jaw to grant, fell, demife,
alien, or ^M^o{t oi fuch lands, tenements, or hereditaments,
or any part thereof, at their freewill and pleafure; and, in
their corporate name, fhall,, and may be able and capable ipi

law

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"1773O Anno decimo tertio GeorgiiIII. c. 38. 45

law to fue and implead, be fued and impleaded, anfwer and

be anfwered, in any court of record, or elfewhere, in all caufes

and adions whatfoever, for, touching or concerning the faid

corporation, or the manufadory by them carried on, as afore-

faid.

If. And be it further enacled by the authority aforefaid. That Company may
it (hall and may be lawful to and for fuch corporation to raife raife a joint
a capital joint ftock, to be applied for the carrying on the faid ^^^k.
manufadlure, not exceeding the fum of forty thoufand pounds,
at fuch times, and in fuch proportion, as at any general court
or courts of fuch corporation, to be holden in purfuance of this
a6l, (hall be dire6ted ; and that the fame be divided into fuch
number of (hares as herein-after mentioned, each (hare not ex-
ceeding the fum of five hundred pounds : and that no perfoa
fubfcribing thereto, or becoming a proprietor of fuch manufac-
tory, do become a proprietor of lefs than one (hare, or more
than twelve (hares, either in his or her own name, or in the
name of any other pcrfon or perfons in trufl for him or her,
(except the fame Ihall come to him or her by devife, bequeft,
marriage, or ad of law,) upon pain of foreiting to the faid
company of proprietors all fuch fhares, exceeding twelve (hares,
as aforefaid ; and the money fo to be raifed, is hereby direded
and appointed to be applied, in the firfl: place, for and towards
the payment, difcharge, and (atisfadion, of the expences hi-
therto incurred on account of the eftablifhing the faid m'anu-
facflory, and preparatory to the pa(rmg of this adl, and alfo the
expences to be incurred in the paffmg thereof, and the refidue
of fuch monies fhall be applied in and about the budnefs of the
faid manufadlory.

III. And be it further enaded by the authority aforefaid, That joint ftock to
the faid fum of forty thoufand pounds, or fuch part thereof as be divided
fhall be raifed by the feveral perfons herein-before named, or ^^^^ ftiares.
by fuch other perfon or perfons who fhall or may hereafter be-
come proprietor or proprietors of the faid manufa6lure, (hall be
divided into eighty fhares,. at a price not exceeding the fum of
five hundred pounds for every fuch (hare, and that the faid
eighty fhares fhall be, and are hereby veded in the feveral per-
fons herein-before defcribed, and their feveral and refpedive
executors, adminif^rators, fuccefTors, and afTigns, to their and
every of their proper ufe and benefit, proportionably to the
fum they and each of them (hall feverally fubfcribe and pay
thereunto, and all and every the faid (hares fhall be deemed to
be perfonal eftate, and tranfmiffible as fuch, and not of the na-
ture of real property ; and all and every perfon and perfons,
their feveral and refpedive executors, adminillrators, and af-
figns, who (hall feverally fubfcribe and pay in the fum of £ve
hundred pounds, or fuch fum or fums as (liall be demanded in
part thereof, towards the eftabli(hing and carrying on the faid
undertaking, fliall be intituled to, and receive the entire and
neat diftribution of one-eightieth part of the profits and advan-
tages that fliall and may arife and accrue by virtue of the fum

and

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46 Anno decimo tertio Georgii IIL C. 38. [1773;

and fums of money to be raifed, recovered, or received, by the
authority of this a6l; and fo in proportion for any greater num-
ber of (hares, not exceeding twelve jfhares as aforefaid ; and
every perfon or perfons, having fuch property of one-eightieth
part or fhare in the faid undertaking, and fo in proportion as
aforefaid, (hall bear and pay a proportionable fum of money to-
\v'ards carrying on the faid undertaking, in manner herein-after
enaded, direefed, and appointed.
Intereft tobe IV. And it is hereby further enacled bv the authority afore-

Kts can be '^'^' ^^^^ ^^ ^^" ^""^ "^^^ ^^ ^^^^"^ ^^ ^'"^ ^^r the faid com-
divided. P^^y of proprietors, their fucce(rors or aOigns, and they are

hereby required, out of the money to be raifed as aforefaid,
until the faid manufadory fhall be fo eftablirtied, that the pro-
fits arifing therefrom are fufhcient to make a dividend equal to
an intere(t of (ive pounds per ceniufn on the capital advanced,
to pay unto all and every the faid proprietors, their feveral and
refpe61iverucce(rors, executors, adminiftrators, or adigns, who
Ihall feverally pay in or fubfcribe any fum or fums of money,
for and towards the carrying on and eftabli(hing the faid manu-
factory, an intereft for fuch fum or fums as they (hall refpec-
tively pay in, after the rate of (ive pounds for every one hun-
dred pounds for one year, from the time that each of fuch fum or
fums (hall be refpedfively advanced as aforefaid, and be paid and
payable at fuch place or places as (hall be agreed on and ap-
pointed for that purpofe, at the (irfl: general meeting of the
faid company of proprietors, to be held as herein-after is men-
tioned.
Perfons Tub- V. y/;;i, to the end that all matters or things touching or relating

vot^af meet- ^^ ^'''^ eftahlijhing and carrying on the faid manufa5iory may he ma-
ings. ' naged and conduced in the moft beneficial manner^ be it further ena6f ed

by the authority aforefaid. That every perfon or perfons, who
(hall have fubfcribed for one or more (hare or fhares of the faid
manufadory, his and their refpe6tive executors, adminiftrators,
or afligns, in every or any publick meecing or alTernbly, to be
held as herein-after appointed for carrying on the bufinefs of
the faid manufadory, (liall have liberty by him, her, or them-
felves, to give one vote, and no more, without any regard being
had to the number of (liares he, (he, or they, fliall refpedtively
be pofTeired of, and interefted in, as aforefaid; and whatever
queftion, election of ofhcers, or other matter or thing (hall be
propofed, difculTed, or confidered, in any publick aflembly or
meeting, to be, held under and by virtue of this a^Sl, (hall be
finally determined by the majority of votes then prefent, com-
puting one vote for every member then prefent, and no more.
Books to be Vi. And be it further ena6led by the authority aforefaid,

provid(;a for That a book for fubfcriptions (liall be provided within one
lubi'a5pnuiis. p^onth after the pafUng of this adl, in which laid book the faid
joint ftock, wliich fliall not be lefs than the fum of forty thou-
fand pounds, (hall be fubfcribed by the proprietors of the faid
manufadlory; and that each of the faid proo.rietors (hall not
(ubfcrlbe M^ than the fum of five hundred pounds, nor more

than

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I773-] Anno decimo tertio GeoRGII III. C 3S. 47

than the fum of fix thoufand pounds ; and that all and every
the faid proprietors (hall pay his, her, or their (hares and pro-
portions of the monies fubfcribed at fuch time and place as (hall
be appointed for the receipt of fuch fums of money as (hall,
from time to time, be ordered to be paid, in purfuance of any
call or calls to be made by the order of any general meeting, in
manner and form as is herein-after dired:ed ; of which feveral
calls, three calendar months notice at the leaft (hall be given,
by publi(hing the fame in the Londofi Gazeite^ and one or more
of the publick news-papers, at the difcretion of the general
meeting of the faid proprietors : and if any perfon or perfons
(hall negle6l or refufe to pay his, her, or their rateable or pro-
portionable part or fhare, parts or (hares, of fuch monies to be
called for, as aforefaid, within one calendar month after the
time appointed for payment thereof; and after perfonal notice
given to him or her, or notice in writing left at his or her ufual
or laft place of abode, then he, flie, or they, fo neglediing or re-
fuCng, (hall forfeit the fum of twenty (hillings for every one
hundred pounds of his, her, or their refpedive (hare or (hares
in the faid manufadture.

VII. And be it further enabled by the authority aforefaid, Proprietors
That whenever any proprietor fhall have incurred the penalty not making
aforefaid of tv^^enty fhillings for every one hundred pounds of t^^^^'P^y-
fuch (hare or (hares as he or (he may be >o(re(red of in the faid feiTtheir pm-
manufadory, for nonpayment in due time as aforefaid, of his perty in the
or her rateable proportion of money called for, and fuch for- manutadlory.
feiture (hall have been declared at fome general meeting of the
proprietors, it (hall and may be lawful at the fame, or at any fub-
iequent general meeting, for any five or more of the proprie-
tors then prefent to order and direft a further notice to be givea
to fuch proprietor; and in cafe he or fhe (hall not, within fix
months after fuch notice ferved perfonally, or left at his or her
mod ufual or laft place of abode, pay, or caufe to be paid, all
fuch fum or fums of money as fliall be then due and owing up-
on any call or calls as aforefaid, and for nonpayment of which
fuch former forfeiture (hall have been incurred, and fhall alfo
pay, or caule to be paid,, an additional fum of five pounds for
every one hundred pounds which fuch proprietor (hall have
fubfcribed towards the faid manufadory, then fuch proprietor,
in cafe the nonpayment of fuch fum or fums of money (halt
have been declared at fome general meeting of the faid proprie-
tors, (hall forfeit all his intereft, fhare, and property, in the
faid manufactory, together with all fuch fums as (hall have
been paid in, or (hall be then due and owing from any call or
calls as aforefaid; which laft-mentioned fum or fyms due and
owing from any call or calls as aforefaid, and the rcfpeclive pe-
nalties of twenty (hillings, and ?ivt pounds, herein-before men-
tioned, (hall and may be recovered by a6lion of debt in any of
his Majefty's courts of record at W^fim'wJIe?' : provided always.
That it (liall and may be lawful for the faid proprietors, at any
general meeting to be held after fuch forfeiture (hall have been
'incurred, to poftpone, mitigate, or remit the fame.

VIIL Aqd

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48 Anno decimo tertio Georgii III. c. 38. [1773,

Governor, VIII. And be it further enadted by the authority aforefaid,

deputy-go- That within the fpace of twenty days after paffing this ad, any
commktee to ^^^ ^^ more of them, the faid perfons herein-before named,
be chofen, A^all fummon and call together a general meeting of all the pro-
prietors in the faid joint ftock, who (hall and may quietly and
freely affemble themfelves, and meet together at the time and
place fo appointed ; and then and there, at their will and plea-
fure, name, chufe, and eled, one of the faid proprietors to be
governor of the faid company, and one other proprietor to be
deputy-governor of the faid company, and alfo five or more
other fit perfons to be committee-men of the faid company ;
the faid governor, deputy-governor, and committee-men, to
continue in their refpedlive offices and places, until a new elec*
tion (hall be had and made of a governor, deputy- governor,
and committee-men, in purfuance and according to the direc-
tions of this a6t.
Governor and IX. And be it further enabled by the authority aforefaid,
deputy-go- That every governor and deputy-governor of the faid compa-
^^^"Th^^ ^^^^ ^y ^^ ^^ ^^ eleded as aforefaid, before they be admitted to the
execution of their refpective offices or places of governor and
deputy-governor, fhall take the following oath before any two
or more of the faid proprietors, who are hereby impowered to
adminifter the fame :

The oatb., \T O U /wear that you will ojjijl^ and with all your power fupport
JL and maintain the company of Britifli-^^ plate glafs manufac-
turers^ and the privileges of the fame ^ having no refpep to yourfelf
in derogation^ hindrance ^ or prejudice of the good government^ ordeVy
and commonweal thereof-^ the bye-laivs and ordinances wjjich Jhallhe
made by authority of this comp'^y-^ and which are not hpugnant to
the laivs of this kingdom, you /J) all uprightly and duly execute accord-
ing to your hioivledgCy and to the utmoft of your power endeavour
to favour and maintain the true intcrejl and welfare of the faid
company.

So help you GOD,

Comtnktee- X, And be it enaded by the authority aforefaid. That every
men to take one of the faid committee-men of the faid company for the time
an oath, being, before they be admitted to the execution of their faid ref-

pective offices or places of committee-men, (hall take the follow-
ing oath before any two or more of the faid proprietors, who are
hereby impowered to adminifter the fame :

TUc oath. '\r O U fivear to he faithful and true during the time of your place
Y ^f ^^'Kft'i ^' ^^^ ^f ^^^ co?}}?nitiee-vien of the company of Brf*
x\[\\cail plate glafs manufaffurtrs^ and their fuccefjors^ the good'
effate i/ the adventurers in this prefent joint (lock you fiall^ as far as
you ar£ abk^ favour and prefcrve^ and the privileges granted to them
to the u^TTic-! 0^ '^our tower end favour to maintain.

" '' SohdpyouGOD.

XL And

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I773-] Anno decimo tertlo GeorgII III. C. 3S* 4g

XI. Jnd^ to the ejid that all matters and things to he done and General meet-
carried on by virtue and authority of this aL',i may be the more regii- ^nnualiy!
larly carried into execution^ be it enaded by the authority aforefaid.
That there (hall be, one annual general meeting of all the faid
proprietors on theTecond IVednefday m March iu every year for
the future, at fome convenient place for that purpofe to be ap-
pointed, at or after the hour of eleven in the forenoon, at which
faid annual general meeting the proprietors afTembled (hall chufe
a governor and deputy-governor ot the faid company, and alfo
five or more perfons^ each of v;hom (hall be for the time being
a proprietor of one or more fhare or fhares in the faid manu-
faaory, to be a committee or committees, to aifiil in manag-
ing the affairs of the faid company of proprietors, in fuch man-
ner as is herein direded, and as (hall, from time to time^ .
be ordered by any fuch annual general meeting, or by any fpe-
cial general meeting, to be held as herein-after mentioned, the
faid governor and deputy-governor always to be members of
fuch committee or committees ; and the faid governor and de-
puty and committee-men, (hall ferve and continue in their ref-
pe6tive offices and places for one whole year next enfuing their
refpedtive eledions, or until others fnall be eleded and appoint-
ed in their room.

XIL And be it further enaded by the authority aforefaid.
That if at any time it (hall appear to any five or more proprietors,
that, for the more effeaually putting this ad in execution, an
occafiortal general meeting of proprietors (hall be neceflary to
be held, the governor, deputy-governor, or any three or more
of the faid committee, onrequeil made in writing by the faid
five proprietors to the faid governor, deputy-governor, or com-
mittee-men, (hall caufe notice to be given thereof in the London
Gazette^ or in fuch other manner as the faid propietors, their
fuccefibrs or alTigns, (liall at any general meeting direct or ap-
point, declaring in fuch notice the place where and the time
when fuch meeting is to be held, the fame to be held within
one month from and after fuch notice given; and likewife fpe-
cifying in every fuch notice the reafon for and intention of fuch
meetings refpedively ; and the proprietors are hereby authorifed
to meet purfuant to fuch notice, and proceed to the execution
of the powers by this ac^ given them ; and every ad of the
proprietors, or the major part of them, at fuch meetings af-
fembled, (l^all be as valid to all intents and purpofes as if the
fame had been done at an annual general meeting, held in man-
ner herein-before appointed.

■ XIII. And it is hereby further enaded by the authority
aforefaid, That the commitee fo to be chofen as aforefaid, ^lall,
from time to time, be fubje6l to the examination and controul
of the faid annual or occafional general meetings of the faid pro-
prietors as aforefaid, and fhall pay due obedience \p all fuch or- ,
ders and diredions, in and about the premifes, as they (hall
from time to time receive from the faid proprietors, at any fuch
general meetings ; fuch orders and diredions not being contrary
to any exprefs diredions or provlfions in this ad contained.

Vol. XXX, E XIV, And

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5^ Anno decimo tertio Georgii III. c. 38, [^773*

Governors, XIV. And it is hereby further ena6lec!5 That in cafe the go-
&c dying vernor, deputy-governor, or any of the commitee-men for the
chofen!'' time being, (hall happen to die, or refign his office or offices,
before the expiration of the faid year for which he or they (hall
be fo eleded ; that then, and from thenceforth, it ftiall and may
be lawful to and for the faid governor, or deputy-governor, or
any three of the commitee to fummon and call together a gene-
ral meeting of the proprietors aforefaid, and then and there to
chufe into the place or places of him or them fo dying or refign-
ing one or more other fit perfon or perfons, as the cafe may
happen, to continue in their refpedive offices or places, during
the rertlainder of fuch year.
Meetings to XV. And be it further ena6led by the authority aforefaid,
be called by That from and after the firft general meeting hereby appointed
lr^''\Td com ^^ ^^orefaid, all and every the general meetings of the faid com-
mittee-nleT P^"^' hereby eftabliOied, (hall be, from time to time, called and
fummoned by the order of the faid governor or deputy-gover-
nor, or any three or more of the committee for the time being ;
at all which general meetings before- mentioned the governor
for the time being fhall be prefent, or, in his abfence, the de-
puty-governor for the time being, and in cafe of equality of
votes or voices, (hall have a calling voice.
No choke of XVI. Provided always, That if at any general meeting the
governor, Sec. number of perfons prefent (hall be lefs than nine, and the mem-
but^'by'mem^' bers prefent (hall not be pofTefTed of twenty (hares in the faid
hers poffenred J^anufadory at the leaft, no choice of a governor, deputy-gover-
of 20 Oiares. nor, or committee, (hall be made at that time ; but in fuch cafe
there (hall be an adjourned meeting of the faid company, at the
fame place, within one month, of which notice (hall be given in
the London Gazette^ and fuch other publick news-papers as fhall
be then agreed upon, or in fuch other manner as at any general
meeting ihall be direded for that purpofe, and fo from time to
time as occafion fnall require, until fuch choice (hall be made of
the governor, deputy-governor, and committee, as ought to
have been made at the firft day herein-before appointed, had
there been a fufficient number of votes prefent, and the perfons
fo chofen Oiall have the fame power which they would have
had, and continue in fuch office until fuch time as they would
have done, had they been chofen on the faid day herein-before
firfl: appoi'nted.
Company may XV 11. And be it further ena6ied. That the faid company of
niake bye- proprietors, their fucceflors and affigns for the time being, (liall
livv8, Sec. have power and authority at any general meeting, to be held as
aforefaid, in cafe nine or more proprietors are prefent at fuch
general meeting, pclTefled of twenty Qiares at leaft, but not
otherwife, to make fuch rules, bye-laws, and conftitutions, for
the faid government of the faid company, and for the good and
orderly carrying on the bufinefs of the faid manufadure ; and
• alio for the weJl- governing of the officers, fervants, workmen,

and others who fliall be employed in and about the bufinefs and
carrying on of the faid manufadure, or any part thereof; and
to impofe and inflict fuch reafonable fines or forfeitures upon

'ail

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I77S-1 Annodecimo tertio Georgii III. c.38. 51

all perfons ofFending againll the fame, as 10 the major part of
fuch general meeting fhall feem meet, hot exceeding the fum of
five pounds for any one offence ; fuch fines and forfeitures to be
levied and recovered by fuch ways and means as are herein- af-
ter mentioned.

XVIIL And be it further enaded. That it (liall and may be Bye-laws may
lawful to and for the faicj company of proprietors, their fuccelTors ^^ altered.
and afligns, at any general meeting to be held as aforefaid, in
cafe thirteen or more proprietors are prefent at fuch general
meeting, pofleffed of forty (hares at leafl:, but not otherwife, to
alter or repeal any rules, bye-la'WSj or conftitutions, made by
the faid company, at any former general meeting or general
meetings : and all fuch rules, bye-laws, and conftitutions, fo to
be made by the faid company, at any general meeting or meet-
ings, being fairly wrote and entered in the books of the faid
company of proprietors, (hall be binding to and obferved by all
the parties, and ihall be fufficient in any court of law or equity
to juftify all perfons who fliall acl under the fame.

XIX. And be it further enaded by the authority aforefaid, Books to he
That the book and books in which the accounts relating to the un^er the care
faid undertaking (hall be ftated and fettled, and all other matters %^^^l^ Ii^q'
and things relating thereunto, fhall be depoGted under the care company (hall
and cuflody of fuch perfon or perfons as the faid company of appoint,
proprietors, their fucceffors and afiigns, (hall, from time to time,

diredt and appoint, and every proprietor or proprietors, at rea-
fonable times, (hall have free accefs to fuch book and books, for
his, her, or their infpedion.

XX. And be it further ena<5led, That at every fuch annual Proprietors at
general meeting as aforefaid, the proprietors (hall call for, audit, S^^^^^^ meet-
and fettle all accounts of money which fhall hereafter be receiv- t^e^aceountsr
ed or paid in, for, about, or concerning the faid manufa6tory,

and fhall fettle and declare what dividend or dividends (hall be
made to the proprietors thereof: provided always. That no di-
vidend (hall at any time be made.amongft the faid proprietors,^
out of the profits arifing from the faid manufa6lory, over and
above five pounds per centum^ upon the capital flock actually
advanced, during fuch time as there fhall be due and owing
from the faid company any fucn or fums of money borrowed
upon the credit of their capital flock, or upon the profits and
produce arifing from the faid manufa61:ory.

XXI. And be it further enacted. That at any fuch general P*roptktors sf -
meeting as aforefaid, the proprietors (hall have power to make gei^ei'^l me£t-
fuch call or calls of money, for the purpofes of this aft, as they p"owertIm:^ke
ihall find wanting and neceffary, not exceeding iQ^ pounds pet ca)!s of mo-
centum on each fhare at any one call, under fuch conditions, pe- ney,
nalties, and forfeitures as herein-before mentioned, fuch notice

Qt notices, of fuch call or calls having firft been duly given z%
aforefaid ; which money, fo called for, (hall be paid to fuch per-
fon or perfons, and in fuch manner, as the faid general meetings
fhall, from time to time^ appoint and diredf , for the ufe of the
faid manufactory.

E 2 XXIL And

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52

General meet-
ings may be
adjourned.

Owners of
(hares dying
before calls
made for t[\e
full funis to
be advanced
on each (bare,

Truitees, &c.
indemnified
for making
payment.

Truftees neg-
le<5fing pay-
ment after fix
moFsths, fuch
{bares of ow-
ners to be
liable to the
forfeitures as
before direO:-
cd.

Proprietors
may fell and
difpofe of
tlicifJIiares.

Anno decimo tertio Georgii III. c. 38. [1773.

XXII. And be it further enaded, That for all or any of the
purpofes aforefaid, every fuch general meeting (hall have power
to adjourn themfelves, from time to time, and from place to
place, as (hall be thought convenient, and be agreed upon by
the majority of votes then prefent : and in cafe there (hall not
be a fufficient number of perfons prefent to form fuch general
meeting before two of the clock in the afternoon, on the day on
which luch general meeting fliall have been called, then any
one of the faid proprietors prefent, or their clerk for the time
being, (hall adjourn the faid meeting to the fame day fortnight,
and (hall give notice of fuch adjournment in manner before
mentioned.

XXIII. And be it further enaded. That if any owner or
owners of any (hare or fliares in the faid manufac1:ory fhall die
before fuch call or calls (hall be made for the full fum to be ad-
vanced on each (hare, which he, (he, or they (hall have been
poffefTed off, or intitled unto, without having made provifion by
will, or otherwife, how fuch (hare or (hares "(hall be difpofed of»
and the money paid in upon calls for the future ; then, and in
fuch cafe, the executors or adminiftrators of any fuch owner fo
dying, and the truftee or truftees, guardian or guardians, of any
infant, or other perfon or perfons whatfoever, intitled to the
eftate and effe6ls of fuch owner deceafed, (hall be indemnified
againft all fuch infant or infants, or other perfons whatfoever,
for paying any fum or fums of money, when called f6r, as
aforefaid, to compleat every fuch fubfcription : and if fuch ow-
ner deceafed (hall not have left a(rets fufficient, or in cafe the
executors or adminidrators, truftee or guardian, truftees or
guard ians;» ihall refufe or negle6l to anfwer fuch calls and pay-'
ments within the fpace of fix calendar months next after per-
fonai notice ferved on, or notice left at the ufual or laft place of a-
bode of fuch executors or adminiftrators, or fome or one of them,
or fuch truftee or guardian, truftees or guardians, then fuch (hare
or ^ares of fuch deceafed owner or owners, as alfo his, her, or
their pcrfonal eftate, (in cafe they (ball die leaving aftets,) fhall be
fubje<5l and liable to the fame penalties and forfeitures as are here*
in-before direcfled, in refpedl of the fliare or fhares of fuch per-
fon or perfons as (hall neglecft or refufe to pay in his, her, or
iheir rateable or proportionable part or fhare of fuch monies as
(hall be called for, in manner herein-before mentioned.

XXIV. And he it further enaded, Tiiat it ftiall and may be
lawful to and far the feveral pro}3rietors of the faid manufac4ory
to (ell and difpofe of any fliare or (hares he, (he, or they, IhaJl
or may be intitled to therein, fubje6l to the rules and conditions
herein mentioned ; and any purchafer or purchafers (hall, for
his, her, or their fecurity, as well as that of fuch proprietor or
proprietors, have a duplicate of the deed of aifignment or con-
veyance made unto him, her, or them, and executed by fuch
perfon or perfons, of whom he, fhe, or they, (hall purchafe the
fame, and alfo by the purchafer or purchafers thereof, one part
whereof; duly execuied, both by the feller and purchafer, (hall be

de-
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1 773-] Anno decimo tertio Georgii III. c. 38. 53

delivered to the company's clerk for the time being, to be filed
and kept for the ufe of the faid company; and an entry thereof
fhall be made in a book or books to be kept by the faid clerk
for that purpofe, for which no more than one (hilling fhall be
paid ; and the faid clerk is hereby required to make fuch entry
accordingly ; and until fuch duplicate of fuch deed fhall be fo
delivered in to the faid clerk, and filed and entered, as above
direded, fuch purchafer or purchafers fhall have no part or (hare
of the profits of the faid manufactory, nor any interefl for his
faid fhare paid to him, her, or them, or any vote as a proprie-
tor or proprietors.

XXV. Provided always, and be it further enacled by the au- Notice to be
thority aforefaid. That no fuch fale or Tales, except to a proprie- given of fales.
tor or proprietors of the faid company, fhall be made of any

fuch fhare or fhares, by any proprietor or proprietors, unlefs
three months notice in writing fhall be given to the governor,
deputy-governor, or any three of the committee, of fuch his,
her, or their intentions to fell the fame ; and unlefs confent
fhall be given by a majority of the whole number of proprietors,
fignified by ballot at fome general meeting, which fhall be held
within four months after fuch notice given.

XXVI. And be it further enacted. That in cafe the number Proprietors
of proprietors of the faid manufadory fhall at any future time reduced to 15,
be reduced to the number of fifteen or under, then ail the pow- ^^^^^J'^^cife
ers of this a61, fliall be fully exercifed and enforced, in like man- ^i^g powers of
ner as is 'herein-before direded, by a majority of fuch number, this aft in all
in all cafes where more than five proprietors are herein-before cafes where
required to be prefent at any meeting. . ^^^'l^^^^^^

XXVIL And be it enaded by the authority aforefaid. That prefent at a
in cafe the faid fum of forty thoufand pounds, herein-before meeting,
aiithorifed to be raifed, fhall be found infufficient for the efla- a further fam
blifhment and carrying on of the laid manufacture ; then, and may be raifed
in fuch cafe, it fhall and may be lawful to and for the faid com- by the com-
pany of proprietors, by and with the confent, affent, and appro- ^^ff^j'^^^j^Q^ **
bation of not lefs than three-fourths in number of the faid pro- fufficiait.
prietors, and not otherwife, to raife and contribute amongfl
themfelves, in manner and form aforefaid, or by the admifTioa
of new fubfcribers, upon fuch terms as they fhall think proper,
any further or other fum or fums of money, for eftabli filling and
carrying on the faid manufadory, not exceeding the fum of
twenty thoufand pounds ; and every contributor or fubfcriber
towards raifing fuch further or other fum or fums of money^
fhall have a like vote in refpedl of every fuch fhare in the faid
additional fum fo to be raifed, and fhall alfo be liable to fuch for-
feitures, and l^and interefted in the profits and produce of the
faid manufadory, for fuch fliare or fhares as he, flie, or they,
may fubfcribe thereto, as generally and extenfively, to all intents
and purpofes, as if fuch further fliare or fhares fo fubfcribed
had originally been part of the faid flock of the faid company ;
any thing herein-before contained to the contrary in any-wife
Dotwithftanding,

^ ^3 XXVIII, And

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54 Anno decimo terdo Georgii III. c. 38. [177^.

Forgiiigthe XXVIII. And be it further enaded by the authority afore-
compan? ^^'■^' ^^^^^ '^ any^perfoa or perfons fhall forge or counterfeit the
ifl^de felony. ^^^^ ^^ ^^^^ corporation, or any deed or writing under the com-
mon Tea), or (hall demand any money in purfuance of any fuch
forged or counierfeited deed or writing, either from the corpo-
ration or any members or fervants thereof, knowing fuch writ^
ing to be forged, with intent to defraud the fame corporation, or
their fucceffbrs, or any other perfon or perfons whomfoever,
every perfon fo offending:, and being convided thereof in due
form of law, Qiall be judged guilty of felony, and (hall be tranf-
ported to one of his Majefty's colonies or plantations in America
for a term not exceeding feven years.
Stealing or XXIX. And be it further enaded by the authority aforefaid,

deftroymgtbe That if any perfon or perfons diall, by day or night, break into
V/ofJcs, kiony. ^j-jy j-joufe, (hop, cellar, vault, or other place or building, or by
force enter into any houfe, (hop, cellar, vault, or other place or
building belonging to the faid manufactory, or wherein the fame
iball be then carrying on, with intent to fteal, cut, break, or
otherwife defrroy any glafs or plate glafs, wrought or unwrought,
or any materials, tools, or implements, ufed in, for, or about
the making thereof, or any goods and wares belonging to the
faid manutadory, or Ihall fteal, or wilfully or malicioufly cut,
break, or otherwife deifioy, any fuch glafs materials, tools, or
implements, every fuch offender, being thereof lawfully con-
vi61ed, fliail be judged guilty of felony, and jfhall be tranfport-
ed to one of his Majefty's colonies or plantations in v^wmr^
for a term not exceeding feven years.
WritingG io XXX. And be it further enacted by the authority aforefaid,
be without That no contracl, agreement, tranfer, or affignment of any
ftarnps. fhare or (hares, or other writing whatfoever, made in purfu-

ance of the powers given in and by this prefent a6t, fhall be
charged pr chargeable with any ftamp-duty whatfoeVer; and
that no proceedings to be had or taken in purfuance of this
a6l fl^all be quafhed or vacated for want of form only.
Fines and XXXI. And be it further enaded by the authority afore-

forfeitiires faid. That all lines, penalties, and forfeitures, infli6led by this
how to b^ re- a^cj.^ Qj. i^y gp^y rules, bye-laws, or conftitutions, made by the
^^^^^— * iaid company of proprietors, their fuccefTors or affigns, by the

authority thereof, the levying and recovering of which faid fines,
penslties, and forfeitures, are not herein-before particularly di-
recled, fhall be levied and recovered by diftrefs and fale of the
pffender's goods and chattels, by warrant under the hand
and fea], or hands and feals, of one or more jnftice or juftices
of the peace for the county wherein the faid manufadfure (hall
be carried on, as aforefaid ; which fajd juftice or juftices is and
are hereby authorifed to hear and examine a witnefs or witneffes
upon oath, and determine the fame, and may, according to his
or their discretion, mitigate any fine, penalty, or forfeiture, to
be infiidled on any oflE^ender or offenders by virtue of the powers
in this a6f contained ; fave and except fuch forfeitures and
penalties as afe herein-before directed for nonpayn^pnt of fucli

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1773-] Anno decimo tertio Georgii III. c. 38. 1^5

futn or fums of money as fhall be called for from the faid
proprietors, as aforefaid ; and all fuch refpedive fines, forfeit
tures, and penalties, by this zdc impofed and inflided, the ap-
plication whereof is not herein-before particularly diredcd, (hall
be paid, and fliall be applied and difpofed of, to, and for the
ufe of the faid manufa6lure, and to and for no other ufe or
purpofe whatfoever.

XXXII. And be it further enacted by the authority aforefaid, Limitation of
That if any a6lion, fuit, or information, fliall be brought or ^^^^"s.
commenced againft any perfon or perl<3ns for any thing done in
purfuance of this a6l, or in the execution of the powers and
authorities, or the orders and diredions herein-before given or

granted, every fuch adion, fuit, or information, fliall be brought
and commenced within i\x calendar months next after the fa6l
committed for which fuch adion or fuit fliall be commenced,
and not afterwards, and fhall be brought, laid, and tried, in the
county where the faid manufadure Ihall be carried on as afore-
faid, and not elfewhere ; and the defendant or defendants in all
fuch anions or fuits may plead the general iflue, and give this General ifTuc,
ad, and the fpecial matter, in evidence, at any trial or trials to
be had thereupon, and that the fame was done in purfuance and
by the authority of this ad : and if it (hall appear to have been
fo done, or if any adion, fuit, or information, fliall be brought
after the time before limited for bringing the fame, or fliall
be brought or laid in any other county or place than as afore-
faid, that then, and in every fuch cafe, the jury fliall find for the
defendant or defendants ; and if a verdid or verdids fliall be
found for fuch defendant or defendants, or if the plaintiff fliall
become nonfuited, or difcontinue his, her, or their action, fuit,
or information, after the defendant or defendants fliall have ap-
peared ; or if, upon demurrer, or pthervvife, judgement fliall be
given againll the plaintiff or plaintiffs 5 the defendant or de-
fendants, in every fuch cafe, fliall have treble cofts, and fliall Treble cods,
have fuch remedy for recovery of the fame as any defendant or
defendants hath or have for cofts of fuit in other cafes by law.

XXXIII. And be it further enaded by the authority afore- Commence-
faid, That this ad fliall take place and have continuance, from menr and
and after the paffing thereof, for and during the term of twenty- continuance
one years, and from thence to the end of the then next feflloa °^ ^^^^ ^^'
of parliament.

XXXIV. And be it further enaded by the authority afore- Publick a6t,
faid, That this ad fliall be deemed, adjudged, and taken to be

a publick ad ; and fliall be judicially taken'notice of as fuch by
all judges, juftices, and other perfons whomfoever, without
fpecially pleading the fame.

E 4 CAP.

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$6 Anno decimo tertio Georgii HI, cc.39. [i773*
CAP. XXXIX, ^

An a6l for draining and preferving certain fen lands and low grounds,
called King's Delph and Eight Roods, and alfo other fen lands and low
grounds in a certain place called Farcett Fen, adjoining thereto, lying
near to the hamlet and village of Farcett and Standground in the
county of Hohtino^don.
Preamble. Commi/iioners appointed. Every owner of 30 acres may ap-
point a commiflioner. IF an owner of 30 acres be a miaar, &c. the guar-
dian or committee co 3d: or appoint a commiffioner. Joint-owners, &c«
taxed by virtue of this a^l, may a^t as commifrioners, or by their deputies?
provided their fnares are not lels than fifteen cicres. Appointment of
CommifTioners to be enteied id a book, &c. Firft meeting of commi/lion-
ers. Meetings may be adjourned. Nothing to be done but at publick
meetings. Draining of Ivinds and other wo'fks to be under the direction
of comnufTioners. Commiilioners to make drams, &c. making fatisfa6i:ion
to perlons having a right to the foil. Two engines to be ereiSed. Power
to the commiffioners to prevent the water of the higher lands defcending
on the low Jands. CommifFioners neglecting to make dams, the owners
may make the fame, and the expences to be paid by the treafurer. Own-
ers making new cuts, &c. the commifiioners to caufe proper dams and
headings to be made, to prevent waters defcending upon the lower lands.
Owners refuiing to pay the expence may be profecuted. Tunnels may be
made when the engine is out of repair. The water not to pafs through
the tunnels, when the engine at the head of the Twelve Foot dike is Hop-
ped. _ Overfalls to be placed in any parts of the drains, &c. If the perfon^
appointed for making overfalls, ike. fliall uegleft, others to be appointed.
Commiflioaers may make contra6fs. Commiffioners to contraft for the
purchafe of lands. Where perfons {hall refufe or negleft to treat. Jury tq
be Summoned to afcertain the value of damages. Jury may be challenged,
Witneffcs may be called and examined upon oath. Verdid to be final,
Witnelles not appearing, or refuiing to be fworn, or any jury-man refuf-
ing \^o be fworn, or not giving a verdict/ (hall forfeit 40s* Expences of -
|ury .how to be paid. Commiilioners may proceed on works after fatisfac-
fcion. Tender of recompence made to commi/iioners, &c. for furveying
and levelling lands, &c. Bodies politick, S:c. to have fatisfa6lion for da-
mages. All verdi<5ls, &c, to be in rolled with the clerk of the peace.
Lands taxed to be afcertained, and maybe taxed not exceeding '^s.p^r'
sere per annum. Mellrs. Hoggard, Moore, and Wing's award to be bind-
ing aiidconclufive. In cafe of death of any fuch perlons, &c. commiilion-
ers to appoint oc'iers. In cafe the perfons appointed do not make their
award in fix montlis, other, to be appointed. Oath to be taken. Power
to make a furvey, Rifurvey allowed. Rates or taxes to be paid half-
yearly, Pov, er to dilirain. CommiffiOners may borrow money, not ex-
ceeding 2000 1. No more than 100 1. to be borrowed on one fecufity. Se-
curities to be aHignabiej and to be entered in a book. Tax chargeable
wiih payment of the principal money, may be veiled in creditors. Taxes
jnay be raifcd, and iowejed again, if neceffary. Comniiflioners may ap-
point cjiii:£r^\ and remove them, and appoint others. Treafurers to give
iecuriry. Otlkcrs to account yearly. Accounts to be entered. Power tq
compel ofilcers to account. Penalty on officers refufmg to account, Pro-
ceedings to be entered in books. Orders not to be reverfed, unlefs nine or
more comm'^fiioners be prefent. Perfons burning or otherwife deftroying
the VvO' ksj guilty of felony. Penalty of 50 1. on damaging, &c. the works,
iComminioners may take in water from the rivers Nen and Bevill ; and
owners of lands may take in water from the river Nen by tunnels, at their
own expence, Perfons erecSfing any horfe-milK &c. to difcharge water,
other than into Bevill's and Nen rivers, to forfeit 50 1. No houfes, &c. to
be built on banks near milis^ on penalty of 100 1. &c. Commiilioners
may cut down trees or bolts already planted near mills. Ov<.ners,'&c. tcj
cleanfis dikes, &c. and in cafe of r.egltvl, furveyors to do it at the owner's
expence. CommifTioners may appoint a mole catcher. Engines and mills
to be infured* This zB. not to_be given in evidence touching the local

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1773'] Anno decimo tertio Georgii III, c. 40. ^"j

fclte of the lands. Twelve Foot t3 rain belonging to Sir Sampfon Gideon
veiled in the commiirioners. Commiirioners not to have power over ad-
venturers' land. ' Commiffioners. to repair Twelve Foot drain. Owners of
adveiKurers' !and$ not to cut into Twelve Foot drain. Sir Sampfon.
Gideon, &c. to keep up the banks of the adventurers' lands. Writings to
be without ftamps. Penalties and forfeitures how to be recovered and ap-
plied. Perfons aggrieved may apply to the next fefiion. Proceedings not
to be quaflied for want of form. Diftrefs not to be deemed unlawful for
want of form j nor the party diftraining a trefpaffer <2^ /Vz/V;^?. Convidion
to be drawn in the following form. Keferving the rights of the corpora-
tion of Bedford level. Saving tne rights of the commiflioners of Salter's ,_
load iluice navigation- Limitation of a6fions. General ilTue. Treble
cofts. Publick a6l.

CAP XL.

An a<5l for amending and rendering more effeflual an aft, made in the
twenty-feventh year of the reign of his late majefty King George the
Second, intituled, An aft for difcharging the corporation of the gover-,
nor, bailiffs, and commonalty, of the company of confervators of the
great level of the fens, commonly called Bedford level, from a debt due
to the duke of Bedford and earl of Lincoln ; and for enabling the pro-
prietors of lands in the north level, part of the faid great level, to raife
money to difchgrge the proportion of the faid north level in the debts
of the faid corporation 5 and for afcertaining and appropriating the
taxes to be laid on the faid north level 5 and for the more efFc6fual
draining and prefer'>ing the faid north level, and divers lands adjoining
thereto, in the manor of Crowland ; fo far as the fame relates to the fe-
yeral fen lands lying in the fecond diftrift in the faid aft deicribed.
Preamble, Aft 2,7 Geo. a. Tax of as. 6d. per acre. Tax payable for
14. years. Perfons allowed to purchafe olf the tax of 2 s, G(\. an acre.
After expiration of 14. years, commiflioners to have power to lay a further
tax of is. 6d. per acre. Qu^antities of lands as in former aft. Tax of
a s. 6 d for 14. years, veded in commiirioners, in order to pay the debts of
the dillri6f, &c. The tax of as. 6 d. per acre to ceafe if the debts are paid
before the, faid 14 years. Commiflioners appointed by the former and this
prefent aft to have equal power. CommifTioners to take an oath. On de-
fault of payment of taxes, coramifiloners to have povi-er to diftrain. Te-
nant to pay taxes, and dcduft the fame out of his rent. In cafe lands are
untenanted, tax to remain a charge thereon, and to be entered and diftrain-
ed on at any future time when tenanted. Claufe for borrowing money.
Not to afFe6l the creditors under the former afts. What fums may be
borrowed. Writings may be without ffamps, Perfons pofleffed of allign.
merits intitled to m.ortgage monies and intereit. Former tax of i s. per
acre, and the present tax of is. 6d, per acre, fubjeft to debts. AppUca-
tion of the 1000 1. to be borrowed on the 1 s. per acre, charged by the
former a6f. Proceedings to be entered in books. Orders not to be with-
out notice. Engines and mills to be infured. Mole catching. No houfes
or buildings to be erefted within 40 poles of the mills or engines. Penalty
for offending. Owners to fill up their foak dikes and foak gripples.
CommifTioners to have pov^er to remove trees or holts already planted,
making "iatisfaftion to the owners. Diftrefs not unlawful for want of
form. Recital of the manner formerly ufed in the navigation on the
river Nen to the town of Thorney. Duke of Bedford's prefent powers
under this aft. Method of throwing water out of Thorney dike. Power
of commifTioners with refpeft to the water engine at the bottom of Thor-
ney dike. Commiflioners to have power to enter on the duke of Bedford's
property to work the engines. At what times the mill at the lower end
pf Thorney dike is not to wprk for the benefit of the diftrift The duke
of Bedford to have the property of the navigation, fo long as he fupports
the works thereof. Works of the navigation how to be prevented froni
damage- Convi6lion of offenders to be drawn up in the following form,
timitation of aftions. General ilTue. Double cofts. This aft not to al-
^er the former aft. Rights of corporation of Bedford level preferved.
Publick aft.
' CAP.

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5? Anno decimo tertio GeoRGII IIL c.41. 1^773-

C A P. XLI.

j^n aR for enabling James Cox, Jeweller^ to difpofe of his
7}7ufaeu7n^ commonly called Cox*s mufaeum, by zvay of
chance^ in fuch manner as may be mojl for the benefit of
himfelf and his creditors.
Preamble, "f I" /HERE AS James Cox ^Shoe Lane, in the city ^/London,
V V Jeiueller^ hatb^ in the profecution of his trade .^ invented fever al
mechanical pieces of uncommon and expenfive tvorkmarijlnp ; in the con-
Jinittion ofzvhich employment has been afforded to numbers of mgenious
and indujirioiis artijis and workmen ; and many of the f aid pieces have^
for feveral years pajl^ been difpofed of in foreign countries^ much to
the honour as vjell as advantage of this kingdom : and tvhereas the
fdid James Cox hath^ with great labour^ ingenuity^ and ex pence ^
contrived and brought to perfection other pieces compofing the mufaewr.^
commonly called Cox's mufaeum, which were originally intended to
be difpofed of in the Eaft Indies, as many other pieces of the lih kind^
invented by the faid James Cox, to the amount of near fix hundred
thoufand pounds j have already been : and whereas the faid James
Cox hath neceffarily contra^ed large debts in completing the faid mu-
faeum ; and the faid miifaeum^ on accou?it of the great value and
price thereof^ and alfo on account of the prefent difirefs and fear city of
money in the Eaft Indies, as well as in Europe, cannot eafly be dif-
pofed of in the common zuay of f ale : and ivhereas^ unlefs fom.e en-
couragement under the fan^ion of parliament be given to the faid
James Cox, to enable him to difpofe of the faid mufaeum to the beff
advantage^ and by fuch fale to continue ivith fuccefs^ in the coiirfe of
his trade as a jeweller^ his ingenious and ufeful endeavours^ zvhich
have^ for many years paft^ found employment for near one thoufand
workmen and arttjh^ the debts contracted by the faid James Cox can-
not fpeedily be difcharged^ and numbers of artifs aitd worhnen will
be deprived of employment : in order therefore that this ufeful branch
of trade ^ brought to fo much perfection by the faid ]2i\:nts Cox, 7nay
flill be carried on zoiih fuccefs^ may it pleafe your Majefty, at the
^humble petition of the faid James Cox^ that it may be enaded i
and be it enabled by the King*s moil excellent rnajefty, 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 (hall and may be lawful to
Mr. Cox im- ^nd for the faid Ja7nes Coxi his heirs or afligns, and he and they
poviered to is and are hereby authorilied and impowered, at any time or
dTpofe of his times before the firft day tf January^ one thoufand kvQn hun-
mufaeum. ^^^^ ^j^^ eighty, to fell and difpofe of the faid mufaeum, and
the feveral pieces compofing the faid mufaeum, fpecified in the
fchedule to this a6l annexed, in fuch manner as the faid James
Cox, his heirs or affigns, fliall think proper, without being li-
able or fubjed to any penalty or forfeiture impofed by any adt
or a6ls of parliament againft any fale or fales by way of lottery,
or by lots, tickets, numbers, or figures ; and that fuch fale or
fales fo to be made of the faid mufaeum, and of the feveral

pieces

Hosted by Google

1733O Annodecimo tertio Georgii III. C 41. 59

pieces compofing the fame, by the faid Jamei Cox^ his heirs or
afligns, before the faid firft day oijajiuary^ one thoufand {^s^n
hundred and eighty, fhall be good and valid, any law or ftatute
to the contrary thereof notwithftanding.

II. And be it further enaded. That this a<ft (hall be deemed, Publick ad.
adjudged, and' taken to be a publick adl; and be judicially
taken notice of as fuch by all judges, juftices, and other perfons
whonqifoever, without fpecially pleading the fame.

A SCHEDULE of the pieces already compofing,
and of other pieces nearly compleated, which are in-
tended to compofe the mufaeum, commonly called
COX's MUSAEUM.

No I . \ Horfe, tent, and pedeftal, with chimes and mecha-
±\. nifm ; eight feet high,

2. A mufical chime, with mechanifm.

3. ditto.

4. A pair of bulls, with docks, chimes, mechanifm, and

pedeftal ; eight feet high.

5. A camel, with bridge, chime, timepiece, and mechanifm,
6» A vafe of flowers in jewellery, with timepiece, chime,

mechanifm, and pedeftal ; feven feet high.

7. A ftag, large as life, with clock, chimes, and mechanifm ;

fix feet high.

8. A goat, with chimes and mechanifm.

9. A cabinet of gold and agate, with clock, chimes, and

mechanifm,

10. A rhinoceros, with timepiece, mufick, and mechanifm.

11. An elephant and filver temple, with mufick, mechanifm,

clock, and pedeftal.

12. A large amber vafe of flowers, with chimes, mechanifm,

and pedeftal; nine feet high.

13. A gardener's boy and vafe, with pine-apple, timepiece,

muftck, mechanifm, and mirrors \ fourteen feet high.

14. An eaftern fofa of gold, with reflecting mirrors, convex

fpeculums, crimfon and gold feats, and fplendid orna-
ments ; fourteen feet high,

15. A pair of bulls, with clocks, chimes, mechanifm, and

pedeftal ; eight feet high.
i6, A goat, with chirpes and mechanifm.

17. A very large pot of flowers of jewellery, with artificial

waterworks, chin^es, mechanifm, and pedeftals ; ten
feet high.

18. A camel, with bridge, chime, timepiece, and mechanifm.

19. A rock, with mufical chimes, mechanifm, and timepiece.

20. A mufical chime, with mechanifm.

21. A ditto,

N*^ 22 i

Hosted by Google

So Anno decimo tertio Georgii III. c.41. [1773.

N^22. A goat, with chimes and mechanifm.

23. An elephant and temple, with mulick^ mechanifmj clock,

2nd pedeftal.

24. A cage of linging-birdsj with mufical chimes, clock, and

mechanifm, placed in a commode of lapis and gold
ftone, containing a chime of bells, and fountains of
of artificial water ; ten feet high.

25. A palm tree in a tub of avanturine, hooped with jewel-

lery, filled with mechanifm and mufical chimes, with
ferpents ifluing from the root twining round the tree,
afcending amongil: the branches, and difappearing;
ten feet high,

26. A mufical chime with mechanifm.

27. ditto.

28. A vafe of flowers in jewellery, with chimes, mechanifm^

and pedeftal.

29. An onyx and gold cabinet, with chimes, timepiece, and

mechanifrn.

30. A rhinoceros and caftle, with chimes, timepiece, and

mechanifm.

31. A mufical clock.

32. A fiag, large as life, on its back a temple, with a three-

faced clock, mufick, and mechanifm ; fix feet high.

33. A pair of vafes, with girandoles, fupported by turtles.

34. A mufical chime with mechanifm,

35. ditto.

36. 'A large amber vafe of flowers, with chimes, mechanifm,

and pedeftal ; nine feet high.

37. A temple of agate, with cafcades of artificial water, fi-and-

ing on a rock, furrounded by a double gallery, trium-
phal chariots moving therein, with mufical chimes,
mechanifm, and a large animated elephant below the
V gallery, ftanding between palm trees, placed at right

angles, on an ornamented terras. It terminates with
a ftar, and is ten feet high.

38. A fofa of gold, with refleding mirrors, convex fpecu-

lums, crimfonand gold feats, and ornaments^ twelve
feet high.

39. A goat, with mufick and mechanifm.

40. A mufical clock, with mechanifm,

41. A gardener's boy, with vafe and pine-apple, timepiece,

mechanifm, and mirrors ; ten feet high,

42. A mufical chime, v^^ith mechanifm.

43. ditto.

44. An automaton figure of a chinefe, that plays on the flute,

with mufical chimes and mechanifm, upon a commode
of lapis and gold fi:one, which contains an organ, and
in front, artificial water- works, with a water-mill and
bridge 3 and terminates with a fpiral ftar3 nine feet
high. ,

N^4S-

"b'

Hosted by Google

1773- Anno decimo tertio Georgii IIL c.42,43. 61

N<^45. A buft of her imperial Majefty the emprefs ofRuffia^mth
briliiant ornaments.

46. A pyramid of fountains of artificial water, with ornaments

and embelli(hments of gold and jewellery, dolphins,
dragons, tritons, fea nymphs, and (hips failing, and
water afcending, defcending, and running in near
three hundred ftreams ; which pyramid is fixed on a
pedeftal of cryftal rocks, fea horfes, and other imita-
tions, with ornaments of jewellery, placed with a re-
cefs of mirrors, terminating with an irradiating ftar of
near three feet diameter, and fourteen feet high.

47. The chronofcope and obelifk, with pedeftal, mufica!

chimes and mechanifm, {landing within a pavilion of
mirrors, with a canopy of red morocco and gold, ter-
minating with a golden eagle ; fourteen feet high.

48. A fwan, large as life, formed of filver, filled with me-

chanifm, beating time with its beak to mufical chimes^
feated on artificial water within reflecting mirrors j un-
der the fwan are water-w^orks, terminating at the top
with a rifmg fun, upwards of three feet diameter; the
whole eighteen feet high.

49. The perpetual motion, being a mechanical, mathemati-

cal, and phiiofophical timepiece.

50. The throne of gold, twenty feet high, with all its deco-

rations, altars, pavilion of velvet, and band of me-
chanical mufick;.

^ C A P. XLII,

An a6l for amending, Sightingj and patchings the highways or roads
within the town, village, or chapelry, of Fetefiliam> in the couaty of
Surreyo

C A P. XLIII.
^n aEl to regulate the importation and e^cportation of corn,

WFIEREAS the fever al a^s of parliament heretofore made Preamble*
concerning the duties and boimties refpe^lvely payable en the
importation and exportation of corn and grain have greatly tended
to the advancement of tillage and navigation ; yet neverthelefs^ it
having been of late years found neceffaryj on account of the fmall
quantities of corn and grain in hand^ and of the Jhortnefs of the crops ^
to fufpend the operation of thofe laws by temporary fatufes^ whereby,
the benefits derived from the faid a£ls of parlia?nent have becn^ during
fuch emergencies^ withheld and fufp ended : and vjhereai the regulate
ing the importation and exportation of corn and grain by a permanent
laiv^ under fuch general rules and provifions as tnight render^ for the
time to come, fuch temporary laws unneceffary^ would afford encou-
ragement to the farmer^ be the tneans of increafing the growth of that
neceffary commodity^ and of affording a cheaper and more confant
fupply to the poor.^ and preventing abufe in that article of trade ; . .
may it therefore pleafe your Majefty that it may be enabled ;
and be it en2(R:ed by the King's moft excellent majefty, by and
with the advice and confent of tlie lords fpiritual and temporal,

and

Hosted by Google

62 Anno decimo tertio Georgii III. c.43; liy^2:

and commons, in this prefent parliament aflembled, and by
the authority of the fame. That from and after the firft day of
January^ one thoufand feven hundred and feventy-four, when-
ever the price of iniddling BritiJJj wheat, at the ports and places
where wheat fhall be imported into this kingdom, fhall appear
according to the methods direded by the feveral ads of parlia-
ment for afcertaining the rates and prices of corn and grain im-
ported, or as herein-after dire6led by this a6l to be at or above
forty-eight (hillings per quarter, or whenever the price of midd-
ling Britijh rye, peafe, or beans, fhall in like manner appear
jefpedively to be at or above thirty-two (liillings per quarter, or
whenever the price of middling Brkijh barley, beer, or bigg,
fhall in like manner appear refpe6tively to be at or above twen-
ty-four {hillings per quarter, or whenever the price of middling
Brhijh oats ihall in like manner appear to be at or above fixteen
Ihillings per quarter, all cuftoms and duties now payable re-
fpe6lively, upon wheat, wheat-flour, rye, peafe, beans, barley,
beer, bigg, and oats, imported into this kingdom, (hall refpec-
tively ceafe, determine, and be no longer paid or payable dur-
ing the refpe6live continuance of fuch refpedive prices as afore-
faid ; and in lieu of the former duties, a duty of only fixpence
per quarter (hall be laid upon all wheat ; and a duty of two-
pence for every hundred v/eight of wheat-flour ; and a duty of
three-pence per quarter (hall be laid refpeclively upon all rye,
peafe, and beans ; and a duty of two-pence per quarter (hall be
laid refpedively upon all barley, beer, and bigg ; and a duty of
two-pence />fr quarter (hall be laid upon all oats imported into
fuch ports and places, during the continuance of the prices a-
forefaid ; fuch duties to be levied, colleded, paid, and applied,
in the fame manner as fuch former duties were before the mak-
ing of this a6t : and fuch wheat, wheat-flour, rye, peafe, beans,
barley, beer, bigg, or o^^ts, may be carried coaftwife, and enter-
ed or landed in any other ports of this kingdom at which the
prices of middling Britijh corn, grain, or flour, are at or above
the refpedlive rates aforefaid, and afcertained in manner afore-
faid, and in no other, under fuch regulations as wheat, wheat-
flour, rye, peafe, beans, barley, beer, bigg, or oats, of the
growth of this kingdom, are now allowed to be carried coafl:-
wife.
In cafe wheat, IL And it is hereby further ena61:ed by the authority afore-
vi'beat-fiour, faid. That in cafe any wheat or wheat-flour, rye, peafe, beans,
rye, &c. be barley, beer, bigg, or oats, (liall be imported into the ports of
Ivhen^the'du- ^^'Ift^h Berwick^ Beau7naris^ Dover ^ Exeter^ Falmouth^ Harwich^
ties not re- Hull^ London^ Lynn Regis ^ Lancajier^ Liverpook^ Milford^ l^eiv-
pealed (h^lJ be eaflle^ Nezvhaven, Poole, Southampton^ Stockton^ Whitehaven^ Tar-
^T'be^l ^Ted ^^^^^'^^' ■^>'^^' Leith^ Port Gbfgoiu^ Aberdeen, Kirkwall^ or any or
wkhout p"y^ either of them, at any time when the duties not repealed by this
ment of du- a^ (h^ll be due and payable for fuch fpecies of corn, grain, or
tiesj flour refpecl-ively, the fame, upon due entry thereof, may be

forthwith landed from on board the fhip or veffd in which fuch
fpecies of corn, grain, or flour, (hall be fo imporred, in the pre-
6 fence

Hosted by Google

^773'] Anno declmo tertio Georgii III. c.43. 6^

fence of the proper officer or officers of the cuftoms, without
payment of the faid duties : provided that an exa6t account be
taken of the quantity thereof, and entered in a book, to be
kept by the proper officer in the aliftom-houfes of the faid ports
refpcdively ; and that fuch corn, grain, or flour, (hall, upon
landing, be immediately lodged and fecured under the joint
locks of the King and the importer or proprietor of fuch corn, and ware-
grain, or flour, in fuch Warehoufes as (hall be for that purpofe houfe under
provided, at the fole expence of the importer or proprietor of ^f^J.^'^^j^j^^^^
fuch corn, grain, or flour, with the approbation, and under the ^lu^ ^^e ioJ
care and infpe^lion, of the commiflioners of the cuftoms, or porter.
any three or more of them, or the colle6lor and comptroller of
the cudoths for the port where fuch corn, grain, or flour, (hall
be imported, with liberty for the proprietor or his fervants to
fcreen, turn, and take fuch other care of the fame, as neceffity
ihall require, in the prefence of fpme officer or officers of the
cuftoms, to be appointed for that purpofe by fuch commiffion-
ers of the coftoms, or the colledor and comptroller of the port;
and fuch corn, grain, or flour, (hall not be delivered or taken
out of any fuch warehoufe, but upon the following conditions;
that is to fay, if fuch corn^ grain, or flour, or any part thereof, Condldonsof
ihali be delivered, in order to be ufed or confumed in this king- <ielivery of
dom, the perfon or perfons fo taking out the fame ihall firft ^"^^ ^^^"j,
pay down, in ready money, fuch duties as (hall at the time of ^^^^"' orfloiir.
taking out fuch corn, grain, or fiour, be due and payable for the
like fort of corn, grain, or flour, imported into the fame port ;
and fuch corn, grain, or flour, ihall be meafured out from the
faid warehoufes, and (hall pay the duties by the ftr^cken bu(hel,
and not by the heaped bu(hdy and (hall, in all other refpedls be
liable to the fame refl:ric9:ions and regulations as it would have
been liable to if the fame had not been warehoufed in purfuance
of this ad; and if fuch corn, grain, or flour, fo warehoufed
as aforefaid, (hall be delivered or taken out for exportation to
foreign parts, the ov^^ner or exporter thereof, together with one
other fufficient perfon, to be approved of by the colIe6lor and
comptroller of' the cuftoms at the port of exportation, (liall
enter into bond to his Majefty, his heirs and fuccefTors, in treble
the amount of the full duties v-zhich would be then due and pay-
able for fuch corn, grain, or flour, if the fame was confumed in
this kingdom, with condition that no part of fuch corn, grain,
or flour, fhall be relanded in Great Britam^ Ireland^ the iflands
of Guernfey^ J^^f^y* Alderney^ Sark^ or Man, or the illands of
Faro or Ferroi wliich bonds (hall be difcharged without fee or
reward, upon certificate returned under the comtnon feal of the
chief magiftrate for, or under the hands and feals of two known
Britijh merchants refiding at, the place where fuch corn, grain,
or flour, was landed, or upon proof by credible perfons, that
fuch corn, grain, or fiour, was taken by enemies, or perifhed in
the feas, the examination and proof thereof being left to the
judgement of the refpeclive commiflioners of the cuftoms where
fuch bond was given, or any three or more of them \ 2nd if the

• faid

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64 Anno decimo tertio GeoRGII III. c.43. [1773^

faid bond (hall not be profecuted within three years, the fame
(hall be void.
Corn tranf- ^^^' ^^oyldcd always, That nothing herein contained fliall

ported from extend, or be conftrued to extend, to the prohibiting fuch corn,
Ireland may grain, or flour, as hath been, under the permiffion herein al-
back '"^"^ ^<^wed, tranfported from Ireland into this kingdom, and here
warehoufed, from being again carried back to Ireland^ fubjedl
to the like fecurities and reftridions in all other repedls as is
required upon the exportation of any other foreign corn, grain,
or flour.
Penalty on re- IV. Jni the better to prevent the relanding- of fuch corn^ grain^
landing corn, or flour ^ be it further enacted by the authority aforefaid. That
S^ddiver^d^^' all fuch corn, grain, or flour, fo delivered as aforefaid for ex-
portation, fliall be exported diredly from the port where the
fame was fo delivered, and fliall not be removed or carried, by
land or water, to any other port or place in this kingdom \ and
if the fame fliall be fo removed or carried, or relanded, or un-
fliipped to be relanded in this kingdom, over ''and befides the
forfeiture of the bond herein-before mentioned, all fuch corn,
grain, or flour, together with the boats, lighters, or any other
veflels, horfes, carts, or other cattle or carriages, which fliall
be employed or made ufe of in the removal, carriage, or con-^
veyance, of fuch corn, grain, or flour, as alfo the fliip or vef-
{t\ from which the fame ihall be unloaded, together with her
tackle, apparel, and furniture, fliall be alfo forfeited, and fliall
and may be feized by any oflicer or officers of the cuftoms ; and
all and every perfon and perfons who fliall be aflifling, or other-
wife concerned in fuch removing or carrying, or the unfliip-
ping or relanding of fuch corn, grain, or flour, or to whofe
Jiands the fame fliall kriowingly come after the unfhipping there-
of, fliall alfo forfeit treble the value of fuch corn, grain, or flour j
which faid penalties and forfeitures fliall and may be profecut-
ed, fued for, recovered, and divided, in fuch manner and form,
and by fuch rules and regulations, as penalties and forfeitures
inflicled for unfhipping prohibited oruncuftomed goods in this
kingdom, may be profecuted, fued for, recovered, and divided,
by any law now in force.
Corn of the ^ ' ^"^ ^^ ^^ further enacled by the authority aforefaid. That

fpecies men- whenever the price of middling^nV//^ wheat, at any port or place
tioned not to within the kingdom of Great Britain from whence the fame fliall
betranfport- ]^^ intended to be exported, fliall appear to be at or above the

ed: VlZ.Britllh . re . C n-xy -. . r I • i • r

wheat, when P^^^^ ^^ torty-four ihillmgs />^r quarter, luch price being afcer-
at 44s. per tained in manner aforefaid, no perfon or perfons whatfoever
quarter 5 fliall, dire611y or indiredly, export, tranfport, carry, or con-

vey, or caufe or procure to be exported, tranfported, carried,
or conveyed, out of or from any fuch port or place, or load or
lay on board, or caufe or procure to be laden or laid on board,
in any fliip or other veflel, or boat, in order to be exported or
carried out of any fuch port or place, any wheat, wheat-meal,
or flour, or malt, bread, bifcuit, or flarch, made of wheat:
Bnt'/h rye, and whenever the price of middling Britifi rye, peafe or beans,
ptafc, or at

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1 773-1 Anno decimo tertio Georgii III. C43* 65

at fuch port or place, fhall appear refpedively to be at or above beans, wbea
the price of twenty-eight {h'lWmgs per quarter, fuch price being '^J^.^^'^,^^''
afcertained in manner aforefaid, no perfon or perfons whatfce- ^ '

ver 'iliall, diredlly or indireaiy, export, traniport carry, or
convey, or caufe or procure to be exported, tranfported, carri-
ed, ^or conveyed, out of or from any fuch port or place, or load
or lay on board, or caufe or procure to be laden or laid on
board, in any Ihip or other veflel, or boat, in order to be ex-
ported or carried out of any fuch port or place, any rye, peafe,
or beans refpedively, ground or unground, or any bread or bif-
cuit made of rye, peafe, or beans refpe61ively : and whenever
the price of middling Briti/h barley, beer, or bigg, at fuch port Britifh barley,
or place, (hall appear refpedively to be at or above the price of beer, or bigg,
twenty- two (hillings per quarter, fuch price being afcertained in J^^^^^^^^l^^^l
manner aforefaid, no perfon or perfons whatfoever fnall, dire6r- ^ ^

ly or indirectly, export, tranfport, carry, or convey, or caufe
or procure to be exported, tranfported, carried, or conveyed,
out of or from any fuch port or place, or load or lay on board,
or caufe or procure to be laden or laid on board, in any (liip or
other vefTel or boat, in order to be exported or carried out of
any fuch port or place, any barley, beer, or bigg, or malt,
bread or bifcuit made of barley, beer, or bigg refpeclively : and
whenever the price of middling Britijfh oats (hall appear to be at Briti/h oats,
or above the price of fourteen (hillings per quarter, fuch price when at 14.3,
being afcertained in manner aforefaid, no perfon or ^tdons P^^ ^"^^"^^^^ i
whatfoever, (liall dire6tly or indire6lly, export, tranfport, carry or
convey, or caufe or procure to be exported, tranfported, car-
ried, or conveyed, out of or from any fuch port or place, or
load or lay on board, or caufe or procure to be laden or hid on
board, in any (liip or other vefTel, or boat, in order to be ex-
ported or carried out of any fuch port or place, any oats or oat-
meal, or malt, bread or bifcuit made of oats, under the penal-
ties and forfeitures herein- after mentioned; that is to fay. That under penalty
all and every the faid commodities that (hall be fo export- of fotfe'uing
ed, or fo laden or laid on board in any fhip or other veflel, or the laid com-
boat, in order to be exported or carried out contrary to this ^^s^lvr buaid
a6t, fhall be forfeited; and that every offender or offenders o'ithrgr^'ia''
therein fhali forfeit the fum of twenty fhillings for every bufnel aforefiiidi
of wheat, wheat-meal, or flour, rye, peafe, or beans, barley,
beer, or bigg, oats, or oatmeal, or malt, made of any of the
grains aforefaid, ground or unground, and twelve-pence for
every, pound weight of bread, bifcuit, or ilarch, as aforefaid,
whiclAlhall be fo'exported, or fo laden or laid on board in any
(liip orHnher velTel, or boat, in order to be exported or carried
out; and alfo the (liip, veffel,^ or boat, in which any of the with the flnp,
faid articles herein-before fpecified fnall be exported, or upon veir.j, or boar,
which any of the faid articles fhall be laden or laid, in or-^ ^'^ ^''^i*^^ ^^^^y
der to be exported, and all her guns, tackle, apparel, or fur- ^^^ *

niture, (hall be forfeited, and (hall and may be feized by any
officer or officers of the cuftoms ; and one moiety of all the faid
penalties and forfeitures (hall be to the King's majedy, his
Vol. XXX. F heirs

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6^ Anno decimo tertlo Georgti III. c.43. 1 1773.

heirs and fuccenbrs, and the other moiety to him or them who
Will fue tor the fame : and for offences which fhall be commit-
re^overable" ''"^V" 'r'' P^rt oi Gnat Britain called England, fuch penalties
• and toifeiturcb (hall be recovered by adion of debt, bill, plaint,
or information, in any of his Majefty's courts of record at ^efi-
minjhr, or before the judges of affize, or at the^great feffions in
IVales ; or where the value of fuch penalties or forfeitures fhall
not exceed the fum of fifty pounds, the fame may be recovered
by information, at any general quarter feffions of the peace for
the county, city, riding, divifion, or place, where the offence
was committed ; and in fuch fuit no effoin, protedion, privi-
lege, or wager of law, fhall be allowed : and for offences which
iliall be committed in that part of Great Britain called Scotland^
the fame may be recovered by adion, or fummary bill or infor-
mation, in the courts of feffion or exchequer m Scotland , or
where the value of fuch penalties or forfeitures (hall not exceed
the fum of fifty pounds, the fame may be recovered by fumma-
ry bill or information, at any general quarter feffions of the
peace, by a^ion in the fheriffs or flewards court of the county,
or ftewartry where the offence fhall be committed : and that the
mafter and mariners of any fuch (hip, veffel, or boat, wherein
any fuch offence (hall be committed, knowing fuch offence, and
wittingly and willingly aiding and aflilfing thereunto, and being
thereof duly convided in any fuch courts refpedively, as afore-
faid, (halJ be imprifoned for the fpace of three months, without
bail or mainprize.
Not to extend VL Provided always. That this ac5l, or any thing herein con-
tothefuiTcn- tained, fhall not extend to prohibit the exportation or carrying
of war^ &c^^- ^^^^ ^^ ^^^^^ ^^ ^^ much of the faid articles herein-before enume-
^ ' ' ' rated as fhall be neceffary to be carried in any fhip or fhips, or
other veffel or vefTels, in their refpe6five voyages out and home,
for the fuftenance, diet, and fupport of the commanders, ma-
imers, mariners, pafTengers, or others, in the fame fhips or vef-
fels only, and taking their pafTage in fuch fhips or veffels, or
for the vidluaJhng or providing any of his Majefly's fhips of war,
or other fnips or veflels in his Majefl:y's fervice, or for his Ma-
jefty's forces, forts, or garrifons ; any thing herein contained
to the contrary notwithffanding.
ror to veFels VII. Provided alfo, That this a6f, or any thing herein con-
carrying the tained, fhall not extend to prohibit any perfon or perfons to
famecoaflwi;e, /]^|p ^j- p^- ^j^ board any of the articles aforefaid, to be carried
coaftwife; that is to fay, from any port, creek, member, or
part of the kingdom of Great Britain^ to any other port, creek
member, or part of tliC fame refpedively, having fuch or the
like coalf cocquet, or fufferance for that purpofe, or fuch or the
like fufScient fecurity being iirfl given for the landing and dif-
charging the fame, in fome other port, member, creek, or part
of the faid kingdom, and returning a certificate in fix months,
as is required by law in cafes where goods which are liable to
pr.y duties on exportation are carried coaflwife from one port of
Great Britain lo another.

VIII. Pro-
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^773-1 Ann^ declmo tertio GfeoRGir III. c.43; 67

VIII. Provided alfo. That nothing herein-before contained ^''^^'^^^^^^ich
ihall extend to prohibit the feveral anicJes herein-after expreff- ^Ytedfro'
.ed being exported out of and from the refpedive ports in this p^^cs mea.>
kingdom herein- after mentioned, and from no other, to the feve- lioned.
ral places as herein after mentioned, for the fuftertance and ufe
of the inhabitants thereof, fo as the fame do not exceed the feve-
ral quantities refpedively limited to thofe places within twelve
calendar months 5 (that is to fay),

r Any quantity of wheat, meal,
rr^ j^'T 7. ) flour, rye, barley, or malt, not
To Gibrallar. ^ g^^eeding two thoufand five.

I hundred quarters in the whole.

From the

f , Any quantity of wheat, tneal.

\. c r L rr^ -BJT' J flour, rye, barley, or malt, not

portof I^«. V To Minorca. ^ ^^,,,'aing three thoufand ^^^

dcn^

L hundred quarters in the whole*

To Sti, Helena.

\

Any quantity of wheat, meaJ^
flour, rye, barley, or malt, not
exceeding five hundred quarters
iti the whole.

f ^^ ^uerjipy < exceeding five thoufand quarters
J ^ndy^r/^^ Lin the whole to both places.

port of Sou

thampton.

T f Any quantity of wheat, bar-

1i ley, oats, meal, or flour, not
I exceeding two thoufand five
^ _. , T* tVi rn A ^^'^"^^^^ quarters in the whole;

Whitehaven > ^^ -I ^^ \ one moiety thereof to be export-
and Liver- ^ \ ed from the faid port of White-

pGole^ haven^ and the other moiety

thereof to be exported from the
^faid port of Liverpoole.

So as the exporters, before the (hipping thereof, do declare the Security to be
ifland or place for which the faid articles are refpedtively defign- t^ken from the
ed, and do become bound to his Majefty, his heirs and fuccef- ^''i['i,''o^^^^^^
fors, with one other fufficient fecurity (to be approved by the rewara.
colledor and comptroller of the cuftoms at the port of exporta-
tion), in treble the value thereof, with condition that the faid
articles fo pertpitted to be exported fliall be landed at the re-
fpedive ifland or place for which the fame fliall be fo declared
and entered for the ufe and fuftenanc'e of the inhabitants there,
and fliall not be landed or fold in any other parts whatfoever,
the danger of the feas and enemies excepted ; and that a certi-
ficate, under the hand and feal of the colledlor, comptroller, or .
other chief officer of the cuftoms, or if no fuch, of the naval

F 2 officer^

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68 Anno decimo tertio GfeoRGii III. c. 43. [17734

officer, or fome other principal officer of the place where the
fame fhall be landed, (hall, within twelve calendar motiths from
the date of the bond given for landing fuch commodities in
Gibraltar or Minorca^ and within eighteen calendar months from
the date of the bond given for landing fuch commodities in Sai?it
Helcmy and within fix calendar months from the date of the
bond given for landing fuch commodities in the iflands of
Guernfey^ Jerfey^ or Man^ (the danger "of the feas excepted), be
returned to the officers who took the faid bonds, that the faid
commodities have been landed at the place for which the fame
(ball have been \o declared and entered j and for the taking fuch
fecuriry, and giving fuch certificate, (which the refpedive offi-
cers are hereby required on demand to give), no fee or reward
(hall be demanded or received : and if any officer (hall make
P n It on ^^^^ ^^^^^ certificate of any fuch commodities being fo landed,
makinc^a falfe ^^^h officer fliall forfeit the fum of two hundred pounds, and
ctrcificate. lofe his employment, and be incapable of ferving his Majefty,
his heirs or fuccelTors, in any office relating to the cuftoms :
and if any perfon (hall counterfeit, erafe, or falfify any certifi-
cate, direded or required by this a6t, or knowingly publi(h any
fuch counterfeit, erafed, or falfe certificate, he (hall forfeit the
fum of two hundred pounds ; and fuch certificate (hall be void
and o^ no t^tdi. : which faid penalties, for offences committed
in Grt'at Britain^ (hall be recovered in the fame courts, and in
the fame manner, as the other penalties inflided by this ad are
recoverable ; and for ofi^ences committed in any other the do-
minions belonging to the crown o^ Great Britain m Europe^ (hall
be recovered in the high court of admiralty, or in any other
chief court of civil or criminal jurifdidion, in fuch refpedive
dominions, and ihall be divided into equal moieties between
his Majedy and the informer ; and the faid bond or bonds, if
not profecuted within three years, (hall be void.
Beans may be IX. Provided alfo, That nothing herein contained fhall ex-
eKpoited to tend to prohibit the exportation of beans to the Britijb forts,
Africa. caftles, or fadories, iii Jfriui^ or for the ufe of the fnips trading

upon that coaft that have been ufually fupplied with the fame
from Great Britain^ or to prohibit the committee of the com-
pany oi merchants trading to Africa^ from exporting annually
any quantity of wheat- fiour, not exceeding two hundred quart-
ers, or any quantity of bread or bifcuit, not exceeding fifteen
tons in the whole of fuch bread or bifcuit, or of fuch bread and '
bifcuit together, to tlie Britijh forts, caflles, or fadories in Af-^
7ica^ for the fupporf of the perfons rending there, fo as the ex-
porter of fuch articles aforefaid to fuch forts, cables, or fadories
aforefaid, doth, before-the (hipping thereof, enter into fuch or
the like bond or bonds as art; herein-before direded to be en-
tered into by the exporters from the port of London to the ifland
oi' Saint Helena^ of the particular fpecies and quantity of corn,
grain, or flour, allowed by this ad to be exported to that ifland.
Nofjoprolii- X. Provided alfo, and be it further enaded, That nothing
bit grain herein contained fliall extend or be conftrued to extend, to pro-

IrcmUing 5 j^H^j,.

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J 7730 Anno dccimo tertio GeoRGII III. c. 43. ^9

hibit corn, grain, or flour, from being exported from Gr^j/ exported to
Britain to the kingdom of Ireland^ during fuch time, and fo Ireland,
long as any general prohibition of, or embargo on, the exporta-
tion of corn, grain, or flour, (hall be in force in that kmgdom,
but that it'fhall and may be lawful, during the time that fuch
prohibition or embargo (hall be in force in that kmgdom, to
export corn, grain, or flour, ^xom Great Britain to Ireland, fo as
the exporters of all fuch corn, grain, or flour, from Great Britain
do, before th^ fliipping thereof, declare, that all luch corn,
grain, or flour, is intended to be imported into Ireland, and alfo
do become bound to his Majefiy, his heirs and fuccefTors, m
the like bond or bonds as are by this aa dire^ed to be entered
into by the exporters of corn, grain, or flour, to the iflands of
Guernfey, Jerjey, or Man, under condition of returning, in the
like time, certificates under the hands and feals of the colledor,
comptroller, and furveyor of the cuftoms, or of any two of them,
in fuch port or ports where fuch corn, grain, or flour, (hall be
landed, of fuch corn, grain, or flour, being landed in Ireland, as
are hereby direaed to be returned with refpea to the landing of
corn, grain, or flour, in the iflands o^ Guernfey, Jerfey, or Man ;
and that all perfons who (hall, within the kingdom of Irekndy
counterfeit, erafe, or falfify, any certificate direaed or required
by this aa, or knowingly publi(h any fuch counterfeit, erafed,
or falfe certificate, flialfbe liable to all the like penalties and for-
feitures as perfons committing the like offences are liable to in
Great Britain ; which faid penalties for ofi'ences fo committed
in Ireland (hall be recovered in his Majefty's courts of record in
Dublin, and (hall be divided between his Majefly and the in-
former, in like manner as is herein-before direaed, fo as the
faid bonds be profecuted within the like time as is herein-before
direaed for the profecution of bonds of the like nature.

XL And it is hereby further enaaed by the authority afore- After Janu-
faid. That from and after the firft day of January, one thoufand ^^^ ^^^^n,^
feven hundred and feventy-four, the feveral bounties which are ^^ ^^^-^^ ^^^
now allowed by law upon the exportation of any lort of corn or tod^^termine
grain, ground or unground, Ihall ceafe and determine, and in- and c-aic,_and
(lead and in lieu thereof, when the prices of the corn or grain ^he b.puiuies
herein-after mentioned, (the fame being afcertained, according [^^^^ "J^^^^
to the methods direaed by the feveral aas of parliament for
afcertaining the rates and pr'ices of corn and grain imported, or
as herein-after direaed by this aa,) (hall appear to be under the
rates herein-after refpeaively mentioned, at the ports or places
in this kingdom from whence the fame (hall be exported, there
Ihall be allowed upon the exportation of fuch corn or grain,
either ground or unground, being the growth and produa of
this kingdom, and put on board in Britijh^ Quipping, the mafler
and at leaft two thirds of the mariners^ of fuch fliip being his
Majefty's fubjeas, the following bounties ; that is to fay, when
the price of middling Briti/h wheat (hall be under forty-four
(hillings per quarter, there (hall be allowed a bounty of ^-i^Q
(hillinga for every quarter of wheat, and five {hillings for every

F 3 quart-

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?^ Anno decitno tertio Georgii IIL c. 43; [i773,

quarter of malt made of wheat ; when the price of middling
Britijh rye (hall be under twenty-eight (hillings \^^r quarter^
there fhall be allowed a bounty of three (hillings for every
quarter of rye ; when the price of middling Brhijh barlqy, beer,
or bigg, (hall be under twenty-two (hillings per quarter, there
ftall be allowed a bounty of two (liillings and fix-pence for
every quarter of barley, beer, or bigg, and two (hillings and fix-
pence for every quarter of malt made of barley, beer, or bigg 5
and when the price of middling Britijh 02i\s (hall be under four-'
teen (hillings per quarter, there (h^ll be allowed a bounty of twq
ihillings for every quarter of oats, and two (hillings and fix-
pence for every quarter of oat-meal, computed at the rate of
two hundred and feventy-fix pounds averdqpois to the quarter;
which faid refpedive bounties (hall be paid and allowed in all
other refpeds not altered by this a6l, by the fame rules and re-
gulations, and fubjed to the fame fecurities, reftriftioqs, penal-
ties, and forfeitures, as the former bounties on corn or grain
^xported were paid and allowed, and were fubje6l and liable to,
in as full and ample manner as if the feveral claufes relating
thereto were again repeated and enaded in this prefent ad.
Not to prcbl- XII. Provided always, and be it further enaded by the au-
w\'o^a.'iirhave ■^''''^y aforefaid, That if my perfon (hall have entered out-
ent-ered the ^^'^^^^s any oi' the articles herein-before mentioned, and (hall
above articles I'i^ve begun 10 (liip or lay the fame on board, during the time
wheatbe^ that the prices of middling Britifo corn in this kingdom (hall
lender ?he^^^ ^^ ^^'^^^^ ^^^ ^'"'^- '^^^rein^ before refpe6tively fpecified, fuch per-
r^tes men- ^"^^ ^^'^^^ ^^^^ ^^ prohibited from exporting the faid articles ac-
tioned, from tually fo (hipped or hdta on board, or fo much of the faid
exporting the articles expreiTed in fuch entry as (hall be fo fhipped or laden on
fame. board, within tvventy days from the entry thereof, at the cuf.

tom-houfe for exportation, nor from receiving the bounty by
tins aa granted thereon ; any thing in this ad contained to" the
contrary notwlthilanding, although the prices of corn in thi^
Kingdom may have arlfen above the rates herein-before refpec-
tively fpecified, after fuch articles (hall have been (hipped, and
before the exportation thereof.
Any corn for XIII. Provided always, and it is hereby enadled and declared
wWfch ^^^y by the authority aforefaid, That in all cafes where any corn,
Ifa^^^^^^ or flour, for which the duties hereby granted have been

ported within P^'^^' ^^^^^ ^^ ^"Y ^^^^ <^^ times be again exported by any mer-.
fix month.% chant or merchants within fix calendar months from the impor-
thedui-y to be tation thereof, the duty by this a6l granted, and which (hall
drawn hick j^g^,^ ^^^j^ adually paid for fuch corn, grain, or flour, (hall
gna repaid. • , , j 1 11 1 111 «m tiiaii,

^ without any delay or reward, be drawn back, and repaid unto

fuch merchant or merchants who (hall export the fame to any
place where a drawback is allowed on the exportation of any
foreign goods from this kingdom by any a6t or a(5ts of parlia^
p:ient now in force, and to no other: and fuch drawback flialJ,
^n all other refpedts, be paid and allowed, under the like reflric-
tions, rules, and regulations, and (hall be fubjed to the like
penalties and forfeitures, as the drawback upon foreign goo^s
e.vported is fubjedl and liable fo^

' ^ XlVw M

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tyyS'l Anno declmo tertio Georgii HI. c.43, 7'

XIV. Jnd whereas the modes dire^ed by the fiveral q51s of par-
liament for afcertaining the. rates and prices of corn and grain in
England, for regulating the duties payable for corn and grain im-
ported into England, cannot eaftly^ and with certainty^ be carried into
execution in Scotland : and whereas by the ninth ail^ puffed in the ^^^^f^^
parliament of Scotland, holden by her late majejly ^een Anne, ^"^ gcots pVrHa-
the year one thoufand feven hundred and three intituled^ An a^ ment, 1703;
difcharging importation of Irif}} vi6lual, beef, and cattle, the im-
portation of viSiual from Ireland, or any other places beyond the fcas
into Scotland, was rejlrained and prohibited^ under feveral penalties
contained in the f aid adJy and in other a5is of the parliament ^Scot-
land therein referred to ; but with this provifo^ That when^ by rea-
fon of dearth^ the prices of visual Jhould exceed the rates fpecified in
the faid a5ij the lords of her Majeftys privy council of Scotland fhould
have power ^ after due trial by them taken of the prices of vicluaU to
fufpend and dif charge the execution of the faid prohibitory a5ls for
fuch fpace of time as the exigence of the dearth fl)ould require : a?td A6t 6. treaty
whereat^ by the fixth article of the treaty of union ^ it is provided^ that ^f ^i^^on \
the prohibition^ as then in force by the law of Scotland againjl the
importation of vi5lual fro?n Ireland, or any other place beyond the
feas^ into Scotland, fJmdd^ after the union ^ remain in the fame force
as it then was^ until more proper and effeBual ways Jhould be provide
ed by the parlia?nent of Great Britain for dif cour aging the importa-
tion of the faid visual from beyond the fea : and whereas by an a5i^ and a6l 14
paffed in the fourteenth year of the reign of his late Majejly George ^^^' *•
the Second^ intituled^ An a 61 for licenfing the importation of vic-
tual from Ireland^ and other parts beyond the feas, into Scotland^
m time of dearth and fcarcity, the power of fu [pen ding and dif-
charging the execution of the faid prohibitory lazus^ which was before
^Defied in the lords of the privy council^ by the faid a5l of her late
majejly ^leen Anne^ pajfed in the year one thoufand feven hundred
and three^ in the parliament of Scotland, was thereby vejled in the
judges of the court of fejfton^ jujliciary^ and exchequer ^ //z. Scotland ;
and it is declared-, that any nine of them^ in time of feffion^ and any
five of theniy in time of vacance^ upon the petition of any perfon or
per Ions defirous to import visual from Ireland, or other parts beyond
the feAS^ into Scotland, are authorifed and required to exahmie^ iii-
quire inio^ and determine the common market prices of iniddling corn
and grain ^ as the fame Jhall and may be commonly bought in the county
and city ^/Edinburgh, and to fix and ajcertain the Jame by a proper
a£i or determination^ to be publijloed and made known in the manner
therein direfled , and if the faid aB and determination J}:fall af certain
the current prices of visual in the city and county of Edinburgh to
exceed the r cites and prices fpecified in the faid aB^ it is declared to be
a Juffici^nt warrant to the coUe^or and other officers of the feveral
ports in Scotland to allow vicinal from Ireland, or other parts be-
yond the feas^ to be entered^ unjhipped^ and landed^ upon payment of
the duties charged and directed to be paid upon foreign corn import-
ed in and by an aB^ pafjed in the twenty-fecond year of his late Ma-
jejly Charles the Second.^ intituled^ An a6l for the improvement of
'tillage and the breed of cattle ; which duties are to be coUcoud and

F 4 paid

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7^ Anno decimo tertio Georgii III. c. 43, ^ [177^.

. paid according to the rates and prices to be afcertained and determined
by the /aid judges, in purfuance of the /aid a5) pajfed in the fourteenth
year of his late majefly King George the Second ; and the judges are
Ukewife authorifed and required to determine and afcertam the prices
of visual, when they do not exceed the rates and prices fpecified in the
Jaid a^y fo that the aforefaid prohibitory laws may thereupon be re-
vived^ to prevent further importation of visual from Ireland, or
other parts beyond the feas : and ivhereas the mode of afcertaining the
prices by the faid q51 for permitting the importation of vi5lual from
Ireland, and ether parts beyond the feas, has been found to be attended^
with great inconverneme, and is inconfijlent with the principle of this
aP,^ in making the prices of corn and grain at the ports and places of
importation and exportation to regulate the prohibitions^ bounties^ and
duties^ at filch rejpt olive ports and places : for remedy hereof and for
rendering this a,5i more eafy to be executed in that part of Great
Britain called Scotland, be it enacted by the authority aforefaid.
Mode ofaf- That from and after the commencement of this ad, the mode
p^-iG^g^of vie- ^^ afcertaining the prices of visual prefcribed by the atorefaid
tual by the ad, paffed in the fourteenth year of his late majefcy King George-
lalt mention- the Second, and the powers veiled in the judges of the courts of
ed aa to • felTion, juiliciary, and exchequer, for that purpofe (hall ceafe
^^^ *^ ' and determine; and that thereafter the iheriff or f^eward-de-

putes of the fevcrnl fhires and ftewartries in Scotland, vvithin
v.^hich there are ports and places for Uie importation and expor-
tation of gco'Js and merchandlfe, or their fubftitutes^ fliall, and
they are b.ereby authorifed and required, four times in every
year; that is to fay, upon the firil: day of November, lirft day of
Fcbruory, lirft day of May^ and firft day of Augift, or as foon af^
ter thefe days as may be, to fummon and convene before them
two or more honeft and fubftantial perfons of their refpedive
counties or ftewartries, not being corn merchants nor fadors
for corn, nor any way interefted or concerned in any corn to be
and mnivet iniported, and being fkilful in the prices of corn ; and upon the
com (S:c to ^laths of fuch two or more perfons, which oaths the faid fherifF'
be examined or fteward-deputes, or their fubftitutes refpedively, are hereby
Bnd fix^-d by impowered to adminifter, and by fuch other ways and means as
llieni-ls^and jq them fliall feem proper and necefTary, to examine, inquire in-
itewaia ae- ^^^ ^^^ determine the coinmon market prices of middling Britijh
* corn and grain, and oatmeal, as the fame (hall and may be com-

monly bought in their refpedive counties or ftewartries, and ta
fix and afcertain the fame, by proper ads or determinations to,
who are to \^^ fubfcribed by them refpedively ; and thereafter, without de-
tranfmit cow -j^ ^^ traiifmit their refpedive ads or determinations to the coir

pies of thfcir , -^ ' \ - r re r • 1 • .1 • r r\'

determine- Icd^or or chief officer of every port within their refpedive coun-
tions to the ties or ftewartries, and the colledor or chief officer of the feve-
colltclor at j-al ports, to whom fuch ads or determinations (hall be tranf-
theporis. fitted are hereby ordered and required to hang up the fame ir^
fome publick place in the cuftom-houfe of the refpedive ports,
to which all perfons may refort for their information, there to,
remain until a fucceeding ad and determination (hall be tranf-
mitted to be hung up in its p.lace> and to tranfmit a copy there-
of

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1773*1 Anno declmo tertio Georgii III. c.43. 7g

of to the commiflioners of the cuftoms at Edinburghy and the
prices fo afcertained fhall regulate the prohibitions in this a6l,
and the duties and bounties upon the importation and exporta-
tion of all corn and grain imported into or exported from the
feveral counties in Scotland^ where the prices are afcertained \a
manner before dire61ed ; and every a6l and determination (hall
remain in force for that purpofe, until a fubfequent a6t or deter-
mination (hall be tranfmitted to fupply its place j and the
fherifFs or ftewards, who fhall fix and afcertain the prices of
middling Britijh corn and oatmeal in manner before directed,
are hereby ordered and required to caufe preferve, as matter of
record of their refpedive courts the evidence upon which their
acls or determinations of the prices are founded ; and the clerks
of their refpedive courts are hereby ordered and required to give
extra6\s of the evidence to all perfons calling for the fame, upon
receiving payment of the ufual fees exigible for extra6ls of judi-
cial proceedings.

XV. And be it further enabled by the authority aforefaid. When the
That from and after the commencement of this a6l, all oatmeal P^'^e does not
imported from Ireland^ or from any other part beyond the ^^^^^T^rboW^^^t
into any port or place in Scotland^ where the price of oatmeal, meal°from ^
afcertained in the manner before direded, does not exceed fix- Ireland, &c.
teen fhillings per boll, weighing eight ftone troys, as alfo the with the vef-
fhip or veffel in which fuch oatmeal (hall be imported, together ?!* ^? ^^ ^^^'
with her tackle, apparel, and furniture, (hall be forfeited, and ^ '

fhall and may be feized by any ofHcer or officers of the cuf-
toms ; and all and every perfon and perfons who (hall be aiding
and a(rifting in the un (hipping of fuch oatmeal, or to whole
hands the fame fhall knowingly come, after the un(hipping
thereof, (hall forfeit treble the value of fuch oatmeal ; and
which faid forfeitures and penalties fhall and may be profecuted,
fued for, and recovered, and divided in fuch manner and form,
^nd by fuch rules and regulations, as penalties and forfeitures
inflidted for unfhipping prohibited and unaccuftomed goods in
this kingdom may be profecuted, fued for, recovered, and divid-
ed, by any law now in force.

XVI. Provided always. That from and after the commence- When oat-
ment of this a6l, it (hall be lawful to import oatmeal from /r^- meal does
land^ or from any other part beyond the feas, into any port or ^^^^^'^ ^ ^ .^•
place in Scotland^ where the price of oatmeal afcertained in man- p^^^ed ^"^'
ner direded by this aa does exceed the price of fixteen fhillings

-^er bollj weighing eight ftone troys.

CAR

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preamble^

74 Anno declmo tertio Georgii IIL c; 44; [ly^si

CAP. XLIV.

j^n aEl aSl to allow a drawback of the duties of cufloms on
the exportation of tea to any of his Majefifs colonies or
plantations in America ; to increafe the depoftt on hohea
tea to he fold at the India Company's fales ; and to im-
power the commiffioners of the treafury to grant licences to
the Eaft India Company to export tea duty-free.

WHEREAS by an a^^ made in the twelfth year of his
prefent Majeji/s reign^ (intituled^ _Av\ ad for granting a
drawback of part of the cuftoms upon the exportation of tea to
Ireland^ and the Britijh dominions in Jmerica y for ahering the
drawback upon foreign fugars exported from Great Britain to
Ireland', for continuing the bounty on the exportation of
Britijh- made cordage ; for allowing the importation of rice from
the Britijh plantations into the ports of BrifloU Liverpoole^ Lan-
cafler^ and Whitehaven^ for immediate exportation to foreign
parts ; and to impower the chief magiftrate of any corporation
10 admlnifter the oath, and grant the certificate required by law,
upon the removal ot certain goods to London^ which have been
fent into the country tor fale ;) it is amongjl other things^ ena^edy
"That for and during the fpace of five years ^ to he computed from and
after the fifth day of July, one thoufand feven hufidred and J^eventy-
iwo^ there Jhall be drawn back and alloived for all teas which JhaUbe
jold after the [aid fifth day .:?/ July, one thoufand feven hundred and
J^venty-tzuo^ at the publick fale of the united company of merchants of
England trading to the Eaft Indies, or which after that time Jhall
he imported^ by licence^ in purfuance of the faid therein a72d herein-
after mentioned aB^ made in the eighteenth year of the reign of his
late majefty King George the Second^ and ivhich Jhall be exported
from this kijigdom, as merchandife^ to Ireland, or any of the Britifh
colonies or plantations in America, three fifth parts of the fever al
duties of cujh?ns ivhich were paid upon the importation of fuch teas ;
which drawback or allowance^ with refpeB to fuch teas as fhall be
exported to Ireland, fioall be made to the exporter^ in fuch manner ^
and under fuch rules^ regulations^ fecurities^ penalties and forfeitures ^
as any drawback or allowance was then payable^ out of the duty of cuf-
toms upon the exportation of foreign goods to Ireland ; and ivith
rejpe5l to fuch teas as f)all he exported to the Britifh colonies and
plantations in America, the faid drawback or alloiuonce fiall be made
in fuch manner^ and under fuch rules ^ regulations^ penalties^ and for-
feitures^ as any drawback or allozuance payable out of the duty of cuf- -
toms upon foreign goods exported to foreign parts^ was, could^ or might
he made^ before the pajfing of the faid a SI of the twelfth year of his
prefent Majejlys reign ^ (except in fuch cafes as are otherwife therein
provided for :) and whereas it may tend to the benefit and advantage
of the trade of the faid united company of merchants of England
trading to the Eaft Indies, if the allowance of the drawback of
the duties of cufloms upon all teas fold at the publick fales of the faid
united conipany^ after the tenth day ofM^iy^ one thoufand J even hun-
dred

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i773'3 Anno decimo tertio GeoRGII Til. c.44: f^

dred and feventy 'three ^ and which Jhall be exported from this king-
dom, as merchandife^ to any of the Britifti colonies or plantations in
America, were to extend to the whole of the [aid duties of cujioms
payable upon the importation offuch teas-, may it therefore pleafe
your Majelty that it may be enaded ; and be it enaded by the
King's mod excellent majefty^ by and with the advice and con-
fent of the lords fpiritual and temporal, and commons, in this
prefent parliament aflembled, and by the authority of the fame.
That there fhall be drawn back and allowed for all teas, which, After May to^
from and after the tenth day of May^ one thoufand feven hun- '773j.o" all
dred and feventy-^threc, (hall be fold at the publick fales of the [f^^^k ia^^^^^
faid united company, or which (hall be imported by hcence, in or imported
purfuance of the faid ad made in the eighteenth year of the by licences,
reign of his late majefty King George the Second, and which ^"^^^6^-
fliall, at any time hereafter, be exported from this kingdom, as ^^ as mer-°^'*
jnerchandife, to any of the Britijh colonies or plantations inchandifeto
Jfnerica^ the whole of the duties of cuftoms payable upon the America, the
importation of fuch teas ; which drawback or allowance (hall be whole duties
made to the exporter in fuch manner, and under fuch rules, ^^^"^*^™^^^
regulations, and fecurities, and fubjed to the like penalties and t,^ck.
forfeitures, as the former drawback or allowance granted by the
faid recited ad of the twelfth year of his prefent Majefty's reign,
upon tea exported to the faid Britijh colonies and plantations in
'America was, might, or could be made, and was fubjed to by
the faid recited ad, or any other ad of parliament now in force,
in 5S full and ample manner, to all intents and purpofes, as if
the feveral claufes relative thereto were again repeated and re-
enadjted in this prefent ad.

II. And whereas by one other a^ made in the eighteenth year ^A6li8Geo»2»
the reign of his late majefy King George the Secofidy (intituled, recited.
An ad for repealing the prefent inland duty of four (hillings per
pound weight upon all tea fold in Great Britain ; and for grant-
ing to hjs Majefty certain other inland duties in lieu thereof;
and for better fecuring the duty upon tea, and other duties of
excife ; and for purfuing offenders out of one county into ano-
ther,) it is, amongji other things, ena^ed. That every per f on who
Jhall, at any publick Jale of tea made by the united company of mer-
'chants <?/ England trading to the Eaft Indies, be declared to be the
'beft bidder for any lot or lots of tea, Jhall, ivithin three days after
being fo declared the beft bidder or bidders for the fame, depojit with
the faid ufiited company, or fuch clerk or officer as the faid company ^
Jhall appoint to receive the fame, forty Jhillings for every tub and for
every cheft of tea ; and in cafe any fuch perfon or per Jons Jhall refufe
or negleci to ??iake fuch depojit within the time before limited, he, Jhe^
or they, JJmll forfeit and loje fix times the value of fuch depofit dire Sled
to be made as aforefaid,. to be recovered by action of debt, bill, plaint^
or information, in any of his Majejlfs courts of record at Weftmin-
fter, in which no efjhin, prote5lion, or zvager of law, or ?nore than
ene imparlance j JJmll be allowed ; one moiety of which forfeiture
JJyall go to his Majefty, his heirs and JucceJJors, and the other moiety
to Juch perfon as fiall fuc or projecuie Jor the fame \ and the f ale

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y6 Anno decimo tertio Georgii III. c.44, {1775.

tf all teas^ for which fuch depofit Jhall he negle5ied to he made as

aforefaid^ is thereby declared to be null and void^ and fuch teas

fhall be again put up by the f aid united company to puhlick fale^ within

fourteen days after the end of the fale of teas at which fuch teas tjuere

fold ; and all and every buyer or buyers^ who Jhall have negle^ed to

make fuch depofit as aforefaid^ fhall be^ and is and are thereby rendered

incapable of bidding for or buying any teas at aiiy future public k fale

of the fold united company : and whereas it is found to be expedient

and neceffary to increafe the depofit to be made by any bidder or bidders

for any lot or lots of bohea teas^ at the publick fales of teas 'to be

mode by the faid united company \ be it enaded by the authority

Every perfon, aforefaid. That every perfon who (hal), after the tenth day of

after May lo, May^ one thoufand feven hundred and feventy-three, at any

b-d'4Ta^red^he P^^^^^^^ ^^'" ^^ ^^^ ^^ ^^ made by the faid united company of

highelt bidder mercl^ants o[ England trading to the Eaji Indies^ be declared to

at any publick be the beft bidder or bidders for any lot or lots of bohea tea,

fale, iliall de- (hall, within three days after being fo declared the beft bidder

poht with the Qj. bj(ijjgj-s fo,. ^he fame, depofit with the faid united comoanv*

company A!, r i i i cr l r-i • i /^ ., 'r".v'

for every tub ^^ ^^^^^ ^^^^'^ ^^ officer as the laid united company (hall appoint

orcheftof to receive the lame, four pour^ds of lav^'ful money of Great

bohea tea, Britain for every tub and for every cheft of bohea tea, under the

fame terms and conditions, and fubject to the fame forfeitures^

penahies, and regulations, as are mentioned and contained in

the faid recited ac5l of the eighteenth^year of the reign of his faid

late Majefty.

CommifTion- HI- And be it further ena6ted by the authority aforefaid,,

crs of the That it fhall and may be lawful for the commiflioners of his

treafury may Majefty's treafury, or any three or more of them, or for the high

fo^the'Eait^^ treafurer for the time being, upon application made to them by

India Com- the faid united company of merchants of ^;2^/^W trading to the

pany to ex- Eajl Indies for that purpofe, to grant a licence or licences to the

port to Ame- f^j^ united company, to take out of their warehoufes, without

t"^^^ Tr'eT^^^' the fame having been put up to fale, and to export to any of the

they (1-iaU Britijh plantations in America^ or to any parts beyond the feas,

thtnk proper, fuch quantity or quantities of tea as the faid commiffioners of

without pe- j^js Majeily's treafury, or any three or more of them, or the high

naity. treafurer for the time being, (hall think proper and expedient^

without incurring any penalty or forfeiture for fo doing; any

thing in the faid in part recited act, or any other law, to the

contrary notwithftanding.

Acl Will. 3. IV". And whereas by an aM made in the ninth and tenth years of the

recited. reign of King William the Thirds [intituled^ An a6f for raifing a fum

not exceeding two millions, upon a fund, for payment of annuls

ties, after the rate of eight pounds per centum per annum ; and for

fettling the trade to the Efifi Indies J and by feveral other a5ls of

parliament which are now in fierce^ the (aid united company of mer^

chants of England trading to the Eaft Indies are obliged to give

fccurity^ under their common feaU for payment of the duties of cufioms

upon all unrated goods imported by them^ fo foon as the fame Jhall be

Jold \ and for expofing fuch goods to fale ^ openly and fairly^ by way of

■ auciion^ or by inch of candle^ vjithln the [pace of three years from the

im^

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17730 Anno dedmo tertio Georgii III. c. 44; 77

importation thereof: and whereas it is expedient that fome provifion
Jhould be made to permit the f aid united company^ in certain cafes^ to
export tea^ on their own account^ to the Briti(h plantations in America,
€r to foreign parts ^ without expoftng fuch tea to fale here, or being
charged with the payment of any duty for the fame ; be xK. therefore
enaded by the authority aforefaid, That frooi and after the Treafury may
paffing of this adl:, it (hall and may be lawful for the commif- ^^^"^ *^^^"^^
fioners of his Majefty's treafury, or any three or more of them, ^^^^^Z"^'
or the high treafurer for the time being, to grant a licence or quantity of ^
Jjcences to the faid united company, to take out of their ware- ^«a to be ex-
houfes fuch quantity or quantities of tea as the faid commiiHon- P^^^^^ ^^
ers of the treafury, or any three or more of them, or the high ctr/Jed'of '^"
treafurer for the time being, (hall think proper, wiihout tL cuilomr
lame havmg been expofed to fale in this kingdom ; and to ex-
port fuch tea to any of the Britijh. colonies or plantations in
Amenea^ or to foreign parts, difcharged from the payment of any
cuftoms or duties whatfoever ; any thing in the faid recited ad
or any other ad to the contrary notwithftanding. *

v. Provided always, and \x is hereby further enaded by the Entry to be
authority aforefaid. That a due entry ihall be made at the "^^^^^f al^tea
cuftom-houfe, of all fuch tea fo exported by YxctnzQ^ as afore- f^P^^^^^ ^Y
faid, expreffing the quantities thereof, at what time imported, and Sed bythe
by what Ihip^andTuch tea (hall be (hipped for exportation by proper officer^
the proper officer for that purpofe, and (hall, in all other re- and fuch tea is
fpeas, not altered by this aa, be liable to the fame rules resu- ^^^^^^ ^^ ^^"^'^
lations, reftriaions, fecurities, penalties, and forfeitures, 'as tea pe^alt'^fic
exported to the like places was liable to before the pa(rmg of norhereby aU
tms adt : and upon the proper officer's duty, certifying the (hip- tered, as be^
ping of fuch tea to the colledor and comptroller of his Maiefty's ^<^r^ P^^^^^S
cuftoms for the port of London, upon the back of the licence, office^; and
and the exportation thereof, verified by the oath of the hufband cleaorf
or agent tor the faid united company, to be wrote at the bottom ^^ty on ex-
oi iuch certificate, and fworn before the faid colledor and comp-- P^^^^tion.
troller of the cuftoms, (which oath they are hereby impowered
to adminifter,) it (hall and maybe lawful for fuch colledor and
comptroller to wnte o^ and difcharge the quantity oi tea fo
exported from the warrant of the refpedive ftiip in which fuch
tea was imported,

VI. Provided neverthelefs. That no fuch licence (hall be No licence to
granted, unlefs u (hall lirft be made to appear to the fatisfaaion be granted,
of the commiflioners of his Majefty's treafury, or any 'Jiree or "^-'lefsten mil-
more of them or the high treafurer for the time beirig, that at trbi^ft in^
the tune o|- taking out fuch teas, for the exportation of which a tLe ware
licence or Ixc^vizt^ (hall be granted, there will be \di remainino- houfes.
in the warehoufes of the faid united company, a quantity of tea
not lefs than ten millions of pounds weight ; any thing herein,
or la any other aa of parliament, contained to the ^contrary
thereof notwithftandin^. ^

CAP.

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y^ Anno dccimo tertio Georgii III. c. 45; [^1773;

CAP. XLV.

An aa for draining and preferving certain fen lands and low grouhds^
lying in the fouth level, part of the great level of the fens, commonly
called Bedford Level, between certain old rivers or drains, called Stoke
River and Brandon River, and a certain level or diftri61:, called Feltwell
New Diftria:, and the hard lands of Woodhall in Heleay, and Heleay,
m the counties of Norfolk and Suffolk.
Preamble. General diftria. Firft diftria. Second diftria. How the
waters are to be conveyed to the fea. Commiffioners for the diftrias.
Firft commiflioners for Hock wold with Wilton, Feltwell Saint Mary, &c.
Perfons nominated to be joined with^ former commiftioners, &c. Owners
of 10 acres of land to appoint commifTioners for the lecond diftria. Cer-
tificate of fuch eleaion. In cafe of no eleaion, the firft commiftioners to
continue. Owner of loo acres may appoint acommiflioner in cafe he aag
himfeif; but if he does not may appoint two. Perfons not to aa as Com-
miflionersj unlefs they have i6 acres. Truftees and committees for mi-
nors, lunaticks, and idiots, to fit, vote, and aa, as commiftioners. Joint
tenants, &c. to aa as commiftioners. No perfons holding places of pro-
fit, to aa as commifTioners. Times and places of meeting of commif-
fioners. Expences afcertained to be allowed at the general and other
meetings of the commiftioners. Commiftioners may bring aaions in the
name of their treafurer, &c. Commiftioners for the two diftrias to meet
twice a year, for the purpofe of direaing the joint works. Commif-
fioners may eka officers, and appoint their falaries. Treafurer to give
fecurity. Commiftioners annually to infpea receipts and difburfements^
and fettle accounts. Treafurers, colleaors, &c. to attend with their
books, and verify on oath, if required. Accounts to be entered in two
books, and where to be depofited. Manner and time when officers are tcf
give in their accounts. Balance (if any) to be paid to the commifTioners,
or their order. Works to be done in the firft and fecond diftria. Power
to contraa for repairs. Commifftoners to have power to erea ftaunches
to keep up a head of water. Commifflioners to make fatisfaaion to the
owners of the foil for damages. Juftices to determine differences. The
banks of Stoke River, deemed to belong to Mr. Joddrel, to be fupported
by the prefent leffee, &c. Methwold Load with the fouth bank thereof,
to be fcoured, &c, at the cofts of the leffee. Owners of Methwold Se,-
yerals to repair the tunnel in Broad Fen Load. No mills to throw water-
into any river, &c. except Brandon and Stoke rivers. Mr. Pepper Man-
by 's right referved. Sam's Cut and Hunt's Sluice to be fecured and re-
paired at the joint cofts of the two diftrias. Saving claufe refpeaing a
certain drain and ftuice. Commiffioners of firft diltridl: im powered to af-
fefs land owners in faid diftria. Exceptions. Commiffioners of the fe-
cond diftria impowered to affefs land owners in faid diftria. Exceptions.
Exemption of high lands. Method of determining difputes with refpea
to high lands. On default of payment of taxes j Commiffioners to have
power to diftrain. Exception. On neglea to make the bank commif-
fioners to order the tunnel to be pulled up. A furvey to be made of the
taxable lands in each diftria, on the oath of the furveyor. Pdrfons ag-
grieved may have refurvey. Hock wold with Wilton's poor's thirty acres,
exempted from any tax. In cafe of default of payment of rates, 21 days
notice to be given before the day of payment. Tenants to pay the tax,
and dedua the fame out of their rent. Lands untenanted to be charged
with rates. Commiffioners may let lands unoccupied to pay the rates.
Commiffioners of the firft diftria impoWered to borrow money. Com-
miffioners of the fecond diftria impowered to borrow money. Money
borrowed to be diftinguifhed for which diftria. The fiim of loool. may
be borrowed on the credit of the taxes of the firft diftria, and no more
than 3000I. on the taxes of the fecond diftria. Securities to be affign-
able by indorfement, &c. 2s. 6d, to be paid for entry. Taxes charge-
able with the monies borrowed. Application of money within the two
diftrias. Leffees of Methwold Severals, in confiderarion of paying no
tax, to fupport the bank of the river Stoke. In cafe of the banks of Stoke
J<jvcr^ &c. be negleaeu, the ofticers, lo authorifed, to repair the bank,

ftop

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1 773-] Anno decimo tertio GfiORGii III. 014^. 7^

flop the breaches, &c. (hall be reimburfed their expences by the lefleeS*
Commi/fioners refufing to repair Sams's Cut and Hunt's Sluice, leflees of
Methwold Severals impowered to authdrife the furveyor of the firft diftri6t
to repair the fame, and the cxpence to be borne by the faid commiiHoners.
In cafe of non-payment, on application to a juttice, the muney to be levied
by diftrefs. Commiflioners of the two diftri6ls impowered to erefl two
mjlJs at the weft end of Sams's Cut, &c. Commiflioners of the fecond
diftri6t may ereft a mill at the weft end of Sams's Cut, for the benefit of
faid diftrift, under certain limitations. Commiflioners of Feltwell new
diftri6l to pay a proportionable part for the repair of Sams's Cut. How
commiflioners may recover money unpaid. Fen reeves of ?»leth wold Com-
mon to raife money to repair the bank againft Methwold Common. If fen
reeves negle6t to repair the bank, ieffees of Severals may do it. Lands of
Mr Tokelove, Sec, may be drained by the mill ere<5led by the leafcs of the
Severals. Mr. Annefley, Mr. Green and others, to make tunnels next
Sams's Cut. Owners of Flegg Fen to fupport the fouth bank of Stoke
River. In cafe the banks of Stoke River by Flegg Fen are negledled,
method of compuifion. Diftrefs on nonpayment. Tenants repairing the
bank may dedu6l the expence out of their rent. Leflees of Methwold
Severals to ereft one engine for throwing water into Stoke River. PaflTar
ges may be made acrols any bank that may be made in Methwold Severals.
In cafe the commiflioners of the fecond diftri(5t negle6l to repair Wilton
Load, and Brandon River, commiflioners may compel. Earth may be
taken from commons, &c. gratis. Exceptions. To prevent cutting earth
from Northcloud, but at particalar times. No earth to be taken from the
lands of Mr. Manby. Commiflioners may a<5l as juftices. Proceedings to
be entered in books. Orders not to be reverled, but at a meeting for that
purpofe. Felony on burning of mills, &c. Penalty on deftroying the
works. Mole catching. Penalty on perfons burning banks. lo s. penalty
on perfons driving carriages on the banks. Penalty of 50 1, on perfons
difcharging the water upon other perfons lands. Penalty of 5 1. on perfons
cutting hods, &c. near the banks; and 5 I. penalty on perfons cutting
watering places for cattle to drink. No buildings to be built near the
mills. Penalty. Trees now growing, &-c. may be removed. Dikes, &c.
to be fcourcd. Mills to be infured. Juftices to ad minifter oaths. Form
of convi6fion. Convi6lions not removeable. If plamtift' recover, to have
full cofts. Plaintiff not to recover, if tender made. How penalties may
be levied. Writings to be without ftamps. Lands dug into turf pools,
&c. exempted for 7 years, unlefs occupied, &c, and then to pay one half
rates. Exemption. To prevent cutting of firing. Commiflioners may
ere6l ftiles. Sec. To prevent haling of boats along the banks, &c. Penalty.
The commiflioners of Feltwell diltri61: to repair Crofs Bank, Sec. On neg-
led of maintaining the faid bank, diftrefs on owners for nonpayment.
Diftrefs not unlawful for want of form. Perfons aggrieved may appeal to
the next leflion. Juftices to determine differences. Proceedings not to be
quafhed for want of form. The expences of the a61: to he paid out of the
firft monies. Commiflioners for widening the river Wiflev, and making a
bank againft the lands in Fordham. Who may be commiflioners for the
care of the river Wiffey in cafe of death. Sec. Commiffioncrs may appoint
deputies. Form of appointment. No more than one perfon for the
lord (hip of Fordham, Sec. to a 61: for the care of the river. Time, and place
where the commiffioners are to meet. Commiflioners 0^ Stoke River neg-
Je6ling to meet, or to adjourn, how the next meeting mav be called.
Commiflioners to caufe a proper bank to be built. Commiflioners to
caufe Helgay bridge to be enlarged. By whom the expences of the work
ftiall be paid. Commiffioners to advance 400 1. for carrying op the works.
Perfons contributing towards the works impowered to apply the money
for thofe purpofes. For enforcing the payment of the feveral proportions
of money to be paid. No more than one mill and one gigg to drain into
Stoke River. Piovifo. Commiffioners for draining fliall not interfere
with the commiflioners for widening Stoke River. Saving claufe to the
corporation of Bedford Level. Limitation of a6lions. General iflue.
Doable cofts. Publick adf,

CAP.

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8o Anno decimo tertio Georgii III. c. 46, 47; [1773;

CAP- XLVI.

An aa for the more efFeflual draining and preferving certain fen lands
and low grounds in the pariih of Yaxley, in the county of Huntingdon.
Preamble. Appointment of commiffioners. Deputies may be appointed
to a6\: in their abfence. Owners of 50 acres to appoint a commiflioner.
If owner of 50 acres be a minor, fuch minor or his guardian to appoint a
commiflioner during his minority. Joint owners may be commiflioners,
and may appoint deputies. Proceedings to be entered in books* Meetings
of commiflioners. Commiflioners may adjourn. Commiflioners may a6t
as juftices. No order to be valid, unJefs by order of the commifl^loners.
Commiflioners to make drains, &c. making reafonable fatisfaftion to pro-
prietors of foil. Muftard Seed Clofe to remain a common drain. Com-
miflioners may make contra61:s. Commiflioners impowered to drain other
lands. Officers to be appointed by the commiflioners. Taxes to be
charged by the commiflioners. Surveyors appointed to view the prefent
works. Additional taxes in Hog Fen, and Lord's Fen. Owners to give
in the quantities of their lands. Commiflioners to borrow money. Appli-
cation of the money. No aflignment fliall be made for more than 100 !•
Aflignraents may be transferred. Commiflioners may lend money. Taxes
to veft in creditors. Power to diftrain. Penalty on nonpayment of taxes.
Commiflioners may enter on and hold premifes in cafe of nonpayment of
taxes within 6 months. High lands exempted from payment of taxes.
Perfons^appointed to afcertain high lands. Award to be made in fix months.
On death of the above furveyors, others to be chofen. If perfons appoint-
ed do not make their award in fix months, others to be appointed. The
oath following to be taken. Soke dikes to be made. Land may be pur-
chafed for getting materials. Surveyors may dig gravel, &c. making
fatisfa<5lion to the owners, Jufl:ices to determine differences. Commiflion-
ers to fettle accounts. Officers to account upon oath. Proceedings of
commiffioners to be entered in books, &c. No order of commiffioners to
be reverfed without 14. days notice. Penalty on deftroying works, felony;
and on damaging works, not exceeding 50I. Commiffioners may make
allowances for catching moles, &c. How perfons burning banks are to be
puniffied. Perfons difcharging water through the lands of other perfons
to forfeit 50 k Penalty on perfons deftroying the grounds by cutting of
firing. Penalty on turning hogs on the banks. Perfons cutting ditches,
&c. within a certain diftance of any bank to forfeit 5 1. No houfes, &c.
to be built near mills, Commiffioners may cut down trees growing near
the mills. Fen lands, &c. to be aflefled to poor rates. Juftices to admi-
nifter oaths. Owner or occupier to cleanfe dikes. Commiffioners to have
no power upon The Twelve Foot Drain. Road to be made in Hog Fen.
Mills to be infured. Writings to be without ftamps. Perfons aggrieved
may appeal to the next feffion. Juftices to determine difterences. Pro-
ceedings not to be quaffied for want of form. Diftrefs not unlawful for
want of form. Saving claufe to the corporation of l^edford Level. This
a(5l not to prevent the navigation in The Yard's End Dike and Load.
Limitation of aaions. General iflue. Treble cofts. Publick ad.

CAP. XLVIL

An aft to enable the right honourable Sackville earl of Thanet to make
a navigable cut or canal from a place called The Spring, lying near
Skipton Caftie, in the county of York, to join to and communicate with
the navigable canal from Leeds to Liverpoole, in a clofe called Hebble
End Clofe, in the townfliip of Skipton, in the (aid county of York.
Preamble. The earl of Thanet impowered to complete a navigable cut
near Skio'ton Caftie. Trultees of the grammar fchool at Skipton may fell
pal t of Hebble End Clofe. All fums arifing from the purchafe of Hebble
End Clofe to be laid out in the purchafe of other lands. Arbitrators re-
lative to the prices in money to be paid by earl of Thanet. The earl
to er^a and maintain flop gates. Perfons damaging the works to be ad-
judged c^uilty of felony, Perfons throwing ballaft or jubbiih into the ca-

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5 773-1 Anno declmo tertio GeorGII III. c. 48, — 51. 81

nal or trench.es, to foreit 5I. The works not to be fubjedl to the controul
of commifTioners of fewers. Limitation of actions. General IlTue* Tre-
ble cofts. Fublick aih

CAP* XLVIIL

An a6l for amending and rendering more efFeftual two a<5ls, made^ one
in the eighth and the other in the tenth year of his prefent Majefty's
reign, for regulating the nightly watch and beadles, and lor paving, re-
pairing, cleanling, and lighting, the parilh of Saint Mary le Bone, in
the county of Middlelex, and for other purpofes in the faid a61s men-
tioned.

CAP. XLIX.

An acH: for more efFe6lua]ly executing an a6l, pafTed in the twenty- feventh
year of King George the fecond, for draining and prelerving the lands
in the North Level, part of Bedford Level, fo rar as relates to the fourth
diftrift of the faid North Level.
Preamble, Additional tax of i s per acre. AfTcfTments to be afcertained
according to former furveys. Commiffioners to the former a6f to be
commiilioners to this a(5l. Commiflioners to take the oath prefcribed by
tbe former a6l. The duke of Bedford's devifees may agree for affiiling
the commiflioners in drainin-g the fourth diftri(5f- Tenants to pay the
additional tax, and may dedu6l the fame out of their rents. Leflees to
ecclefiaftical bodies or perfons not intitled to deduct the rates. Rates and
taxes may be recovered bydiftrefs. Unoccupied premifes to remain liable.
Commiflioners impowered to borrow money, and may mortgage the
rates as a fecurity. Copies of mortgages to be entered in a book, and
may be transferred. Creditors deemed equal in degree. Rates to be
liable to pay the money fo borrowed. This a6l not to prejudice the mort-
gages on the former a6f. Writings may be without itamps. Gommif-
Soners to appoint clerks, &c. Receivers to give fecurity and to account :
on refufal or negleft to account-, may be committed by a juHice. Rates to
be entered in books, and accounts of receipts and difburfements. Pro-
ceedings to be entered in book?. Saving the rights of the company of
confcrvators. Not to alter the powers of the former aft. Limitation of
affions. General iflTue. Treble cofts. Pubiick aft.

CAP. L.

An aft for better regulating the poor, and repairing the highways within
the town and county of the town of Southampton.

CAP. ^LI.

An aEi to difcourage the pra^lice of commenchig frholotis and
vexatious [nits in his Majeftfs courts at We ft minder, in
carifes of aElionariftng within the doyninion ^/ Wales -, a.nd
for further regulating the proceedings in the courts of great
feffons in Wales.

WHEREAS, to the intolerable vexation and charge of his Vftd^mhh,
Majeftfs fubjedls in the domirdon <?/ Wales, it hath been
the pra5lice to commence trifling and frivolous fuits in the courts at
Weftminfter, upon caufes of a6lion arifng zuithin the faid dominion of
Wales ; in order that the feme tnoy be tried in the nearejl afoining
Englidi county to that part of the dommion ^/ Wale}> in which the
eaufe of a fit on has arifen^ to difcourage the like pra^rices for the fu-
tures may it pleafe your Majefty that it may be enaded ; and
be it ena(5ted by the King's moft excellent niajefty, by and with
the advice and confeni: of the lords fpiritual and temporal, and
commons in this prefcnt parliament alTcmbiedj tnd by the au-
VoL. XXX. G thority

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S'2 Anno decimo tertio GEORcn IIL c^u [1773.

After Tan. i. thorlty of the fame, That from and after the f5rft day of Jama-^
the^plamrT/ ^^^ .^"^ thoufand feven hundred and feventy-four, in cafe the
i.iary peifon- plaintiff in any adion upon the cafe, for words, adion of debt,
al a(5iion, &:c. trefpals On the cafe, affault and battery, or other perfonal ac-
"^^Ta^'n ^'^"' ^'^^^^ ^^^^ ^^^^^^ ^f ^"^^ ^<S{\on ihall arife within the do-
aHfb^wiles ^'^'"^'^ ^^ ^^^^^^ ^nd which fhall be tried at the affizes, at the
and be tried * P^areft E?7gl^Jh county to that part of the faid dominion of IVales
at the next in which the caufe of adion (hall be laid to arife, (hall not re-
Engiifli coon- cover, by verdia, a debt or damages to the amount of ten
min'ion 'fliau' P^^^^^ ' i" ^^^^^ ^^^'^^ if the judge who tried the caufe on evi-
not recovtr,by ^^"^^ appearing before him (hall certify on the back of the re-
verdia, da- cord o{ Nifi Prius^ that the defendant or defendants was or were
mages to the refident in the dominion of IFales at the time of the fervice of
amount of the writ, or other mefne procefs ferved on him, her, or them,
^^ "* in fuch adion, on fuch fa6t being fuggefted on the record or

judgement roll, a judgement of nonfuit fhall be entered againft
the defendant the plaintiff, and fuch defendant or defendants ihall be intitled
fhall be intit- to, and have like judgement and remedy thereon, to recover

i^ent^'and it- ^^^'^ ^^^ ^^^ ^^^^ ^^^^^ ^g^'^"^ ^^^^ plaintiff or plaintiffs in eve-
medy thereon, ^Y ^^^h adion, as if a verdid had been given by the jury for
if refident in the defendant or defendants, unlefs the judge, before whpm
VV'aks at the fuch caufe (hall be tried, (hall certify, on the back of the record,
femJ^^^f'any ^^'^^ the freehold or title of the land mentioned in the plaintiff's
writ, &-C. in declaration was chiefly in queftion, or that fuch caufe was pro-
iach a6Vion. per to be tried in {uohEngli/h county.

In all aa^ons ^^* ^^^^ ^^ ^^^^^ ^^ prevent tranfitory a£llons^^ where the caufe of
within Wales ^^^ons does not amount to ten pounds^ arfmg within the principalify
which fliall be of Wales, from being brought in any of his Majeftys courts of record
b: ought in out of the faid principality^ be it further enaded. That in all tran-
cord^otu cf' ^^^*^^y ac1:ions arifmg within the faid principality, which from
the laid prin- ^^^ ^^^^^ ^^^ ^^^ ^^Y o^ January^ one thoufand feven hundred
cipaiity, and and feventy-four, (hall be brought in any of his Majelly's courts
the debt (hall of record out of the faid^ principality of /F^/^5, and the venue
t'h-^^ir^ro^a- ^^^^^^^ ^^^^ ^^ ^^^^ '^ ^"Y 'bounty or place out of the faid prin-
moun't'^to^<rL cipaiity, and the debt or damages found by the jury (hall not
a judgement amount to the fum of ten pounds, and it (hall appear upon the
to be entered evidence given on the trial of the faid caufe, that the caufe of
thereon, and g^f^ion arofe in the faid principality o^ Wales ^ and that the de-
pay ^coitrof^^ fendant or defendants were refident in the dominion oi Wales at
iuit. the time of the fervice of any writ, or other mefne procefs ferv-

ed on him, her, or them, in fuch action, and it fhall be fo cer-
tified, under the hand of the judge who tried fuch caufe, upon
the back of the record of Nifi Prius^ (on fuch fa6ts being fug-
gelled on the record or judgement roll), a judgement or non-
fuit ihall be entered thereon, againft the plaintiff, and the plain-
tiff or plaintiffs (hall pay to the defendant or defendants, in
fuch adion, his or their cofcs of fuir ; and the defendant and
defendants (hall have like remedy to recover the fame as in the
cafe of a verdi6l given for the defendant or defendants in fuch
adion ; and, in the taxation of all cofls allowed and given to
Xht defendant or defendants by and in purfuance of thisacTt, tho^
a proper

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1773^.] Anno decimo tcrtio Georgii tIL c.^h §5

proper officer (hall allow to the plaintiff or plaintiffs, out of the
defendant's cofts, the full fum given by the verdidt to the plain-
tiff or plaintiffs for his or their debt or damages ; and, although
tio judgement (hall be entered for the plaintiff or plaintiffs upon
fuch verdidl, yet neverthelefs fuch verdidl, without any judgement
entered therein, fhall be an effedlual bar to any acfbion or ac-
tions commenced by the plaintiff or plaintiffs for the fame.

III. Jttd whereas by an a5l, tnade in the thirty-fourth and A^ ^4. Sc ^$
ihirty-jifth years of the reign of his late Majefy King Henry the Henry 8.
Eighth, intituled^ Ah ad for certain ordinances in the King's
dominion arid principality of WaleSy it is (amongft other
things) enaded. That there Aiall be holden and kept M-
iions, twice in every year, in every of the lliires of the
faid dominion and principality of tVales^ the Which feflions
fhall be called, ^e Jiln^sGreat Sejftbns in Wales ; and that the
juftice of Chejier (hall hold and keep feffions, twice in every
year, in the (hires of Denbigh^ FJirit^ and Montgomery : and
likewife that the juftice 0^ North Wales (hall hold and keep {tU
fions, twice in every year, in the (hires of Caernar^Oon^ Merio-
neth^ and Anglefey \ and alfo that one perfon, learned in the
]aws of this realm, by the King's majefty to be named and ap-
. pointed, (hall be juftice of the (hires of Radnor^ Brecknock^ and
Glamorgan^ and (hall likewife hold and keep feffions, twice in
every year, in every of the fame (hires; and likewife that one
other perfon, learhed in the laws of this realm, to be appoint-
ed as afore fa id, (liall. be juftice of the ftiires of Caermarthen^
Pimhroke^ and Cardigan^ and ftiall in like wife hold and keep
feffions, twice in every year, in every of the fame (hires \
and that the faid perfons, or juftices, and every of them<> then
being, or that thereafter fhall be, ftiall have feveral letters pa-
tents and commiffions for their offices under the King's great
feal o{ England^ to be exercifed by tbemfelves, or their fufficient
deputies, according to the purpofes and intents in the faid ordi-
nances fpeciiied : and vohereas by one other t^/?, tnade in the eigh- Aft iS^'iz*
Uenth year of the reign of her late mojefy ^tecn Elizabeth, intituled.
An zct for the appointing of juftices in the ftiires of JVales^ it is
.(amongft other things) enaded, That the Queen's highnefs, her
heirs and fucceftbrs, may and (hall have full povv'er and autho-
rity, from time to time, to conftitute, name, or appoint, two
or more perfons, learned in the laws of this realm o^ England^
to be juftices of and for the faid counties o^Chefer^ Flinty Den-
iigh^ zx\A Montgomery \ any two or more, learned as aforefaid^
to be juftices of North Wales ; (videlicet)^ of and for the faid (hires
oi Anglefey^ Caernarvon^ and Merioneth-^ aqd likewife two or
more, learned as aforefaid, to be juftices of and for the circuits
and ftiires of Radnor^ Glamorgan^ and Brechnod ; and alfo two
"or more, learned as aforefaid, to be juftices of and for the cir-
cuits and (hires of Cardigan^ Caermarth'en^ Pembroke^ and the town
^nd courity of Haverford JVejl : and zvkereas the exercifing the
power of appointing deputies by fuch juf ices may be attended with in-^
€07ivenience \ for preventing thereof, be it further ehaded. That ^f ^ I^^^^^
DO juftice now appointed, or at any time hereafter to be appoint-

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^4 Anno decimo tertio Georgii III, C.51. [1773.'

power bereaF. ed, of or for the faid county of Chefler, or of or for any county
ing^helr office ^^^^^^^^' ^^ ^^^^' ^'^^^'^ ^he faid principality or dominion of
by deputy; J^yales^ (liall have any power or authority of exercifing his office
except for the .^^ ^^'^puty, fave and except for the purpofe of calling and ad^
purpofeofcal- Jo'Ji'ning any court or courts, and receiving any motion or mo-
ling and ad tions appointed, or efpecially direded to be made at fuch court,
courts'^^ k" ^"^ ^^^ ^^^ further purpofe of taking and proclaiming fines, and
and pVclainf ^''^^^S^^^^S recoveries, in fuch court or courts of each refpedive
ing fines, &c. great feffion and affizes, within the circuit of fuch juftice; any

law, ftatute, or ufage, to the contrary notwithftanding.
Juftices in IV. Provided always neverthelefs, and be it further enaded

Wales may by the authority aforefaid, That from henceforth it (hall and

pu't^s^'r'ir the "^^y ^^ ^^"^^'^^ ^"^ ""^^ ^^^ ^^^^ ^^^^^^^ ^"^ refpedive juftices of
be^ore-men- ^"^ ^^^ ^^^^ ^'^^^ feveral and refpedive circuits and counties for
tioned pur- the time being, from time to time, and at any time, as occa-
pofes. flon may require, by writing under the hand and feal, or hands

and feals, of fuch juftice or juftices rcfpedfively, to nominate
conftitute, or appoint, any perfon or perfons to be his or their
deputy or deputies, for the intent and purpofe of calling and ad-
journing any court or courts, and receiving any motion or mo-
tions, appointed, or efpecially direded to be made at fuch court,
and for the further purpofe of taking and proclaimino- fines and
arraigning recoveries in fuch court or courts of each refpedive
great feflion and affizes, within their feveral and refpedive cir-
cuits and counties aforefaid, which perfon or perfons fo appoint-
ed fliall have full power and lawful authority fo to do.
His Majefty, y. Provided always, and be it further enaded, That his Ma-
aKlan m-'n'ua^^^ ^^^^ ^^^^^^ ^"^ fuccelTors, fhall and may, under his or their

jnay appoint ' royal fign manual, appoint one or more perfon or perfons, learn-
perfons to ex- ed as aforefaid, to execute the faid office of juflice in the faid
ecute the office county palatine o^ Chejier^ or in any of the faid counties of
phleo^^^^^^^ ^^^^^^-' ^^^ ^^^ ^^^" next enfuing great feffions,in the place and
who, by ill- f^e^d of any of the faid juftices, who fhall, by illnefs, be pre-
nefi, Oiall be vented attending upon fuch great fefTions, and fo as often as the
prevented necefTity of the cafe fhall require ; any law, ufage, or cuftom,
from attend- ^^ ^^^^ contrary thereof in any wife notwithftanding,

c"^^ . u . ' VI. Jnd ivhereas it is mueived that the fuitors in the court of
Suits to be tn- , „. , ^ r rr - ^h j • • j j. - - t nJ^^-r .-'

ed by fpecial the King s great JeJ/toris in the dommon and pruicipality ^ Wales

juries ; and w.ilU in ^<^ny cafes ^ experience great benefit and advantage by having

fuch juriesmay ^/,^,/^ y^^//^- i^l^^ })y fpuial juries ; be it therefore further enadled

bellnick asm^ ^j^^ authority aforefaid. That the juftices of his Maieftv's

the courts at ^ r rr ' 'TIT J .• j i i , r -' /- •'^

WelliTiinlttr. g^'^^^ fefTicns m Wales^ upon motion made on behalf of his
Majefty, his heirs or fucceftbrs, or on motion of any profecutor
or defendant in any indictment or information of any mifdemea-
nour, or on the motion of any plaintiff or plaintiffs, defendant" ^
or defendants, in any adion, caufe, or fuit whatfoever, de-
pending, or to be brought and carried on, in any his Majefty's
courts of great fefTions in IVales^ fhall and may, in cafe fuch
juftices in their difcretion ftiall think fit, order and appoint a
jury to be ftruck before the proper officer of fuch courts, for the
trial of any iffue joined in any of the faid cafes, in fuch manner

as

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I773*] Anno declmo tertio Georgii III. c. 51. S3

as fpecial juries have been ufually ftruck in the courts of law, at
Wejlmwjier^ upon trials at bar had in. the faid courts ; which
jury fo ftruck as aforefaid ihall be the jury returned for the trial
of fuch iffue as aforefaid.

VII. Provided always, and be it further enaded by the au- Party apply-
thority aforefaid, That the perfon or party who (hall, by virtue ing f'^r a (pe^
of this aa, apply for fuch fpecial jury, (hall not only bear and ^^^ jh^fees
pay the fees for ftriking juch jury but fliall alfo bear, pay, and fo^ ftriking
difcharge all the expences occafioned by the trial of the caufe by fuch jury, and
fuch fpecial jury, and (hall not have any further or other allow- ^^l^^^^^^^^l
ance for the fame, upon taxation of cofts, than fuch perfon or ^^6^1^^ of th«
party would be intitled unto in cafe the caule had been tried by caufe.
a common jury, unlefs the juflices or juftice before whom the
caufe is tried ihall, immediately after the trial, certify in open
court, under his or their hand or hands, upon the back of the
record, that the fame was a caufe proper to be tried by a fpecial
jury.

VIIL Jnd^ to prevent the demand or payment of extravagant fees Perfons who
of jurymen returned under the authnrity of this a^, be it further en- ^^^J^/^,7fl all
a6ted by the authority aforefaid. That no perfon who (hall ferve no[be allowed/
upon any jury, appointed or returned by authority of this adl, above il. is.
fhall be allowed, or take, for ferving on any fuch jury, more for (bch ler-
than the fum of money which the juftices or juftice who tries the ^^^"^^
iffue or iffues fliall think jufl: and reafonable, not exceeding the
fum of one pound one (liilling, except in caufes where a view
hath been or fliall be diredled.

- IX. And for the greater eafe and benefit of all perfons whomfoever juftjces may
in the taking of affidavits to be made ufe of and read in the courts of im power per-
his Majejly's great fefpons in Wales, in all matters and caufes what- ^^'[^ to take
foever depending^ or to be depending^ in all or any of the courts afore- ^^'^!'^^''^'^^ ^'^"^
faid^ or in any-wife concerning the proceedings of or in the fame^ be celdin|s^^n "
it enaded by the authority aforefaid, That the juftices of the their arcuitsj
refpedive courts of great feflions in Wales for the time being
fliall and may, by one or more commiff^on or commiflions, un-
der the feal oi the faid refpeclive courts, from time to time, as
need fliall require, impower fuch and fo many perfons as they
fliall think lit and neceffary, in all and every the feveral (hires
and counties within their refpe6\ive circuits in the faid dominion
of Walis^ to take and receive all and every fuch affidavit and
affidavits as any perfon or perfons fliall be willing and defuous
to make before any of the perfons fo impowered in, or concern-
ing any caufe, matter, pr thing depending, or hereafter to be
depending, or in any-wilc concerning any of the proceedings
to ^e in their refpe6live circuits of great feffions, as the juftices
of his Majefly's court^df King^s bench, or common pleas, or
the lord treafurer, chancellor, and barons of the court of exche-
quer for the time being, do ufe to do; which faid affidavits, snd the affida-
taken as aforefaid, fliall be filed in the feveral and refpe61ive of- vies fo taken
fices of the faid feveral and refpe6tive courts of great feffions, j^^f^e offi^^
and the fame fliall and may be read and made ufe of in the faid o" the refpec-
rcfpedlive courts to all intents and purpofes, ss other affidavits tive courts.

q 3 taken

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86 Anno decimo terdo Georgii III. C.5r. [1773;

taken in the faid refpedive courts now are; and that all and
every affidavit and affidavits, taken as aforefaid, (hall be of the
fame force as affidavits taken in the faid refpedive courts now
are \ and all and every perfon gnd perfbns forfwearing him, her,
or themfelves, in fuch affidavit or affidavits, fhall incur and be
liable unto the fame penalties, as if fuch affidavit or affidavits
had been made and taken in open court ; which faid feveral
commiffions (hall be made out by the prothonotary, upon a fiat
or warrant from the faid juftices for the time being of the faid
rerpe(5live courts of great feffions in Wales ; and the faid protho-
notary Ihall caufe an entry to be made in a book to be kept for
that purpofe of the names of the perfons to whom fuch commif-
fions are, from time to time, granted, and the refpedhve times
when iffued ; and the following fees (hall be paid for each com-
mifTion, and no more ; [towit)^ the fum of two fhillings for
the fiat or warrant ; the fum of four fl:iil]ings for making out
the faid cpmrniffion, befides the King's duty, and value of thq
parchment ; and the fum of four (hillings for fealing the fame ;
and every commiffioner, or perfon fo impowered, (hall take and
receive, for the fwearing of every affidavit before him, the fum
or fee of one Hulling, and no more.
Ko comrnif- X. Provided neverthelels, That no perfon appointed a com-
fi oner fo ail miffioner as aforefaid (li all take or receive any affidavit during
take an affida- ^y^^ ^j^^^^ ^^ holding the great feffions, or affizes, for the coun-
tjme^oTlfold- ^Y or place in which fuch caufe, matter, or thing, (hall be.
ing afiizes. depending,

^^ . , XL Provided alv\^ays, and it is hereby enacled. That fuch

have hereto- ofricers of the faid feveral and refpe61ive courts of great feffions
fore taken affi- in Walcs^ as hnve heretofore taken or fvvorn affidavits, (hall and
davits may p^gy continue fo to do, in the fame manner as if this ad: had
^^"^"^^ ^'^ ^^ not been made ; any thing herein contained to the contrary
notwithflanding. ' < -

XIL And^ to give greater eafe and benefit to all perfons withui

ihe faid dominion ^/ Wales, 'f// taking the'recogfiizanc'es of fpecial

lufticesof the ^^^^^ ^P'^^^ ^^^ a^fions and fuHs depending ^ or to he defending^ in any

courts or gi-eat of the courts of his MajePfs great feffons in Wales ;" be it further

feffions m^y enadled by the authority aforefaid. That the jiiftices of the re-

im power per- fpec51ive courts of p;reat feffions in Wales for the time being; fliall
Ipnstotake ' , t • -rr • cr j-^

..lrorr•,.^'T.nrp. sttd Hiav, bv ottc or more commiffion or commjlhons, under
£)f bail j' tlie feal of the laid relpeclive courts, rrom time to time, as need

fhall require, impower fuch and fo many perfons (other than
common attorneys or folicitors) as they (hall think fit and ne-
cefiary in all and every the feveral (hires and counties within
their refpcdtive circuits in the faid dominion oi Wales ^ to' take
and receive all and every fuch recognizance or recognizances of
bail or bails, as any perfon or perfons fhall be willing or 6^^-
rous to acknowledge or make before any of the perfons fo im-
powered in any aclion or fuit depending, or hereafter to be de-
pending, in the faid refpective courts, or any of them, in fuch
manner and form, and by fuch recognizance or bail piece, as
^he juftices pf the faid courts of great feffions refpedively have
- ■ -' ' ' ufed

Hosted by Google

I773-] Anno declmq tertio Georgii III. C. 51/ 87

ufed to tai^e the fame; which faid recognizance or recognizan-
cpes, bail piece or bail pieces, fo taken ^s aforefaid, together
•with an affidavit nnade of the due takirig of the recognizances
of fuch bail or bail piece, by fome credible perfonprefent, at the
taking thereof, (hall be tranfmitted to the prothonotary's office, ,. h fh II h
there to be filed of record, paying fuch fees as have ufually been tranfmitted to
received for the taking of fpecial bails by the juftices clerks, and the prothono-
Qther officers of the faid refpeQive courts, which recognizance tary's office to
of bail or bail piece, (o taken and tranfmitted, fhall be of ihe^^ ^^^"*
like efFed, as if the fame were taken before any of the faid ju-
ftices; for the taking of every which recognizance or recogni-
^ zances of bail or bail piece, the perfon or perfons fo impowered
Ihall receive only the fum of or fee of two (hillings, and no
more.

XIIL And be it further enaded by the authority aforefaid, juftjces to
That the laid juflices of great feffions, in their refpecftive courts, make rules for
(hall and may make fuch rules and orders for the juftifying ofj^i^^^yi^g^^ilf
fuch bails, and making the fame abfolute, as to them fhall feem
meet, fo as the cognizor or cognizors of any fuch bail or bails
be not compelled to appear in perfon in any of the faid courts,
to juftify him or themfelves ; but the fame may be, and is here-
by direded to be determined by affidavit or affidavits, duly
taken before the faid commiffioners, touching the value of their
refpedive eftates.

XIV, Provided always. That the attorney for the defendant ^^^i^^ ^^ ^g
or defendants fliall give notice to the plaintiff's attorney of the given of the
taking of fuch bail within eight days after the caption thereof, taking of fuch
and that the plaintiff (hall be at liberty, within eight days after ^^^* ^Y ^^^
fuch notice, to take exception to fnch bail, and enter the fame ^ff'^^^^^^'s

.- , , i rr I r 1 • i • . attorney to

jn the prothonotary s office; and fuch exceptjon havmg been the attorney
taken, the bail fhall be juflified before the juflices, before the for the plain-
rifing of the fecond court at the enfuing feffions ; and the bail titf.
bond taken by the (heriff, under (heriff, or other officer, for tl-je
defendant's appearance, fhall remain in force until fuch fpecial
bail (hall have been finally juftilied as aforefaid ; but the plain-
tiff, neverthelefs, fhall be at liberty to file his declaration con-
ditionally in the prothonotary's office ; and the defendant, in .
cafe fuch declaration fhall have been delivered kven days before
the firft day of the feffion next enfuing the return of fuch writs,
fhall plead thereto, before the rifing of the fecond court of fuch
great feffions, unlefs f\Arther time fliall be given him by the court
for that purpofe.

XV". Jnd whereas all writs rclaihig to a5lions depending in //v Orio-inal writs
courts of great fejfions^ in the feveral counties in North and South bills', ^c. /hall
Wales, are returnable at the great feffion held refpeBively for the^^ ^^^'^ ^^-
faid counties^ ami at no other time^ ky which means no a^ion that is ^^^^^^^^^^,^^'
commenced^ [except where the defendant or defndants voluntarily ap- iiicts of North
pear)^ can be brought to iffue^ aiid tried before the fecond fejfion and Souih
after filch action is commenced at the foonefl^ which is ufually near a Wales.
year^ and a great delay to the fuitors of the faid courts : for rem^edy
Vifhereof, and for the greater eafe and benefit of the faid fuitors,

G 4 b.e

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88 Anno decimo tertio Georgii III. Cgxl [^773-

be it further enaded by the authority aforefaid. That from and
after the firft day oi January^ one thoufand feven hundred and
feventy-four, all original writs, bills, and all mefne procefs
whatibever, by which any a6lion (hall be commenced or fued
in the faid courts of great feffions for the faid counties o{ North
and South Wales^ (hall and may be made returnable before his
Majefty's juftices refpedively of the feveral counties of North
arid South Wahs^ on the firfl: JVednefday in any month, in each
of the two vacations, annually, betwixt the two feffions, or on
the tirft day of the next feffions, at the eledion of the plaintiff
or plaintiffs, his, her, or their attorney, who (hall fue out the
iame : and that all fuch writs or procefs which (hall iiTue out of
the faid courts, returnable in the vacations as aforefaid, and
whereon or wherewith the defendant or defendants (hall be ar-
reted, or ferved with a copy or copies, fuch defendant or de-
fendants fliall appear and tile fpecial bail, or enter a qommon
appearance, as the cafe (hall require, on the day of fuch return,
or within fourteen days next after ; and in cafe of negledl in
bailable actions, the (heriff, under (heriff, or other officer,
fhall, at the requeft and cofts of the plaintiff or plaintiffs, in
fuch adions, his, her, or their attorney, affign to fuch plaintiff
or plaintiffs the bail bond taken for the defendant's appearance
upon the arreft, by indorfment and atteftation under his hand,
in the prefence of two or more credible witneffes i and the plain-
tiff or plaintiffs in fuch a6lion, after fuch affignment made, may
bring an action or fuit upon fuch bail bond in his, her, or their
own name or names j and the faid courts may, by rule or rules
thereof refpedively, give fuch relief to the plaintiff and plain-
tiffs, defendant and defendants, in the original adion, and to
the bail fo fued upon the baH bond, as is agreeable to juftice
and reafon ; and in cafe ow fervice of the copy of any writ qr
procefs (having notice thereunder written, purporting the in-
tent of fuch fervice), returnable in the vi^cation time as afore-
faid, the defendant or defendants fo ferved therewith, fl^all not
appear at the return, or within fourteen days next after the re-
turn tliereof, as aforefaid, it fhall and may be lawful to and for
the plaintiff or plaintiffs in fuch a6rion5'upon affidavit being
made, and filed with the prothonotary of the faid refpeclive
courts, or his deputy, of the perfonal fervice of fuch writ or
procefs as aforefaid, to enter a common appearance or appear-
ances for the defendant or defendants, and to proceed thereon
as if fuch defendant or defendants had entered his, her, or their
appearance ; and fpecial bail having been filed, or a common
appearance entered, as the cafq fliail require, the plaintiff iri
fuch ad^ion may proceed to file his declaration ; and the defen-i
dant pr defendants, in cafe fuch declaration fhall have been de-
livered {tvtvi days before the firft day of the feffion next enfu^
ing the return of fuch writ, (hall be bound to plead thereto, be-
fore the rifing of the fecond court o^ fuch great feffion, to be
holden for the county or place in which fuch aclion (hall have
' beea

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1773'] Anno decimo tertio GeoRGII III. c. 51. 8g

been brought, unlefs the court flaall think proper to allow Far-
ther time for that purpofe.

XVI. And be it further enaded by the authority aforefaid, Original bills
That from and after the firft day of January, one thoufand fe- how to be
ven hundred and feventy-four, every officer or clerk belonging JS^J^^^ > ^^^
to the feveral courts of great feffions in the principality oilVales,

who fhallfign any original writ or bill, relating to adions de-
pending in the faid courts of great feflions, (hall, at the figning
thereof, fet down upon fuch original writ or bill the day and yearof
his figning the fan:ie, which (hall be entered upon the remem-
brance, or in the book where the ab(lra6ls of fuch original writ
or bill fiiall be entered, upon pain to forfeit the fum of five
pounds- for every offence or negledl of fuch officer or clerk a-
forefaid ; to be recovered by any perfon who Iball fue for the
fame, by a6lion of debt, bill, plaint, or information, wherein
no wager of law, prote6tion, or effbin, or more than one im-
parlance (hall be allowed. p i -

XVII. Jnd luhereas by fun dry ftatutes. Penalties are given for "^^^^^^^^
offences thereby provided Qgainfl^ and fuch penalties are directed to be ^{^^re to be
fued for and recovered in his Majcjlys courts ^/ Welxminfler o72ly^ fued and re-
and the enabling the refpeBive courts of great feffions to hold pleas,, covered.

or to have cognizance in all fuch cafes arifng or happening luithin
their refpeBive jurifii^ions, zvould be for the eafe and benefit of the
inhabitants of the doininion of Wzlts ; be it further enaded by the
authority aforefaid, That from and after the firft day of January,
one thoufand feven hundred and feventy-four, in all cafes where
any penalty or penalties is or are given by any ftatute, and the
fame is, are, or (hall be diredled to be recovered in the courts
of Weflminjler, or either of them, excepting fuch as may by the
laws now in being be fued for only in his Slajefty's court of ex-
chequer, and the offence for which any fuch penalty or penal-
ties hath or (hall be given fhall be done or committed in any of
the counties of JVaUs, and the defendant or defendants liable to
the fame (hall be refident within the jurifdidtion of the great
feffion held for any county oi Wales, it fhall and may be lawful
to and for the plaintiff or plaintiffs, profecutor or profecutors,
or other perfon to whom any fuch penalty is given, or who fliall
be intitled to fuefor the fame, in every fuch cafe, to fue for and
recover the fame in the courts of great fedion refpev^lvely in
Wales, within which fuch penalties have or (hall be incurred, in
fuch manner and form as he, (he, or they, might have done
in the courts at Weflminflcr \ and that the faid refpedlive courts
of great feffion Hiall have jurifdidioa as fully, to all intents and
purpofes, as if the faid courts had been refpectively naaied in
all and every of the faid a6ls, and the powers thereby given ex-
tended to the faid refpedtive co^rts«

CAP.

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90 Anno decimo tertlo GpoRGji III, c. 52. [1773.

CAP. LIL

Jn aof for appointing wardens and ajjaymafters for affaying
wrought plate in the towns ^/Sheffield ^W Birmingham.

Preamble, "TTTHEREAS the fiver frniths and plate-workers in and about
VV the town ^/Birmingham, in the county ^/Warwick, and
in and about the town ^/Sheffield, in the county ^York, are under
great dificuUies aud hardjhips in the exercife of their trades, for want
^f ^Jf'^y^r^ i'^ convenient places to afjay and touch their zvr ought plate :
tor remedy whtreof, be it enacted by the King's moft excellent
pi^jefty^ by and with the advice and confent oi the lords fpirj-
tual and temporal, and commons, in this prefent parliament
aflembledj and by the authority of the fame. That the feveral
towns of Birmingham and Sheffield aforefaid fliajl be, and are
hereby appointed for the affaying and marking of wrought filver
plate, and for executing the powers, authorities, and direilions^
given by this a6l.

The ^uardl- II. And be it enabled by the authority aforefaid. That the

fianda/d^f ^'^'^'^ ^^ -^^^'tmcuth^ the right honourable lord ^r^Z-'^r, the right;

wiougl^tplate.^!^'^^^^^^^^^ ^^''i^^g^ Finch, commonl'j C2i\\^^ lord Guern fey ; the
'right honourable George Greville, commonly called lord GreviUej^
the right honourable Francis Conway, commonly called lord Beau-
champ', fir Johji Wroitefey baronet, fir Henry Bridgman baronet,
the \\o\\o\ixd\:\t John Ward, Richard Geaf, John IFyr ley, Ifaac
Spooner, Henry Gcugh, Charles Colemore, John Taylor, Samuel Gar-
hitt, Henry Carver fenior, Jofeph JVilkinJon, Sampfon Lloydy junior,
Thomas Ingram, Edward Palmer, John Kettle^ JoJJma Glover^ Mat-
thezt; Bouhon, John Francis, Thomas Mynde'^ Samuel Pemberton^
John Turner fenior, John Lee, IVilliam Sawyer ^ John Lane of
Mofely, James Alfon, Matthew Barker, Jofeph Adms of Walfall^
James Wright, Samuel Gait on, and James Jackfon, (hall be, and
are liereby incorporated a company of or belonging to the faid
town of Birmingham ', and that the moft honourable Charles
marquis of Rockingham, the earl of Stafford, the earl of Effing^
l/om, Godfrey B agnail Clark, Anthony Saint Leger^ Samuel Shore
the younger, Samuel Tooker, Henry Howard, Walter Oborne, the
rt\'^rQnd James Wilkinfon clerk, Benjamin Roebuck, Thomas Broad-,
hen', John Shore, George Greaves, John Turner, Thomas. Bland^
George Brittain, "Samuel Staniforih, Simon Andrews Young, Jofeph
Maithewmau, John Hcyland, Henry Tudor, John Winter, Albion.
Cox, John Roivbotham, jofeph Hancock, Mattheiu Fenton, William
Marjden, Thoinas Low, and Jofeph Wilfon, Ihall b^, and are
hereby incorporated a company of or belonging to the faid town
of Sheffield, and (liall be called and known by the name of The
guardians of i}:e Jlandard of wrought plate, within fuch towns re-
fpectively, and {hall continue of fqch cornpany fo long a§_ they
live and refide in fuch towns refpedlively, or within twenty
miles thereof; which companies refpecflively fhall be enabled,
and are hereby authorifed, on or before the fifth day of July
nej^t, to meet at feme convenient place within each town refpec-
tively, atid chufe four perfons by majority of voices out of each,

coni-

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lyyS'] ArinG decimo tertlo Georgii III. c. 52. gi

company refpedlively, to be the wardens of the faid company m
each of the faid towns refpedtively 3 which faid wardens fliail
continue for the fpace of one year, and no longer, unlefs re-
eleded by the company in planner afprefaid.

III. And be it further enaifled by the authority aforefaid, That Other perfons

each of the faid companies refpeclively (hall be enabled, and are tobechofen m

hereby authorifed and direfted, annually, on the firft Monday in P^.^^V' n^^?^?
cv 7 ••' ' . r /2^ J r CA • / I who Ihalj dies

July in every year, out of fit and proper perfons refident in fuch ^nd four war*

fowns refpedively, or within twenty miles thereof, to chufe, by dens to be "
a majority of members prefent at any meeting to be held fof ?lefled.
that purpofe, one or more perfon or perfons into the faid com-
panies rerpe61ively, in the phce and ftead of fuch of the faid
company who fhalihave died or removed to a greater diftance
than twenty miles from fuch towns refpedivcly, fo as by reafon
of fuch choice there (hall not be, when the company is com-
pleat, more than nine or lefs than fix plate-workers members of
each company refpe6lively ; and that immediately after fuch
companies fiiall be fo filled up in manner aforefaid, they fhall
be enabled, and are hereby authorifed and direded, to proceed
to the election of the four^vardens for the year enfuing, in man-
ner aforefaid ; and if any of the faid wardens fo chofen as afore-
faid fhall happen to die, or remove to a greater diftance than
twenty miles out of fuch town, then the faid companies refpec-
tively (hall, within one month after fuch death or removal,
chufe another perfon of each refpe(5tive company, in manner
aforefaid, to be warden in his room ; and fuch perfon (hall and
is hereby authorifed and required to a(3 accordingly for the re-
mainder of that year.

IV. And be it further ena61ed by the authority aforefaid, No filver plate
That no filverfmith or plate-worker in either of the faid towns,, ^P be fold, un-
dr within twenty miles thereof, fhall knowingly put to fale, ex- n^^^t^f ^^"^^ ,
change, or fell any filyer vedel, plate, or manufadure of filver, id with the
inade or wrought in either of the faid towns, or within twenty initials of the
miles thereof, after the twenty-ninth day of September next, or worker^'s
export the fame out of this kingdom, until fuch time as fuch "^"^^* ^'^'
filver veflel, plate, or manufadured iilver,' (being of the (land-

ard of eleven ounces two penny v/eight of fine Tilver per pound
troy,) (lisll be marked as tolloweth ; that is to fay, with the
ni^rk of the worker or maker thereof, which (hall be the firit
letters ofhischriftian andfurname; and alfo with the lion paflant,
and with the mark of the company within whofe afTay office
fuch plate fhall be a(rayed and marked, to denote the goodnefs
thereof, and the place where the fame was aflayed and marked ;
and alfo with a diftin6t variable mark or letter; which letter or
mark (liall be annually changed upon the eie6lion of new war-
dens for each company, to denote the year in which fuch plate
is marked, or plate being of the (iandard of eleven ounces ten
penny weight of fine filver /»^r pound weight troy^ with the mark
of the worker or maker thereof, which fhall be the (irfl: letters
df his chriftian and furname, as aforefaid, the figure of a wo-
pm commonly called ^ritannia^ the faid mark or letter to de-
/^ ' ' note

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Q2 Anno decimo tertio Georgii 111. c.52. [^773*

jiote the year as aforefaid, and with the mark of the company
within whofe office fuch plate (liall be aflayed and marked, upon
pain that all fuch filver vefiels, plate, or other manufactured
filver, (except fuch things as by reafon of their fmallnefs or
thinnefs are not capable of receiving a touch), which (hall be
made, expofed to fale, exchanged, or exported, contrary to
this a61:, fhall be forfeited, or the value thereof, one moiety
thereof to the King's majedy, his heirs and fucceflbrs, and the
other moiety thereof to fuch perfon or perfons as will fue for
the fame ; to be recovered by adion of debt, bill, fuit, or in-
formation, in any court of record in any county or place wherein
fuch offence (hall be committed, and wherein no effoin, pro-
tecS^ion, wager of law, or any more than one imparlance, ftiall
be allowed.
p .. V. And be it further ena6led by the authority aforefaid,That

nfarkfof the the peculiar txiarks of the faid companies, diredted to be ufed as
Birmingham aforefaid, (liall be as follows ; that is to fay, for the Birmingham
and Sheffield company, an anchor ; and for the Sheffield company, a crown,
companies. yj^ ^^^ ^^ j^ further enacted by the authority aforefaid,

Aflayers tobe yj^^^ gg^h of the faid companies fhall, from time to time, ele6l
bot^^^ ^^ ^^^ chufe, in manner aforefaid, one or more able and fkilful
jiies^ ^°"^^^' perfon or perfons, experienced in the.afiaying of filver, to be
the affayer or affayers; and that fuch perfon or perfons fo chofen
fhall continue in the faid office during his or their life or lives,
unlefs he or they (hall negledl to attend the faid bqfiqefs, or
fhall die, or be rendered incapable of executing the faid office
of aflayer ; for which faid affayer or affayers it (hall and may be
lawfuUo detain eight grains only from every pound troy of filver
he or they Ihall affay, four grains whereof (hall he put into the box:
of diet, and the other four grains fhall be ailov;ed him towards
his wafte and fpillings in making the faid affays ; and every af-
fayer and affayers, chofen in purfuance of this acfl:, immediately
after his or their ekaion or eledions, and before be or they
take upon himfelf or themfelves the execution of the faid office,
fliail enter into one bond or obligation to the mafter of his Ma-
jefty's mint for the time being, with two fufficient fureties, to
be approved of by the faid mafter, in the penalty of tive hun-
dred pounds, for the execution of the faid office, and for the
due payment of all fuch fines and funis o^ money as are anc|
fhall be charged and impofed on him or them by this ad, for
n^tcX or fr'aud in the execution of the faid office j c^nd (hall
alto take and fubfcribe the oath following; videlicet^

AlTayer'soatb. y ^^ g^ Jq fwear^ That I tv 111 he faithful and true to ourfoveretg?i
X lord King GtoxgQ, and vjiU, fo long as I continue an af]ayer, well
and faithfully behave my f elf in the fold office ; and no undue profit to
wyfelf take^ to the hurt or hinder ance of any perfon that is owner or
hr'inger of any fiver in plate to he affiayed, except of wrought plate
only^ four grains of every pound weight to he taken and put into the
box \f dict^ and other four grains to be talen likewije of every pound
weight of plate wrought^ [and not (^thenvife,) toivards my '^fj^:^^^^

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1773-] -A^^o declmo tertio Georgii III. c. 52. 93

fpillings in making the /aid a Jays ; and that I will touch no ftlver but
what Jhall be of the goodnefs of and according to the fiandard of this
kingdom J which, for the time beings is or fljallbe appointed by law for
tvrought plate, or better-, aftd all fuch fiver as Jhall be brought to me
to be touched, I will carefully examine, to fee if it be of all one fort of

filver^ and forivard enough in the worhnanjhip, and whether all the

pieces be fixed together that are intefided to be affixed together, and
luhether it be not charged with iinneceffary folder % and if I find the

fame liable to either of the obje^ions aforefaid, I will not ajfay the

fame ; and that I will truly fet down in writing all fuch fiver as fl)all
be brought to me to be touched, and the fame, at all times, as I fhallbe
required, luill duly and truly deliver again, {except eight grains as
aforefaid',) and will true accounts ?nake thereof, when required by the
zvardens of the company wherein I am chofen ajfayer ; and that I will
no -affdys make of things new wrought, before that they be marked
zvith the mark of the maker or owner thereof-, and that I will, ac-
cording to the befl of my /kill and judgement, make every afjay fo, and
in fuch fort and manner, as may bejl afcertain the true intrinfick

Jiandard of fuch plate jo to be ajfayed', and that I will not- put ^ or
zvittingly fujfer to be put, into the aforefaid box, any filver but that

filver which has been f craped and taken in my prefence from the plate
zvhich I fi}all affay and pa fs for fiandard -, oJid that I will not, by my-

' felf, or in partnerjhip with any other perfon, direolly or indire£lh, be
concerned in the buying or felling of filver bullion, or in the manu^
fa^uring of IV rough t plate.

So- help me God,

"which oath the mailer of his Majefty's mint in the tower of
London for the time being, or in his abfence his deputy in the
faid office, is hereby required and impowered to adminifter to
fuch affayer.

VII. Provided always neverthelefs, and be it enadled by the On death of
authority aforefaid, That if any perfon chofen aflayer in purfu- aflayer, &c,
ance of this adl, (hall negled to attend the faid bufmefs, or (liall eka^anJcher.
die, or be rendered incapable of executing the faid office; that

then, and in either of the faid cafes, it (hall and may be lawful
to and for that company to whom fuch aflayer did belong to
ele6l and chufe, in manner aforefaid, one other iiv and proper
perfon 10 be the affayer, in the place and ftead of the affayer
fallen under either of the defcriptions aforefaid.

VIII. And be it further enaded by the authority aforefaid. Each compa.
That each of the faid companies fhall find and provide, within ny to provide
their refpedive towns, a proper place for an office for receiving ^"^ ^ff<*yofficej
in, aifaying, and delivering out all wrought plate that fhall be ^" !. t
brought to be aifayed in purfuance of this ad; and that all to be examL-
wrought plate that [ball be there brought for the purpofe afore-. ^d by two
faid (liall be examined by two of the wardens and aflayer of the ^-"^^^^^^^^ and
faid company, to fee if it be all of one fort of filver, and forward ^" ^%^r.
enough in the workmanfliip, and whether all the pieces be

affixed together that are intended to be affixed together, and
whether it be marked with the maker or owner's mark, or be

not

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94 Anno decimo terdo Georgh III. c. 52; [1773.^

not charged with linneceflat-y folder ; and that if they (hall find
any of fuch plate liable to either of the objedions aforefaid, that
then they fhall return the fame without making any aflay there-
of; but if they fhall find fuCh plate free from all the objedlions
aforefaid, that then there fhall be drawn, fcraped, or cut off, in
the prefence of two of the wardens and aflayer, fo much from
each piece, in proportion to the weight thereof, as will not ex-
ceed in the whole the rate of eight grains for every pound
weight ; and the drawings, fcrapings, or cuttings ofi^; frbrti
each piece, fhall immediately after be divided into rhoieties
in the prefence of the faid wardens and affayer ; and a moiety of
the drawings, fcrapings, or cuttings off, from each piece, be de-
livered to the aflayer, for him to make his aflays, and the other
moiety fhall be locked up with three different locks in a box to
be provided for that purpofe, (which fhall be called The JJfayer's
Box^) and the refpedive keys thereof fhall be kept by two of the
wardens and affayer of fuch refpeftive company by whom fach
affayers fhall be eleded and chofen.
If bafe metal IX. And be it further enaded by the authority aforefaid,
be found in That if on view of any of the faid plate fo brought to be affayedj
^V ^^*^he°^ ^"^ ^^^^^ weighing the fame in water, and trying the effect of
?aroe'(haU be magnetifm, the wardens and afTayer, or either of them fhall have
broken, and fufpiclon of iron, or other bafe metal, being introduced or con-
the value for- cealed in any piece of plate fo brought to be affayed ; that then it
felted. n^^ji g^^ j^^y j^g lawful to and for the faid wardens and aflayer to

cut the fame, or caufe the fame, in their prefence to be cut ; and
if upon cutting thereof any unnecefTary iron, or other bafe metal^
fhDil be found therein, the faid piece of plate fhall be broken and
defaced, and they are hereby authorifed and direded to break
snd deface the fame; and the faid plate, or the value thereof,
fbiall be forfeited to the faid wardens and afTayer, and the producjd
thereof be by them applied towards the expences of the aflay
oflice.
If no bafe X, Provided always, neverthelefs, and be it enaded by the

metal be authority aforefaid, That if on cutting fuch plate, by authority

found on cut- gforefaid, no unnecefTary iron, or other bafe metal, fhall be found
^^1"^ ^Tecom therein; that then, and in fuch cafe, the faid wardens, and af-
penci'wbe' fax'er Qiall forthwith make a recompence and fatisfadion, iri
made, money, to the owner of fuch plate, to the full amount of the

damage done to the fame, and charge the fame to the account
of tlie^ expences of the afTay oflice.
Drawings, XL And be it further enaded by the authority aforefaid,

icrapings, &c. That the moiety of the drawings, fcrapings, or cuttings off, of
how to be dif- ^^^.^ piece {o brought to the afTay office as aforefaid, and the
^oied of. j^oiety thereof to be locked up in the afTayer's box as aforefaid,

(hall be put in feparate papers, and marked with correfponding
numbers, and the afTayer fhall make his report to the wardens
upon each piece; and fuch of the faid numbers, as the affayef
fnall report to be worfe than ftandard, the pieces of plate cor^
refpondincT with fuch numbers fhall be broke to pieces in the
prefence o'f the (aid wardens and affayer, and returned to the

owner.

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1773*1 Anno decimo tertio Gecr^gIi IIL c. 52.' 05

owner, he paying iixpence per ounce to the aflayer for aflaying
the fame j and fuch nun:ibers %% the faid afTayer (liall report to
be flandard or better, the pieces of plate correfponding with
fuch numbers fhall be forthwith marked in the prefence of the
wardens and afTayer, with the company's mark, and delivered to
the owner or bringer of fuch plate, (he paying for making the
affay thereof fuch fums of money as are herein-after dired^end to
be paid for the fame 3) and the fcrapings belonging to firch cor-
refponding numbers which fhall be fo reported ftandard, or
better, fhall be taken out of the affayer's box and be folded upj
and the name of the maker of the plate indorfed thereon, and
immediately depofited in a box to be provided for that purpofe,
(which fhall be called The Diet Box^) and which box (hall be
locked with three different locks, and the refpedive keys thereof
(hall be kept by two of the faid wardens and alTayer ; and which
faid box (hall never after be opened but in the prefence of the
faid wardens and aflayer, or any of the diet taken thereout, but
for the purpofe of trial thereof annually, as hereafter is men-
tioned; and the moiety of the fcrapings, drawings, and cuttino-s
off, which fhall be delivered to the aflayer for the purpofe of
aflaying, or fo much thereof as (liall remain after fuch procefs^
Ihall, in the prefence of the wardens, be put by the aflayer to-
gether in the affayer's box, in a part thereof to be appropriated
for that purpofe, to be difpofed of as by this a(ft is hereafter
diredted.

XIL Provided always neverthelefs, and be it enat51ed by the Provtftxi
authority aforefaid, That if any plate fo brought to be aflayed
fhall be reported to be of the flandard of eleven ounces ten-
penny weight, or better, that then the moiety of the drawinos,
fcrapings, or cuttings off from fuch plate, fliall be put in the diet
box, in a part thereof to be appropriated for that purpofe, and
not blended with the other diet, to the intent that the diet of
plate of each of the aforefaid ftandards may be feparately tried
on the annual trial of the diet herein-after direfled.

XIIL And be it further enacted by the auth.ority aforefaid, Silver/kith or
That on or before the twenty-ninth diiy of September next, plate-worker
every fllverfmith or plate-worker inhabiting in either of the ^^t entering
towns aforefaid, or within twenty miles of eidier of them, and ^h-" '"!f ^^"^^f
alfo every perfon who, at any time after the faid twenty-ninth [hltllm^lny
day of September^ fhall follow the trade of a fllverfmith or plate- neareft which
worker, before he takes upon him to exercife either of the faid ^^^ ^^^^^ refide^
trades fliall enter his nauie and his mark, and place of abode
with the wardens of that company neareft which he fliall reflde
which fhall be done by the faid wardens upon demand without
fee or reward ; and if any fuch fllverrmith or plate worker flnali
not enter his name and mark, and place of abode, as aforefaid,
or (hall reflde and carry on his faid trade in any other place than
what he has fo entered as the place of his abode, and fliall not
have entered his removal, or fliall flrike any other mark on plate
than what is fo entered, fuch fllverfmith or plate worker fo
offending fliall forfeit the fum of one hundred pounds, to be fiial) forfut
recovered and difpofed of as aforefaid, looL

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c)6 '^Anno decimo tertio GeorgiiIII. c.52. [1773.'

f/rfeiHn.'.r" >T^?^V; ^"'^ ^^ '^ f"^^^^^ ^"^^ed by the authority aforefaid,
marks o? ^^^^ '-^ ^"^ P^^^°^^ whatfoever fliall caft, forge, or counterfeit,

Itamps ufed ^^ ^^^^^^ ^^ procure to be caft, forged, or counterfeited, any mark
by the raid or Itamp ufed, or to be ufed, for marking plate, in purfuance of
companies 5 this ad, or by any maker or worker of filver plate, or any or
either of them ; or (hall caft, forge, or counterfeit, or caufe or
procure to be caft, forged, or counterfeited, any mark, ftamp, or
impreffion, in imitation of, or to refemble any mark, ftamp, or
impreftion made, or to be made, with any mark or ftamp ufed>
or to be ufed, as aforefaid, by the faid companies refpedively,
or by any maker or worker of filver plate, or any or either of
them ; or (hall mark or ftamp, or caufe or procure to be marked
or ftamped, any filver wrought plate with any mark or ftamp
which hath been or fliall be forged or counterfeited in imitation
of, or to refemble any mark or ftamp ufed, or to be ufed, as
aforefaid, by the faid companies refpedively, or by any maker
or worker of filver plate, or any or either of them ; or ftiall
or tranfpofing tranfpofe or remove, or caufe or procure to be tranfpofed or re-
on^pLcT'to ^oved,,from one piece of wrought plate to another, or to any
another, and P^^^^^ veffel, or to any vefl'el of bafe metal, any mark, ftamp, of
expohngfuch impreflion, made, or to be made, by or with any mark or ftamp
to ialcj ufed, or to be ufed, as aforefaid, by the faid companies refpec-

tively, or by any maker, or worker of filver plate, or any or
either of them ; or (hall fell, exchange, or expofe to fale, or ex-
port out of this kingdom, any filver wrought plate, or any vefl^el
of bafe metal, with any fuch forged or counterfeit mark, ftamp,
or impreflion thereon, or any mark, ftamp, or impreftion, which
hath been or ftiall be tranfpofed or removed from any other piece
or plate, knowing fuch mark, ftamp, or impreftion, ro be forged,
counterfeited, or tranfpofed, or removed, as aforefsid; or (hall
wilfully or knowingly have or be pofiefied of any mark or ftamp
which hath been, or fhall be, forged or counterfeited, in im/ita-
tion of, or to refemble any mark or ftamp ufed, or to be ufed,
as aforefaid, by the faid companies refpedively, or by any maker
(h^]\, on con- or worker of filver plate, or any or either of them ; every fuch
viclicn, be perfon offending in any, each, or either of the cafes aforefaid,
AnuT^ca^o/^ being thereof lawfully convided, (hall, by order of the court
I /years. before whom fuch offender fhall be convicted, be tranfported to

fome of his Majefty's colonies or plantations in Jme?'ica for
the term of fourteen years.
Dealers in XV. And be it further enabled by the authority aforefaid,

plated meral Xhat if any working filverfmith or dealer in wrought plate, or
to'br^ruck^^ ^"y ^^'^^^^^ or dealer in any other metal plated or covered with
thereon, to filver, (hall ftrike, or caufe to be ftruck, any letter or letters upon
forfeit icoi. any vciiel, or other thing made of metal plated or covered with
filver, ov upon any metal vefTel, or other thing made to look like
filver; fuch perfon or perfons fo offending ftiall forfeit the fum
of one hundred pounds; to be recovered and difpofed of as
aforefaid.
AOayers to XVI. And be it further enacted by the authority aforefaid,

tak^notex; Yhzt all and every filverfmith and plate-worker (hall iirft fix
ceding IS. lof j^-g

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1773-] A""o decimo tertio GeoRGII III. C 52. 97

his or their mark upon his or their plate which (hall be made ^^^^jj^' ^^^^^
^rom and after the twenty ninth day of September next, (except i^^^ ^ A^^^
fuch things which by reafon of their fmalJnefs or thinnefs are ^
not capable of receiving the touch, )'a"d (hail then bring or fend
the fame to the office where they fliall have entered their mark,
and place of abode, and the fame (hall be there afTayed accord-
ing to this ac^l; and if by the affayer it Hiall be found to be of
the (inenefs of (iandard, which for the time being is or (hall be
appointed by law for wrought plate, or better, then the fame
(hall be marked with the company's mark, in the prefence of
the wardens and c^fTayer ; and that it (hall and may be lawful to
and for the faid aflayer, or fuch other perfon as the vvardens for
the time being of each refpedilve company fhall appoint, to a(k^
demand, take, and receive, of and from all and every fuch perfon
and perfons as (hall, from time to time, bring to the a(ray o(iice
belonging to the faid compariy any piece or parcel of wrought
plate to be affayed, tried, and marked, fuch prices, fums of
money, or rewards, as they (hall think fit, fo as fuch prices^
fums of money, or rewards, do not exceed the fum of one
fhilling for every pound Troy^ and fo proportionably for every
greater or lefs quantity of plate fo a(rayed and marked.

XVII. Provided neverthelefs, That if any parcel or fingle One Ihilling
piece of wrought plate (hall be brought or fent to the faid o(hce [^o^^hVpht'^^
to be a(rayed, which, according to the rate or price herein-before ^^^^^^ j; ^^^
limhed, (hall not amount to the fum of one fhilling, then there amouat to the
fhall be paid for a(raying and marking fuch parcel or fingle limited rate*
piece of wrought plate a fum of money or reward not exceeding
one (liilling; any thing herein contained to the contrary in any-
wife notwithftanding.

XVtIL And be it further enacted by the authority aforefaid^ AfTayers not
That the affayers fo to be chofen by virtue of this a6t as afore- *^^y ^X^
faid (hall not difcover, by defcription, in words, or otherwife, to pattern, &c.
any perfon or perfons whatfoever, any pattern, defign or inven- of plate
tion, of any piece of filver plate brought, or to be brought, to brought to be
the office to be aflayed as aforefaid, or permit the fame to be aiiaye^ i
viewed or feen by any perfon whomfoever, but the wardens and
other perfons nece(rarily employed, or to be employed, in the
faid office ; and alfo (hall keep a book or books, wherein fhall be ''^^^'^^^^^^
entered the names of every owner of plate brought to be a(rayed, ^^^^^^^ ^
and the affortment of plate a(rayed, and an account of the money books j and
received for the affaying thereof, and likewife an account of the an account «f
monies arifing from the fcrapings and cuttings-otf of the faid [^r""^"^^' ^
plate fo brought to be a(rayed, when the fame Ihall be fold in ^'^" ' ^^'
manner herein-after dire6led, and alfo an account of the officers
and fervants falaries and wages, and other incidental expences
attending the carrying this ad into execution; and that every
member of each refpedive company (l-iall have free accefs to the
faid books, and to the infpedion thereof.

XIX. And be It further ena^ed by the authority aforefaid, Marks to be
That the marks belonging to each of the faid refpeaive compa- b^^^^i^^^^
nies (hall be locked up in a box with three different locks, and locks, the keys

Vol, XXX. H the ot which arc

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98 Anno decimo tertio Georgii III. c. 52. [^773.

to be kept by the refpedlive keys thereof (liall be kept by two of the wardens
two wardens ^^^^ affaycr of fuch refpedive conapany, and (hall never be taken
er^^alid\u^' thereout but in the prefence of two of the faid wardens, and af-
piatc marked fayer, for the purpofe of marking the plate which fliali have
in their pre- been affayed and reported ftandard, and which plate (ball be
fence. marked iu the prefence of two of the faid wardens and aflayer,

and the marks immediately after locked up in manner afore-
On conni- faid : and that if by connivance of the faid wardens the affayer
vance of the thall mark, or fufFer to be marked, any plate with the company's
waidcns, if jyjark, any other wife than in the prefence of the two wardens ;

d^fcover^p^at- ^^ ^^ ^^^ ^^'^^^^ ^^"^^ ^^Y P^^^^ ^^^^^ ^^^ ^^^ ^^^" ^^^V affayed and

terns. &rc, he found fiandard ; or if he (hall difcover, by defcription, in words,

fhall forfeit or otherwife, to any perfon or perfons whatfoever, any pattern,

200 1. defign, or invention, of any piece of filver plate brought to the

office to be affayed as aforefaivi ; or wittingly or willingly permit

or fuffer the fame to be viewed or feen by any perfon whomfo-

ever, but the wardens and other perfons neceflarily employed in

the faid office •, he ftiall forfeit and pay the fum of two hundred

pounds ; to be recovered and difpofed of in manner aforefaid,

and ft\all be turned out of his office, and be rendered ever after

incapable of exercifing the office of an affayer.

Scrapings and XX. And be it further ena6ted by the authority aforefaid,

cuttings to be Xhat the affayer of each refpedive company (hall, four times in

weighed four year, dulv weifrh, in the prefence of the wardens of the

times 111 every . . , -^ J ' -^n i r • i ...• cc c r^ j r-

yeas, ^^^^ company, ?A\ the Icrapings and cuttmgs-oft of hlver depofit-

ed in the affayer's box, after report thereof made as aforefaid,

and enter the true weight thereof in a book to be kept for that

purpofe ; and that when the fame is fo weighed and entered, it

Ihall and may be lawful to and for the faid wardens to fell and

dUpoit thereof, and, after entering an account of the produce

thereof in the book belonging to fuch company, containing

theu' receipts and payments for and on the account of the affay

office, pay and apply the fame for and towards fuch payments.

Diet box to XXL And be it further enacted by the authority aforefaid,

be, once ia That the diet box belonging to each of the faid companies, fhall,

evuy Yc^i',^^^^^^^^ j^ every year, be opened in the prefence of the affayer and

^Strleof ^t^e four wardens belonging to each company, and the diet

the ^ikyer therein be taken out and carefully packed up in two feparate

and the four parcels, if of different ftandards, without opening the papers

wa/defig; containing the fame, and carefully fecured and fealea with the

re(pc6ihfQ feals o( the faid wardens and affayer, and by them, in

each other's prefence, delivered to a meffenger, to be by him

ana conveyed conveyed to his Majefty's mint in the tower of Z^/^^^;/, and de-

to the mint, jivered to the mailer of the mint, or his deputy, taking a receipt

from him who (hall fo receive it for the fame, which receipt the

faid mafter, or his deputy, are hereby direded to give; and that

the meffenger conveying the fame (hall, at the time of the de-

Jivenng thereof to the faid mafter, or his deputy, make oath

before th^ faid mafter, or his deputy, (which oath the faid

maftcr, or his deputy, are hereby authorifed and directed to

adtniaifter,) that he received the box or parcel (as the cafe may

6 be)

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I773*] Anno decimo tertio Georgii III. c. 52. 99

be) from the wardens and aflayer of the company, fo fealed as
on the delivery thereof, and that the fame had not been opened
after he had fo received the fame.

XXIL And be it further ena6i:ed by the authority aforefaid, Mafterof the
That the mafter of his Majefty's mint for the time being, or ^'^^^^o prefer
his deputy, fhall, within fourteen days next after the faid diet fj^g^^^^^g ^p ^^
ihall have been fo delivered over to him as aforefaid, prefer a the treafury,
memorial to the lord high treafurer of Great Britam, or lords ^or trial of the
commiffioners of his Adajefty's treafury for the time being, re- ^^^ ^y ^t!^
queiling a time to be fixed for the trial of the faid diet by the nia"kr • "
King's aflay-mafter of his Majefty's mint before the lord high
treafurer of Great Britain^ or lords commiffioners of his Maje-
fty's treafury for the time being, or whom he or they appoint ;
and that the faid mafter of the mint, or his deputy, fhall, by
letter, to be fent by the general poft, give fuch affayer, whofe giving notice
diet is to be tried, notice of the time and place appointed fc>r ^^^^P^^ ^^^^®
fuch trial, that he may be prefent, if he thinks fit; and (hall, on pre^nu ^ ^
that day whereon the lord high treafurer of Great Britain^ or
lords commiffioners of his Majefly's treafury for the time being,
fhall appoint, and in the prefence of him or them, or of fuch per-
fons to be appointed by him or them, as aforefaid, deliver the
faid diet, fo received by him as aforefaid, unopened to his Ma-
jefty's afTay-mafter of the mint aforefaid, who, in the prefence
of the lord high treafurer of Great Britain, or lords commiffion-
ers of his Majefty's treafury, or of fuch perfons to be appointed
as aforefaid, (hall duly aifay and try the fame by the indented
pieces herein-after direded to be made, in fuch manner as by
the perfons then prefent (hall be thought neceffary, and make a
true report thereof f and if upon fuch trial the fame fhall be
found agreeable in finenefs to the faid refpedive indent trial
pieces, or better, that then his faid Majefty's affay-mafler (hall
return the faid diet to, or to the order of the wardens and affiay-
mafter of the company aforefaid, who are hereby authorifed to
fell and difpofe thereof 5 and having entered the produce thereof
in the book of accounts of the receipts and payments relative to
the afTay office from whence fuch diet (hall be fent, to pay and
apply fuch produce for and towards the neceffary expence of
fuch office.

XXIIL Provided always neverthelefs, and be it ena<5led by If the diet is
the authority aforefaid. That if, on the faid trial, the faid diet ^ot found fufr
(hall be found not agreeable in finenefs with the faid trial pieces, ^^i^^^t in fine-
according to the refpedive ftandards thereof, but worfe ; ^r ^^;^||^ ^^^^^^^^^
that then, and in fuch cafe, the affayer belonging to that com- 200 h
pany, whofe diet (hall be fo tried, fhall forfeit and pay the fum
of two hundred pounds to be recovered and difpofed of as afore-
faid, and fhall ever after be rendered incapable of a6ling as an
affayer.

XXIV. Provided alfo, and it is hereby enaded and declared. Overplus of
'^hat in cafe the faid prices, fums of money, or rewards, hereby "^^"^y arifing
given, granted, or allowed, to each company, in each of the |^ ^^^^^^P'^^^
(aid towns refpeftively, for the affaying and marking wrought offenders! ^"^
H 2 plate,

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lOO Anno decimo teitio Georgii IIL c. 52. [1773.

plate, (hall raife more money than (hal) be fufficient to defray
the neceflary expences of the faid refpedlive allay offices, then
the overplus money (if any) (hall be refpedively applied by each
company, from time to time, in the profecuting offenders agalnft
tliis ad ; and if fuch profecutions fhall not require the whole of
fuch overplus, that then the faid prices, fums of money, or re-
wards, (hall afterwards be leffened in proportion by the refpec-
tive companies aforefaid ; and they are hereby required to take
fo much lefs for the aiTaying, trying, and marking, wrought
plate, for the future, as will anfwer the purpofes aforefaid only,
without bringing any profit to any of the faid refpedive compa-
nies 'y any thing herein contained to the contrary thereof in any-
wife notwithllanding.
Two indented XX V^. And be it further ena6led by the authority aforefaid,
trial pieces to That the wardens and alTayer of each of the faid refpedtive
^u "^^^^^^ companies (hall, from time to time, as occafion (hall require,
and airayer; make, or caufe to be made, two indented trial pieces, whereof
which (hall be one ihail be of the ftandard of eleven ounces two pennyweight
tried at the of fine filver, and eighteen pennyweight of alloy in the pound
mint by the y^^ight troy^ and the other of the ftandard of eleven ounces ten
ay -ma e . p^^^j^y weight of fine filver, and ten penny weight of alloy in
the pound weight iroy -, and after the faid two trial pieces fhall
be made as aforefaid, they (hall be brought to his Majefty's
mint in the tovv^er of London^ and there be afTayed and tried by
his Majefty's affay-matler ; and when the fame fhall have been
fo allayed and tried, and found to be of the refpeftive ftandards
aforefaid, one moiety of each piece fhall be delivered back to the
afi^syer who brought the fame, and fuch moieties (hall be depo-
fited by him in his ofHce as guides for trying fuch plate as fhall
be brought to his office to be afTayed, and the other moieties
fliall remain in his Majefty's mint, in the cuftody of the mafter
and worker for the time being, thereby to try the diet direded
to be allayed by his Majefty's afTay- mafter as aforefaid.
Slims payable XX VL And it is hereby farther enaded by the authority
yeariv to the aforefaid, T'hat each of the faid refpedive companies (hall, before
mafter of bis [\^^ ^ff^y of their diet, yearly, and every year, pay to the mafter
Mcijedy-s ^^ j^-g Majefty's mint, or his deputy, for the ufe of his deputy,

and to the King's afTay-mafter, the feverai fums following ; (that
is to fay,) to- the mafter of his Majefty's mint, or his deputy,
the fum of three pounds three ftiillings,and to the King's affay-
mafter the fum of ten pounds ten fnillings by way of recompence
for the trouble and expence they will refpedively have and incur
by means of the trial of the faid diet, in manner aforefaid.
C6mr=anic£ to ZXVIL And be it further enaded by the authority aforefaid,
make byt- That it fliall and may be lawful to and for the faid refpedive
kvy^. companies, or the major part of them, and they are hereby

auUhorifed and impowered, from time to time, to make bye-
iavi's, ?ules, and orders, for the well-government and manage-
ment of rfjeir refpedive offices, and for fixing the falaries and
rewards of their refpedive officers, and for fixing the time and
a-ianrjer tor receiving in and delivering out plate brought to be

afTayed,

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1 773-] Anno decimo tcrtio Georgii III. c. 52. 10 r

aflayed, and for every other purpofe relative to the conduct or
management of fuch office, fo as fuch bye-laws, rules, and
orders, do not in any refpedt contradict this a6]:, or the l|ws of
the realm.

XXVIir, And be it further enaded by the authority afore- J^^^^^^^ ^^,
faid, That each of the wardens of the faid companies (hall after foUo^^Int^ ^
his eledion, and before he takes upon him the execution of the oath. ^
faid office, take and fubfcribe the following oath ; videlicety

1A. B. do fivear^ That I will^fo long as I continue a zvarden^^ zvell
and faithfully behave my f elf in the faid office \ and that I luill not
dif cover ^ by defcription in words or otherwife^ to any p erf on or perfons
whatfoever^ any pattern^ deftgn^ or invention^ of any piece of fiver
plate^ brought^ or to be brought^ to the office to be affayed^ or wit-
tingly or willingly permit the fame to be viewed or feen by any perfon
ivhomfoever^ but the perfons neceffarily employed^ or to be employed^ in
the affay office ; and that I will in all things coiiform to the rules laid
down for my condu5i in an a5i of parliament^ pciffed in the thirteenth
year of t^oe reign of King George the thirds [intituled^ an a6t for
appointing wardens and aflay-mafters for allaying wrought plate
in the towns of Sheffield apd Bi?'mingham.-)

So help me GOD.

which oath any juftlce of peace refiding in the county where
fuch office is eftabliflied is hereby requiied and impowered to
adminifter to fuch wardens.

XXIX. And be it further ena6led by the authority aforefaid.
That if any perfon or perfons (hall at any time hereafter
recover judgement in any court of record againft any affay-

mafter of either of the companies aforefaid, for any penalty im- Perfons reco-
pofed on him by this ad, for ncgledl or fraud in the execution venng j^'^ge-
of his office, and fuch penalty, together with the cods adjudged, ^n"ffa.Pj^a-
fliall not be paid within the time prefcribed by that court, n^^^ ard not
wherein fuch judgement (hall be obtained; that then and in being paid the
fuch cafe, it fhall and may be lawful to and for the mafter of Penalty ad-
his Majefly's mint for the time being, and he is hereby autho- ^^^f^ ^i^!^^^.
rifed and direded to affign over to fuch perfon or perfons fo fay-mafter^s
recovering fuch judgement the faid bond or obligation fo direct- bond affigned
ed to be entered into by the faid alTayer and his fureties to the to him.
mailer of his Majefty's mint, as aforefaid, in order to enable
fuch perfon or perfons to bring one or more a6iion or a^lions
thereon againft fuch aflaycr and his fureties, or either of them,
or the heirs, executors, or adminifbrators of them, or either of
them, for the recovery of fuch penalty fo recovered againft the
aiTayer, together with the cofts adjudged ; in which laft-men-
tioned adlion or adions it (liall be fufficient for the plaintiff to
prove the execution of the faid bond, and of the alTignment
thereof, and the former judgement recovered againft the affayer,
in order to intitle fuch plaintiff to judgement and execution.

XXX. Provided always neverthelefs, and it is hereby enadled If in any 3c-
by the authority aforefaid, That if in any adioii to be broudit ^^^^^ brought

1-13 ^^^ on the bond.

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102

verdifl be
given for the
defendant,
cofts (hall be
paid by the
aflignee.

Publick aa.

jpr€ amble.

Anno dccimo tertio Georgii III. c. 52^ 54; [1773:

on the fame bond, as laft aforefaid, a verdiffl fhould be given
for the defendant, or the plaintiff be nonfuited, that then the
cofts of fuch verdict or nonfuit (hall be paid by the aflignee of
fuch bond, and the mafter of his Majefty's mint be wholly
exonerated and difcharged therefrom ; any law, ufage, or ftatute,
to the contrary in any-wife notvvithftanding.

XXXI. And be it further enaded by the authority aforefaid.
That this ad (hall be deemed and taken to be a publick ad ;
and (hall be judicially taken notice of as fuch, by all judges,
jufcices, and other perfons whatfoever, without fpecially plead-
ing the fame.

CAP. LIIL

An a6l to enable the inhabitants of the pari(h of Saint Matthew Bethnal-
Green, in the county of Middlefex, to pay debts already contra(5led in
finifhing and furnishing their workhoufe, and on account of the poor of
the faid pari/h j and tor their further rehef.

CAP. LIV.

An a^ for the more effe5iual prefervation of the game in that
part of Great Britain called Scotland ; and for repealing
■ and amending feveral of the laws now in being relative
thereto.

HE RE AS the laws already made for the prefervation of

game in that part of Great Britain called Scotland are

founds by experience^ to be infufficient for that purpofe, without being

altered a7id amended), may it therefore pleafe your Maje(ly that it

may be enacted ; and be it enaded by the King's mod excellent

majefty, by and with the advice and confent of the lords fpiri-

tual and temporal, and commons, in this prefent parliament af-

fembled, and by the authority of the fame. That every perfon

who (hall wilfully take, kill, deftroy, carry, fell, buy, or have in

his or her polTefFion, or ufe any muir fowl or tarmargan, be-^

tween the tenth day of December and the twelfth day of Jvguft

in any year ; or any heath fowl, between the tenth day of De^

10, and Aug. cemher and the twentieth day of Jugujl in any year ; or any par-

z^.y^f'i^'^^^ tridge, between the firft day of February and the firft day of Sep-

ever" bird To te7nber m any year ; or any pheafant, between the firft day of

deft/oyed, 5I. February and the firft day of October in any year 5 (hall, for every

bird fo taken, killed, deftroyed, carried, fold, bought, found, or

ufed, forfeit and pay the fum of five pounds fterling : and in cafe

of not paying the fum decreed within the fpace of ten days after

convi6tioa by a final fentence, Ihal! fuffer imprifonment for two

Not to extend naonths for each five pounds fterling thereof.

to pheasants, jj^ Provided always, That nothing in this ad (hall extend

uie leafons^al- ^^ ^"7 P^^^afant or partridge which (hall be taken in the

lowed, and feafons allowed by this ad, and kept in any mew or breeding

place.

III. And be it further enacf^ed by the authority aforefaid.
That every perfun whatfoever, not qualified to kill game in Scot"
landy who (hall have in his or her cuftody, or carry, at any time

Perfons tak-
ing, kilting,
foiling^ or
buying, miir
fowl, &c. be-
tween Dec.

kept in breed
ing places.
Any perfon
not qualified
to kill game,

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lyyS'l Anno declmo tertio Georgji III. c. 54; 103

of the year, upon any pretence whatfoever, any hares, par- having game
tridges, pheafants, muir fowl, tarmargans, heath fowl, fnipes, i" hiscurtody,
or quails, without the leave or order of a perfon qualified to kill ^^ p^'J-^^f''^
game in Scotland^, for carrying fuch hares, or other game, or for qualified, to
having the fame in his or her cuftody, (liall, for the iirft offence, forieit aos.
forfeit and pay the fum of twenty (hillings flerling ; and for the for the fir ft,
fecond, and every other fubfequent offence, the fum of forty ^"^.r JffercZ
ihillings fterling : and in cafe of not paying the fum decreed ^^g^
v^ithin the fpace of ten days after convidion by affinal judge-
ment, (liall fufFer imprifonment for fix weeks for the firft offence,
and for three months for the fecond, and every other fubfequent
offence.

IV. And be it enacled by the authority aforefaid. That every Penalties for
perfon who fhall make muirburn, or fet fire to any heath or firll and lub-
muir, in that part of Great Britain called Scotland, from the [^^"^"^^pe^.
eleventh dzy 'of Jpril to the firft day of November in any year, ^^^^ making'
fhall forfeit and pay the fum of forty (Ihillings fterling for the muirburn
firft offence, five pounds fterling for the fecond oft'ence, and ten from April lu
pounds fterling for the third and every olher fubfequent offence : ^o Nov. i.
and in cafe of not paying the fum decreed within the fpace of

ten days after convidion by a final judgement, ft^all fuffer im-
prifonment for fix weeks for the firft ofifence, two months for
the fecond, and three months for the third and every other fub-
fequent offence.

V. And be it further enacled by the authority aforefaid, If any muir-
That the tenant, poffeffor, or occupier of the ground "Po^^ cova'^d with
which fuch muirburn fhall be made or difcovered within the i^n^nie^time
forbidden time aforefaid, fhall be deemed and taken to be guilty forbidden,
of the offence, and ft^all be liable to the feveral penalties afore- occupiers of
faid, unlefs fuch tenant, poffeffor, or occupier, fhall prove, to ^^^^ ^'"p^j"!^
the fatisfadion of the court before which he or (he fhall be pro- ^^j^p^ {J^^^'
fecuted, that fuch fire was communicated from fome neighbour- Oiall prove the
ing ground, or was raifed upon his or her ground by fome other contrary,
perfon not in his or her fervice or family.

VI. Provided always, and be it ena6ied by the authority Proprietors of

aforefaid, That every proprietor of high and wet muir lands, ^,^5^^"*^^ ^'"^

the heath upon which frequently cannot be burnt fo early as the cupation^may

eleventh day of Jpril^ may, when fuch lands are in his own burn heath

occupation, burn the heath upon the fame at any time between between the

the eleventh and twenty-fifih day of April in any year, without l^^'" ,^ ^5^h

incurrins; any of the penalties before mentioned ; and when ^^^i^' ^, ^, ,. ^
r « 1 1 1 1 • 1 • 'IT- c ormayaucno-

fuch lands are let, the proprietor, or his commiliioner or tac- rife their te^

tor, may, by a writing under his or their hands, authorife his nantsfotodo.
tenant or tenants in fuch lands to burn the heath thereon, at
any time between the eleventh and twenty-fifth day of Aprils in
any year, without incurring any of the penalties before men-
tioned.

VII. Provided alfo, That the writing authorifing fuch burn- Writings su-
ing, when the lands are in the occupation of a tenant, ftiall, pre- thonring te.
vious to fuch burning, be recorded in the fhcrifi^ or ftev'^^art court "^^"^j^ ^^ ^^^
books of the county or ftewartry within which the lands are, afortfaid, to

H 4 and

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104 Anno decimo terdo Georgii III. c. 54: [1773.

be recorded and which the (heriff or ftewart clerk of fuch county, or ftew-
in the (henfF artry, is hereby ordered and dire6led to do, upon receiving pay-^
court books, j^^^^ gf the fees ufually paid for recording writings.
Offences may VIII. And be it further enacted by the authority aforefaid,
be enquired" That all offences againft this a6l fhall and rnay be enquired
into and de- -j-^,.^ ^^^ determined, either by the oath or oaths of one or more
the"i*uftices ^ credible witnefs or witneiTes, or by the confelTion or oaths of
^/c. "^ ' ^he parties accufed, before' any two or more of his Majefty's
juftices of the peace, or before the (herifF, or ftewart-depute, or
fubftitutCj of the county where the offence fhall be committed,
or where the offender (liall be found ; and that all profecutions
for offences againd this adl Ihall be carried on, either at the
inffance of the iifcal of the court in which the profecution is
brought, or of any other perfon who will inform or complain,
perfons con- IX, And be it further enacted by th? authority aforefaid^
iriaed to pay Tfhat if any perfon convicled of any of the offences againft this
vvkbm'^t^n^^ ad (hall not pay the penalty or forfeiture decreed againft him or
days, or the ^^^9 within the fpace of ten days from and after a final judge-
fame may be ment of conviction, it fliall and may be lawful for the juftices
levedby of the peace, (heriff, or ftewart-depute, or fubftitute before

^Utre s, whom the information, complaint, or a6lion may have b^en

brought^ upon the application of the profecutor, to grant war-
rant for levying the penalties or forfeitures, by immediate dif-
trefs and fale of the offenders goods and moveables, together
with the cofts and charges attending the levying thereof, return-
ing the overplus, if any be, to the owner; or to grant warrant
for committing the offender to the common gaol of the county,
for the time fpecified in this ad, as fatisfacStion for the penalty
In c?AQ the or forfeiture incurred, or until payment : and in cafe a warrant
penally can- ^or levying rhe penalty by ditlrcfs and fale of the offender's
pot ^^y^^l^' goods and moveables Ihall be firft applied for and obtained,
ii!-ds, offend- ^"^^ ^^-'^^^ ^^V^ pendty or forfeiture fl^all not be recovered in cop-
ers to be com- fequence thereof, it fhall and may be lawful for the juftices of
bute4» peace, fberiff, or ftewart- depute, or fubftitute, who granted the

warrant for levying the penalty or forfeiture by diftrefs and (^le
of the offender's goods and moveables, upon its being certified
to him or them by the officer employed in executing the war-
rant, either th.n he has been able to recover no part of the
penalty or forfeiture, or that a certain part, to be certified t>y
):iim, ftill remains unrecovered, to grant warrant for committing
the offender to the common gaol of the county for the tinne
fpecified in this a(5f, as fatisfadion for the penalty or forfeiture
incurred, or until compleat payment fhall be made of the
penal|:y or forfeiture incurred and decreed.
Penalties and X. And be it farther enabled by thie authority aforefaid,
fcrfeirures That one moiety of the penalties or forfeitures to be incurred
how tg be ap- f^^ ^ny offence againft this 3(51, ihall, when recovered, be paid
P^^ to th.e profecutor, and the other moiety ihzll be applied to the

ufe of the poor of the parifh, or to the repairing of the high
roads within the parilh where the offence (hall be committed,
as the juftices of the peace, or the (heriff^* or fl:ewart-depute,"or

fub-

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1773'] ^^^^ decimo tertlo Georgii III. c. 54; 105

fubftitute, (hall diredi, before whom the offender fhall be con-
vided,

XL Provided always, and be it enabled by the authority Perfons think-
^forefald. That it fhall and may be lawful to or for any perfon ingthem-^
conceiving himfelf or herfelf aggrieved by any decree of the ^^^vesaggriev-
juflices of the peace, or fherifF, or flewart-depute, or fubftitute, neal^o^th^e''
in fuch profecutions, to complain and feek relief by appeal to next court of
the next circuit court of judiciary of the circuit wherein the j'-ifticiaryj
county is where the decree is pronounced ; or where there are and where
no circuit courts, to the court of jufticiary at Edinburgh^ by tak- ^^^^^.^^e no
ing and entering an appeal in open court, at the time of pro- comts^ to the
nouncing fuch decree, or at any time thereafter within ten days, court of juf-
by lodging the fame in the hands of the clerk of the court, and ticiary at
ferving the adverfe party with a duplicate thereof perfonally, or Edinburgh*
at his dwelling-houfe, or his procurator or agent in the caufe ;
and fuch fervice fhall be fufficient fummons to oblige the profe- ,

cutor to attend and anfwer at the next circuit court which (hall
happen to be held, at leafl: fifteen days after fervice, or at the
firfl court of jufticiary which fhall be held at Edinhurghy in the
cafe where there are no circuit courts, at leafl fifteen days after
fuch fervice ; and thereupon the judge or judges at fuch circuit
<:ourt, or in the court of jufticiary at Edinburgh^ fhall and may
proceed to cognofce, hear, and determine : and in cafe they Sentence of
Ihall find the reafons of any fuch appeal not relevant, or not faid court to
inftruded, or fhall determine againft the party appealing, the ^^ ^"^^*
judge or judges ihall condemn the appellant in fuch cofts of fult
as ihall appear to be juft and reafonable, and the decree fo pro-
nounced fhall be final and conclufive to the parties.

XII. Provided alfo, and be it enaded by the authority afore- Perfons ap-
faid, That when an appeal is taken, the appellant, at the time pealmg to
of entering his or her appeal, (hall lodge with the clerk of the i^tige a bond
court from which the appeal is taken a bond, with a fufHcient ^"^^ the clerk
cautioner, for paying the fum or fums contained in the decree payhi^J'the^
appealed againft, !o far as aflifmed and approved of by the judge- fums appeal-
ment upon the appeal, and for paying the cofts of fuit, if any ed againll,
iftiall be awarded ; and the clerk of court ftiall be anfwerable for ^^^ ^"^^ ^^^^'
the fufficiency of fuch cautioner. ' '^*

XIII. Provided likewife, and be it enaded by the authority d?fficutty be"^
aforefaid. That in cafe any circuit court fhall, on hearing any fore the cir-
fuch appeal, find any fuch difficulty to anfe, that by means ^"^^ court,
thereof fuch circuit court cannot proceed to the determination ^^- ?^^ P^^-
of the fame, confiftently, with juftice and the nature of the cafe ; diereupon

in any fuch cafe, and not otherwife, it fhall and may be lawful may be laid
X.0 and for fuch circuit court to certify fuch appeal, together .'^^^pi'e the
with the reafons of fuch difficulty, and the proceedings there- i^^^^^^^^'^'y
upon had before fuch circuit court, to the court of jufticiary at Edinburgh
Edinburgh^ which is hereby authorifed and required to proceed and be there
m and determine the fame. finally deter-

XIV. Provided always. That no penalty or forfeiture in this "^^"^^•
a6l"fhall be recovered, unlefs the profecution for recovering ^^.^^^^^^'^^ ^^
thereof fliall be commenced within fix months after the offence ^ ^°"^'
committed,

XV. And

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io6 Anno dedmo tertio Georgii III. c. 55. [17731

No perfon li- XV. Provided alfo, That no perfon (hall be liable to any of
Me for fuch the penalties or forfeitures hereby enaded, except for fuch of-
afterjune 24, ^^^^^ ^^ ^^^^ ^^ committed after the twenty-fourth day of June,

one thoufand feven hundred and feventy-three.
A6l24.Geo. 2. XVI. And be it further enadled by the authority aforefaid.
That from and after the paffing of this prefent a6t, an a6t,
paffed in the twenty fourth year of his late majefty King George
the Second, intituled. An aB for the better prefervation of the
Aci z Geo. 3. game in that part ^/ Great Britain called Scotland ; and an adl,
paffed in the third year of his prefent Majefty, intituled, An a5l
for the better prefervation of the game in that part ^/ Great Britain
called Scotland \ and for repealing part of an a5i^ pofjed in the twen-
ty fourth year of his late Majefiy^ For the better prefervation of
andaa6Geo. the game in that part of Great Britain called Scotland^ and fo
3. repealed. much of an ac% paffed in the fixth year of his prefent Majefty,
intituled, An o5i to extend an aB^ made in the fourth year of the
reign of King George the Firji^ intituled^ An a6l for the further
preventing robbery, burglary, and other felonies ; and for the
more effectual tranfportation of felons, and unlawful exporters
of wool ; and for declaring the law, upon feme points relative
to pirates, to that part of Great Britain called Scotlafid^ fo far as
the ad relates to the more effectual tranfportation of felons ;
and for amending and rendering more effedual the laws for
reftraining muirburn in forbidden time, in that part of the
united kingdom as limits the time for making muirburn ; (hall
be, and are hereby declared to be repealed.

C A P. LV.

jin ci5i to explain and amend the fever al laws now in hemg^
fo far as the fame relate to the prefervation of the Moor
or Hill Game,

Pj-eamble. "TTTHER E AS the laws nozu in beings relative to the preferva-

V V iion of the moor or hill game^ have been found very infufficient

to anfwer the purpofe for which they were intended : and whereas

fome further regulations are become abfolutcly neceffary to prevent the

total defruBion of that fpecies of gafne : may it pleafe your

Majefty that it may be enadled ; and be it ena6ted by the

After 24 Jane King's moft excellent majefty, by and with the advice and con-

2773, no per- fent of the lords fpiritual and tempera), and commons, in this

foQ wilfully to prefent parliament affembled, and by the authority of the fame,

kill, &c. Black ^|-jaf^ from and after the twenty-fourth day oijune^ one thou-

twecnbec.io. ^^^^ feven hundred and feventy-three, no perfon or perfons

and Aug. 20 5 ftiall, upon any pretence whatfoever, wilfully take, kill, deftroy,

nor Red carry, fell, buy, or have, in his, her, or their poffeffion or ufe.

Game, be- ^^^ heath fowl, commonly called Black Game^ between the tenth

10 and Aug. ^'^Y ^^ December and the twentieth day oi Auguf^ in any year ;

,2,} nor any groufe, commonly called Red Game^ between the tenth

nor any bu- day of December and the twelfth day of Augufl^ in any year ; nor

il:ard,beteen gpy buftard, between the firft day of March and the firft day of

^ IL And

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1773-1 Anno decimo tertio GeoRGII III. c.55. 107

II And be it further enaded by the authority aforefald, Penalty on
Tha't from and after the faid twenty-fourth day of June, \i ^ny P^;^^-^^^^^^^^
perfon or perfons fliall, in any of the cafes aforelaid, oifend, con- ^^^^^ ^| ^^^^
trary to the true intent and oieaning of this ad, every fuch per- ^^^

fon (hall, upon due conviaion, for the firft offence, forfeit and
pay any fam or fums of money not exceeding twenty pounds,
nor lefs than ten pounds; and for the fecond and every fuble-
quent offence, any fum or fums of money not exceeding thirty
pounds, nor lefs than twenty pounds ; to be levied and recover-
ed in manner as herein is after mentioned. ^

III And be it further enaded. That all fuch forfeitures Forfeitures
and penalties, fo to be incurred as aforefaid, (hall and may be ^"^ P^"^^^^^^^^
recovered by adion of debt, bill, plaint, or information, in any ^^^Y^ .^ ^^^'
of his Majefty's courts of record at Wejiminfer, or great leliions court of re-
in JVales, wherein no efToin, protedion, nor wager of law, nor cord at Weft-
more than one imparlance, (hail be allowed: provided fuch mmfterj
adion be brought within fix calendar months after the matter

- or thing done, for which the fame (hall be commenced or ex-

IV. A-nd be it further enaded, That it (hall and may be And by infor-
lawful for any perfon whatfoever, (except the perfon liable to "^^^J^^^^^^^^^
pay any fuch forfeitures or penalties,) to proceed to recover any ^^^\^^^^^^
of the aforefaid forfeitures and penalties, by informanon and ^c.
conviaion, before any juftice or juftices of the peace of any
county, city, corporation, divifion, riding, precind, or liberty,
. wherein the offence (hall happen ; and fuch juflice, or juftices
are hereby authorifed and impowered, upon due proof made
upon oath by one or more credible witnefs or witnefTes, or by
the confeffion of the party accufed, to caufe the faid forfeiture
to be forthwith paid ; and, in cafe of negled or refufal, to levy whomaygrant
the fame by diftrefs and fale of the offender's goods and chattels, warrant to^^
by warrant under his or their, hand and feal, or hands and feals, ^^•fl-j.^fg.
together with all cofts and charges attending the fame, return-
ing the overplus, if any, to the owner ; and every fuch forfei-
ture, v\hen paid or recovered, (hall be applied, one moiety to
the informer, and the other moiety to the poor of the parifh
where fuch offence fhall have been committed ; and it (hall and
may be lawful for fuch juflice or juftices to order fuch offender
to be detained in fafe cuftody until return may be conveniently
had and made to fuch warrant of diftrefs, unlefs the party fo
conviaed fliall give fufEcient fecurity, to the fatisfaaion of fuch
juftice or juftices, for his appearance before him or them, on the
day appointed for the return of the warrant of diftrefs, fuch day
not exceeding five days from the time of taking fuch fecurity j
which fecurity the faid juftice or juftices is and are hereby im-
powered to take by way of recognizance, or other vyife: and in
cafe no fufficient diftrefs can be had, fuch juftice or juftices ftiall
commit fuch offender to the common gaol, or houfe of correc-
tion, there to be kept to hard labour for any time not exceeding
fix, nor lefs than three, calendar months, unlefs the money for-
feited, and all cofts and charges attending the profecution, (hall
be fooner paid and difcharged,

V. And

Hosted by Google

io8

No perfon to
be doubly
profecuted.

Form of con -
vi<5tion.

Clerk to caiife
a copy of the
cor>vi(Stion to
be delivered
on payment
ot J s.

Juftices may
adminiller an
oati).

No perfon to
be proceeded
againlt for of-
fences unlefs
information h
made.

Anno decimo tertio Georgii III. c. 55. [1773.

V. Provided always, and be it further enafted. That no
offender againft the provifions of this a6t fhall be profecuted for
the fame offence both by adlion of law and by information be-
fore a juftice of the peace ; but, in cafe of any fecond profecu-
tion, the perfon fo doubly profecuted may plead in his defence,
the former profecution pending, or the convidion or judgement
thereupon had.

VJ. And, for the more eafy convidion of offenders againft
this a6l, be it further enaded. That the form of the conviction
fliall be drawn up in the following, or like form of words 5

BE it remembired^ Thai^ 071 the day of

in the year of our lord A. B.

having appeared before me^ or us^ one or more of

his Majejlf $ juftices of the peace (as the cafe may be)/^r the county
of and due proof having been made^ upon oath^ by

one or more credible witnefs or witnefes^ or by confefion of the party ^
(as the cafe may be,) /; conviSied ^/(fpecifying the offence, with
the time and place where the fame was committed, and alfo
fpecifying, if known, that it is the firft, fecond, or any fubfe-
quent offence againff this a6t, as the cafe Ihall be.) Given under
my hand and feal^ or our hands and feals^ the day and year aforefaid,

which convidion the faid juftice or juftices ftiall caufe to be
wrote fairly upon parchment, and returned to the next general
quarter felTion of the peace for the county v^here fuch convic-
tion was made, to be filed by the clerk oF the peace, and remain
and be kept among the records of the county, riding, divifion,
or place.

VII. Provided always, and be it further enaded. That it
ftiall and may be lawful for any citrk of the peace for any
county, riding, or place, and he is hereby required, upon appli-
cation made to him by any perfon or perfons for that purpofe,
to caufe a copy or copies of any conviction or convi6fions, filed
by him under the diredions of this a6f , to be forthwith delivered
to fuch perfon or perfons, upon payment of one fhilling for every
fuch copy.

VIIL And be it further enacted, That it fhall and may be
lawful for any fuch juftice or juftices of tiie peace, as aforefaid,
to adminifter an oath to any witnefs or witneffes, or other per-
fon or perfons, for the better difcovery and execution of the
feveral matters and things herein-before dire6ted to be examined
into, or performed, by fuch juftice or juftices refpedively.

IX. Provided always, and be it further enacted, 71iat no
perfon fhall be proceeded againft for any of the offences afore-
faid, by information before a juftice of the peace, unlefs fuch
information (liall be made upon oath before fome juftice of the
peace for the county or place wherein fuch offence fliall be com-

mitted.

in three calendar months after fuch offence fhall

have been committed,

X. And be it further enaded by the authority aforefaid.

That

Hosted by Google

I773-] Anno decimo tertio Georgii III. c. 55. 109

That if any perfon (hall think himfelf or herfelf aggrieved, by Perfons ag-
any thing done in purfuance of this ad, by any juftice or juftices f '^^'J^f ^.^^^^^^^
of the peace, as aforefaid, every fuch perfon may appeal to the q^^j-ter-fef-
juftices of the peace at any general quarter fefiions of the peace-iionsj
to be held for the county, riding, city, corporation, precinct, ojr
liberty, wherein the caufe of fuch complaint (hall arife, and
within four calendar months after the caufe of fuch complaint
Ihall have arifen, fuch appellant giving, or caufing to be given,
fourteen days notice at the leaft, in writing, of his or her inten-
tion to bring fuch appeal, and of the matter thereof, to the
juftice ; and every other perfon or perfons, againft whom fuch
complaint (hall be made, and within four days after ft^ch notice,
entering into a recognizance before fome juftice of the peace for
4 the faid county, riding, divifion, city, corporation, precin61:, or
I liberty, with one fufficient furety, conditioned to try fuch appeal
" at, and abide the order of, and pay fuch cofts, as fhall be

awarded by the juftices at fuch quarter feflions ; and every fuch
juftice, and other perfon, having received notice of fuch appeal,
fhall return all proceedings had before them, touching the
matter of fuch appeal, to the faid juftices, at fuch quarter feffions,
on pain of forfeiting five pounds for every fuch negledl ; and whofe deter-^
the faid juftices, upon due proof of the notice given, and of the I^^^^^^?^ ^^'^^
entering into fuch recognizance, as aforefaid, ftiall hear, and
finally determine, the caufes and matters of fuch appeal, in a
fummary way, and award fuch cofts to the parties appealing or
appealed againft, as they fhall think proper; to be levied and
recovered as herein-before direded for the recovery of forfeitures
and penalties under this a6V, and the determination of fuch
quarter fellions, (hall be final and conclufive to all intents and
purpofes ; and no proceedings to be had or taken in purfuance
of this a6l ftiall be quaftied or vacated for want of form, or
removed by Certiorari^ or any other writ or procefs whatfoever,
except as herein-before mentioned, into any of his Majefty's
courts of record at Pf/ejiminjkr^ any law or ftatute to the con-
trary notwithftanding.

XL And be it further enaded, That nothing in this Not to extend
a<5t contained ftiall extend to that part Great Britain called to Scotland.
Scot la fid.

XIL And be it further ena6led. That if any aclion, fu it, Limitation of
or information, ftiall be commenced or profecuted againft any aftions.
perfon or perfons for any thing which fhall be done in purfuance
of this ad, or in execution of any of the powers or authorities
hereby given, every fuch a6lion, fuit, or information, ftiall be
commenced or profecuted within the fpace of fix calendar
months next after the fa6l committed, and ftiall be laid or
brought in the county, riding, divifion, or place, where the
matter (hall arife, and not elfewhere ; and the defendant or de-
fendants, in every fuch adion, fuit, or information, ftiall and
may, at his or their eledion, plead fpecially, or the general iflue, General ilTue,
and give this ad, and the fpecial matter, in evidence ; and if a
verdid ftiall be given for the defendant j or if the phintift^ or

plain-
Hosted by Google

Preamble.

110 Anno decimo tertio Georgii III. c. 56. [1773,

plaintiffs fliall be nonfuited, or difcontinue his, her, or their
adion, fuit, or information, after the defendant or defendants
fhall have appeared ; or if, upon demurrer, judgement (hall be
given againfl: the plaintiff or plaintiffs ; then the defendant or

Treble cofts. defendants (hall recover treble cofts, and have fuch remedy for
the fame as any defendant or defendants hath or have in other
cafes by law.

Pablickaa. XIIL And be it ena6led by the authority aforefaid, That
fo much of an a6l, pafTed in the fecond year of his prefent Ma-
je(^y's reign, intituled, An a5t for the better prefervation of the
game in that part of Great Britain called England, as relates to
heath fowl, commonly called Black Game^ or grouie, eommonly
called Red Game^ (hall be, and is hereby repealed,

CAP. LVI.

An a£l for the more effectually rejlraining the retailing of
dijlilled fprttuous liquors ; and for preventing the forging
cr counterfeiting any fiamp or feal ufed for marking ftlks^
callicoes^ linens^ and fluffs^ to he printed^ painted ^ Jlained^
cr dyedy in Great Britain.

WHEREAS the laws heretofore made to prevent the immode^
rate drinking of fpirituous liquors^ have^ by reafon of the
fmallnefs of the penalties by thofe a5is impofed^ been rendered in a
great meafure ineffectual^ and ill-difpofed perfons are thereby encou-
raged to retail fuch liquors^ without being firft author if ed and licenfed
thereto^ whereby his Majefly is not only defrauded of his duties^ but
vi£luallers and others^ who duly take out and pay for fuch licences y are
greatly injured : for remedy whereof be it enaded by the King's
moft excellent majefl:y, 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
if at any time from and after the fifth day of July^ one thoufand
feven hundred and feventy-three, any perfon or perfons (hall
prefume by him, her, or themfelves, or by any other perfon or
perfons whatfoever employed by him, her, or them, or for his,
her, or their benefit, to retail any diftilled fpirituous liquors, or
ftrong waters, without firft taking out a licence for that purpofe,
in manner as by the feveral ftatutes in that cafe made and pro-
vided, and now in force is prefcribed and diredled, he, fhe, or
they, fo offending, fhall refpedively forfeit and lofe the fum of
fifty pounds for each offence.

If. Provided always, That fuch offender who (hall be profe-
cuted for the penalty by this acSt given, (hall not be again profe-
cuted for the fame offence by any former a6t, and that fuch
offender as (hall be profecuted for the penalty given by any
former a6t, fhall not be profecuted again for the fame offence,
by virtue of this prefent adl, or any thing herein contained.

IIL And be it further enadfed by the authority aforefaid.
That the penalty by this a6t impofed, (hall and may be fued
for, levied, recovered, and mitigated, by aay law of exoife now

ia

Hosted by Google

After July 5,
1773, if any
perlon (hall
retail fpiritu-
ous liquors,
Itrong wa-
ters, <S:c.
without a li-
cence,

they (hail for-
feit, for every
offence 50 1.
If the offender
fhall be once
profecuted for
the penalty,
he (hall not be
again profe-
cuted for the
lame offence,
PenaUiestobe
futrd, profe-
cn^ed, and re-
covered by

1 773.] Anno decin^o tertio GeoRGII III. €.56- 1 1 r

in force, or by a£tion of debt, bill, plaint, or information, in any any law of
of his Majefty's courts of record at Wejimlnfter ; and that oqe ^^^ife now m
moiety of every fuch penalty or forfeiture (hall be to his Majefty, one^j^oiety
his heirs and fucceflbrs, and the other moiety to him, her, or to go to his
them, as ihall fue for the fame. ' Pv^ajefty,

IV. Provided always, That the faid penalty of fifty pounds, a«d the other
by this aa impofed, ihall not in any cafe, either by the com- ^^^^ Lafl fue
miflioners of excife or jaftices of the peace, before whom any for the fame,
offender againft this prefent a6l fhail be convided, be mitigated The penalty
or reduced below the fum of five pounds. of 50 1. not to

V. And whereas by an a5l pajfecl in the tenth year of the reign of^^ mitigated
her late majejly ^een Anne, (intituled^ An a6l for laying feveral ^^?^ ^h
duties upon all fope and paper made in Great Britain^ or im- lo/innae.
ported into the fame y and upon chequered and fi:riped linens
imported ; and upon certain filks, callicoes, linens, and fluffs,

printed, painted, or ftained ; and upon feveral kinds of ftamped
vellum, parchment, and paper ; and upon certain printed papers,
pamphlets, and advertifements, for raifing the fum of one
million eight hundred thoufand pounds, by way of a lottery,
towards her Majefty's fupply ; and for licenfing an additional
number of hackney chairs ; and for charging certain flocks of
cards and dice ; and for better fecuring her Majefty's duties to
arife in the office for the ftamp duties by licences for marriages
and otherwife ; and for relief of perfons who have not claimed
their lottery tickets in due time, or have loft exchequer bills, or
lottery tickets ; and for borrowing money upon ftock (part of
the capital of the South Sea Company^ for the ufe of the publick ;)
it is^ amongft other things^ enaofed^ That there Jhould be raifedy
levied^ collected, and paid^ to and for the ufe of her Majefiy^ her heirs
cndfucceffoYS^ for and upon all filks^ callicoes^ linens^ and Jiuff's^ of
what kind foever^ which at any time or times ivithin or during the
term of thirty -two years ^ to be reckoned from the twentieth day of
June, one thoufand feven hundred and twelve ^ fhould be print edy
jlained^ painted^ or dyed^ in Great Britain, (fuch callicoes^ linens^
and fujiians^ as jhould be dyed throughout of one colour only^ andftuffs
made of woollen^ or whereof the greatefl part in value fiould he wool-
leny always except ed^) the feveral and refpe^ive rates and duties
therein expreffed : "and whereas ^^ by an a5ly pajfed in the third year of^^ q^q ^^
the nign of his late majejly King George the Firji^ (intituled^ An
a6l for redeeming the duties and revenues which were fettled
to pay off principal and intereft on the orders made forth on
four lottery ads, pafled in the ninth and tenth years of her late
Majefty's reign ; and for redeeming certain annuities payable on
orders out of the hereditary excife, according to a former a6l in
that behalf; and for eftablifhing a general yearly fund, not only
for the future payment of annuities at feveral rates, to be pay-
able and transferrable at the bank of England^ and redeemable
by parliament, butalfo to raife monies for fuch proprietors of
the faid orders as ftiall chufe to be paid their principal and ar-
rears of intereft in ready money ; and for making good fuch
other deficiencies and payments as in this ^6t are mentioned ;

and

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112 Anno decimo tertio Georgii III. c. 56. ti773«'

and for taking off the duties on linfeed iinported, and Britijh
linen exported 3) the /aid fever al rates and duties^ and the powers^
authorities^ penalties^ and forfeitures^ for fe curing the fame ^ are made
Aft 12 AnnK. perpetual : and tvhereas by an a5l of parliament^ made in the tiuelfth
year of the reign of her late majejly ^een Anne, (intituled^ An a6t
for laying additional duties on fope and paper, and upon certain
linens, fiiks, callicoes, and fluffs ; and upon flarch and exported
coaJs ; and upon flamped vellum, parchment, and paper, for
railing one million four hundred thoufand pounds, by way of a
lottery, for her Majefly's fuppW ; and for allowances on export-
ing made wares of leather, (heep-fkins, and lamb-fkins ; and for
diftribution of four thoufand pounds due to the ofBcers and fea-
men for gun money ; and to adjuft the property of tickets in
former lotteries; and touching certain fhares of flock in the
capital of the South Sea Company -^y and for appropriating the
monies granted to her Majefly -,) it is^ amongft other things^ ena^-
ed^ That there JJ)ould be raifed^ levied^ colle^fed^ andpaid^ to and for
the ufe of her Majefy^ her heirs and fuccefforsffor and upon all filkSy
callicoes y linens^ and fluffs^ of what kind foever^ which at any time or
times within or during the term of thirty-two years^ to be reckoned
from the fecond day ^/ Auguft, one th ouj and f even hundred and four-
teen^ fhould be printed^ jlained^ painted^ or dyed^ in Great Britain,
(fuch callicoes^ linens^ and fuflians^ as {l)all be dyed throughout of one
colour onlyy and Jluffs made of ivoollen^ or whereof the greatefl part
. in value J}) all be woollen^ always e>:cepted^) the fever al and refpe5live
rates and duties therein expreffed : and tvhereas^ by an a5l of parlia-
Aa 6 Geo. I. ment made in thefixth year^ of the reign of his faid late majejly King
George the Firjiy {intituled^ An a6l for enabling the South Sea
Company to increafe their prefent capital flock and fund, by re-
deeming fuch publick debts and incumbrances as are therein
mentioned; and for railing money to be applied for leflening
feveral of the publick debts and incumbrances ; and for calling
in the prefent exchequer bills remaining uncancelled ; and for
making forth new bills in lieu thereof, to be circulated and ex-
chanoed, upon demand, at or near the exchequer;) the faid fe-
veral rates and duties^ and the powers^ authorities^ penalties^ afid
forfeitures^ for feciiring the fame^ are made perpetual : and whereas^
for the better fecuring the faid rates and duties^ it was by the faid a^i
of the tenth of §jeen Anne ena^ud^ That the commiffioners to be ap-
pointed for managing the faid duties fhould^ at a time therein men-
tioned^ provide proper fcals or Jiamps for^ marking fuch of the faid
filks^ callicoes^ linens^ and fluffs^ to be printed^ painted^ Jlained^ or
dyed in Great Britain, during the continuance of the faid a5l'y zvhich
faid Jiamps^ or any of them fhould or might be altered or renewed from,
time to limey as her Majejly ^ her heirs or fucceffors^ fhould think fit :
and it ivas thereby further enabled ^ That if any p erf on or perfons
%uhatfoever f)ouU^ at any time or times thereafter ^ counterfeit or forge
any fl amp or feal^ to rcfernble any Jl amp or feal which fjould be pro-
vided or made in purfuance of that a^^ or flmdd counterfeit or
refemble the imprcffion of the fame upon any of the faid commodities
chargeable by that atl^ thereby to defraud her Majefly^ her heirs

or

Hosted by Google

i773-J Anno decimb tertib Georgii III. c.57. 113

or fuccejfors^ of any of the duties thereby granted \ then every fuch

perfonfo offending^ being thereof convidied in due form of Lw^Jhould

be adjudged a feion^ and fiould fiffer death as in cafes of felony^ with^

out benefit of clergy : and iv here as feme doubts have arfen^ whether

perfons coujiterfeiting or forging any fiamp or feal^ to refemble any

famp or feal renewed or altered by the commijfioners of excife^ in pur^

fuance of the authority of the faid a5l of the tivelfth year of ^een

Anne, or counterfeiting or refembling the imprejfion of fuch renewed

or altered fl amp or feal ^ are fuhjeB to the penalties and pains of death

in the faid a5is ena^ed and declared ; and evil-minded perfons have

thereby been encouraged to counterfeit fuch renewed and altered ftamps

andfeals : now^ for obviating all fuch doubts^ be it enaded by the

authority aforefaid. That from and after the fifrh day of July^ After July 5,

one thoufand feven hundred and feventy- three, if any perfon or ^773) pe/jons

perfons whatfoever (hall, at any time or times hereafter, coun- [taimpror^^^^^

terfeit or forge any ftamp or feal already provided by the faid feals, to be

commifTioners, or which (hall hereafter be by them provided, puni/hed as

renewed, or altered, or fhall counterfeit or refemble the impref- felons, ^uh-^

fion of the fame, upon any of the faid commodities chargeable ^.^^ ^^^^

by the faid ads, thereby to defraud his Majefty^ his heirs or

fucceffors, of any of the faid duties thereby granted ; then every

fuch perfon fo offending, being thereof convided in due form

of law, (liall be adjudged a felon, and (hall fuifer death, as ia

cafes of felony, without benefit of clergy^i

CAP. LVII.

An a5i to explain and amend an a5f^ made in the fourth year
of his prefent Majefiy^ intituled^ An acl to prevent paper
bills of credit, hereafter to be ilTued in any of his Ma-
jefty's colonies or plantations in America^ from being
declared to be a legal tender in payments of money,
and to prevent the legal tender of fuch bills as are now
fubfifting from being prolonged beyond the periods
limited for calling in and fmking the fame.

WHEREAS by an a5l^ paffed in the fourth year of his pre- Preamble^
fent Majejifs reign^ [intituled^ An adl to prevent paper
bills of credit, hereafter to be ilTued in any of his Maje(l:y's
colonies or plantations in America^ from being declared to be a
legal tender in payments of money, and to prevent the legal
tender of fuch bills as are now fubfifting from being prolonged
beyond the periods limited for calling in and fmking the fame,)
it is enabled y That from and after the firji day of September, one
thoufand f even hundred and fixty- four ^ no a5i^ order^ refolution^ or
vote of affembly^ in any of his Majeftys colonics or plantations in
hmtx\C2L^ Jhall be made for creafuig or iffuing any paper bilh^ or bills
of credit^ of any kind or denomination whatfoever^ declaring fuch paper
bills or bills of credit to be legal tender in payments of any bargains^
contrail s^ dehts^ dues^ or demands whatfoever ; and that every claufe
and provifion which fl^ould thereafter he infer ted in . any acl, order ^
Vol, XXX. ' I ' refa.

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i H ,Anno decimo tertio Georgii III. (5. 5S. (lyyfi

refoktion^ or vote of qfembfy, contrary to the /aid Q5i^ Jhall be null
and void : and ivhereas the luant of gold and fiver currency in fever al
of his^ Majeffs colonies and plantations in America rnay make it
ncceffary^ as -well for the public k advantage as in ju/iice to thofe per-
fons who may have demands upon the publick treafuries in the faid
colonies for fervices performed^ that fuch publick creditors fhoiild be
fecured in the payment of their juft debts and demands y by certificates^
notesy bills, or^ debentures^ to be created and iffued by the authority of
the general ajmblies within the faid colonies^ on the fecurities of any
taxes or duties given and granted to his Majefty by the faid general
affemblies, for and Howards defraying espences incurred for publick
fervices-, and that fuch certificates ^ notes ^ bills, or debentures, fhould
be made chargeable on the publick treafurers of the faid colonies, and
received and taken by them as a legal tender in difiharge of any fuch
{hales or ta^ces, or of any debts whatfoever, due to the publick treafu-
ries of the faid colonies, in virtue of laws paffed in the faid colonies :
and whereas doubts have arifen, whether, under the faid recited
Jlatute, fuch provifion as aforefaid can lawfully be made ; may it
therefore pleafe your moll: excellent Majefty that it may be
enaded ; and be it ena6ted 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 afiembled.
After Sept-. T, and by the authority of the fame. That, from and after the
i-73,Leit]h- f^j-j^ ^:i^y o{ September, one thoufand feven hundred and feventy*
b.i]s/&c. ' three, any certihcates, notes, bills, or debentures, which fhall
v.bich may be ov may be voluntarily accepted by the creditors of the publick
accepted hy within any of the colonies in America, as a fecurity for the pay-
^'^^^I'u'^nciJ ^^^"^ ^^ "^'hdX is due and owing to the faid publick creditors,
iirAnierica ^^■'^Y ^^ niade and enaded by the feveral general aftemblies of
as a iccuiity, the faid colonies refpe6lively to be a legal tender to the publick
may be enacl- treafurers in the faid coloniies for the difcharge of any duties^
"^/^ ^a ^■^^' ^^^^^^ ^^ other debts whatfoever, due to, and payable at, or in
ga ten et. ^j^^ j'^|^| p^^|j^|^ treafuries of the faid colonies, in virtue of laws
palled within the fame, and in no other cafe whatfoever ; any
thing in the aforefaid recited ftatute in the fourth year of his
pre fent Majefty to the contrary thereof in any- wife notwith*
iiandinp;.
Not to eyfeni IL Provided always, That nothirig in this ad fhall extend to
to alter act ajter or repeal an ad, pafted in the twenty-fourth year of the
24. Geo 2. reign of his late majefty King George the Second, (intituled, Jn
a5f to regulate a?id reflrain paper bills of credit in his Majefiy s colonies
cr plantations (?/ Rhode liland and Providence Plantations, Con-
iiedicur, The Maffachufets Bay, and New Hampftiire, ///Ame-
rica, and to prevent the fame being legal iendeVs in payments of
money. )

CAP. LVllI.

j^n aS for providing clergymen to officiate in gaols within that
part of Great Britain called England.

H E R E A S there is no provifion made by law for the ap->
point nunt of proper minijlers to officiate in the feveral county

gaols

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W

i^73-l Anno decimo tertio Georgii III. c. 58. 1 15

gaols within that part ^/ Great Britain f^///?i England,^ and the
principality of W^lts: and whereas the appointment of vnnifters to
fuch gaols, with a proper falary, for the due execution of their duty
as clergymen^ would alleviate the difirefs of the perfons under confine-
ment, and would greatly contribute to the purpofes of morality and
religion: may it therefore pleafe yourMajefty that it may be enad-
ed, and be it enaclied by theKing's moft excellent majefty, by and
with the advice and confent of thelords fpiritual and temporal, and
commons, in this prefent parliament alTembled, and by the autho-
rity of the fame. That it (hall and may be lawful to and for the
juftices of the peace, or the major part of them, aflembled at
the quarter felTions held for any county, riding, or divifion,
within that part oi Great Britain C2i\\td England, and the prin-
cipality of Wales, and they are hereby authorifed and impower- j^ftlces to af-
ed to fettle and afcertain how many clergymen fhall, by them, certain how
be deemed necefiary to be employed in performing religious du- many clergy-
ties, according to the rites of the church of England, in the fe- ^^^^\^^-^^^
veral gaols within their refpedive jurifdiclions, and to fettle and gaois^^nd*^
afcertain what duty fliall be performed, and what falary fhall be whatValary
^aid to every fuch clergyman, not exceeding fifty pounds, year- Hiall be paid
ly, and every yean ^'^^"^•

II. And be'it further enadled. That the treafurers of fuch Treafurers of
counties, ridings, or divifions, receiving a certificate, figned by counties to
the chairman of fuch quarter feifions, of the number of fuch P^^ of^^i^^"^*
clergymen, and the falary to be refpedively paid to them, fliall ^^^q^^

pay out of the rates of fuch county, riding, or divifion, the fe-
veral fums in the faid certificate mentioned j and the faid feve-
ral fums fo paid in purfuance of this a-il, fhall be allowed to
the faid treafurers by the juftices before whom their accounts
fhall be pafled,

III. And be it further ena6led. That when the number of Juftices to no-
fuch clergymeji, and the falary to be refpedively paid to them, mmate cler-
ihall have been fettled and afcertained by fuch jufiices, it fliall f^^/eVuTpo-''
and may be lawful to and for juftices of the peace at the quar- (esj and, in
ter feflions, and they are hereby authorifed and impowered, to cafe of death,
nominate and appoint, in every county, riding, or divifion, ^c- ^o nomi.
where the juftices fliall have fo fettled and afcertained the num- *^^^^ others,
ber of the clergymen, and the falary to be paid to them, as be-
fore mentioned, fo many clergymen to officiate and perform di-
vine fervice, according to the rites of the church of England^ in

the feveral gaols within fuch county, riding, or divifion, as fliall
have been fo fettled and afcertained by fuch juftices ; and in
cafe any fuch clergyman or clergymen fliall die, or fliall be
thought unworthy, by fuch juftices, at the quarter feflions, to
be continued in fuch oflice, then it fliall and may be lawful
for fuch juftices, at the quarter feflions, to nominate and ap-
point, from time to time^ as occafion fliall require, any other
clergyman to officiate in the room of fuch clergyman fo dyings
or fo deemwi to be unworthy to continue any longer in fuch
office.

1% CAP.

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ii<5 Anno decimo tertip GeoRGII IIL C.59_. [1773;

CAP. LIX.

An a 51 for repealiyig fo much of an a£l of the thirty -fir Ji year
of his late Majefly^ as inflWs capital punijhmeitt for frauds
and abufes in the marking or ftamping of gold or filver
plate \ and for infii^ling another punifhment for the faid
offence.
Preamble. XXT H E R E A S ^^^ j claufe in an aSt of parliament^ made in the
A6t 31 Geo 2. ^^ thirty- firji year of the reign of his late majejiy King George
the Second^ (intituled^ An a6l for repealing the duty granted by
an ad, made in the fixth year of the reign of his late Majefty,
on filver plate, made, wrought, touched, aflayed, or marked,
m Great Britain], and for granting a duty on licences to be
taken out by all perfons dealing in gold or filver plate; and for
difcontinuing all drawbacks upon filver plate exported; and for
more effectually preventing frauds and abufes in the marking or
{lamping of gold or filver plate) ; it is enacted, That if any per-
fon whatfoever (hall caft, forge, or counterfeit, or caufe or pro-
cure to be cafi, forged, or counterfeited, any mark or ft amp
\^k^^ or to be ufed, for marking gold or filver plate by the com-
pany of goldfrniths in London^ or by the wardens, or aflayer or
alTayers, at Tork^ Exeter,, BrifoU Chejler^ Norwich^ or Newcaftle
vpon Tyuc^ or by any maker or worker of gold or filver plate, or
any mark, ftamp, or impreflion, in imitation of, or to refemble
any mark, ftamp, or imprelFion, made, or to be made, with
any fuch ftamp ufed as aforefaid ; or fhall mark or ftamp, or
caufe or procure to be marked or ftamped, any wrought plate
of gold or filver, or any wares of brafs or other bafe metal, fil-
vered or gilt over, and refembJing plate of gold or filver, ynt\\
any maik or ftamp which hath been, or (hall be forged or
counterfeited ; or (hall tranfpofe or remove, or caufe or procure
to be tranfpofed or removed, from one piece of wrought plate
to another, or to any veftel of fuch bafe metal as aforefaid, any
fuch mark, ftamp, or impreffion; or ftiaJl fell, exchange, or
expofe to fale, or export out of this kingdom, any wrought
plate of gold or filver, or any veflel of fuch bafe metal, witlx
any fuch counterfeit mark, ftamp, or impreftion thereon, know-
ing the fame to be forged, counterfeited, or tranfpofed ; or ftiall
wilfully or knowingly have or be pofTeffed of any fuch forged
mark or ftarnp; every fuch perfon, being lawfully Gonvi6Ved„
ftiall be adjudged guilty of felony, aud (hall fuffer death as a
felon without benefit of clergy , be it enaded by the King's moft
Aclaufetliere- excellent majefty by and with the advice and confent of the lords
m repealed, fpiritual and temporalj and commons, in this prefent parlia-
ment affembled, and by the authority of the fame. That the
faid claufe (hall, from and after the twenty-ninth day of Sep^
iember next, be, and the fame is hereby declared to be, repealed^
Perfons conn- ^I- ^"^ ^^ ^'^ further enadfed by the authority aforefaid, That
t.erfeitiiig of if any perfon whatfoever, i\QW\ arid after the faid twenty -ninth
marks oi Jay of September next, fhall caft:, forge, or counterfeit, or caufe

or

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I733-] Anno decimo tertio Georgii III. c^^sg. iiy

or procure to be caft, forged, or counterfeited, any mark or^^«ipsurtd
ftamp ufed, or to be ufed, for the marking or (lamping gold J^|; ^^^|? ^^j'JP^'
or (liver plate, in purfuance of any a6l or a6ts of parliament now Anirbs in '
in force by the company of goldfmiths in London^ or by the war- London, &c,
dens, or aflayer or ailayers, at Tork^ Exetery BriJloU Chejler^ Nor-
wich^ or NewcajUe upon Tyne^ or by any maker or worker of gold
or filver plate, or any or either of them ; or fhali caft, forge, or
counterfeit, or caqfe or procure to be cafl, forged, or counter,
feited, any mark, ftamp, or imprefllon in imitation of, or to
refembJe any mark, ftamp, or impre/rion made, or to be made,
with any mark or (lamp ufed, or to be ufed, as aforefaid, by
the faid company of goldfmiths in London^ or by the faid war-
dens, or affayer or affayers, or by any maker or w^orker of golc}
or filver plate, or any or either of them , or fhall mark or ftamp,
or caufe or procure to be marked or (lamped, any wrought plate
ofgoldorfilver, or any wares of brafs or other bafe metal filvered
or gilt over, and refembling plate of gold or filver, witii any
mark or (lamp which hath been or (hall be forged or counter-
feited at any time, either before, on, or after the faid twenty-
ninth day of September next, in imitation of, or to refemble any
mark or {lamp ufed, or to be ufed, as aforefaid, by the faid
company of goldfmiths in London^ or by the faid wardens, or
affayer or affayers, or by any maker or worker of gold or filver
plate, or any or either of them ; or (hall tranfpofe or remove, or oj tranTpofing
caufe or procure to be tranfpofed or removed, from one piece itamps from
of wrought plate to another, or to any vefTel of fuch bafe metal ^"^ P^^^^ ^^
9S aforefaid, any mark, (lamp, or impredion, made or to be ^^^pl^Jj^^^' ^^J'^.j^
made, by or with any mark or ftamp ufed, or to be ufed, astoiale;
aforefaid, by the faid company of goldfmiths in London^ or by
the faid wardens, or affayer or affayers, or by any maker or
worker of gold or filver plate, or any or either of them \ or fhall
fell, exchange, or expofe to fale, or export out of this kingdom,
any wrought plate of gold or filver, or any veffcl of fuch bafe
metal, as aforefaid, with any fuch forged or counterfeit mark,
(lamp, or impreffion thereon, or any mark, (laiTip, or impref-
fion v^hich hath been, or ihall be tranfpofed or removed from
any other piece of plate, at any time either before, on, or after
the faid twenty-ninth day of 5'^/)/^;;;Z'£'r next, knowing fuch mark,
ftamp, or imprefllon to be forged, counterfeited, or tranfpofed
or removed as aforefaid ; or fhall wilfully or knowingly have or
be poifeiTed of any mark or (lamp which hath been, or (hall be
forged or counterfeited at any time, either before, on, or after,
the faid twenty-ninth day of September next, in imitation of, or
to refemble any mark or (lamp ufed, or to be ufed, as aforefaid,
by the faid company of goldfmiths in London^ or by the faid v.'ar-
dens, or aOayer or alTayers, or by any maker or worker of gold ^^gH ^^ ^^^^
or filver plate, or any or either of them ; every perfon offending viaicn, be
in any, each, or either of the cafes aforefaid, and being thereof tranfport.d to
lawfully convicted, (hall, by order of the court before whom ^^''^'^^^^^ ^^''"
fucli offender (hall be convided, be tranfported to fome of his ''^ yeais.
Majefty's colonies or plantations in America^ for the term of
fourteen years,

13 C A P.

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iiS Anno decimo tertio Georgii III. c£o,^62. [1:773,

CAP, LX.

An a<a for draining and preferving certain lands and grounds in the pa^
riihes of Tid Saint Giles and Newton, in the Ide of Ely, in the county
of Cambridge j and in Tid Saint Mary's, in the county of Lincoln.
Preamble. CommifTioners names. Qualification of commimoners. Time
and place of commiffioners meeting. What fums ftiall be allowed at meet-
ings, and that all orders to be made ftiall be at publick meetings only.
CommiiTioners, how to be chofen, and their qualifications. CommifTion-
ers have power to appoint deputies. Penalty on afting if not qualified.
CommifTioners powers. Exemptions from taking earth. Commiffioners
ijot to injure the turnpike houfes. Moles ma.y be deftroyed. Commif-
lioners to appoint officers to open and Hiut fluices. Penalty of 20I. on
ofhcers opening or fliutting fluices contrary to orders. Regulations for the
old drain. Commiflioners to make orders for the drainino- of the lands 5
and appoint officers who are to account. Officers not ac'counting to be
commuted to gaol. Commi.Tioners may alfefs owners, as they rtiall iud^e
proper. Rates not to exceed 4s. an acre. Certain lands to pay only the
fourth part of the acre-tax. Lands to be furveyed. Tenants to pay taxes,
and dedua the fame out of their rents. LefTees not to be allowed to de,
du6t taxes. Manner of recovering rates. Lands untenanted to remain a.
iecunty for taxes. Money maybe borrowed by mortgage of taxes, not
exceeding io,oool. Taxes vefted in creditors. Writings to be without
ItanTps. Perfons deftroying works, &c. how to be puniffied. Books of
aflelTments to be kept. Proceedings to be entered in books. Occupiers
to maintain their outring fences. Kinderley's Cut to be opened, Bed-
ford Level corporation, and the commiffioners of tl)is aft, fliall contribute
certam fums towards carrying on the faid works. The remainder of the
expence of opening the faid cut out of the North level, taxes how to be
payed. Perfons damaging the works how to be puniffied. The naviga-
tion of the cut fliall be free. The mariner of towing on the fide of the
cut. The channel of the Wifl^ech river, and the fands adjacent, in the
Bedford Level corporation, how vefted. The faid corporation allowed to
mark out the iaid fands 5 and to grant leafes tliereof, as foon as they are
capable of cultivation. Receiver of the taxes to take the rents and pro-
fits of the fands, &c. The corporation may purchase fait marflies in Tid
St. Giles. The committee of rhe North Level commiffioners fliall iuperin-
tend fuch works as fliall be done with the profits of the faid fands j and
make up any deficiency that may be therein. Walpole and other marflies,
maybe drained. The river Bank on the North andNorth welt of Kinder|ey's
cut may be repaired. A certain piece of land in Tid Saint Giles vefled'^in
certain perfons, to be fold, and how the money is to be applied. Rights
of governors, <S:c. of Bedford Level faved. Powers of Wifl^ech commiflion-
ers over Tid Saint Giles to ceafe. Right of commifl^ioners of fewers faved.
The comm'.flioners under this a6l may agree with the commiffioners of
fewers, &:c. for drainiug of lands into Buckworth's drain. Limitation of
a(51:ions. General ilfue. Treble cofl:s. Publick a(^.

CAP. LXL

An ai5l for the better lighting and watching the town of Kjngflon upon
Thames, in the county of Surrey j and for removing and preventing alj
obllru6lions, encroachments, and nqifances therein.

Preamble,

CAP. LXII.

'jin a5I for letter regulating the ajfcze and making of bread,

WHEREAS, according to the ancient order and ciijhm of the
realni^ there bath heen^ from time immemorial^ a flandard
wheat en bread ^ made of four ^ being the whole produce of the wheat
whereof it ivas made : and whereas by an aol^ p-'ljjed in the thirty-
Aa 31 GtQ.z, jfrf year of the reign ^George the Second^ intituled^ An acS for

thp

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1773^1 Anno decimo tertio Gecrgii III. c.62. 1 19

the due making of bread, and to regulate the price and afTize
thereof, and to punifh perfons who fhal] adulterate meal, flour,
or bread ; arid by an a^i pajfed In the third yrar of the reign of his
prefent Majefy, for explaining and amending the faid recited aa, ^a %^ Gep. 3.
two forts of breads made of wheat only^ are ailo%ved to he made for ^' '**
[ale\ {that is to fay) ^ wheaten and ho'ufehold \ zvhereby the flour ^ be-
ting the whole produce of the ivheat^ is fo divided in the making of
bread for f ale ^ as that this ftandard wheaten breads made according
to the ancient order and cufiom of the realm^ could be no longer made
for fale : and whereas houfehold breads fuch as is intended by the faid
a6l ^/George the Second to be made for fale^ is 7tot generally made
for fale^ whereby^ and for want of the faid Jiandard wheaten bread
being continued^ many incoitveniencies have arifen^ and many of the in-
ferior clajfes of the people more efpecially, have been under a neccjftiy
of buying bread at a higher price than they could afford^ to th^ir great
hurt and detriment : for remedy thereof, may it pleafe your Ma-
jefty that it may be enaded ; and be it enaded 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 alfembled, and by the authority of the fame, That
from and after the twenty-ninth day ^i September^ one thoufand AfterSept.29,
feven hundred and feventy-three, a bread made of wheat as fol- i773,ftandard
loweth ; that is to fay, of the flour of wheat, which flour, with- wheaten bread
out any mixture or divifion, (hall be the whole produce of the f^J^^^'J^'^^^^^J^^
grain, the bran or hull thereof only excepted, and which (hall a\ici iqIj. " '
weigh three-fourth parts of the weight of the wheat whereof it
(hall be made, may be, at all times, and is hereby allowed to
be made, baked, expofed to or for fale, and fold, and (liall be
called and underftood to be a ftandard wheaten bread.

II. Provided always, and be it hereby further enabled. That Weight, price,
the makers of the faid bread for fale do and Pnall mark every and propor- *
loaf thereof with the capital letters S, W. and that the makers tions of the
and fellers of the fame do make and fell the fame, although no ||^^J^^"^
afllze of bread be fet of the weight, and in the proportions fol-
lowing ; that is to fay, That every ft^ndard wheaten peck loaf

fhall glways weigh feventeen pounds fix ounces avoirdupois,
every half peck loaf eight pounds eleven ounces, and every quar-
tern loaf four pounds five ounces and one half of an ounce a-
voirdupois ; and that every peck loaf, half peck loaf, and quar-
tern loaf, (hall always be fold, as to price, in proportion to
each other refpe61ively ; and that where wheaten and houfehold
bread, made as the law now directs, fhall be fold at the fame
time, together with this ftandard wheaten bread, they be fold
in refpedf of and in proportion to each other, as followeth ; that
is to fay, That the fame weight of wheaten bread as cofts eight-
pence, the fame weight of this ftandard wheaten bread Ihall coft
feven-pence, and the fame weight of houfehold bread (liali coH:
lixpence, or feven ftandard v;heaten afTized loaves (liall weigh
equal to eight wheaten afllzed loaves, or to fix houfeliold allixed
Joaves of the fame price, as near as may be.

III. Provided alfo, and be it hereby further eiiD^ed, That ^J^^"^^^^^^^^^
tjic 4id fl^ndard wheaten bread be not, nor ihali be made into, i"^, i^^'t^o bc^

I L or ^ ,

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/^^ AnnodecimotertloGEORGiiIII. C.62, [177,-

^L"^" S '°°'''^''^ ^"'^ '^'^'^ '°^^'^^ of the fame ftandard

Mag,ttrates IV. And be it further enafted by the authority aforefaid.

tl nkproper^Tn '" ^"VT^ "^^giftrate. magilb-ate,, or others, who i

tofetK:* f"lf,^' by the laws now in being, authorifed and impowered

fyze, and fix ^"^ f the affize and fix the price of bread, is, and are hereby

the price of !,"f^°7'ea a"d required, whenever and where-ever he or thev

bread. fha think proper, to fet the affize, or to fix the price of bread,

in hfce manner, and at the fame time to fet the aflize on, or fix

thepnceof, the ftandard wheaten bread aforefald, the baker's

allowance for baking being included accordintr to the rates and

proportions feveralJy and refpeaively fet down in the following

table. ^

AfterSept.9, J' ^"^^e it enacted by the authority aforefaid, That ail
oVatT l^.^j^f'^^ bread for ^ aJI perfoas who (hall after the

fale to make ^'^1 twenty-ninth day ot Septmber, one thoufand feven hundred
snddifpofeof^"'^ leventy-three, make and bake, for fale, and fhall fell, or
^'^^u'^^^^ expofe to or for fale, the faid ftandard wheaten bread, (hall
hereby d;rea. make fell, and expofe to or for fale the faid bread as direded by
this aa ; and all luch makers of the faid bread for fale, and per-
fons fellmg, or expofing to or for fale, the faid bread, (hall be
liable to the fame or the like pains, penalties, forfeitures, and
punifhments, m all refpeds whatfoever, for any mifdemeanour
ornegled in the making, marking, felling, or expofing to or
tor fale, the faid ftandard wheaten bread, as they are liable to
by the laws now m being, for any mifdemeanour or neglecl, in
refpea to making, marking, felling, or expofing to or for fale,
wheaten or houfehold bread.
The miller or VI. Provided always, and be it ena6led by the authority z-
hZ.Zlral' f^^^^^'f.T^hat if any information (hall be laid againft any baker
ed flour, [hall t^^ "laking, marking, baking, or expofing to or for fale, any
forfeit the pe- bread, purporting to be the ftandard wheaten bread aforefald
nalrksdirea- made of flour, not being the whole produce of the wheat, the
Qepz ^' ^'^" °^ ^'''^^ thereof only excepted, and weighing three-fourth
parts of the weight of the wheat whereof it was made, and fuch
baker Ihall prove that he bought the faid flour, whereof his
bread was made, as and for fuch flour, as aforefald, of the mil-
ler or mealman, naming his name and place of abode; then,
and in fuch cafe, the baker ftiall ftand clear and acquitted, and
the miller or m.ealman fo offending, and being legally convided
thereof, (hall forfeit and pay the penalties enacted and diredcd
to be paid, in the cafe of adulterating corn, meal, or flour, by
an aa-, palled in the thirty-firft year of the reign of King George
the Second, intituled. An a5i for the due jnaking of bread, and%a
regulate the pr:ce and affize thereof and to puni/l) ^perfons ivho /ball
adulterate ?neal^ flour ^ or bread,
Where magi- VIL And be it further enacted by the authority aforefald,
hZ^r'V^}^ '^^^^^ ^'^^^^" ^"*^ ^^^^^^ ^"y rriagiftrate, ma^iftrates, or others*
sffiz^-on the authorifed as aforefald, (liall have ki. an affize on or fixed the
price of (land- pi'^^e of the faid ftandard wheaten bread, as direded by this aa,

all

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f

I

J773.] Anno decimo tertio Georgii III. c, 62. 121

all and every fuch perfori or perfons fo authorlfed, are hereby ard wheaten
authorifed and impowered to omit, if they think proper, the t^f'^^^d, other
fetting an aflize upon, or fixing the price of any other fort of [^^^^^°"^^y ^^^^"

bread. mit fixing the

price of any other fort oF bread.

VIII. And be it further enabled by the authority aforefaid, a^^^ g
That from and after the twenty-ninth day of Septe?nbery one 1773^ justices'/
thoufand feven hundred and feventy-tree, the judices of the at their quae*
peace of every county, riding, divifion, city, town, liberty, and ^^^ r^Hlons,
place, at any general or quarter feffion of the peace which fhall |^^^' prohibit,
be held wiihin their refpedive counties, riding, divifion, cliies, the baking or
towns, liberties, or juril'dicftions, may, if they fhall think pro- felling other
per, prohibit, and they ^re hereby aiuhorifed and impowered bread thaa

to prohibit, for three months, unlefs they (hall fee caufe fooner ^^^'^ .
to revoke the order for fuch prohibition, which they are hereby * '

impowered to do at any adjourned quarter feffions, or any fpe-
cial feflions within their refpedtive jurifdidions, or within any
part thereof, the makers of bread for fale from making for fale,
baking, felling, or expofing to or for fale, any other one or
more forts of breads being, or purporting to be, of a fuperior
quality, and fold at a higher price than the ftandard wheaten
bread aforefaid : provided, that no fuch order for fuch prohibi-
tion do take place, or be in force, until one calendar month at but ^q fuch
leaft after the date of the making thereof ; and every order, which order fhall
lliall be fo from time to time made, in or touching the preniifes, ^^^^ P-^ce till
by any fuch jufl:ices, (hall be entered in a book, to be provided °"^ ^^'^"^^^"^
and kept for that purpofe by fuchjuftices, and which book (hall |^^|^^ after the
and may be infpecfled by the makers of bread for fale within the making therel
refpedtive jurifdidion of any fuch juftices, at all feafonable times, of-
in the day-time, and without paying any fee or reward in re-
fpcifi: thereof: and aft-er the making every fuch order by any
fuch juiiices, the juftices who fhsll make the fame, (lull, with
all convenient fpeed, caufe a copy of every fuch order to be af- q ^^ ^^^^t
fixed or put up in fonie market, or other publick town, within order to be
tlie divifion or part of the county, riding, liberty, rape, wapcn- putupinfome
take, city, town, or place, in which fuch order is to be obferved, ^^^^^^^ ^o^'P*
and take place, or elfe fuch jufiices, within their I'efpediveju-^J,^" '^^^f-^jj
rifdi(5^Ions, fhall caufe a copy of every fuch order tq be, with all news-paper,
convenient fpeed, after the making thereof refpedtively, infcrted
in fome pubjick news-paper, which fliall be publilhed in the
county, riding, divifion, rape, wapentake, city, town, or place,
or fome part thereof, in which every fuch order refpec^iively is
to be obferved, and take place.

IX. Provided always, That within the city of London^ and p ^ r
the liberties thereof, the company of bakers of the faid city, and ba^k^rs^o^F
in any other city, county, divifion, dilhidl, town, or place, any London, ^c.
baker or maker of bread for h\Q^ bakers or makers of bread for "^^y ^^^^ <^^^-
fale, may, within the refpeaive jurifdiaion to which he or they [^fch'''''^ T^
do belong, or wherein h,e or they do exercife their trade or my- tion/^^^
fiery, have an opportunity of offering to fuch juftices, as afore-

faidj all luch objeclions as fuch company of bakers, or fuch

bakery

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522 Anno decimo tertio GeoRGII III. c.62. [1773.

bakers or makers of bread for fale, may have and think fit to
offer againft fuch prohibition as aforefaid, at the time when fuch
juftices, as aforefaid, (hall have under confideration the ordering
fuch prohibition as aforefaid.
jWheaten X. Provided alfo, That nothing herein contained (hal! extend,

priceof jd o^r ^^ '^^ conftrued to extend, to prevent the magiftrates and others,
ad. may be ^^^*^' ^y ^^^ ^^^^ "^''^ i" being, are awthorifed to fet an aflize
madeandfold, ^^ bread, from allowing at all times, and even during the time
according to of fuch prohibition as aforefaid, if they (hall think fit, any white
aft 31 Geo. a. loaves or wheaten loaves of the price of one penny, or two-pence,
to b^ made and fold, fo that the faid loaves be made, marked,
baked, expofed to and for fale, and fold according to the regu-
lations of The table of affize and price of breads contained in, and
enaded by, an ad, paffed in the thirty-firft year of the reign of
his late Majefty George the Second, intituled, An adt for the due
waking of bread, and to regulate the price and ajfize thereof and to
punijh perfom who /hall adulterate meaU flour ^ or bread,
No aflize to XL And whereas there may be many places in this kingdom,, where

coadl^ bread ^^^ inferior claffes of the people are ufed to and may be defer ous of
if fold at a ' ^^^'^-^ fuppUed with bread made of wheats of a coarfe and cheaper
lower price, fort than the fiandard wheaten bread aforefaid-, be it hereby further
as direaed by enailed by the authority aforefaid, That it (hall and may be law-.
^6131 Geo. 2. ful for any baker or maker of bread for fale, to make, bake, expofe
to fale, and fell, fuch inferior and coarfer bread, provided he or
fhe fells fuch bread at a price under that of the houfehold bread,
2S direded to be made and fold by an acl paffed in the thirty-
iirfl year of the reign o^. George the Second, intituled. An a6i for
the due making of bread,, and to regulate the price and ajfize thereof y
and to punijh perfons zuho Jhall adulterate meal,, flour ^ or bread,, al-
though nothing in this a6l contained doth extend, or fliall be
conftrued to extend, to the fetting any affize thereon.
Where any XII. And be it further enabled by the authority aforefaid,

baker of bread That when and vvhere any baker or maker of bread for fale (hall
fcr br^ead^at^'^ ^^^^' ^^ expofe to fale, any fuch inferior or coarfer bread by
the afTized weights and prices whereat the houfehold bread aforefaid is at
houiehold that time adized, or priced, or fold, he (hall, for every fuch
bread price, offence, being; duly convi6led, be liable to the fame, or hke
bl f h pain?, penalties, forfeitures, and punifhments, as bakers and
penalties in- n)akers o\ bread for fale are now by law liable to for any the like
jflided by law. mifdemeanour or negle6l in making, felling, or expofing to or
for fale, any other fort of bread allowed by law to be made or
expofed to or for fale, and fold.
Magiftrates to ^^^^- ^"^ ^^ ^^ further enacted, That all and every magi^
liave the fame f^rate, magiftrates, and others, as aforefaid, following the di-
powers rela- redlions herein-before and herein-after given, (liall have, and
tive to the ^|^^y ^j-^ hereby declared to have, all the fame powers and au-
iblbn^^of^ thority to apply them, to all intents and purpofes whatfoever,
br^ad as they relative to affizing, pricing, and regulating, the making, felling,
niay have by or expofing to or for fale, the faid fiandard wheaten bread, and
any law now punilhing "the makers, fellers, and expofers thereof to or for
V^ bpjpg. ^^Y^^ ^^^ ^^y ^1^^ Ijj.^ mifdemeanaur orneglecf^ in the making,

iTiarking^

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weigh three-fourths of the Wheat whereof it is made.

, PART THE FIRST, or the ASSIZE TABLE,

,e price of the Bufliel of Wheat, IVmheJler meafure, from 2s. gd. to 14s. 6d. the Buftiel, t
iluded : And in Column N°II. are the weights of the feveral Loaves. So that at wtiatever
agiftrates (hall fet the Affize, the fame price of Wheat is to be found in Column iN 1. ana
)f the feveral LoaVes.

ne weight of llandard wheaten ajjlzed bread as cofts feven-pence, of wbeaten afjtzd bread
read fix-pence": Or, kstnjlandardafftzed loaves, will weigh eight wheaten ojjized loaves, or 1
ar as may be.

ei

PART THE SECOND, or the PRICE TABLE,

le price of the bulhel of wheat, Whlnchefer meafure, from 2s gd. to 14s. 6d. the bujhel, ;
luded: And in column N»I. are the prices of the peck, half peck, and qua, tern oaves .
allowance, the magiftrates fhall fix the price of bread, the fame price of wheat is to De iol
1 be found the prices of the feveral loaves.

adard wheaten peck loaf is always to weigh 171b. 6oz. avoirdupois, ^f'Y}'^}[^J'^\'^^^

id peck loaf is fold for fourteen-pence, the wheaten pecK loaf is to be fold for J^ ^^^-PJ"=^;

twelve-pence, and always as near as may be in the fame proportion. No half quartern loav<

221244

2 1 1 1 1 9 6

7 13 10 15 10

3 7 10 6 I3|i5 10 4
15 7 9 14- '4 '4 H 5
II 13 9 7 11 14 3

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J 773-] Anno decimo tertlo Georgii III. 0,62. 12^

jnarking/elUng, or expofing the fame to or for fale, as they have by
any law now in being, relative to affizing, pricing, making for fale,
felling, or expofing to or for fale, any bread whatfoever, and in
as full and ample a manner as if the faid powers were recited
and enabled therein.

XIV. And be it further ena^ed. That all magiftrates, and all ^^^^^/f^^'
other persons whatfoever, fhall be intitled to, and have all the fiUhTpdvil^
privileges, protections, and indemnifications, in all refpeils legesand pro-
whatfoever, for what they Qiall lawfully do in putting this act tedionsofthe
in execution, as they are intitled to, and have by the laws now laws in bein^
in being relative to the making of bread, and felhng, p^ niJJ,\\'[g a^^^^
expofing the fame to or for fale, for putting the faid laws in felling of
execution. bread.

XV". Provided always, and be it enaded, That this a(3:, or Not to extend
any thing herein contained, (hall not extend to prejudice any to prejudice
right or cuftom of the city oi LoJidon.^ or the pra6lice there ufed, the right or
pr any right or cuftom ot any lord or lords of any leet, to fet, clty^of Lon-^
enquire, and puni{h the breach of alTize of bread within their don, or lord?
r.efpedive leets or views of frank plidge, or the right of any of leet :
clerk or clerks of the market, in any place.

XVI. Provided fi^rther, and it is hereby likewife enacSted, Nor (hall this
That neither this adt, nor any thing herein contained, fhall ex- aa prejudice
tend, or be conftrued to extend, to prejudice the ancient right the ancient
or cuftom of the dean of the collegiate church of Saint Peter^ '''S^^ f^v"^^'
f-FeJiminJier^ or the high fteward of the city of Wejlmlnjier\ and d^'^n^^f St.
the liberties thereof, or his deputy, or apy of them, to fet, af- Peter, Wei-
certain, and appoint the aftize and weight of all forts of bread, aiinfter,&c^
to be fold, or expofed to fale, within the faid city oiWeftminJler^

and the liberties thereof; but they, and every of them, (hall
and may feverally and refpeclively, from time to time, as there
fhall be occafion, fet, afcertain, and appoinr, within the faid
city of Wejlminjl^r^ and the liberties thereof, according to the
true intent and meaning of this a6l, the afftze and weight of all
forts of bread, which (ball be made, fold, or expofed to fale,
bv any perfon or perfons within the limits of the faid city of
Weftmlnjler^ and the liberties thereof; and ftiall and may en-
quire, and punifti, the breach of every fuch afllze and weight
of bread as fully and freely, in all refpeds, as they, or any of
them, have heretofore been accuftomed to do, and as if this a6t
had never been made .^ any thing herein contained to the con-
trary hereof notwithftanding.

XVII. Provided likewife, That neither this a6l, nor any thing Nor fliall any

herein contained, fhall extend, or be conftrued to extend, to thing contamr

prejudice the ancient right or cuftom of the two univerfities of fu P*"^'"^^^^^
Va •> 7 1 ^ , • 7 ^ ■ \ r y r 1 • - , ^^^ ancicnt

O^/^ri and Cambridge^ or either or them, or or their or either right of the

of their clerks of the market, or the pradice within the feveral univerfitits of
jurifdidions of the faid univerfities, cr either of them, ufed to 0>^foJ'<-\ and
fet, afcertain, and appoint the afllze and weight of all fqrts of C^'^^^^^^S^*
bread to be fold, or expofed to fale, within their feveral jurif-
didions ; but that they, and every of them, fhall and may fe-
derally and refpectively, from time to tinie^ as there Ihall be oc-

cafiouj

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All the laws
now in being
for regulating
the price of
bread, Sec. to
remain in full
force »

Where the
chief magi-
llraCy of a
corporation is
vefted in two
bailiffs, one of
them is to fet
an afiize on
bread.

124 Anno dccimo tertio GeoRGII III, C.63. [1773.

cafion, fet, afcertain, and appoint, within their feveral and re-
fpedivfe jurifdidions the affize and weight of all forts of bread
to be fold, or expofed to fale, by any baker, or other perfon
"whatfoever, within the linaits of their feveral jurifdi6lions, ac-
cording to the true intent and meaning of this adt ; and fliall
and may enquire and punifli the breach thereof as fully and
freely, in all refpedis, as they ufed to do, and as if this a6f had
never been made ; any thing herein contained to the contrary
thereof notwithffanding.

XVIIL And be it hereby declared and enaded by the autho-
rity aforefaid, Thar all the laws now in being, for the due
making of bread, or to regulate the price and affize thereof, or
to punidi perfons who fliall adulterate meal, flour, or bread, do
and (hall ftand and remain in full force, in the whole, and every
part thereof, not altered by this prefent a6f.

XIX. Jrid whereas doubts hove arifen^ %vh ether by the /aid a^y
pojj'ed in the thirty-firji year of the reig7i of his late niajefiy King
George the ^econd^ where the chief ma gif racy of any borough or cor-
porailon lies and is vefed in two bailiffs^ one of the fdid bailiffs^ in
the ahfence of the other ^ Is^ by the [aid acl outhorifed and irnpowered
to fet an ajji%e on bread \ be it enaded by the authority aforefaid.
That in fuch boroughs and corporations, one of the faid bailiffs,
in the abfence of the other, (hall be authorifed and irnpowered
to fet an aflize on bread, under the faid act, or this ad, and to
do all other matters and things therein and hereby direded for
fetting the fame,

CAR LXIir.
An aM for efiallifhirig certain regulations for the letter

management of the affairs of the Eaft India Company,

as well in India as in Europe.

WHEREAS the feveral powers and authorities granted by
charters to the united company of merchants i?/England trad-
ing to the Ealt Indies have been founds by experience^ not to have
fufficient force and efficacy to prevent various abifes ivhich have pre-
2,/ V. ^(^- y^ vailed in the government and adminiflration of the affairs of the f aid
^ ^ united company^ as well at home as in India, to the manifefl injury of

the publick credit^ and of the commercial inter efts of the faid compam^^^
and it is therefore become highly expedient that certain further regu-
lations^ better adapted to their prefent circumfances and condition^
fiould be provided and eflahlifed : and ivhereas the electing and chufnig
of directors of the faid united company every year^ in fuch manner as
at prefent is prefcribed by charter ^bas not anf were d the good pinpcfes
intended thereby^ but^ on the contrary^ by limiting the duration af
their office to fo floor t a time^ evidently tends to weaken the authority
cf the court of dire B or s^ and to produce inf ability in the councils and
tneafures of the faid company : may it therefore pleafe your Majefty
that it may be enadled ; and be it enadkd by the King's moft
excellent majedy, by and with the advice and confent of the lords
fpiritual and temporal, and commons, in this prefent parliament
jjlTembled^ and by the authority of the fame, Th.at at the next

4 genera}

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Freamble.

I773-] Anno decimotertio Georgii tit; c.6§* 125

general enfuing eleaion of diredors of the i^id united compa- At the next
ny, inftead of an eleaion of twenty-four diredors to ferve ^or ~^g^^^^^^^
the fpace of one year only, there fhall be chofen, in fuch man- j^^g^j ^^^^^
ner and order as the diredors of the faid united company for the there Hiall be
time being (hall appoint, fix directors exprefsly for the term of chofen 6 di-
one year, and fix other directors for the term of two years, and [^^,„'^Vone
fix other diredors for the term of three years, and the remaining y"^^^. ^ f^^.
fix diredlors for the term of four years, and not otherwife ; and two years j G

from thenceforth yearly and every year, and at the expiration for three
of each and every of the faid terms refpedively, fix new direc l^^.^^y^^/g'l''
tors, and no more, fhall be chofen, from time to time, in the ^^^^ ^-^ ^ere-

place of fuch diredors whofe term (hall have expired, and who after yearly.

are hereby declared incapable of being then rechofeni and at

every fubfequent eledion, during the continuance of the charter

of the faid united company, fix new diredors fliall be chofen,

and fhall continue to be directors for the term of four years, and

no longer, to be accounted from the day on which the eledion

of fuch diredtors was refpedively made ; and in cafe the office

and authority of any fuch diredor (liall become void by death,

removal, or otherwife, another (liall be chofen from time to^

time in his place, to ferve as a diredor during the remainder of

fuch term for which the peifon whofe of^ce (hall have become

void was chofen, and no longer.

IL And it is hereby further enaded. That no perfon or per- ^^ "^^^^^
fons whatfoever, employed in any civil or military, Nation, ^^^^f^^]^^^ -^^
ofHce, or capacity whatfoever, in the Eq/^ Indies^ or claiming or the Eall
exercifing aiiy power, authority, or jurifdidion therein, (hall be Indies, fliall be
capable of being appointed or chofen into the office of diredor, choien -into
until fuch perfon or perfons (hall have returned to and been re- ^ireao'runtil
fident in England for the fpace of two years j any law or ufage to i^e (hall re-
the contrary notwithftanding. turn, and be

III. And ivhereas it has been found, that the provifion made /^- redden ciu
the charter of the tenth year of the' reign of King William the Third, l^f^'^^,1^''
under ivhich^ perfons pojjejfed of five hundred pounds fock are intitkd ^^j ^j-ansVers
io vote in general courts, has been produSJive of much inconvenience in made in a
the prefent fitiiation of the company^ and tends to promote the w//^- coll u five man -
ihievous pratlice of making coUufive transfers, which praolice Z?^/^ n?;r, to qualify
not been f efficiently prevented by the provifion ?nade by an a5l of ^^^-^^^^\f^l^
feventh year of his prefent Majefiys reign, ivhereby the right of
voting is limited to perfons having been ft x calendar months in pofjef-
fon of their Jhck\ be it further enafted, That all transfers of
rtocks whatfoever made to any perfon or perfons, .in any frau-
dulent or collufive manner, on purpofe to qualify him, her, or
them, to give his, her^ or their vote or votes, at any eledion of
members of the court of diredors, or in any general court of the
faid united company, (fubjed neverthelefs to conditions or
agreements, either verbal or in writing, to defeat or determine
fuch transfers, or to retransfer or return the fame,) Ihall be
deemed and taken againft thofe perfons who transferred the
fame, as free and abfolute, and be holden and enjoyed, by aU
an,d every fuch perfon or perfons to whom fuch transfer ihall be

made^

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125 Ariho declmo tertio GeorgIi IIL 0.62* [177^*

made, as aforefaic], freely and abfolutely acquitted, exonerated^
and difcharged, of and from all manner of trolls, conditions^
powers of revocation, provlfoes of redemption, or other defea-
zances between or with the faid parties, or any other perfon or
and all bonds, perfons in truft for them ; and that all bonds, covenants, notes
^^hh'^'erioi^^' collateral, or other fecurities, contrads, or agreements, between
in trult, (hall °^ ^^^^ ^^^^ ^^^^^ parties, or any other perfon or perfons in truft
be null and ^ot them, or any of them, for the retransferring, redeeming, re-
void ; yoking, or defeating fuch transfer, or for the reftoring or retranf-
ferring thereof, or any part thereof, to any perfon or perfon^
who made fuch transfer, or to any other perfon or perfons in
truft for them, or any of them, fhall be null and void, to all
and every intents and purpofes whatfoever : and that every perfon to v,^hom
perfon to fuch transfer (hall have been made, and who (hall have voted by
f ^^n \7h^ virtue thereof, at any election of members of the court of direc-
beenmade,'or ^^^^' ^^ ^^ ^^Y g^^"^^^^^ court of the faid united company, and
who (hall have who lliall afterwards retransfer or return the fame, in confe-
voted by vir- quence of any trufi:, condition, powers of revocation, provifo of
tue thereof, redemption, or other defeazance whatfoever, as aforefaid, fhall^
tion" whoQiall ^^^ ^^'^^y fuch offence, forfeit the fum of one thoufand pounds ;
afterwatds re- onQ moiety whereof fhall go and be difpofed of to any perfon
transfer the who (liall fue for the fame, and the other moiety to his Majefty,,
lame, in con- j^jg heirs and fucceffors 5 to be recovered, together with full cofts
a^iwt^uit^^^&c ^^^"^^ '^y aclion of debt, bill, plaint, or information, in any of
ihall forfek^, ' ^"^^5 Majefty's courts of record at IVeJlminjler^ wherein no eflbin^
for every privilege, protection, wager of law, or more than one impar-
clfence, loool. jance, ihall be admitted or allowed; and that from and after
Id ^witl^fuTr ^^^^ ^^^ ^^y ^^ O^ober^ one thoufand feven hundred and feventy-
colts, at Welt- i^hree, no member or proprietor of the faid united company (hall
minfter; be deemed qualified, or capable to vote, or be admitted to give
and after any vote or votes, at any eledion of diredors, or at any general
oa-. I, «773, cQ^j-f ^f^ ^l^g |-gj<^ united company, in refped of any ftock
no propnecur . ,r, ^ r ^ x j • rnr
ih all vote at amountmg to lefs than one thoufand pounds, nor m relpect oi

any ele61ion any ftock transferred to him, her, or them, after the faid firfh
of direaors day of O^obiT^ one thoufand feven hundred and feventy-threcj
in refpedof ^^^^jj j^^ ^^ ^^ j^^|, j^^^.^ j^een poffeffed of fuch ftock

Itock amount- , 11 -^i • 1 • 1 i • • i ,. ^ ^

ing to lefs twelve calendar months, m his, her, or their own right, and not

than joccl. in truft for any other perfon or perfons whatfoever, freed and
ror until he difcharged cf'sll incumbrances which can or may aifed the
^' i^eff^rc/''^" fcime, unlefs fuch ftock ftiall have been acquired, or fliall have
fucn il calen- come to fuch proprietor by bequeft, or by marriage, or by fuc-
dar months, ceifion to any inteftatc's eftates, or by the cuftom of the city of
London^ or by any deed of fettlement after the death of any per-
fon who Iliall have been intitled for life to the dividends of fuch
ftock ; any law, ftatute, or ufage, to the contrary notwithftanding.
Every pro- IV. Provided always, and be it further ena61ed by the autho-

prietor pofTef- ^.j^^ aforefaid, That every member or proprietor of the faid
^orrLntock ^^nited company, who Oiall be po(leiT-d, for the time or term
oUllbeinut- aforefaid, in his or her own right, of three thoufand pounds,
led to iwo capital ftock of the faid company, (hail be intitled to give two
votes at any ^^^^^ ^^ ^^y ekclion of direcHors, or at any ballot o^ the faid
cuaioDiit company)

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1773-] Annd decimo tertio GeoijIGJI III. a 6^. iiy

company ; arid every member or proprietor who (hall be pof- pofTefled of
feffed, for the time or term aforefaid, of fix thoufand pounds, in ^^^e tbree^^^^
his or her own right, dial 1 be intitled to give three votes; and votes- and
every member or proprietor who (hall be pofTefled, for the time when poffeiTed
or term aforefaid, of ten thoufand pounds or more, fliall be pf f-^^^o-^ol' is
intitled to give four votes at fuch eledtion or ballot ; and the ^J^^^^^^^ ^^
oath and affirmation herein-after refpedlively prefcribed, fhall,
as occafion (hall require, be altered in fuch manner as fhall be
neceffary to comprife fuch right of voting.

V. Provided always, and it is hereby further enaded. That Every mem-

any member or proprietor of the faid united company Ihall be ber (hall be ^

deemed qualified or capable to vote, and (hall be admitted to ^^^"^^^ ^"^''■"
1-1 . ^ ^ irL- ri-o ^ ^eci to vote at

give his or her vote or votes, at any eledlion ot directors, or at eieflions of

Sny general court of the faid united company, that (hall be held direaors, in
after the firft day of 05lober^ one thoufand feven hundred and jefpeaof
feventy-three, in refpedl of any fuch ftock, not amounting to ^^r^^^'JS^^*
lefs than one thoufand pounds, whereof he or ihe (liall have , - * *'
been po(re(red from the faid firft day of 05loher^ any thing herein
contained to the contrary notwithftanding : and the oath and
affirmation herein-after refpedively prefcribed, fiiall be as occa-
fion fhall require, altered in fuch manner in refpe6l of the con-
tinuance of the pofTeffion of fuch ftock, as to comprife the time
afore fa id.

VI, And be it further enacted by the authority aforefaid. Upon eleaiort
That from and after the firft day of O^oher^ one thoufand feven ot direaors,

hundred and feventy-three, upon every eledion to be made of !^^^,yP,[*^P''^^"

1 * 1 r I r I- r-> . tor inall, be-

any member or members of the court of diredlors, and upon fore admitted

every ballot to be taken at any general court of the faid united to vote, take

company, every member or proprietor of the faid company ^^^ ^<)llowing

(hall, before admitted to vote at fuch eledion, or in fuch ^^^^**

general court, iirft take the oath hereafter mentioned before two

or more of the direc^tors of the faid united company, who are

hereby impowered to adminifter fuch oath \ (that is to fay;)

I A. B. do fivear^ (or being one of the people culled Quakers, do
folemnly affirm^) That the fum of one thoufand pounds or more of
the capital flock of the innted company of merchants of England
trading to the Ea(^ Indies, ftanding in my name^ doth at this time
bslong^ and hath for the fpace of twelve calendar months a dually be-
longed to me^ in my own right ^ and not in truft for any per [on or psr^ '
fons whatfoever ; a?id that I have been in ihe a^ua'l receipt of the
dividends and prof ts thereof for my own ufe^ freed and difcharged of
all ifjcumbrances which can or may affeB the fame^for the faid fpace
of twelve calendar monthly or that the fame came to me zvithin the
time aforefaid by beque/i^ or by marriage^ or by fucceffon to an
intefate's ejlate^ or by the ci/fiom of the city ^/London, or by fettle -
went ; and that fuch ftock has not been transferred or made to me
fraudulently or collufively on purpofe to qualify me to give my vote ; and
ihat I have not hefre giyen my vote on this ballot.

So help me God.

and

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*^^ Anno decimo teitio GeorgIi III. d.S^i [iJ^'V

mmi^lXl If '-V'^^'u^ F^'^r ''^'''^ '^'' ""''^^ ^' affirmation hereby
perjury, or ^PPomtecl (hall thereby commit wilful perjury, and be thereof
corruptly convi61ed ; and if any perfon do unlawfully or corruptly procure
fuborning or fuborn any other perfon to take the faid oath or affirmation

do TauVe"" '" '''^^' '"^ T^^ "^^'^''^y ^'^ ^^ *^ ^^^^^ CO"^^«it fuch wilful
liable to the P^^J^^Y' ^"^ ^^^^ t>e thereof convided, he, fhe, and they, for
penalties m f^^^Y ^^^^^ ofience, fhnll incur fuch pains and penalties as are
Aa 5 Eliz. in and by two ads of parliament, the one made in the fifth year
and X Geo. 2. of the late Qxx^tn Elizobeih, mivXultd, an a^ for piinijtnngfiuh
perjons as Jhall procure or commit wilful perjury^ or fuborn of
procure any perfon to commit any ivilful or corrupt perjury^, the
other made in the fecond year of his majefty Y^mg George the
iecond, intituled, an at^ for the more effe5iual preventing^ and fur -^
ther puniflment of forgery, perjury, and fubornation of perjury, and
to make it felony tojieal bonds, notes, or other fecurities, for payment
of money, direded to be inflided for offences committed contrary
to the faid ads. - ^

A Governor- Vlf. And, for the better management of the faid muted company' i
fouTcoiin i^.^''^'^ ^^ ^""^^^^ ^^ ^' tunhcr enaded by the authority aforefaid,
leliors to be ■^'^^^ ^^r the government of the prcfidency of Fort miliam in
appointee], in Bengal, there (hall be appointed a governor-general, and four
whom the counfellors; and that the whole civil and military government
and Luilary ^^^ ^^^^ ^^'^ prefidency, and alfo the ordering, management, and
government government, of all the territorial acquifitions and revenues in
of Bengal, the kingdotns o^ Bengal, Bahar, and Oriffa, fhalj, during fuch
Bahar, and time as the territorial acquifitions and revenues fhall remain in
viVted^^^^^^ the polTedion of the faid united company, be, and are hereby
veiled in the faid governor-general and council of the faid pre-
fidency oi Fort William in Bengal, in like manner, to all intents
and purpofes whatfoever, as the fame now are, or at any time
heretofore might have been exercifed by the prefident and coun-
cil, or feledt committee, in the faid kingdoms.
Jn cafe of dif- VIII. And be it enaded by the authority aforefaid, That in
^"^'i^ilon^the ^^^ ^^^^^ whatfoever wherein afjy difference of opinion iliall arife
dedllonof the "pon any queftion propofed in any confultation, the faid gover-
major part to nor-general and council fliall be bound and concluded by the
be concluiive; opinion and decifion of the major part of thofe prefent : and if
3nd m cafe of jj- (|-,3|| happen that, by the death or removal, or by the abfence,'
inovaf or'ab- of any of the members of the faid council, fuch governor-gene-
fence/the go- ral and council fnall happen to be equally divided ; then, and iri
\ernor or every fuch cafe, the faid governor- general, or, in his abfence,
eidel} coun- ^[-^^ eideft counfellor prefent, (hall have a caflins; voice, and his

iellor to have ••r'nui-r i tr

a caitinff opinion fnall be decihve and conclufive.

vuice. IX. And be it further enaded by the authority aforefaid,

PoA'er of the That the faid governor-general and council, or the major part
governor- ^,f rhem, Hiall ba^ve, and they are hereby authorifed to have^
^ ^- " power of fupcrintending and controuling the government and
mana.^ementoftheprefidencies o( Madrafs, Bombay^ ^ndBenccolen
refpeclivcly, fo far and in fo much as that it Ihali not be lawful
for any prefident and council of Madrajs, Bombay, or Bencoolen^
for the time being, to make any orders for commencing hoftili^

council.

tie S3

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I773-] Anno decimo tertio Georgii III. c. 6^. 129

ties, or declaring or making war, againft any Indian princes of
powers, or for negotiating or concluding any treaty of peace, or
other treaty, with any fuch Indian princes or powers, without
the confent and aporobation of the faid governor-general and
council firfi: had and obtained, except in fuch cafes of imminent
neceflity as would render it dangerous to poftpone fuch hoflili-
ties or treaties until the orders from the governor-general and
council might arrive ; and except in fuch cafes where the faid
prefidents and councils refpedively (hall have received fpecial
orders from the faid united company^ and any prefident and
council of Madrafs^ Bombay y or Bencoolen^ who fliall offend in
any of the cafes aforefaid, fhall be liable to be fufpended from
his or their office by the order of the faid governor-general and
council ; and every prefident and council of Madrafs^ Bombay^
and Bencoolen^ for the time being, fhall, and they are hereby re-
fpedively diredted and required, to pay due obedience to fuch
orders as they fhall receive, touching the premifes, from the
faid governor-general and council for the time being, and con-
ftantly and diligently to tranfmit to the faid governor-general
and council advice and intelligence of all tranfa6lions and mat-
ters whatfoever that (hall come to their knowledge, relating to
the government, revenues, or interefi:, of the faid united com-
pany ; and the faid governor-general and council for the time
being fhall, and they are hereby direded and required to pay
due obedience to all fuch orders as they fhall receive from the
court of diredlors of the faid united company, and to correfpond,
from time to time, and conflantly and diligently tranfmit to the
faid court an exadl particular of all advices or intelligence, and
of all tranfa6tions and matters whatfoever, that fhall come to
their knowledge, relating to the government, commerce, reve-
nues, or intereft, of the faid united company ; and the court of
diiedors of the faid company, or their fucceflbrs, (hall, and they
are hereby dire6ied and required, from time to time, before tViQ
expiration of fourteen days after tiie receiving any fuch letters
or advices, to give in and deliver unto the high treafurer, or
commiiTioners of his Majefly's treafury for the time being, a
true and exad copy of fuch parts of the faid letters or advices as
fhall any way relate to the management of the revenues of the
faid company ; and in like manner to give in and deliver to one
of his Majefly's principal fecretaries of ftate for the time being,
a true and exa6l copy of all fuch parts of the faid letters or
advices as (hall any way relate to the civil or military aflairs and
government of the faid company ; all which copies (hall be
fairly written, and (liall be figned by two or more of the directors
of the faid company.

X. And it is hereby further ena6led. That Warren Hajiitigs Names of the
efquire fl^all be the firlf governor-general; and that lieutenant- fifi^ governor-
general John Clavering^ the honourable George Monfon^ Richard coun'f^n ^
Barwell efquire, and Philip Francis efquire, fhall be the four firft vvho fliall con-
counfellors; and they, and each of them, fliall hold and continue tinue in office
in his and their refpedive offices for and dyring the term of five ^^^ years after

Vol, XXX. K y^,^^ ihtiranivalac

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13^ Anno decimo tertio Georgii III. c. 63. [^773-

Fort WilHam years from the time of their arrival at Fort William in Bengal^
m Bengal. ^^^ taking upon them the government of the faid prefidency,
and fhall not be removeable, in the mean time, except by his
Majefty, his heirs and fucceflbrs, upon reprefentation made by
the court of directors of the faid united company for the time
being : and in cafe of the avoidance of the office of fuch gover-
nor-general by death, refignation, or removal, his place (hall,
during the remainder of the term aforefaid, as often as the cafe
fllall happen, be fupplied by the perfon of the council who
ftands next in rank to fuch governor-general j and, in cafe of the
death, removal, refignation, or promotion, of any of the faid
council, the dire6lors of the faid united company are hereby
impowered, for and during the remainder of the faid term of live
years, to nominate and appoint, by and with the confent of his
Majefty, his heirs and fucceflbrs, to be fignified under his or
their fign manual, a perfon to fucceed to the office fo become
vacant in the faid council; and, until fuch appointment fhall be
made, all the powers and authorities vefted in the governor-
general and council (liall reft and continue in, and be exercifed
and executed by, the governor-general and council remaining
and furviving; and from and after the expiration of the faid term
of five years, the power of nominating and removing the fuc-
ceed ing governor-general and council Ihall be vefted in the
directors of the faid united company.
Time when XI. And be it further enaded by the authority aforefaid,

the provifions Xhat the faid feveral provifions, relating to the faid governor-
^overnor^and'' g^^^^^^ ^"^ Council, (hall commence and take place from and
council (hall immediately after the time that publick proclamation Ihall be
commence. made of the arrival of the faid governor-general and counfellors
herein-before appointed, or any three of them, at Fori WiUiam
in Bengal'^ which proclamation the faid governor-general and
council are hereby required to make.
The company XII. Provided always. That nothing in this acl: fhall extend,
may appoint qj- \^q conftrued to extend, to prevent, controul, or reftrain the
officers in ^^j^ united company froin conPiiruting and appointing fuch
forrntr a8s officers, fadors, or agents, as ti-icy (lial! think, proper and necef-
cr charters, fary, by virtue or in purfuance of any powers, rights, or privi-
leges, granted to them by any former acl or ads of parliament,
or by any charter or charters, for managing, conducting, and
tranfading the trade and coirimierce of the faid company, at and .
within the faid prefidency oi Fort William in Bengal,
H^s Maiefiy XIII. And whereas his late majejly King George the Second did,

may, by char- by his letters patent^ bearing date at Weftminfter the eighth day of
ter or letters January, in the tiventy-fixth year of his reign^ grant unto the faid
^^r^^^'V united company of merchants of England trading to the Eaft Indies

preme court ^^'^^ ^'^J^'^^ charter^ thereby^ amongjt other things^ confituting and
of judicature efabifnng courts of civil ^ criminal, and ealefiajlical jurifdi^ion^ at
at Fort the faid united cQUiponys refpeffive fetthmcnts at Madras-patnam,

Wiiliara, &c. go^^bay, on the if and ^/Bombay, c7/7<:'/ fort William in Bengal ;
which f::id charier does ?iot fif'icieniJy provide for the due adminiflra-
tion of jufiice in fuch manner as the flat e and condition of the company s
3 prefdency

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1773-] Anno decimo tertio Georgii TIL C. 6^. 131

preftdency ofYort William in Bengal, y^ long as the /aid coinpany
Jhall continue in the pojfejjion of the territorial acquifitions before
mejitiojted^ do and muft require , be it therefore enadted by the
authority aforefaid, That it fhall and may be lawful for his Ma-
jefty, by charter, or letters patent under the great feal of Great
Britain^ to ere<5l and eftablifli a fupreme court of judicature at
Fort William aforefaid, to confift of a chief juftice and three other to confif^ of a
judges, being barrifters in England or Ireland, of not lefs than chief juftjce
five years ftanding, to be named from time to time by his Ma- ^"^ J judges,
jefty, his heirs and fucceffors ; which faid fupreme court of judi-
cature (hall have, and the fame court is hereby declared to have,
full power and authority to exercife and perform all civil, crimi-
nal, admiralty, and ecclefiaftical jurifdi6lion, and to appoint fuch
clerks, and other minifterial officers of the faid court, v^ith fuch
reafonable falaries, as fliall be approved of by the faid governor-
general and council ; and to form and eftablifli fuch rules of
pradlice^ and fuch rules for the procefs of the faid court, and to
do allTuch other things as fhall be found neceflary for the ad-
miniftration of juftice, and the due execution of all or any of the
powers which, by the faid charter, (hall or may be granted and
committed to the faid court \ and alfo Ihall be, at all times, a
court of record, and (hall be a court of oyer and terminer, and
goal delivery, in and for the faid town of Calcutta^ and fadory
of Fort William in Bengal aforefaid, and the limits thereof, and
the fadories fubordinate thereto.

XIV. Provided neverthelefs, and be it further enadled by the Extent of the
authority aforefaid. That the faid new charter which his Majefty junfdiaion
is herein-before impowered to grant, and the jurifdidion, j^J^j^^l^^^^^^^
powers, and authorities, to be thereby eftablifhed, fhall and may charter j
extend to all Britijh fubjeds who fliall refide in the kingdoms

or provinces of Bengal^ Bahar^ and Orifja^ or any of them, under
the protedion of the faid united company ; and the fame char- and of the
ter (hall be competent and effedual : and the fupreme court of ^^^P^'^^me court
judicature therein, and thereby to be eftabhQied, fhall have fuH ol judicature,
power and authority to hear and determine all complaints againft
any of his Majefty's fubjedls for any crimes, mifdemeanours, or
opprefTions, committed, or to be committed \ and alfo to enter-
tain, hear, and determine, any fuits or adions whatfoever, againft
any of his Majefty's fubjeds in Bengal^ Bahar^ and Orijfa^^^nd
any fuit adion or complaint, againft any perfon, who (hall, at
the time when fuch debt, or caufe of adion or complaint, (liall
have arifen, have been employed by, or fhall then have been,
diredly or indiredly, in the fervice of the faid united company,
or of any of his Majefty's fubjeds.

XV. Provided alfo. That the faid court (hall not be compe- Supreme
tent, to hear, try, or determine, any indidment or information court to hear
agaii^ft the faid governor-general, or any of the faid council ^^^ f^^,t\^^^^^^^
the time being, for any offence (not being treafon or felony) and infor^ia.
which fuch governor-general, or any of the faid council, ftialhions.

or may be charged with having committed in Bengal^ Bahar^
suid Oriffa.

^ K 2 XVL Pro-

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132

Limitation of
a6lions before
the laid court.

The gover-
nor-general,
council, Sec.
not (ubjedl to
be arrelted or
imprifoned.
Appeal may-
be made to
his Majelly
in council.

So mnch oF
the charter
granted by
Geo. 2 (fhould
a new charter
be granted) to
be rcDC-iled ;

ctixerwiTe to
be in full
torct.

All records
and munl-

Anno decimo tertio Georgii IIL C.63. [1773.

XVI. Provided alfo, and be it enaded, That the faid fupreme
court (hall hear and determine any (uits or anions whatfoever
of any of his Majefty's fubjecls, againft any inhabitant of hdia
refiding in any of the faid kingdoms or provinces of Bengal^
Bohar^^ or OriJ[a^ or any of them, upon any contrad or agree-
ment in writing entered into by any of the faid inhabitants
with any of his Majefty's faid fubjedls, where the caufe of adion
Ihali exceed the fum of five hundred current rupees; and where
the faid inhabitant Ihall have agreed in the faid contra^, that,
in cafe of difpute, the matter (liall be heard and determined in
the faid fupreme court ; and all fuch fuits or adions may be
brought, in the firft inflance, before the faid court, or by appeal
from^ the fentence of any of the courts eftablifhed in the faid
provinces, or any of them.

XVI. And it is hereby further enaded and provided, That
nothing in this ad fliall extend to fubjea the perfon of the go-
vernor-general, or of any of the faid council or chief juftice and
judges refpeaively for the time being, to be arrefted or imprifon-
ed upon any a6\ion, fuit, or proceeding in the faid court.

XVIII. And be it further enacted by the authority aforefaid.
That it fhall and may be dire6led, in and by the faid new char-
ter which his Majefty is herein-before impowered to grant, that
in cafe any perfon or perfons whatfoever (hall think himfelf,
herfelf, or themfelves, aggrieved by any judgement or determi-
nation of the faid fupreme court of judicature, to be eflrablirtied
as aforefaid, he, (he, or they, fhall and may appeal from fuch
judgement or determination to his Majefty in council, his heirs
or fucceffors, within fuch time, in fuch manner, and in fuch
cafes, and on fuch fecurity, as his Majefty, in his faid charter^
fhall judge proper and reafonableto be appointed and prefcribed,

XIX. And be it further enabled by the authority aforefaid^
That fo much of the faid charter, granted by his faid late Ma-
jefty, as refpeds or relates to the eftabliftiment of the mayor's
court at Calcutta aforefaid, in 'Bengal^ or to the civil, criminal,
or eccleliaftical jurifdidion thereof, in the faid united company's
fettlement there, or the fubordinates thereunto belonging, in
cafe a new charter fhall be granted by his Pvlajefty in purfuance
of this ad, and fnall be openly publiftied at FortUVilllam afore-
faid, from and immediately after fuch publication, (hall ceafe,

' determine, and be abfolutely void, to all intents and purpofes :
but neverthelefs, the faid charter, fo granted by his faid late
Majefty, (hall, in alt other refpeds, and as for and concerning;
all or any other of the faid company's principal prefidencies or
fettlements to which the fame relates, or to any fadories or
places now or hereafter to be fubordinate to fuch principal fet-
tlements, continue, be, and remain in full force and virtue, ac-
cording to the true intent and meaning thereof, and that as
fully and effedually, to all intents and purpofes whatfoever, as
if this ad had never been made, or fuch new charter as afore-
faid fhould never have been granted.

XX. And be it further enaded by the authority aforefaid.

That

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1 773-] ^nno decimo tertio Georgii III. c. 63: 133

That all the records, muniments, and proceedings whatfoever, ments belong,
of and belonging to the faid mayor's court at Calcutta aforefaid, |^f ^^"^.,3 ^^
or to the courts of oyer and terminer and gaol delivery at Fort ^^ Calcutta,
William aforefaid, efts>bh(hed by the faid charter of his faid late &c. to be de-
Majefty, ftiall, from and immediately after fuch court of judica- Hvered to, and
ture, which his Majefty is herein-before impowered to ^^^^^ [|[e ng^^cour^t
(hall be eftablifhed at Fort William as aforefaid, be dehvered
over, preferved and depofited for fafe cuftody, in the faid new
court of judicature, to which all parties concerned (hall and may
refort and have recourfe, upon application to the faid court.

XXL And be it further ena6ted by the authority aforefaid. Salaries efta-
That during fuch time as the territorial acquifitions fliall re- hliOied to the
main in the poflefTion of the faid company, the court of directors neral?councr^^
of the faid united company fhall, and they are hereby required chief'jutHce, *
to dired, and caufe to be paid, certain and eftablifhed falaries to and judges,
the governor- general, and to each of the council of the faid
united company's prefidency of Fort William in BengaU and to
the chief juliice and each of the judges of fuch fupreme court of
judicature at Fort William^ as (hall be by the faid new charter
eftablifhed j (that is to fay,) to the governor-general twenty-five
thoufand pounds by the year, and to each of the council of the
faid united company's prefidency of Fort William in Bengal ten
thoufand pounds by the year; and to the chief juftice eight
thoufand pounds by the year ; and to each of the judges of the
faid fupreme court of judicature, at Fort William^ fix thoufand
pounds by the year : and that fuch falaries (hall be paid and pay-
able to each and every of them rcfpedlively for the time being
out of the faid territorial acquifitions in the kingdoms of Bengal^
Bahar^ and Oriffa.

XXII. And be it further enaded by the authority aforefaid. When fuch
That the falaries of fuch governor- general and council, and of ^^^^"^s fhall
fuch chief juftice and judges, of fuch fupreme court of judica- ^^"^"^®"^^*
ture as aforefaid, (hall take place and commence in refpedt to all

fuch perfons who (hall be refident in Great Britain at the time
of their appointment, upon, and from the day on which fuch
perfon (hall embark from Great Britain ; and that the falaries of
all fuch perfons who fliall, at the time of their appointment, be
refident in Lidia^ fhall commence and take place from and after
their refpedively taking upon them the execution of their office
as aforefaid; and [hat all fuch falaries to fuch governor-general
and council^ and of fuch chief juftice and judges, fhall be in lieu
of all fees of office, perquifites, emoluments, and advantages,
whatfoever ; and that no fees of office, perquifites, emoluments,
or advantages whatfoever, fhall be accepted, received, or taken
by fuch governor general, and council, or by fuch chief juftice
and judges as aforefaid, or any of them, in any manner, or On
axiy account or pretence whatfoever, other than fuch falaries
and allowances as are in and by this ad directed to be paid to
them refpedively.

XXIII. And be it further enabled by the authority aforefaid, ^^^ ^e^i^eTa'l
That no governor-general, or any of the council of the ^aid q/jI^^^I^^^-'J^ "

K 2 united fliall not ac-

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I3'^ Anna decimo tertio GeoRgii III. c.63: [1773,

ceptof any united company's prefidency oi Fort William in Bengal^ or any

pre enc, chief juftice, or any of the judges of the fupreme court of judi^

cature at Fort William aforefaid, {hall, diredJy or indiredly, by

themfelvesj or by any other perfon or perfons for his or their

nfe, or on his or their behalf, accept, receive, or take, of or

from any perfon or perfons, in any manner, or on any account

whatfoever, any prefent, gift, donation, gratuity, or reward,

pecuniary or otherwife, or any promife or engagement for any

nor be con- prefent, gift, donation, gratuity, or reward ; and that no gover-

cerned in any nor-general, or any of the faid council, or any chief juftice or

by way o'f'' '^"^^^^ ^^ ^^^^ ^^^^ ^°"^^' ^^^^ ^^^^y °"' ^^ Concerned in, or have
traffick. any deahng or tranfadtions, by way of traffick or commerce of

any kind whatfoever, either for his or their ufe or benefit, profit
or advantage, or for the benefit or advantage of any other perfon
or perfons whatfoever, (the trade and commerce of the faid
united company only excepted j) any ufage or cuftom to the
contrary thereof in any-wife notwithftanding.
No perfon XXIV. And be it further ena6led by the authority aforefaid

or mSv'''^ '^^'^ ^'""^ ^""^ ^^^^' ^^^ ^'^ "^^y ^^ ^^-"^^' ^^^^ thoufand feven
office under h^n^^^^ ^nd feventy-four, no perfon holding or exercifing any
the crown, Civil or military office under the crown, or the faid united com-
(liall accept pany in the Eajl Indies^ (hall accept, receive, or take, diredly or
orlfamkl'''' i^^'^^^^^Y^ ^Y i^i^felf, or any other perfon or perfons on his
^ ^' behalf, or for his ufe or benefit, of and from any of the Indian
princes or powers, or their minifiers or agents, (or any of the
natives o^ Afia) any prefent, gift, donation, gratuity, or reward,
pecuniary or otherwife, upon any account, or on any pretence
whatfoever; or any promife or engagement for any prefent, gift,
donation, gratuity, or reward: and if any perfon, holding or
exercifing any fuch civil or military ofiice, (hall be guilty of any
fuch offence, and (hall be thereof legally convided in fuch fu-
preme court at Calcutta^ or in the mayor's court in any other of
the faid united company's fettlements where fuch-ofFence fhall
have^ been committed ; every fuch perfon, fo convided, fhall
^ forfeit double the value of fuch prefent, gift, donation, gratuity,

or reward, fo taken and received ; one moiety of which forfei-
ture fhall be to the faid united company, and ihe other moiety
to him or them who fliall inform or profecute. for the fame; and
alfo fhall and may be fent to £;?^V^/;^, by the order of the j^over-
nor and council of the prefidency or lettlement where the of-
fender {hall be convicfted, unlefs fuch perfon fo convi6led (liall
give fufiicient fecurity ro remove him or themfelves within
twelve months afrer fuch convidion.
Connjellors, XXV. Provided always, and be it further enaclcd by the au-

furecons7and ^^^^^^i^Y a^'orefaid, That nothing herein contained, (hall extend,
ch^i'piainsVex^ ^^ ^^ confirued ro extend, to prohibit or prevent any perfon or
cepud. perfons who fhall carry on, or exercife the profeflion of a coun-

fellor at law, a phyfician, or a furgeon, or being a chaplain,
from accepting, taking, or receiving any itts^ gratuities, or re-
wards, in the way of their profefiion.

XXVI. And it is hereby further enadled by the authority

aforefaid.

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I773-] Anno decitno tertio GeoRGII III. C.63. i35

aforefaid, That every fuch prefent, gift, gratuity, donation, orThecom-

reward, accepted, taken, or received, and all fuch dealing or pany may pro.
tranfaaion, by wa> of traffick or commerce, of any kind ^^^^-J'^^,^ '"'
foever, carried on, contrary to the true mtent and meaning ot^-^f^^^^^n

this a6t, (hall be deemed and conftrued to have been received, waiving for-
taken, had, and done, to and for the fole ufe of the faid united feimres.
company ; and that the faid united company, upon waiving all
penalties and forfeitures, fhall and may fue and profecute for the
recovery of the fame, or the full value of fuch prefent or gift, or
the profits of fuch trade refpedively, together with intereft, at
the rate of five pounds per centum per annum^ from the tiirie of
fuch prefent, gift, gratuity, donation, or reward, being received,
or of fuch dealing or tranfaaion, by way of traffick or com-
merce, as aforefaid, by a6tion, for money had and received to
the ufe of the faid company.

XXVII. And be it further ena61ed by the authority aforefaid, No coHeaor,
That from and after the firft day of Aiiguji, one thoufand feven £"P^[^'^^J"^ "
hundred and feventy-four, it (hall not be lawful for any collec- ^^^^^ by way
tor, fupervifor, or any other of his Majefty's fubjedls, employed of traffick.
or concerned in the colledtion of the revenues, or the admini-

ftration of juftice, in the provinces of Bengal^ Bahar^^ or Orijfa^
or their agents or fervants, or any perfon or perfons in truft for
them, to buy any goods, wares, merchandife, or other commo-
dities whatfoever, by way of traffick or trade, at any place
within the provinces of Bengal^ Bahar^ and OriJJa^ and to
fell the fame again, or any part thereof, at the place where
he or they bought the fame, or at any other place within
the faid provinces refpe6trvely ; and it fhall not be lawful
for any of his Majefly's fubjedls in the faid provinces, to
engage, intermeddle, or be any way concerned, direcSlly or
indiredly, in the inland trade, in fait, beetlenut, tobacco,
or rice, except on the account of the faid united company,
on pain of forfeiting all fuch goods or commodities which he
fhall fo buy and fell again, by way of traffick, or in which he
fhall fo trade; and alfo treble the value thereof; one moiety to
the faid united company, and the other moiety to him or them
who will fue for the fame, in the faid fupreme court; and every
fuch perfon, on convi6lion, (liall, moreover, be liable to be fent
to England^ by fuch order as aforefaid, unlefs he or they fliall
give iufficient fecurity to remove hira.. or themfelves, within
twelve months after fuch convi6\ion.

XXVIII. Provided always, That nothing herein contained Not to retrain
fliall extend, or he conl^rued to extend, to prohibit or reftrain j^'f^.^'^^^'i'^^^y^s
any of his Majefty's fubje6ts, or any perfon or perfons whatfo- herein pro-!^
ever, (except fuch perfons as are by this a6t prohibited andhibited:
retrained from being concerned in trade) from carrying on or
exercifing any trade or trafiick within Fort William^ and the

town of Calcutta,

XXIX. Provided neverthelefs, and be it enacted by the au- Not to extend
thority aforefaid, That nothing herein contained Ihall extend, or !^^ outitand-
be conftrued to extend, to prohibit or prevent any fuch P'^'''Oa [^^^^^|J^^'^^'^^;^

K 4. or '

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tion lake
place

136 Anno decimo tertio Georgii III. c.63. [1773.

chsodvCes pof- or perfons who is, are, or fliall be hereby reftrained from carry-
Meci by per- ing on sny trade, or being concerned in the buying or felling
fuch pfo^^rbi- ^^y goods, \A?ares, merchandifes, or other commodities whatfor
ever, by way of traffick or trade, as aforefaid, or from 'being any
way concerned in the inland trade in fair, beetlenut, tobacco, or
rice, from colledling in their outftanding debts, or from felhng
and difpofing of the goods, wares, mercharidifes, efFeds, and
ftock in trade, of which fuch perfon or perfons fhall feverally he
poifelTed, at the time when fuch prohibition (haJl refpe6tively
take place, fo as each fuch perfon or perfons who, by this a6t
is, are, or Oiall be fo reftrained, dial!, and each and every of
them refpe6lively do, deliver in to fuch governor-general and
council of the provinces oi Bengal^ Bahar^ and Or'iJJa^ aforefaid,
within thirty days from the time when fuch reftridfion, and pro-
hibition fhall take place, as aforefaid, a full, true, and juft fpeci- ,
fication, upon oath, of the goods, wares, and merchandifes,
efiedls, and ftock in trade, of which he or they (hall be at that
time fo refpec^tively poileffed ; and fo as fuch perfon or perfons
fhall and do fell and difpofeof fuch goods, wares, merchandifes,
effeds, and ftock in trade, within the fpace of nine months after
^ fuch reftridion and prohibition, as aforefaid, (ball commence
-and take place ; and fo as no new trade or concern in commerce
or merchandife be entered into, contradled for, or carried on, by
fuch perfon or perfons.

XXX. And be it further enacled by the authority aforefaid.
That no fubjed of his Majefty, his heirs and fucceflbrs, in the
E'lft Indies^ (liall, upon any contrail which fhall be made from
and after the faid firft day of Augujl^ one thoufand {tMtn hun-
dred and feventy-four, take, diredly or indirectly, for loan of
any monies, wares, merchandife, or other commodities what-
foever, above the value of twelve pounds for the forbearance of
one hundred pounds for a year; and fo after that rate for a
greater or lefs fum, or for a longer or Ihorter time ; and that
all bonds, contradts, and affurances whatfoever, made after the
time aforefaid, for payment of any principal or money to be lent
or covenanted to be performed upon, or for any ufury where-
upon or v^hereby there fliall be reierved or taken above the rate
of twelve pounds in th.e hundred, as aforefaid, fhall be utterly
vo d : and all an every fuch perfon or perfons whatfoever who
(hall, after the rime aforefaid, upon any contra6l to be made
afer the faid firil: d^y oi AnguJ}^ one thoufand {tMQ[\ hundred
and feventy-tour, take, acctpt, and receive by way or means of
any corrupt bargain, loan, exchange, (hif% or interefl: of any
waies, nerchandife?, or other thing or things whatfoever, or
by any deceitful way or mean, or by any covin, engine, or
deceitful conveyance, for the forbearino; or giving day of pay-
ment for one whole year, of and for their money or other thing,
above the fum of twelve pounds for the forbearing of one hun^
dred pounds for a year, and fo after that rate for a greater or
jelll^r fum, or for a longer or fliorter term, Ihall forfeit and lofe,
for c^"t.'ry fuch ofF^^ncc, treble the v^lue or ^he monies, ware^,

No perfon
fhail take, on
loan of mo-
nies, above
the rate of
12 per cent.
ptr annum*

Perfon? by
Lo^'ii> aLC:;pt-

tor ty ry <-^f-
iH.-rr, i-fbie
trie V4iue j

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1773-] Anno dcclmo tertio Georgii III. C.63. 137

merchandifes, and other things fo lent, bargained, exchanged,
or fhifted, with cofts of fuit, one moiety whereof (liall be to^he One moiety
faid united company, and the other moiety to him or them who to go to the
will fue for the fame in the faid fupreme court of judicature at company.
Fort William in Calcutta^ or in the mayor's court in any other of ^"^ ^^^^ ^^^^^^
the faid united company's fettlements where fuch offence (hall cutor!^^ "
have been committed, by a6lion of debt, bill, plaint, or infor-
mation in which no efToin, wager of law, or protedlion, fhall be
allowed ; and in cafe no fuch adion, bill, plaint, or information,
fhall have been brought and profecuted with effecSi: within three
years, that then it fliall and may be lawful to and for the party
aggrieved to fue and profecute for recovery of all fums of money
paid over and above fuch rate of intereii.

XXXI. And be it further enaded. That no informer or Perfons mak.
plaintiff {liall or may compound or agree with any perfon or ing compofi-
perfons that fhall offend, or Ihall be furmifed to offend, againfh ^^^"^ contrary
this adt, for any offence committed, or pretended to be com- [n '^^f [h^^'^^
mitted, before anfwer made in the faid fupreme court, untoadf ^ ^
the information or fuit in that behalf exhibited or profecuted

nor after anfwer, but by the order or confent of the faid court^

on pain that if any perfon or perfons (hall offend in making of

any compofition or agreement, contrary to the true intent^and

meaning of this a6l, or (hall by colour or pretence of procefs, or

without procefs, upon colour or pretence of any matter of

offence againft this ad, make any compofition, or take any

money, reward, or promife of reward, for himfelf, or to the ufe

of any other, without order or confent of the faid court ; that h'able to be

then, he or they fo offending, being thereof lawfully convic'fed, imprifoned at

fhall, for every fuch offence, be liable to be fined and imprifon- ^^^ difcretion

ed, at the difcretion of the faid court. ^^ ^^^ ^°"^^-

XXXII. And be it further enaded by the authority afore- Perfons who
laid, That from and after the faid firft day of Auguji^ one "^^y be dif.
thoufand feven hundred and feventy-four, it (liail not be law- "^^^^^ ^^^
ful for any perfon or perfons whatfoever, who (hall have been ^^^^"^"^^'^^
difmifled from, or (hall have voluntarily refigned, the fervice q£- ^^ 'S"> ^^^c.
the faid united company, or for any free merchant, free mariner

or other perfon, whofe covenants or agreements with the faid

united company for refiding or trading in India (hall be expired,

from thenceforth to carry on or be in any-wife concerned in any

trade, traffick, merchandife, or commerce whatfoever, in the

Eaft Indies, other than for the difpofal of his or their (iock in not to be con

hand, without the licence of the faid united company, or the ^^'-f^^^i in any

governor-general and council of the prefidency of Fort WiUiam ^''^^^'^'

in Bengal, or the prefident and council at the place or fettlement d'l^^-^l"^" ^°^

where (uch perfon or perfons fliall rellde for that purpofe, firft ilock m hand.

had and obtained.

.XXXni. And be it further ena6led by the authority afore s f

faid. That from and after the faid firft day oiAuguJl, one thou- thrcom'pany
fand feven hundred and feventy-four, if any of his MajelH's Profecuted for
fubjeds in India, employed by, or in the adual fervice of the ^^^^^^^^ of
feid united company, fliall be charged with ^nd profecuted for cSa^n,

any

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^3^ Anno decimo tertio Georgii III. c. 63. .liy?^.

to be fined or any breach of publick truft, or for embezzlement of publick
ll^e^dffcrefbn "^^^^^^ ^^ ^""^^^^ ^^ ^°^ defrauding the faid united company ;
of the court. ^^^^^ ^^^^} offender, being convided thereof, in the faid fupreme
court of judicature, or in any court of judicature in any other
prefidency or fettlement in India^ may be fined and imprifoned,
and adjudged to be for ever after incapable of ferving the faid
united company, at the difcretion of the court before wl^'ch he
dial! be tried ; and immediately after the fentence of fuch court
fliall have been executed and inflided, (hall and may be fent
over to England^ by fuch order, and in fuch manner, as is here-
in-before mentioned and direded, unlefs he (hall remove him-
felf wjithin twelve months, and in the mean time give fufficient
fecurity fo to do.
Offences to be XXXIV. And be it further enacted by the authority afore-
tltrw2^'''^^ ^aid. That all ofFences and mifdemeahours which (hall be Jaid,
fubjeaL ^ried,^ and enquired of in the faid fupreme court, fhall be tried

by a jury of Britijh fubjeds refident in the town of Calcutta^ and
not otherwife.
The com- XXXV. And be it further enaded by the authority afore-

coIJfp^n^d or ^^^^' ^^^^^ ^^^^^ any judgement of the faid fupreme court of judi-
diicharge ien- mature, or of any court of judicature at any of the faid united
tences of the company's fettlements, againft any of the faid united company's
fupreme fervants, civil or military, for any debt or penalty, due or be-

court, &c. longing to the faid united company, (hall be made known to the
court of dire(5lors for the time being of the faid united com-
pany, it (hall not be lawful to releafe or compound fuch f6n-
tence or judgement, or to releafe, difcharge, or put a ftop to any
profecution, fuit or adtion, commenced or to be commenced,
for carrying on any illicit trade, or for any debt or penalty due
to the faid united company, or to reftore any fefvant or fervants
whatever of the faid company, who (hall have been removed or^
dimi(red from his or their office or employment, for or upon
account of any mifbehaviour, without the confent of three parts
in four of the faid court of dire6lors, to be taken by ballot, and
alfo the confent of three parts in four in number of the pro-
prietors of the faid united company, who fhall be prefent, and
give their votes by ballot, to be taken at a general court to be
fpecially called for that purpofe, and of which fourteen days
publick notice, at the leaft, Hiall be given before the holding
the fame, and of the particular occafion for which fuch general
court fhall be called.
Governor-ge- XXXVI. And be it further enacled by the authority afore-
neral and faid, That it fliall and may be lawful for the governor-general
council may ^^^ council of the faid united company's fettlement at Fort
n-Qubtio^ns as ^^'^^^^^^^^ ^^ Bengal^ from time to time, to make and iffue fuch
may appear rules, ordinances, and regulations, for the good order and civil
ju(t3 government of the faid united company's fettlement at Fort

IVilliam aforefaid, and other faiflories and places fubordinate, or
to be fubordinate thereto, as (hall be deemed juft and reafon-
able, (fuch rules, ordinances, and regulations, not being repug-
nant to the laws of the realmj and to fet, impofe, inflid, and

levy,

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1773'] Anno declmo tertio Georgii III. c. 63. i^g

levy^ reafonable fines and forfeitures for the breach or non-
obfervance of fuch rules, ordinances, and regulations; but which fhall
neverthelefs the fame, or any of them, fhalJ not be valid, or of "ot be valid
any force or effed, until the fame (hall be dqly regiftered and "f)5^' ^fy 'f
pubhfhed in the faid fupreme court of judicature, which (hall be, fupremV''
by the faid new charter, eftablifhed, with the confent and appro- court,
bation of the faid court, which regiflry fhall not be made until
the expiration of twenty days after the fame fhall be openly pub-
lifhed, and a copy thereof affixed in fome confpicuQus part of
the court-houfe or place where the faid fupreme court fliall be
held ; and from and immediately after fuch regiftry as aforefaid,
the fame (hall be good and valid in law ; but neverthelefs, it Appeals may
fhall be lawful for any perfon or perfons in India to appeal there- be made to
from to his Majefty, his heirs or fucceflbrs, in council, who are*^^ King.iii
hereby impowered, if they think fit, to fet afide and repeal any mTJ'^eped'^
fuch rules, ordinances, and regulations refpeaively, fo as fuch fuch rules §
appeal, or notice thereof, be lodged in the faid new court of
judicature, within the fpace of fixty days after the time of the
regiftering and publi(hing the fame; and it (hall be lawful for
any perfon or perfons in England to appeal therefrom in like
manner, within fixty days after the publifhing the fame in Eng-
land ^ and it is hereby directed and required, that a copy of all and a copy of
fuch rules, ordinances, and regulations, from time to time, as ^^1 ^eg"^^-
thefame (hall be fo received, (hall be affixed in fome confpi- ^'°"^ ?^ ^^ *^"
cuous and publick place in the India Houfe, there to remain and indii HouL
be reforted to as occafion (hall require ; yet neverthelefs, fuch
appeal (hall not obftru6t, impede, or hinder the immediate exe-
cution of any rule, ordinance, or regulation, fo made and
regiftered as aforefaid, until the fame fhall appear to have
been fet afide or repealed, upon the hearing and determina-
tion of fuch appeal,

XXXVII. Provided always, and be it enaded by the au- Governor-ge-
thority aforefaid, That the faid governor-general and council neral and
(hall, and they are hereby required, from time to time, to*^^""^^l^^
tranfmit copies of all fuch rules, ordinances, and regulations, as ^^,^^'^^^^^^.^
they (hall make and iifue, to one of his Majefty's principal rilesVone
fecretaries of (late for the time being, and that it (hall and may of the fecre-
be lawful to and for his Majefty, his heirs and fucce(rors, from tariesof ftatej
time to time, as they (hall think necefTary, to (ignify to the faid
united company, under his or their (ign manual, his or their
difapprobation and difallowance of all fuch rules, ordinances,
and regulations; and that from and immediately after the time which if his
that fuch difapprobation (hall be duly regiftered and publifhed Majefty does
in the faid fupreme court of judicature at Fort William in "?^ ^^^"^^7 ^is
Bengal, ail ^uch rules, ordinances, and regulations, fliall be null of^^fl^Xh^a^e
and void; but in cafe his Majefty, his heirs and fuccelTors, full force,
(liall not, whhin the fpace of two years from the making of
fuch rules,^ ordinances, and regulations, fignify his or tlieir
difapprobation or difallowance thereof, as aforefaid, that then
and in that cafe, all fuch rules, ordinances, and regulations*
(hall be valid and efFedual, and liave full force.

XXXVIII. And

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I40 Anno declmo tertio Georgii III. c. 63. [1773.'

Governor-ge- XXXVIII. And be it further enaded by the authority afore-

neral and faid, That the governor-general and council for the time being

aruftiles of ^^. ^^^ ^^^^ unit^ed company's fettlement at Fort William afore-

peace.^^^^ ° ^^^^' and the chief juPtice and other judges of the faid fupreme

court of judicature, fhall and may, and they are hereby refpec-

tively declared to be, and to have full power and authority to

a6l as juliices of the peace for. the faid fettlement, and for the

feveral fettlements and fadories fubordinate thereto ; and to do

and tranfadl all matters and things which to the office of a

juiVice or juliices of the peace do belong and appertain ; and for

that purpofe the faid governor-general and council are hereby

autborifed and impowered to hold quarter-fefiions within the

faid fettlement of Fort William aforefaid, four times in. every

year, and the fame fhall be at all times a court of record.

If the gover- XXXIX. And be it further ena<fted by the authority aforefaid,

nor- general. That if any governor-general, prefrdent, or governor, or council

prefident, &c. ^^r ^ ^^ ^|^^ j-^j^j company's principal or other fettlements in

commit or- _,.-' , i-r-n- r \ •! r , /...

fences, the Indta^ or the chiet jultice, or any or the judges of the faid
fame may be fupreme court of judicature, to be by the faid new charter eftab-
trkd and de- Jiflied, or of any Other court in any of the faid united company's
termmed in fettlements, or any other perfon or perfons who now are, or
Kino-'s Bench, heretofore have been employed by or in the fervice of the faid
united company, in any civil or military fiation, office, or capa-
city, or who have or claim, or heretofore have had or claimed,
any power or authority, or jurifdiclion, by or from the faid
united company, or any of his Majeliy's fubjedts refiding in
India^ fhall commit any offence againfc this acl, or fhall have
been, or fl^all be guilty of, any crime, mifdemeanour, or offence,
committed againlf any of his Majefty's fubjeds, or any of the
inhabitants of India^ within their refpedive jurifdic^ions, all fuch
crimes, offences, and mifdemeanours, may be refpediveiy en-
quired of, heard, tried, and determined in his Majedy's court
of King's Bench^ and all fuch perfons fo offending, and not hav-
ing been before tried for the fame offence in India^ fhall, on con-
viction, in any fuch cafe as is not otlierwife fpecially provided
for by this ad, be liable to fuch fine or corporal punilhment as
the faid court fhall think fit ; and moreover (hall be liable, at
the difcretion of the faid court, to be adjudged to be incapable
of ferving the faid united company in any office, civil or mili-
tary ; and all and every fuch crimes, offences, and mifdemean-
ours, as aforefaid, may be alledged to be committed, and may
be laid, enquired of, and tried in the county of Mtddlefex,
Manner of XL. /Ind whereas the provifiom made by former lazvs for the

procedure in hearing and determining in England offemes committed in India have
caTes of in- ^^^^^ found intffetiiiaU by reajon cf the difficulty of proving in this
dia-ments and ^•^,,^^^^^ matters done there ; be it further enadted by the autho-'

informations . '^ . ... r^. - \^ c r • r a • r

laid in the rity atorefaid, That in all cales or mdiCtments or mrormatrons,

Kuig's Bench, laid or exhibited in the faid court o{ King's Benck^ for miide-

meanours or offences committed in India^ it (hall and may be

lawful for his Majefly's faid court, upon motion to be made on

behalf of the profecutor, or of the defendant or defendants, to

award

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1773-1 A^"^ dedmo tertlo Georgii III. 0,6^. 141

award a writ or writs o( Mandamus^ requiring the chief judice
and judges of the faid fupreme court of judicature for the time
being, or the judges of the mayor's court at Madrafs^ Bombay^
or Bencoolen^ as the cafe may require, who are hereby refpec-
tively authorifed and required accordingly to hold a court, with
all convenient fpeed, for tlie examination of witneires, and
receiving other proofs concerning the matters charged in fuch
indidments or informations refpedlively ; and, in the mean
time, to caufe fuch publick notice to be given of the holding the
faid court, and to iiTue fuch fummons or other procefs, as may
be requiiite for the attendance of witnefles, and of the agents or
counfel, of all or any of the parties refpedlively, and to adjourn,
from time to time, as occafion may require ; and fuch exami-
nation as aforefaid fball be then and there openly and publickly
taken viva voce in the faid court, upon the refpe6live oaths of
witneflesj and the oaths of fkilful interpreters, adminiftered ac-
cording to the forms of their feveral religions ; and fhall, by fome
fworn officer of fuch court, be reduced into one or more writ-
ing or writings on parchment, in cafe any duplicate or duplicates
fhould be required by or on behalf of any of the parties intereii-
ed, and fhall be fent to his Majefty, in his court o^ King's Bench^
clofed up, and under the feals of two or more of the judges of
the faid court, and one or more of the faid judges (hall deliver
the fame to the agent or agents of the party or parties requiring
the fame ; which faid agent or agents, (or, in cafe of his or
their death, the perfon into whofe hands the fame (hall come,)
fhall deliver the fame to one of the clerks in court of his Ma-
jefty's court of King's Beiuh^ in the publick office, and make oath
that he receiyed the fame from the hands of one or more of the
judges of fuch court in Indiay (or, if fuch agent be dead, in what
manner the fame came into his hands ;) and that the fame has
not been opened, or altered, fince he fo received it, (which faid
oath fuch clerk in court is hereby authorifed and required to ad-
minifter :) and fuch depofitions, being duly taken and returned,
according to the true intent and meaning of this aft, fhall be al-
lowed and read, and fhall be deemed as good and competent
evidence as if fuch witnefs had been prefent, and fworn and
examined viva voce at any trial for fuch crimes or mlfdemean-
ours, as aforefaid, in his MajeAy's faid court of King's Bench^ any
law or ufage to the contrary notwithftanding ; and all parties
concerned fhall be intitled to take copies of fuch depofitions at
their own cofts and charges.

XLI. And be it further enacted by the authority afore- OlTences
faid. That in cafe the faid chief juflice or judges of the faid againft this
fupreme court of judicature, or any of them, for the time being;, ^^, commit-
fliall commit any offence againft this ad, or be guilty of any chieMuftkes
corrupt practice or other crime, offence, or mifdemeanour, in or judges to
the execution of their refpedlive offices, it (hall and may be law- be determined
ful for his Majefty's faid court of King's Bench in England^ upon ^^ ^^^ ^^^^^
an information or indi6lment laid or exhibited in the faid court ge b^*
for fuch crime^ offence.j or mifdemeanour, upon motion to be

made

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142 Anno decimo tertio Georgii III. C. 63. [1773.

made in the faid court, to award Tuch writ or writs of Mandamus^
as aforefaid, requiring the governor- general, and council of the
faid united company's fettlement at i^^r^ William aforefaid, who
are hereby refpedively authorifed and required accordingly to
affemble themfelves in a reafonable time, and to caufe all fuch
proceedings to be had and made as are herein-before refpedively
dire6led and prefcribed concerning the examination of witnefTes ;
and fuch examination, fo taken, (liall be returned and pro-
ceeded upon in the fame manner, in all refpeds, as if the feveral
diredions herein-before prefcribed and enai5led in that behalf
were again repeated.
The Chan- XLIi. And be it further enaded, by the authority aforefaid,

cellor, or That in all cafes of proceedings in parliament, touching any
w!fe of offences againft this ad, or any other offences committed in

commons, ^-"^^^^^ it (hall and may be lawful for the lord high ch^jicellor,
may iffue or fpeaker of the houfe of lords, and alfo for the fpeaker of the
warrants for houfe of commons for the time being, in like manner, to ilTue
don^of wk-^" his or their warrant or warrants to the governor-general and
neflesinlndiaj Council of the faid united company's prefidency of Fori: William^
which fhall be and to the chief juftice and judges of the faid fupreme court
deemed com- of judicature, or the judges of the mayor's court at Madrafs^
denTe^o'both ^^^^^^->'' ^^ Bencoolen, as the cafe may require, for the examina-
houfes of par- ^'^"^ ^^ witnelTes ; and fuch examination fhall be returned to the
liament. faid lord high chancellor, or fpeaker of the houfe of lords, or to

the fpeaker of the houfe of commons refpedlively, and proceeded
upon in the fame manner, in all refpeds, as if the feveral direc-
tions herein-before prefcribed and ena6ted in that behalf were
again particularly repeated ; and every fuch examination, re-
turned either to the lord chancellor, or fpeaker of the houfe of
lords, or to the fpeaker of the houfe of commons, as aforefaid,
Ihall be deemed good and competent evidence, and fhall be al-
lowed and read in both houfes of parliament, or either of them
refpedively, as occafion may require ^ any law or ufage to the
contrary notwithftanding.

XLIIL And whercds^ by the ufage and cujlom of parliament^ no
proceedings by bill in parliament have continuance from one fefion to
another : and whereas it zvould be impraoticable that the examination
taken upon fuch warranty as aforefaid^ could ever be returned ivithin
the ordinary length of a feffion of parliament ; be it enaded by the
No proceed- authority aforefaid, Thar, from and after the firfi day of Novem-
ingsin parlia- /,^^^ one thoufand {^vtn hundred and feventy- three, no pro-
TnTofflnces" feedings in parliament touching any offence committed, or to
in India, to be be committed, in India^ wherein fuch warrant as aforefaid fliall
difcontinued have been iflued, (hall be difcontinued by any prorogation or
by any pro- diffolution of the parliament, but that fuch proceedings may be
rogation. refumed and proceeded upon in a fubfeqaent feflion, or in a fub-
fequent parliament, in either houfe of parliament, in like manr
ner, to all intents and purpofes, as they might have been in
the courfe of one and the fame feffion ; any law, ufage, or
cuftom to the contrary notwithflanding.
XLIV. And vjhereas his Majefiys fubjs^s are liable to he de-
feated

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1 773-1 Anno decimo tertio GisORGil III. G.64. 143

feated of their feveral righis^^ titles^ debts^ dues^ demands^ or fuits^Wnt%(^^yi2.n^

^ for which they have caufe arifng in India againjl other fubje^s of his damus may be

Majefiy ; now. for preventing fuch failure of juflice^ be it further a^^^^ed by

-'X %\ 1 1 •* c r ' 1 r^^t ^1 J r. f"<^ courts at

enaded by the authority aforefaid, I hat when, and as often as weftmir.fter,
the faid united company, or any perfon or perfons whatfoever, when the
fhall commence and profecute any adion or fuit, in law or company
equity, for which caufe hath arifen, or (hall hereafter arife in co'nmence
India^ againft any other perfon or perfons whatever, in any of ^^'^ "-j.^ ,
his Majefty's courts at Weflminfler ^ it fnall. and may be lawful there,
for fuch court refpe6lively, upon motion there to be made, to
provide and award fuch writ or writs, in the nature of a
Mandamus^ or commifllon, as aforefaid, to the chief juftice and
judges of the faid fupreme court of judicature for the time being,
or the judges of the mayor's court at Madrafs^ Bombay^ or
BencooleUy as the cafe may require, for the examination of wit-
neffes, as aforefaid > and fuch examination, being duly returned,
fhall be allowed and read, and fliall be deemed good and com-
petent evidence, at any trial or hearing between the parties in
fuch caufe or adion, in the fame manner, in all refpeds, as if
the feveral diredions herein-before prefcribed and enaded in
that behalf were again repeated.

XLV. Provided neverthelefs, and be it enacted. That no^^J^P^°J]-
fuch depofitions, taken and returned as aforefaid by virtue of ^^i j.^ ^e al-"
this adl, (hall be allowed or permitted to be given in evidence in lowed as evi-
any capital cafes, other than fuch as fhall be proceeded againft dence, in any

in parliament ; any thin^ in this adl contained to the contrary ^^P^'^^^ ^^^^f ,

5 -.un. A'^ -^ not proceeded

notwithitandmg, againftinpar-

XLVI. And be it further ena6led by the authority aforefaid, liament.
That all and every the rights, interefts, powers, privileges, and The privi-
authorities, which are now vefted in the faid united company of leges of the
merchants trading to the Eaji Indies^ and which are not hereby ^^'^P^"y> ."<^t
exprefsly taken away, altered, or varied, fhall remain to, and (j^^^UenTahi^*
continue in the faid company, in as full and ample a manner, i^ force,
to all intents and purpofes whatfoever, as if this adl had never
been made.

XLVII. And be it further enadled by th_e authority afore- Publick ad.
faid, That this a6t (liall be deemed and taken to be a publick
a6l ; of which notice (hail be judicially taken by all judges,
juftrces, and other perfons whatfoever, without fpecially plead-
ing the fame.

CAP. LXIV.

An a^ for granting to his Majefiy a fum of 7nomy to he raifed
by exchequer bills ; and to be advanced and applied in the
manner^ and upon the terms therein mentioned,^ for the
relief of the united company of merchants of England
trading to the Eaft Indies.

WHEREAS the united company of merchants of England preamble»
trading to the Eaft Indies do at prefent labour^ and have^for
feme time paff^ laboured under great and unufual difficulties in the

carry^

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144 Anno decimo tertio Georgii III. c. 64. [1773.

carrying on of their affairs^ from ivhich it greatly imports the publicky
as well as the f aid united company^ that they foottld^ as fpeedily as pof^
fible^ be relieved : and whereas the [aid company^ finding themfelves
under the neceffity of applying to parliament for relief did^ by their
petition to the houfe of commons^ make application for the loan of one
million five hundred thouf and pounds^ or fo much as Jhould be wanted
to be advanced^ and repaid in fuch manner^ and to be attended with
fuch other conditions and provifions as in their f aid petition is fet forth ^
in confequence whereof the houfe of commons^ came to fever al refolu-
iions^ Jpecifying the terms upon zuhich it might be expedient for the
publick to advance to the faid united company the fum of one million
four hundred thoufand pounds, and the feveral limitations which ought
to accompany fuch loan : and whereas the faid united company did, by
afubfequent petition, declare their deter 7nination to depend on the laws
of their country, and fubmit to the temporary difficulties which may
attend the prefent fituation of their affairs, rather than receive the
loan offered to them upon the conditions prefcribed : and whereas, in
cafe the faid company fl)ould not be forthwith affified by the publick
with the advance of a confiderable fum of money, they would remain
altogether unable to provide for the payment of their debts, fome of
which debts being due to the publick, and others to the governor and
company of the hank ^/England, the payment thereof could not long
be poflponcd without great prejudice to the publick fervice, and difad-
vantage to publick credit, and yet could not be expedited or fecured
other wife than by the ufe of fuch methods as tnujl he .atte?jded with
confe queue es the mofl fatal to the faid united company ^ and, forafmuch
as upon confederation of the feveral matters before mentioned, it ap-
pears abfolutely neceffary that immediate provifion fhould be made by
parliament for giving affijiance to the faid company^ in fuch maimer^
and upon fuch terms, as may be befl calculated for effeBlng the prefer^
votion of the faid united company, and the reefiablifhment of their
■ affairs, without leaving it in the power of the general court of pro-,
prietors, by withholding their conjent to the acceptance of fuch
affiflance, to expofe, at once, each feparate proprietor of Eaft India
Jiock, the company iifelf, the creditors of the company, and the publick y
to all the mij chiefs ivhich mufl attend the ivant of fuch afffanc'e, as
aforfiaid : and zvhereas it hath been refolved that a fum, not exceeding
one million four hundred thoufa-nd pounds, he granted to his Majefiy^
to be applied for the purpofe of relieving the Eaft India Company,
and for fecuring to the creditors of the faid company a more fpeedy
fatisf allien of their demands : now, to the end that no want or failure
may happen or be mode by reafon or means of fuch grant, and the ap-
plication of the fame, in the aids granted, or to be granted^ in this
feffwn of parliament, for defraying the Jeveral publick fervices, and for
anfivering which the faid aids zvere, or may be intended to be applied -^
and, for the better fupplying the faid fum of one million four hundred
thoufand pounds, and applying ihe fame in the moft effeSlual manner
for the purpofes above mentioned-, we your Majefty's moft dutiful
and loyal fubjeds, the commons oi Great Britain, in parliameol;
aftembled, do moft humbly befeech your Majefty that it may be
enadled \ and be it enaded by the King's moft excellent ma*

jefty.

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1773-] ^^"^^^ decimo tenlo Georgii III. c. 64. 145

jefty, by and with the advice and confent of the lords fpiritual
and temporal, and connmons, in this prefent parliament affem-
bled, and by the authority of the fame. That it (hall and may CommifTioii-
be lawful to and for the commiiTioners of his Majefty's treafury, ers oFthe
now and for the time being, or any three or more of them, ory^'^^^Y* ^^'
for the high treafurer for the time being, and- he and they re- ^^J^ are to
fpedively are hereby authorifed and impowered, at any time or caule exche-
times before the firft day of O^ober^ one thoufand feven hun- quer bills, for
dred and feventy-three, by his or their warrant or warrants, to ^'4^0, oool. to
direcft, or caufe to be prepared and made, at the receipt of ^^'s jp^^i^^f ^f^^fj^/*^
Majefty's exchequer, any number of exchequer bills for fuch E^ft India
fum or fums of money as he or they fhall think mod proper company,
and convenient, fo as all the' principal monies to be contained
in the bills fo to be made forth by virtue of this a6t do not ex-
ceed in the whole the faid fum of one million four Hundred
thoufand pounds, (exclufive of^any exchequer bills that are or
may be made forth by Virtue of any other a61 or adts paiTed in '
this fefTion of parliament for the publick fervice ;) and the faid
exchequer bills, fo to be made forth in purfuance of this acfV,
fhall bear an intereft, not exceeding the rate of four pounds per
centum per anfium^ and proportionably for any greater or lefs
fum to be contained therein, to be payable to the bearers thereof
refpecTcively ; which faid exchequer bills (hall be made out in according to
the like manner, form^ and order, and according to the fame or the rules in
like rules and dlredlions, as in and by an 3(51 of this prefent ^^ '^^JV^^^^^
feffion of parliament, intituled. An a^ jor continuing and grant- "* ^^ ^" •^*
ing to hh Majejly certain duties upon nialt^ muni^ cyder^ and
perry ^ for the ferviee of the year one thoufand feven hundred and
feventy-three^ are enaded and prefcribed concerning the ex-
chequer bills authorifed to be made forth in purfuance of the
faid a<5t.

II. And be it it further enaded by the authority aforeTaid, Ciaufes in the?
That all and every the claufes, provifoes, powers, privileges, malr-r;HX nil
advantages, penalties, forfeitures, and difabilities, contained in ^f'.^^^.y^" '^^
the faid laft-mentioned adl, relating to the exchequer bills au-
thorifed to be made out by the fame act, (except fuch claufes

as do charge the fame on the duties granted and contained by
the fame a6l, and except fuch claufes as limit the rate of intereil:
to be paid for the forbearance of the money lent on the credit
of the faid a6l, and alfo except as is herein-after mentioned,)
(hall be applied and extended to the exchequer bills to be made
forth in purfuance of this a6t, as fully and effecflually, to all in-
tents and purpofes, as if the fame exchequer bills had been ori-
ginally authorifed by the faid laft-mentioned ad, or as if the faid
feveral claufes or provifoes had been particularly repeated and
re-enaded in the body of this a6V.

III. Provided always, and be it further enaded by the autho- The exche-
rity aforefaid. That no exchequer bill or bills, to be made outq^^i' ^i'ls ^^vrt
by virtue of this ad, Qiall, after the fame hath or have t»een ['.j'j^^^^ ^^|'^^^"^
iflTued at the receipt of the exchequer, be afterwards, at any time l^^ .^" '
before the fixth day of April^ one thoufand feven hundred and

Vol. XXX. L fevenry-

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146 Anno decimo tertio GeoRGII III. c.64. [1773.

feveaty-nine, received or taken, or pafs or be current, to any
receiver or colledor in Great Britam^ of the cuftoms, excife, or
any revenue, fupply, aid, or tax whatfoever, due or payable to
his Majefty, his heirs or fucceffors, or at the receipt of the
exchequer, from any fuch receiver or colledor, or from any other
perfon or perfons, bodies politick or corporate, otherwife or on
any other account than for the difcharge and cancelling of fuch
biHsj m cafe the fame fhall be in due courfe or order of payment
before the faid fixth day of Jpril^ one thoufand feven hundred
nor be ex- ^^^^ fevetity-nine ; nor (hall any receiver or colle6Lor exchange,
ch.img€<!, at any time, before the faid fixth day of Jpril^ one thoufand
feven hundred and feventy-nine, for any money of fuch reve-
nues, aids, taxes, or fupplies, in his hands, any exchequer bill
or bills which fhall have been ilTued as aforefaid, by virtue of
this ait ; nor (hall any action be maintained againft any fuch
receiver or colledor for negle6ling or refufing to exchange any
fuch bill or bills for ready money before the faid fixth day of
Jpri!^ one thoufand feven hundred and feventy-nine, any thing
in the faid acl made in this feffion of parliament, intituled, J/?
acl for continuing and granting to his Majejiy. certain duties upon-
mclt^ mum^ cyder ^ and perry ^ for the fer vice of the year one thoufand
feven hundred andfeventy-three^ or this a6f, contained to the con-
trary notwithftanding.
Tbecxche- -^^''' ^^^ ^^ *^ further ena6led by the authority aforefaid,

querbilk. That all fuch exchequer bills, together with the interefl, pre-
wkb theiK- mium, rate, and charges incident to or attending the fame, (hall
terei^, &-c to |^^^ ^j^^ ^^^ hereby charged and chargeable upon, and fhall be
..^IJ!!^'"^^ •^. repaid and borne by and out of the monies to be paid into the

on the mO£7?£S r ^ r ? • t\ /r ■ n ? 1 11 -1 r

to be p.-iid into receipt OX his Majeliy s exchequer by the united company of
the esccbeqiser aierchants of England trading to the Eaft Indies^ in the manner,
byU?eEs(^ and at the times, herein-after dire^led and appointed: and in
^'^^'^^''^ Cotii- ^^^g ^^^1^ monies, fo to be paid into the faid receipt of the ex-
chequer, ihali not be fufficient to fatisfy and difcharge all the
principal monies contained in fuch exchequer bills, together
with all the interell, premium, rate, and charges, incident to
and attending the fame, and that fhall incur, and grow due
thereupon before the faid fixth day of Jprily one thoufand {ty^n.
hundred and feventy-nine ; then, and in fuch cafe, the faid ex-
chequer bills, or fuch part thereof as diall remain unfatished and
uncancelled, together with all the interefi: due, or to grow due
thereupon, and all other charges and expences incurred, or to
be incurred, in refpeCc of tl^iC huTie exchequer bills, ^lall be
char2;ed and chargeable upon, and payable out of all or any the
aids or fupplies that ihall or may be granted by parliament, for
the fervice o\ the year one thoufand feven liundred and feven-
ty-nine: and^ in cafe fuiiicient aids or fupplies for that purpofe
fhall not be granted before the fifth day of July^ one thoufand
feven hundred and feventy-nine, then all tiie faid exchequer
bill?, with the intercft, premium, rate, and charges, incident
to or attending the fame, (hall be, and are hereby charged and
chargeable upon fuch monies as at any time or times at or after

6 the

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pany.

I773-] Anno decimo tertio Georgii III. c. 64. 147

the faid fifth day of y^f/j^, one thoufand feven hundred and fe^
venty-nine, Oiall be or remain in the receipt of the exchequer
of the furplufles, exceiTes, overplus monies, and other revenues,
compofing the fund commonly called The Sinking Fund ^ (except
fuch monies of the faid finking fund as are appropriated to any
particular ufe or ufes by any a6t or a6ls of parliament in that
behalf J ) and fuch monies of the faid finking fund fhall and may
be ifTued and applied, as foon as the fame can be regularly flated
and afcertained, for and towards paying off, cancelling, and
difcharging, fuch exchequer bills fo remaining uncancelled and
unpaid, together with the inrerefl:^ premium, rate, and charges^
until the Vv^hole of them fhall be paid off, cancelled, and dif- .
charged, or money fufficient for that purpofe be kept and re-
ferved in the exchequer, to be payable, on demand^ to the re-
fpedive proprietors thereof.

V. Provided always, and be it enaded by the authority afore- Monies Jffued
faid. That whatever monies fhall be fo ifiued out of the faid fur- out of the
pluffes, exceiles, overplus monies, and other revenues, compo- finking found
fing the faid finking fund, (hall, from time to time, be replaced j^ be replaced
by and out of the firft aids or fupplies to be then after granted aids granted.
in parliament.

•VI. And be it further ena6led by the authority aforefaid. Governor of
That it (hall and may be lawful for the governor and company the bank of
of the bank oi Endand to advance or lend to his Majefty, at the K"gland may
receipt of the exchequer, upon the credit of the exchequer bills 1-^^^^^'^^."
directed to be made forth by virtue of this adt, any fum or fums 1,400,000 I. Jtt
of money, not exceeding in the whole the fum of one million the receipt of
four hundred thoufand pounds; any thing in an ad, made in ^^<^^^^°a^^^^'
the fifth and fixth years of the reign of King Williajn and Qiieen
Mary^ intituled, An a^ for granting to their MajejVies fever al rates
and duties upon tonage of fnps and veffeh^ and upon heer^ ale^ and
other liquors^ for feciiring certain reconipences and advantages in the
faid a5l mentioned to fuch perfons as jhall voluntarily advance the fum
of one million five hundred thoufand poiindsy towards carrying on the
war againfi France, to the contrary thereof in any- wife not-
withfi:anding.

VII. Andjorafmuch as it is moji immediately ncccffiry^ as zvell for Manner in
the relief of the faid company as for the benefit of the pnhlick fervice^ vvhich the
that certain debts due from the faid company to the puhlick^ and cer- [fitie^he fafd
tain other debts due from the fiaid company to the governor and com- fam for de-
pany of the bonk ^/England, fijould be without delay difcharged ; it ffaying the
is hereby enacted by the authority aforefaid. That it fiiall and ^^^^^^ ^'^^^^^
may be lawful to and for the faid commiiTioners of the treafury ^^"^^P^"y»
now and for the time being, or any three or more of them, or
the high treafurer for the tim^ being, and he and they is and
are hereby authorifed, direded, and required, to iflue and ap-
ply, or caufe to be ifiued, paid, and applied, at the receipt of
the exchequer, the faid fum of one million four hundred thou-
fand pounds, (direded by this a6t to be railed by making forth
exchequer bills), fo far as the fame will extend towards fatisfy-
ing, paying, and difcharging, fuch debts of the faid company,
■ L 2 m

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H8 Anno decimo tertio Georgii III. c.64. [1775;

in manner following ; (that is to fay), That, out of the faid fum
of one million four hundred thoufand pounds, there fliall, in
the firll: place, be iHued and paid to the receiver-general of his
Majefty's cuftoms all fuch fum or fums of money as are now ^ue
and payable to his Majefty for any cuftom-duties, fubfidies, or
inripofitions vvhatfoever, and fhall be remaining unpaid by the
faid united company ; and, in the next place, there (hall baiflu-
ed and paid out of the faid fum of one million four hundred
thoufand pounds, the fum of one hundred and feventeen thou-
fand three hundred and fourteen pounds, one (hilling, and three-
pence, and feven-twentieth parts of a penny, to fuch perfon or
perfons as the faid commidioners of the treafury now or for the
time being, or any three or more of them, or the high treafurer
for the time being, fhall, by his or their warrant or warrants,
authorife and diredl to receive the fame ; which fum of one hun-
dred and feventeen thoufand three hundred and fourteen pounds,
one (hilling, and three-pence, and feven-twentieth parts of a
penny, by an a^l of the iaft felTion of parliament, was direded
to be paid by the faid united company into the receipt of the ex-
chequer on or before the fifth day o^July^ one thoufand {^Ytvi
hundred and feventy-two, to complete the whole of the monies
due to the publick for making good to the publick the deficien-
cy of the duties on tea for four years ended the fifth day oijuly^
one thoufand feven hundred and feventy-one ; and alfo there
fhall be iiTued and paid unto the fame perfon or perfons the fur-
ther fum of eighty -four thoufand eight hundred and forty-two
pounds eight (hillings and fev^en-pence and two-fifth parts of a
penny, to fatisfy and make good to the publick the deficiency of
the duties on tea on the fifth day oijuly^ one thoufand ^Qytn
hundred and fcventy-two, according to an account made up
and delivered to the chairman of the faid united company, pur-
fuant to the dire6*:ions of the faid Iaft- mentioned a6l ; which faid
fums of one hundred and feventeen thoufand three hundred and
fourteen pounds one {hilling and three-pence, and feven-twen-
tieth parts of a penny, and eighty-four thoufand eight hundred
and forty-two pounds eight ftiillings and feven pence, and two-
fifth parts of a penny, making together two hundred and two
thoufand one hundred and fifiy-fix pounds nine (hillings and
ten-pence three farthings, are intended to be and (hall immedi-
ately be paid back into the faid receipt of the exchequer, and
fliall be applied to the fame ufes and purpofes, to which the
duties on lea paid in there are applicable; which warrant or
warrant? the faid commiffioners of the treafury, now or for the
time being, or any three or more of them, or the high treafurer
for the time being, is and are hereby autliorifed and required to
make out accordingly.

Manner in VIII. Jnd zvhereas there is due and payable from the faid united

company to the publick the further fum of two hundred thoufand

■which the
remainder
the fumgr
cd Oiall be

remainder o p^j^^j^c and one hundred and fixiy-nine thoufand three hundred' and
the turn grain* r'^ ?. , , . . ;-..,/ , -

ninely-eight pounds eighteen fiiltings and tivO'pence^ mailing together
applied. the fum of three hundred and f,xty-nine thoufand three hundred and

ninety--

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1 773*1 Anno decimo tertio GeoRGII III. c. 64. 145^

fiinety-eight pounds eighteen /hillings and two-pence^ purfuant to an
a5l^ made in the ninth year Qf the reign of his prefent Majfjly^ For
carrying into execution certain propofals made by the Eafi India
company^ and the /aid company being alfo greatly indebted to the gover^
nor and company of the hank ^ England /^r monies borrowed for the
fervice of the faid united company \ be it therefore enadied by the
authority aforefaid. That fo much of the faid fum of one million
four hundred thoufand pounds, as fhall remain after the full fa-
tisfadion and payment of the monies due and payable to his
Majefty, for the duties of cuftoms, fubiidies, and impofitions,
aforefaid, and of the feveral fums of one hundred and feventeen
thoufand three hundred and fourteen pounds one (hilling and
three-pence, and feven-twentieth parts of a penny, and eighty-
four thoufand eight hundred and forty-two pounds eight {hil-
lings and feven-pence, and two-fifth parts of a penny, alfo due
from the faid company, to make good the deficiency of the du-
ties on tea, as aforefaid, (hall be applied in manner following:
that is to fay, there fhall be iflued and paid to the governor and
company of the bank of England the fum of fix hundred thou-
fand pounds, in part of the monies due and owing from the faid
united company to the faid governor and company of the bank
of England^ and all the reft, refidue, and remainder of the faid
fum of one million four hundred thoufand pounds, after fatif-
fying and paying all and every the fums herein-before directed
to be paid thereout, (hall remain in the receipt of the exchequer,
for fupplying the before-mentioned fums of two hundred thou-
fand pounds, and one hundred and fixty-nine thoufand three
hundred and ninety-eight pounds eigliteen fiiillings and two-
pence, making together the fum of three hundred and fixty-
nine thoufand three hundred and ninety-eight pounds eighteen
fliillings and two-pence, due and payable from the faid united
company to the publick, purfuant to the faid a6l of the ninth
year of the reign of his prefent Majefty, and (hall be iffued, paid,
and applied, for and towards fuch of the publick fervices as the
faid fums of two hundred thoufand pounds, and one hundred
and fixty-nine thoufand three hundred and ninety-eight pounds,
eighteen (hillings and two- pence, are or may be applicable to,
in the fame manner as if fuch monies had been adually paid
into the faid receipt of the exchequer by the faid united compa-
ny, at the times, and in the manner, prefcribed and directed
by the faid a61 of the ninth year of the reign of his prefent Ma-
jefty ; which feveral fums, fo payable at the exchequer purfuant
to this a6t, Pnall be paid, clear of all fees, charges, or gratuities
whatfoever.

IX. And be it further enacled by the authority aforefaid. How difficult
That the faid united company of merchants of England trading ^i'^s are to be
to the Eaft Indiesy and their fucceftbrs, ft^all, upon the payment ^T^t^"^^.^ ^^
of the feveral fums herein-before direded to be made to the re- the company
ceiver- general of his Majefty's cuftoms, and into the receipt of of their faid
his Majefty's exchequer, be fully exonerated, acquitted, and dif- debts,
charged againft his Majefty, his heirs and fucccffors, for and in

L 3 refpetS;

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J5Q Anno decimo tertio Georgii III. c.64. [1773-

vefpe(5l of all and every the fums herein direded to be paid, and
that (hall be paid pursuant thereto, and from all writs, a6lions,
,fuits, and proceedings, for or on account of fuch debts, or fo
, much of the fame as diall be fatisfied by fuch payments; and
alfo of the fum or fums hereby intended to be paid at the receipt
of the exchequer to the bank oi Et] gland ^ in refped: of the whole
or fuch part of rhe faid united company's debts as ftiall be fo
difcharged j and that no difpute or diiiiculty may arife^ for or
on account of rhe monies that Ihall or may be paid to the bank
of England^ at the receipt of the exchequer, in purfuance of this
a6l, a certificate fliali be made forth, ascertaining the amount of
the fum or fums fo paid, and the day of payment of the fame,
^-ihich /hall be fjgned by the auditor of the faid receipt of the
exchequer, the clerk of the pells, and the teller or tellers who
paid the fame ; and in the abfence of thofe ofBcers, or either of
them, by the deputy or deputies of fuch abfent officer or officers
attending at the faid receipt at the time of payment of fuch mo-
, nies y and fuch certificate ihall be made forth and figned with-
out fee or charge, and Paall be good and fufficient evidence in
Jaw againfi: the faid governor and company of the bank of Eng-
land, for and in refped of fuch fum or fums fo paid in fatisfae-
tion or diminution of rhe debt or debts due to the bank o{ Eng-
latid from the faid united company.

AB: 7 Geo. 3. ^' ^'^^^ ivhereas by an cM^ p^lff^d in the feventh year of hh prefent
Majejlys relgn^ intituled^ An ad for taking off the inland duty of
one Iliilling /)^:'r pound weight on all black and finglo teas con-
fumed in Great Britain:^ and for granting a drawback upon the
exportation of teas to Ireland^ and the Britifi dominions in Ame-
rica^ for a limited time, upon fuch indemnification to be made
in refpeci thereof by the Ea/i India Company^ as is therein men^
tioned ; for permitting the exportation of teas in fmaller quan-
tities than one lot: to Ireland, or the faid dominions in America ;
snd for preventing teas feized ^nd condemned from being con-
fumed in Great Britain, it is enaded, Tiiat in cafe the faid united
company, or their fucceffors, fhould make failure in any of the
payments direded by the faid ad to be made into the receipt of
his Majefty's exchequer, in the manner, or on or before the re-
fpedive times therein limited for that purpofe; that then, as
often as the cafe (hould happen, the money, whereof fuch fai-
lure in payment fhould be made, fnould be recovered to his Ma-
jefiy's ufe, in i\\Q manner therein mentioned ; and that there
Ihould be further recovered to his Majefcy's ufe, againft the faid
united company, damages after the rate of twelve pounds per
centum per anniun^ for the refpedive monies fo unpaid, contrary
to the faid ad", with full coils of fuit ; and the faid united com-
pany, and their fucceffors, and all their fiock, funds, and all
Other their eftate and property vvhatfoever and wherefoever, are
thereby made fubjecd and liable to the payment of fuch monies^
damages, and coifs.

Ad 9 Qto. 3, XI. And whereas by another a5i of parliament pajfed in the ninth
year of the reign of his prefent Mfefly^ intituled^ An ad for carry-

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1773'] Annodecimo tertioGEORGii III. C.64. ^5^

ino; into execution certain propofals made by the Eaji Mia Com-
pany for the payment of the annual funa of four hundred thou-
fand pounds for a limited time, in refped of the terntona^ ac^
quifitions and revenues lately obtained in the Eaft Mm, \% is
enaded. That theunited company of merchants o{ England lxz<^-
ing to the Eajl Indies, and their JuccelTors, (hould advance and
pay into the receipt of his Majefty's exchequer, for his Maje-
fty^s ufe, the Turn of four hundred thoufand pounds per tinnum,
for and during the term of five years, to-be computed fromthe
firft day oi Februan, one thoufand feven hundred and fixty-nme,
by half-yearly payments of two hundred thoufand pounds each,
which payments are dire^ed to be paid at the times therein men-
tioned : and in cafe the faid united company fhould make railure
in any of the faid payments thereby direc^ted to be made mto
the receipt of his Majefty's exchequer, on or before the reipec-
five times therein limited ; that then, and as often as the caie
(liould happen, the money, whereof fuch failure in payment
(liould be made, ihould and might be recovered to hisMajeity s
ufe, in the manner therein mentioned; and that there Oioula be
further recovered to his Majefty's ufe, againft the faia united
company, damages after the rate of fifteen pounds per centum
per annum, for the Qionies io unpaid, contrary to the faid adt,
tocrether with full cofts of fuit; and the faid united company,
and their fucceffors, and all their frock, funds, and all other
their efiates and property whatfoever, are thereby made liable
to the payment of all fuch monies, damages, and cods.

XIL And whereas the feveral d^fciencies of the duties upon ^^/v^f^[ P/^;
andalfo of the Jaid annual Jam of four hundred thoujand pounds, ^.^^^^^^^.^^^^
zuhereof any failure of payment hath been made by the J aid ^//^^"''^'^ ed, the com-
company, loill be Paid and tnade good to the pubUck, under^ the pro- pnny (hall be
vi/ions of this prefent a5f ; and it is expedient, in the prejerrt fitua^ ^..\^^n..-^^^^
iion of the faid united company s affairs, that they Jhould be indemni- ^^ -,^ the faid
fiedagainf all damages ivhich may have been incurred, or luhicb may ^^^^
be recoverable againji them, under either of the faid lafl-recited a5ls,
by means of their failure in making fuch payments at the times there-
in refpetiwely prefcrlbcd and dire^fed; be it therefore enacled by
the authority aforefaid. That from and after the payment into
the receipt of his Majefiy's exchequer of the feveral fums of mo-
ney herein-beiwe direded to be paid, in difcharge of the feve-
ral principal fums due from the faid united company, under the
faid recited ac^s, or either of them, the faid united company, and
their fucceffors, (hall be, and they are hereby declared to be,
from thenceforth fully and abfolutely freed, exonerated, and dif-
charged, of and from all damages and cofls which they the faid
united company may have incurred, or which may be recover-
able againft them, by means or on account of any fadure in pay-
ment of any of the faid principal fums refpedively, by the faid
recited a^s, or either of them, directed to be paid, as therein

mentioned. ^ , x- n t a r .• c

Xni. And ivhereas, in the prefent circumfances of the Eaft In- ^^^^
dia Company, // ivlll not be in their power to provide tor the repay- ^^^^^^

L 4 'runt

evenues

CO 111 >

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152 Anno decimo tertio Georgii III. c. 64. [1773;^

pany, till tbdr ment of fuch loan as afore/aid, and for eflahlijhing their affairs upon a
duced"^ ^^^ ^^^^ /^^ar^/^z//;^^//^;7 for the time to come, unlefs the public k Jhould
agree to for ego ^ for the prefent, all participation w the profits arifng
from the territorial acquifnions and revenues lately obtained in the
Eaft Indies, in order that provifion be made by parliament for apply-
ing as well the whole of the profits arifng from the faid territorial
acquifnions and revenues^ as all the revenue and profits oj the compa-,
ny^ after providing for certain neccfjary payments and deduBions to be
viade thereout^ to the repayment of the faid fim of one million four
hundred thoufand pounds, and to the redudtion of the company's bond
debt', be it therefore enaaed by the authority aforefaid. That
until the faid fum of one milhon four hundred thoufand pounds
fhall have been, repaid, and the bond debt of the fai-d company-
be reduced to the fum of one million five hundred thoufand
pounds, the whole clear profits arifing from the faid territorial
acquifitions and revenues, after defraying the charges and ex-
pences attending the fame, together with all the clear revenue
and profits of the faid company, after providing for the current
payments of interefi, and other outgoings, charges, and expences
of the faid company, (liall, from time to time, be difpofed of
and applied in manner following ; that is to fay, until the whole
of the money fo advanced and applied as aforefaid fhall have
been repaid, it (liall and may be lawful, out of the faid clear
revenues and profits, to fet apart and apply, in the firft place,
fuch fum as may be fufficient for anfwering a dividend to the
proprietors of the flock of the faid company, not exceeding the
rate of fix pounds per centum per annum, upon the capital fiock
of the faid company, and all the furplus of the faid clear reve-
nues and profits fhall be applied in diminution o{ the faid funi
of one million four hundred thoufand pounds, or fuch part there-
of as fliall be remaining unpaid, and for defraying the charges
incurred in refpedf thereof; and after the repayment of the
whole of the money fo advanced and applied as aforefaid, and
until the bond debt of the faid coiDpany fliall be reduced to the
fum of one million five hundred thoufand pounds, it (hall and
may be lawful, in like maniier, to fet apart and apply, in the
iirfi: place, out of the faid clear revenues and profits, fuch fum
as may be fufficient for anfwering a dividend not exceeding the
rate of feven pounds /)^r centum per annum, upon the capital flock
of the faid company; after which, all the furplus of the faid
clear revenues and profits fliall be applied in reducing the bond
debt of the faid company.
SurpliT^ of XIV. And be it further enabled by the authority aforefaid,

their clear re- That until the faid fum of one n:sillion four hundred thoufand
venue to be pounds, fo advanced as aforefaid, (hall have been repaid, the
appnec in di- |-^j^ united company fhall, from time to time, pay, or caufe to
their debt. t>e paid, into the receipt of his Majefiy's exchequer, by half-
yearly paym.ents, fuch furplus of the clear revenue and profits
of the company, as is herein-before direded to be applied in
dminution of tf.e faid fum of one million four hundred thotifand
pounds, or fuch part thereof as (hall be remaining unpaid,^ and

for

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s773»] Anno dccinio tertio GeoRGIi IIL c. 64. 153

for defraying the charges incurred in refpCifl thereof, to be ap-
plied, in the firft place, for anfwering and paying all fuch inte-
rred, premium, rate, and charges, as (hall have grown due in
refpedi: of the exchequer bills made out, ifTued, and circulated, as
aforefaid ; and in the next place, as far as the fame will extend,
for paying off, cancelling, and difcharging, fuch of the faid ex-
chequer bills as fhall then remain uncancelled.

XV, And be it further enaded by the authority aforefaid, statements of
That, during the continuance of this ac^, the faid united com- the company's
pany do, and they are hereby direded and required, to caufe debts to be
to be made up, half-yearly, with as much accuracy as the na- made up every
ture of the cafe will admit, a ftatement or account of the profit ^ ^^^^'
and lofs upon the whole of the trade and revenues of the faid
company, together with a ftate of the debts of the faid compa-
ny in England^ exclufive of their bond debt, to the firft day of
March and the hxik day of September^ in every year, the firft of fucli
ftatements or accounts to be made up from the firft day oi Sep-
tember^ one thoufand feven hundred and feventy-three, to the firft
day of March, one thoufand feven hundred and feventy-four; and
to tranfmit fuch ftatement or account, fairly written, andfigned
by two or more of the dire61ors of the faid united company,
within twenty- one days after the day to which fuch ftatement
or account ftiall be made up refpe61ively, to the commiffioners
of his Majefty's treafury, or the high treafurer for the time being.

XVL And be it further enaded by the authority aforefaid. Company (liall
That from and after the paffing of this a6i, and until the faid not bind
furn of one million four hundred thoufand pounds Qiall be re- ^^.^"^^^^^^^ ^
paid, it ftiall not be lawful for the faid united company, or their ^^^.^^^jj^
fucceffors, or any of their officers or fervants on their account, without the
to accept, or otherwife bind the faid company, or their fuccef- confentofthe
fors, for the payment of any bill or bills of exchange drawn by treafury,
any of their officers or fervants at any of their prefidencies in
the Eafl Indies^ for any fum exceeding the fum of three hundred
thoufand pounds, exclufive of certificates to the amount of five
thoufand pounds to the commanders and officers of each of the
company's ftiips, in the fpace of any one year, without the con-
fent or order firft had and obtained of the commiffioners of his
Majefty's treafury now and for the time being, or any three or
more of them, or of the high treafurer for the time being, who
are hereby refpedively authorifed to give fuch confent, or to
make fuch order thereon, as they ftiall judge expedient; and
every acceptance or engagement made, contrary to the true in-
tent and meaning of this adt, (hall be null and void to all in-
tents and purpofes.

XVII. And be it further enaded by the authority aforefaid, A"^o"rit of
That, during the term of two years, to be computed from the "^f-^^^u Q^ll^h
twenty-ninth day of September^ one thoufand {(tMtn, hundred and exported
feventy-three, the faid united company, or their fucceftbrs, ftiall, yearly by the
and are hereby required, to export from Great Britain^ in each company,
and every year, during fuch term to the Briii/h fettlements,
T/vithin the limits prefcribed by the faid company's charter for
their carrying on an exclufive trade in the Eajl Indies^ or elfe-

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154 Anno decimo tertio Georgii III. c.64. [^"JJS*

wliere, upon the account of the faid company, or their fuccef-
fors, in their courfe of trade, exclufive of what may be export-
ed by their fervants or private traders, licen fed by the faid com-
pany,^ or their fucceiTors, fuch goods and merchandifes of the
growth, produce, or nnanufadture, o^ Great Brita'm, as (hall a-
mount in vahie to the fum of three hundred and eighty thou-
fand eight hundred and thirty- feven pounds, in each and every
fuch year; but the amount of the value of the military and na-
val itores fo exported (hall not be efieemed or reckoned as part
of the faid fum of three hundred eighty, thoufand eight hundred
and thirty-feven pounds per annum -^ and the f?.id company, or.
their fucceiTors, rnall, on or before the firft day of June^ one
thoufand {tvQn hundred and feventy-four, and on or before the
firfi: day of Juney one thoufand feven hundred and feventy-five.
Security to be give fecurity, by bond, to his Majefty, his heirs and fucceffors,
given to ti.e under the common feal of the faid- company, or of their fuccef-
th'^^due'tx^^o' ^°^^' ^^ ^^^^ penal fum of double the faid fum of three hundred
tation thereof. ^'g^^^Y thoufand eight hundred and thirty-feven pounds, for the
due exportation of the faid goods and merchandifes annually, to
the amount of the faid fum of three hundred eighty thoufand
eight hundred and thirty-feven pounds, according to the real value
of fuch goods and merchandifes in this kingdom at the time of
fuch exportation, or of the purchafe thereof, by or on the behalf of
the faid company, or their fucceffors; which fecuritythe high trea-
furer or thccommiflioners of his Majelly's treafury for the time
being, or any three or more of fuch commiflioners, is or are hereby
authorifed to take; and the faid company, or their fucceiTors, Ibal),
on or before the thirty-firft day o'i October^ one thoufand k'^itn
hundred and feventy-four, and on or before the thirty-iirft day of
Ocfober^ one thoufand feven hundred and feventy-five, deliver to
the faid high treafurer, or commiOioners, an account, in writing,
ligned by two or more of the directors of the faid company for
the time being, fpecifying the particular goods and merchandifes
which fnall have been fo exported in every fuch year in purfuance
of and according to the true intent and meaning of this acl^ with
the faid true and real values of fuch goods and merchandifes,
with the names of the (hips in Vv'hich the fame were refpedtively
fo exported ; and which account HiaU be verified, on oath, made
before any onejufl:ice of the peace, (which oath fuch juftice is
hereby aiathorifed and required to adminider), by the proper
officers or fervants of the faid com.pany, or their fucceffors, who
fhall keep their books for the entry of goods outwards, to the
bell of their knowledge; and if it (liall appear, to the fatisfadion
of the faid high treafurer, or comrnifTioners, that goods and
merchandifes (hall have been, agreeably to the dire61ions of this
a6t, exported as aforefaid in the refpe6iive year, in rela>tion
whereto each bond fhall have been fo given, then, in each and
every fuch cafe, the faid high treafurer, or commifTioners, (hall
caufe fuch bond to be delivered up ; but in cafe no fuch account
fliall be delivered as herein before mentioned, or if it fhall ap-
pear that the faid goods and merchandifes exported within the

t^rai

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1 773-1 Anno declmotertio Georgii TIL c.6^, 155

term mentioned in any fuch bond fhall not have amounted to

fuch value as aforefaid, or that any fuch account fliall appear

not to be truly made, it (hall and may be lawful for the faid

high treaiurer, or commiffioners, to caufe each and every fuch

bond to be profecuted according to law, unlefs he or they (hail

find fufficient caufe to forbear the fame.

XVIII. Provided always, and be it enaded by the authority Excefs in one
aforefaid. That in cafe the faid company or their fuccefibrs, (hall, to be allowed
in any one of tiie faid two years export, or caufe to be exported, inthefucceed-
fuch goods and merchandifes of the growth, produce, or ma-^^^ ^'^^^*
nufadure 01 Great Britain^ exceeding in value the fum of three
hundred eighty thoufand eight hundred and thirty-feven pounds;
then, and in fuch cafe, the faid excefs (hall, from time to time,
be taken into the account of the exports of fuch goods and mer-
chandifes by the faid company, or their fucceffors, in and for
the next fucceeding year, and Ihall be allowed and confidered
as pan thereof.

C A P; LXV.
^n aEl for explaining two aEls^ made in the eleventh year of
the reign King George the F'trfl^ and the thirtieth year of
the reign of his late Majejty^ in relation to the Stamp-du-
ties upon News-papers.

WH E R E A S Z'j; ^;2 a5i ofporUafnent made in the eleventh year Preamble.
of the reign ofhisMajeJly King George the Firjl, after re-
citings omongji other things J that the authors or pyinters of fever al^^ 11 Geo. i
journals^ mercuries^ and other nevjs -papers^ did^ with an intent to ^Geo^z. ?e-
^defeat the payments of the duties therein mentioned, and in defraud ^/^cited,
the croivn^ fo contrive as to print their faid journals and nevjs- papers
on one feet and a half feet of paper each^ and by that means th(>y did
neither pay the duties of one penny for each Jheet^ nor a halfpenny for
the half fleets as by laiv they ought to have done^ but entered them as
pamphlets^ and paid only three flnllings for each impreffton thereof^
whereby his Majefy had been much injured in his revenue^ and the
printers of other nezvs-papers^ luho did regularly pay the faid duties^
zvere great fufferers ; // was enabled and declared^ Thai fuch journals
mercuries^ and neivs papers^ fo printed on one Jheet a-nd half Jheet of
paper ^ fmild f20t^ for the future^ be deemed or taken as pamphlets to
be entered^ and to pay only three fmlUngs for each impreffon thereof :
and it was alfo further ena^ed^ That from and after the tiventy fifth
day ^/ April, one thoufand f even hundred and tiventy- five ^ the fol-
lowing duties foidd be paid to his Majefy^ his heirs and fiicceffors^
upon every journal^ mercury^ or other publick news-papers^ zuhich
fi)ould be printed and publijhed in Great Britain; thot is to fay^ for
every fioeet of paper on which any journal mercury^ or other nevjs-
papers ivhatfoever^ fhould he printed^ a duty of one penny fierling ;
and for every halffheet thereof the fum of one halfpenny fierling -^ as
hy the faid recited a^^ relation being thereunto had^ may more fuUv
and at large appear : and whereas by another a5l of parliament ^ made
in the thirtieth year of the reign of his late Majefy King George the
Second^ an additional duty of one halfpetiny ivas impofed upon every

neivs^

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^5^ Anno decimo tertio Georgii III. c.66,67. ^i77S»

mwi-paper^ or paper containing publick news^ intelligence^ or occur-
rences, printed in Great Britain, /^ he difperfed and made puhlick^
zvhether the fame be contained in half a Jheet^ or any lefs piece of
paper, or in any paper larger than halfaJJ^eet, and not exceeding one
whole fieet, over and above all other rates and duties : and whereas
doubts have arifen whether journals, mercuries, chronicles, or other
neivs-papers, printed on more than on one fine t and a half of paper ^
might ^ not he entered as pamphlets, and' pay only three Jhillings for
each impreffwn thereof, inflead of^ the duty chargeahle on everv fieet
cf each copy ^ thereof-, and certain printers and publifhers cf jour^
mils, mercuries, chronicles, and other news-papers, have increafed the
mimber offJ)eets on which the fame have been printed, with an in-
tent to evade the payment of the f aid duties, and in fraud of his Ma-
jefiys revenue : for retnedy whereof, be it enaded and declared
by the King's moft excellent majefty, by and with the advice
and confent of the lords fpiritual and temporal, and commons,
in this prelent parliament afTembled, and by the authority of the
fame, That the faid herein-before recited a^s of parliament, and
Duties of the the duties thereby granted on journals, mercuries, and other
aa.^cominu^'^ publick news-papers, were meant and intended, and do accord-
ed by this aft. ^"g^y e^^^f^^ to, and charge with, the faid duties refpeaively,
every fheet, and every half fheet of paper, on which any jour-
nal, mercury, chronicle, or other publick news-paper, or paper
containing pubHck news, intelligence, or occurrences, were or
fliall be printed, whether fuch journals, mercuries, chronicles,
or other publick news-papers, or papers containing publick news,
intelligence, or occurrences, were or (hall be contained in a
greater or \t{s number of fiieets or half fheets of paper ; any thing
in the faid recited a6ls, or any other a6t of parliament, to the
contrary thereof in any-wife notwithfcanding.

CAP. LXVI.

An a6l for raifing a certain fum of money by loans, or exchequer bills, for
the fervice of the year one thoufan^ feven hundred and revcnty-three.

CAP. LXVII.

An a5l for laying an additional duty on paper printed, paint-
ed, or fiained, in foreign parts, imported, into this
kingdom.
Preamble. "% X 7H E R E A S by an ocl of parliament^ made in the third year
ASt Ed of the reign of Ki7igY.Q\w^2i\(\ the Foiirtlp^ (intituled, CtTX2Jin

^ ' ^* merchandifes not lawful to be brought ready-wrought into this
realm), amongft feveral other articles therein mentioned, any painted
wares are prohibited to be brought into this realm, to he uttered and-
fold ivithin the fame -, and by another out wade in the frft year of the
A51: 1 Ric. 3. reign of King Richard the Third, (intituled. Certain merchandifes
prohibited to be brought ready^ wrought into this realm) ; it /V,
amongfl other things, ordained and provided, That no merchant fir anger
fhall bring into this realm ^to be fold any manner of painted papers :
and zuhereas notwithfanding the faid recited a^s, great quantities of
paper painted in foreign parts have been clandejlinely brought andim-^.

3 ported

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I773-] A"^^ decimo tertio Georgii III. c. 6y: 157

ported into this kingdom^ and privately run on/hore ani fold here ; and
there is great reafon to believe that fever al parcels of fuch painted pa--
per^ which^ upon importation^ have been entered for p7'ivate ufe^ and
paid the duties impofed by law upon painted paper fo imported^ have
never thelefs afterwards been fold and difpofed of in this kingdom^ to
the great prejudice of the paper fiainers and artificers in that branch
ef bufenefs here: and whereas all paper ^ printed^ painted^ or ftained^
in Great Britain, is liable to an additional duty of one penny halfpen-
ny for every yard fquare^ which duty is not chargeable upon the impor-
tation of paper, printed, painted, or flained, in foreign par t^\ and
it may tend to difcourage the clandeftine and illegal importation and fale
of foreign painted paper , and to encourage the manufaSfure of painted
paper in this kingdom, if the importation of fuch paper to be fold here
was permitted, fubje^ to the like additional duty as is charged upon
fuch paper ^ printed, painted, or ftained^ in this kingdom ; be it
therefore enadled by the King's moft excellent majefty, by and
with the advice andconfent of the lords fpiritual and temporal, and
commons, in this prefent parliament afTembled, and by the au-
thority of the fame, That from and after the firft day of Augufl, After Augnft,
one thoufand feven hundred and feventy-three, it (hall and may ^73, no pa-
be lawful for any perfon or perfons whatfoever, to import into ^^^ pnnted
this kingdom, by way of merchandife, and to utter and fell the be imXld*
fame here, any fort of paper, printed, painted, or flained, in or fold,
foreign parts ; any thing in the before-recited adts, or any other
a6l or ads to the contrary notwithflanding.

II. And it is hereby further enacted by the authority afore- Duty of one
faid. That from and after the faid firft day of Auguft, one thou- penny baif-
fand feven hundred and feventy-three, all paper, printed, paint- P^"">' ^^ ^^
ed, or ftained, in foreign parts, and imported mto this kingdom, 'Td^'on aiT
over and above the cuftoms, fubiidies, and duties, already im- paper import-
poied thereupon, fhall be charged with and liable to pay a fur- ed.

ther duty of one penny halfpenny for every yard fquare thereof,
and in that proportion for any greater or'lefs quantity of fuch
paper; which faid additiortal duty fliall be raifed, levied, and
recovered, and paid by the fame rules and regulations, and un-
der fuch penalties and forfeitures, as the former duties payable
upon the importation of fuch paper are by any law now in force
raifed, levied, recovered, and paid; and the fame fhall be ap-
plied and appropriated to the fame ufes and purpoles, and in the
fame proportions, as the new duties impofed upon painted pa-
per imported into this kingdom, by two ads of parliament, made
in the tenth and twelfth years of the reign of Qiieen Anne, are
applied and appropriated.

III. Provided always, and it is hereby further enac^ced by the Not to extend
authority aforefaid, That nothing in this ad contained {hi]l ex- to affe6l the
tend, or be conftrued to extend, to charge any paper with the^^^^^"^^^
additional duty by this aa granted, which (hall be printed, paint- ^^n^P^^y-
ed, or ftained, in thQ Eafl Indies, and imported from thence by

the united company of merchants of England trading thither, or
perfons licenfed by them ; any thing herein-before contained to
the contrary notwithflanding,

CAP,

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15S Anno decimo tertio Georgii III. c,68. [1773,

CAP. LXVIIL

An oM to impower the magijirates therein mentioned to fettle
and regulate the wages of perfons employed in the ftlk ma-
P.^.^Kio nufa5hire within their refpe^ive jurtfdiElions.

WHEREAS it would he for the benefit of perfons employed in
the filk manufa5iure^ if the magifirates were impower ed to
fettle^ hetiueen the mafler zveavers and their journeymen^ the price of
labour in the fever al branches of the f aid manufacture ; 'be it there-
fore enaaed 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 aflembled, and by the
After July I, authority of the fame^ That from and after the firft day o^July^
geJof journly. ^".^ thoufand feven hundred and feventy-three, the wages and
men wea ers pnces for work of the journeymen weavers within the city of
within Lon-. London fliall be fettled, regulated, and declared, by the lord
^j^^ j^^ 1^^ ^^^- mayor, recorder, and aldermen, of the faid city; and in all
lo^rd mayo^r, P^^'^^s ^" ^^^^ county of Middlefex ^hy the juftices of the peace
&c. ' foi* the faid county; and in all places within the city and liber-

andinMid^ ty oi JVejlmwfter^ at the general quarter feffions of the peace
W ft^ ^^% holden in and for the faid city and liberty ; and in all places
&a byTheTu- ^^^^^" ^^^ liberty of the^^w^r of London^ at the general quarter
ftices of the feffions of the peace holden in and for the faid liberty, at their
peace. general quarter feffions of the peace refpe6iively ; and the lord

mayor, recorder, and aldermen, of the city oi London^ and the
faid juftices of the peace, are hereby refpe6lively aurhorifed and
impowered, from time to time, upon application being made
to them for that purpofe, to fettle, regulate, order, and declare,
the wages and prices of work of the journeymen w'eavers work-
ing within their refpedive jurifdi61ions as aforefaid ; and (hall
and may, within the fpace of fourteen days next after the mak-
Orders to be ing every fuch order, caufe the fame to be printed and publifh-
pubiiflied in ed, at the reafonable expence of the perfon or perfons applying
two news-pa- ^-^^ ^^^^ fame, three times, in any two daily news-papers pub-
times at the ^i^e<^ i^"* Lofidon or Wefiminfier ; which publication (hall be deem-
expence of ed and allowed to be fufficient notice and publication thereof;
perfons ap- and from and after publication thereof, all weavers, and their
piying for the journeymen, are hereby fl:ri6lly required to obferve the fame.
IVfTfter wea- ^^- ^"^ ^" ^'^ further enadted. That if after the faid firfl: day
vers giving of July^ one thoufand iz\ti\ hundred and feventy-three, any
more or leis maifer weaver, Vv'ithin either of the aforefaid difl:ri6ls, (hall give
n!^^fi?" \v'^".. ^ more or lefs wages, or pay larger or lefs prices, to any of the
asaforcfaid^'^' j^^^^^y^^^^ weavers aforefaid, for" their work, than fhall be
onconviaion, fettled or allovv'ed as aforefaid, and Oiall be convicted of the faid
to iorfeit 50 1. offences before any two of his Majefty's juftices of the peace,
virhin either of the diftrids or jurisdiclions aforefaid where the
faid offence ftiall be committed, on the oath or oaths of one or
more credible witnefs or witneffes, he ftiall forfeit the fum of
fifty pounds ; to be levied by diflirefs and fale of the offender's
Penalty ho\y goods ; and the faid penally, when recovered, (hall be paid in-
to be r^i^yii.d. \q ^i^^ hands of the mafter of the weavers' company, firft: deduc-
ing

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1773.] Anno decimo tertio GeoRGII III. c. 68. 159

ing the expence of fuch profecution, to be diftributed by him,
in conjunction with the wardens of the faid company, to any
diftrefled journeymen weavers, or their families, who (hall have
been laft employed in either of the aforefaid jurifdidions, at
their difcretion.

III. And be it further ena^ed, That if any journeyman journeymen
weaver or weavers within the diftrids aforefaid, (hall afk, fe- yveavers tak-
ceive or take more or lefs wages, or larger or lefs prices for ing more or
their work than (hall be fettled by the refpedive quarter-feffions, l^is ^'^§^^
as aforefaid; or Hiall enter into any combination to raife the ^. ^^^J'J'^^^^^^^
wages or prices of the faid work, or for this purpofe (hall decoy, ttring'into
folicit, or intimidate, any journeym.an or journeymen weavers combinations,
within the diftrids aforefaid, fo that he or they quit their ^T' ^^|^ ^^^-
niafters, for whom they fhall then be employed; or fhall af- ^^^^ '^^^'^
femble themfelves in any numbers exceeding the number of ten^

in order to frame or deliver petitions or other reprefentations,
touching their wages or prices of work, except to the faid ju-
ftices of the peace, or to the lord mayor, recorder, and alder-
men, of the city of i^/?J^;7, at their refpedive quarter-feilions,
and (hall be convicS:ed of any of the faid offences, on the oath
or oaths of one or more credible witnefs or witneffes, before any
two or more of his Majefty's juftices of the peace, within either
of the diftrids or jurifdidions aforefaid where the offence fhall
be committed, (hall forfeit a fum not exceeding forty flViIlings :
and if the faid forfeiture be not immediately paid, it fliall and Penalties not
may be lawful for the faid juflices to commit the faid offend er.^^^^^^ '']'^^^^'
to the houfe of corredion, to hard labour, for any time not ex- offendefs^tV
ceeding three months; the faid forfeiture, when recovered, to be committed,
be applied in the fame manner as the forfeiture of fifty pounds
aforementioned.

IV. And be it further enaded. That it (hall and may be law- juftices, on

ful for any two juftices of the peace, within the limits and jurif- lufpicion of

didions aforefaid, on information upon oath made before them ^^^'^""^s com-

bv any perfon or perfons whatfoever, that there is reafon to fuf- T'^^^' *""^

,-^ f n • ♦.! • I i-n • r^ liluelummon-

ped that any mafter or journeyman weaver, withm the di(l:nc^s fes necelfary

or jurifdidions aforefaid, hath been guilty of any of the offences for evidence,
aforefaid, at requefl of fuch informant, to iffue their fummons, in
writing, figned by any fuch two jutlices, requiring any clerk, fore-
man, apprentice, fervant, or other perfon or perfons employed or
retained by fuch perfon fo fufpeded to have offended, or any
other perfon or perfons whatfoever, whofe attendance (hall ap-
pear neceffary for the purpofe of giving evidence in the premifes,
to attend and teftify concerning the premifes: and if any perfon fo
fummoned (hall not attend, and proof (liall be made of the fer- Perfons refu-
vice of fuch fummons, either perfonally, or by leaving the fame fingto attend,
at the laft or ufual place of abode of fuch perfon, it (hall be law- i^^^^^es may
ful for fuch two juflices, or any other two juPcices of the peace wan-aur--^
ading for fuch county or place, and they are hereby required ' ^

(unlefs a reafonable excufe be made for fuch nonattendance to
the fatisfadion of fuch juftices) to iffue their warrant, under

their

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t6o Anno decimo tertlo Georgii III. c.5§. !i77^';

their hands and feals, for the apprehending and bringihg him
^ or her before them, or fome other two or more juftices of the

peace ading for fuch county or place, to be examined touching
anf refufln? ^^^^ premifes ; and if any fuch, perfon fo attending, or being
to be^examm- ^^"^.^S^^^ before fuch juftices, lliall refufe to be examined or s:ive
ed, may be^ their teftimony touching the premifes, fuch perfon (hall by^the
committed.' faid juftices be committed to the houfe of corredion for one
month, there to remain, unlefs he or (he Qiall fooner fubmit to
be examined and give teftimony, as the law requires,
Mafter wea- ^- And be it further enaded. That if any mafter weaver re-
fers within Tiding within the limits aforefaid, (hall, dircdly or indiredjy, in
the limits em- any manner whatfoever, retain or employ any journeyman
ne^men'br' ^^^^^^ ^^^ °^ ^^ beyond the limits aforefaid, with intent or de-
yona the ll' ^^g" ^^ elude or evade this ac^, or fhall give, allow, or pay, or
mits, with de- caufe to be given, allowed, or paid, to fuch journeyman,' any
fign to elude more or lefs wages than ihall be fettled, as aforefaid, every fuch
this aa, Sec. perfon Oiall, for every fuch offence, forfeit fifty pounds; to be
totoricit 5oi. j-^gj £qj. i^y ^^\qj^ of debt, in any of his Majefty's courts of re-
cord at JVeJfminfler^ wherein no effoin, protedion, or wager of
law, or more than one imparlance, fliall be allowed, and where-
in the ordinary cods of the fuit (hall be paid; one moiety of
Forfeitures which faid forfeiture, when recovered, fh all belong and be paid
bow to be ap- to his Majefty and his fuccefTors, and the otiier moiety to the
apphed. perfon who (hall fue For the fame.

Not to fix the . ^\ Provided always, and be it further ena^ed. That nothing
wages of fore- i" this a6l contained (hall extend, or be conftrued to extend, to
men. fix, controul, or regulate, the wages or allowances to be paid

to fervants in the faid bufmefs of a weaver, bona fide retained
and employed as foremen.
Nofilkwea- VJI. And be it further ena6led by the authority aforefaid,
vers refiding That from and after the pafiing of this ac^, no perfon or per-'
djftrias^a^ore- ^^^'^^'> ^^'^g ^^^^ weavers, refiding within the difirids aforefaid,
faid to have ^^^^ \\'2i^t in his or their fervice at any one time more than two
more than apprentices, upon pain of forfeiting for every offence the'fum of
twoapprenti- twenty pounds; to be levied by difirefs and fale of the ofl?*ender's
cesatone goods and chattels, upon convi6tion, on the oath or oaths of
penalty of 2ol. ^^^ ^^ more credible witnefs or witnefles, before two juftices of
the peace within either of the jurifdidions aforefaid where the
faid offence (hall be committed ; and the faid penalty, when re-
Penalty to be covered, fhall be paid into the hands of the mafier of the wea-
applied as a- vers' company, to be applied by him, as aforefaid, and the faid
forefaid. juftices are hereby authorifed and required to difcharge every

,fuch apprentice or apprentices exceeding the number of two.
Perfonscon- -VIII. Provided alfo, and be it further enadled, That it fhall
vi^led before and may be lawful for any perfon convifled before any two ju-
..two juftices ftices of the peace, as before mentioned, to appeal to the juftices
jnay appeal to ^^ ^.j^^ peace affembled at the next general quarter feffions, or
feffionsT^^'^ general feffions to be held for the county, city, or place, where-
in fuch convi6lion fliall be made, giving immediate notice of
fuch appeal, and finding fufiicient fecurity to the fatisfacSlion of
fuch juflices for being perfonally prefent at fuch general quarter

feffions

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1773-1 Anno deeimo tertio GeoRGII III. C;6g. i6i

fefTions of general fefllons, and for profecuting the faid appeal
vvitli efFefl:, and abiding the judgement of the court; and fuch Determina-
juftices, in fuch general quarter fefllons or general feflions, (hall ^°n b^'fi^'T^
finally hear and determine the matter, and rtiall have power to ^ .^. "^*'
award reafonable cofts to either party as to them fhall feem juft; affirmed at
and if fuch convidion fliall be affirmed at fuch general quarter quarter fef-
feffions or general feiTions, fuch appellant fhall be committed to fions, appeU
prifon for the time fpecified in the faid conviclion, and until ^a»t may be
payment of the cofts fo to be awarded. ^ committed.

IX. Provided alfo, and be it further enabled by the authorl- Limitation ot
ty aforefaid. That no a6iion (hall be brought againfl: any juftice a6tions.

of the peace, conftable, headborough, or other officer, or £(-
gainft any other perfon or perfons whomfoever, for any matter
or thing whatfoever done or committed, under, by virtue, or
in the execution of this a6l, unlefs fuch adlion fhall be brought
within fix calendar months next after the doing or committing
of fuch matter or thing.

X. Provided alfo, That if any adion or fuit (hall hereafter be
commenced or profecuted againft any perfon or perfons, for
any thing done under, by virtue, or in the execution of this

acf, fuch perfon or perfons may plead the general iffue, and give Generaliflue^
this a61, and the fpecial matter, in evidence ; and if the plain-
tiff fhall become nonfuited, or f^ufFer difcontinuance, or forbear
further profecution, or if judgement fhall be given for the de-
fendant or defendants, fuch defendant or defendants fhall reco-
ver his, her, or their full cofts, for which he, flie, or they,
fhall have like remedy as in cafes where cofts by law are given
to defendants.

XI. And be it further ena6led, That this a6l fhall be taken Publick a6l.
and allowed to be a publick a6t in all courts within this king-
dom ; and all judges and juftices of the peace are hereby requir-
ed to take notice thereof as fuch, without fpecially pleading the-

fame;

C A P. LXIX.
An €151 for furthe?^ continuing an aEl^ made in the fourth year

of the reign of his prefent Majefly^ for importing fait from

Europe into the province of Quebec in Anricrica, for a .

limited time^
yHEREAS /Z?^ laiv herein-after rneniionedy which hath ^^ ^^ Preamble.
experience^ been found vfeful and beneficial^ is near e.xpirihg :
inay it therefore pleafe your IVIajefty that it may be enaded ; and
be it enadled bv 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 au-
thority of the fame, That an a6l made in the fourth year of the
reign of his prefent Majefty, for importing fait from Europe in- A(5l 4 Oeo. 3,
to the province of ^ebec in America^ for a limited time, which
was to continue in force from the twenty-fourth day of fune^
one thoufand feven hundred and ftxty-four, for the term of one
j/ear, and from thence to the then next Xcifion of parliament,

Vol.. XXX. M knd

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Preamble.

^^^ Anno decimo tertio Georgii III. C,7o* [1773.

a«Ki^aa 6 ^d which, by an ad, made in the fixth year of the reign of his

^' 3- prelent Majefty, was further continued, fronn the expiration

thereof, until the twenty-fourth day of y^«^,_one thoufand fe-

Vcn hundred and feventy-three, and from thence to the end of

^ ^ . ^^^e then next relTion of parhament, fliall be, and the fame ij^

nued,%'ro?r'* ^^^^^Y ^"^^'ther continued, from the expiration thereof, until the

the expiration ^:^'^"^y-fo"^f^^ ^3y of 7//^^, one thoufand feven hundred and

thereof, tijl eighty, and from thence to the end of the then next feflion of

June 24., J 780. parliament.

CAP. LXX.

Jn a^ to co7itinue an oM^ made in the thirty-firji year of the
reign of his latemajefiy King George the Second^ intituled^
An ad for the encouragement of the exportation of
culm to Lifbon^ in the kingdom oi Portugal:, and for
charging a higher duty upon culm exported thither in fo--
reign fnipping,

WHEREAS Z'j; ^72 ^^, made in the thirty -firfl year of the
r.^^ s' ^cu.z. ^\^^'E>^^ ^f^'^ ^^^^ majefty King George the Second^ [intituled^

lecueJ, An a6\ for the encouragement of the exportation of culm to

Vijhon^ in the kingdom of Portugal)^ it is enaded. That from
and after the twenty-fifth day of March^ one thoufand itytxi
hundred and fifty-eight, it fhall be lawful for any perfon or per-,
fons, for and during the term of fifteen years, and from thence
to rhe end of the then next feffion of parliament, to export any
quantity oi culm to the city oi Lifjon^ in the kingdom of For-
lugciL upon payment of a duty of one fnilling for every chalder,
xY<fZ6^w//V^ meafure, of culm, fo exported under the regulations
in the fa id a 61 mentioned : and whereas it is expediefit that the f aid
tncouragernent JJjoidd be further continued to any petfom exporting
fuch culm^ as aforejaid^ in Bri{\(h /i)ippmg^ hut that the larger duty
Jhculd be paid for culm fo exported in foreign jinpping', may it there-
fore pleafe your Majefly that it may be enadted^ and be it en-
acted by the King's moll excellent majefty, by and with the ad-
vice and confent of the lords fpiritual and temporal, and com-
mons, in tiiis prefent parliament aflembled, and by the autho-
rity of the fame, That the faid ad Oiali be, and the fame is here-
anr) further ^7 further continued from the expiration thereof, until the
continued, twenty-fifth day of March, one thoufand feven hundred and
from the ex- ninety three, and from thence to the end of the then next M^
piiation there- ^^^^^ ,_£ paj-hament, for, and in refpcct to all culm which fhall be
^^' l\. ^"^ ^ exnorted under the regulations and reftridlions in the faid adt
mentioned, in Britijh-b\ji\\t iWpping navigated according to
law.
Any perfcn ^I* ^"^ '^^ i^ hereby further enabled by the authority aforefaid,

whatever, du- Tliat it ih^W and may be lawful for any perfon or perfons what-
.2-ing ht con- fcev'cr, from and after the pafling this a61, and during the eon-
^J""^"^^ ^^ tinuancs thereof, to export any quantity of culm to the faid
export cuTm^ city ol Lifbon^ in any foreign fnip or vefiel, upon payment of a
to Lifbon, on duty of One flhilling and fixpence for every chalder, Newcaftk
X^ayiii^nt of cioifure \ which cuto Hiall be exported in all other r«fpecf s. un-
der

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J[773-] Anno decimo tertia Georgji III. 0.71. 163

der the like rules and regulations, and fubjedt to the fame fe- is- 6d. -per
curitles, penalties^ and forfeitures; and the faid duty of one ^^^^^^^'
fhilling and fixpence (hall be raifed, levied, colleded, recover-
ed, paid, and applied, in the fame manner, and by the fame
inethods, as are prefcribed in and by the faid recited a6l for culm
exported in purfuance thereof ; any thing in the faid recited act,
or any other a6l, to the contrary notwithftanding,

CAP. LXXL

^An aEi for the better preventing the counterfeiting^ clippings
and other diminifhing the gold coin of this kingdom.

WHEREAS the preventing the currency of clipped and tin- Preamble.
lawfully diminijhed and counterfeit money is a more effectual
means to preferve the coin of this kingdom entire and pure^ than the
tnojl rigorous laws for the punijhment offuch as diminijh or count er-
feit the fame : and whereas by the known laws of this kingdom^ no
perfon ought to pay^ or knowingly tender in payment^ any counterfeit
or unlawfully diminijhed money ^ and all perfons may not only refufe
the fame <, but may^ and by the ancient flatutes and ordinances of this
kingdom have been required to deflroy and deface the fame ^ and more
particularly the tellers in the receipt of the exchequer ^ by their duty
and oath of office^ are required to receive no moftey but good and true^
and to the end the fame might he the better difcerned and knoivn by
the ancient courfe of the faid receipt of the exchequer^ all money ought
to be received there by lueight as lueil as tale : and zuhereas^ by an a5i^ A61 9 &■ 19,
paffed in the 'ninth and tenth years of the reign of the late King WiUhm Gul. 3.
the Thirds (intituled^ an acSt for the better preventing the counter-
feiting, clipping, and other diminliliing the coin of this king-
.dom,) provifions are made for preventing the currency of clipped and
counterfeit fiver money ^ hut refpe^ing the gold money no provifion is
thereby made ', be it declared and enacfied by the King's mod
excellent M?!Jefty, by and with the advice and confent of the
lords fpiritual and temporal, and commons, in this prefent par-
liament affembled, and by the authority of the fame. That it is Perfons to
and (hall be lawful to and for any perfon to whom any gold whom gold
money (hall be tendered, any piece or pieces whereof (hall be "'*^"^^' ^^J|
diminished, otherwife than by reafonable wearing, or that by the d^mhi^imed '
ftamp, imprelTion, colour, or weight thereof, he (liall fufped otherwife
to be counterfeit, to cut, break, or deface, fuch piece or pieces ; than by rea-
and if any piece fo cut, broken, or defaced, (liall appear to be f^'"^^^^ ^"^^^^^
diminilhed (otherwife than by reafonable wearing) or counter- p^l'^-^^'^^'l^g
feit, the perfon tendering the fame (hall bear the lofs thereof ; counterfeit,
but if the fame (hall be of due weight, and appear to be lawful niay cut or
money, the perfon that cut, broke, or defaced the fame, fliall, ^^^^^^ ^"'^^
and is hereby required, to take and receive the fame, at the rate ?l^^ ^/

' J r J T /!• JT n- n T -L)i!putes to be

is was coined tor; and it any queltion or dilpute (hall ariie, f^^-^gjiy ^^j^^,,
whether the piece fo cut be counterfeit or diminifhed, in man- mined by
ner aforefaid, it Oiall be heard and finally determined by the '^"i^yors, &c.
mayor, bailiff or bailiffs, or other chief oliicer, of any citv or l'^^^^^^'^^'^"^
town corporate, where fuch tender fhall be made ; and' if fuch of t^^eVo^inty
tender fl^all be made out of any city or town corporate, then where fuch

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104 Anno derimo tertio Georgii III. c. 72. [177J;

tender fliall by fome juftice of the peace of the county inhabiting or being

^'l^may ad- ^^^^ ^^^^ P^^^^ where fuch tender fliall be made ; and the faid

minuler oaths. "^^yo^ ^^ ^^^^^^ ^^^^^ officer, and juftice of the peace, (hall

have full power and authority to adniinifter an oath, as he (hall

fee convenient to any perfon for the determining any queftions

relating to the faid piece.

Tellers of the II. And be it further enaded by the authority aforefaid^

exchequer are xhat the tellers at the receipt of his Maiefty's exchequer, and
to cut or dc^ .1-1 .- J T I yi n 1 1 -^ ''^ . , ^ -1

face gold rno- ^^''^^^ oeputies and clerks, mail, and they are hereby required,,

iiey unlawful- to cut, break or deface, or caufe to be cut, broken, or defaced,
ly diminished* every piece of counterfeit or unla\)vfully diminlihed gold money
that (hall be tendered in payment to them, to the ufe of his
Majefty, his heirs or fucceffors, or for or in refpe6l-of any part
of the revenue, aids, impoiitions, duties, or taxes, of his Ma-
jedy, his heirs or fuccefTors : and the better to difcover gold
money that is counterfeit, or unlawfully diminilhed, from that
which is good and true, the faid tellers, and their refpedive de-
puties and clerks, (hall weigh in whole fums or otherwife, all
gold money by them received j and if the fame, or any piece
thereof, (hall, by the weight, or otherwife, appear to be coun-
terfeit, or unlawfully dimmiihed, the fame (hall not be received
by or from them, in the faid receipt of the exchequer, nor be
allowed them upon their refpedlive accounts.

CAP. Lxxir.

An aol to 'permit the free importation of cod-fijh^ ling^ and
hake^ caught and aired in Chaleur Bay, or any other
part of the gulph of Saint Lawrence, or on the coaft of
I^abrador.
Preamble. "^ ^T 7H E R E A S hy an aSf^ made in the fecond and third years of
Aft 2 & 3 y y ^^^ reign of her hie rnajejiy ^een Anne, [intituled^ an ad:

Annse. ^^^ ^.^^^ better fecuring and regulating the duties upon fait,) cod

fi/h^ Ibig^ or hake^ caught and cured at Newfoundland, or Iceland,
are permitted to be imported^ brought in^ or landed^ under certain
reflri^icris and regulations therein particularly mentioned : and ivhereas
it way tend to the increafe of the trade and navigation of this kingdom^
if the like pennlficn were granted of i??2porti?ig and bringing in cod
fijh^ ling, or hah^ caught and cured in Chaleur Bay, or any other-
part of the gulph ^/ Saint Lawrence, or on the coaji of Labrador;
may it therefore pleale your Majefty that it may be ena 6ted ;
and' be it enaifed by the King's molf excellent Majefty, by and
After pafFmg with the advice and confent of the lords fpiritual and temporal,
thjs ait, ali g^^j commons, in this-prefent parliament affembled, and by the
and hake,''^ authority of the fame. That from and after the pafiing of this
caupht ill act, it fliall and may be lawful to import, bring in, in BritiJ})-
Chatenr Bay, built vefTels, navigated according to law, and fubjed: to the
^-<-- »«^^'' ^^^ rules prefcribed in an a6"t of the tenth and eleventh years of the
fub^r^rto the ^e^g^ of ^^s ^^^^ majeily King imiam the Third, (intituled,
r-oks in aft loan^'oH to encourage the trade to Newfoundland,) and to land i;i
& 11 VVih 3, Great Britain^ all cod filhj ling, and hake, caught and cured in

Chaleur

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a

I773-] Anno decimo tertio Georgii IIT. c. 72. 1%

Chakur Bay^ or any other part of the gulph of Saint Laivrence^
or on the coaft of Labrador^ fo as oath be iirfl: made before the oath being
Janding thereof, by the owner or proprietor of fuch fi(h, or the made bv ti^e
mafter of the vedel bringing the fame, before the officer for the 'f ^n^^^^^l/t^h
dutks on fait, in the port or place where fuch fifh (hall be im- f^ hmn'ght ^
ported or brought in, (who is hereby required to adminiiler the ;„, came'^from
fame without fee or charge,) that all the ii(h fo imported or the guiph of
brought in, came from the gulph of Saint Lawrence^ or the coaft St^Lav^rence,
of Labrador^ and were caught and cured there ; and fo as the ''"^*
/aid fifh be, at the landing thereof, and before the fame be re-
moved from the fliore, tendered to the officer of the port or
place for the faid duties, to have part of the tail of every fuch
cod fi(h, ling, or hake, cut off, that no allowance for fuch fjfh *
may be obtained upon exportation; and the faid officer is here-
by impowered and required to cut off part of the tail of all fuch
filh on the landing thereof: and in cafe any fuch fi(h (hall be Penalty on re-
landed or removed from the (bore before the fame (hall be J^^^'^f^ fi?^re
tendered to the officer, to have part of the tail cut, as aforefaid, before tender-
all the fi(h fo ijnported and landed fhall be forfeited, and double ed to the of-
the value thereof, to be recovered of the importer, proprietor, or ficen
Kiafter of the vefTel.

II. And whereas^ in the curing of co'd fijl)^ ling^ and hale ^ r^;2- The mafter of
ftderable quantities of fait are neceffarily thrown over thern^ zi^/^cT.? every vefrel
JJnpped^ to preferve them from f pollings and a great part thereof falls i>,'a fro'm^^"^'
off in unloading the vffeU and it hath been too common a pra6lice for We'^wKonnd-
the oivner or mofier of the veffel^ and people belonging thereto^ to col- Jand, &c\ to
leB fuch loofe and foul fait together y and eland efUnely co?2vey it ^;/ dcilroy all the
fbore^' and fell it at an under price^ whereby his Majeflfs revenue has v^oard in^the
been confulerably injured'^ be it therefore enaded, That from and psefeoce of a
after the paffing of this a6l, the mafter of .every velTel laden with lalt oflicer,
cod filh, ling, or hake, either coming from Neivfoundland^ the
North SeaSy or Iceland^ or the gulph of Saint Lawrence^ or the
coall: of Labrador^ into any port or place in Great Britain^ (liall, -
and is hereby required to throw, or caufe to be thrown, over-
board, and deHiroyed, all the fait that (hall fo fall off, or be in
the veffel, at the time of the unloading or landing of all or any
part of her cargo, in the prefence of an officer for the duties on
fait ; and if the mafter of fuch veffel fhall negledt or refufe fo to Penalty on
do, it fliall and may be lawful to and for the fait officer on board, refufal or
by himfelf, or with fuch affiftance as may be neceffary, to tiirow "^S^^^^j ^Q^*
all and every part thereof overboard, or otherwife detlroy the
fame, and the mafter, for fuch neglecl or refufal, (hall forfeit the
fum of twenty pounds, and cofts ; and if any fuch fait (hall be
landed or run on fliore, the fame, and every part thereof, (hall
be forfeited, and treble the value thereof; and all and every per- Perfons in
fon and perfons in whofe cuftody the fame ihall be found, and who:e custody
all and every perfon and perions who is, are, or fhall be aiding [^^^'^^"^^^ ^^
or affiliingin the landing or running thereof, (hall forfeit the like forfeit ToT ^^
fum of twenty pounds, and cofts ; one moiety of all Vv?hich for- jTorfeitures
feitures (liall be to the ufe of his Majefty, his heirs and fuccef- how to be
fors, and the other moiety to fuch officer or officers who (hall applied,
fcize;, prof^ecut^, or inform for the fame; to be recovered and

M 3 levied

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Google

^^^ Anno decimo tertlo Georgii III. c. 73.^ t'773-

levied in fuch manner and form, and with fuch power of miti-
gation, as any fine, forfeiture, or penalty, is or maybe recover-
■ ed by any law or laws of excife, or by action of debt, bill, plaint,
or information, in any of his Majefty's courts of record at IVe/i^
whijler^ or in^ the court of exchequer in ^coiland^ wherein no
effoin, protection, or privilege, wager of law, or more than one
imparlance, (hall be allowed.

CAP. LXXIII.

An aul to continue and mnend an aci^ made in the fixth year
of the reign of his prefent Majefty, intituled^ an aft for
opening and eftablifhing certain ports in the iflands of
Jamaica and Dominica^ for the more free importation
and exportation of certain goods and n^erchandifes ; for
granting certain duties to defray the expences of open-
ing, maintaining, fecuring, and improving, fuch ports;
for afcertaining the duties to be paid upon the importa-*
tion of goods from the faid ifland of 'Dominica into this
kingdom •, and for fecuring the duties upon goods im-
ported from the faid ifland into any other Britifo colo-
ny ^ and for allowing timber and wood to he exported fro?n
the faid ifland of Dominica into any other of the Britifh
iflands y colonies^ or plantations in America for a limited
time.

Preamble. T ¥ ZHER EAS an ^^, made in the fixth year of the reign of his
Ad 6 Geo. 3. Vv prefnt Majefy^ {intituled^ an a6l for opening and efta-
blKhing certain ports in the iflands ol Jamaica and Dominica^ for
the more free importation and exportation of certain goods and
merchandifes; for granting certain duties to defray the expen-
ces of opening, maintaining, fecuring, and improving, fuch
ports ; for afcertaining the duties to be paid upon the importa-
tion of goods from the faid ifland of Dominica, imo this kingdom ;
and for fecuring the duties upon goods imported from the faid
ifland into any other Briti/Jo colony,) which was to continue in
force until the firft day (j/" November, one th ouf and f even hundred
and feventy three ^ and from thence to the end of the then next fejjion
of parliament^ hath been found if eful and beneficial^ and luouldiecome
more fo if it luas continued^ altered^ and amended y may it therefore
pleafe your Majefly that it may be enadfed ; and be it enabled
by the King's moft excellent majefly, by and with the advice
and confent of the lords fpiritual and temporal, and commons
in this prefent parliament aflembled, and by the authority of
further con- xh^ fame. That the faid adV, and every thing therein contained,
tinued till ^except fo much thereof as is by this a6t altered and amended,)
^ ' '' ^ ' fliall be, and the fame is hereby further continued until the firft
day oi Nove?nber^ which fliall be in the year of our Lord one
thoufand feven hundred and eighty, and from thence to the end
excpptwhat Qf the then next feflion of parliament, (except what relates to
Ja<naica^ ^^^^ ^^^^ ifland Qijamaica^) which fliall have continuance only

until

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I773-] Anno deciino tertio Georgii III. c^o,^- i^7

until the firft ^2.^ o^ November^ one thoufand feven hundred and wMdh Hjall
ieventy-four, and from thence to the end of the then next fef- ^'^'Jl'Ji^^f ^""^^ ^
fion of parliament. ^ ^ 1774.

II. And be it further enacted by the authority aforefaid', After Nov. i.
That from and after the firfl: day of November^ in the prelent 1773. cocoa
year one thoufand {^^^tw hundred and feventy-three, any cocoa amd coffee, of
and coffee, either in or out of the hufk, being; the growth and the produce
produce of the faid iHand of Dominica^ may be imported mto ^^^^ ^^^ ^^*
Great Britain under certificate, in hke manner, and under fuch imported ua-
fecuricies, regulations, and reliridions, and fubjedl to I'uch pe- der iach re-
nahies and forfeitures, as fuo:ar and rum, the grosvth and pro- p'ations as
duce of the faid liland, are alfowed by the faid ac^ to be imported ^.^Zlltl^x^
into Great Britain', and that from and after the faid iirll: day of in^'^j^
November^ one thoufand feven hundred and feventy-three, any
coffee in the hufic, being of the growth and produce o'i any
other of his Majeily's colonies or plantations in America^ may be
imported into Great Britain in 5nVi/;6-built (hips, navigated ac-
cording to Jaw, from any of the faid colonies or plantations.

in. Provided always, and be it ena61ed by the authority An allowance
aforefaid, that a dedudion or allowance of one-feventh part ?f ^"^ ^^ventti
fhall be made from and upon everyone hundred pounds weight J^^e[ahtTo%*
of all coffee in the hufk, of the grow^th and produce of the faid ,y,a,i^s from all
illand of Domviico^ or of any other Briiifo colony or plantation coffee in the
in America^ which fhall be from thence imported into Great'^^^^^'-^^^'J'^'^'^-
Britain', for which quantity, fo deducted as aforefaid, no cuftom ^^'^^^^y ^^^^^
or duty of excife fhall be paid by the importer or proprietor
thereof.

IV. And be it further enacted by the authority aforefaid. Duties pay-
That from and after the faid firft day q{ November^ in the pre- able on the
fent year one thoufand {t^^n hundred and feventy-three, the i'^portarjon
duty of one pound ten (liillings, payable by the faid acl of the tionofneoroea
iixth year of the reign of his prefent Majefty, for and upon ro and from
every negroe imported into the faid ifland of Dominica^ and upon DominicH and
every negroe exported from the faid illand of Jamaica^ Hiall J?-i^^ica*
ceafe, determine, and be no longer paid or payable; and that,
inftead and in lieu of the faid duties, there Oiall be raifed, levied,
coileded, and paid, unto his Majefty, his heirs and fucceffors,
a duty of two (hillings and fixpence for and upon every negroe
which fhall be imported into the faid ifiand of Dominica, or
which flriall be brought into any port, harbour, or river, belofig-
ing to the faid ifland, with an intent to be landed, fold, or te-
lliipped on board any other veilel there, in order to be carried
into any other colony or place whatfoever ; and alfo a duty of
two fliillings and fixpence upon every negroe which (hall be
exported from the faid ipAand of Jamaica; whicli faid refpc-clive
duties fhall be deemed and taken to be fterling money of 0^^^?
Britain, and (hall be refpectively received, raifed, levied, coliccl-
ed, paid, and recovered, and fhall be applied and difpofed of, in
fuch and the fame manner, to all intents and purpofes, as the
duties hereby repealed and taken off are by the faid recited act
directed to be received, raifed, levied, collected^ paid and re-
covered, applied, and difpofed of.

Ivi 4 ^ V. And

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?6S Anno decimo tertio Georgii IIL 0,74. [1773.

'Jimber ^^^^^ V. Jnd whereas there are growing in the /aid ijland <y^Dominica,
minTcamay^' ^^^^^ ^r/^/z/i^/Vj of timber and wood fit for building fu gar mills and
be exported ^^/-^'^ purpofes : and zuhereas thofe articles are frequently pur chafed by
and imported the inhabitants of the other Britith iflandt^ colonies^ and plantations in
<"k ^"^^"h^' Ainenca5y>7?/77/^r^/^;/fr55 at a great expence ; be ij: therefore fur-
penaUierin ^ ^^^^ enadted by the authority aforefaid. That from and after the
Aid 12 Car. 1. f^^^ ^^ft ^^y of November^ in the prefent year one thoufand
' ' ' feven hundred and feventy-three, any timber or wood of the
grovv'th or produce of the laid ifland o^ Domirdca^ may be export-
ed therefrom, and imported into, any other of his Majefty's
iflands, colonics, or plantations, in America^ in any fliip or vef-
fel, B'(itijh-h\i\\i^ not having more than one deck, and navigate4
sccording to law, and landed therein, under fuch Securities,
regulations, and reftridions, and fubje6l to the fame penalties
and forfeitures, as are mentioned in an ad, made in the twelfth
year of King Charles the Second, (intituled, /7;/^^/?r^;;r^^r^o'//7^
and increafing of /hipping and navigation^) until the firfi: day of
November^ one thoufand feven hundred and feventy-fix, and
tntil Noy* from thence to the end of the then next feffion of parliament ;
^J^^' the faid herein firft-recited ad, or any other ad, law, or ufage^

to the contrary notwithftanding.

GAP. LXXIV.

An afl for the letter afcertaining the tonage and burthen of
Jloips a7id veffels importing and e:>cporting goods into and
from this kingdom^' or hovering upon the coafts therofy
for amending fo much of an aS^ made in the lafl feffon of
parliament^ for lowe?'i?ig the duty payable upon the impor^
tation of oak bark^ as relates to the fuing for the penalties
and forfeitures thereby infu5Ied in the court of exchequer in
Scotland \for appropriating the duty on oak bark^ granted
by the faid aS *, and for obviating doubts which have arifeu
with refpeEi to the allowing the drawback upon certain
callicoes'^ and the bounty upon Brkifh-made cordage export-
ed to the iflands of Madeira^ the, Canary iflands^^ and the
Azores or zvcftern iflands.

preamble. "^T 7*^ E R E A S, by an ocl of parViofnent^ m$de in the fxih
^ct 6 Geo* 2, y V y^^^ of the reign of his late majefly King George the Firjl^
intituled 3 2n ad ^oy preventing frauds and abufes in the publick
revenues of excife, cuftoms, ftamp-duties, poft-ofHce, and houfe
iT^oney, and by fever al fuhfequent aSls of parliament^ a rule is pre-
fcribcd for admeafuring of f hips and veffels importing brandy and
other fpir its ^ and hovering upon the coafh^ of this kingdom with va-
rious goods prohibited to be imported here \ but no rule being prefcribed
by lavo for the admeafuring of fAps 07; veffels exporting fpir its from
Great Britain into foreign parts ^ and in various other cafes where,
the tonage and burthen of flnps or veffels^ trading to and frojji this

kingdom^ is ncceffary to be. known and ofcertained 3 and it being expe- -

' '■ ■ ' ■ ' " ■■ ■ ■ •-• ■ • ..• ^ '-■'■■'- ■ ■ ■ ' ■■ - ^^^^1

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17730 Anno decimo tcrtio GeoRGII III. c. 74. 1%

dient thot one certain rule for this purpofe Jhould he fettled and efa-
blified in all cafes^ to prevent any difputes that may arife concerning
the tonage and burthen ofJuch/Jnps or veffels ; be it therefore enacled
by the King's mod excellent majelty, by and with the advice
and confent of the lords fpiritual and temporal, and commons,
in this prefent parliament aflembled, and by the authority of the
fame, That from and after the firft day of Augu/l, one thoufand ^^f ^ 3)^^ ^^'^e
feven hundred and feventy three, the tonage and burthen of any ,^e^}ured for*
fhip or veiTel importing or exporting brandy, or other fpirituous afcertaining
liquors, or any other goods whatfoever, into or from this king- the tonage,
dom, or hovering upon the coafts thereof, and where the owner
or proprietor, or other perfon, (hall be intitled to any bounty
or allowance, according to the tonage of any fhip or vefTel, and
in all other cafes whatsoever where the tonage and burth.en of
any (hip or vefTel (hall be necefTary to be afcertained and known
by any ad or a6lsof parliament made, or hereafter to be made,
concerning the revenues of cuftoms, excife, or fait duty, the
rule for admeafuring fuch fhips or veffels (hall be as follows ;
that is to fay, the length fhall be taken on a fcreight line along
the rabbet of the keel of the Ihip, from the back of the main
ftern poft to a perpendicular line from the forepart of the main
iiern under the bowfprit, ho^n which fubtracfting three- fifrhs of
the breadth, the remainder (liall be efteemed the juft length of
the keel to find the tonage; and the breadth Ihall be taken from
the outfide of the outfide plank, in the broadeft place of the (hip»
be it either above or belovj the main whales, exclufive of all
manrier of doubling planks that may be wrought upon the fides
of the fhip, then multiplying the length, of the keel by the
breadth fo taken, and that producft by half the breadth, and di-
viding the whole by ninety- four, the quotient fliall be deemed
the true contents of the tonage; according to which rule the
tonage of all fuch (liips and vclTels ihall be meafured and afc-er-
lained, any thing in the faid recited act of the fixth of King
George the FirO:, or any other ad or a6ls of parliament to the
contrary notwithflianding.

IL Provided always, and it is hereby further enacled by the Not to alter
authority aforefaid. That nothing herein contained (liali extend, the mefhod of
or be confi:rued to extend, to make any alteration in the method ''^dmeaiunng
of admeafuring keels, boats, and other veiTels, ufed in carrying ^ ^^>

coals, purfuant to an ad, made in the fixtli and feventh years
of the reign of King JVilUam the Third, intituled, an atl for the
better adineafiirement- of keels and keel boats in the port ^Newcaflle,
and the members thereto belonging: provided alio, that nothing nor of velTels
herein contained (hall extend, or be conilrued to extend, to ^''^^^P^^X^^/^"
make any alteration in the method of admeafuring any bufs or ri^noM^flierv^*^'
vefiel ufed in carryino; on the white herring fifhery, purfuant to ^ '
the feveral ads made for the encouragement of the Britif) "white
herring fifliery.

III. And zvhereas doubts have arifcn upon the confer u^ion of an aB^ Ad 12 Geo, 3,
pmde in the lafl fejfton of parliament^ imitukd^ an ad for encourag-
ing the manuf^dure of leather^ by lowering tlie duty payable

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^7^ Anno decimo tertio Georgii III. c. 74- [^773.

upon the iaiportation of oak bark, when the price of fuch bark
(hall exceed a certain rate, for a limited time, ivhcther oak barky
feizcd and condemned within that part (?/ Great Britain called Scot-
land, in purfuance of the [aid recited a^^ and the penalties and for-
feitures thereby \nfli5fed^ rnay be fuedfor^ profecuied^ and recovered^
in the ccurt ^/Exchequer in Scotland ; and by reafon of fuch doubts
great frauds and abufes may be committed : now^ for removing and
putting an end to the fame ; be it enaded by the authority afore-
Penalties for f^id, That all fuch oak bark which (hall be feized and con-
oak bark feiz- demned within that part o{ Great Britain called Scotland, in pur-
ed and con- fuance of the faid recited aft, and all offences againfl: the fame,
Scotrand!may ^"*^ ^^^ penalties and forfeitures whatfoever thereby inflicted,
be recovered ^"^^ll and may be refpe6f ively fued for, profecuted, recovered, and
in the court of applied, in the court of exchequer in Scotland^ by fuch perfons
exchequer refpedively, and in the fame manner, as fully and amply, to all
courVsof re- ^'^^^"^^ and purpofes, as they might in any of his Majefty's
co)d at Weft- courts of record at TVeJlminjhr^ in like cafes happening in that
minfter. part of Great Britain called England.

How the duty IV. And whereas the duty of one penny per hundred iveight upon
of id per hun- oak bark imported into this kingdom^ which was granted by the faid
dred weight recited a5l^ is not appropriated by parliament \ be it therefore further
imported into ^^^^^^^^ by the authority aforefaid, That all the monies arifmg
this kingdom by the faid duty on oak bark, which was granted by the faid
is to be ap- recited a6l, fhall be accounted for by the feveral officers of '
phed. }-jis Majefty's cuiloms, who (hall colled and receive the fame,

to that branch of the cuftoms which is called The Old Subfidy^
and fliall be "applied and appropriated to the fame ufes and
purpofes as other monies arifing by the faid branch of cuftoms
are applied and appropriated by virtue of any a6l of parliament
now in force.
A61 6 Geo. 3. ^ * ^^^^ ivhereas by an a5i of parliament^ made in the fixth year of
* the reign of his prefcnt Majefly^ intituled^ An adl for repealing
certain duties in the BritiJJj colonies and plantations, granted by
feveral a61s of parliament ; and alfo the duties impofed by an acl",
made in the laft feflion of parliament, upon certain Eafi India
goods exported from Great Britain^ and for granting other duties
jnfiead thereof; ana for further encouraging, regulating, and
fecuring, feveral branches of the trade of this kingdom, and the
Britijb dominions in America^ it is^ amongfi other things^ ena5ied^
That a drazvback or allovoance of the duty paid in purfuance of that
clI fiall be repaid, according to the refpeofive rates and values therein
expnffed^ upon the exportation from this kingdom to Africa of certain
printed callicoes of the mQnufa5lure <?/Perfia, China, or Eafl India,
and a6l iz ^ in the faid a6l particularly enumerated: and whereas by another aSi
Geo. a.recit- of parliament^ made in the twelfth year of his faid Majeftys reign^
^^- intituled^ An act for granting a drawback of parr of the cuftoms

upon the exportation of tea to Ireland and the i?;7V//y5'dominions
in Americas for altering the drawback upon foreign fugars ex-
ported from Great Britain to Ireland \jo\ continuing the bounty
on the exportation of Briti/h-mz^Q cordage ; for allowing the
importation of rice from the Britijh plantations into the ports

4 ^f

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1 773-] Anno decimo tertio Georgu III. c, 74. 171

o^ Brijlol^ Lwerpoole^ Lancajler^ and Whitehaven^ for immediate
exportation to foreign parts ; and to impower the chief magi-
ftrate of any corporation to adminifter the oath, and grant the
certificate required by law upon the removal of certain goods to
London^ which have been fent into the country for fale, // /j,
among ft other things^ ena^ed^ That no bounty Jhall he allowed for any
cordage tvhich fhall he exported^ or entered for exportation^ to any
part of M\2i^ Africa, or America, the Ifle of Man,^r the iflands of
Faro or Ferro : and whereas doubt i have arifen^ whether the i funds
cf Mjideirz, and the Azores or ivejiern iflands^ are to be deeined
fart ^Africa, within the intention of thefe a^s\ and there is reajon
to believe that fuch callicoes have been^ and may be ^ entered for expor-
tation from this kingdom to the f aid ifands (?/^ Madeira, as well as to
the Canary ifands^ and the Azores or weft em ifands^ and after-
wards clandeflinely landed in //;^Briti(h plantations in America, and
that BntiOn-made cordage entered for exportation from this kijigdom
is the faid y[2idt\vz ifands^ and the Azores or wejlern ifands may
be afterwards clandeflinely landed in fome parts of A£\2i^ Africa, or
America, ivhereby the good purpofes intended by the [aid recited a5fs
may be fruflrated\ for remedy whereof, be it enaded by the au- After Anguft
thority aforefaid, That from and after the firft day oi Auguft^ i, 1773, the
one thoufand feven hundred and feventy-three, the drawback J^rawback and
granted by the firft recited- ad, made in the fixth year of his erb'^tlfe bel'
Majefty's reign, upon the exportation of the printed calicoes fore recited
therein mentioned ; and the bounty by the laft recited adt, made a6ls upon cer-
in the twelfth year of his Majefty's reign, or by any other a6t of ^^'" goods
parliament upon the exportation of 5r/V//7->-made cordage, fhall ^o^^ed^n'^tTo"
not be paid or allowed upon the exportation of fuch goods re- be allowed on
fpedively from this kingdom to the faid iilands of Madeira^ the faid goods
Canary iilands, the Azores or weftern iilands, or to any or either exported to
of them; any thing in tlie faid recited acls, or any other ad, ]^^^^ll^^' '^^^
ufage, or ciiftom, to the contrary notwithftanding. idaiKis, &c,

VJ. And be it further enadied by the authority aforefaid, PenaUy for
That if any merchant or other perfon (liall enter any fuch calli- entering cal-
coes or cordage for .exportation to foreign parts, other than to licoes and
the faid iflands, in order to obtain the drawback or bounty for c*^"^^^?^ ^^
the fame, and fuch goods (hall neverthelefs be carried to the faid p^^^^^ a°nd'^^
iflands, or either of them, and landed there, contrary to the true landing thtm
intent and meaning of this ad; that then, and in every fuch on faid
cafe, the drawback or bounty paid, or to be paid, for the fame i^^'^^^'^-
fhall be forfeited, and the exporter of fuch goods, and the mafter
of the fliip or-vefTel, on board which fuch goods were loadea
and exported, and every perfon concerned or alTifting in the
exportation or landing thereof, fhall forfeit treble the value of
fuch goods, and the fliip or velTel on board which fuch goods
were loaden and exported, with all her tackle, furniture, atVd ap-
parel, fliall alfo be forfeited, and (hall and may be feized and
profecuted by any officer or officers of the cuftoms in Great
Britain-, and the feveral penalties and forfeitures^ herein-before
mentioned fhall and may be fued for and recovered, in fuch and
the like manner a^s any forfeiture incurred by any law of the

revenue

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l^^

After Aug. i,
1773, the
idands of Ma-
c]^ira» &c. to
be added to
the oath upon
debentures for
callicoes and
cordage ex-
ported.

Preamble,

Anno decimotcrtio GeorgII III. 0.75/ {1773.
revenue of cuftoms may be fued for and recovered in this king*
dom ; one moiety of which penalties and forfeitures, after de-
du6ling the charges of profecution, fliall be to the ufe of his
Majefty, his heirs and fucceffors, and the other moiety to fucli
officer or officers of the cuftoms as Ihall fue or profecute for the
fame.

VII. And be it further enac51:ed by the authority aforefaid.
That, from and after the faid firft day o^ Jugnjlj one thoufand
hv^n hundred and feventy-three, the faid iflands of Madeira^
the Canary iflands, and the Azores or weftern iflands, fliall be
added to, and included in, the oath, upon all debenturca for
fuch callicoes and cordage exported, whereon the exporter is to
fwear that the fame are not landed, ox intended to be landed, in
Great Britain or Ireland,

CAP. LXXV.

An a^ for enahUng John, Robert, James, md Wiliiam
Adann, to difpofe of feveral houfes and buildings in the .
parifloes of Saint Martin in the Fields, and Saint Mary
]e bon, in the county <?/ Middlefex, and other their effe^s^
by way of chance^ in fuch manner as may be mofl for the
benefit of themfelves and creditors,

WHEREAS John, Robert, James, ^;^i William Adam,
of the pari Jl) ^ Saint Martin in the Fields, in the county
(?/"Middlefex, have ere^ed many great and expenfrue buildings^ with
cG?7miodious wharfs and vjarehovfes^ upon a piece of ground formerly
called Durham Yard, now r^//^^/The Adelphi, fituate in the faid
pari ft) (?/' Saint Martin in the Fields, and adjoining to the river
Thames ; and have^ by means of fubterraneous flreets^ pointed out
a new and effc^ual method to keep the accefs to the houfes c\iftin6l from
the traffick of the ivharfs and ivarehoufes^ thereby conneBing gran-
deur and magnificence luitb utility and commerce ; and have alfo ere^i-
ed fome great and expenftve buildings in Queen Anne Street and
Mansfield Street, in the pari JJo of Saint Mary le bon, in the [aid
county <5/Middlefex, and are poffejfed of feveral Jh ares of ftoc'k in
trade of the Carron Company, and of many valuable flatues^ pic-
iures^ and antiquities : aud ivhereas the faid ]ohn^ Robert, James,
and William Adam, h^we employed great numbers of workmen and
artifh in erecting the faid buildings^ ivharfs^ and ivarehoufes^ and
have expended great fums of money ^ and contra^ed large debts ^ ' in
bringing the faid buildings^ ivharfs^ and luarehoufes to the degree of
perfe^ion in which they now are^ and it will yet require a very coit-
f der able fum for the completion thereof \ and iinlefs fom.e encourage-
ment^ under the fan5lion of parliament^ be given ^ to impower them
to difpofe of their ejlates and efie5is to the be ft advantage^ whereby
they may be enabled to continue their ufe fid endeavours^ zvhich have for
many years pa ft found employment for many thoufand workmen and
artifts in different parts of the kingdom^ the debts ivhich they ^ have
cojitrauled cannot fpeedily he di [charged^ and great numbers of the [aid
vjorkmcn and art if is will be deprived of employ me^U : in order there-
fore

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I.773-J Anno decimo tertio GEorgii III. G.75'. 173^

fore that thefe ufeful undertakings may be completed ; may it
pleafe your Majefty (at the humble petition of the faid John^ Ro-
bert^ JameSj and William Adam) that it may be enaded ; and be
it enaded by the King's mod excellent majefty, by and with the
advice and confent of the lords fpiritual and temporal, and com-
mons, in this prefent parliament aflembled, and by the autho-
rity of the fame, That it (liall and may be lawful to and for the
faid John^ Robert^ James and William Adam^ their heirs, execu-
tors, adminiflrators, or affigns, and they are hereby authorifed At any time
and impowered, at any time or times, before the firft day of before Jan. i^^
January^ one thoufand feven hundred and feventy-eight, to M\ y^^j^f'
and difpofe of the faid buildings, wharfs, and warehoufes, com- J^e impower-
pofing the faid Adelphi^ and of the buildings in ^leen Anne ed to fell
Street^ and Mansfield Street aforefaid, and other their eftates their build-
and efFeds, fpecified in the fchedule to thisacSt annexed, in fuch ^"^gh^c- .
manner as they the faid John^ Robert^ James and William Adam ^ iTable for pe-^
their heirs, executors, adminiflrators, ora(Iigns,fliall think proper, nalties for
without being liable or fubje6l to any penalty or forfeiture im- fale by way
pofed by any ad or ads of parliament againft any fale or fales of lottery.
by way of lottery, or by lots, tickets, numbers, or figures ;
and that fuch fale or fales, fo to be made of the faid buildings^
wharfs, and warehoufes, and of the feveral parts thereof com-
pofing the faid Adelphi^ and alfo of the faid buildings in ^leen
Anne Street and Mansfield Str^et^ and other their effecls, as a-
lx>refaid, by the faid John^ Robert^ James^ and William Adam^
their heirs, executors, adminiftrators, or affigns, before the faid
fir^ d^iyoi January y one thoufand feven hundred and feventy-
eight, (hall be good and valid, any law or ftatute to the contra-
ry thereof notwithftanding.

IL Provided always, That nothing in this a6l fhall extend, or p^ovifa
be conftrued to extend, to authorife any more than three lotte-
ries for difpofing of the faid efFeds.

III. Provided alfo, and be it further fenacled by the authority what fum of
aforefaid. That the fum to be raifed by the faid John^ Robert^ money Hiall
Jamesy and Williain Adam^ their heirs, executors, adminifcra- be raifed,
tors, or affigns, by way of lottery tickets or numbers, fhall not

exceed the fum of two hundred and twenty-four thoufand
pounds, upon the fale of the vv'hole of the faid buildings, wharfs,
warehoufes, and other the premifes and effeds mentioned in
the fchedule hereunto annexed,

IV. And be it farther enaded by the authority aforefaid. Tickets not to
That no ticket in the faid lottery (hall be fold at a lefs value belefstnan
than fifty pounds, S*^'- each.

V. And be it further enaded by the authority aforefaid. That Lji^^f t^^
previous to the drawing of each or any of. the faid lotteries, a prizes and
lifl of the particular prizes in fuch lottery (hall be publifned in ground rents
one or more of the London daily news-papers, in which lift the ^^ be pubhih-
ground rents afFeding each houfe or building compofing the ^^^^^-^^^^ ^^^^
prizes in fuch lottery (hall be particularly fpecified. theToulry.

VI. And be it further enaded by the authority aforefaid. That ^^\^.-^ aa'
this ad (hall be deemed and taken to be a pubhck ad^ and (hall

be

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174 Anno decimo tertio Georgii III. C.75- [i773l^

be judicially taken notice of as fuch by all judges, juftices, and
other perfons whomfoever, without fpecially pleading the fame.

The SCHEDULE above referred to,

CONTAINING

An account of the buildings, wharfs, and warehoufes, al-
ready completed, or now completing, together with
other efFefts of the faid John, Robert^ James, and
William Adam, which are intended to compofe a fale or
fales by way of lottery.

In the parifli of Saint Mary k Bon,

ON E houfe with a ftone front in ^leen Anne Street^ Caven^
diJI) Square, facing Chandois Street,
One houfe on the weft iide of Mansfield Street, and the corner
of Neiv CcivendiJJ) Street, in the occupation of lord Scar/dale,
One houfe on the eaft fide of Mansfield Street, and the corner of
Neiv CavendiJI) Street, fronting lord Scar/dale's,

In the Adelphi.
One houfe on the terrace, being the fecond weft fronn Adam

Street, in the occupation oi John Hart Cotton efquire.
One houfe on the terrace, being the fifth weft from ^i^w Street^

in the occupation of mefiieurs Adam,
One houfe on the terrace, being the feventh weft from Adam

Street,
One houfe on the terrace, being the eighth weft from Adam

Street,
One houfe on the terrace, being the ninth weft from Adam

Street.
One houfe on the terrace, being the tenth weft from Adam

Street,
One houfe on the terrace, being the eleventh weft from Ada?n

Street.
One houfe on the eaft fide of Adam Street, next to the terrace,

in the occupation of William Gunthorpe efquire.
One houfe on the eaft fide of ditto, being the third from the

terrace.
One houfe on the eaft fide of ditto, facing John Street,
One fmall houfe on the weft fide oi Adam Street, in the- occu-
pation of John Jones, paftrycook.
One houfe now ufed as a tavern on the weft fide o^ Adam Street,

and corner of John Street, in the occupation of William O shorn,
"One houfe nexi: to ditto, on the north fide of John Street, in

leafe to Mr. Alexander Eddie,
One I o'ofe on the north fide oi John Street, adjoining on the

weft to the houfe belonging to the fociety of arts.

One

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1773-1 Anno declmo tertio Georqii III. c. 75^ 175

One houfe on the north fide of ditto, adjoining to ditto.
One houfe on the north fide of ditto, adjoining ta ditto.
One houfe on the north fide of ditto, adjoining to ditto.
One houfe on the north fide ofditto^ adjoining to ditto.

[The three laft-rnentioned houfes, together with tHree
fmall houfes in WilUam Street^ are eventually intended
to be formed into a chapel.]
One houfe on the fouth fide of John Street ^ being the fecond

weft from Adam Street,
One houfe on the fouth fide oi John Street^ being the third weft

{r ova Adam Street^ in the occupation of Mr. Anthony Ziuchl,
One houfe on the fouth fide of ditto, being the fourth weft from

Adam Street,
One houfe on the fouth fide of ditto, being the fifth weft from

Adam Street.
One houfe on the fouth fide of ditto, being the fixth w^eft from

Adam Street,
One houfe on the fouth fide of ditto, being the feventh weft

from Adam Street,
One houfe on the fouth fide of ditto, being the eighth weft from

Adam Street,
One houfe on the fouth fide of ditto, being the ninth weft from

Adam Street.
One houfe on the fouth fide of ditto, being the tenth weft from
' Adam Street,
One houfe on the fouth fide of ditto, and corner of Robert

Street^ being the eleventh weft from Adam Street^ in the oc-
cupation of William Adam^ dquire.
One hpufe on the weft fide of Robert Street and corner of John

Street^ confifting of five ftories, each ftory being one fee of

chambers \ viz.
Firft ground ftory in ditto.
Parlour ftory in ditto.
One pair of ftairs ftory in ditto.
Two pair of ftairs ftory in ditto.
Attic ftory in ditto.
One houfe in John Street,, confifting of five flories as above,

each ftory being one fet of chambers, vi%.
Firft ground ftory in ditto.
Parlour ftory in ditto.
One pair of ftairs ftory in ditto.
Two pair of ftairs ftory in ditto,
Attic ftory in ditto.
One lioufe in John Street and corner of George Street^ Tcrk

Buildings.
One houfe in George Street,, adjoining fouthwards to the above.
One houfe in Robert Street,, confifting of five il:ories, each f^ory

being one fet of chambers j vi%,
Firft ground ftory in ditto.
Parlour ftory in ditto.
One pair of^ ftairs ftory in ditto.

Two

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17^ Anno decimo tertlo' Georgii HI. C. "j^. \M*li'^

Two pair of flairs ftory in ditto.

Attic ftory ia ditto.

One great houfe on the weft fide of Robert Street^ fronting the

river.
Gne houfe on the eaft fide of Robert Street^ being the fecond

from the terrace.
One houfe on the eaft fide oi James Street and corner of John

Street,
One houfe on the eaft fide oi James Street and corner of William

Street.
One houfe on the fouth fide of William Street^ adjoining on the

eaft fide to ditto.
One houfe on the fouth fide of William Street^ adjoining to ditto.
One houfe on the fouth fide oi William Street ^ adjoining to ditto*
One houfe on the fouth fide oi William ^/r^^z*,- adjoining to ditto.
One houfe on the fouth fide of William Street^ and corner of

Durham Street^ adjoining to ditto.
One houfe in the Strand^ and eaft corner of Adam Street.
One houfe adjoining to ditto, entering from the Strand,
One houfe adjoining eaft ward to the laft^mentioned houfe, anv^

corner oi Ivy Lantyin the occupation of Kettlewell^

One houfe on the eaft fide of Ada?n Street^ being the fecond
from the Strand i

One houfe adjoining to ditto, fouth ward, on the eaft fide of
Adam Street^ being the third from the Strand.

One houfe entering from the Strand^ being the fecond weftward
from Adam Street^ in the occupation of Benjamin Hodgfoii^
leather-feller.

One houfe adjoining to ditto, weftward, being the third from
Adam Street^ in the occupation of Walter Rujfell^ cabinet-
maker.

One houfe adjoining to the laft-mentioned houfe, weftward, be-
ing the fourth from Adatn Street^ m the occupation of Mr.
T'ownjlund,

One houfe adjoining to the laft-mcntioned houfe, weftward, be-
ing the fifth from Adam Street ^ in the occupation of mefiieurs
Edie and Dupin.

One back houfe, fituated behind tlie houfes above- mentioned^'
to be in the occupation of Walter Ruff'eL

One back houfe behind the houfe nnentionedj to be in the oc-
cupation 01 Benjamin Hodgfon.

One wharf, containing one huhdred and fixty-twofeet in frcnt,^
being the moft wefterly, adjoining to York Buildings^ together
with ftabhng for twenty-five horfes, under the weft end of
John Street :

Qne wharf, containing one hundred and fix {cQt in front, ad-
joining to ditto, eaftward, together with ftabling for twenty-
five horfes, under the weft tnd of John Street.

One wharf, containing feventy-five feet and a half in front, ad-
joining eaftward to ditto, witl> ftabling for fijcteen horfes^ ua«
^ler Adam Street.

One

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lyS^*] Annodeciino tertio Georgii III. c 7^, 177

One wharf, adjoining eaftward to ditto^ and bounded eaftward

by Ivy-bridge StairSy being fixty-eight feet and a half in front,

with ftabling for fixteen horfes, under Jdam Street,
One large room or warehoufe under Jdcim Street^ fronting the river.
One fmall houfe under the terrace, and over the arcade, oppo-

fite to the terrace houfes, and fronting the river.
One other ditto, adjoining to ditto*
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto.
One other ditto, adjoining to ditto*
One other ditto, adjoining to ditto.
One large room or warehoufe under Robert Street^ fronting the

river.
Ten double warehoufes, fituated between Lower Adam Street and

Lower Robert Street^ entering from the wharfs and arcade \ viz.

One warehoufe under the arcade, lower ftory.

One ditto — ditto — ' — • upper flory.

OnQ ditto ditto lower ftory.

One ditto ditto upper ftory.

One ditto ditto lower (lory.

One ditto ditto -* upper ftory.

One ditto ditto * lower ftory.

One ditto ditto upper ftory»

One ditto — — ditto — lower liory.

One ditto ditto upper ftory.

One ditto ditto lower ftory.

One ditto ditto ^ upper ftory.

One ditto ditto -■ lower ftory.

One ditto -- — - ditto upper ftory.

One ditto ditto lower ftory.

One ditto — — ditto upper ftory.

One ditto ■ ditto lower ftory.

One ditto ditto upper ftory.

One ditto -^ — - ditto lower ftory.

One ditto ditto upper ftory.

One fmall office under the arcade, and entering from ditto.

One ditto ditto ditto.

One ditto ditto ditto.

One ditto -: d'tto ditto.

One ditto ^ ditto ditto.

One ditto ditto ditto.

One ditto ditto — ditto.

One ditto ditto ditto.

One ditto ditto ditto.

One ditto ditto — — ditto.

Vol. XXX. N

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^7^ Aond decimo tertio GeoRGII III. G. ^5. [1773.

A large vault, or double warehoufe, under the e'aft wing of

Adam Street y fronting the river^ upon the wharfs^ lower

ftory.
Ditto upper ftory.
Eight vaults or warehoufes adjoining to ditto, and entering from

Lozver Adam Street ; viz.
One Vault, being the fecond from the wharf.
One ditto, being the third from ditto.
One ditto, being the fourth from ditto.
One ditto, being the fifth from ditto.
One ditto, being the fixth fromi ditto.
One ditto, being the feventh from ditto.
One ditto, being the eighth from ditto.
One ditto, being the ninth from ditto*
A large vault or double warehoufe, lying under the great houfe

in the weft wing of Rabert Street y fronting the river, lower

ftory.

Ditto. upper ftory.

One vault under the broad part of Adam Street.

One ditto. ditto.

One double vault for coach-houfe and ftable on the north fid^

of the Meius Street^ fituated between Lower Adam Street an4

Lo'wer Robert Street.

One ditto. — — - ditto.

One ditto. — — • ditto.

One ditto. — — ditto.

One ditto. ditto.

One ditto. ditto.

One ditto. — — • ditto.

One ditto. - •■ ditto.

One ditto. ■= — - ditto.

One ditto. — — - ditto.

One double vault for coach-houfe and ftable on the fouth fid*
of the Mews Street^ fituated as above.

One ditto. ditta.

One ditto. ditto.

One ditto. ditto. '

One ditto. ■ ditto.

One ditto. ditto.

One ditto. ' ditto.

One ditto. ditto.

One ditto. ^ ditto.

One ditto. ditto.

One vault, fituated under the houfes on the north fide of John

Street,

One ditto. ditto.

One ditto. • ditto.

One • ditto. ditto.

One ditto. ditto..

2 One

Hosted by Google

?773-] ^^^^ decimo tertio Georgii III* c, 75; tyg

One - — - ditto. ■ ditto.

One ditto. — ^— ditto.

Qne r- ditto. ditto.

One ditto. .— ditto.

One ditto. — ditto.

One ditto. ditto. '

One vault under the chambers in Robert Streets

One =• ditto. ditto.

One fmall vault under Lower John direst.

One ditto. ditto.

One ditto. ditto.

One ditto. ditto.

One ditto. • ditto.

One ditto. —- — ditto.

One ditto. ditto.

One ditto. — — ditto.

One ditto. — — ditto.

One ditto. ditto.

One vault under th-e chanibers at the corner of John Street and
, . Robert Streets

One ditto. — — ditto.

CARRON SHARES; viz.

Two (hares in the flock in trade of Carron Company^ with the
profits to 30 June 1773.

Two ditto. ditto.

Two ditto. ditto.

Two ditto. -^ ditto.

Two — —"ditto. ditto.

Two — — ditto. ditto.

Two ditto. ditto.

Two ditto. ditto.

Two " ditto. ditto.

Two ditto. ditto.

Numb.

PICTURES; viz.

1. A Study of heads, ■ Mob.

2. Jl\ a candle light, in the ftile of Sahator Rofa^ Sparnjb,

3. A 3itto. its conapanion, Ditto.

4. St. James fighting the Turhy Burgagnone.

5. The head of 6*^ P^/^r, — — Guido,

6. A landfcape with figures arid horfes, A/. Angelo Bamboccia.

7. £"1;^ offering to Mam the fruity Carlo Lotti,

8. The pope's guards gaming, ^ Guercino.

9. The prince oi'Montelibafia^ Nogan.

10. A landfcape with hunters?, OldlVyke.

IX. A landfcape, , — — -— — — - Tmpejia.

N 2 12. Oiyr

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i5o Anno declmo tertio Georgii III. c. 75. [1775.

Numb.

12. Our Saviour bound in the garden, Giardino Delia Notte,

13. Mary Magdalen in 2. \2iViAk^^Q^ Temers.

14. St, Peter, ' its companion, Ditto,

15. St, Francis with an angel, -— //. Carracct^

16. A landfcape, very capital, Tempejla.

17. A ditto, ditto, Ditto.

18. Z)^'i;/J dancing before the ark, Seb, Ricci,

19. PW preaching at ^//7^;75, Ditto.

2C. Diana and her nymphs and A^ieotiy Mic, Roche.

21. A landfcape, the figures by N. Poujfin^ G\ PouJJin.

22. A converiation, D, Teniers.

23. A landfcape, Sal. Rofa.

24. A dead Chrift with Jofeph oi Arimathea^ — P. Veronefe.

25. Sejieca dying in the bath, Luc.Jordano.

26. A landfcape with figures, —— Sal. Rofa.

27. St. Augujiine praying, Lanfrance.

28. The head of St, Francis^ — — Guido,

29. St. Catherine, — Ditto.

30. Game, ^ohn Fyte.

jr. An adoration of the Magi, N, PouJJin.

32. Murder of the innocents, Ditto.

33. A landfcape, ditto. hoth oi Italy.

34. The entombing of our Saviour, Lod. Carracci.

35. Time trampling on youth and beauty, — Dominichino.

36. A landfcape, • Voglefon.

37. A ditto, Ditto.

38. J^eptune and Amphitrite, — -^ Manicoche^

39. The triumph of Bacchus y • — - — Ditto.

40. Ruins and figures, ■ Ghifolpi.

41. 6"^/)/^^;///^^ drinking the poifon, — ^ Celejli.

42. Witchcraft with fpells and charms, Teniers,

43. Ditto, its companion, Ditto.

44. A landfcape with (hepherds and flocks, Fr. Mola,

45. A converfation, BaJJan.

46. An old man, ■ • P. Veronefe.

47. A dog, Ditto.

48. A landfcape with figures, ^ Lucaiella.

49. A ditto, -^ ditto, Ditto.

50. Cleopatra with an attendant and fervant, — P. Veronefe.

51. A landfcape with figures on marble, Van Gowan.

DRAWINGS.

1. l^UTSIDEof a fepulchral building, — Clerijeau.

2. ^^ Infide view of an antique temple, Ditto.

3. A landfcape, Marco Ricci,

4. Portrait of a lady, — — ^ — — Rofa Alba.

5. Ruins of a fepulchral room, < Ckrifjeau,

6. A landfcape, ■ Marco Ricci,

7. A head of a lady, . Rofa Alba,

J}. A bead in black chalk, . ^— ^^ Piazetta,

9- A

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I773'] AnnQ.decimotertioGEORGiiIILc.75' i i^^

Numb. ■

9. A landfcape with ruins and figures, Lalman.

10. Ditto, Ditto.

11. A fketch of 51W/, taken on the fpot, -— — Ditto.

12. Ruins and figures, Marco Ricci, ,

13. A landfcape with ruins, « -— - Torregiano.

14. K^X2i^\vi%oi Marcus Aurelius^ Pecheux.

15. The centaur Borghefe, — — Ditto.

16. A view in Rome^ — — Lalman.

17. Head of an abbe, *- Rofa Alha.

18. Ruins and figures, — - — Panini.

ig. A landfcape with ruins and figures, » Lalman.

20. A ditto, ^ ditto, Ditto.

21. A\\t'N oi\.hQ Campo VaccinOj ■■ ■ ' Ditto.

22. A view of 7/W/, -— — .Panini.

23. An aquedu6t near Tivoli^ Ditto.

24. Ruins, Ditto.

25. Ditto, Ditto.

26. Ruins of archite6lure, ■ Marco Ricci.

27. Ditto. ' ditto, Ditto.

28. A landfcape in the (lile of Sal. Rofa. Lalman.

STATUES, and PIECES of ANTIQUITY.

Nuinb.

1. \ Pedeftal with rams' heads, fphynxes, &c.

2. Jlx, a circular pedeftal with candelabra, &c.

3. A fquare pedeftal with heads of Jupiter Ammon^ &c.

4. Rcgulus leaving Rome.

5. A cenerary urn, with griffins, &c.

6. A vafe reprefenting the labours of Hercuks.

7. A ditto, in form of a cenerary urn, with candelabra, ^c.

8. A Ceres with' a crown of barley and a cup in her hand.

9. A rqufe with a lute^
JO. The mufe Erato.
ii, A large Flora.

12. A fideboard of granite.

J3. An urn with marine figures. ,

14. A circular altar or pedeftal.

15. Two mofaic tables.

16. A vafe with vines twifted round It.
iy. An Efculapiiis^ with a rod and ferpent,

18. Another ditto.

19. A faun, with a pipe.

20. A Flora with a crown of flowers.

21. A Morpheus^ afleep on a lion's fkin,

22. The niufe Euterpe with her mafk and flutes,

23. A Minerva in armour.

24. An Apollo with a bow and arrow.

25. A faun holding a child.

N 3 C A P.

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1 82 Anno decimo tertio Georgii III. c. 76I [1773*

C A P. LXXVI.

An oM to indemnify jujiices of the peace^ deputy lieutenants^
and officers of the militia^ or other s^ who have omitted to
regifier or deliver in their qualifications within the time
limited by law ^ and for giving further time for thofe
purpofes.

Preamble. "XTIT^IEREAS divers jujiices of the peace ^ deputy lieutenant Sy

y V and officers of militia^ or others^ who ought to have regijiefed

or delivered in their qualifications^ according to an aSf^ tiiade in the,

Aa i8Geo. 2, eighteenth year of the reign of his late mafejly King George the Se-
cond, intituled, An ad to amend and render more efFedual aa
adr, pailed in the fifth year of his prefent Majefty's reign, inti-
tuled, An a^f for the further qualification of jujiices of the peace \ or

Aa 2 Geo, 3. according to another a5l, made in the fecond year of the reign of his
prefent MajeJJy^ intituled^ An a(5l to explain, amend, and reduce
into one act of parliament, the feveral laws now in being, relat-
ing to the ralfing and training the militia within that part of
Great Britain called England-^ or according to another Q5t, made in

Aa 9 Geo. 3. the ninth year of his prefent Majefiy, intituled. An a6t for explain-
ing, amending, and continuing an a6l, made in the fecond year
ofthe reign of his prefent Majefty, intituled, An a5i to explain^
amend, and reduce into one a5l of parliament, the feveral laws 'now in
being, relating to the raifing and training the militia ivithin that part
^Great Britain called England, have, through ignorance of the law,
ab fence, or fome unavoidable accident, omitted to regifier, or deliver in
their qualifications as aforefaid, ivithin fuch time, and infuch manner
as in and by the faid aSts refpe5live]y, or by any other ait of parlia-
meni in that behalf made is required, whereby they have incurred, or
may he in danger of incurring divers penalties, and difabilities : for
quieting the minds of his Majeflfs fuhjeBs, and for preventing any
inconveni~encies that might otherwije happen by means of fuch omif-
fions ; be it enacted by the King's moft excellent Majefty, by
and with the advice and confent of the lords fpiritual and tem-
poral, and commons, in this prefent parliament afTembled, and
All juftices, by the authority of the fame, That all 2nd every juftice or

deputy lieu- juftices of the peace, deputy lieutenants, and officers of the

tenants, &c. militia, or others who, at the time of the paffing of this a61,

^^^Jf^A f '^!!^ ^a^l have omitted to rep;ifter or deliver in their qualifjcatiohs,
omitted to re- & ^ 5 , 1 r • » r>

giller their wuhui luch time, and m luch manner, as in ana by the laid act,

qualificarions, or any of them, or by any other a6i: of parliament in that behalf

and before jg required, and who hath or have, or who (hall, on or before

^^^^^'^''C^txlk^^^^^'^^'^''^'''^^'^^^^ *^^^^ thoufand feven hundred

inannerre- ^"^^ feventy-three, regifcer his or their qualification, in manner
quired, fball and form, as in and by the faid in part recited ads, or any of
be freed from them, are required, fhall be, and are hereby indemnified, freed,
pens ties for ^^j difcharged, from and againft all penalties, forfeitures, inca-
pacities, and difabilities, incurred, or to be incurred, for or by
reafon o^ any negled or omiirion, previous to the paffing of this
ad, for not regiftering his. or iheir qualification, according to the

above-
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X773'] Anno decimo tertio Georgii IIL c. 'j'j^ 78, l%%

above-mentioned acls, or any of them, or any other a6t er iadls ;
and fuch perfon and perfons is and are, and (hall be fully and
a6lually recapacitated, and reftored to the fame ftate and condir
tion, as he or they were in before fuch negledt or omiffion ;
and (hall be deemed and adjudged to have duly qualified him
or themfelves, according to the above-mentioned a6is, and every
of them ; and that all a6ls done, or to be done, by any fuch
perfon or perfons, or by authority derived from him or them,
are and fhall be of the fame force and validity, as the fame, or
any of them, would have been, if fuch perfon or perfons re^
fped^ively had regiftered his or their qualification, according to
the diredion of the faid a<5ls, and every or any of them ; any
thing in the faid in-part recited ads, or any of them, to the
contrary in any-wife notwithftanding.

IL Provided always. That this ad, or any thing herein con- Not to extend
tained, ftiall not extend, or be conftrued to extend, to indemnify ^^ indemnify
any perfon againft whom final judgement (hall have been given a^ainft^whom
in any adion of debt, bill, plaint, or information, in any of his final judge-
Majefty's courts of record, for any penalty incurred, by having ment fliall
negleded to qualify him.felf within the time limited by law. ^^^^ ^^^^

CAP. LXXVIL

An a6l for granting to his Majeity a certain fam of money out of the
finking fund 5 and for applying certain monies therein mentioned for
the fervice of the year one thoufand feven hundred and feventy-three ;
and for further appropriating the fupplies grnnted in this feflion of par-
liament ; and for paying to John Harrifon a further reward for his in-
vention of a time-keeper for afcertaining the longitude at fea, and his
difcovery of the principles upon which the fame was conftruded.
Preamble x, 34.9,806!. 12 s. 7 d 39. granted out of the fund, for the fer-
vice of the current year \ to be iffued by the treafury accordingly. Trea-
fury irapowered to raife the faid fum, or any part thereof, by loans or e;c-
cheqiier bills, on the credit of the finking fund.

CAP. LXXVIIL

An a5l to explain^ amende and reduce into one aSl of parlia-
ment^ the Jiattites now in beings for the amendment and
prefervation of the publick highways within that part of
Great Britain called England, and for other purpofes,

WHEREAS the laws now in being for the amend ment and ^-c^^iXv^AQ.
prefervation of the highzvays of that part ^y^ Great Britain
called England require feme explanation and amendment \ may it
therefore pleafe your Majefty that it may be enaded ; and be it
enaded by the King's mod excellent Majefty, by and with
the advice and confent of the lords fpiritual and temporal, and On S-pt. -zz,
commons, in this prefent parliament aflembled, and by tlie au- yearly, a iiit
thority of the fame, That from henceforth, upon the twenty- ^^^^ ?^ ,"^'^^"
fecond day oi September ^ in every year, unlefs that day fliall be per^fonst by^^
Sunday^ and then on the day following, the conftables, head- the confta-
boroughs, tythingmen, churchwardens, furveyor of the high- hies. &c, at,
ways, and houfeholders, being affeffed to any parochial or pub- ^^].^ iifuai place
lick rate of every parilh^ townfliip, or plac^/fhall affemble toge- ^eetingl^

N 4 ther

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i?4 Anno decimo tertio GeoRGII III. €,.78. [1773.^

ther at the church or chapel of fuch parifti, toxj^nfhip, or place,
or if there (hall be no church or chapel, then at the ufual place
of publick meetings for fuch parifh, -town(hip, or phce, at the
Qii-ilification hour of eleven in the forenoon : and the major part of them, fo
or luiveyors. aflembled, fliall make a lift of the names of at leaft ten perfons
living within fuch refpedive parifhes, townfliips, or places, who
each of them have an eftate in lands, tenements, or heredita-
ments, lying within fuch refpedtive pari{h, tqwn(hip, or place, in
their own right, or in the right of their wives, of the value of
ten pounds by the year ; or a perfonal eftate of the value of one
hundred pounds ; or are occupiers or tenants of houfes, lands,
tenements, or hereditaments, of the yearly value of thirty
pounds : and if there fhall not be ten perfons having fuch quali-
lications as aforefaid, then they fhall infert in fuch Hft the names
of fo many of fuch perfons as are fo qualified, as above required,
together with the names of fo many of the moft fufficient and
able inhabitants of fuch parifti, townfhip, or place, not fo quali-
fied, as ftiall make up the number ten, if fo many can be found ;
if not, fo many as fhall be there refident, to ferve the office of
A duplicate furveyor of the highways : and the conftable, headborough, ar
of I'ucb lifts tythingman, of fuch parifti, townftiip, or place, (liall, within
fliall be trani- tj^ygg ^j^yg gfter fuch meetino;, tranfmit a duplicate of fuch lift to
mitted to one ^ A • n- r \ • i • i i- • r i .

of thejuftices, ^"^ ^^ ^^^^ juftices of the peace withm the limit of the county,
and the origi- riding, divition, hundred, city, corporation, precincSl, or liberty, .
nal lilt to the where fuch parifti, townftiip, or place, Ihall lie, living in or near
fpeaalfefTions, ^.j^g f^j^g . gj^^ ^^\\ 3]j-q return and deliver the original lift,
ftabir&c!* niade and agreed upon at fuch meeting, to the juftices of the
peace, at their fpecial feffions to be held for the highways \yithin
that limit, in the week next after the Michaelmas general quarter
Notices to the feflions of the peace in every year ; and fliall alfo, within three
perfons con- days after making the faid lift, give perfonal notices to, or caufe
tamed in the j^otices in writing to be left at, the places of abode of the feveral
^ * perfons contained in fuch lift, informing them of their being fo

The iiiftices nan^^d, to the intent that they may feverally appear before the
are to give lo juftices at the faid fpecial feffions to accept fuch office, if they
days notice {hall be appointed thereto, or to ftiew caufe, if they have any,
of holding againft their being appointed : and the faid juftices are hereby
to^tTie con-^"^ authorifed and required to hold fuch fpecial feffions at fuch con-
itables, &c. venient place or places within their reipedive limits, as they in
and may ap- their difcretion Hiall judge proper ; and to give notice of the
point from ^jp^^ ^j-,^ place where they intend to hold the fame to the eon-
BumberoT ^^bles, headboroughs, or tythingmen, of every fuch parifti,
furveyors as townfhip, or place, at leaft ten days before the holding of the
they fhall _ faid fefTion ; and the faid juftices, then and there, from the faid
judge fit, if ]ifi:s^ according to their difcretion, and the largenefs of the
the^oDinion" parifti, townlliip, or place refpe^tively, by warrant under their
of the juliices hands and feals, fliall appoint one, two, or more of fuch per-
be quahfied fons, as aforefaid, if he or they fhall, in the opinion of fuch
for the office ;j^(^,(^g5^ be qualified for the office of furveyor, if not, one, two,

• u^u'w^^^^'^ or more of the other fubftantial inhabitants or occupiers of
jnhibi'^anc^ or , , i • t , i- ■ , • r i.

oc.-upiers, arcJ^ndSj tenements, woods, tithes, or hereditaments, within lucn

parifhj

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1 773-] Anno decimo tertio Georgii III. c, yS. 185

parKh, townfhip, or place, living within three miles thereof, and
within the fame county, fit and proper to ferve the office of
fiirveyor of the highways for fuch parifti, townfhip, or place,
if any fuch can be found ; which appointment fhall, by the con- which ap-
flaWes, headboroughs, or tythingmen, aforefaid, be notified to poinhne.it ^
every perfon fo appointed by the faid jufiices, within three days {|e^j^f^thr^er.
after fuch appointment, by ferving him with the faid warrant, ^^^^g f,amed, *
or by leaving the fame, or a true copy thereof, at his houfe, or by the con-
ufual place of abode ; and every perfon [o appointed, if he ac-^ ftables, &c,
eepts the faid office, (hall be furveyor of the highways for the veVr^fti^l^*
faid parifh, township, or place, for the year enfuing, and j^^j^ j^ig ^^^^^
fhall take upon him and duly execute the office aforefaid ; and for one year,
the faid juftices (hall then and there give fuch of the faid fur- Jufticestogive
veyors as fliall perfonally appear before'them a charge, for the a charge tor
, -^ r r 1 • 1 1- 1 J- n' r the perform-

better performance or their duty, according to the directions pf anceof fur-

this a<51: : and if any of the faid perfons, fo appointed, whofe veyor's duty,
names were contained in fuch lift, and who were ferved with Perfons ap-
the faid notice, (hall refufe or negle6l to appear at the faid fpecial P^°^"[^^^^ ^'"^'^
feffions, and accept the faid office, if appointed thereto, in man- f^jjj^^ ^^ (ervQ
ner aforefaid, or fliall not, within fix days after being ferved {hali forfeit 5].
with fuch warrant of appointment, fignify his acceptance
thereof, either in perfon, or by writing, to one of the faid
juftices, he (hall forfeit the fum of five pounds ; and in cafe any and thofe not
perfon fo appointed by the faid juftices, whofe name was not ^*^ ^^^ lj^^> o»^
contained in fuch lift, ftiall refufe or neglecl: to accept the faid ^^[^j-^^^ ^^^^^^
office, or (hall not, within fix days after being ferved with fuch
appointment, fhew to one of the juftices figning fuch appoint-
ment, fufficient caufe why he ftiould not ferve fuch office, he
fhall forfeit the fum of fifty ftiillings : provided that no perfon No perfoir
who hath been appointed and ferved the office of furveyor for who hath
one year, (hall be liable -to be appointed furveyor for the fame ^g^^^^^^"^.
pari(h, townfhip, or place, within three years from the time of ag^^^^j^ppQ-j^^^
fuch firft appointment and fervice, unlefs he ftiall confent there- edforthefame
to ; but if no fuch lift fliall be made and returned, or if the faid place within
juilices Ihall make fuch appointment, as aforefaid, and the per- 3 .y^ars a<-ter,
fon or perfons fo appointed fliall refufe to ferve the faid office, confent.
the faid juftices, or any two of them, (hall and may, and are Ifno fuch lift
hereby required, at the faid fpecial feffions, or at fome fubfe-.be made, or
quent fpecial feffions, to be held within one month after, to the perfon
nominate and appoint fome other perfon or perfons to be fur- f^P^^" ^ /^"
veyor of fuch parifti, townlhip, or place, whom they (hall judge another per-'
proper to execute that office, and (liall and may fix fuch falary fonmaybeap-
to be paid to fuch furveyor, to be appointed as herein laft before poiffted, at a
mentioned, out of the faid forfeitures, and all other forfeitures, ^ ^^^"^*1^
fines, penalties, afTeffinents, and compofitions, to be paid, levied, ffons^
and raifed, under the authority of this adV, within fuch parifh, and a fal^ary
townfhip, or place refpedively, as fuch juftices (hall think fit, fixed,
not exceeding one-eighth part of what fhall have been raifed by not exceeding
an aifeiTment of fixpence in the pound, for the ufe of the high- i-8th part
ways, within fuch pariih, townftiip, or place, where any fuch ^^ ^^^' ^^"^^^
giTeffment fhall have been raifed, and obferving the fame reftric-

tion

Hosted by Google

I S^ Anno decimo tertio GeorGII III. C, 78. [ly;^,

tion as near as they can, from the beft information they (hall be

able to get of the probable amount of fuch an affeffment, where

Juftkesmay none hath been already made; and the faid juftice (hall and

coXblls'' ""^-^ '^ ^^^y ^''*^"^ ^^' '^^^^^^ ^^^^ conftables, headboroughs,

Szc. to return ^Y^^^^S^^^j and furveyor, of every fuch parifh, townOiip, and

an account, in place, or any of them, to return to them, at fuch time and place

writing, of as they fhall appoint, an account, in writing;, of the fum which

Ihel'ir'/^''"!'^'^^''^ afTeffment of fixpence in the pound hatli raifed, or will, in

of 6 6. per ^^1^ ^^ their^ opinion, raife, within fuch parilh, townlhip, or

pound will P^^^^ ' and if the conftables, headboroughs, ty thingmen, church-

raife. Wardens, furveyors of the highway, and fuch houfeholders as

40 s. penalty aforefaid, of any parith, townlhip, or place, (hall negledt or re-

on the conlta- fufe to make fuch lift as aforefaid; or if the conftable, head-

makine'or^ borough, or tythingman, of any parifh, townfhip, or place, (hall

returning ^^^ ^^^"^^^ ^^^^ ^^i^. ^i^ of names when made, and fuch duplicate

fuch lifts^or thereof, as aforefaid, and give fuch notice or notices, and ferve

not giving fuch warrant or warrants, as in this adl is direded ; or if the

requ^ireT^ ^^^^ conftable, headborough, tythingman, and furveyor, or any

^ • of them, fliall negled to return fuch account of the amount of

fuch afledment, as aforefaid, when fo required as aforefaid ;

every conibble, headborough, tythingman, churchwarden, or

furveyor, fo negleding or refufmg, in any of the faid cafes, (hall,

for every fuch default refpedively, forfeit the fum of forty (hil-

Where the ju- ^n'^gs.

ftices, upon II, And be it further enaded. That in all cafes where the faid

fuch refufal, judices, upon negled or refufal of the perfon fo nominated fur-
anothe^r^pe"- ^^Y^^ ^^ aforefaid to accept the faid office, (hall appoint any
fon they are p^her perfon for fuch furveyor with a falary as aforefaid, the faid
to appoint jufiices (hall, and are hereby required to appoint one fubftantial
oneiubftantial inhabitant of fuch parifh, town(hip, or place, for alTiftant to
h'is aflljt "nt r ^"^^^ furveyor in the feveral matters, and for the feveral purpofes
and on his ' hereafter mentioned, until the next annual appointment of fur^
refufal to ac- veyors, according to the dire61ions of this acl ; and if the perfoa
^-^^^h^^n^n ^^ appointed a(rifi:ant fliall, upon notice of fuch appointment,
j;7feit 'o s ^^^^^'^ ^^ accept that office, he (hall forfeit the fum of fifty (hil-
and the ju- hngs : and in that cafe, it fhall and may be lawful for fuch
itices may in juftices to appoint any other fubftantial inhabitant of fuch parifh,
that cafe ap- towndiip, or place, for afliffant to fuch furvevor, in manner and
rho?orrdii'/ ^^^ ^^^^ time aforefaid; and if fuch fecond 'appointed afTiffant
fal fliail alfo ^^^^^ decline or refufe to accept the faid office, he fiiall, in like
forteit 50s, manner, forfeit the fum ot fifty fhillings ; and the faid jui^ices
and in that fl-jall and may appoint any other perfon, inhabiting in fuck
cale, they parifh, tovvnfliip, or place, affifbant to fuch furveyor, who fhall
thiJd^prrfon ^ ^^ intitled to the fiid forfeitures herein lad before mentioned ;
who rnall be and alfo to fome further allowance by way of falary, (to be paid
intitled to the as the furveyor's falary is hereby direded to be paid,) if the laid
faid forfe^- juftices ihalT think any fuch falary neceffary, and (hall order the
a further al- ^ame, which they are hereby authorifed to do : provided that no
lowance, by perfon fo appointed affiftant for one year fhall be liable to be
way of falary, appointed affiftant for the fame parilh, townfhip, or place, with-
it tJie juftjces j^ three years next following- fuch firft appointment, without

fltal) think it , • r «.

mcelTary. hiS confent.

^ III. And

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I773-] Anno decimo terdo Georgii III. c, yB. 187

III. And be it further enaded. That the furveyor of every Bond to be
parifb, townfhip, and place, who fhall not refide therein, but given by the
(hall be appointed with fuch falary as aforefald, fhall, if required ^"';v^yor ap-
by the churchwarden, overfeer of the poor, or any principal ^ /aia^ ^
inhabitant of the parish, townfhip, or place, for which he (hall

be [0 appointed furveyor, at the time of his appointment, or

within fourteen days after, give a bond upon paper, without

ftamp thereupon, to fome proper perfon within fuch parifh,

townlhip, or place, to be nominated by the faid juftices, with to account for

fufficient furety, to account for the money which ihall come to ^*?^ ^T^^

his hands as furveyor, according to the directions of this a6l 5 ^me"to^his

which bond (hall be good and effedual in law. hands.

IV. And be it further enaded, That the afiiftant, fo to be p^ty of the
nominated and appointed, ihall, and is hereby required to the afliltant Tur-
beft of his fkill and judgement, to affift the faid furveyor, when- veyor.
ever requefted by him, in calling in and attending the perform-
ance of the ftatiite-duty y in colle6fing the compolitions, fines, ,
penalties, and forfeitures -, in making and colle6ling the aiTefT-

ments ; in making out and ferving the notices authorifed by

this ad ; and in fuch other matters and things as fliall be rea-

fonably required of him by the furveyor, in the execution of his

office as furveyor, purfuant to this a6t : and the faid aluflant

fhall juftly and truly account with, and pay to, the faid furveyor,

or to his order, from time to time, according to the diredlions

of this a6t^ all the money which (hall come to his hands as

afTiftant, by the means as aforefaid ; and, in default thereof, he Forfeitures

Ihall forfeit double the value of the money by him fo received, for negle6lof

and not fo paid and accounted for ; and if the faid alTiftant (hall ^^^ ^^^y*

wilfully negled or make default in the performance of any of

the duty required from him by this a61:, he {ball forfeit, for

every fuch offence, any fum not exceeding live pounds, nor lefs

than forty fliillings, at the difcretion of the juflice or juftices of

the limit witliin which fuch affiftant (hall be appointed : and the Surveyors to

faid furveyor {hall, and is hereby required to fend orders, in fend orders

writing, upon the faid aliiftant, for the payment of all fums due "P°" ^^^ ^^'

to any perfon or perfons, for work or materials, by virtue of this ment of^^^^^

a6t, which amount to forty (hilHngs or upwards'; and the faid (ums amount-

furveyor ihall not be refponiible for any fum or fums of money ing to 40s. or

which (hall be received by the faid affiftant, and fhall not be upwards,

adually paid to fuch furveyor, or to his order, as aforefaid.

V. Provided always, and be it further enabled. That if two If two parts
parts out of three of thofe fo to be alTembled in any fuch parilh, out of three
townlhip, or place, for the nomination of furveyors, as afore- of^hofeafTemj
faid, fliall agree in the choice of any particular perfon of fkill ^^^^n!"^"^
and experience, to ferve the faid office of furveyor for fuch pariQi, ^^^H aWee in
townfliip, or place, and in the fettling of a certain falary for his the choice of
trouble therein, and fhall return the name of fuch perfon, toge- ^ perfon of
ther with the lifl: herein-before direded, to the juflices of the ^^^ %^^^^f
peace at their faid feffions, to be held in the week next after the furveyo^r^ and
M'uhaelmas quarter feffions ; that then, and in every fuch cafe, in fettling his
it ihall and may be lawful for the faid jullices, if they fhall think falary.

proper.

Hosted by CjOOQIC

i83 Anno decimo tertio Georgii III. c.78. [1773.

Jaftices may proper, to appoint fuch perfon to be furvcyor for fuch pari(h,
appoint fuch townQiip, or place, and allow him the falary mentioned in fuch
anow"him the ^g^^^"^^"^ which (hall be raifed and paid in the fame manner
faid^falary j ^ ^^ the falary herein-before mentioned is dire6led to be raifed and
and if any P^^^ > ^^^ in cafe any furveyor to be appointed under the autho-
furveyor (hall rity of this a6l (hall die, or become incapable of executing that
die,or become office, before fuch next fpecial felTions for appointing furveyors,
ex^e^uting^the ^^^ ^^^^ juftices, or any two of them, (hall and may, at fome
office, the fpecial fetfions, nominate and appoint fuch perfon or perfons as
juftices may they fhall think proper, to execute the faid office, until fuch
appoint ano- next fpecial feffions for appointing furveyors as aforefaid ; and
amfalhDwhim ^^ ^^^^ deceafed furveyor had a falary, they may allow the fame
the falary. falary to his fucceflbr, In proportion to the time he fhall ferve
If more lur- the faid office ; and if the laid juftices of the peace, at their faid
veyors than fpecial feffions, or at any time afterwards, purfuant to the powers
^"^ ^^^ted*^^ ^^ ^^^^^ ^^' appoint more than one perfon for furveyor of

they are a*ll ^^Y parifh, townfhip, or place, all and every perfon or perfons
comprehend- fo appoiftted, fhall be comprehended under the word Surveyor
ed under the in every part of this zd:,

word Sur- vL And be if further enaaed. That no tree, buffi, or (hrub,

N^^^^ee bufli ^^^^ ^^ permitted to fland, or grow, in any highways, within
or (lirub, al- ' ^^^ diftance of fifteen feet from the centre thereof, (except for
lowed to grow ornament or Ihelter to the houfe, building, or court-yard of the
orftand with- owner thereof,) or hereafter to be planted within the diftance
'h '^ i^tVe^f ^fo^^^^'^ 5 ^^^ ^^^^ ^^^^ ^^^^ refpedively be cut down, grubbed
the highway; ^Pi ^"^ carried away, by the owner or occupier of the land or
on forfeiture foil where the fame doth or fhall ftand or grow, within ten days
of los. by the after notice to him, her, or them, or his, her, or their fteward
owners. ^j. agent, given by the faid furveyors, or any of them, on paia

of forfeiting, for every negledt the (urn of ten ftiillings.
Hedges and VIL And be it further ena6led. That the poflefTors of the

trees'adjoin- land next adjoining to every highway (hall cut, prune, and plafti
iiig to high- their hedges, and alfo cut down or prune and lop the trees
^h^m^andin g^'^^^^g ^" ^^ "^^^ ^^^^ hedges or Other fences, (except thofe
wharmanner^, ^rees planted for ornament or ftielter, as aforefaid,) in fuch man-
to be cut and* ner that the highways fhall not be prejudiced by the (hade
pruned, thereof refpe6lively, and that the fun and wind may not be

excluded from fuch highway to the damage thereof; and that if
fuch poffeffior fhall not, within ten days after notice given by the
furveyor for that purpofe, cut, prune, and plaffi, fuch hedges,
and cut down or prune and lop fuch trees, in manner aforefaid,
it ftiall and may be lawful for the furveyor, and he is hereby
required, to make complaint thereof to fome juftice of the
peace of the limit where fuch highway (hall be, who ffiall fum-
mon the pofleflbr of the faid lands to appear before the juftices
at fome fpecial feffions for that limit, to anfwer to the faid com-
plaint; and if it (hall appear to the juftices, at fuch fpecial
feffions, that fuch pofTeflbr had not complied with the requifites
of this a6l, it (hall and may be lawful for the faid juftices, upon
hearing the furveyor and the po(reflbr of fuch land, or his agent,
(or in default of his appearance, upon having due proof of the

fer-

Hosted by Google

1773-] Anno decimo tertlo Georgii III. c. 78. 1H9

fervice of fuch fummons,) and confidering the circumftances of
the cafe, to order fuch hedges to be cut, plafhed, and pruned,
and fuch trees to be cut down, or pruned in fuch manner, as
may beft anfwer the purpofes aforefaid ; and if the pofTefTor of
fuch lands (hall not obey fuch order, within ten days after it
(hall have been made, and he fhall have had due notice thereof, he
(hall forfeit the fum of two fhillings for every twenty-four feet
in length of fuch hedge which (hall be fo negleded to be cut
and plafhed, and the fum of two (hillings for every tree which
fliall be fo negleded to be cut down or pruned, and Jopped ;
and the furveyor, in cafe of fuch default made by the poflc(ror,
fliall, and is hereby required to cut, prune, and plafh fuch
hedges, and to cut down or prune and lop fuch trees, in the
manner diredled by fuch order; and fuch pofTefTor fhall be
charged with, and pay, over and above the faid penalties, the
charges and expences of doing the fame ; or, in default thereof,
fuch charges and expences fhall be levied, together with the faid
forfeitures, upon his or her goods and chattels, by warrant from
a juflice of peace, in fuch manner as is authorifed for forfei-
tures incurred by virtue of this adl,

VIII. And be it further ena6ted. That ditches, drains, or Occupiers of
watercourfes, of a fufHcient depth and breadth, for the keeping lands fliajl
all highways dry, and conveying the water from the fame, (halLmake fuffici-
be made, fcoured, cleanfed, and kept open, and fufHcient trunks, en t ditches,
tunnels, plats, or bridges, fliall be made and laid where any waTercomTes
cartways, horfeways, or footways, lead out of the faid highways and lay fufR-*
into the lands or grounds adjoining thereto, by the occupier or cient trunks,
occupiers of fuch lands or grounds j and every perfon or perfons P^^^s, or
who fhall occupy any lands or grounds adjoining to, or lying ^Je^^c
near fuch highway through which the water hath ufed to pafs ways, &c. '
from the faid highway, fhall, and is hereby required, from time lead out of
to time, as often as occafion Ihall be, to open, cleanfe, and fcour, highways into
the ditches, watercourfes, or drains, for fuch water to pafs with- ^^^^^ ^^^ds j
out obftru6tion ; and that every perfon making default in any of They fliall for-
the matters or things aforefaid, after ten days notice to him, feit, for every
her, or them, given of the fame, by the faid furveyor, fliall, for ^^^"^^ ^°^*
every fuch offence, forfeit the fum of ten fhillings.

IX. And be it further enaded, That if any perfon or per- perfons lay in g
fons, Ihall lay, in any highway, any flone, timber, flraw, dung, ftone, tim-
or other matter, or in making, fcouring, or cleanfing the ditches be^ftraw, &c,
or watercourfes, fhall permit the foil or earth, dug out of luch ^^ ^"y ^^g.^-
ditches, drains, or watercourfes, to remain in fuch highway, out^of ditches
in fuch manner as to obflru6l or prejudice the fame, "for the &c. {hail, for'
fpace of five days after notice thereof given by the furveyor of ^'''^•y offence,
the highways ; every perfon or perfons ofrendlng in any of the ^^^^^^^ '°s.
faid cafes, fhall, for every fuch offence, forfeit and pay the fum

of ten fhillings,

X. And be it further enaded, That if any fione or timber. Stone, timber
or any hay, flraw, fiubble, or other matter, for the making of hay, ftraw, '
manure, or on any other pretence whatfoever, not tolerated by &c. laid within
this afl, (lull be laid in any highway, within the t^iftance of ^I^^^^J^.^^^^

fifteen

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190 Anno decimo tertio Georgii III. c.78. t^773»

highway, and fifteen feet from the centre thereof, and (hall not, within five
iiot removed days after notice given by the furveyor, or fome perfon aggrieved
in 5 days after thereby, be removed, it fhall and may be lawful for the owner
the ownerof ^^ pofieiTor of the lands adjacent, or any other perfon or perfons
the adjacent whomfoever, by order from fome juftice of peace, to clear the
lands may faid highways, by removing the faid ilone, timber, hay, ftraw,
j^?^^y^ ^}^d dung, or other matter, and to have, take, and difpofe of the
fame^otis^'' fame, to his and their own ufe.

own ufe. XI- ^^^'«^5 for preventing obftru^ions in the faid highways^ be it

Obftruaion in ^nadled, That if any perfon (hall wilfully fet, place, or leave,
the highways any waggon, cart, or other carriage, or any plough or inftru-
by carriages ment of hufbandry, in any of the faid highways, (except only
or implements ^, J f|-^ j-^fp^^c^ ^^ f^^}^ waggon, cart, or carriage, during fuch
o u an ry, j-e^fQj^abjg x\V[\Q as the fame fliall be loading or unloading, and
{landing as near the fide of fuch highway as conveniently may
makes the of- be), lb as to interrupt or hinder the free pa(rage of any other
fender forfeit carriage, or of his Majefty's fubjeds ; every perfon fo offending
^°^* fliall forfeit the fum of ten fliiliings for every fuch offence.

Surveyorsdu- XII. And be it further enaded. That the furveyors of the
ty, on taking highways, to be appointed by virtue of this a61, Ihall, at all fuch
a view ot the lip^^s and feafons as they (hall judge proper, view all the com-
the highways, ^^^ highways, trunks, tunnels, plats, hedges, ditches, banks,
&c. within the bridges, caufeways, and pavements, within thepari(h, townfhip,
diftria-, in or place, for which they (hall be appointed furveyors ; and in cafe
refpeaofnui- ^^^y ^^jj gbferve any nuifances, incroachments, obftrudtions,
Itruaions "&c. <^^ annoyances, made, committed, or permitted, in, upon, or
* ' to the prejudice of them, or any of them, contrary to the di-
redions of this ad, they fhall, from time to time, as foon as
conveniently may be, give, or caufe to be given, to any perfon
or perfons, doing, committing, or permitting the fame, per-
fonal notice, or notice in writing, to be }eft at his, her, or their
ufual place or places of abode, fpecifying the particulars where-
If the offender in fuch nuifances, defaults, obftru6tions, or annoyances, con-
does not re- f^^^ . g^d if fuch nuifances, obftrudions, or annoyances, (hall
move fuch ^^^ ^^ removed, and the ditches, drains, gutters, and water-
Xr n^otice,^' courfes aforefaid effeaually made, fcoured, cleanfed, and open-
ed, and fuch trunks, tunnels, plats, and bridges, made and
laid, and fuch hedges .properly cut and pruned, within twenty
days after fuch notice of the fame refpedively given as aforefaid,
then the faid furveyors fliall be, and they are hereby fully au-
thefurveyor tj-jo^jfed and impowered, forthwith to remove fuch nuifances,
ihaJldoir, obtlruaions, or annoyances, and open, cleanfe, and fcour fuch
ditches, gutters, and water- courfes, and make or amend fuch
trunks, tunnels, plats, or bridges, and cut and prune fuch
hedges, for the benefit and improvement of the faid highways,
to the befi of their fkill and judgement, and according to the
true intent and meaning of this adf ; and the perfon or perfons
fo negleding to make, or open and cleanfe fuch ditches, gut^
tcrs, or watercourfes, or to cut or prune fuch hedges, during
the time aforefaid, after fuch notice given, fhall forfeit, for ever-
rytfoot ia length which ihaU be fo neglecled, the fum of one
^ penny ;

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If '72.] Anno decimo tertlo Georgii III. c.78. 191

jienny 5 and the faid furveyors (hall be reiniburfed what charges ^rul tbe oifcn-
and expences they fhali be at in removing fuch nuifances, 00- ^^[ ^^j'^'".^,^^
ftruaions, or annoyances, and making or opening, cleanfuig [^^^^'^^J*^''^
and fcoqring, fuch ditches, gutters, and watercourfes, and in
making or amending fuch trunks, tunnels, plats, or bridges,
and in cutting and pruning fuch hedges refpedively, by the
perfon or perfons who ought to have done the fame, over and
above the faid forfeiture ; and in cafe fuch perfon or perfons
fhall, upon demand, refufe or negled to pay the faid furveyor
his charges and expences occafioned thereby refpecSlively, and
alfo the faid forfeiture of one penny per foot, then the faid fur-
veyor (hall apply to any juftice of the peace ; and, upon making
oath before him of notice being given to the defaulter in manner
aforefaid, and of the faid work being done by fuch furveyor, and
of the expences attending the fame, the faid furveyor lliall be
repaid by fuch perfon or perfons all fuch his faid charges as
fhall be allowed to be reafonable by the faid juftice; or, in de-
fault of payment thereof on demand, the fame Ihall be levied ia
fuch manner as the penalties and forfeitures hereby inflided are
direded to be levied.

XIII. Provided neverthelefs, That no perfon or perfons (hall Times of cut-
be compelled, nor any furveyor permitted, by virtue of this a6l, ting hedges,
to cut or prune any hedge at any other time than between the

lafl; day of September and the laft day of March ; and that no-
thing herein contained (hall extend, or be conftrued to oblige
any perfon or perfons to fell any timber trees growing in hedges ^ j r r it-
at any time whatfoever, except W'here the highways (hall be or- trees, kc. ^ ^
dered to be enlarged, as herein-after mentioned, or to cut down growing in
or grub up any oak trees growing within fuch highway, or in ^^^^ highways.
fuch hedges, except in the months of Jpril^ May^ or Juney or
any a(h, elm, or other trees, in any other months thaa in the
months of December^ January^ February^ or March^

XIV, And be it further enaded. That where the ditches, gut- Where the old
ters, or watercourfes, which have been ufually made, or which ^'^^^^^s, gut-
are herein- before direded to be made, cleanfed, and kept open, com-fes Zrl^^'
Ihall not be fufiicient to carry 0(1 the water which fhall lie upon infufficient
and annoy the highways; that then, and in every fuch cafe, it

fhall and may be lawful for the faid furveyors, by the order of
any one or more of the faid juftices, to make new ditches ana new ones may
drains in and through the faid lands and grounds adjoining, or be made,
lying near to, fuch highways, or in and through any other lands
pr grounds, if it (hall be nece(rary, for the more eafy and effec-
tually carrying off fuch water from the faid highways, and alfa ''«
to keep fuch ditches, gutters, or watercourfes, fcoured, cleanf-
ed, and opened ; and the faid furveyors, and their workmen,
are hereby authorifed to go upon the faid lands for the purpofes
aforefaid : provided, that the faid furveyors make proper trunks,
tunnels, plats, bridges, or arches, over fuch ditches, gutters,
or watercourfes, where the fame (hall be neceifary, for the con-
venient ufe and enjoyment of the lands or grounds through
>(vhich the fame (liall be made, and, from time to time, keep

the

Hosted by Google

Cartways to
market towns
are to be m^de
ao teet wide,

and horfe-
ways or drift-
ways eight
feet wide.

Jullices may
order narrow
roads to be
widened.

or diverted
and turned.

132 Anno decimo tertio Georgii III. c.78- [1773.-

the fame in repair; and do alfo make fatisfacSion to the owneif
or occupiers of fuch lands which are not wafte or common, for
the damages which he, fhe, or they, fliall fuftain thereby ; to
be fettled and paid in fuch manner as the damages for getting
materials in feveral or inclofed lands or grounds are hereafter
diredted to be fettled and paid.

XV. And be it further enadled, That the faid furveyors of
the highways fhall, and they are hereby required to make, fup-
port, and maintain, or caufe to be made, fupportcd, and main^
tained, every publick cartway leading to any market town, twen^
ty feet wide at the leaft ; and every publick horfeway or drift-
way, eight feet wide at the leaft, if the ground between the
fences inclofing the fame will admit thereof.

XVI. Provided always, and be it further enacSled, That where
it (hall appear, upon the view of any two or more of the faid
juftices of the peace, that the ground or foil of any highway be-
tween the fences thereof is not of fufficient breadth, and may be
conveniently widened and enlarged, or that the fame cannot
be conveniently enlarged, and made commodious for travellers,
without diverting and turning the fame; fuch juftices (hall, and
they are hereby impowered, within their relpecftive jurifdi6lions,
to order fuch highways refpe6tively to be widened and enlarged,
or diverted and turned, in fuch manner as they fhall think fit,
jb that the faid highways, when enlarged and diverted, (hall not
exceed thirty feet in breadth ; and that neither of the faid powers
do extend to pull down any houfe or building, or to take away
the ground of any garden, park, paddock, court, or yard ; and
for the fatisfadion of the perfon or perfons, bodies politick or.
corporate, who are feifed or po(refred of, or interefted in their
own right, or in truft for any other perfon or perfons, in the
faid ground that (liall be laid into the faid highways refped^ive*
ly, fo to be enlarged, or through which fuch highway, fo to
be diverted and turned, (hall go, the faid furveyor, under the
direction, and with the approbation of the faid juftices, (hall,
and is hereby impowered to make an agreement with him, her,
or them, for the recompence to be made for fuch ground, and
for the making fuch new ditches and fences as (hall be nece(ra-
ry, according and in proportion to their feveral and refpe61ive
interefts therein, and alfo with any other perfon or perfons, bo-
dies politick or corporate, that may be injured by the en-
larging, altering, or diverting fuch highways refpedively, for
the fatisfadion to be made to him, her, or them refpedively, as
aforefaid : and if the faid furveyor, under the diredion, and
with the approbation, of the faid juftices, cannot agree with the
faid perfon or perfons, bodies politick or corporate, or if he, Q^e,
or they, cannot be found, or (hall refufe to treat, or take fuch
recompence or fatisfadion as (hall be offered to them refpedive-
ly by fuch furveyor ; then the juftices of the peace, at any ge-

the fame may neral quarter felTions to be holden for the limit wherein fuch
beaffefTed by gr6und fhall lie, upon certificate in writing, figned by the ju-
» J^y* ftices making fuch view as aforefaid, of their proceedings in the

pre-

Snrveyors to
agree with
o^^-neis of
lands for re-
compence ;

and if they
cannot agree

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1773'] Anno declmo tertro Georgii HI. c.78; 253

premifes, and upon proof of fourteen days notice in writing
having been given by the furveyor of fuch parifn, townfl^ip^ or
place," to the owner, occupier, or other perfon or perfons, bo-
dies politick or corporate, interelled in fuch ground, or to his,
her, or their guardian, truftee, clerk, or agenr, fignifying an
intention to apply to fuch quarter fefllons for the purpofe of tak- ^^ ^1^^ quarter
ing fuch ground, ihall impanel a jury of twelve difinterefted ^^^^^^^s.
men out of the perfons returned to ferve as jurymen at fuch
quarter feffions} and the faid jury (hall, upon their oaths, to
the bed of their judgement, ailefs the damages to be given, and
recompence to be made, to the owners and others interelied as
aforefaid in the faid ground, for their refpedive intereils, as
they Ihall think reafonable, not exceeding forty years purchafe
for the clear yearly value of the ground fo laid out, and likewife
fuch recompence as they (hall think reafonable, for the making
of new ditches and fences on the fide or ildes of the faid high-
ways that (hall be fo enlarged or diverted, and alfo fatisfadion
to any perfon or perfons, bodies politick or corporate, that may
be otherwife injured by the enlarging or diverting the faid high-
ways refpecSlively : and, upon payment or tender of the money on payment
fo to be awarded and afTeiTed to the perfon or perfons, bodies of money af
politick or corporate, intitied to receive the fame, or leaving it C^'i^ed, ground
in the hands of the clerk of the peace of fuch limit, in cafe fuch ^^ ^^. ^.^f^"^^.^
perfon or perfons, bodies politick or corporate, cannot be found, highway,
or ihall refufe to accept the fame, for the ufe of the owner of,
or others interefted in, the faid ground, the interefi: of the faid
perfon or perfons, bodies politick or corparate, in the faid
ground, (hall be for ever dlvelled out of them, and ;he faid
ground, after fuch agreement or verdi6t as aforefaid, fhall be
e(^eemed and taken to be a publick highway, to all intents and
purpofes whatfoever; faving neverthelefs to the owner or own-
ers of fuch ground all mines, minerals^ and fofTils, lying under
the fame, vvhich can or may be got without breaking the fur-
f^ce of the faid highway ; and alfo all timber and wood growing
upon fuch ground, to be fallen and taken by fuch owner or
owners within one month after fuch order fhall have been made^
or in default thereof, to be fallen by the faid furveyor or furvey-
ors, within the rerpe6live month aforefaid, and laid ui:!on the
land adjoining, for the benefit of the faid owner or owners : and
where there (hall not appear fufiicient money in the hands of vvh^re there
the furveyor or furyeyors, for the purpofes aforefaid, then the is not mone^
faid two juftices, in cafe of agreement, or the faid court of (^i^cient, ou-
quartcr feifions, after fuch verdicl as aforefaid, fnall order an ^<^ff'iients may
equal afTeilment to be made, levied, and colleded, upon all and o?d*e^- of the
every the occupiers of lands, tenements, woods, tithes, and j![au:es^at '"^
hereditaments^ in the refpeclive parifhes, town(hips, or places, their quarter
where fuch highways (hall lie, and diredt the money to be paid f^lfi^^^s,
to the perfon or perfons, bodies politick or corporate, fo inter-
efted^ in fuch manner as the faid juftices, or court of quarter
fe(fions refpe6]:ively, (hall dire6l and appoint : and the money
thereby raifed fhall be employed and accounted for, according-
Vol. XXX. O to

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^9+ Anno decimd tertio GeoRgii III. c.78. [1773.

to the order and direaion of the faid juflices, or court of quar-
ter felTions refpeaively, for and towards the purchafing the land
to enlarge or divert the faid highways, and for ihe making the
faid ditches and fences, and alfo fatisfadibn for the damages
fuftained thereby ; and the faid afleffment, if not paid within
ten days after demand, fhall, by order of the faid juftices, or
court of quarter fefTions refpedively, be levied by the faid fur-
veyor, in the manner herein-after mentioned : provided, that
not exceeding no fuch aflefTment to be made in any one year fhall exceed the
6d. in the rate of fixpence in the pound of the yearly value of the lands,
pound, tenements, woods, tithes, and hereditaments, fo affeffed.

Old highway XVII. And be it ftirthcr enaded. That when any fuch new
and foil may highways ihall be made as aforefaid, the old hip;hway fhall be
furvevor ^ ^^^^^PM up, and the land and foil thereof fhall be fold by the
/>»-z>^«r^/^4*^^^^ iurveyor, with the approbation of the faid juftices, to feme
/^/vr (^ ^ /7 perfon or perfons whofe lands adjoin thereto, if he, ftie, or they,
ihall be willing to purchafe the fame, if not, to fome other per-
fon or perfons, for the full value thereof: but if fuch old road
fliall lead to any lands, houfe, or place, which cannot in the
opinion of fuch juftices refpedively be accommodated with a
fubjea to an- convenient way and paiTage from fuch new highway, which they
o/wa^^^^d ^^^ i'^e^eby authorifed to order and lay out, if they find it ne-
paSf "^ ceffary ; then, and in fuch cafe, the faid old highway fliall only
be fold fubjea to the right of way and pafTage to fuch lands^
houfe, or place refpeaively, according to the ancient ufage in
that refpea ; and the money arifing from fuch fale, in either of
the faid cafes, fliall be applied towards the purchafe of the land
where fuch new highway ftiall be made: and upon payment or
tender of the money fo to be agreed for as aforefaid, and upon
a certificate being figned by the faid two juftices, or by the chair-
man of the faid court of quarter-feffions, in cafe the fame fhall
be determined there, defcribing the lands fo fold, and exprefT-
ing the fum fo agreed for, and direaing to whom the fame fhall
be paid ; and upon the purchafer's taking a receipt for fuch pur-
chafe-money from the perfon intitled to receive the fame, by an
indorfement on the back of fuch certificate, the foil of fuch old
highway fhall become vefted in fuch purchafer and his heirs ;
Mine<^ 3.nd t)ut all mines, minerals, and fofTils, lying under the fame, fhall
minerals re- continue to be the property of the perfon or perfons who would,
ferved to the from time to time have been intitled to the fame, if fuch old
owners. highway had continued there.

Ccftsofpro- XVIIL And be it further enaaed. That in cafe fuch jury

ceedings by fliall give in and deliver a verdia for more monies, as a recom-

whom pay- pence for the right, intereft, or property, of any perfon or per-

abie. {oi\%^ bodies politick or corporate, in fuch lands or grounds, or

for the making fuch fence, or for fuch damage or injury to be

fuftained by hmi, her, or them refpeaively, as aforefaid, than

what fliall have been propofed and offered by the faid furveyor,,

before fuch application to the faid court of quarter-feflions, aa

aforefaid ; that then, and in fuch cafe, the cofts and expences

attending the faid feveral proceedings fhall be borfte aud paid by

the

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1773-] Anno declmo teftio GeoRGII III. c, 78. 195

the furveyor of the faid highway, out of the monies in his or
their hands, or to be afleffed and levied by virtue and under the
powers of this a6t ; but if fuch jury fhall give and dehver a ver-
didl for no more, or for iefs monies than fhall have been fo of- -

fered and propofed by the faid furveyor, before fuch applicatioa
to the faid court of quarter feffions ; that then the faid cofts and
expences (hall be borne and paid by the perfon or perfons^ bo-
dies politick or corporate, who fliali have refufed to accept the
recompence and fatisfadion fo offered to him, her, or them, as
aforefaid.

XIX. And be it further enacted, That when it fhall appear, HighvtrajfSj
upon the view of any two or more of the faid juftices of the bridleways,
peace, that any publick highway, not in the fitu^tion herein- and footways^
before defcribed, or publick bridle- way, or foot-way, may be ^^l^^-^^^l^l^
diverted, fo as to make the fame nearer or more commodious afthelrfpedd
to the publick, and the owner or owners of the lands and feffions, with
grounds through which fuch new high-way, bridle-way, or the confent of
foot- way, is propofed to be made, fhall confent thereto, by ^j^^ owners of
writing under his or their hand and feal, or hands and feals, it theyaTenearei-
fhall and may be lawful, by order of fuch juflices, at fome fpe- or more con-
cial feffions, to divert and turn, and to flop up fuch foot-way, venient to the
and to divert, turn, and flop up, and inclofe, fell, and difpofe publick, and
of fuch old highway or bridle-way, and to purchafe the ground ^ay\e ftlTp^
and foil for fuch new high-way, bridle-way, or foot-way, by ped up and
fuch ways and means, and fubje6l to fuch exceptions and con- inciofed*
ditions, in all refpe6ls, as herein-before mentioned with regard
to highways to be widened or diverted; and where any fuch
highway, bridleway, or footway, herein lafl before defcribed,
fliall be fo ordered to be flopped up or inclofed, and fuch new
highway, bridleway, or footway, fet out and appropriated ini
lieu thereof, as aforefaid, it flialj and may be lawful for any
perfon or perfons injured or aggrieved by any fuch order or pro-
ceeding, or by the inclofure of any road or highway, by virtue
of any inquifition taken upon any writ of Jd quod damnum^ to' Appeal may fee'
make his or their complaint thereof, by appeal to the juflices made to the
of the peace at the next general quarter felTions, which fhall be q^'^rter fef-
holden within the limit where the fame fhali lie, after fuch or- cee^aings^by"
der made or proceeding had^ as aforefaid, upon giving ten days writ of Ad
notice in writing of fuch appeal to the furveyor atid party in- quod dammmi
terefted in fuch inclofure, if there fhall be fufficient time for that ^^ otherwiftj.
purpofe; if not, fuch appeal may be made upon the like notice
to the next fubfequent quarter feffions of the peace^ which courts
of quarter feflions are hereby refpedively authorifed and impow-
ered to hear and finally determine fucb appeal; and if no fuch
Appeal be made, or, being made, fuch order and proceedings'
fhall be confirmed by the faid court, the faid inclofures may b^
made, and the faid ways flopped, and the proceedings thereup-i
on fliall be binding and conclufive to all perfon^ whomfoever;-
and the new highway, bridleway, or footway, fo to be appro-
priated and fet out, (hall be^ and for ever after continue, a pub-
liek highway, bridleway, or footway, to all intents ami purpo-

© a foi

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19S Anno decimo teitio Georgii III. c. 78, 1^77 f

No fuch in- fes vvhatfoever; but no inclofures of fuch old highways or bridle-

mSVtUthe^^>'' ^'* ftopP^ge of fuch footway, (hall be made, until fuch

ne/^ high- new highways, bridleway, or footway, (hall be compleated, and

ways, &c.fliall p^^t into good condition and repair, and (o certified by two ju-

be cornpleat- ftices of the peace, upon vievy thereof; which certificate (hall be

' . returned to the clerk of the peace, and by him inrolled amongfl:

thereofVe^^ the records of the faid court of quarter fe(rions; but from and

tuned to the ^^^^^ ^^^^'^ certificate, fuch old highways, bridleway, or footway,

clerk of the f^^aH and may be flopped up, and the foil of fuch old highways

peace. or bridleway fold, in the manner, and fubje6l to the referva-

tions and reftridtions herein-before mentioned with refpe6t to

highways to be enlarged or diverted by virtue of this acl : and

where any highway, bridleway, or footway, hath been diverted

Concernincr ^^^ turned above twelve months, either from necefTity, where

thofe which ^1^^ 1^^^ have been def^royed by floods, or (lips of the ground

have been on which they were made, or from other caufes and motives,

turned above jf new highways, bridleways, or footways, have been made ia

o^^"!^"J^J!r^ ^i^^ thereof, nearer or more commodious to the publick, and
and no prole- .v- ,, -ri* i r • *■ r -

cution com- ^"^ \2LVc\t have been acquielced m, and no luit or prolecution

jnenccd. hath been commenced for the diverting or turning the fame,

every new highway, bridleway, or footway, fet out and ufed in
the place of that fo diverted and turned, fhall from henceforth
be the public highway, bridleway, or footway, to all intents and
purpofes whatfoever ; and all perfons liable to the repair of any
fuch old highways, bridleway, or footway, fo diverted and turn-
ed, or to be diverted and turned, as aforefaid, fhall, in the fame
manner, be and continue liable to the repair of fuch new high-
ways, bridleway, or footway, except where any agreement fhall
have been made relative to fuch repairs, between the parties in-
terefted therein, which hath laid the burthen thereof, or of any
part thereof, upon any other perfon or perfons in which cafe the
fame fnall be obferved.
I 'Tt-hatcare? XX. Provided neverthelefs, and be it further enaded. That
and in what' no common land, lying between the fences of any old highway
manner, and to be flopped Up or inclofed by virtue of this ad (hall be inclofed,
up< n w*at gi^(j where the land lying between the fences of fuch highway,
^mT^^i -a s ^^^ being common land, fhall, upon a medium, exceed thirty feet
or th^hnd^s * J" breadtli, and not extend to fifty feet in breadth, the fame (hall
hina: between not be flopped up or inclofed, until fatisfacStion (hall be made to
the lences in- x\vz owner of fuch land, for fo much thereof as fliall exceed the
f'^'T^.v^n ^'^^^ breadth of thirty feet; and if the parties cannot agree in the
^^^^^i ^ fatisfadion fo to be made, the fame Ihall be adjufled by the faid
. juflices, or the jury, if a jury (liall be impanelled ; and if the
land between the fences incloiing fuch highways, not being com-
mon land, fhall exceed fifty feet in breadth upon a medium, or
if th.e laid old road, fo to be diverted or turned (hall lie through
ih'Z open ficid or ground belonging to any particular perfon or
perfons, fuch perlbn or perfon^, and alfo the perfon or perfons
• inritled to the land between the fences on the lide of fuch high-
way, fliall refpeclively hold and enjoy the land and foil of fuch
old Tiighway, and pay to the furveycr^ for the ufe of the high-
ways^

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17730 Anno declmo tertio GeorGii III. c.yS. 197

ways, {o much money as (hall be agreed upon between the par-
ties ; or if they cannot agree, fo much as (hall be deemed and
adjudged by the faid juftices, or jury, if fuchjury fhaJl be im-
panelled, as aforefaid, to be adequate to the purchafe of it,
eflimating fuch highway at thirty feet in breadth, upon an
average.

XXI. And be it further enabled. That where any footway ^r|^g„ ^j^
fhall be diverted by virtue of this a6l through the land belons;- footways are
ing to the fame perfon who owned the land through which fuch topped up,
old footway lay, the fame (hall be adjudged and deemed an ex- ^/!^ ^""^^ '^p^^
change only, and no fatisfadion or compenfation (hall be made, what^manner
unlefs the land to be ufed for fuch new footway (hall be of the owners of
greater lenp-th, and of o-reater value, than the land ufed for fuch the lands fliall
old footway ; and where the faid footway fhall not be turned ma^e and re-
through the lands belonging to the fame perfon, the damage faak)rf*^^^"
occafioned by fuch old footway to the lands through which it
lay, ii the parties interefbed fhall not agree in adjufting the
fame, fhall be adjudged by two indifferent perfons, the one to
be named by the owner of the land, and the other by the faid
two juftices ; and if the perfoYis fo to be nominated cannot agree
therein, they fhall chufe fome third perfon to adjudge the fame,,
whofe determination fhall be final; and the money at which
fuch damages fhall be affeffed. (hall be applied in making fatis-
fadion to the owner or owners of the land through which fuch
new footway fhall be made,

XXII. And be it further enabled. That if in any parifh, town- juftices to or-
fhip, or place, where any highway fliall be diverted and turned derunnecei-
by virtue of this a61:, it fhall appear to the juftices who are here- .^^^ highways
by authorifed to view or inquire into the fame, that there are [^^ ^ ^^^^
other highways within fuch parifh, townfhip, or place, befides
that fo to be diverted and turned, which may, without incon-
venience to the publick, be diverted into fuch new highway
hereby authorifed to be made, or into any other highway or
highways within fuch parifh, townfhip, or place, and the charge
of repairing fuch highway or highways may be thereby faved to
fuch pari(h, townfhip, or place, it (hall and may be lawful for
fuch juftices to order fuch highway or highways, which (hall ap-
pear to them unneceffary, to be ftopped up, and the foil there-
of fold, in fuch manner, and fubjedl to fuch reftridions, and
fuch right of appeal to the party or parties aggrieved thereby, as
are herein-before refpedively diredled and given concerning the
highways, to be ftopped up or inclofed.

XXIIL And be Jt further ena6led, That every furveyor fhall j,^{|^ces on in-
and may, from time to time, give information upon oath to the fomiCition of
faid juftices, or any two or more of them, of all fuch highways, /urueyor, may
and of all bridges, caufeway^, or pavements, upon fuch high- ^^'^''^ j^^gh-
ways, as are out of repair, and ought to be repaired by ^ny ^'g^!^! ;3J^^^^^
perfon or perfons, bodies politick or corporate, by reafoa of anv lenure, &c. to
grant, tenure, limitation, or appointment, of any charitable be rr-paired
gift, or otherwife howfoever; and the faid juftices (ball Hmit a ^'''^.•'^'^^ ^^^'
X'mQ for repairing the fame, of which notice fhall be given by ^'^'^^'^ ^^^'^^^'^

0 3 thq

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^9^ Anno declmo tertio Georgii IIL c. 7S. [1773,

tl>e fald furveyor to the occupier or occupier of the lands or te*
nements liable to the burthen of fuch repairs, or to fuch other
perfon or perfons, bodies politick or corporate, as are chargeable
^nd if not re, ^1^^.^^^ ^ame ; and if fuch repairs (hall not be efFeaually made
paired within Within tb.e time fo limited, the faid juftices (hall, and are here-
that time, may by required to prefent fuch highways, bridges, caufeways, or
prefent them, pavements, fo out of repair, together with the perfon or per-
fons, bodies poHtick or corporate, liable to repair the fame, at
the next general quarter feffions of the peace for the limit where-
in fuch highway Ihali lie, and the juftices at fudh quarter fef-
fions may, if they fee juft caufe, dired the profecution to be
carried on at the general expence of fuch limit, and to be paid
out of the general rates within the fame.
Jufiic^s of XXIV. And be it further ena^ed. That every juftice of af-

^hc^tlc"^ ^^ ^^^^' juftices of the counties palatine of Cbejer, Lancajer, ' znd
io^'make^pre" ^^^^^^^^^ ^^^ ^f the great feffions in Wales, ihall have authori-
fentmentsof ^Y by this ftatute, upon his or their own view, and every ju-
|)ighways, &c. ftice of the peace, either upon his own view, or upon informa-
put of repair, tion upon oath to him given by any furveyor of the highwaysj,
to make prefentment, at their refpe^ive aftizes or great ieflionsj
or in the open general quarter feffions, of fuch refpedive limit
of any highway, caufeway, or bridge, not well and fufficiently
repaired and amended, or of any other default or offence com-
mitted and dorie contrary to the provifion ^nd intent of this
ilatute ; and that all defecfts in the repair thereof fhall be pre-
fented in fuch jurifdidion where the fame do lie, and not eKe-
vv^here ; and that no fuch prefentment, nor any indictment for
any fuch default or offence, (hall be removed by Certiorari, or
otherwife, out of fuch jurifdidion, till fuch indictment or pre-
fentment be traverfed, and judgement thereupon given, except
where the duty or obligation of repairing the faid highways,
caufeways, or bridges, may come in queftion ; and that every
fuch prefentment made by any fuch juftice of affize, .counties
palatine, great feffions, or of the peace, upon his own view, or
ijpon fuch information having been given to fuch juftice of the
peace, upon the oath of fuch furveyor of the highways, as a*
forefaid, ftiall be as good, and of thp fame force, ftrength, and
effect, in the law, ^s if the fame had been prefented and found
\>y the oaths of twelve men ; and that for every fuch default or
offcqce ^o prefented, as aforefaid, the juftices of affize, coun-
ties palatine, and great feffions, at their refpedive courts, and
the juftices of the peace, at their general quarter feffions, fhall
have authority to affefs fuch fines as to them fhall be thought
meet : faving to every perfon and perfons that fhall be ^ffed^ed
by any fuch prefentment, his, her, or their lawful traverfe to
(he fame prefentment, as well with refpe6t to the facft of non-
repair as to the duty or obligation of repairing the faid high-
ways, as they might have had upon any indidment of the
fame, prefented and found by a grand jury ^ and the juftices of
the peace, at their general quarter feffions, or the major part of
them^ mav^ if they fee juft caufcj direct the profecutions upoa

' ' ' ' ' fueh

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1773*] Anno decimo tertio Georgii III. c. 78. ip9

fuch prefentments as fhall be made at the quarter feffions as a-
forefaid, to be carried on at the general expence of fuch hmit^
and to be paid out of the general rates within the fame.

XXV. And be it further enaded. That the faid juftices ofM^cesmay
the peace, at any fpecial feffions to be held by virtue of this acT:, ^[^i^^^ g^^^i^
may^ by writing under their hands and feals, order and ap- ^^ ^^.^ ^^^
point thofe highways, (not_being turnpike road), which in their paired,
opinion do moft v>7ant repair within their jurifdidlion, to be firft
amended, and at what time, and in what manner, the fame

Ihall be amended ; according to which order, if fuch there be,
all and fmgular the refpedive furveyors of the faid highways are
hereby required to proceed within their rcfpec5live liberties.

XXVI. Jnd^ for the better convenience of travellers^ where f eve- Direaion
ral highways meet^ be it further enaded. That the faid juftices, pofts where
at fome fpecial feffions to be held for the purpofes o^ this a^, ^']'^^^^ ^^ "^^
fhall iffiie their precept to the furveyor of the highways for any ^^^^ '' '
pariffi, townfhip, or place, where feveral highways meet, and

there is no proper or fufficient diredion pod, or ftone, already
fixed or ereded, requiring him forthwith to caufe to be ereded
or fixed, in the moil convenient place where fuch ways meet, a
ftone or poft, with infcriptions thereon, in large legible letters,
painted on each fide thereof, containing the name or names of
the next market town or towns, or other confiderable place or
places, to which the faid highways refpeclively lead ; and alfo
at the feveral approaches or entrances to fuch parts of any high-
ways as are fubjedl to deep or dangerous floods, graduated
ftones or pofts, denoting the depth of water in the deepeft part
of the fame, and likewife fuch diredlion pofts or ftones, as the
faid juftices ftiall judge to be necelTary, for the guiding of tra-
vellers in the beft and fafeft tra6t through the faid floods or wa-
ters ; and the faid furveyor (hall be reimburfed the expences of
providing and ere6ting the fame refpectlvely out of the monies
which fliall be received by him or them, purfuant to the direc-
tions of this a6l; and in cafe any furveyors fhall, by the fpace
of three months after fuch precepi to him direded and delivered,
negle6l or refufe to caufe fuch ftones or pofts to be fixed, as a-
forefaid, every fuch offender ihall forfeit the fum of twenty
ihillings.

XXVII. And', for the better repairing^ and leeping in repair^ Materials
the faid highways^ and providing of materials for that purpofc^ be where and in
it enaded, That it ftiall and may be lawful to and for every fur- ""^^fl manner
veyor, to be appomted as atoreiaid, to take and carry away, or fm-veyors-
caufe to be taken and carried away, fo much of the rubbifti or

refufe ftones, of any quarry or quarries, lying and being v^ith-
inthe parifh, tov^^nlhip, or place, where he fnall be furve^^or,
(except fuch as ftiall have been got by the furveyor of any turn-
pike road), without the licence of the owner or ov^'ners of fuch
quarries, as they (hall judge neceflary, for the amendment of
the faid highways, but not to dig or get ^owt in fuch quarry
without leave of the owner thereof^ and alfo that it ihnll and
piay be lawful for every fuch furveyor^ for the ufe aforefaid, in

o 4, g^ny

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^^^ A^i^o decimo tertio Georgii III. c. 78. [1773;

a^y wafte land or common ground, river, or brook, within the
paria^, townlhip, or place, for which he (hall be furvevor o-
vvithin any other parifli, townfeip, or place, wherein graveL
land, chalk, ftone, or other materials are refpeaively likely to
be found, (m cafe fufficient cannot be conveniently had within
the pariQi, town(hip, or place, where the fame are to be em-
ployed, and fufficient (liall be left for the ufe of the roads in fuch
Other panih, town^ip, or place), to fearch for, dicr, aet, and
carry away the lame, fo that the faid furveyor doth not^herebv
divert or mterrupt the courfe of fuch river or brook, or preju-
gice or damage any building, highway, or ford, nor dig or P;et
the fame out of any nver or brook within the diftance of one
hundred feet above or below any bridge, nor within the like
difcance of any dam or wear; and likewife to gather ftones
lymg upon any lands or grounds within the parifh, townfhip
or place, where fuch highway (hall be, for fuph fervice and pur-
pofe, and to take and carry away fo much of the faid materials
as by the difcretion of the faid furveyor fliall be thouo-ht necef-
M. .n..!. ^^''' ^"^ ^^ employed in the amendment of the faid hio-hwavs
fnfradsfac ^'^^^^°^^ ^^^'^^g ^^^y ^^^^sfaaion for the faid materials , but fa-
tio^n 5 tisrac^ion (hall be made for all damages done to the lands or

bat fntisfac- g^oimds of any perfon or perfons, by carrying away the fame,
X;on to be in the manner herein-after direded for getting and carryino- ma-
TJiade for da- terials in indofed lands or grounds; but no fuch ftones fh^ll be
U^r^n^ gathered without the ccnfent of the occupier of fuch lands or
them a ■ayT g^^^^^^^, or a licence from a juftice of peace for that purpofe,
after having fumaioned fuch occupier to come before him, and
lieard his reafons, if he ihall appear and give any, for refufins
his con fen t.
No(- to e:.'tend XXVUl. Provided always^ and be it further enacfted by the
\? ^""''^'^ aufliority aforefaid, That nothing in this ad contained, relative
tHrieaValkd^' ^^ ^^^^ gathering or getting of ftones, Ihali extend to any quan.
Btach, ^"^y of land, (being private property), covered with ftones

thrown up by the fea, commonly called Beach,
J^ fultkient XXIX. And be it further enaded. That it fhall and may be

li-iaterials can- lawful for every fuch furveyor, for the ufe aforefaid, to fearch
pot be Found for, dig, and get fand, gravel, chalk, ftone, or other materials
knds %c. ^^ fufricient cannot conveniently be had within fuch wafte lands '
common grounds, rivers, or brooks, in and through any of the
feveral or inclofed lands or grounds of any perfon or perfons;
whomfoever, within the pari/h, townfhlp, or place, where the
fame (ball be wanted, or by licence from two juftices of the
the fnrveyor peace, at a fpecial felfjons within any other pariiTi, townihip, or.
tTem^ft^om v'^'^'-'^^ adjoining or lying near to the highway for which fuch
ii v = rai o! Ill- materials fliall be required, if it (hall appear to fuch jufiice$ that
doled lands fulficient materials cannof be conveniently had in the pariOi
or grouadb, townlhip, or place, where fuch highways lie, or in the wafce
lands, or common grounds, rivers, or brooks, of fqch adjacent
parirf), townfhip, or place, and that a fufRcient quantity of ma-
terials vvill be left for the ufe of the parifh, townlhip, or place
\Yi\cxQ the fame (liall be, (fuch lands or grounds npt beino- ^

garcfen^

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i773-*J -^^^Q decimo tertio Georgii III, c. 78. 201

garden, yard, avenue to a houfe, lawn, park, paddock, or in-
clofed plantation), and to take and carry away fo much of the
faid materials as by the difcretion of the faid furveyor (hall be
thought neceflary to be employed in the amendment of the faid
highways; the faid furveyor making fuch fatisfadion for the ^^,^.^ .^^.^^
damage to be done to fuch lands or grounds by the getting and faaion to the
carrying away the fame, as lliall be agreed upon between him owners,
and the owner, occupier, or other perfon interefted in fuch
lands or ground refpecflively, in the prefence and with the ap-
probation of two or more fubftantial inhabitants of fuch parifh,
tovv'ndup, or place ; and in cafe they cannot agree, then fuch ^^ ^^^^^ ^^^^^
fatisfadion and recompence (hall be fettled and afcertained by ^^^j. fatisfac- "
order of one or more juftice or juftices of the peace of the limit tion is to be
where fuch land or ground fhali lie : and in fuch places, where, fettled,
from the want of other materials, burnt clay may be fubftituted
in the place thereof, it (hall and may be lawful for the furveyor ^^ ^^

to dig clay in fuch places as he is hereby authorifed to dig chalk got and burnt
or gravel, and to dry the fame upon the lands adjoining, and to into materials
burn the fame upon any wafte lands or common grounds, and for repairing
to carry fuch clay in fuch manner as other materials are allow- ^^^ ^"S^^^^^*
ed to be carried by this ad, upon making fuch fatisfadtion for
the damages within the feveral inclofed lands or grounds where
fuch clay (liall be placed or carried, as herein direded with re-
gard to other materials : provided, that when the owner of any
luch inclofed lands fhall have occafion for any fuch materials ly-
ing within tiie fame, for the repair of any highway, or other
roads or ways upon his eftate, or which he (hall be under obli-
gation to repair, and (hall give notice to fuch furveyor that he
apprehends there will not be fufHcient for thofe purpofes, and
alfo for the ufe of the publick highways ; then, and in every
fuch cafe, the furveyor (hall not be permitted to dig or to take
fuch materials v^ithout the confent of fuch owner, or an order
of two juftices of the pe'ace, after having funamoned and heard
the faid owner or occupier, or his fteward or agent; which ju-
ilices are hereby authorifed to inquire into the nature and cir-
cumftances of the cafe, and to permit or reftrain fuch power, in
fuch manner, and under fuch direclions^ as to them (hall feem
juft.

XXX. And whereas in fome parijhts^ townjhips^ or places^ ^^-^^^'^ Expences in*
wa^ not f?e fufficient inaterials for the repair of the highways within curred for
the fame^ nor within the wajle lands^ common grounds^ rivers^ ^;' buying mate-
hrooks^ of any other parijh^ townjhip^ or place ^ lying within a ^^^- [adsiaftton'ffr
venient dijiance from fuch highway^ by reafon whereof the furveyor ^^^^^^igts^ Sec,
of fuch highivay may be forced to buy fuch ?nateriah^ and to make
recompence and fatisfadion to the ozvner or occupier of inclofed lands
for damage which tnoy he done by getting and carrying thereof : and
tuhereas no provifion is made for raiftng a fund to reimburfe the ex^
fences thereof^ and alfo fuch expences as the faid furveyor s may incur y
by ere5iing guide-pofs^ or other pofls or fioneSy and by making or re-
pairing fuch trunks^ tunnels^ plats ^ bridges^ or arches y as aforefaid^
^nd by rendering f^isfa^ion for damages done to lands by the making
' " ' ' ■ of

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202 Anno decimo tertio Georgii III. c- 78. [1773.

of new ditches, or drainSy nor for the f alary to he paid by fuch pari/h,^
townJJnp^ or place^ to fucb furveyor as aforefaid ; be it therefore
t'^umc^?^'^^ enaaed. That upon application by fuch furveyor to the juftices^
fpeaarS^. ^^ ^^ ^^^ peace, at their fpecial fefTions, and oath made of the fum
fions, may be °^ ^^^^ of money which he hath bona fide laid out and expend-
raWed by an ed, or which will be required for the purpofes aforefaid, the faid
alTeilmenr, jufiices, or any two or more of them, (hall, and they are here«
by impovvered, by warrant under their hands and feals, tocaufe
an equal aiTeiTment to be made for the purpofes aforefaid, upon
all occupiers of lands, tenements, woods, tithes, and heredita-
ments, within fuch parifh, town(hip, or place, where fuch mo-
ney fhall be {o expended or laid out ; and the fame (hall be
made and colieded by fuch perfon or perfons, and allowed in
fuch manner, as the faid juftices, by their order at fuch fe(rions,
Ihall direft and appoint in that behalf; and the money thereby
raifed (hall be employed and accounted for, according to the di-
redion of the faid juftices, for the purpofes aforefaid ; and the
faid affeifment (hall be levied in fuch manner as herein-after
mentioned : provided neverthelefs, That no fuch afre(rment to
be made for thofe or any of thofe purpofes, in any one year,
not exceeding ^^^^ exceed the rate of fixpence in the pound, of the yearly va«
6d. in ihe lue of the lands, tenements, woods, tithes, and hereditaments,
pound. fo to be affeffed.

If pits or holes XXXI. And be it further ena6led, iThat if any furveyor, or
are made in perfon employed by him, (hall, by reafon of the fearching for,
getting mate- digging, or getting any gravel, fand, ftones, chalk, clay, or
veVor^ftitll * ^^^^^^ materials for repairing any highways, make, or caufe to
caufethem to ^^ made, any pit or hole in any fuch lands or grounds, rivers
be filled up or or brooks, as aforefaid, wherein fuch materials (hall be found,
fenced off, fuch furveyor, perfon or perfons, fhall forthwith caufe the fame
to be fufficiently fenced off, and fuch fence fupported and re-
paired, during fuch time as the faid pit or hole (hall continue
open, and fhall, within three days after fuch pit or hole (hall
be opened or made where no gravel, ftones, or materials, (hall
^e found, caufe the fame to be forthwith filled up, levelled, and
covered with the turf or clod which was dug out of the fame ^
and where any fuch materials (hall be found, within fourteen
days after having dug up fufficient materials in fuch pit or hole,
caufe the fame to be h\\^6 up, floped down, or fenced off, and
fo continued ; and every furveyor (hall, within twenty days af-
ter he (hall be appointed to that office, caufe all the faid pits and
holes which fhall then be open, and not likely to be further ufe-
ful, to beiiiled up or floped down, in manner aforefaid i and
if they are likely to be further ufeful, he (hall fecure the fama
by pofts and rails, or other fences, to prevent accidents to per-
fons or cattle; and in cafe fuch furveyor, perfon or perfons,
fhall negledt to fill up, flope down, or fence off, fuch pit or
forfeit JOS. ^"^^le, in rnanner and within the time aforefaid, he or they (hall
for every neg- forfeit the fum of ten (hillings for every fuch default ; and in cafe
It^lj fuch furveyor, perfon or perfons, fhall negle6t to fence off fuch

pit or hole, or to flope dgwn the fame, as herein-before direct-

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1 773-1 Anno decimo tertio GeorGII III. c. 78. 203

ed, for the fpace of fix days after he or they fhall have received ^"^,^^ ^J^^'X
notice for either of thofe purpofes from any juftice of the peace, ^^^.^^^ ^^^^^^
or from the owner or occupier of fuch feveral ground, river, or
jDrook, or any perfon having right of common within fuch com-
mon or wafte lands, as aforefaid, and fuch neglecSl: and notice
fnall be proved upon oath before one or more of the faid juftices
of the peace, fuch furveyor, perfon or perfons, ihall forfeit and
pay any fum not exceeding ten pounds, nor lefs than forcy fliil- ^ f^j^ ^ot ex-
Jings, for every fuch negle£l; to be determined and adjudged ceeding lol.
by fuch juflice or juftices, and to be laid out and applied in the nor lels th^a
fencing off, filling up, or floping down, fuch pit or hole, and ^°^*
toward the repair of the roads in the pari(h, townfhip, or place,
where the offence fi:iall be committed, in fuch manner as the
faid juftice or juftices (hall diredt and appoint ; which forfeiture,
in cafe the fame be not forthwith paid, (hall be levied as other
fer'feitures are herein-after diredted to be levied.

XXXII. Provided always, and be it further enaded. That Materials dug
no ftone, gravel, or materials, to be dug for the ufe of any for the ufe ot
other parifti^ townlhip, or place, than that wherein the fame ^"y other pa-
arc found, fliall be removed or carried from the place where J^^^^^ .^^^"
they ftiall be fo dug at any other time than between the firft day fummer or
of Jpril and the firft day of November ^ or in the time of hard hard froft.
froft in the winter feafon.

XXXIII. And be it further enaded. That if ^ny perfon fhall Perfons da-
dig, or caufe to be dug, materials for the hi-ghjways, contrary maging mills,
to the diredlion of this afl:, whereby any bridge, mill, building, ^^j]fg^"|^; ^
dam, highway, ford, mines, or tin-works, may be damaged ^^jg^iJ^g^gj-g.
or endangered ; every offender therein fhall forfeit, for every rials, forfeit
fuch offence, any fum not exceeding five pounds, nor lefs than not exceed-

twenty fhillinp-s, at the difcretion of the court of juftices before ^"S S^-

X -' 1^-1- r/i.iiu J nor lefs than

whom complamt thereor mail be made, 20s.

XXXIV. And be it further enacted, That the faid furveyor, statute-duty,
to be appointed as aforefaid, together with the inhabitants and

occu^iers^of lands, tenements, woods, tithes, and hereditaments, ff}/c. ^^Z'- -^ o*^z.

'v;ithin each parifh, townOiip, or place, fhaPi, at proper feafons ^^ ^>^

in every year, ufe their endeavours for the repair of the high- ^' U

ways, and (hall be chargeabJe thereunto, as followeth ; that is
to fay, every perfon keeping a waggon, cart, wain, plough, or '^'^ refpedl of
tumbrel, and three or more horfes or beafts of draught ufed to |^^^P'"g ^
draw the fame, ftiall be deemed to keep a team, draught, or pyi'j^g ^j^^^g^ '
plough, and be liable to perform ftatute-duty, with tht fame, in &c.
the parifh, townfhip, or place, where he refides, and fhall, fix
days in every year, (if fo many d3ys ihall be found neceflary^)
to be computed from Michaelmas to Michaelmas^ fend on every
day, and at every place, to be appointed by the furveyor for the
amending the highways in fuch pari(h, towniliip, or place, one
wain, cart, or carriage, furnifhed after the cuftom of the coun-
try, with oxen, horfes, or other cattle, and all other necelTaries
fit to carry things for that purpofe, and alfo two able men with
fuch wain, cart, or carriage ; which duty fo performed (hall
^xcufe every fuch perfon from his duty in fuch parilh, townlliips

-■■- " ■ ^ /■ ' or

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204 Anno decimo tertio Georgii III. c. 78. [1773:

or place, in refpecl of all lands, tenements, woods, tithes, or
hereditaments, nQt exceeding the annual value of fifty pounds,
which he ihall occupy tlierein : and every perfon keeping fuch
team, draught, or plough, and occupying in the fame parifh,
town(hip, or place, lands, tenements, woods, tithes^ or heredi-
taments, of the yearly value of fifty pounds, over and beyond
the faid yearly value of fifty pounds, in refpedt whereof fuch
team-duty fhall be performed^ and every fuch perfon occupying
lands, tenements, woods, tithes, or hereditaments, of the yearly
value of fifty pounds, in any other pari(h, town(hip, or place,
befules that wherein he' refides, and every other perfon not
keeping a team, draught, or plough, but occuping lands, tene-
ments, w^oods, tithesj or hereditaments, of the yearly value of
iifty pounds, in any parifh, townfhip, or place, fhall, in like
manner refpeclively, and for the fame number of days, find
and fend one wain, cart, or carriage, furnifhed with not lefs
than three horfes, or four oxen and one horfe, or two oxen and
two horfes, and two able men to each wain, cart, or carriage j
and, in like manner, for every fifty pounds per annum refpec-
tively which every fuch perfon iTiall further occupy, in any fuch
paridi, townfhip, or place refpeclively, fuch wains, carts, or
carriages, to be employed >by the furveyor in the repairing and
amending the highways within the parifh, townfhip, or place,
where fuch lands, tenements, woods, tithes, or hereditaments.
Contribution fhall refpeclively lie; and every perfon who fhall not keep a
>n money. team, draught, or plough, but fhall occupy lands, tenements,
woods, tithes, or hereditaments, under the yearly value of fifty
pounds, in the pari(h, townfhip, or place, v;here he refides, or
in any other parifh, tovv»n(hip, or place, and every perfon keep-
ing a team, draught, or plough, and occupying lands, tene-
ments, woods, tithes, or hereditaments, under the yearly value
of fifty pounds, in any other parifh, townfliip, or place, thar^
that wherein he refides, fhall refpe6lively contribute to the repair
':\ of the highways, and pay to the furveyor of fuch parifh, town-
l Ihip, or place refpedively, in lieu of fuch duty, the fums fol-

■ "^lowing ; videlicet^ for every twenty fhillings of the annual value

of fucii lands, tenements, woods, tithes, or hereditaments, re-
fpedively, the fum of one penny for every day's flatute-duty ^
which fliall be required and called for by the furveyor of fuch
parifh, townfhip, or place refpedlively, in every year, not ex-
ceedin'y fix days duty in the whole, as aforefaid ; and every fuch
perfon'refpedively fhall, in like manner, pay the fum of one
penny for every twenty (liillings of the annual value of the lands, •
tenements, woods, tithes, and hereditaments, which he fhall
occupy in any fuch pariPn, townHiip, or place refpedlively, above
the annual value of iifty pounds, and lefs than one hundred
pounds, and fo for every twenty (hillings that each progrefTive
and intermediate annual value of twenty fliillings, of the lands,
tenements, woods, tithes, and hereditaments, which he fhall fo
occupy, fliali fall fhort of the further increafe of fifty pounds,
in every parifh, tovvnfliip, or place^ where fuch lands^ tenements,

woods^

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I773-] Anno decimo tertio GeorGII III. c". 78. 205

woods, tithes, and hereditaments, (hall rcfpedlively lie, for every
day's ftatute-duty (o to be required as aforefaid ; which faid How thefe
feveral fums (hall be confidered as compofitions, and (hall be contributions
paid to the furveyor of the parifh, townfliip, or place, in which [^^ beTecover-.
they are charged, for the ufe of the highways therein, at the ^'^^^
time fuch compofuions are to be paid under the authority of this
adl, or within ten days after; or, in default of fuch payments,
fuch money (hall be levied by diih'efs and fale of the goods and
chattels of the perfon or perfons refufing to pay the fame, in
fuch manner as the forfeitures for the negledt in performing the
ftatute-duty are hereby authorifed to be levied and railed : pro-
vided, that no perfon keeping fuch team, draughty or plough,
and performing duty with the fame, as aforefaid, in the parid^.,
townfhip, or place, where he refides, and not occupying lands,
tenements, woods, tithes, or hereditaments, within the fame,
of the yearly value of thirty pounds, Ihall be obliged to fend
more than one labourer with fuch team, draught, or plough.

XXXV. And be it further enaded. That every perfon who The duty re-
fhall not keep a team, draught, or plough, but ihall keep one quired from
or more cart or carts, and one or two horfes or beafts of draught psrfons who
only, ufed to draw in each, of fuch carts upon the highways, traiTT^biu^^ ^
ihall be obliged to perform his ftatute-duty for the like number keep one or
of days with fuch cart or carts, and horfe or horfes, or bealh of two horfes
draught, and one labourer to attend each cart, or to pay for the^^^d to draw,
lands, tenements, woods, tithes, and hereditaments, which he
Ihall occupy, according to the rate aforefaid, at the option of the
furveyor ; and every perfon who (hall keep a coach, poft-chaife, or who keep a
chair, or other wheel-carriage, and not keep a team, draught, coach, poft-
or plough, nor occupy lands, tenements, woods, tithes, or ^^^^^^^' ^''^^
hereditaments, of the annual value of fifty pounds, in the parifh,
townfhip, or place, where he fliall refide, fliall pay to the fur-
veyor one fhilling in refpe6i: of every fuch day's ftatute-duty,
for every horfe which he fhall draw in any fuch carriage, or (liall
pay according to the value of the lands, tenements, or heredi-
taments, which he ftiall occupy, according to the rate aforefaid,
at the option of the furveyor ; and alfo every man inhabiting inperfonal la-
any parilh, townfhip, or place, and being of the age of eighteen, bour required
and under the age of fixty years, not chargeable in any of the^^°"^ ^"*^^^^"
refpeds aforefaid for lands, tenements, woods, tithes, or here- who^'Jrcupy^^
ditaments, of the yearly value of four pounds, or upwards, and kfs than 4I.
not being bona fide an apprentice or menial fervant, \\ot\\2iV-p^r annum.
ing performed the faid duty, or paid the compofition for the
fame, in any other parifli, townfhip, or place, for that year,
fhall, by themfelves, or one fufficient labourer for every of them,
upon every of the faid days on which they fnall be called forth
by the faid furveyor, together with the faid other labourers,
work and labour in the amendment of the faid highways, as
they fhall be direded by fuch furveyor ; and if the faid teams, Three men ta
draughts, or ploughs, or any of them, fhall not be thought be fent in lieu
needful by the furveyor, on any of the faid days, then every °^^ ^;^^7^> if
fuch psrfoa who fl:iould have fent any fuch team, draught, or^^^^^^*^^^

plough^

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2o6 Anno decimo tertio Georgii III. c. 78. [1773.

plough, according to the diredlions aforefaid, (hall, according to
the notice to be given, as herein-after direded, fend unto the
faid work, for every one fo fpared, three able men, there to la-
bour as*aforefaid, or to pay to the faid furveyor the fum of four
or4.s. 6d. in fhillings and fixpence in lieu thereof; and all fuch perfons as
money. aforefaid (hall refpeftively have and bring with them fuch

fhovels, fpades, picks, mattocks, and other tools, and inftru-
Durlng what i"nents as are ufeful and proper for the purpofes aforefaid; and
Hours, and all the faid perfons and carriages (hall diligently perform the
under what work and labour to which they ihall be appointed by fuch fur-
theVuty ftall ^^^^^ ^^^ ^^^^^ hours in every of the faid days, within fuch
be performed, pan^h, town(hip, or place, or in getting and carrying materials
in and from any other parifh, townfliip, or place, to be employed
in the repair of the highways of the parifh, townfhip, or place,
for which they (liall be required to perform fuch duty and labour
as aforefaid : and if any perfon fending a team, as aforefaid, fhall
not fend a fufficient labourer befides the driver, (except as here-
in-before mentioned ;) or if any fuch labourer, or driver, or
any other labourer, or the driver of any cart, required by this
a6l to perform ftatute-duty as aforefaid, (hall refufe to work
and labour, during the time above mentioned, according to the
diredion of the furveyor ; or if any driver ftiall refufe to carry
proper and fufficient loads ; it fhall and may be lawful for fuch
furveyor to difcharge every fuch team, cart, or labourer, and to
recover from the owner of every fuch team or cart the forfeiture
which every fuch perfon or perfons would have incurred by
virtue of this adt, in cafe no fuch team, cart, or labourer refpec-
tively had been fent.
The furveyor XXXVf. And be it further enabled. That it fhall and may
rrtay call for be lawful for the furveyor, where the employment for teams is
part of a team of fuch fort that two horfes will be fufficient for one cart, or
vvhere he where a ftand cart with one horfe (hall be neceffary, to call upon
cefTary, " ^^Y P^^^on liable to fend a team, "draught, or plough by virtue
of this a61, who keeps one or more cart or carts, and three or
more horfes, to fend fuch cart or carts, horfe or horfes, to per-
form his ftatute-duty, as the furveyor (hall find moft convenient,
and fliall dire6t ; and the furveyor fhall allow every fuch ftand
cart and one horfe as half a team, and every cart and two horfes
as two-thirds of a team ; and if a waggon fhall be found necef-
fary for any particular bufinefs, the furveyor may require the
duty, or any part thereof, to be performed with fuch waggon^
by any perfon who keeps one ; which diredions of the furveyor
fhall be obferved, or the perfon liable to perform fuch duty (hall
forfeit fuch fum as the duty fo required of him (hall bear, in
proportion to the forfeiture hereby inflicted for every negled in^
performing duty with a team, draught, or plough.
What notice XXXVII. And be it further enaded. That every fuch fur-
to be oiven for veyor rrsall, from time to time, give to, or caufe to be left at
performing the houfe, or ufual place of abode of every perfon or perfons fo^
tae duty. liable to perform fuch duty or labour, as in this a(5l diredled,
four days notice at the leaft of the day, houfj and place, upon

which

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1773'] Anno decimo tertlo GeoRGII III. e. 78* 207

which each of the faid day's duty (hall be required to be per-
formed ; and eveiy perfon or perfons making default in finding Forfeitures for
and fending each wain,, cart, or cahiage, furniftied as aforefaid, every defeuit
^nd fuch able men with the fame, as herein required, or in per- ^^ n^^i^^t.
forming the faid duty at the time and place, and in the manner,
by this aa direaed, (hall, for every fuch default or negka in
fending fuch wain, cart, or carriage, with fuch men as aforefaid,
forfeit the fum of ten (hillings ; and for every default in fending
every cart with one horfe and one man, three (hillings ; and for
not fending every cart with two horfes and one man, five (hil-
lings : and every perfon or perfons making default in fending
any fuch labourer, and every perfon making default in perform-
ing fuch labour at the time and place, and in the manner, di-
reaed by this aa, or in paying fuch compofition-money for the
fame, as herein mentioned, (hall, for every fuch neglea, forfeit
the fum of one (hilling and fixpence ; all which forfeitures (hall Application
be applied for the ufe of the highways within the pari(h, town- of theforfd-
ihip, or place, where the fame (hall arife; and the faid fur- ^J"^^*
veyor fliall fairly and equally demand and require fuch duty ^ ^^11 forth^^
and labour from every perfon or perfons liable^ to perform the the duty faiily
fame according to the direaions of this aa, without favour or and equally.
partiality to any perfon or perfons whomfoever : and if in
any parifh, town(hip, or place, it Ihall not be nece(rary to call
forth the whole duty in any year, it (hall be abated in a juft and
equal proportion amongft all perfons liable to the fame; and the
faid furveyor may and (hall, and he is hereby required, with all
convenient fpeed, after default made in performance of fuch
duty or labour as aforefaid, to proceed for the recovery of the
penalties or forfeitures hereby infliaed for the fame refpeaively,
in manner herein-after direaed, fo that the fame may be reco-
vered before he makes up his accounts in the manner direaed
by this aa.

XXXVIII. Provided always, and be it further enaaed, That Perfons may
any perfon or perfons liable to perform the faid duty, by fending compound for
one or more team or teams, draught or draughts, plough or ^^^tute-work.
-ploughs, with men, horfes, or oxen, in manner aforefaid, (hall
and may compound for the fame, if he, (he, or they, (hall think
fit, by paying to the faid furveyor, at the time, and in the man-
ner, herein-after mentioned, fuch. fum or fums of money as the
juftices of the peace for the limit wherein fuch parifh, town(hip,
or place, (hall be, or the major part of them, at their faid fpecial
fefTions, to be held in the firft week after Michaelmas quarter
felTions in every year, fhall adjudge and declare to be reafonable,
not exceeding fix (hillings, nor lefs than three (liillings, for each Compofitions
team, draught, or plough, for each day ; and in default of their fixed,
adjudging and declaring the fame, the fum of four (hillings and
fixpence for and in lieu of every fuch day's duty for each team,
draught, or plough ; and for every cart and one horfe or bea(l
of draught, two (hillings ; and for every cart with two horfes or
beafts of draught, three (hillings, for and in lieu of every daj's
duty ; and every inhabitant liable to perform fuch duty or

6 k-

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2o3 Anno decimo tertlo Georgii III. c. 78. [1773.

labour, as aforefaid, and not chargeable in any other refped, as
aforefaid, (hall and may compound for the fame, if he, (he, or
they, (hall think fit,, by paying to the furveyor the fum of four-
pence for and in lieu of every fuch day's duty or labour refpec
tively, at the time, and in the manner herein-after direded for
the payment of compofition-money.
JufVlces may . XXXIX. Provided always, and be it further enaded. That if
direfttheper- it (hall appear to the juftices, at their fpecial felTions, to be held
foj-mance of in the week next after Michaelmas quarter feflions, that from the
lab^ui ia^ '^'^ direaions herein>before given for the performing and corn-
kind in any pounding the ftatute-duty, there will be difficulty in procuring
particular pa- the necellary carriage, or a fufficient number of labourers for
^^^' ^^\ ^^^^ repair of the highways, in any particular parifl"), townlhip,
^.!Tr l^-"L ^^ place, within their refpeaive limits, without pavins; hiph and
gant prices extravagant prices for the fame, it {hall and may be lawful for
required. fuch juftices to order and dire6l the team-duty hereby required,

or fo much thereof as they ihall think fit, to be performed in
kind, within every fuch parifii, townlliip, or place, except in
refpedi: of fuch teams as belong to perfons who do not occupy
lands, tenements, woods, tithes, or hereditaments, of the annual
value of thirty pounds within the fame ; and alfo to order the
labourers, liable by this a6l to perform, or compound for ilatute-^
duty, or fuch part of them as they fliall think fit, to perform fix
days labour upon fuch highways in kind, in cafe fo many days
duty fivall be required, upon being paid for fuch labour the
ufual and cufiomary wages given to labourers in fuch parifn^
townfhip, or place, dedudling thereout the fum of four-pence
for each day's duty fo performed, being the compofition hereby
allowed for labourers : provided, that if part of fuch teams or
labourers only are required, it (liall be direded by the faid order
of the judices in fome given proportion, as one half, third, or
fourth, part thereof ; and the furveyor fhall, in that cafe, at a
publick vefiry for fuch parifii, townfhip, or place, put the names
of all the perfons liable by this a6t to fend fuch teams into one
hat or box, and the names of all the perfons liable to perform
fuch labour into another hat or box, and fome inhabitant then
prefent (hall draw out fuch number from each as ihall be equal
to the proportion fo ordered by the faid juftices, and the perions
fo drawn (h^U perform fuch duty in kind for that year ; and
that if any fuch order fhall be made or continued in the fubfe-
quent year, the fame method fliall be obferved, but the names
drawn in the preceding year (hall not be put into fuch hat or
box ; and in every fucceeding year fuch method and regulation
fhall be obferved by fuch furveyor, as to render the duty fo re-
quired to be performed in kind as equal amongfl the feveral
perfons liable thereto as may be : which order of the faid juftices,
(o far as the fame ihall be extended, ihall iuperfede the faid
pov^er or liberty of compounding, and Ihall be binding and
eifeciual, to all intents and purpofes whatfoever, and (hall con-
tinue in force until it (hall be diicharged or varied by the juftices
at fome fubfequeat fpecial feifions for' the highways within fuch

Jimit^

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1773-] A"^^ decimo tcrtio Georgii III. c. yS. 209

limit, to be held in the v/eek next after Michae/mas quarter
feffions ; any thing herein contai-ned to tlie contrary thereof in
any-wife notwithftanding.

XL. Provided always^ and be be it further enabled. That if Juftlces may
any perfon or perfons who (hall keep a team, draught, or mitigate the
plough, and (hall not occupy lands, tenements, woods, ^^^hes, ^^°^'^PJ^^^^^^^^
or hereditaments, to the value of thirty pounds per Qtmum^ in j^gj^tains his
the parifh, townfhip, or place, where he (hall refide, but (hall in team partly
part maintain his horfes and beads of draught ufed in fuch team from lands in
upon or from lands which he (liall occupy in one or more adja- ^^^^^^'^
cent parifh or parifhes, it (hall and may be lawful for the faid P^"
juftices, at fome fpecial feffions, to mitigate and reduce the duty
or compofition fo required to be performed or paid by fuch per-
fon or perfons, in fuch manner, and to fuch fum, as they (liall
think juft and reafonable.

XLf. Provided alfo, and be it further enac5ted, That the faid Surveyors to
furveyor of every pari(h, town(hip, or place, fnali, on fome R^-^^ "^^t'ce of
Sunday in November in every year, caufe ten d:iys notice at the LVe'forcom-
Jeaft to be given in the church or chapel of fuch pariih, town- pomiding.
fliip, or place, and if there be no church or chapel, or no fervice
performed therein, then at the rood publick place there, and
repeat the like notice in fuch church, chapel, or place, on the
next fucceeding Sundjy^ of the time and place when and where
the perfons, permitted under the authority of this a6l, and in-
clined to compound for the faid duty, in manner aforefaid, may
fignify to fuch furveyor their intention to compound; and all
and every perfon or perfons fignifying the fame, who fnall then,
sOr within the fpace of one calendar month afterwards, pay to
fuch furveyor the compofition authorifed and allowed by this
ac^, (hall be difcharged from the performance of fuch duty, How the com-
which compofition- money fhall be employed by the furveyor P'^iitioR-mo-
for the ufe of the highways ; and that no compofition d^iall be p^-^gj^l! ^^^
permitted, unlefs the fame fhall be paid at the day, or within pioyed.
the time aforefaid ; but in cafes where the occupation of any
lands, tenements, woods, tithes, or hereditaments, (hall be
changed, or any new occupant or inhabitant fhall come to refide
in fuch parifh, townfhip, or place, after the time appointed for
fuch compofition, then the perfon or perfons occupying fuch
lands, tenements, woods, tithes, or hereditaments, or fo refiding
in fuch parifh, townlhip, or place, (liall be allowed to compound
in manner aforefaid : provided he, Hie, or they, (hall pay the
faid compofition-money to the faid furveyor within fourteen
days after he, (lie, or they, fhall enter ¥p.on fuch lands, tene-
ments, or hereditaments, or fhall come to refide in fuch parifh,
townfhip, or place ; and every tenant or occupier of any lands,
tenements, woods, tithes, or hereditaments, who intends to
quit the poflTeflion thereof within fix calendar months from the
time fixed for making fuch compofition, fhall and may com-
pound for half the duty hereby required, and the fucceeding
tenant or occupier (hall and may, in that cafe, cofxipound or
perform the duty ia kind for the other half thereof; and if the

Vol. XXX. P fwr-

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^^^ Anno decimo tertio Georgii III. c. 78. [177^.

furvcyor flialJ receive from any perfon or perfons a compofition

for more duty than (hall be required from the other inhabitants

and occupiers within the fame pari rti, townfliip, or place, for

the fame year, he Ihall repay fuch extraordinary compofition-

money to fuch perfon or perfons, fo as to bring the duty to an

, equality amongft all fuch inhabitants and occupiers.

inTf ^'rau?ht -^^"' ^^^^^^^^ ^^^^Y^. ^^d be it further enaaed, That in

or plough, and ^^^^'Y P^^^^*^' townlhip, or place, where any perfon (hall keep a

no carriage, to draught or plough, and no carriage, he (hall pay to the furveyor

pay for the the fum of one (hilling for every horfe, or pair of oxen or neat

oxen dTawii^e ^'^"^^' ^^^^ ^^ ^"^^^ draught or plough, for every day's ftatute^

tiiem. ^"^y ^" ^^^^ ^^y ^"^^ duty is required to be performed, or pay

according to the rate aforefaid for the lands, tenements, woods,

tithes, and hereditaments, which he (hall occupy in fuch pari(h,

towndiip, or place^at the option of the furveyor.

ri?ay ^x^cer • ^LIII. Jfid, in order to prevent as much as pojjlble any inconve-

tain times " ^^^^^^^ ^? ''^^ perfons liable to perform Jlatute-diity, be it enaded,

when the fta. That it ihall and may be lawful tor the inhabitants of every

t

ute-duty (hall pari(h, lown(hip or place, at fome veftry, or other publick meet^
Toah^^^^^^^ Jng or meetings to be held purfuant to this ad, to appoint three
months in every year, within which no ftatute-duty (hall be
performed ; videlicet^ one month in the fpring, to be called The
Seed month ^i one month in the fummer, for the hay harvefl:;
and one other month in the fummer, for the corn harveft: pro-
vided, that notice, in writing, be given of the times io appoint-
ed to the furveyor of fuch parifh, townfhip, or place refpedively,
and alfo to the furveyor of every turnpike road lying within the
jame, within three days after every fuch meeting, and fourteen
days at leaft before the beginning of each of fuch months.
Where tlie XLIV. And whereas^ by fever al a5fs of parliament concerning

ceives compo- ^^^^^^P^^^ roads^ a certain part of the duty called Statute-duty is or
iition-money ^{'^^ ^^ dircj^ed to be performed on fuch roads^ and it may happen in
due to the jome places^ that the fever al perfons liable thereto may have compound-
turnpike ed for the fame -^ be it therefore further enaded. That in all fuch

pt^^i^t to^he^^^ ^^^^^' ^^^^ furveyor of the highways of the pari(h, townfhip, or
treafure^ ^ place, where fuch compofition (hall have been made, (hall pay
to the treafurer or furveyor of fuch turnpike roads a certain part
of the compofition- money fo received, to be proportioned accord-
ing to the number of days duty which fuch perfon or perfons
was or were liabk to perform on fuch turnpike road; which
to belaid out money (hall be lai3 out and expended on fuch part of the faid
for the uie o[ turnpike road as lies within the parifli, townfhip, or place, from
road"whhin^ which it was received, and not elfewhere; and if fuch furveyor
>thc pari/h,&c. of the highways (hall refufe or negledl to pay to the treafurer or
where it is furveyor of fuch turnpike road fuch part of the faid compofition-
foiiefied. money To received by him, within twenty days after he (liatl have
received the fame, upon demand made by fuch treafurer or fur-
veyor, the fame (hall and may be levied upon the goods and
chattels of fuch furveyor, in fuch manner as penalties' and for-
feitures are by this a6t authorifed to be levied.
If the duty XLV. And be it further enaded. That if upon application

and the money Qjf*

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^773-] A^nt) decimo tertio Georgii III. c. 78, 211

of the furveyor of the highways for any parilh, townfhlp, or before autho-
place, to the juftiees of the peace for the limit wherein fuch ^li^ed to be
parKh, townfhip, or place, Heth^ at their general or quarter ^g^^^]^^j^'^J^°^
feffioris of the peace, or at fome fpecial feflions for the highways, the juftices '
the faid juftices (hall be fully fatisfied, by proof upon oath, that rr^ay order an
the duty hereby diredled to be performed, and the money hereby a^^ff'^ent.
authorifed to be colledledand receivedj has been performed, ap-
plied^ and expended, according to the directions of this ac5l, or
(hall be fully fatisfied that the common highways, bridges,
caufeways, ftreets, or pavements, belonging to fuch parifh, town-
fhip, or place, are fo far out of order that they cannot be fufficiently
amended and repaired, paved, cleanfed, and fupported, by the
means herein-before prefcribed, (notice being firft given of fuch
intended application at the church or chapel of fuch pari(h> town-
fhip^ or place, on fome Sunday preceding fuch quarter or fpecial
fefTions, or if^e'place be extraparochial, notice, in writing, being
firft given of fuch intended application to fome of the principal in-
habitants refiding in fuch extraparochial place, a week at leaft be-
fore fuch general or fpecial fefiions) ; that then, and in any of the
faid cafes, an equal afleffment upon all and every the occupier of
lands, tenements, woods, tithes, and hereditaments, within any
fuch parifti, townfliip, or place, (hall or may be made and colled-
ed by fuch perfon and perfons, and allowed in fuch manner, as
the faid juftices, by their order, at fuch general or fpecial feflions,
fhall dired and appoint in that behalf; and the money thereby
raifed lliall be employed and accounted for, according to the
orders and directions of the faid juftices, for and towards the
amending, repairing, paving, cleanfing, and fupporting, fuch
highways, caufeways, ftreets, pavements, and bridges, from
time to time, as need (hall requirev

XLVL Provided neverthelefs, That the afielfment herein laft But fuch aC
before authorifed, and the a(re(rment herein before authorifed, ftirment, v^ith
for buying materials, making fatisfadion for damages, erecting ^^^^ p^l^er, for
guide-pofts, and paying the furveyors falary, (liall not together, riau"!™^^^'
in any one year, exceed the rate of nine- pence in the pound of to exceed Jd.
the yearly value of the lands, tenements, woods, tithes, and mthepoundia
hereditaments, fo to be a(refled. any one year.

XLVII. And be it further enacted. That no fine, ifrue, pe- pj^^g penaU
nalty, or forfeiture, for not repairing the highways, or not ap- ties, and for-
pearing to apy indictment or prefentment for not repairing the feitures, how
iame, (hall hereafter be returned into the court of exchequer, or ^^ ^^ '^-^.^^
other court, but (hall be levied by and paid into the hands of ^''^ apph«<3,
fuch perfon or perfons refiding in or near the pariOi, toA'nfl'iip
or place, where the road fhall lie, as the court impofing fuch
fines, ifllies, penalties, or forfeitures, (hall order and direct, to
be applied towards the repair and amendment of fuch highways ;
and the perfon or perfons fo ordered to receive fuch fine ^hall,
and is hereby required to receive, apply, and account for the
fame, according to the diredtion of fuch court, or in defauU
thereof ftiali forfeit double the fum received; and if any fine,
iffue, i>€nalty, or forfeiture, to be impofed on any fuch pariih,

P % town-

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212 Anno decimo tcrtio Georgii III. c.jS, [1773-

town(hip5 or place, for not repairing the highways, or not ap-
pearing as aforefaid, (hall hereafter be levied on any one or more
of the inhabitants of fuch parifli, townlhip, or place, that then
fuch inhabitant or inhabitants (hall and may make his or their
complaint to the juftices of the peace, at their fpecial feffions ;
and the faid juftices are hereby impowered and authorifed, by
•warrant under their hands and feals, to caufe a rate to be made,
according to the form and manner herein-laft before prefcribed,
for the reimburfing fuch inhabitant or inhabitants the monies
fo levied on him or them as aforefaid ; which rate fo made, and
confirmed by any two juftices ; (liall be colleded and levied by
the furveyor of the highways of fuch pari fli, townfhip, or place,
' fo prefented or indided, as aforefaid ; and the faid furveyor
fhalJ, within one month next after the making and confirming
the rate aforefaid, collet, levy, and pay unto fuch inhabitant
or inhabitants the money fo levied on him or them as a-
forefaid.

XLVUI. And be it further enabled, That the furveyor of the

oA dutyTto highways for every parilh, townlhip, or place, (hall carefully

keep books, and diligently collet, or caufe to be colkaed, the feveral aiTeff-

and enter the ments, "forfeitures, penalties, fums of money, and compofi-

accountsot tions, direded and allowed to be received and taken within the

aLdTe'reL^ed ^^^^ by virtue of this ad, within the year for which he is ap-

' pointed furveyor, and fliall keep one or more book or books, m

which he (hall faidy enter a juft, true, and fair account of all

fuch money as (hall have come to his hands, or to the hands of

the faid aftiftant, in refped of fuch parifli, town(hip, or place,

by virtue and for the purpofes of this a61:, and to whom, and

on what occafion, he' (hall have paid or applied the fame; and

and alfo of all (hall alfo enter in fuch book or books a lift or lifts of all fuch

money re- fums of money as (hall then remain due and owmg from any

mamingduej perfon or perfons^ in refpe6l of the payments, compofitions, af-

feftments, penalties, or forfeitures, to be coile(5ted, received, or

taken, for and in refped of the faid highways, by virtue of this

ac5t ; and the faid furveyor (hall alfo enter in the faid book or

books an account of all tools, materials, implements, and other

r^ifoof all things provided, or to be provided, by order of the inhabi-

tools, mate, tants, at a veftry or other publick meetmg for the repair of the

rials, &c. faid highways, at the publick expence of fuch panfti, town-

andfhallpro fhiPi or place ; and (hall produce fuch books, and the afTefT-.

ducehis ac- ments made within that year for the purpofes of this a6l, unto

counts at a the inhabitants of the parifti, townftiip, or place, to which they

veftry meet- ]3eiono-, at a veftry or other publick meeting to be held for that

^"^* purpote, within fifteen days before the faid fpecial feffions fo

to be held in the week next ^fi^r Michaelmas quarter feffions, as

aforefaid, to the intent that the faid accounts, afleffments, and

lifts, may be infpecled by the inhabitants of fuch parilh, town-

and after- fhip', or place refpedively; and every fuch furveyor (hall, after

wards before ^be faid books and aiTefTments fhall have been produced at fuch

a juitice of j^eeting, take the fame to fuch juftice of the peace for the limit

m^v'-lnow wherein fuch pari(h, town(bip, or place, doth He, and on fuch

thcmi ^ ^^'

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I773-] Anno decimo terdo Georgii III. c. yS. ii$

day, and at fuch hour, as fliall be agreed upon at fuch meeting,
fome day after the faid meeting of the inhabitants, and before
fuch laft-mentioned fpecial feflions, and then and there verify
fuch account, or any part thereof, upon oath, if required ; and
fuch juftice may allow fuch account, if he finds it juft, or pofl-
pone it until fuch fpecial feffions, if he finds caufe for fo doibg, or they may
in which cafe it may be fettled and allowed at fuch fpecial M- ^^ further ex-
fions, after the parts objedled to by fuch juftice fliall have been ^[{^'"^ j ^^^
explained and verified by proper evidence, to the latistaetion oi ^[^^i^^^,^^
the judices at fuch fpecial feffions; and in cafe any articles con- the Tpecia/
tained in fuch accounts fliall not be explained and proved to the^e^onso - -^

fatisfadion of fuch jufl:ices, they may difallow the fame; and -^ '^''^ ^"f^^ — -
whenever the faid accounts fliall be fo fettled and allowed, ot h*^'^^ S^f^- ^C-
difallowed, as aforefaid, all fuch books and afleflliients fliall be ^fo .

tranfmitted to the churchwarden or overfeer of the poor
for fuch parifli, townfliip, or place refpedively, or, if the place
be extraparochial, then to fome principal inhabitant thereof, to
be kept for the ufe of fuch parifli, townfliip, or place; and the
faid furveyor fhall forthwith deliver a duplicate of fuch book
and account, together with all fums of money as fliall remain g^^^^
in his hands, and likewife all tools, materials, implements, and rials, tools
other things, as aforefaid, to the fucceeding furveyor for fuch&c. to be de-
parifh, townfliip, or place, in cafe any new furveyor fliall be|!^'^''^^ F^ ^'^^
appointed, or retain the fame in his hands, and account ^^"^ ^^^^^^
them in his next account, if he fliall be continued furveyor for
fuch parifli, townfliip, or place, in the fucceeding year ; and
it fliall and may be lawful for the fucceeding furveyor, and he f^^^^ ^yj,^^
is hereby authorifed and required, to recover, colledl, and receive authorifed to
all fuch fums of money which fliall be due and owing as afore- colleft the ar-
faid, by all fuch ways and means, as fully and efFedually, to ^^^^^j *^c.
all intents and purpofes, as the preceding furveyor could, might,
or ought to have recovered, colle6led, or received the fame : and
in cafe fuch furveyor fliall neglect to provide fuch book or books, ^he furvevo
or to enter fuch refpedive accounts and lifts therein, or to de- liable to for«
liver the faid book or books, and fuch duplicate thereof, and feitures for
fuch afl^effments, tools, materials, implements, and other things, "^S^^<^^ ^f
in manner aforefaid, he fliall, for every fuch offence, forfeit any ^ ^*
fum not exceeding ^sjq, pounds, nor lefs than forty fliillings ;
and in cafe he fliall make default in the paying or accounting for
the money fo remaining in his hands, within the time, and ac-
cording to the dire6tions aforefaid, he fliall forfeit double the
value of the money v/hich fliall be adjudged by the faid juftices
to be in his hands; and in cafe any fuch furveyor fliall die be- If furveyor
fore fuch refpedive accounts and lifts fliall be made out, or ^^^^» ^^^ ^^e-
fuch monies, books, afTefTments, tools, materials, and impIe-Q^^^I?^^* *^'
ments, fliall be fo delivered and paid, the executors or ad mini- in the fame
ftrators of fuch furveyor fliall make out, pay, and deliver the manner,
fame, in like manner, and under the like penalty, as fuch fur-
veyor is hereby required and made fubjedt and liable to ; and
every furveyor fliall pay to the juftices clerks, for the appoint-
ment and charge, the fum of one ftiilling ; for the bond fix-

p 3 pence;

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214 Anno decimp lertiQ Georgii III. C.78. [iy73^

Fees to be paid pence; and for the account fo to be examined and taken, and
cterkl^'' for the oath fo to be adminiftered, the fum of one (hilling, and

no more ; and if any perfon or perfons fliall receive any greater
fum or fee for the bufmefs aforefaid than herein-before mention-
ed, he (hall forfeit the fum of ten pounds for every offence.
Surveyor-may XLIX. And be it further enaded, That in every parifh,

contraa: for townfhip, or place, where a fufficient quantity of ftone, era-
getting: and i « n , • i i < i i i ^- i

carryin^T ^na- ^^ ' chalk, or Other materials, cannot be provided and carried

tenals.\t a hy the labourers and teams required by this a6l to perform fta-

publick meet- tute-duty within fuch parilh, townftiip, or place, the faid fur-

^S* veyor fliall, and is hereby required to contrad for the getting

and carrying thereof, (in the prefence of the faid alTiftant, if

any fuch fhall be appointed), at a meeting to be held for that

purpofe, of which ten days notice in writing ihall be given, by ^

fixing the fame upon the door of the church or chapel of fuch

parifh, townlhip, or place, or if there be no church or chapel,

at the moft publick place there ; v>/hich notice flnall fpecify the

work to be done, and the time and place for letting thereof;

Iftfiefurveyor and if any furveyor (hall have any part, ihare, or intereft, diredly

has a ftiare in qj. indiredlly, in any fuch contrad or in any other contrad or bar-

ai y coi ra , ^^.^ ^^^. work or materials to be made, done, or provided, upon,

or fliall let to for, on account of any of the highways, roads, bridges, or other

hive any team, vvorks whatfoever, under his cafe or management, or (hall, upon

pore'cf any ' ^^^ ^^^ account, direilly or indiredlly, let to hire any team, or

timber, ftones, fell or difpofe of any timber, flone, or other materials, to be

&c. without ufed or employed in making or repairing fuch roads, bridges,

licence from a Q J- Qther works, as aforefaid, (unlefs a licence in writing, for

place, he diall ^^^ ^^'^ ^^' ^"Y ^"^'^ materials, or to let to hire any fuch team,

forfeit 10 1. be firft: obtained from fome juftice of the peace within that limit),

and beinijap- he fhall forfeit for every fuch offence, the fum often pounds,

able of being ^^^ ^^ f^^ ^y^j. ^f^^^ incapable of bein^ employed as a furveyor

lorveyor witti • i_ r i j j .l -. c ?- ri.

a jalary. vjith a falary, under the authority of this act.

c.-.r^.,^^ f.^ L' And be it further enaded. That if any furveyor of the

Surveyor, tor , . , , r i • r , r - t m n n 1 r>

every negUa highways, alter his acceptance or the laid oflnce, mail neglect
of doty, (liail his duty in any thing required of him by this a61, for which no
forfeit 5 1. particular penalty is impofed, he fhall forfeit, for every fuch
when no par- Qffgj^ce, any fum not exceeding five pounds, nor lefs than tea
is impofed. fl^jiHings, at the difcretipn of the juftic^ or juftices having ju^

rifdicflion therein.

Perfons en- ^^' ^"^ ^^ ^^ further enadled, That where any lands have

feofFed with been, or fhall be given, for the maintenance of caufeways,

Jands for the pavements, highways, and bridges, all fuch perfons wlio are, or*

maintenance fl^^jj j^g enfeoffed or trufted with any fuch lands, fhall let therri

hic^^h "avl^and ^^ ^^^^ ^^ ^^^^ ^^^ improved yearly value, without fine ; and

brTdges, fhalJ that the juftices of the peace, in their open feffions, (hall and

Jet them to may inquire, by fuch ways and means as they fliall think fit-

i arm at the j-jj^g^ \^[q I-1ic value of all fuch lands fo given, or to be given,

molt improv- ^^^ order the innprovement and employment of the rents and

profits thereof according to the will and diredion of the donor

of fuch lands, if they find that the perfons fo intrufled hav^

been negligent or faulty in the performance or truft, (except;

- ■■' . ■' ■-■',■-■ ^' - f^ich

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1 773.] Anno decimo tertlo Georgii III. c. 78. 2 15

fuch lands have been given for the ufes aforefaid to any college
or hall in either of the univerfities of this kingdom, which have
vifitors of their own); any law, ftatute, ufage, or cuftom, to
the contrary notwithftanding.

LII. And whereas in fome places it hath been and may be found Penalty on
necejfary^ and the furveyors ars hereby authorifed and required^ io perfons da^
fecure horfe caufeways and foot caufeways^ by pofts^ blocks^ or great raagj^S"
fones^ fixed in the ground^ or by banh of earth cafl up, or other- ^ayg^dim;-^'
wife J from being broken up and fp oiled with waggons, zvaim, carts, tion pofts,
or carriages ; and for af much as fever al evil-difpofed perfons do or may mile (tones,
wilfully or wantonly pull up, cut down, and remove or damage the battlements of
faid pofls, blocks, and great f ones, fo fixed, or to be fixed, as afore- ^^^^^^^-^ ^^*
faid, dnd drive carriages upon fuch banks afid caufevuays, or againfi
the fides thereof, andalfo dig or caft down the faid banks, which an
the fecurities and defence of the faid caufeways, whereby the caufe-
ways or banks are often ruined and deflroyed ; and fuch evil-difpofed
perfons do or may break, damage, or throw down the f ones, bricks, or
wood, fixed upon the parapets or battlements of bridges, and do or may
pull down, deftroy, obliterate, or deface, any mile Ji one, or pojl gradu^
ated, or direiiion pojl or fione, ere5led or to he ere5led upon a?iy high^
way : for prevention thereof, be it enadled. That every perfoii
who (hall be guilty of any fuch offence, fhall, upon complaint
thereof made to anyjuftice of the peace of the limit where the
fame-fhall be proved to be done, by the oath of any one credible
witnefs, or upon view ofthejuftice himfelf, forfeit for every of the
faid offences any fum not exceeding five pounds, nor lefs than tea
ftiillings ; and in default of payment thereof, fliall be committed
to the houfe of corredion of fuch limit, there to be whipped,
and kept to hard labour for any time not exceeding one calen-
dar month, nor lefs than feven days, at the difcretion of fuch
juftice.

LIIL And be it further enaded. That the juftices of the Juftices of cL
peace of all cities, corporations, boroughs, and other places, *'^s>^'<^-.*^o put
are hereby required to put in execution every part of this g^c^ *^^^ ^*^ '»^to
within their refpe6l:ivejurifdi6lIons,

LIV. Provided always, and be it further enabled. That no-- Juftices of ci-
thing in this zSt contained fhall authorife or impower, or be *^^^ '^^ ^°"
deemed, confl:rued, or taken to authorife and impower, any ^How n ^*^ ^^
juftice or juftices of the peace, for any city, town corporate, or to furveyors,
borough, to fix or allow any falary to or for any furveyor tq be
appointed by any fuch jun:ice or juftices, other than arid except
fuch falary as (hall be fettled arid agreed upon by two parts .out except fuch as
of three of the perfons atrembled in the pari(h, townfhip, or ^»a!l be agreed
place, within fuch city, town corporate, or borpugh, for which "^.*^"'^^^^r*^.
fuch furveyor Ihall be appointed, purfuant to the directions of houfeholdersl^
this a6l.

LV. Jnd whereas the highivays not being turnpike roads, are Limitation of
much prejudiced by the narrownefs of the wheels of the fever al carri- the number of
ages travelling thereon, and by the exceffwe burthens 'haded in fuch ^orfes for the
carriages-, be it enadled. That no waggon, having the fole or ^^^f^^^^^"
l5QttQq:i of the fellies of the wheels of the breadth of nine inches, different ^

? 4 Ihall wheeis.

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2i6 Anno decimo tertio Georgii III. C.78. [1773.'

fliall go or be drawn with more than eight horfes ; and that no
cart, having the fole or bottom of the fellies of the wheels
thereof of the breadth of nine inches, fhall go or be drawn with
more than five horfes ; and that no waggon, having the (oh or
bottom of the fellies of the wheels of the breadth of fix inches,
and rolling on each fide a furface of nine inches, Ihall go or
be drawn with more than feven horfes ; and that no fuch wag-
gon rolling a furface of fix inches only, fiiall go or be drawn with
more than fix horfes; and that no cart, having the fole or bot-
tom of the fellies of the wheels of the breadth of fix inches, fhall
go or be drawn with more than four horfes ; and that no wag-
gon having the fole or bottom of the fellies of the wheels of lefs
breadth than {\x inches, (hall go or be drawn with more than
five horfes ; and that no cart having the fole or bottom of the
feUks of the wheels of lefs breadth than fix inches, (hall go or
The owner j^^ drawn with more than three horfes upon fuch hio-jiwavs, un-
ofrending tor- j ^, . , . , ,- r ■ t - r ^ ^' .

feits cl. and ^^^ ^^'^^ pains, penalties, and torreitures herein-atter mentioned;
thedriverios. (that is to fay), that the owner of fuch waggon or cart refpec-
for every tively (hall forfeit the fum of five pounds, and the driver not
borfe above being the owner, the fum of ten (hillings, for every horfe or
allowed. beafi: which fiiall be fo drawing above the number hereby fo

. refpcdlively limited as aforefaid, to the fole ufe and benefit of the

^oHers^not informer; but carriages moving upon wheels or rollers, of the
reftrained in t)readth of fixteen inches on each {\de thereof, with fiat furfaces,
the number of are hereby allowed to be drawn with any number of horfes, or
hor/es. other cattle.

Profecutions LVI. Provided always, and be it enadicd. That no profe-
for fuch addi- cution fhall be commenced before a jufiice of peace^ by way of
tionalnunnber information, for any forfeiture incurred by the owner or driver
and^n^whar^ ^^ ^"^ carriage, having a greater number of horfes therein than
manner to be ^^^ allowed by this a6f, unlefs fuch information be laid within
carried on. three days after the offence committed ; and thnt no a(^>ion fhall
be commenced for any fuch offence, unlefs the fame be com-
menced within one calendar month after the offence committed •
and that neither fuch information or adiion (hall be laid or com-
menced, unlefs notice fliall be given by the informer to the
driver of every fuch carriage, on the day upon which the of-
fence fhall be comixiitted, of an intention to comi;'lain of fuch
offence; and if it (hall appear to the jufl:ice before whom fuch
complaint fliall be made, that the offender lives fo remote as to
makeit inconvenientto fummon him to appear before fuch jufiice,
the juftice may difmifs the complaint, and leave the informer to
his remedy by action at law.
Jvjiljces of ^ LVII. Provided always, and be it further ena^fed, That it
eace, at their (liaH and may be lawful for the jufiices of the peace, at their re-
licbadma* fpedive general quarter fefilons of the peace, to be held in the
lions may fi- week after Michaelmas^ to licence, in fuch manner, and for fuch
cencean in- time, as they fliall think fit, an increafe of the number of horfes
create of the to be drawn in carriages up any fieep hill, or on any road not

^' '^ turnpike, within their refpedive jurifdicflions, over and above the

number herein- before limited^ if^ upon inquiry into the ftate and

con-

I

iiurs'.ber ot
horfts*

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1773-] Anno dccimo terdo Georgii III. c. 78. 21/

condition of fuch roads, they (hall find any additional number of
hor/es neceffary ; and, from time to time, at -^xvj Michaelmas
quarter feffions, to revoke, alter, or vary the fame, as they (hall
think: fit.

LVIII. Provided always, and be it further enaded, That if it Juftices may
fhall appear upon the oaths of credible vvitnefles, to the fatis- fA^g^o^fof '
faaion of any jufiice or juftices of the peace, or of any court oi ^^^^^^-^^^^^
juftice authorized to enforce the execution of this ad, that any fpeaofaddi-
wao;o;on, cart, or carriage, could not, by reafon of deep fnow or tional horfes,
ice,^be drawn by the number of horfes or beafts of draught hereby wben^fromice
refpedively allowed ; then, and in every fuch cafe, it (hall and Jhey^tv^ere^ne'-
may be lawful for fuch juftice or juftices of the peace, or court cefTary,
refpedively, and they are hereby refpecflively required, to flop all
proceedings before them refpe6tively for the recovery of any pe-
nalty or forfeiture which may have been incurred by drawing
with a greater number of horfes, or beafts of draught, than are
hereby allowed ; any thing herein contained to the contrary nor-
withftanding: provided alfo, That the regulations herein- before Carriages ex^
mentioned, concerning the number of horfes, and wheels of car- cepied out of
riages, (hall not be deemed or conftrued to extend to carts, wag-^ ^^ * *'
gons, or other carriages, employed only in carrying any one
ftone, block of marble, cable rope, or piece of metal, or piece of
timber, or to fuch ammunition or artillery, as fhall be for his
Majefty's fervice; and that two oxen or horned cattle (hall, for ^^^^ °??" ^^
all the purpofes of this ad, be confidered as one horfe. L^one horfe.

LIX. And. for the better difcovery of offenders ac^ainft this ^,
c o A • c\ \ '-^\ ^ .\ c The owner s

prefent a^, be it enaded. That the owner of every waggon, ^^^^^ ^^ t^

wain, or cart, and alfo of every coach, poft chaife, or other carriage be painted oa

let to hire, (hall paint, or caufe to be painted, upon fome confpi- all waggons, ^

cuous part of his waggon, wain, or cart, and upon the pannels ^"^ ^^^'^^» ^"^

of the doors of all fuch coaches, poft chaifes, or other carriages, esr,Volt*^chanI

before the fame fliall be ufed upon any publick highway, his or es! &c. let to

her chriftian and furname, and the place of his or her abode, in hire.

large legible letters, and continue the fame thereupon fo long as

fuch waggon, cart, coach, poft chaife, or other carriage (hall be

ufed upon any fuch highway; and the owner of every common

ftage waggon or cart, employed as travelling ftages from town to

town, (hall, over and above his or her chriftian and furname,

paint, or caufe to be painted, on the part, and in the manner

aforefaid, the following words. Common Stage IVaggon^ or Cart^

as the cafe may be -, and every perfon uGng any fuch carriage as

aforefaid upon any highway, without the names and defcriptions

painted thereon refpe6lively as aforefaid, or who fhall paint, or

caufe to be painted, any falle or fidlitious name or place of abode,

on fuch waggon, wain, cart, coach, poft chaile, or other carriage,

(liall forfeit, for every fuch offence, a fum not exceeding five

pounds, nor lefs than twenty (hillings.

LX. And whereas many had accidents happen^ and great nnfchiefs f^nVers of
ore frequently done upon thejlreets and highways^ by the fiegJigence or ^^7'^?f^P"'
wilful mijbehaviour of perfo?is driving carriages thereon \ be it there- mifbehavioiir
fore further enacted, That if the driver of anycart, car, dray, or or negligence

wag-
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^^^ Anno decimo tertio Georgii III. c. 78. [1773;

in order to Waggon, (liall ride upon any fuch carrlag-e in any ftreet or hiah
prevent acci. way not having Tome other perfon on foot, or on horfeLkr t^
guide the fame, (fuch carriages as are conduded by fome perfon
holding the rein^ of the horfe or horfes drawing the fame ex-
cepted) ; or if the driver of any carriage whatfoever on any part
ot any ftreet or highway fhall, by negligence, orwih'ul mifbeha-
viour, caufe any hurt or damage to any perfon or carriage pafllno-
or being upon fuch ftreet or highway, or fhall quit the highways
and go on the other fide the hedge or fence inclofing the fame,'
or wilfully be at fuch diftance from fuch carria2;e, whilft it (hall
be paffing upon fuch highway, that he cannot have thediredion
and government of the horfes or cattle drawing the fame ; or (hall,
by negligence or wilful milbehaviour, prevent, hinder,'or inter-
rupt the free paffage of any other carriage, or of his Majefty's
iubjeas, on the faid highways ; or if the driver of any empty or
unloaded waggon, cart, or other carriage, ihall refufe or neglecT:
to turn afide and make way for any coach, chariot, chaife, loaded
waggon, cart, or other loaded carriage; or if any perfon fhal}
drive, or ad as the driver, of any fuch coach, poll chaife, or other
carriage, let for hire, or waggon, wain, or cart, not having the
owner's name, as before required, painted thereon, or (liall refufe
to difcover the true chriflian and furname of the owner of fuch
refpedlive carriages; every fuch driver fo offending in any of the
cafes aforefaid, and being convided of any fuch offence, either
by his own confeHlon, the view of a juftice of peace, or by the
oath of one or more credible witnefs or witnefles, before any ju-
liice of the peace of the limit where fuch offence {hall be com-
mitted, (hall, for every fuch offence, forfeit any fum not exceed-
ing ten fhijlings, in cafe fuch driver fliall not be the owner of fuch
carriage ; and in cafe the offender be owner of fuch carriage, then
any fum not exceeding twenty (hillings : and in either of the faid
cafes, fhall, in default of payment, be committed to the houfe of
corre6llon, for any time not exceeding one month, unlefs the
fame (hall be fooner paid ; and every fuch driver offending in
either of the faid cafes, (hall and may, by authority of this a6l,
with or without any warrant, be apprehended by any perfon or
perfons who Qiall fee fuch offence committed, and (liall be im-
mediately conveyed or delivered to aconftable or other peace of-
ficer, in order to be conveyed before fome juihce of the peace, to
be dealt with according to law: and if any fuch driver, in any
of the cafes aforefaid, (hall refufe to difcover his name, it (hall
and may be lawful for the juftice of the peace before whom he
fliall be taken, or to whom any fuch complaint fhail be made, to
commit him to the houfe of corredion for any time not exceed-
ing three months, or to proceed againft him for the penalty
aforefaid, by a defcription of his perfon and the offence, and ex-
preffing in fuch proceedings that he refufed to difcover his name,
ffitnd"'ad'. LXL And be it further enacted, That it Ihall and may be
journ fpecial lawful tor any two or more julhces of the peace within their re-
leifions when- fpedive limits, and they are hereby impowered, from time to
'—they tlme^ whenever they (hail judge proper^ to hold any fpecial ^qC

4 fio^Sj^

ever
tiiink fit,'

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1 773-1 Anno decimotertio Georgii III. c.78. 219

fions, befides that which is herein-before direc^led, for executing

the purpofes of this a6t; and to adjourn the fame from time to

time, as they fhall think fit, cauiing notice to be given of the upon giving

time and place of holding fuch fpecial feffions, and of the adjourn- odie^r^uftl^el

menrs thereof, to the feveral juftices acting and refiding within^ ^^^^^

fuch limits, by the high conftable, or other proper officer within

the fame.

LXII. And, for preventing obftrudions, which frequently In order to
happen by flopping of carriages on or near publiclc bridges, be it prevent ob-
further enaded. That if any perfon or perfons collecting any tolls J^i^^'^^f^^^ ^c.
payable for pafling over any publick bridge with carriages or cat- not fuffered to
tie of any kind, Ihall keep any vidualling-houfe, alehoufe, or be kept on
Other place of publick entertainment, or (hall fell, or permit to t?ridges where
Ipe fold therein, any wine, beer, ale, cyder, fpirituous liquors, or toii« are taken,
other ilrong liquors, by retail, he, (he, or they, being lawfully
convidted of fuch offence, by the oath of one or more credible
witnefs or witnefTes, or by his own confeffion, before any juflice
of the peace of the limit wherein fuch offence fhall be committed,
(hall, for every fuch offence, forfeit the fum of five pounds.

LXIII. Jnd whereas inconveniencies have arifen from making fendMy foe
hedges or other fences :, md from ploughing or breaking up^ the foil ^/^^^^^^^^^^^
lands or grounds near the middle or centre of highways : tor remedy ^ ^^^
thereof, be it ena6ted. That if any perfon fhall incroach, by
making, or caufmg to be made, any hedge, ditch, or other fence,
on any highway, not being turnpike road, within the diflance of
fifteen feet from the middle or centre thereof, or (hall plough,
harrow, or break up the foil of any land or ground, or in plough -
ing or harrowing the adjacent lands, fhall turn his plough in or
upon any land or ground within the diflance of (ifteen feet from
the middle or centre of any highway, where the breadth of fuch
highway is formed and marked, ordefcribed with certainty, and
does not exceed in breadth thirty feet, every perfon fo ofFencJing
fliall forfeit, for every fuch offence, forty fhillings, to fuch perfon
who Ihall make information of the fame ; and it fhall be lawful Incroacbment
for the furveyor who hath the care of any fuch road to caufe fuch ^^ be taken
hedge, ditch, or fence, to be taken down, or filled up, at the ex- f^^^" ^'^.^ ^
pence of the perfon or perfons to whom the fame fhall belong :
?Qd it fhall and may be lawful for any one or more juflice or
jullices of the peace of the limit where fuch offence fhall be com-
mitted, upon proof to him or them made uf>on oath, to levy as
well the expences of taking down fuch hedges as aforefaid, as the
feveral and refpedive penalties hereby impofed, by diftrefs and
fale of the offender's goods and chattels, in fuch manner as di-
ftredes and fales for forfeitures are authorifed and directed to be
levied by virtue of this a6t.

LXIV. And be it further enaded. That it fhall and may be Court may
lawful for the court before whom any indictment or prefentment award cods to
Ihall be tiied for not repairing; highways, to award colls to the the proiecutor
■ - ^ I 111 r r r • J- -1. J or dtkndant

prolecutor, to be paid by the perfon or perions fo indicted or pre- ^p^^ ^^ -^^^
fented, if it fhall appear to the faid court that the defence made diamtnt or
to fuch indidment or prefentment was frivolous •, or to award preientmeat*

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220 Anno decimo terdo Georgii III. c. 78. [1773.

cofts to the perfon indided or prefented, to be paid by the pro-
fecutor, if it Ihall appear to the faid court that fuch profecution
was vexatious.
Expences for LX V. And be it further enacted, That the inhabitants of any
carrying on or parifh, townfhip, or place, (hall agree, at a veftry or publick
defending meeting, to profecute any perfon by indidlment for not repairing
agre^d^u^^^^ any highway within fuch parifh, townfhip, or place, which they
at a veftry apprehend fuch perfon was obliged by law to repair, or for corn-
meeting, how mitting any nuifance upon any highways, or Ihall agree at fuch
to be paid* veftry meeting to defend any indi6lment or prefentment preferred
againft any fuch pari(h, townfhip, or place, it (hall and may be
lawful for the furveyorof fuch parifh, townfhip, or place, to charge
in his account the reafonable expences incurred in carrying on or
defending fuch refpedive profecutions, after the fame (hall have
been agreed to by fuch inhabitants at a veftry or publick meeting,
or allowed by a juftice of the peace within the limit where* fuch
highway (hall be; which expences, when fo agreed to, or allowed,
Ihall be paid by fuch pari(h, townfhip, or place, out of the fines,
forfeitures, compofuions, payments, and aifeffments, authorifed
to be colleded and raifed by virtue of this a6t.
The notice LXVI. And be it further enaded, That in all cafes where a

required for veftry or publick. meeting of the inhabitants of any parifh, town-
holding veft- ^jp^ Qj. pjace, is authorifed or direded by this ad, there fliall be
Hck meetings. Publick notice given of the day, hour, and place, of holding the
faid meeting, at the church or chapel of fuch pan(h, townihip,
or place, on the 5//«^^j^ next preceding fuch meeting, and alfo
notice thereof in writing, fpecifying the purpofe of fuch meeting,
fixed at the fame time upon the door of fuch church or chapel,
and the fame (hall not be held till three days at leaft after fuch
notice criven; and if there be no church or chapel, the like no-
tice of fuch meeting (hall be given in writing, and put up at the
moft publick place therein, three days at leaft before fuch meeting,
SumsafTefled LXVIL And be it further enacted, That if any perfon (hail
may be levied refufe or negled to pay the fum or fums a(refled upon him, by
bydiftrefsand ^^y aiTeiTment to be made in purfuance of this a6f, within ten
fale of the of- ^ after demand thereof made, the fame (hall and may be levied
tender s goods. ^^ the furveyor, or any other perfon or perfons authorifed, by
warrant under the hand and feal of one juftice of the peace, having
jurifdidion therein, bydiftrefs and fale of the goods and chattels
of the perfon fo refufmg or negleding, rendering the overplus to
the owner or owners thereof, the neceffary charges of making
fuch diftrefs and fale being firft deducted ; and in default of fuch
diftrefs, it fliall be lawful for any fuch juftice to commit
the per'lbn fo refufmg or negieding to the common gaol, there
to remain until he fliall have paid the fum fo a(re(red, and the
cofts and charges occafioned by fuch negled or refufal.

LXVIII And be it further ena6ted. That the furveyor of any

brJcompe^^ent parifli, townfliip, or place, fliall be deemed, in all cafes, a com-

wiincis. petent witnefs, in all matters relative to the execution ot this a(^t,

notwithftanding his falary may arife in part from the forfeitures

and penalties hereby infiiaed.

^ LXIX. And

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1773*] A""^ declmo tertio Georgii III. c. 78. 221

LXIX. And be it further enaded. That the forms of pro- Concerning
ceedings relative to the feveral matters contained in this ^^^^^^^l^^^^^^^^
which are fet forth and expreffed in the fchedule hereunto annex- P**^^^^ ^'S^*
ed, (hall be ufed, upon all occafions, with fuch additions or va-
riations only as maybe neceffary to adapt them to the particular
exigencies of the cafe ; and that no objedlion fhall be made, or
advantage taken, for want of form in any fuch proceedings, by
any perfon or perfons whomfoever.

LXX. And, in order to have the contents of this a6l morege- Printed ab-
nerally communicated and known, be it further enadled. That ^r^as to be
the jufticesofthepeace,within their refpedive limits, fhall, at eve- fj^^^^^
ry fpecial fedions to be held in the week next after the Michaelmas ^ ^' •
general quarter fefTions of the peace, procure and deliver, or
caufed to be procured and delivered, a printed abftrad oi the moft
material parts of this a6t to every furveyor, to be then appointed
by them refpedively, as the charge hereby dire6led to be given;
and (hall alfo, at their faid fpecial feflions, to be held in the year
one thoufand feven hundred and feventy three, deliver, or caufe
to be delivered, to every of the faid furveyors, one other of the
faid printed abftra6ls of this acff, for the ufe of the parifh, town-
fliip, or place, for which the faid furveyor fhall be appointed \
which laft-mentioned abftrad the faid furveyors are hereby re- One to be
fpedively ordered and required to fix on the church or chapel fi>fed on the
door, or other publick place, within their refpedive liberties, on ^^"^^" ^^^^'
the next Sunday after they Ihall fo receive the fame ; and the faid
furveyors fhall feverally pay to the faid juftices' clerks the fum
of fixpence for each of the faid lafl-mentioned printed abflradts.

LXXI. And be it further enaded, That in cafe any perfon or Perfons refift.
perfons fhall refifl or make forcible oppofition againfl any perfon ing the execu-
or peifons employed in the due execution of this adl, or make ^^^^^^^^^5^^*
any refcue of the cattle or other goods diflrained by virtue of this
a6l; or if any conflable, headborough, or tythingman, fhall re- or conftables
fufe or negledl to execute or obey any warrant or precept granted refufing to
by any juftice of the peace, purfuant to the diredlions of this adl; °^^y the war-
every fuch perfon offending therein, and being convicted thereof ^r"^^^^^^

by a iuftice of the peace, fhall, for every fuch offence, forfeit any ^ c c * .
r J- ^ 1 1 r .1 c . f\'w ^ to forfeit not

fum not exceedmg ten pounds, nor lefs than forty fliillings, at exceeding lol.

the difcretion of the juftice before whom he or flie fhall be fo nor lefs than '
convi6ted; to be paid to the furveyor of the highways for the4-os,
parifli, townfhip, or place, where the offence was committed, to
be laid out in the repair of the highways: and in cafe he or fhe
do not forthwith pay, or fecure to be paid, the faid forfeiture,
after fuch convi6lion; then it fhall and may be lawful for fuch
juftice of the peace to commit fuch perfon or perfons to the com-
mon gaol, or houfe of corre61ion, of the limit where fuch offence /
ftiall be committed, there to remain for any time not exceeding
three months, unlcfs the faid forfeiture fliall be fooner paid.

LXXII. And be it further enacled. That all penalties and Forfeitures
forfeitures by this 26! impofed for any offence againft the fame, colls, and
and all cofts and charges to be allowed and ordered by the au- charges, may
thority of this adt. (the manner of levying and recoverino; of |?.^ ''^^;^^ ^/

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^22 Anno decimo tertlo GEofecil Itl. c.78. [lyy^^

h\€ of the of- which is not hereby otherwife particularly diredled), (hall be le-
fender^s yj^^ ^^y diftrefs and fale of the goods and chattels of the offenders

^^^ ^' or perfon liable or ordered to pay the fame refpedively, by

warrant under the hand and feal of fome juftice of the peace for*
the limit where fuch offence, neglect, or default, fhall happen, oi*
fuch order for payment of fuch cofts or charges fliall be made,
rendering the overplus of fuch diftrefs (if any be) to the party or
parties, after deducting the charges of making the fame-, which
warrant fuch juftice is hereby impowered and required to grants
upon convidtion of the offender, byconfeffion, or upon the oath
of one or more credible witnefs or witnefles, or upon order made
in what man- as aforefaid; and the penalties and forfeitures, when fo levied,
^v^A^ ^^ ^^ ^^^^^ ^^ paid, the one half to the informer, and the other half
^ to the furveyor of the highway where fuch offence, negledt, or

default, (hall happen ; to be applied towards the repair thereof^
unlefs otherwife directed by this a6t; but in cafe the furveyor*
Ihall be the informer, then the whole fhall be employed towards
the repair of fuch highway: and in cafe fuch diftrefs cannot be
found, and fuch penalties and forfeitures, or the faid cofts and
charges, (hall not be forthwith paid, it fhall and may be lawful
for fuch juftice, and he is hereby authorifed and required, by
warrant under his hand and feal, to commit fuch offender or
offenders, or perfon or perfons, liable to pay the fame refpedively,
to the common gaol, or houfe of corredion, of the limit where
the offence fhall be committed, or fuch order as aforefaid ftiall
be made, for any time not exceeding three months, unlefs the
faid penalty, forfeiture, cofts, and charges, ftiaJI refpedtively be
How to pro. fooner paid ; and if fuch offender or offenders, or perfon or per-
ceed when tHe fons, liable or ordered to pay the fame refpectively, ftiall live out
offender hves q£ ^j^g jurifdi6tion of the juftice hereby authorifed to grant fuch
kirUdS!"^' warrant, it Oiall and may be lawful for any juftice of the peace of
the limit wherein fuch perfon (liall inhabit, and every fuch ju-
ftice is hereby required, upon requeft to him for that purpofe
made, and upon a true copy of the convidion whereby fuch for-
feiture or penalty was incurred, and of the order for the payment
of fuch cofts and charges, produced and proved by a credible wit-
nefs upon oath, by warrant under his hand and feal, to caufe the
penalty or forfeiture mentioned in fuch conviction, and the cofts
and charges mentioned in fuch order, or fo much thereof as ftiall
not havebeen paid, to be levied by diftrefs and fale of the goods
and chattels of fuch offender or offenders, or perfon or perfons,
liable or ordered to pay the fame refpedtively, as aforefaid; and
if no fufficient diftrefs can be had, to commit fuch offender or
offenders, or perfon or perfons, liable as aforefaid, to the com-
mon gaol, or houfe of corredion, of fuch limit, for the time and
in manner aforefaid.
Warrant of LXXIII. Provided neverthelefs, That no warrant of diftrefs,,

(jiflcefs whea unlefs otherwife directed by this a6t, ftiali be iffued for levying
to bui iilaed. ^ny penalty or forfeiture, cofts or charges, until fix days after
the offender (hall have been convi6icd, and an order made and
ferved upon him or her for payment thereof,

^ ^ LXXIV, Pro-

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1773-1 Anno declmo tertio Georgii IIL c. jS. ii%

LXXIV. Provided alfo, and be it further enadled, That every The profecu-
profecutor or informer may, at his eledion, fue for, and recover ^^^^3s hn
any forfeiture or penalty impofed by this ad, which fhall amount ^^r^ovi^T
to thefum of forty Ihilhngs or upwards, (the'manner of recovery forfeiture by
thereof not being particularly direded by this ad), either in the informanon
manner herein before direded, or by adion at law, to be brought ^^^^^'"^ ^ i"^'
by fuch informer or profecutor in any of his Majefty's courts oVl^^^l^^^^^\i
record, in manner following ; (that is to fay), where any perfon it amount to
fhall be liable to any fuch pecuniary penaJty, it (hall and may be 40s.
lawful to fue for and recover the fame by adion of debt, in which
it (hall be fufficient to declare, that the defendant is indebted ta
the plaintiff in the fum of being

forfeited by an adl, pafied in the thirteenth year of the reign of
his prefent Majefty, intituled, An a5i to explain^ amende and reduce
into one a^ of parliament ^ thejiatutesnowin being for the amendment
and prefervation of the publick highways within that part of Great
Britain ^^/W England, and for other pur p of es -, and the plaintiff,
if he recovers in any fuch adions, (hall have double cofts.

LXXV. Provided, That there fhall not be more than one re- Within what
covery for the fame offence; and that ten days notice, in writ- ^^^^ aaions
ing, be given to the party offending previous to the commence- ^^'^ to be com-
ment of fuch aaion ; and that the fame be brought and com- what notfce is
menced within one calendar month after the offence for which to be given,
fuch adion is brought (hall have been committed.

LXXVI. Provided alfo, and be it further enaded. That no Conviaions
convidion fhall be had or made by virtue of this ad, unlefsupon ^^^"^ ^^ ^^
confeffion of the party accufed, or upon the oath of one or more ™^^^*
credible witnefs or witneffes, or upon the view of a juftice of
peace, in the cafes before mentioned ; and that any inhabitant of inhabitant of
any parifh, townfhip, or place, in which any offence (hall be ^P^^^^^S^^^
committed contrary to this ad, (hall be deemed a competent wit-"^^^"^'^^*
nefs, notwith(tanding his or her being an inhabitant of fuch pa-
ri(li,town(liip, or place.

LXXyiL And be it further enaded. That it (hall and may Jnftices may
be lawful for any juftice of the peace to adminifter an oath to any adminiiler
witnefs or witneffes, or other perfon or perfons, for the better '^^^''^'
difcovery and execution of the feveral matters or things herein-
before authorifed or direded to be examined, enquired into or
performed by fuch juftice. '

LXXVIII. And be it further enaded, That where any diftrefs Satisfaction

or trefpaffers, on account of any default or want of form in any lawfuUcr'
proceedings relatmg thereto, nor (hall the party or parties di- ^'^^t of fornt
flrainmg be deemed a trefpaffer or trefpaffers ai? initio, on account '" ^''^ P""^*
of any irre^^ulanty which Ihall be afterwards done by the partv or ''^^^'''^^'
parties diftrainmg, but the perfon or perfons aggrieved by iiich
irregularity may recover full fatisfadion for the fpecial damaore
iji an adlon on the cafe. ^

LXXIX. Provided always, That no plaimiff or plaintiffs mall Pla7nt-fFs not

recovei' ^^ f^c^vet for,

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^24

irregularity,
if tender of
amends be
made.

Appeal may
be made to
quarter fef-
fions by the
perfon ag-
grieved by any
thing done in
the execution
of this a6t.

Proceedings
not to be
quafhed for
want of form,
nor remove-
able by Certio-
rari,

Anno decimo tertio GeoRGII III. c.78* [1773.

recover in any a£lion for any irregularity, trefpafs, or wrongful
proceedings, if tender of fufficient amends (hail be made by or
on the behalf of the party or parties who (liall have committed,
or caufed to be committed, any fuch irregularity, trefpafs, or
AA/rongful proceedings, before fuch a6lion brought ; and in cafe
no fuch tender (hall have been made, it fhall and may be law-
ful for the defendant in any fuch adion, by leave of the court
\^'here fuch adion fhall depend, at any time before iflue joined,
to pay into court fuch fum of money as he or they fhall fee fit,
\7hereup0n fuch proceedings or orders, and judgment, (hall be
had, made, and given, in and by fuch court, as in other adlions
where the defendant is allowed to pay money into court.

LXXX. Provided alfo, and be it further enaded, That if any
perfon fliall think himfelf or herfelf aggrieved by any thing done
by any juftice or juftices of the peace, or other perfon, in the exe-
cution of any of the powers given by this a6l, and for which no
particular method of relief hath been already appointed, every
fuch perfon may appeal to the juftices of the peace, at «ny gene-
ral quarter feffions of the peace to be held for the limit wherein
the caufe of fuch complaint (hall arife, fuch appellant giving, or
caufing to be given, notice in writing, of his or her intention to
bring fuch appeal, and of the matter thereof, to the juftice, or
other perfon or perfons againft whom fuch complaint (liall be
made, within fix days after the caufe of fuch complaint arofe, and
within four days after fuch notice, entering into recognizance be-
fore fome juftice of the peace within fuch limit, with one fuffi-
cient furety, conduioned to try fuch appeal at, and abide the or-
der of, and pay fuch cofts as fnall be awarded by the juftices at
fuch quarter feffion ; and every juftice of the peace, and other
perfon, having received notice of fuch appeal, as aforefaid, fliall
return all proceedings whatfoever had before them refpedively,
touching the matter of fuch appeal, to the faid juftices, at their
p-eneral quarter feflions aforefaid, on pain of forfeitmg five pounds
for every fuch ne2;lea; and the faid juftices at fuch feilion, upon
due proof of fuch^iotice being given as aforefaid, and of the en-
terins; into fuch recognifance, ftiall hear and finally determine
the caufes and matters of fuch appeal in a fummary way, and
award fuch cofts to the parties appealing or appealed agamft, as
they the faid juftices ftiall think proper; to be levied and re-
covered as herein-before direded ; and the determmation of fuch
quarter fefilon ftiall be final and conclufive to all intents and pur-
pofes^ and that no proceedings to be had or taken in purfuance of
tbi^ a6l ftiall be qualhed or vacated for want of form, or removed
hy^Certiorari, or any other writ or procefs whatfoever, (except
as herein-before mentioned), into any of his Majefty's courts of
record at JFeJlnwifier, any law or ftatute to the contrary notwith-
ftandinp;- provided, that no fuch appeal (hall be made agamft any
convi61ion for any penalty or forfeiture incurred by virtue of this
ad unlefs the perfon convided ftiall, at the time of fuch convic-
tion if he or (he ftiall be then prefent, if not, within fix days af-
ter '^ive notice of his or her intention to appeal, and at the fame
•-^ * ^ . time

Hosted by Google

1 773-] Anno decimo tertio Georgii HI. c. 78. H25

time enter into recognizance with fufficient fureties to pay fuch

penalty or forfeiture, in cafe fuch convicPdon fhall be affirmed

upon fuch appeal 5 and upon his or her giving fuch fecurity, the

further proceeding for fuch penalty or forfeiture fhall be fufpend*

ed until fuch appeal fliall be heard and determined.

LXXXL And be it further enaded, That if any adion or fuit Limitation of
(liall be commenced againft any perfon or perfcns for any thing ^*^^^"^*
done oraded in purfuance of this a6t ; then, and in every fuch
cafe, fuch adlionor fuit ihall be commenced or profecuted within
three calendar months after the fa6l committed, and not after- ^
wards ; and the fame, and every fuch a6lion or fuit, (hall be
brought within the county where the fa6l was committed, and
not elfewhere 3 and the defendant or defendants, in every fuch
action or fuit, fliall and may plead the general iffue, and give General ilTue*
this a6l, and the fpecial matter, in evidence, at any trial to be
had thereupon, and that the fame was done in purfuance and
by the authority of this prefent a6l : and if the fame fliallappear
to have been fo done, or if any fuch adion or fuit (hall be brought
after the time limited for bringing the fame, or be brought or laid
in any other place than as aforementioned, then the juj-y fliall
find for the defendant or defendants; or if the plaintiff or plaint-
iffs fliall become nonfuit, or difcontiriue his, her, or their adion,
after the defendant or defendants (hall have appeared, or if, upon
demurrer, judgment fliall be given againfl: the plaintiff or plaint-
iffs, the defendant or defendants fhall and may recover treble Treble cofts,
cofts, and have the like remedy for recovery thereof, as any de-
fendant or defendants hath or have in any other cafes bylaw.

LXXXIL And be it further enacSfed, That this acff fliall com- When the ad
mence and take place, with reipe<5l to the affembling of the ^^"^"^^"^^s.
houfeholders and others, and the making and delivering of lifls
of perfons qualified to ferve the office of furveyor, and the giving
notices to the perfons contained in fuch lifts, upon the twenty-^
firil day of September^ one thoufand feven hundred and feventy-
three, and, with refpe6l to all the other matters and things here^
in contained, on the eleventh day of Ot5;^'<^'^r, one thoufand [Q\ca
hundred and fevenry-three.

LXXXIIL And, to the intent that there may be only one Acl 7 Geo* 3*
law fubfifting for the feveral purpofes aforefaid, be it further en- repealed, '
adled and declared, That from and after the tenth day of OBober^
one thoufand it^zw hundred and feventy-tl'ree^ an acl, pa fled ia
the feventh year of the reign of his prefent M^jefty, intituled, An
a5i to explain^ amende and reduce into one acl of parliament^ the feveral
ftatutes now in being for the amendment and prefervation of the pub--
lick highzuays of this kingdom^ and for other purpofes therein men' *
iioned^ (except fo much thereof as repeals the feveral ads, and
parts of ads, therein mentioned, which are not revived by an
ad, paffol in the eighth year of the reign of his prefent Adajefly,
intituled, An a5i to explain^ amende and render more effe^Jual an ah^
paffcd in the feventh year (f his prefent Mafjr/s reign^ intituled^ An
a6t to explain, amend, and reduce into one ad- of parliament,
the feveral fl:atutes now ia being for the amendment and prefer

Vox. XXX. (^ vation

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226

Purveyors ap-
pointed under
7 Geo, 3. to
pafs their ac-
counts at fpe-
cial feflions
atter Michael-
mas next.

Exceptions
relative to
Biiftol i

and Saint
MaryMatfe-
ion, Sec,

Powers of
commifBoners
of fewers not
abridged.

Anno declmo tertio Georgii III. c. 78. [1773.
vation of the publick highways of this kingdom, and for other
purpofes therein mentioned, (hall be^ and the fume is hereby
repealed.

LXXXIV. Provided neverthelefs, Thai the feveral furveyors
appointed under the authority of the faid ad, pafled in the fe-
venth year of the reign of his prefent Majefty, (hall produce fuch
books and lifts, and pafs their accounts, before the juftices at
their refpedtive fpecial feflions, to be holden within their re-
fpedive limits, in the week next after the Michaelmas quarter
feffions, in the year one thoufand ^Qvtn hundred and feventy
three, and pay the balances thereof, in fuch manner as they
ought to have done at the fpecial feflions, which was by the faid
a6l to have been held on the firft Monday in O^ober^ or within
fifteen days after; and* if the juftices fhall appoint any furveyor
or furveyors under the authority of the faid aft, fuch appoint-
ment fhall be void, and of no effeft.

LXXXV. Provided always, and be it further enafted by the
authority aforefaid. That nothing in this a6l contained, touch*
ing the making and returning lifts of perfons qualified to be fur-
veyors of the highways, and the appointment of fuch furveyors,
nor the repeal of part of an a6t, made in the third year of King
William and Queen Mary^ relating to fuch furveyors, fhall ex-
tend, or be conftrued, deemed, or taken to extend to the city of
Brijhl'y but that the feveral adtsof parliament which have been
paffed previous to this a(51, relative to furveyors of the highways,
and to cleanfing, paving, lighting, and regulating the ftreets and
other places wi'thin the faid city, ftiall remain in full force, and
be executed in as full and ample manner and form, to all intents
and purpofes, as the fame might or ought to have been, if this
act had never been made.

LXXXVI. Provided alfo. That nothing in this aft (hall ex-
tend, or be deemed or conftrued to extend, to the parifti oi Saint
Mary Matfelouy otherwife Whitechapel^ and Saint John of Wap-
ping, in the county of Middlefex^ or either of them.

LXXXVII. Provided always, and be it further ena6led,That
nothing in this a6l contained (hall extend, or be deemed or con-
ftrued to extend, to alter, reftrain, or abridge, the powers or au-
thorities given to the commiflioners of fewers by any a6l or a6ls
of parliament whatfoever, or to vary or alter any of the provifions
or regulations thereby made, direded, or provided; any thing
herein contained to the contrary thereof in any wife notwith-
ftanding.

THE

Hosted by Google

1773-] ^^^^ declmo tertio GfeoRGii IIL c. 78. 227

THE

SCHEDULE

(Stating the forms) to wlijch this aft refers.

N-. 1.
Warrant for calling the meeting of the houfeholders, Ci?c.
and for fixing that of the juftices for appointing fur-
veyors.

Middlefex. To the conjlables^ headbordughs^ and tythingmen^ with-
in the (Hundred) Riding) Divifion) Liberty) or Precind) as
the cafe (hall be) g/ in the Jaid county,

IN order to carry into execution an afl:, made in the thir-
teenth year of the reign of his majefty King George the
Third, for the amendment and prefervation of the puhlick highways^
you are hereby feverally required forthwith to give pubjick:
notice to the churchwardens, furveyors of the highways, and
houfeholders, being affefled to any parochial or publick rate
within your refpedive liberties, that they do affemble on the
twenty-fecond day of September next, at the church or chapeJ,
or if there (hall be no church or chapel, then at the ufual place
of publick meetings within their refpedive liberties, at the hour
of eleven in the forenoon ; and that the major part of them fo
affembled do make a lift of the names of at leaft ten perfons liv-
ing therein, who each of them have an eftate in lands, tene-
ments, or hereditaments, lying v>?ithin the fame, in their own
right, or in right of their wives, of the value of ten pounds by
the year 5 or a perfonal eftate of the value of one hundred
pounds ; or are occupiers or tenants of houfes, lands, tene-
ments, or hereditaments, of the yearly value of thirty pounds :
and if there (hall not be ten perfons having fuch qualitications,
then that they do infert injuch lift the names of fo many of
fuch perfons as are fo qualified, together with the names of the
moft fufficient arid able inhabitants not fo quafilied, as fhall
make up the number ten, if fo many can be found, if not, fo
many as ftiall be there refidont, to ferve the oliice.of furveyor of
the highways : and you are alfo feverally required, within three
days after making tlie faid lift, to deliver a copy thereof to one
of the juftices of peace of the faid (Hundred) Riding) Divi-
fon^ &cj as the cafe fiallbe) living in or, near the fame {Parif?^^
&c.) ; and alfo to give perfonal notices to, or cauCe notices in
writing to be left at the places of abode of the feveral perfons

Q^2 cpn-

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228

This to be
added, when
a particular
perfon is re-
commended.

Anno decimo tertioGfioRGii III. c.78. [lyys.
contained in fuch lift, informing tliem of their being fo named,
to the intent that they may feverally appear before the faid
juftices at their fpecial feflions to be holden at
within the faid (Hundred, Sic.) on the day of

now next enfuing, at the hour of
in the forenoon of the fame day, to accept fuch office, if they
fhall be appointed thereto, or to (hew caufe, if they have any,
againft their being appointed ; and you are hkewife to give
notice to the prefent furveyors of the highways, within your re-
fpective liberties, to appear at the fame time and place, and pro-
duce fuch accounts and lifts before the faid juftices as are requir-
ed by the faid a6l ; and you, and each of you are perfonally to
appear before the faid juftices, at their faid fpecial feflions, and
then and there feverally deliver to the faid juftices the faid origi-
nal lift or lifts taken within your refpedive liberties, and <y\yQ
an account of the execution of this our precept.

Given under our hands and feals, the

day of in the year of our Lord, 17

N^ 11.
Lift of perfons to be returned to the juftices.

j^ Lift of the fcveral perfons named for furveyors of the highzuays for
the i^mkn the name of the parifti, townftiip^ or place) at a
meeting held at in the faid (Parifti, ^c.)

the day of 17

A. B.
C. D. ^c.

WE whofe names are fubfcribed, being two parts in three
of the perfons aflembled at the meeting aforefaid, do
agree in the choice of A. B, as a fit perfon to ferve the office
of furveyor for the (infert the Parifh, Lc) aforefaid, and in the
allowance to him of for his trouble in

executing the fame for the year enfuing ; and we do recommend
the faid J. B. to the juftices for their appointmeat accord-
ingly.

NMIL

Notice to the perfons contained In the lift.

yf B, take notice, That you was at a meeting held at (i;f}rt
•^* the name of the par if j^ kc.) on the day of

named as one of the perfons to be
returned to the juftices as fit to ferve the office of furveyor for
the faid (Parijh^ &c.) for the year enfuing; and if you have
any caufe to fliew why you fliould not be appointed to ferve
iuch ofBce, you muft make th^ ftme appear before the juftices,

a at

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1 773-] Anno decimo tertio GeoRGII III. g. 78. 229

at their fpecial ftffions to be hoJden at on the

day of next.

r Conftable,
A -n) Headborough, or
^- ^'1 Tithingman,

L[QSthecafeJhallhe,)

Order to the {Conftahle, &c.) to return to the juftices the
amount of a fixpenny affeflment.

Middlefex. To the (Conftable, &c,) of

YOU are hereby required to return to us, and the other
juftices, to be affembled at the Tpecial fefilons to be held
at for the {Hun-

dred^ &c.) of in the faid county,

on the day of next,

the amount of the laft affeffinent of fixpence in the pound, for
the ufe of the highways within your hberty, if any fuch has been
raifed \ if not, what you apprehend, from the beft information
you can get, an equal afTefTment of fixpence in the pound upon
all and every ^the occupiers of lands, tenements, woods, tithes,
and hereditaments, within the faid hberty, according to their
vearly value, will amount to.

Given under our hands this day

of 17

N°. V.
Return to the juftices of the amount of a fixpenny afTeff-

ment.

To the jujiices ajjembled at their fpecial fejfmis at

the day of 17

IN obedience to your order, I do return and certify, that
the lafl: afleffment of fixpence in the pound, for the ufe of the
highways within the liberty of amounted

to the fum of

~ {If no ojjeffment of fixpence in the pound hath been made^ then
as under. ~\ > "

IN obedience to your order, I do return and certify, that no
affeffment hath heen made of fixpence in the pound, for the
ufe of the highways within the liberty of

but I apprehend, from the beft information which I have been
able to get, that an equal afTefTment of fixpence in the pound,
upon all the occupiers of lands, tenements, woods, tithes, and
hereditaments, within the faid hberty, will amount to the fum of

ji. B. (Conftable, ^c.)

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23^ Anno decimo tertio Georgii III. c. 78. [1773.

Appointment of a furveyor.

Middlefcx. At a fpecial fejfwn^ held at in the

hundred of by jiijlices of the peace f^r the f aid

county^ Q^ing within the f aid hundred^ on the
day of 17

WE do hereby nominate and appoint A. B. &c, of [iiferi
the name of the parifJo,, &c. zvhere he lives) in thefaid hun-
dred, furveyor [or furveyors) of the highways within the faid
[Pari/Io^ &c.) for the year enfuing; (and we do allow the faid
This to be in- A, B, the Jalary of for

ferted when a his trouble :) and you the faid A. B. are faithfully and truly to
^urveyoiMs execute the faid office of furveyor, according tcr the directions
vvun a "alary. ^^ ^^^^ ftatute, paffed in the thirteenth year of the reign of his
majel^y King George the Third, '' For the amendment and pre-
fervation of the highways," an abftrad of the material parts of
which ftatute is hereunto annexed.

Given under our hands and feals, the day and year above
mentioned.

N^. VII.

Bond from the furveyor.

"1"TTE v/. B, furveyor of the highways for the [Parifh^ Toivn-
VV /Inp^6ic.)of Bnd a D.

of are bound to F. F.

of afore faid, in the fum of

pounds to be paid to the faid E, F. his
executors, adminiflrators, or affigns ; for which payment we
hereby bind ourfelves fevqrally, and each of our heirs, executors,
and ad mini lira tors.

Dated the day of 17

The condition of this bond is fuch, that if th.e faid A. B, his
executors, or adminiftrators, Ihall duly and faithfully account
for, apply, and pay, all and every the fum and fums of money
which ihall come to his hands, as furveyor of the highways for
the {^Parifh^ &c.) according to the direction and true intent and
meaning of the ftatute made in the thirteenth year of the reign
cf his majcfly King George the Third, '' For the amendment
and prcfervation of the Inghways," then this bond to be void,
or elfe to remain in full force.

N^ viir.

Appointment of an affiftant to the furveyor.

Middle fe X . Ma fpecial feffions^ held at

in the hundred of hyjuflicei of the peace

for the faid county^ a5fing within the faid hundred^ on the .
day of 17

WE ^0 hereby nominate and appoint C. Z). a fubftantial
inhabitant pf the {Parifi^ &c,) of in the

faid

Hosted by Google,

1773*] Anno declmo tmlo Georgii III. c. 78. ^3^

faid hundred, affiftant to J. B, whom we have appointed fur-
veyor of the highways for the faid {Parijh, Sec.) \ and you the
laid C. D. are, to the befl: of your fkill and judgement, to affift
the faid furveyor, whenever requeued by him, in calling in and
attending the performance of the ftatute-duty, in colleding the
compofitions, fines, penalties, and forfeitures, and in making
and colleding the afTeffm^nts, and in making out, and ferving^
the notices authorifed by the ad:, pa (Ted in the thirteenth year
of the reign of his majefty King George the Third, " For the
amendment and prefervation of the highways," and in fuch
other matters and things as (hall be reafonably required of you
by the faid furveyor, in the execution of his office of furveyor,
purfuant to the faid a6l -, and you are juftly and truly to account
with, and pay to, the faid furveyor, or to his order, the money
which fhall come to your hands by the means aforefaid.

Given under our hands and fpals, the day and year above
mentioned.

NMX.

Oath to be adminiftered to the furveyor upon paffing^ his

accounts.

I A, B. do fwear, That the accounts now produced and de-
livered by me, as furveyor of the highways for the [PariJIj^
^V.) of for the lafl; year, are juil

and trui?, to the bed of my knowledge.

So help me GOD.

N^X.
Allowance of the accounts.

05fober^ 17
'TpHESE accounts were examined and allowed before

N^. XL

Notice from the furveyor to rempve nuifances and ob-

ftrudlions, and to cut hedges, t?^.

Ta C\ D. of

IN purfuance of the diredlions given bj^ the a6t, paffed in the
thirteenth year of the reign of his majefty King George the
Third, ^' For the amendment and prefervation of the highways,'*
I A B. furveyor of the highways for the [PariJI)^ &c. of To remove

do hereby give you notice, forthwith to remove nuifances and
the [Dung) Timber) Stone^ &c.) placed by you in a certain part obttruaioas.
of the King's highway, lying between and

in the (PariJI)^ he.) of to

the obftrudlion and annoyance of the faid highway : or^ (forth-

(^4. with

Hosted by Google

^-3^ Anno dedmo tertlo Georgii III. c. 78. [1773.

'^^ ^\^^A^ ^'^^^ ^^ ^^^' prune, and plafli the hedges, and cut or prune the
LTto cut or' *^^^^' ^^^ ^^ ^P^"' cleanfe, and fcour the feveral ditches and
prune trees, ^^atercourfes, belonging to you) in or near the highway, lying
and to open between and to the intent that the

and fcour water may be drained from the faid highway, and that the fun

waiercourfes ^"^. "^^^^ may not be excluded from fuch highway, to the
* prejudice thereof.

Dated this day of 17 ^

J. B.

N°. XII.

Allowance of charges and expences paid by furveyors,
which are to be repaid by the poffefibrs of the lands,
&c. and order of the juftice for that purpofc.

Middkfex. 1X7HEREAS complaint hath been made unto
W xxxQ A, B, efquire, one of his Majcfty's juftices
of peace for the faid county, by the oath of furveyor'of

the highways for the parilh of in the faid county,

that C. D. of ' having had due notice to cut

and prune his hedges, and cleanfe and fcour his ditches and
watercourfes, within or adjoining to the publick highway be-
tween and in the faid parifh of

hath negle6led to do the fame
v/ithin the time required by fuch notice, and that the faid

hath caufed the fame refpe6tive]y
to be cut, pruned, cleanfed, and fcoured, purfuant to the direc-
tions of the a6l, pafTed in the thirteenth year of the reign of his
majefty King George the Third, " For the amendment and pre-
iervation of the highways," and hath expended therein the fum
c»f as appears by an account now pro-

duced to me, which I think a reafonable charge, and do there-
fore allow the fame, and hereby order the faid C. D. to pay the
faid fum of to the faid

within fix days from the time of his being ferved with this order.

Given under my hand and feal, this day

of " 17

N^ XIIL
Order of a juftice of peace to make new drains.

Middlefex, To C. D. of furveyor of the

highways for ike (Panlh, ^c) of

WHEREAS complaint hath been made to me J. B,
efquire, one of his Majefty's juPcices of the peace for the
faid county, that the ditch, gutter, or watercourfe, for convey-
ing the water from the highway at in the [Parlfl)^ &c.)
of in the faid county, is npt fufficientfor that
purpofc, and that tl^c cleaniing and opening the fame will not
effectually. carry off the faid water, but that the faid highway

Hosted by Google

lyyS'l Annq decitno tertio Georgii III. 0.78. 233

may be efFedually drained, and the water carried off, by making

a new ditch or drain through the lands or grounds of

]ying near the fame for the length of yards, and the

breadth of feet -, and the faid

having been duly futiimoned to appear before me, to (lievv

caufe, if he had any, why the faid ditch or drain fhould not be

made, and the faid not appearing, or (not (hewing

fufficient caufe againft the fame,) and it appearing to me that

fuch ditch or drain is necefiary, I do hereby order and require

you to enter into and upon the faid lands of the faid

and there make, or caufe to be made, a new ditch
or drain of the length and breadth aforefaid, and of a convex
nient depths making or tendering fufficient fatisfadlon to the
faid for the damages to be done thereby within one

calendar month after the fame fhall be fo made ; fuch damages
to be fettled and afcertained in manner diredled by the a6l paffed
in the thirteenth year of the reign of his majefty King George the
Third, " For the amendment and prefervation of the highways."

Given under my hand, this day

of 17

N^XIV.
Notice of application to be made for an aflefTment.

Middle/ex. "NkTOTICE is hereby given, that application will
X^ be made to the juftices of the peace ading for
^the [Hundred] of in the faid county, at their fpecial ^

feffions, to be held at in the faid [Hundred^) on

the day of one thoufand feven

hundred for an equal afieflment to be made,

not exceeding in the pound upon all and every the

occupiers of lands, tenements, woods, tithes, and heredita-
ments, within the [Pari/h^ &c.) of for
the ufe atKi benefit of the highways, within the faid {Parijh^ &c.}
Dated this day of 17

A. S. furveyor,

N°. XV.

Order at fpecial feffions for an afTeffiiient of fixpence in

the pound.

Middlefex. At a fpecial fejfions for the highways^ held at

in the hundred of in the [aid county^ the

day of ^ ^ 17 by juf ices of peace for

the faid county a5ling within the faid hundred.

UPON application made to us by the furveyor of the high-
ways for the [PariJJ)^ &c.) of and upon evi-.
dence given upon oath before us, (that the duty direded to be
performed, and the money authorifed to be colleded and re-
ceived, by an aft, paffed in the thirteenth year of the reign of

his

Hosted by Google

^34 Anno decimo tertio Georgii III. C.78. [1773,

his majefty King George the Third, '' For the amendment and
prefervation of the highways," have been performed, applied,
and expended, according to the directions of the faid adt :) or^
(we are fully fatisfied, that the common highways, bridge^, '
caufeways, ftreets, and pavements, belonging to the {Parijh^
&c.) of are fo far out of order, that

they cannot be fufficiently amended and repaired, paved, cleanf-
Ifnoafleff- ^^' ^^^^ fopported, by the means prefcribed by the faid ad:)
ment has been and it appearing to us, that notice has been duly given of fuch
made for bi»y- intended application, according to ttie dire6lion of the faid a6l,
mg matenais, ^^^ ^^ hereby order, dire6f, and appoint, that an equal affeff-
-&C. this may ^ . j- ' i r r

amount to m^nt, not exceedmg the fum of

nine- pence in in the pound, upon all and every the occupiers of lands, tene-
the pound j ments, woods, tithes, and hereditaments, within the faid {Pa-
but if a fix- ^.ij],^ i^^^ ) of ^3ll |3e forthwith made

L?n?had been ^Y ^^^^ ^^'^ furveyor, and Iball be allowed by one juftice of the
made before, peace for the faid hundred, and Qiall be colle6led by the faid
it muft be furveyor, and that the money fo to be aiTeffed and colledled Qiall
only three- i^^e applied for and towards the amending, repairing, paving,
Thde latter cleanfing, and fupporting fuch highways, caufeways, flreets,
words may be pavements, and bridges, {and for huymg materials^ making fathfac-
added here, tion for damages^ ere5ling guide-pofts^ and paying the furveyor'' sfala^
if there has ^-y,) according to tht: direction and true intent and meaning of
been no tor. ^^.efaid-aa.
mer alieU-

ment forthofe A, B,

ptirpofes, C. D^

N°. XVL

Order of two juRices for \wtdening\ or [diverting and

turning'] a highway.

Mlddkfcx, ^"W T E, two of his

VV Majefty's juftices of the peace for the faid
county, acting within the {Hundred^ &:c.) of
/ *ij vvithin the faid county, having, upon view, found that a certain
f^fi'^^' V / ' part of the highway between ~~ and

in the [Fari/h^ he.) of in the faid [Hundred^)

for the length of yards, or thereabouts, and particu-

larly defcribed in the plan hereunto annexed, is for the greateft
^When It is pare thereof narrow, and cannot be conveniently enlarged and made
of>iy to be lonmiGdiom for travellers^ without diverting and turning the fame ;
widened.leave andhaving vieived a courfe propofed for the faid new highway^ through
hiitl^^ciT^'^d ^he lands and grounds of ' and

L"fbrt'o ' ^^'^ ^^ ^^^^ length of yards or thereabouts.

But may be and of the breadth of feet, or thereabouts, particu-

coji^utmenily jarly defcribed in the plan hereunto annexed which we think
enlarged and ^^j|| j^^ jnuch more commodious to the publick ; we do hereby
^addwF /hereto order, that the faid highway ht diverted and turned xhrox^gh the
from lands aforefaid ; and that the furveyor of the highways for the

ovy^-widejied [Parfh^ cic) of where the faid old highway

4ipd enlarged, j-^^^ do forthwith proceed to treat and make agve.emem witja

the

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r773-] Annodecimo tertio Georgii III. C.78. 235

thefaid and for the recom-

pence tabe made for the faid ground^ and for the making fuch
ditches and fences as (hall be neceffary, in fuch manner, with
fuch approbation, and by purfuing fuch meafures and dir-edions
in all refpeds, as are warranted and pvefcribed by the ftatute,
made in the thirteenth year of the reign of his majefty King
Qeorge the Tbird, " For the amendment and prefervation of the
highways : " and in cafe fuch agreement (hall be made as afore-
faid, we do order an equal affeilment, not exceeding the rate of
fixpence in the pound, to be n^ade, levied, and collecSled, upon
all and every the occupiers of lands, tenements, woods, tithes,
and hereditaments, in the faid {Parijh^ Sec.) of
and that the money arifing thereupon be paid and applied in
making fuch recompence and fatisfadlion, as aforefaid, purfuant:
to the diredions of the faid 'a6tl

C. D.
N^ XVII.

Certificate from the faid juftices to the court of quarter

feffions..

T^Q the jujiices cf the peace^ at their general quarter fejjions^ to be This is to be
held at ■ in thefaid county^ the wrote upon

J n ,„ V • the above or-

^^7^/ ^7 der,whenna

WE the within named J. B, and C, D. do hereby certify agreement
to the faid court of quarter feffions, that we made and ^^" ^^ "^^^^*
figned the within order, and that with our approbation, and by
our direction, the faid furveyor hath treated with the faid

and for the

faid lands required for the purpofes aforefaid, but was not able
to make any agreement for that purpofe with theiii, or either of
them j and that he tendered to the faid
the fum of and to the faid

the fum of ' as a recompence for the faid

ground, and for the making the faid ditches and fences, whiclj
they, and each of them, refused to receive.

A B.
C, D.

N-. XVIIL

Order for flopping up the old highway, and felling the
land and foil thereof.

WE whofe names are fubfcribed, being the juftices of peace
who have viewed the feveral highways defcribed in thejf there are
plans hereunto annexed, and made an order for diverting the more high-

old highway ; and being fatisfied that the new highway therein ^a^s than
defcribed is properly made, and fit for the reception of travellers, ^^pp^^j^^p
do hereby order the faid old highway, being of the length of there (hould

yards, and of the breadth of be a feparate

feet, upon a medium, as appears by the faid plan, to be flopped or^^r for

^p^each.

Hosted by Google ^

2^6 Anno decimo tertio Georgii III. c. 78. [1773.

up, and the land and foil thereof to be fold by the faid furveyor
. to whofe land adjoins thereto, if he (hail be willing

toeV^'v^herT" ^^ P^rchafe the fame, for the fdll value thereof, if not, to fome
ifeceffary, and/^'^^^^ perfon or perfons, for the full value thereof : (referving
to be varied as neverthelefs to a free paffage for perfons,

thecircum- hbrfes, cattle, and carriages, through the land and foil of the
fiances of the f^jj q]^ highway to and from the (Land, &c.) belono-inp; to him,
cate rnav re* ni *-».» i*i«. oo 3

quire, called accordmg to his ancient ufage thereof.)

N^XIX.
Certificate to be wrote under the order above mentioned,

WE, the above-named juftices, do certify. That the old
highway, herein- before mentioned and defcribed, was
fold by the faid furveyor to with our ap-

probation, for the fum of which fum we do

order the faid to pay to the faid furveyor,

to be applied in purchafing the land, and making the faid new
highway; and if any furplus remains, we do order that the
fame fnall be applied for the ufe of the highways within the f^id
{Parijb, &c.) of

N^ XX. '

Receipt for the purchafe-money to be indorfed upon, or
wrote under, the certificate above mentioned.

RECEIVED the day of froni

the faid the fum of

being the full confideration-money for the purchafe of the faid
old highway herein-before defcribed, purfuant to the faid orders
and certiticate,

N?. XXL

Order of two juftices for diverting and turning a (publick
highway^ bridleway^ or footway^ as the cafe Jhall he)
throtigh the lands of any perfon who confents thereto.

Middlefex. \lkj E, and efquires, two of

VV his Majefty's juftices of peace for the faid
county, at a ipecial feffions held at in the hundred

of in the faid county, on the

day of one thoufand feven hundred

having, upon view, found, that a certain part of a [Highway^
Sec.) within the [Far'ijh^ &c.) of in the

faid hundred, lying between and

for the length of yards, or

thereabouts, and particularly defcribed in the plan hereunto
annexed may be diverted and turned fo as to make the fame
nearer (or more commodious) to the publick ; and having viewed
a courfe, propofed for the new highway, in lieu thereof, through

the

Hosted by Google

I773-] Anno decimo tertio GeoRgji III. c. 78, 237

the lands and grounds of of the length of

yards, ©r thereabouts, and of the breadth of
feet or thereabout, particularly defcribed in
the plan hereunto annexed, and having received evidence of the
confent of the faid to the faid new highway

b&ing made through his lands hereln-before defcribed by writing
under his hand and feal, we do hereby order that the faid high-
way be diverted and turned through the lands aforefaid -, and
we do order an equal affeffmenl:, i^c, (in the fame form as before
mentioned.)

N°. XXII.

Confent from the owners of the land through which a

new highv^ay is propofed to be made.

IA» B. of in the county of being

owner of the lands defcribed in the plan hereunto annexed,
through which part of a certain highway, lying between

and is intended to be diverted and

turned, (in confideration of the fum of to be paid

to me for the faid land, and the foil thereof) or^ (in confidera-
tion of faid old highway being fold, exchanged, and to be veil-
ed in me, and alfo of the. fum of to be
paid to me,) (as the cafe may be^) do hereby confent to the mak-
ing and continuing fuch new highway through my faid lands.

Given under my hand and feal, this day

of 17

N^ xxiil.

Licence from juftices of peace, at a fpecial fefTions to get
materials for the repair of the highways in another
parifh, befides that wherein fuch materials are to be
employed.

Middlefex. Jt a fpecial fejms, held. at for the

(Hundred)^ in the faid county^ by juftices

of the peace for the faid comity a51ing %uitMn the faid (Hun-
dred,) on the day of 17

I^T appearing to us, upon evidence, thi6 day received, that
fufficient materials cannot conveniently be had within the
wafte lands, common grounds, rivers, or brooks, nor in the
inclofed lands or grounds, lying within the {Parifl), &c.) of A.
in the faid [Hundred^) for the repair of the highways within the
faid [Parif)^ &c.) nor in the wafte \2iX\ds, common grounds,
rivers, or brooks, within the [Parifi) of B, adjoining to the faid
{Parijb^ &c.) of ^. we do hereby give our licence to the fur-
vpyor for the faid {Parifi) of J, to fearch for, dig, get, and
carry fand, gravel, chalk, flone, and other materials, within the

, in-

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238 Anno decimo tertio Georgii III. c. 78. [1773-

inclofed lands or grounds of C. D. within the faid {Parijh^ he)
of B, to be employed in the repair of the highways within the
faid [Parijh) of J, it appearing from evidence laid before us,
that there are proper materials within the faid lands for the
purpofes aforefaid, lying convenient to the faid highways ; and
that after fuch materials (liall be fo taken, there will be fufficient
left for the ufe of the highways within the faid (Parijh) of B.
upon the faid furveyors making fatisfacftion and recompence for
the fame, in the manner diredled by the act, pailed in the thir-
teenth year of the reign of his majefty tCing George the Thirds
*'For the amendment and prefervation of the highways," fub-
je61: to fuch reftridions as are therein contained.

Given under our hands and feals, the day and year above-
written,

J. B.
CD,

W. XXIV.
Licence from a juftice of peace, for a furveypr to gather
ftones upon inclofed lands, for the repair of the high-
ways.

Middlefex. To the furveyor of the highivays.for the (Pari(h) of
in the (Hundred) of , in the

faid county,

WHEREAS by an aa, paffed In the thirteenth year of
the reign of his majeRy King George the Third, ^^ For
the amendment and prefervation of the highways," the furveyors
are authorifed to gather flones lying upon any lands or grounds
within their liberty^^ for the ufe and benefit of the highways, but
not without the confent of the occupiers of fuch lands, or a
licence from a juftice of peace for that purpofe : and where-
as it appears to me, E. F, one of his Majefty's juftice^ of
the peace for the faid county, and a(5ling within tl)e faid
{Hundred^ kc. ) upoa the oath of the faid furveyor, that he hath
applied to J. B. of for his confent to gather ftones

from the lands called or kaown by the names of
and in his occupation, within the faid (Pari/h, &c.}

for the purpofes aforefaid, and that the faid ftones are neceflary
for the repair of the faid highways, and that the faid J, B,
hath refufed to permit the fame to be gathered ; and the faid
J. B. having been duly fummoned to appear before me, to ftiew
caufe why fuch permiflion Ihould not be granted, and (hovifig
appeared before 7ne accordingly \) or, [having fent his feward or
agent ;) or, (C. D. on his behalf to attend me upon that occaflon^)-
or, [hut not having appeared) I have heard what has been alledged,
and taken the faid matter into conficleration, and am of opinion,
that the faid ftones are neceflary, and ought to be gathered and
carried away for the purpofes aforefaid, therefore I do hereby..

.give

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I773-] Anno decimo tertlo GeoRGIT III. c.78* . 239

give my licence to the faid furveyor to take and carry away the
fame accordingly.

Given under my hand and feal, the day of

17

N°. XXV.

Notice to perform flatuce duty, (to be given four days

before the day on which the duty is to be performed.)

AB. you are hereby required to fend a team, with two aj^lelf he does not
. men, to within \ht parifh^ etc.) of' next, ^"^^"Py ^^^^^s,

at o'clock in the morning of each day, in order to per- ^^' ?^ ^^\^

r ri-j^ 11-1 ^ .1- i>., ^ yearly valae

torm fuch duty upon the highways withm the faid ofsol.infuch

as (hall be required by the furveyor, purfuant to the diredion ofp.arifh, &c. be
the adt, paffed in the thirteenth year of the reign of his majefly ^^ only to lend
KingG^^r^^ the Third, '^ For the amendment and prefervation f"^ "''^^*
'' of the highways." (When perfonal labour h required)^ you are ^^ ^ wag-gon
hereby required, by yourfelf, or a fufficient labourer to attend, ^^o^ h orLTor
' . cue horfe only.

Dated this day of 17 is required, let

it bi exprefled.

N^ XXVI.
Notice for compofitions.

NOTICE is hereby given. That all perfons w^h.o are in-
clined to compound for their ftatute-duty within the
{par'ijh^ etc.) of are hereby required to fignify their

intention to compound for the fame to the furveyor

of the highways for the faid {parhJJ:^ etc.) at the houfe of

of on the day of this inftant No-

vember^ between the hours of ' and and

they are hereby required at the fame time, or within the fpace
of one month after, to pay their compofition money to the faid
furveyor; and alfo, that all perfons, who are liable to pay mo-
ney for the lands, tenements, woods, tithes, and hereditaments,
which they occupy, or, in lieu of their duty within the faid
{parijh^^ etc.) according to the a6l made in the thirteenth year of
his majefty King George the Third, '^ For the amendment and
/* prefervation of the highways,'' are required to pay the fame
-to the faid furveyor^ on the day, or within the time aforefaid.
Dated this day of iVi'z/^w^ifr, 17

A, B^ furveyor*

N^ XXVII.
Order for ftatute-duty to be performed in kind.
Middlefex. At a fpeclal fcffions^ held at in the (hun-

dred) of in the faid county^ the

d^y of 17 by jufiioes of the peace for tJ^e

faid county., o^iitg within the faid (hundred).

IT appearing to us, from the information which we have re-
ceived, that there will be difficulty in procuring the nece/Ta-'
jy {carriage)^ or^ {a fufficient nimkr of labourers) (as the cafe

fhall

'Hosted by Google

240 Anno decimo tertio GeoRGII III. c. 78. [1773.

fiall be) for the repair of the highways within the {parijh^ etc.)
of within the faid (hundred) without paying high

and extravagant prices for the fame, we do hereby order and di-
rect (the team-duty within the faid (pari/h^etc.) except fuch
teams where the owners thereof do not occupy lands, tenements,
woods, tithes, or hereditaments, within the faid (parijh^etc)
of the annual value of thirty pounds), or, (one half of the
team-duty, ^r.) or, (the labourers liable to perform, ftatute-
duty within the faid parifh, &c,) (as the cafe (hall be) to per-
form their ftatute-duty in kind within the faid {parij}:)^ &c.) ac-
cording to the authority and dire6tions of the ad, paffed in the
thirteenth year of the reign of his majefty King George the Thivdy
'^ For the amendment and prefervation of the highways."

N^ XXVIII. ' ,

Notice to the furveyor of the times fixed by the inhabi-
tants for being excufed from doing their ftatute-duty.

T(i the furveyor of the highways for the (pariQi, i^c.) of
in the cou72ty of

I A. B. [conjlahle) headborough) tithingman)^ of the faid [pa- .
rijh^ he) do hereby give you notice. That the inhabitants
of the faid [parifh^ &c,) did, at a veflry or publick meeting,
held on the day of one thoufand izsta

hundred agree to take the benefit of the

indulgence of three months, for not performing their ftatute-
duty given by the legiflature, in the ad- paffed injjie thirteenth
year of the reign of his majefty King George the '1 bird, ^' For
'^ the amendment and prefervation of the highways^" at the
times following; videlicet^ That they (hall not be called upon
to perform fuch duty between the day of

and the day of (which they coii-

fider as the feed month), nor between the day of

and the day of (which they con-

fider as the hay harveft month), nor between the
day of and the day of

(which they confider as the corn harvefl month) : \_The like m-
tice to be given to the furveyor or furveyor s of the turnpike roads^
where there are any fuch ivithin the [parif)^ &c.)]

N^ XXIX.
Order of the juftices at their fpecial feffioiis, for the repair

of certain highways which moft want repair. ,
Adiddlefex. Jt a fpecial ffions^ held at in iht

(hundred) of in the faid county^ the

day of 17 by juflices of the peace for the

faid county a^ing within the faid (hundred.)
To thefurveyors of the highways for the (parifh, &c.} cf

in the faid (hundred). .

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1773-] Atinodecimo tertio GeorgiI IIL CI7S- ^4.1

IT appearing to us^ That the highway lying between
and within your liberty, is very

founderous, and in bad repair^ and being of great pulDlick: ufe,
we do hereby order that you repaif, or caufe the fame to be re-
paired, before the day of next.
Given under our hands and feals, this day
of 17

A precept for ereding guide pofts^ Stc.

MiddlefeXi Jt a Jpecial fejftons^ held at for the

(hundred).^/ in the /aid county^ before jujiices

of the peace for the fald coUhty^ a5iing within the [aid (hun-
dred), on the day of 17
To thefurveyor of the (pari(h) of in the f aid
(hundred).

YOU are hereby required forthwith to erefl, or caufe to be
eredled, in the moil convenient place upon the highway
lying between and within your*

liberty, where the roads crofs or branch out, a guide-poft, with
proper infcriptions painted on both fides thereof, in large legible
letters, denoting the towns o{ and

{or other places^ as the jujlices Jhall thini vioft proper),

[Where graduated f ones or pofts are necejfary to prevent accidents
from deep waters^ vary it as under tl [In the mofl: convenient
place upon the highway, at the approach or entrance on each
fide of the ford or water called at within your

[liberty)^ graduated pofts, denoting the depth of water in the
deepeft part thereof, through which fuch highway paffes ; and
you are allowed to charge the reafonable expences of providing
and ere(5ting the fame in your accounts].

C. D.
N^ XXXI.
Notice for holding a veftry, or other publick meeting.

Notice is hereby given. That a veftry or publick meeting
will be held at on the day of

next, at the hour of in the

noon, in order to confult about the times when it will be moft:
convenient for the inhabitants of this {parifjy &c). to be excufed
from being called forth to perform their ftatute-duty, according
to the indulgence given them by the ad", pafled in the thirteenth
year of the reign of his majefty King George the Third, " For
« the amendment and prefervation of the highways."
Dated the day of 17

J, jS. (conftable,) (headborough,) &c.

Vol. XXX, R No. XXXL

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i^2 Anno declmo tertlo Georgii III. c.78. 1^773*

N°. xxxri.

Prefentment by a juftice of peace.

Middle/ex. A T the general quarter feffions of the peace of our
jTjl lord the King, held for the faid county, at
in the faid county, on [Tuefday) the day of

in the year of the reign of before

efquires, and others their companions,
juftlces of our faid lord the King, afligned to keep the peace in
the faid county, and alfo to hear and determine divers felonies,
trefpafles, and other mifdemeanours in the faid county commit-
ted 3 J. B, efquire, one of the juftices of our faid lord the King,
afligned for the ()urpofes aforefaid, by virtue of an adl, made in
the thirteenth year of the reign of his majefty King George the
Third, *^ For the amendment and prefervation of the high-
'^ ways," (upon his own view), or (upon information, upon
This to be In- ^^^^5 to him given by C, D, furveyor of the highways for the
ferted where {parljh^ hc.) of In the faid county,) doth prefent,

it is upon the that from the time whereof the memory of man is not to the
information of contrary, there was, and yet is, a certain common and ancient
iirveyor. j^i^o's highway, leading from the town of in the

faid [county^ Sec.) towards and unto within the

fame (county,) ufed for all the King's rubje6ls, with their horfes,
coaches, carts, and carriages, to go, return, and pafs, at their
will i and that a certain part of the fame King's common high-
way, commonly called fituate, lying and being
in the [panjh^ kc.) of in the fame [county)^
containing in length yai'ds, and in breadth
feet, on the day of in the year
of the reign of and continually afterwards until
the prefent day, was, and yet is, very ruinous, deep, broken,
and in great decay, for want of due reparation and amendment,
fo that the fubjeds of the King, through the fame way, with
their horfes, coaches, carts, and carriages, could not, during
the time aforefaid, nor yet can go, return, or pafs, as they
ought and were wont to do, to the great damage and common
nuifance of all the King's fuhjeds through the fame highway,
going, returning, or palFing, and againft the peace of our faid
lord the King, and that the inhabitants of the {parijh^ kc) of
aforefaid, in the {county) aforefaid, the faid
common highway (fo in decay) ought to repair and amend,
when and fo often as it thail be necelTary.

In teiVunony whereof, the faid A,B. to thefe prefents hatfe
fet i^is hand and feal, this ' day of

in the veav aforelaid.

No. XXXIIL

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1 773-] Anno decimo tertio Georgii III. c. 7S. 243

N^ XXXIII.
Summons for any perfon or perfons to attend a juflice or

juftices.
Middlefex. To A. B. of

WHEREAS complaint and information hath been made
upon oath before me C. D. one of his Majefty's juftices
of the peace for the faid {county^ &c.) by E, F. of
That, &c. [Herejiate the nature and circumjlances of the cafe as far
as it Jhall be necejfary to /hew the offeiice^ and to bring it within the
authority of the juftice^ and in doing that^ follow the words of the
n5i as near as may be']. Thefe are therefore to require you per-
fonaljy to appear before me, (or the juftices, to be aflembJed at
their fpecral feftions to be holden) at in the faid

{county^ hz.) on the day of ' next, at the

hour of in the noon, to anfwer to the faid

complaint and information, made by the faid E, F. who is h*ke-
wife diredled to be then and there prefent, to make good the
fame : herein fail not.

Given under my hand and feal, this day of

N^ XXXIV.

Information.
Middlefex. "O E it remembered, That on the

AJ day of 17 ^, B,

of in the faid county, informeth and tnaketh oath

before me one of his Majefty's juftices of the

peace for the faid county, that of

in the faid county, [Here defcribe the offence^ and if it is for de-
fault in performing faint e- duty ^ fate the duty required^ a72d the no-
tice given for that purpofe^ and the neglc5i according to the fa^^ and
as near the words of the a^ as may be]^ contrary to the ftatute
made in the, thirteenth year of the reign of his majefty King
George the Third, " Fur the amendment and prefervation of
*' the highways," which hath impofed a forfeiture of
for the faid offence.

Taken and fworn, the 1

day of before me, j

J. B.

N^ XXXV.
Form of a convi6lion.
Middlefex. T> E it remembered, That on the

-O day of in the year of our

Lord, 17 at in the county aforefaid, A. B. came

before me CD. efquire, one of his Majefty's juftices of the
peace for the faid county, and informed me, that E. F. of
on the day of now lafi:

paft, at in the faid county, did. [Here fet forth the

1^ 2 ' ^ fa^

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'244 Anno dccimo tertio GeoRGII III. c. 78. [1773;

faEi in the manner defcribed by the Jlatute']^ whereupon the faid
E, F, after being duly fummoned to anfwer the faid charge, ap-
peared before me on the day of at
in the faid county, and having heard the charge contained in
the faid information, declared, that he was not guilty of the faid
offence j but the fame being fully proved upon the oath of G. //.
a credible witnefs, it manifeftly appears to me the faid juftice,
that he the faid E. F, is guilty of the offence charged upon him,
in the faid information : it is therefore confidered and adjudged
by me, the faid juftice, that the faid E. F, be convided, and I
do hereby convict him of the offence aforefaid ; and I do here-
by declare and adjudge that he the faid E* F. hath forfeited the
fum of of lawful money of Great Britain^ for the offence
aforefaid, to be diftributed as the law dire6ls, according to the
form of the ftatute in that cafe made and provided.
Given, &c.
This to be in- JfhT the ivords '' Being duly fummoned to anfwer to the
ferted where faid charge," infert^ (did not appear before me, purfuant to the
the party re- ^^-^ fummons) ; or, (did neglect and refufe to make any defence
iTpoi/ufe'^^^^'' againft the faid charge, but the fame being fully proved, &c.),
fummons. as before.

This to be in- Jfter the ivords^ ^' contained in the faid Information, infert,
ferted when (acknowledged and voluntarily confeffed the fame to be true,
cured c^nfelfcs ^nd it manifeftly appears to me the faid juftice, he) as above,
th'charge. ^,„_ XXXVI.

Warrant to diftrain for the forfeiture.
Middlefex. To the (conftable) headborough) or tithingman),

WHEREAS yf. 5. of ^ in

the faid county, (yeoman) is this day convivTted before
me, C. D efquire, one of his Majefty's juftices of the peace in
and for the faid county, upon the oath of G. H. a credible wit-
nefs, for that the faid A, B. hath, {Here jet forth the offence^ de-
jcribing It particularly in the zvords of the flatute^ as near as may be]y
contrary to theftatute in that cafe made and provided, by reafon
whereof the faid J. B. hath forfeited the fum of
to be.diftributed as herein is mentioned, which he hath refufed
to pay : thefe are therefore, in his Majefty's name, to command
yon to levy the faid fum of by diftrefs of the

goods and chattels of him the faid A. B. and if within the fpace
of four days next after fuch diftrefs by you taken, the faid fum,
together with the reafonable charges of taking and keeping the
fame, ft:iall not be paid, ihat then you do fell the faid goods
and chattels fo by you diftrained, and out of the rhoney arifing
^. , , bv fuch falc^ that vou do pav one half of the fa'd fum of

^^V.^ordW to ^. i^. of ^vho informed me

ned according ,T , i,rr,r-.r c

to the aa, in of the faid offence, and the other half of the faid lum ot
each particu- to J. K. the furveyor of the highways,

iarcafe. £^j. ^j^g {parif})) tcivnpp) ox place) where the faid offence, {neg^

Hosted by Google

I773-] Anno decimo tertio Georgii III. c.78. 245

h^) or {default,) happened, to be employed towards the repair
of the faid highways, returning the overplus, upon demand to
him the faid J, 5- (the reafonable charges of taking, keeping,
and felling the faid diftrefs being iirft deduded) ; and if fufti-
cient diftrefs cannot be found of the goods and chattels of thq
faid J. B, whereon to levy the faid fum of
that then you certify the fame to me, together with this warrant.
Given under my hand and feai, the day of

17 CD.

N\ XXXVII.

Return of the conftable to be made upon the warrant of

diftrefs, when there are no^efFefts.

I A. B. conftable of the (pari/h, &c.) of ^
in the {county) of do hereby certify and make

oath, that, by virtue of this warrant, I have made diligent
fearch for the goods of the within named
and that I can find no fufficient goods whereon to levy the with-
in fum of as witnefs my hand, the
day of 17

A.B.
Sworn before me the day and
year, &c, C. D.

N^ XXXVIII.

Warrant of diftrefs for nonpayment of money charged by

an afTeflment.

Middlefex. To the (conftable) headborough) tithingman^ of

in the faid (county).

WHEREAS by an afleflment made upon the occupiers of
lands, tenements, woods, tithes, and hereditaments,
within the {parijhy &c.) of in the faid {county,^

for the purpofes of, &c, {asflated in the jufiice^' orderly purfuant
to an order of juftices for that purpofe, according to the direc-
tions of the a6l, pafled in the thirteenth year of the reign of his.
majefty King George the Third, '^ For the amendment and pre-
•^ fervation of the highways," J. B. was charged the fum of
as his ftiare and proportion of the faid affefTment, iqi
refpe^l of the lands, tenements, woods, tithes, and heredita-
ments, which he occupied within the faid {parifh^ &c,) : and
whereas it appeas to me, upon the oath of
that the faid fum of hath been duly demanded

from the faid A. B, and that he hath refufed to pay the fame
for the fpace of ten days after fuch demand made, thefe are
tlverefore, in his Majefty's name, to command you to levy the
faid fum of by diftrefs of the goods and chattels of

the faid A, B, and if the fame ftiall not be paid within the fpace
of four days next after fuch diftrefs by you taken, together with
the reafonable charges of taking and keeping the fame, that you
do then fell the faid goods and chattels fo by you diftrained;
aniout of the money arifing by fuch fale, that you do pay un-^

K 3 tQ

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24^ Anno decinao tcrtio Gegrgii III'. C. 78. [17^3.'

to C. D. the furveyor of the highways for the faid (parijb^ Uc)
of the faid fum of to be employed

for the purpofes aforefaid ; and that you do return the furplus
thereof to the faid J. B, (the reafonabie charges of taking, keep-
ing, and felling the faid dirtrefs, being iirft dedu6ted); and if
fufficient diftrefs cannot be found of the goods and chattels of the
faid J. B, whereon to levy the faid futn of
that then you certify the fame to me, together with this warrant*
Given under my hand and feal, the day of 17

N^ XXX IX.

Commitmenc for want of dlftrefs.

Middlefex, To the (conftable) of in the faid

county^ and to the keeper of the common gnol [or^ the houfe of
corredion) at in the faid county,

WHEREAS A. B, of in the faid county,

{yeoman)^ was, on the day of con-

vi6led before me, C. D. efq^ one of his Majefty's juftices
' of the peace in and for the faid county, upon the oath of £, F.
a credible witnefs, for that he, the faid J. B, [Here fet forth
the offence f\ contrary to the ftatute made in the thirteenth year of
the reign of his majefty king George the Third, '^ For the a-
*' mendment and prefervation of the highways," by reafon
v;hereof the faid A. B. hath forfeited the fum of
And whereas, on the day of in the year

aforefaid, I did ilTue my warrant to the {conffable) of
to levy the faid fum of by diftrefs and fale of the

goods and chattel^i of him the faid A. B. and to diftnbute the
fame according to the directions of the faid llatute : and where-
as it duly appears to me, upon the oatfi of the faid [conftable)^
that the faid {conjlable) hath ufed his beft endeavours to levy the
faid fum on the goods and chattels of the faid y/. B. as afore-
faid, but that no fufficient diftrefs can be had whereon to levy
the fame, thefe are therefore to conxmand you, the fiid [con-
/table) of aforefaid, to apprehend the faid A, B. and

him fafely to convey to the common gaol, (or, hotfe of correc-
tion) at in the faid county, and there deliver him to
the keeper thereof, together with this precept ; and I do here-
by alfo command you, the faid keeper, to receive and keep in
your cuftody the faid A. B. for the fpace of three months, un-
Jefs the faid fum dial! be fooner paid, puiTuant to the faid con-
vi(5lion and warranty and for fo doing this Ihall be your fuffi-
cient warrant.

Given under my hand and feal, the

day of in the year of our Lord 17

CD.

In the cafe of a commitfnent for the want of payment of money due
by an affeffment^ it mujl be^ (to receive, and keep in your cuftody,
until he (hall have paid the faid fum of and the

further

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1 773-] A""^ decimo tertio Georgii III. c. ^o^. H7

further fum of being the cofts and charges

occafioned by his negled in paying the fame}.

N^ XL.
Notice of appeal to the quarter feflions;
/ B take notice, That I intend to appeal to the next gene-
-^* ral quarter feffions of the peace to be holden for the
(county, &c). of againft an order, (conmmon, or

other proceeding, as the cafe may he, particularly fpectfywg the pur-
port of fuch order, &c. and affigning the gruvance, and cauje of
complaint,)

Dated the day of 17 ^' J^*

CAP. LXXIX.

An a5f for the more effectual preventing the forging of the
notes or bills of the governor and company of the hank of
England ; and for the preventing the obtaining a falfe cre-
dit, by the imitation of the notes or bills of the faid gover^
nor and company.

WHEREAS /rjKi5 have lately been committed by forgifJgp^^^^^^^^
the notes and bills of the governor and company of the bank of
England, not with/landing the Jiatute snow in force for puniflnng and
fupprefRng the fame ^ for the more effeaual preventing fuch prac-
tices, be it enaaed by the King's moft excellent raajefty, by
and with the advice and confent of the lords fpintual and tem-
poral, and commons, in this prefent parliament affembled, and
by the authority of the fame, That from and after the twenty
ninth day of September, which (hall be m the year of our Lord ^f^^^. S^p^^^^^
one thoufand feven hundred and feventy-three, if any perfon or ,773, perfons
perfons, (other than the officers, workmen, fervants, or agents, making
for the time being, of the faid governor and company, to be JJouW^,^^
authorifed and appointed for that purpofe by the faid governor ^^^ f^^^-^^-
and company, and for the ufe of the faid governor and compa- papernotes of
ny only), (hall make or ufe, or caufe or procure to be made or the bank of
ufed, or knowingly aid or alTift in the making or ufing ; or England,
(without being authorifed and appointed as aforefaid) (hall
knowingly have in his, her, or their cuftody or poffefTion, (with-^^ h^^i\ng In
out law'ful excufe, the proof whereof (hall lie upon the perfon their cuftody
accufed^ any frame, mould, or inftrument, for the making of moulds or in-
paper, with the words Bank of England, v\m^ in the ^^^ft^nce ft;'«^^^^^^^^^
of fuch paper; or (hall make, or caufe or procure to be made, ^ ^ *
or knowingly aid or affift in the making any paper, in the fub-
ftance of wivich the faid words. Bank of England, (hall be vifible ;
or if any perfon, (except as before excepted) after the faid
twenty-ninth day of September, fliall, by any art, myftery, or
contrivance, caufe or procure the faid words, Bank of England^
to appear vifible in the fubftance of any paper whatfoever, or
knowingly aid or afTift in caufing the faid words, Bank of Eng^
land, to appear in the fubftance of any paper whatfoever; every ^o be adjudged
perfon fo offending in any of the cafes aforefaid, and being guilty of fdo-

R 4 therc-^

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248 Anno decimo tertio GeoRGII III. c.79. [1773J

ry, and fuffer thereof lawfully convided, fhall, for fuch offence, be deemed
death. ^nd adjudged a felcn, and (hall fuffer death as in cafes of felo-

ny, without benetit of clergy.
Perrons en- H. And whereas wiwary and other perfons have taken in payment^

graving, cut- and otherwife received^ notes^ inland bills^ and bills of exchange^ with

ting, or etch- certain toords and chnra^ers fo nearly refemblins. the no.es and bills of
ing, in mezzo- J 7 r • ■, , . -^ ^ -^ r i r i i

tin to notes to -^^^ j^^d governor and company^ as to appear to Jucb perjons to be the

reletTible in- notes or bills of the bank <?/' England, which^ if continued to be' done ^
land bills, pro- will be to the great prejudice ofpublick credit-^ be it therefore ena6led^
Tniffory notes, j^y ^^^ authority aforefaid, That from and after the faid twenty-
chanee^&c.- ^^"^^^ ^^Y ^^ September^ if any perfon or perfons without being au-
thorifed and appointed as aforefaid, (hall eqgrave, cut, etch, or
fcrape in mezzotinto,or (hall caufe or procure to be engraved, cut,
etched, or fcraped in mezzotinto, or (hall knowingly aid or affift
in the engraving, cutting, etching, or fcraping in mezzotinto, in
or upon any plate or copper, brafs, (leel, pewter, or of any other
nietal or mixture of metals, or upon wood, or any other mate-
Tial, or any plate whatfoever, any prom/iiTory note, inland bill, or
bill of exchange, or blank promiffory note, inland bll, or bill of
exchange, or part of a promifTory note, inland bill, or bill of ex-
change, containing the words. Bank of England^ or Bank Poji
Billy or any word or words expre(rmg the fum or amount, or
any part of the fum or amount of fuch promifTory note, inland
bill, or bill of exchange, in white letters or figures on a black
ground; or fhall ufe any fuch plate fo engraved, cut, etched, or
fcraped in mezzotinto, or (liall ufe any other in(l:rument for the
making or printing any fuch promifTory note, inland bill, or bill
of exchange, or blank promifTory note, inland bill, or bi'l of
texchange, or part of a promiflbry note, inland bill, or bill of
exchange ; if any perfon, without being authorifed and appoint-
and aft^rDec. ed as aforefaid, (hall, after the twenty-fifth day of Dece7nber,
as, (hall wii- which fhall be in the year of our Lord one thoufand feven hun-
fully publilh (j^ed and feventy-three, knowingly have in his, her, or their
^^^^ P'"^'^'^'^'cu(lody, any fuch plate or inftrume'nt, or (hall knowingly and
land b^iUs Sec. wilfully utter or pubUfh any fuch promiffory note, inland bill,
or bill of exchange, blank promifTory note, inland bill, or bill
of exchange; every fuch perfon fo offending in any of the cafes
aforefaid, and being convi6ied thereof according to law, fhall be
itted^not^x- committed to the common gaol of the county or place where the
ceedmg Ti;?. offence fhalj be con^mitted, for any fpace not exceeding fix
months. months.

Ill, Provided always, and it is hereby enac51ed, TItat nothing
This a<5> not herein contained (hall extend, or be conftrued to extend, to fuch
to extend to perfon or perfons who being at any time hereafter poffeffed of

feffed'^oF^ru' h ^^y ^^"^^^ "^^^ ^^ ^'^^^^ ^'^^^^ ^^^y "^^^^ ^^^^ ^^^^ ^y ^^^^yi^'^g the
rotts carrying fame for [)ayment to the iffuer or iffuers, drawer or dravv^ers, ac-

the (ame for cepter or accepters, indorfer or indorfers thereof refpe6lively, or

payment/ ufing proper means to conipel the payment of ^ny fuch note or

bill.

CAP,

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1773-] Anno decimo tertio Georgii III, C. 8o. 249

CAP, LXXX.

An a 51 to repeal an a5l^ made in the tenth year of the reign
of his prefent Majejly^ intituled^ An a6t for the better
prefervation of the game within that part oi Great Bri-
tain called England'^ and for making other proviftons in
lieu thereof,

WHEREAS by an a5fy paffed in the tenth year of the reign Preamble.
of hh prefent Majejiy, intituled^ An ad for the better pre- A6t loGeo.ja
fervation of the game in that part of Great Britain called Eng^
landy certain penalties and punijhments were inflicted on perfons
killing and dejir eying game in the night, between one hour after fun-
fet and one hour before fun- rife : and whereas fome doubts have arifen
concerning the conflru5lion offome parts of the faid a5l^ and fome in-
conveniencies have followed therefrom \ therefore, for obviating fuch
doubts, and for remedying fuch inconveniencies, may it pleafe
your Majefty that it may be enadled; and be it enadted by the
King's moft excellent majefty, by and with the advice and con-
fenr of the lords fpiritual and temporal, and commons, in this
prefent parliame.u affembled, and by the authority of the fame.
That from and after the twenty fourth day of June^ one thoufand Rules to be
feven hundred and feventy three, if any perfon or perfons fhall obferved, (af-
knowingly and wilfully kill, take, or deftroy any hare, pheafant, j^^^J^by pe*i-.
partridge, moor game, or heath game, or ufe any gun, dog, fons killing or
fnare, net, or other engine, with intent to kill, take, or deftroy, taking hares,
any hare, pheafant, partridge, moor game, or heath game, in pbeafantsjpar-
the night, that is to fay, between the hours of feven of the clock ufinl^a gim^^
at night and fix in the morning, from the twelfth day of O^ober dog, net, or
to the twelfth day oi February^ and between the hours of nine of engine,
the clock at night and four in the morning, from the twelfth day
oi February to the twelfth day of October ^ every fuch perfon, being
convi6ted thereof, upon the oath or oaths of one or more credi-
ble witnefs or witnelTes, before one or more juftice or juftices of
the peace, ading for the county, riding, or place, where the of-
fence (hall be committed, fhall forfeit and pay, for the firft offence,
any fum not exceeding twenty pounds, nor lefs than ten pounds;
and for the fecond offence, any fum not exceeding thirty pounds,
nor lefs than twenty pounds: but in cafe any information (hall HowofFendcrt
be made upon oath, as aforefaid, before any juftice or juftices, are to be pu-
againft any perfon offending againft this a6V, and if it (hall ap- ^^^^d»
pear that fuch offender hath already been convi6led of a firft and
fecond offence againft this a6t; then, and in fuch cafe, fuch ju-
ftice or juftices (hall and may commit fuch offender to the com-
mon gaol, or houfe of corredlion, for the county, riding, or place,
there to remain till the next general quarter feffion of the peace
for the faid county, riding, or place, lunlefs fuch offender (hall
have entered into a recognizance, with two fufficient fecurities,
to appear at fuch general quarter feffion, then and there to be
tried by indiftment for the faid offence^ and alfo ftiall and may

bind

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250 Anno decimo tertio Georgii III. c.8a [1773.

bind over the informer to profecute the faid offender by indidl-
ment as aforefaid : and the juftices, at their faid general or
quarter feffions, (hall and may dire6l the faid indidtinent to be
tried accordingly ; and if upon fuch indi6tment fuch offender (hall
be convicSted, he fliail forfeit and pay in court the fum of fifty .
pounds : and in cafe lie fhall negledt or refufe to pay the faid fum
ot fifty pounds, he fliall be committed to the common gaol or
houfe of corredion,^ for fuch county, riding, or place, for any
term not lefs than fix nor m.ore than twelve calendar months,
unlefs fuch penalty (hall be fooner paid; and fuch offender (ball,
if the juftices think proper, be once publickly whipped for fuch
offence at the expiration of fuch commitment, in the town or
place where fuch gaol, or houfe of correction, fliall be, between
the hours of twelve and one of the clock in the day.

II. And be it further enacfted. That the juflice or juftices be-
fore whom any offender (hall be convicted as aforefaid, ihall
caufe the faid convi6lion to be made out in the manner and form
following; that is to fay.

Form oFcon- T> E // revieinhered^ That on the day of

vi<^ion. XJ in the year of our Lot d,

A. B. h conviSled before me one of his

Majeflys juflices of the peace for the county of
(fpecifying the offence, with the time and place where the fame
was committed, and alfo fpecifying that it was the firft or fecond
offence againfl: this acff, as the cafe (liall be).

Given under my hand and feal the day and year aforefaid.

Which convicftion the faid juftice (liall caufe to be fairly wrote
over upon parchment, and returned to the next general quarter
feffion of the peace for the county, riding, or place, where fuch
convi6):ion was made, to be filed by the clerk of the peace, and
remain, and be kept among the records of the county.
Clerk to deli- III. Provided always, and be it furtfier enaded by the autho-
yer a copy oF ^ity aforefaid. That it (hall and may be lawful for any clerk of
pavmfntofTs. ^^^ P*^^^^ ^^^ ^"Y county, riding, or place, and he is hereby re-
^ ^ ' quired, upon application made to him by any perfon or perfons

for that purpofe, to caufe a copy or copies of ai^y conviction or
convidions, filed by him under'the dire6lions of this acl, to be
forthwith delivered to fuch perfon or perfons, upon payment
of one fhilling for every fuch copy.
Penalties and IV. And be it further enacled by the authority aforefaid. That
forteitures the pecuniary penalties and forfeitures hereby to be incurred and
how to here- ^^^q payable upon any convicftion, for a firft and fecond offence
covered. againft this a61:, and alto for a third offence, upon conviction at

the quarter feffions, as aforefaid, together with the cofts and
charges previous to and attending fuch convidion, to be afcer-
tained by the juftice or juftices before whom any offender (hall be
convicSled, (hall be forthwith paid by the perfon convided, one
moiety of the forfeiture to the informer, and the other moiety to
the poor of the pariih or place where the offence fnall be com-
mitted,

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1 773-1 Anno decimo tertio Georgii llh c. 8o, 25 1

mitted : and in cafe fuch perfon fliall refufe or neglecl to pay the
fame, or to give fecqrity for the payment thereof, fuch jufticeor
juftices fhall, by warrant under his or their hand and feal, or
hands and feals, caufe the fame to be levied by diftrcfs and fale
of the offender's goods and chattels, together with all cofts and
charges attending fuch diftrefs and fale, returning the overplus
(if any) to the owner; and it (hall and may be lawful for fuch
juftice or juftices to order fuch offender to be detained in fafe
cuftody, until return may conveniently be had and made to fuch
warrant of diftrefs, unlefs the party fo convided Hiall give (uffi-
cient fecurity, to the fatisfadion of fuch juftice or juftices, for his
appearance before the faid juftice or juftices, on fuch day as fhall
be appointed by the faid juftice or juftices for the day of the re-
turn of the faid warrant of diftrefs, fuch day not exceeding feven
days from the time of taking fuch fecurity ; which fecurity the
faid juftice or juftices are hereby impowered to take by way of re-
cognifance, orotherwife: but if upon fuch return no fufficlent
diftrefs can be had ; then, and in fuch cafe, the faid juftice or
juftices ftiall and may commit fuch offender to the common gaol,
or houfe of corredion, of the county, riding, or place, for the
fpace of three calendar months, unlefs the money forfeited (hall
be fooner paid, or until fuch offender, thinking him or herfelf
aggrieved by fuch convidlion, ih^W give notice to the informer,
that he or fhe intends to appeal to the juftices of the peace, at the
next general quarter feftion of the peace to be held for the coun-
ty or place wherein the caufe of complaint (hall arife, and fhall
enter into recognifance before fom.e juftice or juftices, with two
fufHcIent fecurities, conditioned to try fuch appeal, and to abide
the order of, and pay fuch cofts as (hall be awarded by the ju-
ftices at fuch quarter feffions ; which notice of appeal being not
lefs than fourteen days, before the trial thereof, fuch perfon fo
aggrieved is hereby impowered to give, and the faid juftices, at
fuch feflion, upon due proof of fuch notice being given as afore-
faid, and of the entering into fuch recognizance, ihall hear, and
finally determine the caufes and matters of fuch appeal in a
fummary way, and award fuch cofts to the parties appealing or
appealed againft, as they the faid juftices ftiall think proper; and
the determination of fuch quarter fefiions ftiall be final, binding,
and conclufive to all intents and purpofes whatfoever.

V. And be it further enaded. That all the provifions of the Provifions of
faid recited ad:, ftiall be, and are hereby declared to be, repealed. '^ ^^o- 3-

VL And be it enaded by the authority aforefaid, That from ^^P^^^^^-
and after rhe faid twenty-fourth day of 7//;7^, one thoufand feven Penalties for
hundred and feventy-three, if any perfon or perfons (hall, upon ^^^^^^ly^^'Hiog
a Sunday^ or on Chriftmas Day^ in the day-time, knowingly and f^JTin on a'"^
wilfully take, kill, or deftroy, any hare, pheafant, partridge, heath Sunday or
game, or moor game, or (hall, upon a Sunday^ or on ^Cbrijimas Chriitma$
Day^ ufe any gun, dog, net, or engine, for taking, killing, or ^^-^^
deiVoying, any hare, pheafant, partridge, moor game, or heath
game; every fuch perfon, being convided thereof, in the man-
ner and form prefcribed by this aft, fliall be fubje6t to the like

for.

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t52 Anno decimo tertio Georgii III. c.8o. [1773.

forfeitures and penalties as are herein-before enadled to be in-
Aided for other offences againft this ad.
How penalties "^I^; And be it further enadted. That in cafe any perfon (hall
for offences commit an offence againft this a6t, whereby a penalty or puaifh-
committedare ^ent is incurred, and dwells in another county than in that in
^o^e recover- ^[-^jch the offence was committed, the juflice or juftices, before
whom fuch information or indidfrient was had or made, may
dire6l his or their warrant of apprehenfion, and of diflrefs and
fale, to any conftable within fuch county, riding, or place, where
the offen e was committed, to be by him carried to the juftice
near refiding to the place where the offender dwells in fuch other.
county, riding, or place, to be figned by him on the back of the
faid warrant, upon proof on oath of the hand- writing of the ju-
ftice who firft granted the warrant ; which indorfement fhall be
fufficient authority for the conftable of fuch parifh or townfhip
"where he dwells, or where his goods and chattels, or diftrefs,
are to be had and found, or for foch conftable who ftiall bring
the faid warrant to be indorfed, to apprehend and convey fuch
offender before the juftice who firft granted the warrant, or any
other juftice or juflices of that county where the offence was
committed, or for fuch conftable to levy fuch penalty, by diftrefs
and fale, in the fame manner, and with the fame powers, as
might have been done if the perfon had lived in the county, rid-
ing, or place, where the offence was committed; and alfo, in
cafe where no fufiicient diftrefs can be had or found, to convey
the offender before the juftice who firft granted the warrant of
diftrefs, or any other juffice or juftices of that county where the
offence was committed, to be dealt with according to law; and
the juftice of fuch other county who indorfed the warrant of di-
ftrefs or apprehenfion fhall dired fuch conftable, or other perfon
taking and making fuch diftrefs and fale, to deliver over any fums
of money for penalties arifmg from fuch diftrefs and fale to the
juftice of the county who firft granted the warrant, to be by him
diftributed according to the meaning of this a6t : and in cafe fuch
conftable or other perfon (\\2l]\ negled or refufe to pay fuch fums
of money, or deliver overall proceedings had upon fuch diftrefs and
fale, or warrant of apprehenfion, fuch juftice who firft granted
the warrant, or the juftice who indorfed it, may commit fuch
conftable, or other perfon fo refufing or negledingto account for
the fums of money received, or deliver over the proceedings fo
had thereupon, to the common gaol, or houfe of corredion, for
the fpace of fix months, or until the money fhall be paid, and
the proceedings delivered over to the juftice who firft granted the
warrant; or in cafe of his abfence or death, to any other juftice
of the fame county, to be by him diftributed according to the
true intent and meanin : of this ad : and that no adion of tref-
pafs, fdlie Jmprifonment, information, or indidment, or other
adion or appeal, fhall be brought, fued, commenced, or profe-
cuted, by any perfon or perfons whatfoever, againft: the juftice of
fuch other county who indorfed fuch warrant, for or by reafon of '
his indorfins; the fame.

VIII. Pro-
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I773-] Anno decimo tertio Georgii III. c 8 1; 253

VIII. Provided always, and be it further enaded. That no Proceedmgs
order made concerning any of the matters aforefaid, or any other "^^^^^^^^^^
proceedings to be had touching the convicftion or convidions of ^^^t of form,
any offender or offenders againft this a^, fhall be qualhed for nor remove-
want of form, or be removed by writ of Certiorari, or any other able by Cer^
writ or procefs whatfoever, into any of his Majefty's courts of ''''''''
record at Wejlminjler, , , • n

IX. Provided alfo. That no perfon (hall be proceeded agamft No perfon to
for any of the offences againft this adt, as aforefaid, unlefs infor- be proceeded
mation fhall be made thereof upon oath before fome juftice ^^\l^^^^^^^^
the peace for the county, riding, or place, wherein fuch offence ^^ ^^^ ^^
Ihall be committed, within one calendar month after fuch of- oath,
fence (hall be committed.

CAP. LXXXI.

An a5l for the better cultivation^ improvement^ and regulation
of the common arable fields^ wafies^ and cojnmons of paflure^
in this kingdom,

WHEREAS there are, in fever al parijhes and places in this Preamble.
kingdom, feveral wajles and commons, and fever al open and
common fields, ivhich, by reafon of the different inter efts the feveral
land oivners and occupiers, or perfons having right of common, have
in fuch waft es, commons, and fields, cannot he improved, cultivated, or
enjoyed, to fuch great advantage for the owners and occupiers thereof^
and perfons having right of common, as they might be, and are capable
of, if an improved courfe of hufi?a72drywas to be purfued, refpe^ing
fuch open and common fields, in each parifio refpeBively, and fuch ivaftes,
or commons of paftures, were to be properly drained, or otherwife
amended', may it therefore pleafe your Majefty that it may be en-«
adled; and be it enaded 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 in every parifh or place How arable
in this kingdom, where there are open or common field lands, lands a)all h^<
all the tillage or arable lands lying in the faid open or common ^"^^ '
fields ftiall be ordered, fenced, cultivated, and improved, in fuch
manner, by the refpe6live occupiers thereof, and fhall be kept,
ordered, and continued, in fuch courfe of hulbandry, and be
cultivated under fuch rules, regulations, and reftri6lions, as three-
fourths in number and value of the occupiers of fuch open or
common field lands in each parifti or place, cultivating and tak-
ing the crops of the fame, and having the confent of the owners
in manner herein-after mentioned, and likewife the confent of
the redor, impropriator or tithe owner, or the leffee of either of
them refpedively, firft had in writing, ftiall, at a meeting, (in
purfuance of notice for that purpofe, in writing, under the hands
of one-third of fuch occupiers, to be afBxed on one of the prin-
cipal doors of the parifti church, chapel, or place, where meet-
ings have been ufually held for fuch parifti or place refpectively,
twenty-one daysj at ieaft^ before fuch meeting, fpecifying the

time

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^54 Anno declmo terdo Georgii lit. c. Su [1773^

time and place of fuch meeting), by writing under their hands^
conftitute, dired:, and appoint; and which notice any of fuch
occupiers are hereby authorifed and impowered to give.
RuTesnotto II. Provided always. That the rules, regulations, and re-

bfndTnl^than ^^^^^^"^"'^ ^° agreed upon, (hall not be in force, or binding upon
6- yearns. ^^"'Y ^f the parties thereto, for any longer term than fix years, or

two rounds, according to the ancient and eftablifhed courfe of
each paril'h or place refpeciively.
hlw'^to^'b^'' HI. And be it further enacted by the authority aforefaid, That
poiTued. ^ ^^^' ^^ ^^^^y ^"^^ iTieeting to be had as aforefaid, it (hall and may be
lawful to and for the major part in number and value of the oc-
cupiers (then prefent) of fjch open or common lield lands, in
each pari(h or place refpedlively, to G]f^S: and chufe one or more
proper perfon or perfons as field ma(ier or field reeve, field
mafters or field reeves, to fuperintend the ordering, fencing, cul-
tivating, and improving of fuch open and common fields, and
to fee that the fame are kept, ordered, and continued, in fuch a
courfe of hulbandry, as (hall be conftituted, direded, and ap-
pointed, at fuch meeting, in manner aforefaid ; and that fuch
field mafler or field reeve, fo to be eleded and chofen as afore-
faid, (hall continue in the faid office until the twenty-firft day of
JUay^ then next following, or within three days after, and no
longer, unlefs he or they (hall be thereto re-elecled and chofen
in manner herein-after dire6ted.
ExpeTiceshow IV. And be it further enaded by the authority aforefaid, That
to be defray- all cofls, charges, and expences, neceiTary for the carrying on
^d. any fuch plan of ordering, fencing, cultivating, or improving,

into execution, as (hall be agreed upon in manner aforefaid, and
which Ihall, at any meeting to be held after fix days notice hav-
ing been given in manner herein-before direcfted, by the major
part in number and value of the occupiers aforefaid then prefent,
be deemed common expences, and, for the general benefit of
the faid occupiers, fhall be borne, paid, and defrayed, propor-
tionably by all the occupiers of fuch open and common field
lands, according to the value of the lands and grounds each per-
fon or perfons (hall have in fuch open and common field lands;
and for the raifing the fame, one or more afTefTment or affeflrnentSj
upon all and every the occupiers of common field lands in each
parifh refpectively, (hall be m*ade, levied, and collected, by fuch
perfon and perfons, and allowed in fuch manner, as fuch majority
of the occupiers of fuch open and common field lands, at fuch
meeting to be had aforefaid, (hall dire6l and appoint in that be-
half; and the money thereby raifed (hall be employed and ac-
counted for, according to the orders and dire6lions of fuch ma-
jority of the occupiers of fuch common field lands, for and to-
wards the better cultivation of the faid common field landsj from
time to time, as need (hali require; and tlie faid afTefrments
(hall, by virtue of a warrant under the hand and feal of oneju-
flice ot peace of the county wherein fuch common field lands
lliall lie, be levied by difi:refs and fale of the goods and chattels
of every perfon fo aiTefied and not paying the fame, within ten

days

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1773'] A"^^ decimo tertio Georgii III. c. 8i. 255

days after demand, rendering the overplus of the value of the
goods fo diflrained (ifany) to the owner or owners of fuch goods
and chattels, after deducing the cofts and charges of taking and
making fuch diftrefs and fale.

V. And be it further enabled by the authority aforefaid, That Occupiers of
it fliall and may be lawful to and for the occupiers of open and comnnon field
common field lands, in any parifh or place where any rules, or- l^n^s in every
ders, or regulations, fhall have been agreed upon, for the order- ^ffeiiil^fe^rnd'
ibg, fencing, cultivating, or improving of fuch lands in purfu- ek-a field
ance of this a6l, and they are hereby required to meet and afTem- reeves.

ble at fome convenient place, yearly, and every year, on the
twenty-fird day of May ^ or within three days after, in purfuance
of fix days notice to be given of the time and place of fuch
meeting by one-third of the occupiers, in manner aforefaid,
then and there to eledl and chufe one or more proper perfon or
perfons to be the field mailer or field reeve, field mafters or field
reeves, for the year enfuing ; and that fuch perfon or perfons
who Ihall, by the major part of the occupiers of the faid lands,
prefent at fuch meeting, be chofen field mafter or field reeve,
lield mafters or field reeves, to fuperintend the ordering, fencing,
cultivating, and improving of the faid common field lands, and
to fee that the fame are cultivated according to the rules, orders,
and regulations, agreed upon at the general meeting for that pur-
pofe, and fliall continue in the faid office for one whole year,
unlefs he (hall die, or be removed, by virtue of the power and
authority herein-after given in that behalf*

VI. Provided always, and be it ena6fed by the authority afore- New field
faid. That ifany field mafter or field reeve, fo to be chofen in ^^^^^^ ^« J^.^
purfuance of this a^, Hiall, within the year in which he [hall be piH ot'thofe
fo chofen, refufe or negled to attend the faid bufinefs, or (hall die, who (hail die,
or remove to an inconvenient difiance, or become bankrupt, or ^^ »eruie to
have execution againft his body or goods, or by ficknefs, or other- ^^'^^^'^•
wife, be rendered incapable of executing his faid office; that

then, and in either of the faid cafes, it fnali and may be lawful
to and for the occupiers of the faid lands, (after fix days notice
for that purpofe to be given in manner aforefaid), to elecl and
chufe, in manner aforefaid, one other fit and proper perfon to be
the field mafler or field reeve for the remainder of that year, in
the pface and flead of the former ddd mafter or field reeve falling
under either of the defcriptions aforefaid.

VII. And be it further enac^ted by the authority aforefaid, Occvip'iers at
That it (hall and may be lawful to and for three-fourths in num- n^e<^tings, to
ber and value of the occupiers of open and common field lands, ^^'''^ ^^-"^ ^''^^
prefent at any meeting to be held in purfuance of fourteen davs cLTo^fe'd
notice at lead, previous to the ufuai time of opening fuch com- lands!

iBon field lands, to be given for that purpofe, in manner afore-
faid, t'o polipone the opening fuch common field lands for fuch
reafonable time as at fuch meeting (liall be thought necefiary by
fuch majority as aforefaid, and to fettle and determine how lonc^
fuch common fields (hall continue open, and to limit and fettle
the number of cattle each occupier in fuch pari(h or place (hall
3 re-

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256

Cottagers not
to be excluded
having right
of common.

How common
field lands
may be enjoy-
ed differently
by occupiers.

Saving of
right to per-
fons poflefTed
of fe pa rate
Iheep walks,
&c.

Anno decimo tertio Georgii III. c. 81. [1775*

refpeflively turn on fuch common fields, in due proportion to
the flint or eftablifhed ufage in fuch parifh or place.

VIII. Provided always, neverthelefs, and be it ena6led by the
authority aforefaid. That nothing in this ad contained fhall be
conftrued to extend to exclude any cottager, or other perfon or
perfons whomfoever, having right of common, and having no
land in any of the faid common fields from having and enjoying
his or their right of common, in as full and ample manner as he
could and might have enjoyed the fame before the paffing of this
a6f , unlefs fuch cottager, or other perfon, fhalJ,^t any meeting to
be held by the occupiers of fuch common field lands, in manner
aforefaid, confent or agree, in writing to a compofition for fuch
right, by an annual payment, or other annual advantage or com-
penfa(ion,or to a limitation thereof; in which cafe fuch confent
and agreement (hall be binding and conclulive upon every fuch
perfon fo agreeing, his heirs and afligns, tenants and occupiers,
until fuch time as the rules, orders, and regulations, for the or-
dering, fencing, cultivating, and improving of the faid common
field lands, exifting at the time of giving fuch confent, (hall ex-
pire.

IX. Provided always, neverthelefs, and be It further enacfled
by the authority aforefaid. That if the occupiers of the faid com-
mon field lands (hall, at times when the faid fields have been
ufually enjoyed in common, confent and agree not to departure
the fame in common, and (hall allot and fet apart what (liall be
deemed by a majority of fuch cottagers, who (hall not have agreed
to compound for or limit their right of common, as aforefaid, a
fufficient and equivalent common for fuch cottagers, and other
perfons, as aforefaid, to be enjoyed exclufively by them ; that
then, and in fuch cafe, fuch cottagers and other perfons (hall not
ufe, exercife, or enjoy their right of common, over fuch parts of
the faid common field lands, as are not ufed in common by the
occupiers thereof, but only over fuch part thereof as (hall for fuch
time be allotted them for that purpofe, and fet apart as aforefaid j
any law, ufage, or (latute, to the contrary norwithftanding.

X. Provided always, and be it enaded by the authority afore-
faid. That nothing herein contained (hall exclude any perfon or
perfons feized or polTeiTed of a feparate (heep walk, or pafture of
cattle, in or over all or any of the common field lands in any pa*
ri(h or place, or in or over any part thereof, from ufing, exer*
cifing, and enjoying, fuch right, in as full and ample manner, to
all intents and purpofes, as he might or could have enjoyed the
fame before the pa(rmg of this a6l, unlefs fuch perfon or perfons,
having fuch right as aforefaid, fhall confent or agree in writing
at any meeting of occupiers, to be held as aforefaid, to a compo-
fition for the fame, or a limitation thereof; in which cafe, every
fuch confent and agreement (hall be binding and conclufive upon
every perfon fo agreeing, and upon every other perfon coming to
the pofTeflion of fuch (heep walk or pafture for cattle, by defcent,
or otherwife, until fuch time as the rules, orders, and regulation?^.

for

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1773*3 Anno dccimo tertlo Georgii lit. dSti 257

for the cultivation of the faid common field lands, exifting at the
time of entering into fuch agreement, fhall expire.

XL Jnd whereas halks^ flades^ or rneers^ which may be wafte^ do
often lie very inconveniently interfperjed amongfl the arable lands in
common fields^ be it further enaded by the authority aforefaid, Balks,_nades,
That it ftiall and may be lawful to and for any perfon or perfons <-^c. with con-
whomfoever, having land in any open or common fields adjoin- }q"^s°£4 may
ing to any fuch balks, flades, or meers, being wade, with ihe ^^ plowed^
confent of the lord or lords, lady or ladies, of the refpedive manors
wherein fuch balks, flades, or meers, do lie, and likewife of the
perfon or perfons who may have a ieparate fheep w^alk in the faid
fields, and whh the confent o\ three-fourths in number and value
of the occupiers of fuch common field lands, to be fignified at
any meeting to be held in n)anner aforefaid, to plow up any of
the faid balks, flades, or meers, and convert the fame into tillagCj
under the regulations to be fettled as aforefaid.

Xir. Provided always, nevertheiefs, and be it enaded. That Balks, &c,
no balk or meer, that has heretofore been ufed as a publick road, ufed as roads
or as a private road, by any perfon or perfons, to or from his or plowed,
their own houfe or lands, be fo plowed up.

XIII. Provided alfo, and be it further enadled by the authority Regulationsto
aforefaid, That all and every perfon and perfons, who fhall have be obferved bjr
licence, in manner aforefaid, to plow up and convert into tillage, ^^lice^ce to"^
any balk, flade, or meer, fhall, before he or they begin to plow plow balks,
up the fame, lay down, in an hufband-Iike manner, under the &c.
dire6lion of the field mafler or field reeve for the time being, in

a more convenient part of the faid ^t\^^ as much of his or their
own land as fliall be equal in value to the land he or they fhall
fo have licence to plow as aforefaid ; and that fuch land fo laid
down (hall be common land, and fo continue until the regula-
tions then exifting for cultivating fuch common field lands, Ihall
expire.

XIV. Provided alfo, and be It further enafled by the authority Boundary
aforefaid, That the perfon or perfons plowing any fuch balk, f^ones to af-
flade, or meer, fhall, by proper bound flones, fufficiently mark ^^^^^^", ^^^^/
and diftinguifh the feveral lands plowed, and the feveral lands perty'^ma^^be
laid down in lieu thereof, fo that the property thereof, and each ere(5led.
perfon's right therein, maybe clearly known, and afcertained.

XV. And be it further ena6led by the authority aforefaid, That Lords of ma-
lt fhall and may be lawful to and for the lord or lords, lady or la- ^°^^» ^"^^ ^^^^^
dies, of any manor, with the confent of three-fourths of the per- thJee-fourths
fons having right of common upon the waftes and commons of perfons ha*
within his, her, or their manor, at a aieeting to be held after four- ving right
teen days notice, fuch notice to be given in manner herein-before of cojnmon
direcfted by the lord or lords, lady or ladies, of the manor, or their [^^elfth^pa^t
agent refpe6lively5 at any time or times, to demife or leafe, for of waftes,
any term or number of years, not exceeding four years, any part

of fuch waftes and commons, not exceeding a twelfth part there-
of, for the bed and mod improved yearly rent that can by publick,
audlion be got for the fame; and that the clear net rents referved ^"d the net
to the lord or lords, lady or ladies, his, her, or their heirs, exe- ^^"^,^ ^.^ j^^
Vol. XXX. S, cmors/PP'"^-^ ^^^

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^5^ Anno decimo tenlo GfeORGii III. C. gx. [1^73;

improving the cutors, adminlftrators, or affigns^ by any leafe or leafcs to h6
ibch wattes F^^^^^ 2s aforefaid, (hall be by him, her, or them, and the ma-
' jor part of his, her, or their tenants, applied in the draining,
fencing, or otherwife improving of the refidue of fuch waftes and
Cotrimons.
Afleflments to XVI. Provided always, neverthelefs, and be it ena6led by the
be levied for authority aforefaid, That in every manor where there are ftinted
of waiter'"^ commons, in lieu of demifing or leafing part thereof, one or more
where there aff^fltnent or afleffments upon the lord or lords, lady or ladies,
are ftinted of fuch manor, and the perfons being owners or occupiers of
commons. fuch commons, or their agents or managers, fhall dr may, at
their option^ be made^ levied, and colleded, by fuch perfon
and perfons, and allowed in fuch manner, as the lord or lords^
lady or ladies, of fuch manor, and the major part in number and
value of the owners or occupiers of fuch commons, prefent at a
meeting to be held within the faid manor, in purfuance of four-
teen days notice to be given by the lord or lords, lady or ladies^
or his, her, or their agent, in manner aforefaid, of the time and
place of meeting for that purpofe, fliall direa and appoint ia
that behalf; and the money thereby raifed fliall be employed and
accounted for, according to the orders and dire^ions of the faid
lord or lords, lady or ladies, and fuch majority of the owners or
occupiers, as aforefaid, in the improvement of fuch commons,^
from time to time, as need (hall require; and the faidaireffinents
Ihall, by virtue of a warrant under the hand and feal of one juftice
of the peace, be levied by diftrefs and fale of the goods and
chattels o[ every perfon fo aflefled, and not paying the fame
within ten days after being demanded, rendering the overplus of
the value of the goods fo diftrained (if any) to the owner and
owners thereof, the neceffary charges of making fuch diftrefs and
fale beitig firft deducted.

XVII. Jnd ivhereas there are^ in many parts of this kingdom y cer-
tain ftinted commons of^ pajhire ivhich are never enjoyed in feveraliy^
but which ore at certain titnes flmt up for the better growth of the
paflure^ and opefied on certain fixed day s^ from ivhich^ in particular
circumftances andfeafons, great inconveniences do and may arife.i be it

Stitited com- enabled by the authority aforefaid, That it (hall and may be law-
mons to be ful for the major part, in number and value of the owners and
Certain tlm^e ^^^"P^^^^ ^^ ^"^^^ Common paftures, prefent at a meeting to be
asowners,&c. ^^^^ ^^^^^ ^^ ^^Y^ notice at leaft given, in manner herein-befofe
at a meeting dire^ed, with the confent of the lord or lords, lady or ladies, of
thali direa:, the manor, or his, her, or their fteward or agent, to poftpoF^e
the opening of the faid common paftures for a time not exceed-
ing twenty. one days,

XVIII. And ivhereas there, are in ?nany places common pafures,
with fiinted or limited rights of cornmon therein^ which are open the'
%vhole year J and it would be attended with great advantages to the com^
moners to JJnit up and imftock the fame at particular jeafons , be it

cfco'li^m'onL ^"^^^^ '^Y ^"^^^ authority aforefaid, That it (hall and may be law-
with confent ' ^'-^^ ^"^ ^^^^^^ for two-thirds in number and value of fuch common-
of the lord of ers, at ^ meeting to be hoideu after fourtcea days notice given ia

6 aunner

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t77^-1 Aflno dedmci teftio (SEOkGli III. C. Sr* I59

itianner herein-before direded, With the confent of the lotd or themanor,&c,
lords, lady or ladies, of the manor or manors in which fuch com- "'f/^f„'^^^^^
mons are fituated, his, her, or their fteward or ftewards, agent oluttiii^ of
or agents, to diredl, order, and fix, the time when fuch common commoTi pa-
paftures (hall be broke or depaftured, arid when the fame (hall be ftures, &c,
fhut up and unftocked ; fuch orders to continue in force for one
whole year, and no longer.

XIX. Provided neverthelefs. That a portion of fuch conimon Provlfo re-
paftures (hall be feparated and fet apart for the ufe of fuch com- (^pe^ing per-
inorters exdufively as (liall not confent to fuch regulation, and ;^nti"g\^''"he
the portion fo fet apart (l^all be adjudged by a majority of fuch above regula-
commoners, not confenting as aforefaid, an equivalent for their tions.
rights of comnion.

XX. And whereas many Jlinted common pajlilres in this kingdom
are fed and depajiiired by horfes, heafls or neat cattle^ and in many in-

Jlances it ivould tend to the improvement of fuch common pafiures^ and
to the better manuring dnd cultivation of the arable lands in common
fields^ or othermfe^ to which fUch common pafiures may belongs if the
fame were fed with Jheep-y be it therefore ena6led by the authority
aforefaid. That it fhall and may be lawful to and for the major Perfons hav*-
part in number and value of the perforts haying right of common ing right of
in fuch common paftures, at any meeting to be held in purfuance ^g'^afture™^^
of notice, in writing, under the hands of a major part of fuch ^^l^ il[ftead
owners and occupiers of fuch common paftures, or perfons hav- of other eat-
ing right of common therein, to be affixed on the principal door tie.
of the pari(h church of the parifh where fuch common paftures
fhall lie, or of the neareft parifh church where fuch lands (hall
lie in an extraparochial place, ten days at leaft previous to fuch
meeting, fpecifying the time and place, and intent of fuch meet-
ing, by writing under their hands^ to alter and change the man-
ner and cuftom of feeding and depafturing fuch common pafturesjf
fo far as inftead of horfes, cows, and other cattle, to allow the
fame to be fed and depaftured with (heep, at the option of each
perfon refpe6lively having right of common; and to limit and
ftint the number of (heep each fuch perfon, having right of com-
mon in fuch common paftures, fhall refpe6lively feed and de-
pafture thereon, in due proportion to their refpedive ftints or
jfights.

XXI. And whereas the improvement of the breed of JJjeep is a mat^
ier of great national import anee^ and the turning of rams upon ivafles
and open common fields at certain times of the year has been found to

be very prejudicial 5 be it therefore ena61ed by the authority afore- Rams not to
faid. That no ram fliall be turned upon, or be fuffered to remain remain upoa
upon, any waftes or common fields, between the twenty-fifth Xu^^^^'^^to
day oiAuguft and the twenty-fifth day oi November in every year. ]sioy*%^.

XXII. And whereas feveral of the owntrs and proprietors of
wafteSy comm.ons^ and common field lands ^ may^ at the time of any meet^
ing to be held in purfuance of this a^f^ he incapable^ through various
impediments^ of entering into any of the agreements hereby author ifed
to be made^ for the better ordering^ fencings cultivating^ ajid improv^
ingy of common arable fields y lOaJies^ and commons of pafiure^ in this

s % king-^

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26o Anno decimo tertlo Georgii III. c. 8i. U72P

kifigdom^ zvithotit the aid and authority of parliament:, be it there-
Perfons for- fore further enabled. That it (hall and may be lawful to and for
merly under the hulbands, guardians, truftees, committees, or known agent
diiability, un- or receiver of any owner and proprietor of waftes, commons, and
may fign common field lands, and of any perfon having a right or intereft
agreements, therein, being under coverture, minors, lunaticks, or beyond the
feas, and for every or any of them for the time being; and alfo
to and for all and every or any of the faid owners and occupiers,
being tenants in tail, tenants by the courtefy o^ England^ or tenants
for life only, and to and for every or any of them relpedively for
the time being, to enter into, and fign any agreement to be made
in purfuance of this a6l.
Reftorsor XXIIL Provided alfo, and be it further enaded by the au-

tithe owners thority aforefaid. That no redor or tithe owner, in right of his
not to receive j-ecflory, vicarage, or curacy, or the leiTee of either of them re-
kttfng ^tithes fp<^'^ively, who (hall agree for or lett his tithes of the faid com-
other than by nion field lands, during the faid term of fix years, or any part
haif-yeariy or thereof, fliall receive any fine, foregift, gratuity, or compenfa-
yearly pay- ^^^^ whatfoevcr. Other than by equal half-yearly or yearly pay-
ments.
A^l acrree- XXIV. And be it further enaded. That every agreement fo

mcnts made entered into in purfuance of this ad, fhall be good, valid, and
to be valid in efFedual in the law, for the purpofesjhereby intended, notwith-
• (landing the want of legal title in the faid owner or owners, or

in the faid hufbands, guardians, truftees, committees, agents, or
receivers, or in the perfons ading as fuch, or in the faid tenants
in tail, tenants by the courtefy oi Englaiid^ or tenants for life
only, any fettlement or fettlements, will or wills, to the contrary
in any wife notwithftanding.
Confentof XXV. Provided always, and be it enaded by the authority

occ\.lp^e^s not aforefaid. That no confent of any occupier of lands in fuch com-
to he valid, xx\qi\ arable fields, or of a feparate fheep walk therein, to any
%vKhout a ^^^^ ^^^ agreement, for the ordering, fencing, cultivating, and
thoritv under improving ot fuch common fields, to be made by the authority
the band of of or in purfuance of this ad, (hall be good and valid, unlefs fuch
the proprietor, occupier fliall, at the time of entering into fuch agreement, pro-
duce a written authority for that purpofe, under the hand of the
owner or proprietor, guardian, or truftee ^ or in cafe of fuch
owner not being a minor, and being in parts beyond the feas, of
the known agent of fuch owner.

XXVI. And be it further enaded by the authority aforefaid,
A^-Jons may That if any owner or occupier of any common field lands, or
be brought at of any part thereof, for the better cultivation whereof any rules
Vv^'eltmmller. ^^^ regulations (hall have been agreed upon, in purfuance of the
powers and authorities given by this ad, fhall not conform to
fuch rules and regulations, or fhall wilfully deviate therefrom in
any refped whatfoever ; that then, and in fuch cafe, it (hall and
may be lawful to and for any owner or owners, or occupier or oc-
cupiers, of any part of fuch common field lands, who may have
been damnified by a breach of the regulations aforefaid, to bring
one or more adion or adions of trelpafs, or upon the cafe, in

any

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^772-1 Anno decimo teitio Georgii III. c. 82. i6i

any of his Majefty's courts of record at Weftminfler againfi- the
perfon or perfons fo offending; and if in any fuch adion, fo to
be brought aforefaid, a verdid Iball be given for the plaintiff,
or he fhall recover judgement by default ; that then, and in fuch
cafe, the party or parties fo offending /hall anfwer to the party
grieved all fuch damages as (hall be recovered in fuch adion,
together with double cofts of fuit.

XXVII. Provided, That nothing in this a6l contained (hall NTo perfon n
prevent, or extend to prevent, any perfon or perfons fi^om in- hereby pre-
clofing all or any part or parts of his, her, or iheir land, to and ^^"/^i^ ^'"^^
for his, her, or their own ufe or benefit, fuch perfon or perfons lands for hTs
having full power or right fo to do. - own ufe.

XXVIII. Saving always to the King's moft excellent ma-Savingall
jefly, his heirs and fucceffors, and to all and every lord or lords, ng^ts to
lady or ladies, of any manor or manors, and to all and every ["^.^^1^^^*
other perfon and perfons, bodies politick or corporate, his, her, ^^l %^^^
and their heirs, fucceffors, executors, and adminiflrators, (other '
than and except the refpedtive perfons, their heirs, fucceffors,
executors, and adminiflrators, who may, in confequence of this

a6l being duly carried into execution, become fubjecft to the
provifions and regulations thereby authorifed to be made,) all
fuch eftate, interefl, and rights, as they, every, or any of them,
had or enjoyed in and over the faid common arable fields,
waftes, and commons of paflure, before the paffmg of this a6t,
or could or might have had and enjoyed in cafe the fame had
pot been made.

CAP. LXXXII.

An a^ for the better regulation of lying-in hofpitals, and
other places^ appropriated for the charitable reception of
pregnant women ^ and alfo to provide for the fettlement of
baftard children^, born in fuch hofpitals and places,

WHEREAS, through the humane and benevolent afffiance ^/Preamble^
zvell-difpofed perfons^ many hofpitah and places have been ejia-
blijhed for the charitable reception of pregnant wojnen, which have
(Afforded great relief in times of the utmofl diflrefs^ and therefore ?nerit
every due fupport and encourageme?it ; but fome inconveniencies having
been found to arife from the number of baftard children horn in fuch
hofpitals and places^ which have become heavy burdens, and have
occafioned unreafonable charges upon thofe parijhes wherein fuch
hofpitals and places have been inftiiuted^ to their great and unjuft op-
preffmi : and whereas it would tend, as well to promote the intereft
ofjuch hofpitah and places as to give a feafonable relief to fuch parifies,
if a law was made to regulate the fettlement of fuch baftard children \ After Nov. i.
may it pleafe your Majefly that it may be enaded ; and be it '773» "o bof-
enaaed by the King's moli excellent majefty, by and with the ^it'^^hn^ed for
advice and confent of the lords fpiritual and temporal, and com- t™^^^^^^
mons, m this prefent parliament alfembled, and by the authority 0^ pregnant
of the fame, That from and after the firft day oi November, one T^'"'?' ^''-
thQWfand feven hundred and feventy-three, no hofpital or place bi'obrmed'

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%6% Anno decimo tertlo GeoRGII III. c.82. [1773*

fhall be eftablifhed, ufed, or appropriated, or continue to be
ufed or appropriated, for the publick reception of pregnant
women, under publick or private fupport, regulation, and ma-
nagement, in any pari(h within that part of Great Britain called
Engla7idj unlefs a licence fhall be firft had and obtained, in man-
ner hereafter mentioned, from the juftices of the peace, at fome
one of their general quarter feffions to be held for the county,
riding, diviiion, city, or corporation, v;hereia fuch hofpital or
' vi'b^ch Ucenpe place'^ihall be fituated ; and fuch juftices are hereby authorifed
the juftices, at and required to grant fuch licence to any perfon or perfops who
their quarter {[-^^W apply for the fame, fuch perfon or perfons paying the fum
feflions, are ^^ ^^^.^y (hilhngs for every fuch licence to the clerk of the peace
^^xmtl of f^<^h county, riding, or divifion, or to the town clerk of fuch

** " city or corporation, as a perqaifite for his trouble, and as a fund

to defray the expence of the ftamp and parchment that {hall be
ufed for the grant of fuch licence.
Every lipence IL And be it further enaded, That every fuch licence ftiall
to be (lamped be written on parchment, and ftampt with a five fhilling ftamp 5
with a 5s. 2^^^ a copy thereof ftiall be entered in a book to be kept for that
^^I^ed b"the pw^Tof- t)y fuch clerk of the peace, or town clerk, and preferved
I'litos/ as a publick regifter amongft the records of the county, riding,
divifion, or of fuch city or corporation, as the cafe may be, to
be infpeded by any perfon or perfons on paynnent of one
fliilling ; and every fuch licence fhall be figned by two or more
fuch juftices of the peace at their general quarter feflions, and
ihall intitle the perfon or perfons to whom fuch licence fliall be
granted to keep one hofpital, houfe, or place, and no more, for?
' the publick or charitable reception of pregnaiU women.
Hofp^tar^, now HI. And be it further ena61ed. That as well all hofpitals,
or hereafter to houfes, and places, already eftabliftied, ufed, or appropriated,
heeftablimed f^j. ^\^q publick reception of pregnant women, and fupported by
fortherecep. ^^^^■^[^^]q contributions, or otfierwife, for the pqrpofes of the
mnt wom^n, delivery or lying-in of fuch pregnant women, as all other hofpi-
deemed with- tals, houfes, or places, that may hereafter be eftabhftied, ufed^
in the intent g^d appropriated, ip like manner, for the like purpofes, ftiall be
of this aa. ^eemed and taken to be hofpitals and places within the true in-
tent and meaning of this acl.
Infcnptionto IV. And, that it may be the more eafily Inoivn what hofpitah^
be affixed over houfes, or places, Jhall have been licenfed purfuant to this a^, be it
the door of enaded. That there ftiall be fixed and kept up over the door,
all hofpitals. ^^ p^^blick entrance, of every fuch hofpital, houfe, or place,^ an
infcription, in large letters, in the following \vords ; wdelicety
Licensed for the publick Reception of pregnant

V/OMEN, PURSUANT TO AN AcT OF PARLIAMENT, PASSEI^

IN THE Thirteenth Year of the Reign of King
GEORGE the Third, and the affixing and keeping fuch
* infcription ftiall be a condition in every fuch licence; and in
cafe fuch infcription ihall not be fixed and kept over the door
or publick entrance of fuch hofpital, houfe, or place, fuch licence
fhal! become null and void,

V. And be it farther enacted by the authority ^fqrefaid;^ That

m

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1773'] Anno dedmo tertio Georgii IIL c. 82; 2^3

no baftard child or children, born in any fuch hpfpital, lioufe, Baftard chil-
or place/as aforefaid, (hall be legally fettled in, or (hall be in- ^^^^^[J ^^ji^j^'j^
titled to, any relief as a parifhioner, from the panrti wherein ^^^ ^^ ^^^^^^
fuch hofpital, houfe, or place, (hall be fituated ; but every fuch Pitied to re-
child or children (hall follow the motlier's fettlement, and (hall lief as a pa-
immediately gain a fettlement in the parifh or parifhes refpec- riOiioner.
tively, v;here his, her, or their mother or mothers were laft
legally fettled ; any law, ftatute, ufage, or cuftom, to the con-
trary thereof, in any-wife notwi^hftanding.

VI. And be it further enaded by the authority aforefaid, On the re-
That in cafe it (hall become neceffary to remove the mother of moval of the
the child fo born a baftard, and the child fo born a baftard, or ^^Hdf th^J
either of them, from the pari(h or place in which fuch hofpital, churchwar-
houfe, or place, (liall be fituated, to the parifh or place to which dens of the
fuch woman ftiall belong, or where Oie (hall have obtained her pari it are to
laft legal fettlement, fuch pari(h or place, being within twenty P^^^ej.^^"
miles of fuch hofpital, houfe, or place, to which fhe (hall be fo *^
removed, (hall be chargeable with, and liable to the payment of

all charges and expences incident to or attending fuch removals ;
fuch charges and expences to be allowed and fettled by any
juftice or juftices of the peace, (who is and are hereby required
to allow and fettle the fame,) in and for the county, riding,
divifion, city, corporation, or place, in which the pari(h or place
(hall be fituated, to which fuch mother and child, or either of
them, (hall be removed as aforefaid : and if fuch charges and
pxpences, after being allowed and fettled as aforefaid, and de-r
mand thereof made in writing, direded to the churchwarden?
or overfeers of the poor of the parilh to which fuch mother and
child, or either, of them, (hall be removed, as aforefaid, (hall
not be paid within two days after fuch demand j then, and ia
every fuch cafe, it (hall and may be lawful to and for any one or
more of his Adajefty's juftices of the peace, in and for the coun-
ty, riding, divifion, city, corporation, or place, in which the
pari(h ftiall be fituated, to which fuch mother and child, or
either of them ftiall be removed, and he or they is and are here-
by required, by warrant under his or their hand and feal, or
hands and feals, to levy the fame by diftrefs and fale of the goods
and chattels of the churchwardens or overfeers of the poor mak^
ing fuch refufal, as aforefaid, or on the goods and chattels of any
or either of them.

VII. Provided always, and be it further enacSled, That if any Appeal may
perfon or perfons fhall think himfelf or themfelves aggrieved by be made to
fuch removal or diftrefs had or made in purfuance of this a6t, quarter fef-
every fuch perfon may appeal to the quarter fefiion of the peace fons^Ig^i^v^
to be holden for the co\^nty, riding, divifion, city, corporation, ed,

or place, wherein he (hall have fuffered fuch grievance, within
four months after the fad done, by which he (hall think himfelf
fo aggrieved, fuch appellant firll: giving, or caufing to be given^
fourteen days notice at the leaft, in writing, of the intention to giving 14.
bring fuch appeal, and of the matter thereof, to the party or '^^^y^ noucci
parties againft whom fuch appeal is intended to be brought, and
'■ §4 ^ithir;i

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^^4 Anno decimo tertio Georgti III. c.82. [1773.

within two days next after fuch notice given entering iqto re-
cognizance, with two fufficient fureties, conditioned to try fuch
appeal, and to abide the order of, and to pay fuch cofts as (hall
be awarded by the juftices, at fuch quarter felTions ; and the faid
juftices fhall then hear and determine the caufes and matters of
appeal in a fummary way, and award fuch cofls to the parties
appealing or appealed againft, as they the faid juftices (hall think
proper, and the determination of fuch juftices fo made ftiall be
final, binding, and conclulive, to all intents and purpofes what-
foever.
Parini officers VIIL And be it further enaded. That all officers belonging
impovvered to to the parifli wherein the motiier of fuch child fo born a baftard
apprehend the fliall have been laft legally fettled, and all magiftrates of the
h^d.^^^^^^^^y^ ^■^'^^^"g' divifion, city, corporation, or place, wherein
fuch parifh (hall be fituated, fhall have power and authority to
apprehend the reputed father of any fuch baftard child, to take
fecurity for the indemnity of the pariih, and to punifh the pa-
rents, and to do every other matter or thing relative to fuch cafe
of baftardy, in the fame manner, and with the fame powers, as
fuch magiftrates or ofiicers mJght or would have had in cafe
fuch child hdd been born in iuch pari(h or place ; any law or
ftatute to the contrary thereof in any-wife notwithftanding.
Provifo, IX. Provided always. That nothing in this acSl contained

fhall extend, or be conftrued to extend, to alter the law as it
now ftands relative to the fettlement of any baftard child fo born
as aforefaid, in cafes where the mother'? fettlement cannot be
afcertained and determined.
Owners or X. And be it further enac'led by the authority aforefaid,

nialters of That the owner, keeper, governor, mafter, fecretary, clerk, or
bofpitals to other perfon, who fhall have, or to whom (liall be intrufted the
i^an»^befo.e" ^^^^' condud:, or management, of fuch hofpital, houfe or place,
admitttdtobe ^^^11, and he, (he, or they, is and are hereby diredled and re-
examined be- quired, before the admilFion of any pregnant woman into fuch
iore a juftice. hofpital, houfe, or place, forthwith, (unlefs prevented by fick-
nefs,) to take, or caufe to be taken, fuch woman before fome ju-
Alice of the peace in and for the county, riding, divilion, city, cor-
poration, or place, where fuch hofpital, houfe, or place, is fttuat-
ed, which juftice is hereby direded and required to examine her
upon oath, whether Ihe is married or fingle : and in cafe fuch
pregnant woman (hall not be able, at the time of fuch admiftlon,
to go before fuch juftice, and be examined as aforefaid; that
then, and in every fuch cafe, it fliall and may be lawful to and
for the faid owner, keeper, governor, mafter, fecretary, clerk, or
other perfon, as aforefaid, and he, (he, or they, is, and are here-
by direded and required when and fo foon as fuch woman fhall
be fufhciently recovered, to take, or caufe to be taken, fiach wo-
man before fuch juftice, to be by him examined as aforefaid,
any law, ftatute, ufage, or cuil:om, to the contrary thereof in
any-wife notwithftanding : and all and every the particulars of
fuch examination, taken upon oath as aforefaid, (hall be entered
in a book, to be provided and kept for that purpofe by the own-

er^

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1773-1 Anno declmo tertio Georgii IIL c.Si. 265

er, keeper, governor, mafter, fecretary, clerk, or other perfon,
as aforefaid, and figned by the juftice of the peace before Vv^hom
fuch examination is taken, who is hereby direded and required
to fign the fame.

XL Provided always, and be it enadled. That if any woman, If the woman
on admiffion, into fuch hofpital, houfe, or place, fliall produce produce an
an affidavit, fworn by her before fuch juftice of the peace for ^.^ js^^J^^JJ^f^
the city of London^ or for the county, riding, divifion, city, cor- ^^ fingie, '
poration, or place, wherein fuch hofpital, houfe, or place, fhall
be fituated, that fhe is a married or fingle woman, as the cafe
may be, which affidavit fhall be kept and filed at every fuch
hofpital, houfe, or place j then^ and in every fuch cafe, fuch v^o- /heisnotliabie
man fhall not be liable or compellable by this a6t to go before to go before
any juftice of the peace, or to be further examined on oath as^^^i"^^^^'
to her marriage.

XIL And be it further enabled. That if any woman fliall be When any
delivered of a baftard child in fuch hofpital, houfe, or place, woman (hall
fuch owner, keeper, governor, mafter, fecretary, clerk, or other ^^ ^ u^Tf ^^j
perfon as aforefaid, (hall, four days at the leaft before any fuch the^owne^of
woman (hall be difcharged, give, or caufe to be given, a per- the hofpital is
fonal notice, or notice in writing, of fuch delivery, to be left at to give four
the ufual place of abode of the overfeer or overfeers, church- ^^ notice
warden or churchwardens, of fuch parifti or place, wherein fuch diTc°hargeVto
hofpital, houfe, or place, (hall be fituated ; and fuch overfeer or the overfeers*
-overfeers, churchwarden or churchwardens, or fome or one of
them, is and are hereby authorifed and required, after fuch no-
tice given, to attend at fuch hofpital or place, within the time
fo notified as aforefaid, and fhall convey every fuch w^oman be-
fore fome juftice of the peace of the county, riding, divifion, city,
corporation or place, where fuch birth or births fhall happen,
who fhall examine every fuch woman upon oath relative to her
laft legal fettlement, and fliall certify, in writing, to fuch over-
feer or churchwarden the whole of fuch examination, who fliall
caufe the fame to be depofited and kept amongft the books and
papers belonging to fuch parifn or place.

XIIL And be it further ena6led. That if at any time fuch Overfeer at-
overfeer or churchwarden fhall, upon fuch attendance be in- tending, and
formed by fuch owner, keeper, governor, mafter, fecretary, ^'!^"g inform-
clerk, or other perfon, that any fuch woman is not fufficiently ^,oman is not
recovered to be taken out and carried before fuch juftice, fuch fufficiently re-
overfeer or churchwarden fhall wait till' a further notice fhall, covered, ihall
in like manner, be given ; and fuch notices, from time to time, ^^^^ ^^^^ ^ ^"^"
fhall be repeated as occafton may require ; and every fuch over- 1^^^^^°^^^^ ^
feer and churcliwarden, who fhall receive the fame, is hereby ^
required to pay due at^tention thereto,

XIV. Provided always, and be it further enaded. That it ^^^''y ^'^"j
fliall and may be lawful for every fuch owner, keeper, gover- kel^tinYhe^
nor, mafter, fecretary, clerk, or other perfon, to keep, and de- hofpital till
tain in fuch hofpital, houfe, or place, every fuch woman fo de-'^fhe be in a fk
livered of a baftard child, till flie fliall be adjudo;ed in a fit con- condition to
dition to be difcharged, and until ftie fliall have been examined ^^^^^^^-^i^^^S^^'

be-

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^66 Anno decimo tertio Georgii III. c. 82. [1773;

before fome juftice of the peace, as aforefaid, with refpeft to the
place of her laft legal fettlement.
but not to ex. XV. Provided always, and be it further enaded. That
tend to keep nothmg in this a6l flial I extend, or be conftrued to extend to
W^^l^an ^^^^'"^^^^^'^ ^^' it^Power any pcrfon whatfoever to keep or detain in
ilx weeks, ^^^.^ hofpital, houfe, or place, any woman fo delivered of a baftard
without her ^^^^}^ ^ov a longer time than fix weeks after the birth of fuch
confent. child, imlefs it (lull be done by her own free confent,

Owners, go- XVI. And be it further enadled, That every fuch owner,,
vernors, &c. keeper, governor, mailer, fecretary, clerk, or other perfon, as
not comply, aforefaid, wiio fhall wilfully neglect or refufe to comply with
rSfons o!^ ^^^^ direaions of this ad, Ihall forfeit and pay, for every fuch
this aft to negled or refufal, the fum of fifty pounds; and every fucli
forfeit 50 i.; overfeer or churchwarden who lliali in like manner negled
and overfeers, or refufe to comply with the directions of this ad, ihall, for
or''reMn-\''o^ ^""^^^ ^^^^ negka or refufal, forfeit and pay the fum of ten
forfeit lof. ponnds ; which penalties or forfeitures fnall be recovered, with
Ho'.v penalties f;^^^ ^9^^ ^^ fuit, by adion of debt, bill, plaint, or informa-
maybereco- tion, in any of his Majefty's courts of record at Wejlminjler^
vered and ap- by any perfon or perfons who (hall fue for the fame ; and
P ^'^^' fuch forfeitures and penalties, when recovered, fliall be applied,

one moiety to the ufe of the poor of the parifli where fuch
offence fhalJ have been committed, and the other moiety to
the perfon or perfons who fhall fue for and recover the fame.

XVII. And be it further enaded by the authority aforefaid,.
That if any adion or fuit^rtiall be commenced againft any per-
fon or perfons for any thing by him or them done or executed
in purfuance-of this a6l, the defendant or defendants, in fuch
General iiTue, ^^ion or fuit, fliall and may plead the general ifTue, and give
this acl, and the fpecial matter, in evidence, at any trial to be
had thereupon, and that the fame was done in purfuance and by
the authority of this a6l ; and if afterwards a verdidl (hall pafs
for the defendant or defendants, or the plaintiff or plaintiffs (hall
become nonfuited, or difcontinue his, her, or their a6tion or
profecution, or judgement fhall be given againft him, her, or
them, upon demurrer, or otherwife ; then fuch defendant or de-
Treble coils, fondants (hall have treble cofts awarded to him or them againft

fuch plaintiff or plaintiffs.
Aaions when XVIII. Provided always, That no fuQh a61ion or fuit (liall
to be com- be brought by virtue and in purfuance pf this a61, unlefs the
menced. fame be commenced within fix calendar months after the offence

committed.
luVick a61-, XIX. And be it further enabled, That this a61 fhall be deem-
ed a publick a6f ; and as fuch taken notice of by all judges^^
juftices, and other perfons, without fpecially pleading the
fame.

CAP,

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J773- J Anno dcdmo tertio GEoRGii III. C. 83, 84." ^H

CAP LXXXIII.

An aa for building a bridge acroVs the river of Thames, from R]c^"\of!^«
in the couny of Surrey, to the oppofite (hore, in the county of Middle-
fex and to enable his r:iaicfty to grant the inheritance ot the ierry at
Richmond to certain perfons therem mentioned.
Preamble CommifTioners names. Quahfication of commilTioners. i e-
Tatronaahir-^notquahfied^^^ Pla^of commiffioners meetmg. Man^-
ne of adioSg, Commimoners to defray their own expences. Pro-
ceedings o be entered in books. New Commiffioners to be elefted by bal-
Lt ^ommiffioners may caufe a bridge to be bmlt ^^ ^^^ll^?^^'l^ ^^
river Thames, from Richmond to the oppofite (hore ^^^l^^^^^ ^^ !?^
bridge. Commiffioners to make a road through Twickenham Park.
Dimfnfions of the road. The bridge to be free from taxes, and not to be
a county bridge. Damaging the bridge, &c. deemed felony. Damage
done by boats? &c. to be made good by the owners. Bodies corporate &c,
enabled to convey their eitates to the commiffioners. Lands, &c it not a-
greed for, to be valued by a jury of the county. Jury to view the place
fn queftion if neceffiary. Verdia to be figned by five ^^^^'^'^""^I'^JZl
fent, and to be tranfmitted to the clerk of the peace. Where perfons are
'Sled in remamder, the purchafe- money to be fettled accordmgly.
The fum adjudged as a latisfaaion to be paid, or tendered, in a month
aferhT verdia: or the adjudication to be vo,d It the lum adjudged be
refufed, 8fc. to be paid into the bank of England, m the name ot the trea-
furer. Right of challenging the jury. Commiffioners may fine ftienft for
default in fmpaneiiing juryfand jurymen or witnelTes '-lXr\tTt^\o
Fines to be levied by diftrels. &c. Richmond terry. The bridge not to
be built until the ferry be purchafed by the commiffioners. In ^f^^^^l
commiffioners and Mr. Holland cannot agree, the value to be tried by a
iurv of Surrey and Middlefex. In cale no aaion be brought in fix months
ifter notice, the commiffioners may fummon k jury to ^^^^'^tain the value.
His Majefty enabled to grant the inheritance of the ferry. Ajter obtain-
ing a grant from his Majefty, &c. the ferry to be under the direamn of
th? commiffioners. Commiffioners may erea a toll houfe, &c. The tolls.
Tolls vefted in commiffioners. The manner of enforcing the payment ot
tolls If the bridge (hall receive damage, an occahonal ferry may be let
up Provifo. Power to borrow money upon the tolls. Securities, &c.
to be entered in a book. All creditors to be deemed equal in degree.
When money borrowed and intereft (hall be repaid, and 5000I. velted in
the funds for the fupport of the bridge, the tolls to ceafe. If the fund be
reduced to toooI. the tolls to be revived. Commiffioners may appoint a
clerk &c. Colleaors to account. Accounts to be delivered yearly to
parlinment. Colleaors refufing to account, &c. for the rrioney, in their
hands, the fame may be levied by diftrefs and fale of their goods For
want of fufficient diftrefs, the offender to be committed. Bridge to be be-
gun before June i , i77«> and finiihed before June i, 1783. This aa not to
prejudice the right of the mayor, &c. of the city of London. Limitation
of kaions. General iffue. Treble cofts. Commiffioners writings to be
free trom ftamp-duty. Publick aa.

CAP. LXXXIV.

\^n a5i to explain^ amend, and reduce iyito one aB of parlia-
ment^ the general laws now in being for regulating the
turnpike roads in that part of Great Britain called Eng-
land •, and for other purpofes,

WHEREAS/:/;^ laws for the general regulation of the turn- Preamble,
pike roads within that part of Great Britain called Eng-
land are infome refpe^s ineffe^uaU and require amendment : where-
fore, fpr remedy thereof;^ be it enafted by the King's mod ex-
cellent

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26J Anno decimo terdo Georgii III. c. 84. [lyy^

cellent majefty, by and with the advice and confent of the lords

r/'l'^'i-^^u, 'f"^P°r^^' ^"^ commons, in this prefent parlia-

ment affemb ed, and by the authority of the fame, That it (hall

and may be lawful to and for all truftees appointed by any adl

Five or more f^fi, - Parliament f^r the repair of^any turnBLkeTSir^^Tthr

truftees, at a -" , ^^ P^^^ ^^ ^^^^^ Brttam called England, or any five or more

general meet- ^^ ^^^^m, at fome publick meeting, Tthey^fhall think proper, at

eng^n; t bl 1^^^^' ^^ the receiving of any toll or tolls, or upon an^

eieatd i P' V^ the road withm their refpeclive jurifdidtions, and at fuch

a difiance from any turnpike-bar or toll-gate as they refpedive.

\y avail think requifite and expedient, to order and caufe to be

buiit or ereded, a crane, machine, or engine, proper for the

weighing of carts, waggons, or carriages, conveying of any

andcaafe f""^' ""' merchandife whatever; and, by writing, figned by

foadedcarri. '^'''^; ?' ^^^^ ^^^^ ^^ ^^^^ ^^ them, tQ order all and every or

ages to be ^^^Y j.^^^ carriage or carriages, which fhaJl pafs loaded through

weighed at any fuch gate or bar, to be weighed, together with the loading

^l^?' 'r'""^^ """^Z^' '^'""'^ °' '"y ^^^ ^^ ^°^^ °f them, or for any
1 gares, p^rfon or perfons irapowered by any five or more of them, to

receive and take, over and above the tolls already granted,' or
taking 20 s. hereafter to be granted, the fum of twenty fliillings for every
adduional toll hundred weight of one hundred and twelve pounds to the hun-
300 wTover ^'^i' V^''^/' T'y ""'SSon or cart hereafter defcribed, together
the weights ^*^" ^^^^- loading thereof, ihall weigh, over and above the
allowed, weights hereafter allowed to each of them refpec^ively ; (that is

to^fay). To every waggon or four-wheel carriage, having the
tt'Aics or rollers of the wheels of the breadth of fixteen inches,
eight tons in fummer, and feven in winter; to every waggon or
' wain, having the axletrees thereof of fuch different lengrhs that
the diflance from wheel to wheel of the nearer pair of the faid
wheels be not more than four feet two inches, to be meafured
at the ground, and that the diftance from wheel to wheel of the
other pair thereof be fuch, that the fore and hind wheels of
iuch waggons and wains (hall roll only one fingle furface or path of
fixteen inches wide at the leaft, on each fide of the faid waggons
or wains, and having the fellies thereof of the breadth of nine
inches from fid« to fide at the bottom or fole thereof, fix tons
ttn hundred in fummer, and fix tons in winter 3 to every wag^
gon or four-wheeled carriage, having the fole or bottom of the
tellies of the wheels of the breadth of nine inches, fix tons in
fummer, and five tons ten hundred in winter; to every cart^
having the fellies of the fame dimenfions, three tons in fummer,
and two tons fifteen hundred in winter ; to every waggon, hav-
ing the fole or bottom of the felhes of the wheels of the breadth
of {^x inches^ four tons five hundred in fummer, and three tons
fifteen hundred in winter ; and to every fuch waggon fo con-
ilruded as to roll and adually rolling a furface of eleven inches,
by the wheels thereof, five tons ten hundred in fummer, and
five tons in winter; to every cart, having the fellies of the wheels
oi the fame dimenfions, two tons twelve hurzdred in fummer^

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17730 Anno dedmo tertio Georgii IIL c. 84' ^ 2%

iind two tons feven hundred in winter ; to every waggon, hav-
ing the foleor bottom of the fellies of the wheels of lels breadth
than fix inches, three tons ten hundred in fumnaer, and three
tons in winter ; and to every cart, having the fellies of the
wheels of the fanfie dimenfions, one ton ten hundred in fummer, *
and one ton feven hundred in winter ; and that for the feveral
purpofes aforefaid, it ihall be deemed fummer from the firft day
of Mcjy to the thirty-firfl: day of O^lober^ both days inclufive,
and winter from the firfl: day oi 'November to the thirtieth day of
ApriU both days inclufive; which faid additional toll or duty, ^(^(jitional
hereby granted and made payable, Hiall and may be levied and toll to be re-
recovered upon any perfon liable thereto^ in any of the cafes a- covered as
forefaid, or his or her goods or chattels, who fhall, after demand ^^^^^^ tolls;
made thereof, refufe or negledt to pay the fame, in fuch man*
ner as any other toll or duty, payable at the fame turnpike-gate
or bar, is or (liall be by law to be levied and recovered \ and the
money arifing from fuch additional duty fhail be applied to ^^ aiTof the^
the repair of the turnpike road where the fame fhall be ^^^^^
colleded.

II. And be it further enaded, That the keeper of every fuch puty of toll-
toll-gate or bar, where any fuch weighing engine fhall be ere6t- gate keepers,
ed, or any other perfon appointed, or to be appointed, by the
faid truftees, or any five or more of them, to the care of fuch
weighing engine, (hall, and is hereby required to weigh all fuch
waggons and carts liable to be weighed by virtue of this adl:,
which (hall pafs loaded through fuch gates or bars refpedively,
and which he (liall have reafon to believe carry greater weights
than are allowed to pafs without paying the faid additional toll:
and if any gate-keeper, or perfon fo appointed, (hall permit any
fuch waggon or cart to pafs through any fuch toll-gate with
greater weights than are hereby allowed, without weighing the Forfeiture for
farrte, and receiving fuch additional tolls, as aforefaid, he fliall, every oifence
for every fuch offence, forfeit the fum of five pounds. is 5I.

II r. And^ in order todete^ the [aid collet or or receiver in any ^^y^^^^^ ^
fraudulent eoniiivance or negle5l of duty in the matters aforefaid^ be may caufe
it further ena6ted. That it (liall and may be lawful for any carriages to be
truftee, creditor, clerk, treafurer, or furvcyor, of fuch turnpike weighed, ia
road, if he fliall fufped any fuch connivance or ne^le6l, as a- ^rdertodetea
r r • 1 ^ r • t* i i i • ^ i^i • r connivance or

rorelaid, to cauie any carriage, liable to be weighed by virtue of coUedlors.

this act, which (hall have pailed through any toll-gate where
fuch weighing engine fliall be erecSted, and fhali not have pafled
above three hundred yards beyond fuch toll-gate, to return to
fuch weighing engine, and be there weighed with the loading
which paffed through fuch gate, in the prefence of fuch truftee,
creditor, clerk, treafurer, or furveyor, upon requiring the driver
thereof to drive fuch carriage back to fuch weighing engine, and
upon paying or tendering to hirn the fum of one {hilling for fo
doing; which fum of one (liilling fhall be returned to the perfon
paying the fame, if upon weighing fuch carriage and loading,
the fame ihall be found above the weight hereby allowed.

IV. And^ for the better enforcing^ the authority of this aB^ the surveyors to
purveyors folly and are hereby author if ed and required to make con- make con ve.

venUnt

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270 Anno decimo tcrtio GeorgIi lit; C. 84, [177^^

r/ient places venient places for turning fuch carriages upon every fuch turnpike

for turning roadj where fuch weighing engine Jhall he ere^ed^ within three hun-

wh^ere'wei h- ^^^^ J^^^^ ^f f^^^ toll-gate ^ on each fide thereof^ if the ground will

ing engines admit of the fame i and there Jhall he a lift of the names of all the

maybeere6t- truftees and creditors^ and alfo of the clerk ^ treafurer^ and furveyofy

cd. of fuch turnpike road ^ put up in the houfe or building where fuch ^

weighing engine jhall he placed^ to he infpe5led by the owner or driver

of every fuch carriage ; and if the driver of any fuch carriage^ being

Drivers re- y^ requefted to return with his carriage to fuch weighing engine^ foall

Sauforto'"' ^^^^^^^ ^^ ^^M' /^ ^^ ^^' he jhall forfeit the [urn of forty fiillings i

.Q s, and it jhall and may be lawful for any peace officer^ or other p erf on of

perfons^ being then prefent^ upon fuch negle5i of refufal^ to drive and

take fuch carriage back to fuch weight fig engine y in order to be weighs

ed as aforefaid,

V- Jndj in order to compenfate for the expences of creeling fuch
Former acts i^^lghing engine^ and to prevent any prejudice to the creditors who have
turnpike^^"^ /^«/, or jhall lend their money upon the fecurity of the tolls^ be it fur-
roads, further ther enaded. That all and every a6l and acSts of parliament, made
continued, if {qx repairing and amending turnpike roads^ the truftees whereof
^"S"^es are ^^^ within twelve calendar months after the commencement
purfuance of ^f this a6l have caufed to be ereded and ufed thereupon fuch
this as^. weighing engine, purfuant to the direction and true intent and

meaning of this a6l, (liall be continued, and be in full force, for
five years, to be computed from the feveral ends and expirations
of all and every fuch a6l and ads refpedively, and fubje6fc to
all the tolls and duties, penalties, forfeitures, remedies, powers,
authorities, claufes, rules, dire6lions, payments, and provifions,
refpedively made, and enaded by any of the faid a6l or ads of
parliament, now or heretofore madcj for repairing and amende
ing turnpike roads.
N to extend ^^- Provided always, and be it further enaded. That the re-
to^waggons, gulations of weight herein-before mentioned Ihall not extend, or'
carts, &c. ' be deemed or conftrued to extend, to any waggons, carts, ot
employed in other carriages, employed only in hufbandry, or carrying only
hufbandry. ^lanure for land, hay, ftraw, fodder, or corn unthrefned ; and
that where lime or other manure is or fhall, by any particular
turnpike a6l, be permitted to pafs through any turnpike-gat^
toll free, or upon paying lefs toll than is required to be paid
for other goods, it (hall be liable to be weighed at all weighing
engines upon fuch turnpike road, together with the carriages in
which fuch lime or manure (hall be conveyed, and ihall pay fuch
additional toll for overweight as herein before direded.

VIL Provided alfo, and be it further enaded. That it fliall
compf^^^^^^ and may be lawful for the juftices of the peace, within the li-
made, may mits cf every county, riding, divifion, hundred, or precina, at
order weigh- ^j^y general quarter fefTions of the peace, upon complaint madei
ing engines to ^^ ^^^^^^ ^^ any juftice of the peace, or by any two creditors, or
wheTi they any two truftees of any turnpike road, within the faid limits of
think proper, which they are creditors, or truftees, that fuch turnpike road is
much damaged by exceffive weights being carried thereupon,
and that no weighing engine hath been ereft^dj or Ordered by

the

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17^3*] Anno ctecimo tertlo Georgii IIL c. 84; 271

the truftees of fuch tarnpike road to be ereded, upon the fame,
to fummon the clerk, furveyor, and treafurer, of fuch turnpike
road to appear before the faid juftices, at their then next gene*
tal quarter feflions of the peace, to fhew caufe why a weighing
engine or engines (hould not be ereded at or near fuch gate or
gates, upon fuch turnpike roads as (hall be defcribed in fuch
fummons ; and if at fuch fubfequent feffions the faid clerk, fur-
Veyor, and treafurer, fome or one of them, fhall not appear
before the judices at fuch feffions, or appearing, (hall not ihew
fufficient caufe to the faid jul^ices againft the ereding of fuch
weighing engine or engines, it (hall and may be lawful for the
faid juftices, if they think fit, at fuch quarter feffions, to order
one or more weighing engine or engines to be ereded upon fuch
turnpike road, at fuch place or places as they (liall think proper^
a copy of which order (hall be forthwith delivered to the clerk of
of fuch turnpike road ; and the truftees thereof are hereby di-
rected and required, at their next meeting, to be held after their
clerk ihall have been ferved with fuch copy of the order as afore-
faid, to contrad, or caufe a contra6t to be made with fome pro-
per perfon or perfons, for the making and erecSling fuch weigh-
ing engine or engines with all convenient fpeed ; and the trea-
furer of fuch turnpike road is hereby authorifed and required to
pay the expences attending the making and ere6ling of fuch
weighing engine or engines out of the money which Ihall then
be or next come into his hands from the tolls arifuig upon fuch
turnpike road.

VIII. Provided alfo, and be it further enabled, That when Where two or
two or more turnpike roads meet at or near the fame place, it more roads
ihall and may be lawful for the truftees of fuch turnpike roads "^^^^' truftees
refpedlively, at a meeting to be held for that purpofe, to fix up- ^elahW en^^
en fome convenient place to erecSl a weighing engine upon, gini to ac-
which will accommodate all fuch turnpike roads ; and, by a- commodate
greement amongft themfelves at fuch meeting, to proportion the ^^i^"^*
expences which may attend the making, ere6ting, maintaining,

and keeping fuch weighing engine, and likewife the money a-
rifmg from forfsitures to be incurred for overweight at fuch
weighing engine, amongft all fuch turnpike roads, in fuch man-
ner as to them fhall appear juft and reafonable.

IX. And be it enaded, That it ftiall not be lawful for the Truftees not
truftees of any turnpike road, their lefTee or lefTees, to make to make com.
compofition for tools, for or in refpecSfc of any waggon, wain, position for
cart, or carria2:e, or horfes, or beafts of draught, drawins; the ' unlers
fame, unlefs fuch waggons, wains, carts, and carriages, have have the teU >
the fellies of the wheels thereof of the breadth or gauge of fix lies of wheels
inches, or more, any law to the contrary thereof notwith-'^f ^'^ i'^*^'^"^^
ftanding. ^^^^^•

X. And be it further ena<5led, That if any perfon or perfons j penait
(hall unload, or caufe to be unloaden, any goods, wares, or on unloading;
merchandifss, from any cart, waggon, or other carriage, (ex- goods before
cept fuch carriages as are herein-before excepted), at, or before coming to any
the fame fliall come to any turnpike-gate or weighing engine, fp^'^pn^crl^l^^^^"

ereacd

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272 Anno dccimo tertio GeoRgii III. c. 84* [177^-'

erected by virtue or in piirfuance of this or any other adl, made
for the repair or prefervation of any turnpike road ; or (l^alf
load or lay upon fuch carriage, (except as aforefaid), after the
fame (hall have pafled any fuch turnpike or weighing engine,
any goods, wares, or merchandifes, taken or unloaden from
any horfe, cart, or other carriages, belonging to, or hired, or
borrowed by the fame waggoner or carrier, in order to avoid
the payment of the faid refpedive duties of twenty (hillings per
hundred ; or if any perfon (hall fo unload, in order to carry
confiderable quantities of goods through any turnpike-gate, in
one and the fame day, and thereby pay lefs toll at fuch turn-
pike-gate than would have been paid if fuch goods, wares, or
merchandifes, had not been fo unloaden; .each and every per-
fon fo offending in any of the cafes aforefaid, and being thereof
lawfully convi6led before one or more juftice or juftices of the
peace for the limit where the offence (hall be committed, upon
the oath of one or more credible witnefs or witneffes, (hall for-
feit and pay the fum of five pounds ; to be levied upon the goods
and chattels of the owner of fuch cart, waggon, or other carri-
age ; and each and every driver, not being the owner of fuch
waggon or carriage, fo offending, and being thereof convided,
as aforefaid, (hall be committed to thehoufe of correction for the
fpace of one month.
Owners or XL And be it further enabled. That if the owner of any wag-

drivers of gon, cart, or carriage, or other perfon, being the driver there-
waggons, kc. Q^^ travelling on any turnpike road where any toll-gate or weigh-
tlTroa^d'''to ^^^S engine is or (hall be ereded, Qiall drive or turn out of the
avoid being fame into any Other road, in order to avoid being weighed, or
weighed, iliall to avoid the paying of toll, and fhall afterwards proceed with
forfeit not ex- fuc[-^ carriage into and on the fame turnpike road^ every fuch
ceeding5 . q^j-j^j.^ qj. other perfon, convided of fuch offence before one or
^Q s^ more juftice or juftices of the peace for the limit where fuch of-

ence fhall be committed, upon the oath of one or more credible
witnefs or witneffes, fliall forfeit, if he be the owner, any fum
not exceeding five pounds^ nor lefs than twenty (liillings ; and
if he be the driver and not the owner any fum not exceeding
fifty fhiljings, nor lefs than ten (hillings, upon convidion, for
every fuch offence.
^ If' •^^-^* ^^^ ^^ ^^ further enabled, That no carriage, liable to
th^e^conitrac- ^^ weighed by virtue of this adt, (liall pafs along any turnpike
tion of the road, being above twenty miles from the cities of London or
wheels of Wejlnmfier^ unlefs the fame (hall be made and conftru61ed in
*^%"^f^^^^^' ^^^^^ manner, that no pair of fuch wheels (hall be wider than
roads^above f^ur feet £\y. inches from infide to infide, to be meafured on the
7.0 miles from ground, (except v^heels having the foles of the fellies thereof of
London* the breadth of nine inches, which fhall be fo conftru6led as to

roll a furface of fixteen inches; and that the wider pair of fuch
wheels fhall not be more than five feet eight inches from infide
to infide, to be meafured on the ground), and that the diftance
from the centre of the fore wheel to the centre of the hind wheel
of any waggon or four-wheeled carriage, not being ufedfor the

carriage

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1^73-] Anno decimo tertio Georgii III, c. 84* 273

carriage of timber only, be not above nine feet^ to be meafured
froni the centre of the axletrees at the ends thereof, on pain of
the owner or owners of every fuch waggon, wain, or cart, for-
feiting the fum of five pounds for every fuch offence: and the Surveyors, &g.
furveyor or furveyors, g^te-keeper or gate-keepers, of any turn- fo meaCure
pike road, is and are hereby authorifed and required, at any ^^^^"^^S^^>
turnpike or tojl-gate, or at any other place upon the turnpike
Iroad, to meafure every fuch waggon, wain, or cart; and if any or they /hall
mafter or driver of any w^aggon, wain, or cart, fhall hinder, ori^o^be per-
refufe to permit fuch furveyor or furveyors, gate-keeper or gate- "^^^^^^^^ P^^^*
keepers, to meafure fuch waggon, v^'ain, or cart, as aforefaid,
he or file (hall forfeit the fum of five pounds 3 and it fhall not
be lawful for any fuch waggon, wain, or cart, not permitted
to be meafured as aforefaid, to pafs along arty turnpike road.

XIII. And be it further enaded, That no waggon, wain, of ^^o nine inch

other four-wheeled carriage, having the fole or bottom of the ^^"^*^'^^^^'^^^^

fellies of the wheels of the breadth or gauge of nine inches, j^^a^^^^widi ^

(hall pafs or be drawn on any turnpike road with more than more than

eight horfes ; nor any cart, or other two- wheeled carriage, hav- eight horfes j

ins; wheels of the breadth aforefaid, fhall pafs or be drawn upon ^?^ ^^j'

^ ., I • 1 1 i- 1 r 1 .u » wheeled ear-

any turnpike road with more than hve horfes; and that the pja^^^s fame

horfes in fuch refpedive carriages fhall draw in pairs ;' (except bre'adth, with

an odd horfe in any team, and except where the number of i^icire thaa

horfes fhall not exceed four;) and alfo that no waggon, vt'ain, ^"^^ i

or other four-wheeled carriage, having the fole Or bottom of the ^\ . ^

fellies of the wheels of the breadth of fix inches, (hall pafs or be ^^.'^'^^f^ ^^^f*

drawn on any turnpike road with more than fix horfes ; and riages not to

that no cart, or other two- wheeled carriage, having wheels of the be drawn with

breadth laft mentioned, fhall be drawn on any turnpike road ^^°^^ ^^^^ fi^

with more than four horfes; and alfo, that no \vag:o;on, wain, -^^^^^

4 s*^ nor two-

or other four-wheeled carriage, having the fellies ot the wheels wheeled car-

of lefs breadth than fix inches, fhall pafs or be drawn on any liages with

turnpike road with more than four horfes ; and that no cart, or "^o^^ than

other two-wheeled carriage, having the fellies of the wheels of ^^"^' ^^^'^'^^^

Ifefs breadth than fix inches, fliall pafs or be drawn on any turn- q^* p

pike road with more than three horfes ; and the owner of every wago-ons, Sec,

fuch waggon, wain, cart, or carriage, fhall forfeit the fum of for every

five pounds ; and the driver thereof, not being the owner, the ^^^^^ above

fum of twenty (hillings, for every offence againfl: the provifions fofl-!""^!^'^^'

aforefaid, to any perfon or perfons who fhall fue for the fame.t a,-,^^ the driver

XIV. Provided always. That all carri?.ges moving upon rollers 20 s.

of the breadth of fixteen inches on each fide thereof, with fiat Carriages up-
furfaces, are hereby allowed to be drawn with any number of ^^^ rollers
horfes, or other cattle. facets ma ^'be'

XV. Provided always, and be it enacled, That no profecu- dra'A-n wnh^
tion fhall be commenced before a juftice of peace, by way of any number
information, for any forfeiture incurred by the owner or driver ^^ horfes.
of any carriage having a greater number of horfes therein than Profecntions
are allowed by this act, unlefs fuch information be laid within "^'^ ^^ ^^
three days after the cfl'ence committed ; and that no adiont fi'iall aX'(?Tnfor'
be commenced for any fuch offence^ unlefs the fame be com- ruationbelaid

Vol, XXX, T m^nged

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274 Anno decimo tcrtio Georgii III. c. 84- [1773.

within three menced within one calendar month after the offence committed ;
days after the ^j^j ^Yi^[ neither fuch information or a6tion (liall be laid or com-
cominuted. menced, unlefs notice fhall be given by the informer to the
driver of every fuch carriage, on the day upon which the offence
fhall be committed, of an intention to complain of fuch offence ;
and if it fhall appear to the juftice before whom fuch complaint
Ihall be made, that the offender lives fo remote as to make it
inconvenient to fummon him to appear before fuch juftice, the
juftice may difmifs the complaint, and leave the informer to his
remedy by adion at law.
Waggons, S:c. XV L Provided always, an<i be it enaded. That it (hall and
may be drawn may be lawful for any waggon, wain, cart, or carriage, to be
by any num- drawn with any number of horfes upon any turnpike road where
wl[en an en-^' a weighing engine ftiall be ereded, provided fuch carriage fhall
gineisereded, be weighed at fuch engine : and in order that the owner or
and the car- driver cf every fuch carriage may be furnifhed with proper evi-
nageweighed. dence of the fa^ls above mentioned, if any profecution (hould
be commenced againft him or them for ufing a greater number
of horfes than are allowed by this a6l, the perfon who fhall
have the care of fuch weighing engine fhall, and is hereby re-
quired, on demand made by the driver of any fuch carriage,
to give to fuch driver a ticket, certifying that fuch carriage
was weighed, and the weight thereof, with the loading.
Penalty on XVII. And be it further enaded, That if any perfon or

taking off perfons fhall take off, or caufe to be taken off, any horfe or
horfes, oral- horfes, or other beaft of draught, from any waggon, or other
dHlTn^ceo^f carriage, or ftiall alter, or caufe the diftance df the wheels
the wheels thereof to be altered, at or before the fame fhall come to any of
betore coming the faid gates or turnpikes, with intent to avoid any toll, forfei-
toagate. ^^^^^ ^j. penalty, for drawling with a greater number of horfes
or beafts of draught, or in any other manner than hereby allowed,
each and every perfon fo offending, and being convided thereof
before one or more juftice or juftices of the peace for the limit
where the offence fhall be committed, upon the oath of one or
more credible witnefs or witnefles^ fhall forfeit and pay the fum
of five pounds.
Trufteesmay XVIII. Provided always, and be it enaded. That if it fhall
allow wag- appear to the truftees of any turnpike road, or any kvcn of
gons with them, at any of their publick meetings, by the oath Of one or
toT-^ch-awn^ ^^^^ witnefs or wntnefles experienced'in levelling, that any part
u^p hills wTh of the rife of any hill upon fuch turnpike road fhall be more
JO horfes i than four inches in a yard ; in fuch cafe it fhall and may be
and carts by lawful to and for the faid truftees, or any feven of them, to al-
i]x, c^c. Yoyf fuch number of horfes as they fhall judge neceflary, not ex-

ceedino- ten for waggons with nine inch wheels, nor fix for carts
with nine inch wheels; and not exceeding feven for waggons
with fix inch wheels, nor five for carts with fix inch wheels ;
and not exceeding five for waggons with wheels of lefs breadth
than fix inches, nor four for carts with wheels of lefs breadth
than fix inches : and in cafe it fhall appear to the faid truftees,
in manner aforefaid, that the whole rife of any hill taken toge-
ther

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^773-1 Anno declmo tertio Georgii III. c. 84. 275

ther fhall be more than four inches in a yard upon an average, They may al-
it (hall and may be lawful for the faid truftees, or any feven of j^*^^"^^^ "J?"^-
them, to allow fuch number of horfes as they fhall think fit to ag^^hey diink
be ufed in fuch waggons and carts refpedively, for the purpofe £t, up hilJs
only of drawing the fame up fuch hill or hills, as aforefaid, the hfing more
length and extent of fuch hill or hills to be fpecified in fuch 5^^" + inches
order jof allowance, and the termination at each end thereof j^^^^^^^^^^^^j^
to be marked by a pod or {lone, to be erecSled, at fuch refpedlive the order of
boundaries ; and the faid order of allowance (hall be certified allowance,
by the faid truftees, or their clerk, to the next general quarter
feilions of the peace, of the limit within which fuch hill or hills
fhall refpe6lively be fituated : and if the fa61s, upon which the
fame is founded, (hall, at the faid quarter fefTions, be proved
upon the oath of one or more credible witnefs or witnefTes, to
ihe fatisfai5tion of the juftices on the bench, or the major part
of them, the faid order of allowance fliall be confirmed and filed
among the records of the fefiions by the clerk of the peace, or
otherwife (hall be vacated and quafhed : and from and after fuch
confirmation and filing, no perfon (hall be liable to any penalty
or forfeiture for ufing fuch number of horfes as (hall be fo al-
lowed in drawing any waggon or cart up fuch hill or hills re-
fpedively ; and it (hall and may be lawful for the faid juftices,
at any fubfequent quarter felfions of the peace, to re-confider
the faid order of allowance, and to difcharge the fame, if they
think fit.

XIX. Provided alfo, and be it further enadled. That if it Exemption

fhall appear, upon the oaths of credible witnelTes, to the fatisfac- with rerpe6t

tion of anv iuftice or juftices of the peace, or of any court of ^J^ ^^^^^^^S^f ,
' n- 1 T J . r .t .' c .u- rt^t . drawmg with

juftice, authoriled to enforce the execution or this act, that any ^^ extraordU

waggon, cart, or carriage, could not, by realbrr of deep fnow or nary number

ice, be drawn with the refpedlive weights, and by the number of of horfes

horfes or beafts of draught hereby refpe6tively allowed ; then, ^^roughdeep

and in every fuch cafe, it (hall and may be lawful for fuch juftice or

juftices of peace, or court refpecftively, and they are hereby re-

fpe6lively required, to ftop all proceedings before them refpec-

tively for the recovery of any penalty or forfeiture which may

have been incurred by drawing with a greater number of horfes,

or beafts of draught, than are hereby allowed 3 any thing herein

contained to the contrary notwithftanding.

XX. And zubereas great damage is done to turnpike roads by Narrow wheel-
waggons^ and other carriage Sy with narrow ivheels^ drawn by hoi'fes ed waggons
in pairs ; for remedy thereof, be it enaded, I'hat it ft;iall not "°*^ ^° ^^

be lawful for any waggon, wain, or cart, having the fole or horfc"
bottom of the fellies of the wheels thereof of lefs breadth or pairs .^ ^'^
gauge than nine inches, to 'pafs upon any turnpike road, or
through any turnpike gate or bar, if the fame ftiall be drawn
by horfes in pairs, (other than and except fuch v;aggons, wains,
or carts, having the fellies of the wheels thereof of the breadth
of fix inches, as (hall be authorifed to be drawn in any other
manner by order of the truftees of any turnpike road within
their diftrica, made at a publick meeting, confifting of [even

T 2 truftees.

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27^ Anno declmo tertio Georgii III. C.84. [177J

truftees, or more ; which order it fhall and may be lawful for
the faid truftees to revoke at any fubfequent meeting, and after-
wards to make a new one, if they fhall think fit, for the fam-e
purpofe, and fixed in writing upon every toll-gate within fueh
diftridl, and except carriages dravs^n by two horfes only.)
Penalty on XXL And be it further enabled, That in cafe any perfon or

drivers driv- perfons fhall, upon any turnpike road, drive, or a6l as the driver
co^t^ra^^^^^^'^ or drivers of any waggon, cart^ wain, or carriage, not being
thrdTreaions ^^^^^^ according to the direcStions of this aft; or drawn by
of tliisaa, more than the number of horfes, or beafts of draught, hereby
refpedively authorifed ; that then, and in every fuch cafe, it
fhall and may be lawful to and for any conftable, tythingrtlan,
furveyor, or any other perfon, to aprehend and take, or caufe to
be apprehended and taken, fuch perfon or perfons, fo driving, or
a6ling as driver or drivers, as aforefaid, before one or more
juftice or juftices of the peace for the limit where the faid offence
fhall be committed, and, upon convidion thereof, either by the
Gonfeffion of the party, or by the oath of one or more credible
witnefs or witneffes before fuch juftice or juftices of the peace,
every fuch perfon or perfons fo offending, (hall refpedively for-
not exceeding feit and pay, for every fuch offence, a fum not exceeding five
5h pounds, nor lefs than ten fl:iillings, at the difcretion of the

juflice or juftices before whom fuch offender fhallbe convided*
Where extra- XXII. Jnd zuhereas in and hy fcveial a5ls of parliament^ wade
ordinary tolls for amending and repairing particular turnpike roads^ feveral high
have been ^^^^ extraordinary tolls are granted^ and dire5led to he levied and
frufteesmay paid for waggons^ carts^ and other carriages^ drawn by more than a
mitigate certain number of horfes^ or beafis of draughty therein refpeSlively

them, in re- 7nentioned^ with an intent^ in effe5i^ to prohibit the paffage of fuch
^P^^ ^^^~°^^" carriages^ and thereby the better to preferve the faid roads ; now it
2ons^ &c5' ^^ hereby further ena(S]:ed, That it fhall and may be lawful to
and for the faid truftees appointed, or to be appointed, in or by
virtue of any a6l of parliament made for repairing and amend-
ing fuch particular roads, as aforefaid, or any five or more of
fuch trufiees refpedively, within their refpedive diftridts, and
they are hereby authorifed and required, at the iirft meeting
after the comnjcnceirent of this a6t, to mitigate, leffen, and
reduce the faid high and extraordinary tolls and duties, for
and in refped of fuch waggons, or other wheeled carriages only,
having the wheels of the breadth or gauge of fix inches, as
aforefaid, in. fuch manner as no greater toll or duty, in re-
fpe6l to waggons, be demanded or taken for the fame than is
provided and direded by the faid a<5ls refpedively to be paid
and taken for waggons, and other four-wheeled carriages, drawn
by four horfes, or beafts of draught 5 and that no greater toll
or duty be demanded or taken for carts having the fellies of
their wheels of the breadth or gauge of fix inches, than is pro-
vided and directed by fuch a6ls refpedively to be taken for carts
drawn by three horfes ; and the faid truftees, within their re-
fpedive diftrids, or any five or more of them refpedively, are
hereby authorifed and required to give diredions, in. writings to

the

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1 773.] Anno declmo tertio Georgii IIL c.84.' 277

the feveral colle<5lors within fuch their refpedive diftrids, to
take and receive fuch tolls and duties, and no other j any law
or ftatute to the contrary notwithdanding,

XXIII. And be it further enacfled. That the truftees appqint- One half more
ed by virtue or under the authority of any ad of parliament, than the tolls
made for repairing or amending turnpike roads, or fuch perfon ?^'^ ^^""^.^^^^
or perfons as are authorifed by them, (hall and may, and are ^i^eeled wag-
hereby required, to demand and take, for every waggon, wain, gons, Sec.
cart, or carriage, having the fellies of the vvheels thereof of lefs

breadth or gauge than fix inches from fide to fide at the leafl:,
at the bottom or fole thereof, and for the horfes, or beads of
draught, drawing the fame, one half more than the tolls or
duties which are or fliali be payable for the fame refpedively ;
and for every waggon, wain, cart, or carriage, having the and after 29
fellies of the wheels thereof of lefs breadth or gauge than ^^P*,* '776,
fix inches from fide to fide, at the leaft, at the bottom or fole ^^^^J'^''^^ ^^^'^^
thereof, and for the horfes, or beads of draught, drawing the '
fame, from and. after the twenty-ninth day of September^ one
thoufand feven hundred and feventy-fix, double the tolls or
duties which are or (hall be payable for the fame refpedively,
by any a6l or a61s of parliament made for amending or repair-
ing turnpike roads, before any fuch waggon, wain, cart, or car-
riage refpedively, (hall be permitted to pafs through any turn-
pike gate or gates, bar or bars, where tolls (hall be payable by
virtue of any fuch adls.

XXIV. And whereas there are in feveral a5li of parliament^ for
pjakingj amending^ and repairing turnpike roads^ exemptions allowed
from paynient of tolls in particular cafes therein refpe5iively mention-
ed^^ cind liberties are alloived in particular cafes to pay lefs tolls than
are charged upqn ether waggom^ ivains^ carts^ and carriages^ P^fpng •
through turnpike gates or bars : and whereas it yj'dl tend to the ad-
vantage and prefer vation of turnpike roads to confine fuch exemptions^
liberties^ privileges^ and advantages^ to carriages with wheels of the

breadth or gauge of fix inches^ or up%mrds ; be it therefore enaded. No exemption
That no perfon fhall, by virtue of the faid ads of parliament, from tollby
have claim, or take the benefit or advantage of any exemption forn^ss' a^s
from toll, or part of tolls, or to pay lefs toll for or in refpedl of byanyperfbn,
any waggon, wain, cart, or other carriage, or horfe drawing the unlefs where '
fame, and carrying any particular kind of goods, than other carriages with
carriages of the like nature, carrying other goqcls, ought to pay, ^^^ nic^V^^^^^^
unlefs fuch waggQn, wain, cart, or other carriages, have the^^^^^ '
fole of the bottom of the fellies of the wheels thereof of the
breadth or gauge of fix inches or upwards, (other than and ex- Carts. &c.
cept carts and carriages, employed in carrying corn, or grain employed in
in the draw, hay, draw, fodder, duqg, lime for the improve- hufbandry
meet of Jand, or other manure, or any implements of huft)andry ^^^^P^*^ •
qnly ;) but that the toll required by the faid ads refpedtively to-
gether with the additional tolls hereby required to be taken for
qr in refpe6t of every fuch waggon, vvain, cart, or other carriage,
having the fole or bottom of the fellies of the wheels thereof of
Ipfs breadth or gauge thari fix inches as aforefaid, gnd far and \xi

T 3 re-

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278 Anno decimb tcrtio Georgii III. c. 84. [177.3.

refpea of horfes, or beafts of draught, drawing the fame!
(except as before excepted,) Hiall be paid in the fame rtianier
to all intents and purpofes, as if no exemption, or lefs toll, had
been enacted or allowed by any of the faid ads refpedlively, and
as fully as all other waggons, wains, carts, and carriages, and

noHn, JT,"^ "'' '^"^'' °"S^' refpeaively to pay, which are
not intitled to any exemption from toll, in the whole or part •
or to pay a lefs toll than other waggons, wains, carts, and carl

., , . '■'^^'.^"g '=> V; '^'^"^^ '° ^'^^ ^°"t">'y notwithftanding.
No benefit to -^XV Provided, That no perfon or perfons be allowed to
Se^Sro^ ^'^^"^f^^l^^^fi^of^^y/^ch exemptions, or to have the prlvTle e
«nLTthe"l- J^'-e'n-before given of compounding in refpefl of any carJia^e
lies lie flat, having the fellies ot the wheels thereof of the breadth or eauee
?ucffenit",ba'i[lirfl:;'^' unlefs the femes, and the tire Ipfa
Waggons, c^'c. XXVI, Provided alio. That all waggons, carts, or carriages

brtadth of 16 ^Y^^ thereof, with flat furfaces, fliall be permitted to pafs or be
inches, on Qi"awn upon any turnpike road toll-free, for the term of one
^'ith Rac'fur r"'^ 'a ^% '^^P^^^l ^'^^ Michaelmas, one thoufand fevea
face's .^^o S ^tli'Tt ^^^"^^;y;^\^^^ ^ ^"^ fro^ and after the expiration
toll tree for f A V^V^ r"^' ^"^""^ waggons, carts, or carriages, as afore-
one year, ^^^^ inaJl pals upon any turnpike road, throuo;h any toll-gate or
and trien after bar, upon paymg only fo much of the lolls and duties as fliall
C^of t^ ""^ fcced one half of the full toll or duty payable by this or
toll. ^^y turnpike ad, for all waggons, wains, or carts, having the
fellies of the wheels of the breadth or gauge of fix inches from
J^ide to fide, or for the horfes or beafls of draught drawing the
fame, and not rolling a forface of fixteen inches on each Mq'
■ thereof; and that no more thap half toll fliall be paid in refpea
of waggons having the follies of the wheels thereof of the breadth
of nine mches, and rolling a furface of fixteen inches on each
Jide thereof, from and after the commencement of this acl^ any
thing herein contained to the contrary notwithflanding.
Carriages to XXVII. Provided always, That nothing herein. before con-
doefno 'ex ^^'^"'"^ ^^^^ ^""^""^ ^' ^^ conflrued to extend, to any chaife-
tend, " marine, coach, landau, berlin, chariot, chaife, chair, calafh, or
hearfe, or to the carnage of fuch ammunition or artillery as fhall
be for his Majefty's fervice, or to any cart or carriage drawn by
one horfe, or two o^cen, and no more; or to any carriage hav-
ing the fole or bottom of the fellies of the wheels thereof of the
breadth of nine inches, which fliall be laden with one block of
ftone, one piece of marble, one cable rope, one piece of metal
or one piece of timber. '
Penalty on XXVIII, Provided alfo, and be it enafled, That if any per-
perfons frau- fon or perfons fliall take the benefit of any exemptions, under
fn'^^"ie ben^^^^ ""^ by virtue of this or any other acfl made for the repair of any
iit of any ex- turnpike road, m any fraudulent or collufive manner whatfoever,
emption, is fuch perfon or perfons fliali forfoit, for every fuch offence, a fum
not to exceed not exceeding five pounds, or Ms than forty fliillings, at the
5 i. difcretion of the juftice ox juflices before whotn fuch offender
fliaJi be convided,

XXIX. Ani

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177^1 Anno decimo tertio Georgii III. c. 84- ^79

XXIX. And whereas, inandhyfi.eralafsofparlument^ Thf^^^t^'^^
rndpajfedfor amending and repairing particular turnpike ^'ifjJ^'J' tolls, at a..y
is no power, or no effe^ual power, given to the_ truftees to leJJ.n the p^^j.^^ ^,,t.
tolU, although fucb turnpike roads may he fufficiently, or in a great i„g,
degree, amended and repaired, and all, or the greateft part of , the
money borrowed upon the credit ofanyfuch <'^J^f^yhave beenpaid
md discharged ; be it therefore further enacfled, 1 hat it ftiaJ_ and
may be lawful to and for the truftees appointed in and by virtue
' of any aft of parliament now in force for repairing and amend-
ing fuch particular roads as aforefaid, or any feven or more of
futh truftees refpeaively, and they are hereby im powered, m
any of the cafes aforefaid, at a meeting to be held for that pur-
pofe, of which one calendar month's notice Ihall be given in
writing, to be affixed on all turnpike gates which (hall be then
erected upon fuch refpedive roads, and in fome publick news-
paper circulated in that part of the country, from time to time,
fo leffen or reduce all or any of the tolls granted by any of the
faid refpeaive afts, for and during fuch time as the feid truftees,
or any feven or more of them, ftiall think proper; and after- and after-
wards! at any meeting to be held as atorefaid, f-m time to -r^s , ad.
time, if they Ihall fee occafion, to advance all or any of the tolls , i„^ "*"*
fo lelfened to any fum or fums of money, not exceeding the fe-
vera! rates granted by fuch afts of parliament refpedively.

XXX Provided neverthelefs. That where the whole money Provided fuch
borrowed on the credit of the tolls, granted by any fuch aa, f -^^j"- °f
(hall not have been paid and d.fcharged, no fuch tolls fhall be ^jjt^^'^^.^he
leflened or reduced without the confent of the perfon or perlons ^^^^^^^ ^^ ji,g
intitled to five-fixths of the money remaining due upon fuch creditors.

refpeaive tolls. ^ , „ y- ,• j ,

XXXI And whereas in and by feveral aBs of parliament, made Power for ju-
for repairing particular turnpike roads, there are no potoers given to ft'«y° ^^['n

the truftees to let or farm out the tolls arifing upon fuch roads, and in ^^^''

many cafes ivhere the particular am have given fuch power, they are
not executed and enforced in the mofl beneficial manner for fuch roads-
for remedy whereof, be it further enacted, 1 hat it (hall and
may be lawful for the truftees of any particular turnpike aa, or
any feven or more of them, at a publick meeting, to let to farm
the tolls of the feveral gates ereaed upon their refpeaive turn-
pike roads, in the manner herein-after mentioned, although no
exprefs power ftiall have been given by fuch turnpike ad for
that Durpofe ; and that whenever any tolls ftiall hereafter be let under pa. ti-
to farm bv virtue of the powers given by this or any other ad cuUr direc-
orlaTof parliament, the following direaions (liall be obferv- --,-^ re-
ed • (that is to fay,) the truftees (hall caufe notice to be given
of the time and place for letting the fame at leaft one month be-
fore the day to be appointed for that purpofe, by fixing the fame
UDon every toll-gate belonging to fuch turnpike road, and alfo
upon the market crofs of the market town neareft to the place
where the faid tolls are to be let, and alfo in fome pubhck news-
paper circulated in that part of the country, and fpecifying in
Lerv fuch notice the fum which the f^id tolls produced m the
■ ^ T 4 ?"■«-

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2 so Anno decimo tertio Georgii III. c.84. Tiyy *

preceding year, clear of the lalarv for colleain.. thr f„«» • r„

bidder.

The laft b

Hi
to

ft.a 1 oe required by the truftees ; and that they will be put up

4 r ckTr ^f t c ';? ""7 1^^ \°' P^°d"-d in the pre'cedin^
jear, clear of tlie l^ilary ot the colleaor ; and to prevent fraud
or ar>y undue preference in the letting .hereof, tirtrufteesar;
hereby required to provide a glafs with fo tr,uc fand n t ^

glafs, at the tirr.e of letting the faid tolls, rhal! be fet uC a

able and .mmed.ately after every bidding the glas (hall bJ

turned, and as foon as the fand is'run out! it fhfll be turned

again, and fo for three times, unlefs fome other bddinVrer-

lid- venes : and if no other Derfon lh:.ll w,a , "'""'ng inter-

drrtobethe have run thrnnoh flV/!:i py°","^a" .bid, until the fand (hall

fanner of the t .LTrml?^ gla's for three times, the laft bidder (hall

ter into a proper agreement for the taking thereof and pav-
ing the tnoney at the times fpecified in fuclf notice, or as ffi
be agreed upon between him and the truftees • and in rff.

tolls, or fix feme future day for the letting thereof, as they (hal!
judge moft proper, upon giving fuch nolice ther'eof as Ifore
:i ^"^ ^, .'"^i"^y' ■" that cafe, put them up at fuch fum
If the farmer as they (liall think fit : and if the perfon or perfons who fnall be

kfs toll than f'^^t" .^"y Pf^^" °\ perfons than what are authorifed or direcfled
allowed, he by this or the particular turnpike adf, he or they (liall, for every
forfeits s I. fuch oftence, forfeit the fum of five pounds, and (hal alfo for-
^ontril f'^ ^;^l^' -"'"^ f- -"ting the tSlls, if t'he faid trufteS (fall
if he is not ^T}, n ^ u "'n '^'"'^ ' ^"^ ^^^""y Other gatekeeper autho-
tbe farmer he r'^ed to collea the toils, who (hall take a greater or lefs toll than
forfdts+os. as aforefaid, (liall, for every fqch ofi^ence, forfeit the fum of

rprty (hillings.
Allftatute- XXXII And be it further enaded. That the furveyors of

SerLmedin ^"/".I^P'^^^e f°^.f^ ^f "ufe the ftatute-duty required ^by the
[h:?arift,&c. fP'^^l''^^ turnpike ads and the compofition/ arifing from^ the
,,l,ere it ^^me, .0 be performed, laid out, and expended, upon the turn-

arifes. pike road lying vvithin the parifii, townOiip, or place, from

which fuch duty (hah be required, and not elfewhere, and (hall
forfeit the fum of forty (liillings for every mifapplication there-
prroalr' ? ' ^"'^ 'hat Where there are two or more turnpike roads under

the fame pa- P'^ce, and the ftatute-duty direded by all fuch ads to be taken
rifh, and the or applied tor the repair of fuch turnpike roads within fuch
ftatuteduty parilh, townlhip, or place, fhall exceed three days duty in the

'^Ztcll^s Two o/i'""'.^",^ '" ^-'1 -^^' '^ ^^IJ ^hd rpay'be laJful ftr
three days, t^° ^"^ "^"^'^ J^^'c" of the peace of the limit where fuch turn-
the juftices pike roads (hall be, and they are hereby required, at fome fpecial
n)ayactjuftthe.ieflions, to adjuft and proportion the ftatute-duty betwixt fuch
proportions, tprnpikero^ds and the other highways in fuch parilh, town,

(hip^

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1773'] A"^o decimo tertio Georgii III. c. 84. 281

(liip, or place, in fuch manner as they (hall think fir, having
regard to the extent and condition of the faid feveral roads and
highways, and alfo to the tolls and revenues arifing from fuch
turnpike roads refpedively, the faid juftices previoufly fummon-
ing the clerks and furveyors of fuch turnpike roads and likewife
the furveyors of the highways, for fuch pari(h, townfhlp, or
place, who are hereby refpedively required to attend the juftices
upon fuch fummons.

XXXIIL And be it further enadled, That wheh the inhabi- Where turn-
tants of any parifli, townfhip, or place, fhall be indided or pre- P'^e ^^^^^
fented for not repairing any highway, being turnpike road, and ^[^ m^i^^^^d,
the court before whom fuch indidment or prefentment fhaJl be m f.f r^!^'!^^.^
preferred InaJl impofe a fine for the repair of fuch road, the tion the fine
fame fhall be proportioned, together with the cods and charges ^"^ cods be-
attending the fame, between the inhabitants of fuch pariih, ^^,^^"/*^^
townHiip, or place, and the truftees of fuch turnpike road, in and the^*^^^
fuch manner as to the faid court, upon confideration of the cir- t||iftees,
cumftances of the cafe, fhall feem juft ; and it fhall and may be
lawful for fuch court to order the treafurer of fuch turnpike road
to psy the fum (o proportioned for fuch turnpike road out of the
money then in his hands, or next to be received by him, in cafe
it fhall appear to fuch court, from the circumftances of fuch
turnpike debts and revenues, that the fame may be paid without
endangering the fecurity of the creditors who have advanced without en-
their money upon the credit of the tolls to be raifed thereupon ; ^angering the
which order Ihall be binding upon fuch treafurer, and he is ^^^^''''">' ^' the
hereby authorifed and required to obey the fame. creditors.

XXXIV, Provided always, and be it further enaded. That No fide. gate
no toll-gate Ihall hereafter be ereaed on the fide of any turnpike ^^ be erefted
road, unlefs the fame be ordered by the truftees, at a meeting, ""'^(s at a

of which twenty-one days publick notice (\^\\ have been giveli ]^^^'^^ "^^^^^
in writing affixed upon all the toll-gates erected on fuch roads, JTofice gh^en,
and alfo in fome publick news-paper circulated in that part of and by order
the country, fpecifying the place where fuch fide-gate is propofed ^S"^^ by the
to be ereded, and unlefs nine truftees at leaft (beina; a majority ^^^^^^^^•
of thofe prefent) a^all fign the faid order at fuch meeting ; and No toll to be
that no perfon ftiall be liable to pay toll at any toll-gate ereaed, paid unlefs the
or to be ereded, acrofs or on the f\de of any turnpike road, or ^^^'"j^^ges,
he fubjea to any penalty for any carriage, horfe, or beaft, which p^J^^^' ^"^^ .
ftiall only crofs fuch road, and ftiall nor pafs above one hundred upon J'he
yards thereon, except over fome bridge, erected at a confiderable road, or over
expence by the truftees of fuch Jurnpike road ; any thino- in this ^ bridge ered^
or any other aft of parliament contained to the contrary thereof !^ !j^ ^^^
in any-wife notwithftanding. iuitees.

XXXV. And be it further enacted. That if any perfon or Payment of

perfons ftiall agree to advance any fum or funis of oioney, tQ be nioaey fub.

employed in the making or repairing any turnpike road, or ^^^'^^-^^ ^^"^

highway intended to be made turnpike, and ftiall fubfcribe his, repaidn^^

her, or their name or names to any writing for that purpofe, turnpiki

^very fuch perfon ftiall be liable to pay every fum or fums of ^o^^^s, how

l^ioney (0 fubfcribed^ according to the purport of fuch writino^ • !.° ^^ ^^-
i " ■ ' , "^ * '^ J forced,

ana

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a82

Surveyor to
get and carry
away mate-
rials by con-
tra6l, after
publick no-
tice given.

Surveyor to
have no (hare
in the con-
tra(51, nor to'
fell materials,
or hire out any
team.

If furveyor'
fuffers earth,
rubbifh, or
itores to lie
4 days with-
in lo feet of
the centre of
the road, he
h)rfeits 40 s.

Anno decimo tertio Georgii III. c. 84. [1773*

and in default of payment thereof within twenty-one days after
the fame (hall become payable, according to the purport of fuch
writing, and (hall be demanded by the perfon to whom the fame
is made payable by fuch writing ; or if no perfon be named there-
in for that purpofe by the treafurer of fuch turnpike, or intended
turnpike road, it (hall and may be lawful for every fuch trea-
furer, or other perfon, to fue for and recover the fame, in any of
his Majefly's courts of record, by adlion of debt, or on the cafe,
bill, fuit, or information, wherein no effoin, prote6tion, or wager
of law, or more than one imparlance, fliall be allowed.

XXXVI. And be it further enaded. That on every turnpike
road where a fufficient quantity of ftone, gravel, chalk, or other
materials, cannot be provided and carried by the labourers and
teams required to perform ftatute-duty upon the fame, the fur-
veyor, with the approbation of the truftees of fuch road, fhall,
and is hereby required to contract for the getting and carrying
thereof, at fome time and place to be fixed for that purpofe, of
which ten days notice in writing Ihall be given, by fixing the
fame on the door of the church or chapel of fuch parifli, town-
Ihip, or place, or, if there be no church or chapel, ai the moffc
publick place there, which notice (hall fpecify the work to be
done, and the time and place for letting thereof: and if any fur-
veyor fhall have any part, fhare, or intereft, diredly or indired-
ly, in any fuch contrad , or in any other contra^ or bargain, for
work or materials, to be made, done, or provided, upon, for, or
on account of any of the highways, roads, bridges, or other
works, under his care or management ; or (hall, upon his own
account diredly or indiredly, let to hire any team, or fell or dif-
pofe of any timber, ftone, or other materials, to be ufed or em-
ployed in making or repairing fuch roads, bridges, or other
works, as aforefaid, unlefs a hcence in writing for the fale of any
fuch materials, or for letting to hire any fuch team, be firft ob-
tained from the faid tru(tees; he (hall forfeit, for every fqch of-
fence, the fum of ten pounds, and be for ever after incapable of
beino-'employed as a furveyor, under the authority of this or any
other a6l of parliament.

XXXVII. And be it further ena6led, That if the furveyor or
furveyors, or other perfon or perfons, having the care of any
turnpike road, fnall knowingly fufFer to be or remain, for the
fpace of four days, in any part thereof, within ten feet on either
ride of the middle of fuch road, any poft or pofts, heap or heaps,
of ftones, rubbifh, or earth, fet up, or raifed in or above the
furface of the faid road, by which the pafTage thereof fhall or
may be obftruaed, impeded, confined, or ftraitened, (other than
and except pofts, blocks, fi:ones, or banks of earth, fixed in the
o-round, or raifed for fecuring horfe or foot roads, or pa(rages for
water, and alfo direaion-pofts and ftones), fuch furveyor, or
other 'pe^^on, fliall forfeit the fum of forty fliillings,

XXXVIII. Jtid whereaSiinconveniencies have arifen from maling.
hecUes, or other fences, and from ploughing or breaking up the foil of
]an% or ^rounds, near the middle or centre of iurnpih roads-, for re-

^ medy

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1773-1 Anno declmo tertio GeoRGII III. c. 84. 283

medy thereof, be it further enaded. That if any perfon {hall in-'Perfons mak-
croach, by making, or caufing to be made, any hedge, ditch, or ing incroach-
other fence, on any turnpike road, within the diftance of thirty "^^"^^ within
feet from the middle or centre thereof; or aiall plough, harrow, c'e/t'/e^°fVhe^
or break up the foil of any land or ground; or in ploughing or road^ or
harrowing the adjacent lands, (hall turn his or their plough or ploughing
harrow in or upon any land or ground within the diftance of ^^i^t^"^ '5
fifteen feet from the middle or centre of any turnpike road, made f^\ thereof,
or to be made ; every perfon fo offending, (hall forfeit, for every °^ "^^ ^*
fuch offence, forty (hillings, to fuch perfon as (hall make infor-
mation of the fame: and it fhall be lawful for the truftees who Trufteesma^
have the care of any fuch road, or any five or more of them, to caufe the fame
caufe fuch hedge, ditch, or fence, to be taken down or filled up, ^^ ^^ removed
at the expenceof the perfon or perfons to whom the fame fliall ^^fhec^ence
belong ; and it (hall and may be lawful for any one or more ju- ^r ^ ^^^^ '
flice or juftices of the peace of the limit where fuch offence (hall
be, committed, upon proof thereof to him or them made upon
oath, to levy as well the expences of taking down fuch hedges
as aforefaid, as the feveral and refpedive penalties hereby im-
pofed, by diftrefs and fale of the offenders goods and chattels,
rendering the overplus to the owner on demand.

XXXIX. J/id whereas in fome places it hath been and may he Perfons de.
found necejfary^ and the truftees of all turnpike roods are hereby au- f^^oying or
thorifedand required, to fecure, or caufe to hefecured, horfe caufeway^, damaging
and foot caufeways, to travel upon, in publick highways, by pofis, ^rpoftr&c
blocks^ or great fionesfxed in the ground, or by banks of earth cajlup, Tet up to fe-*
or othervjife,from being broken up and f polled with waggons, wains, ^"^^ caufe^
carts, or carriages ', and for af much as feveral evil- difpofed perfons do ^^y^, battle-
or mciy wilfully or tvantonly pull up, cut down, and remove or damage Ses"" &c
the laid pofts,^ blocks, and great flones, fo fixed, or to he fixed, as afiore^ '

faidy and drive carriages upon fuch banks and xaufewoys, or again fl
the fides thereof, and afo dig or cut doivn the faid banks, which are
the fecurities and defence of the faid caujeivays, ivhereby the caufeivays
or banks are often ruined and defiroyed-, and fuch evil difpofed per-
fons do or may break, damage, or throw dozvn the flones, bricks, or
wood, fixed upon the parapets or battlements of bridges, and do or fnay
pulldoivn, deflroy, obliterate, or deface, any mile fi one or p oft, gra~
duated or direo^ion poft or Jlone, creeled or to be ere^ed, upon any
turnpike road : for prevention thereof, be it ena61ed. That everv forfeits nofe
perfon who Qiall be guilty of any fuch offence, (liall, upon com'- ^^'^^^^i^g sh
plaint thereof made to any jufticcof the peace of the limit where "^^ ^^^^ ^^^^'^
the fame (hall be proved to be done, by the oath of any one ere- ^"^ ''
dible witnefs, or upon view of the juftice himfelf, forfeit, for
every of the faid offences, any fum not exceeding; five pounds,
nor lefs than ten (hillings; and in default of payment thereof,'
fhall be committed to the houfe of corredtion of fuch limit,'
there to be whipped and kept to hard labour, for any time not
exceeding one calendar month, nor \d% than ^M^n days, at the
difcretion of fuch juftice, unlefs the fame be fooner paid.'

XL. And vjhcreas many bad accidents happen, and great mif chiefs
are frequently done u^on the Jlreets and highways, being turnpike roads ^

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284 Anno decimo tertlo Gecrgji 111. C84. [i771.

by the negligence or wilful mlfhehaviour of perfons driving carriages
Any driver thereon\ be it therefore enaded, That if the driver of any cart,
r.ot attending ^ar, dray, or waggon, fliall ride upon any fuch carriage, in any
or wdrulty^* ftreet or highway, not having fome other perfon on foot, or on
mifbebaving, horfeback, to guide the fame, (fuch carriages as are conduced
by fome perfon holding the reins of the horfe or horfes drawing
the fame excepted ;) or if the driver of any carriage whatfoever,
on any part of any iireetor highway, fliall, by negligence orwil-
ful mifbehaviour, caufe any hurt or damage to any perfon or
carriage paffmg or being upon fuch ftreet or highway; or (hall
quit the highway, and go on the other fide the hedge or fence
inclofing the fame; or wilfully be at fuch diftance from fuch
carriage, or in fuch a fituation, whilft it lliall be paffing upon
fuch highway, that he cannot have the diredlion and government
of the horfes or cattle drawing the fame ; or fhall, by negligence
or wilful miltehaviour, prevent, hinder, or interrupt the free
pafTage of any other carriage, or of his Majefly'5 fubjeds, on
the faid highways; or if the driver of any empty or unloaded
waggon, cart, or other carriage, fhall refufe or negle(5l to turn
afide and make way for any coach, chariot, chaife, loaded wag-
gon, cart, or other loaded carriage ; or if any perfon (hall drive,
or ad as the driver of, any fuch coach, pofl: chaife, or other car-
riage, let for hire, or waggon, wain, or cart, not having the
owner's name, as hereby required, painted thereon ; or fhall rcr
Tufe to difcover the true ehriftian and furname of the owner of
forfeits, if not fych refpe6tive carriage; every fuch driver fo offending in any of
^he crrrfa^cre^ ^^^ ^'^^^^ aforefaid, and being convi6kd of any fuch offence, ei-
not exceeaing ^^^^r by his own confeffion, the view of a juftice of peace, or by
10 s, the oath of one or more credible witnefs or witneffes, before any

juftice of the peace of the limit where fuch offence (hall be com-
mitted, fhall, for every fuch offence, forfeit ^ny fum not exceed-
ing ten fhillings, in cafe fuch driver fhall riot be the owner of
and if the fqch carriage; and in cafe the offender be the owner of fuchi
owner, not ex- (Carriage, then any fum not exceeding twenty fhillings; and in
cetdmg zos. ^.^^^^ ^^ ^j^^ ^^.^ ^^^^^^ ^^^^ j^^ default of payment, be com-

mitted to the houfe of corre6lion for any time not exceeding one
and may be month, unlefs fuch forfeiture (hall be fooner paid ; and every fuch
apprehended driver offending in either of the faid cafes, fhall and may, by
"^ant^^^ ^^^' authority of this ad, with or without any warrant, be^pprehend-?
^^" * ed by any perfon or perfons who fhall fee fuch offence com-,

mitted, and (liall be immediately conveyed or delivered to a con-
ftable, or other peace officer, in order to be conveyed before fome
juftice of the peace^^ to be dealt with according to law; and if
any fuch driver, in any of the cafes aforefaid, ftiall refufe to dif-
cover his name, it ftiall and may be lawful for the juftice of the
peace before whom he ftiall be taken, or to whom any fuch com*
plaint ftiall be m*ade, to commit him to the houfe of corre6lion
for any time not exceeding three months, or to proceed againft
him for the penalty aforefaid, by a defcripton of his perfon and
the offence, and expre(Iing,'in his proceedings, that he refufed to
difcover his nan^e^ ^ ^^ ^^^^

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1773'] Anno decimo tertio Georgii III. c. 84. 2S5

XLI. And^fot the better convenience of traveller t^ where [everal The truftees
highways tneei^ be it further enadted, That the truftees, appoint- ^^^ to order
ed to execute any a6l of parliament made for the repair of any ^'^^"^<^^i^" pods
turnpike road, fhall dire6l the furveyor of every fuch turnpike put up^^Jkh*^
road, where feveral highways meet, and there is no fufBcient di- proper] nfcr in.
redion-poft or ftone already fixed or ereded, forthwith to erecff, t'ons thereon,
or caufe to be ereded or fixed, in the mod convenient place ^^^^^ ^^^^^
where fuch ways meet, a llone or poH:, with an infcription there- ^ "^^tz^
on, in large letters, containing th^ name of, and diftance from,
the next market town or towns, or other confiderable place or
places to which the faid highways refpedively lead; and alfo at orwhere there
the feveral approaches or entrances to fuch parts of any highways ^^^ ^^^P ^^
as are fubject to deep or dangerous floods, graduated flones or ^^"1^^*^"^
pofts, denoting the depth of water in the deepeft part of the ^'
fame, and likewife fuch diredion-poftsor ftones, as the faid tru-
ftees fhall judge to be neceftary, for the guiding of travellers in
the beft and fafeft trad through the faid floods or waters ; and and alfo mile-
alfo (hall order the faid furveyor to ered mile-ftones or pofts up- ^ones.
on fuch turnpike road, with proper infcriptions and figures
thereon, denoting the names and diftances from the principal
towns or places on each refpedive road, and from time to time
to repair fuch ftones and pofts, and keep and continue legi-
ble the infcriptions thereon re(pe6tively ; and the faid furveyor
ftiall be reimburfed the expences of providing, ereding, repair-
ing and continuing the fame refpeciively, out of the tolls and
duties granted by fuch ads refpedively ; and in cafe any furveyor
ftiall, by the fpace of three months after fuch diredion to him or
them given, negled or refufe to caufe any fuch fione or poft to be
fixed or repaired, as aforefaid, every fuch offender fliall forfeit the
fum of twenty fliillings.

XLII. And^ to prevent the malicious deflroying of any turnpike-
gate or houfe^ which hath been^ or /hall hereafter he^ ereSied^ be it
further enaded. That if any perfon or perfons whatfoever ihall The malicious
either by day or night, wilfully or malicioufty pull down, pluck ^^^^°>.^"g <^^
up, throw down, level, or otherwife deftroy any turnpike^^ate or g^'ates houfe.
turnpike-gates, or any poft or pofts, rail or rails, wall or'walls, weighing en-*
or"any chain, bar, or other fence or fences, belonging to any §^"^2, hz.
turnpike-gate, or any other chain^ bar, or fence, of any kind
whatfoever, fet up or ereded, or hereafter to be fet up or ereded,
to, prevent pafTengers from pafllng by without paying any toll'
laid, or direded to be paid, by any ad or ads of parliament made
for that purpofe ; or any houfe or houfes ereded, or to be ered-
ed, for the ufe of any fuch turnpike gate or turnpike-gates ; or
any crane, machine, or engine, made or ereded, or to be made
or ereded, on any turnpike road by authority of parliament, for
weighing waggons, carts, or carriages; or ftiall forcibly refcue
any perfon or perfons, being lawfully in cuftody of any officer or
other perfon, for any of the offences before mentioned; that,
then, and in any of the faid cafes, every perfon fo offending be- ll^^^^'^'/"^
ing thereof lawfully convided, ftiall be adjudged guilty of felony, tole tranF
and fhall be tranfported to one of his Majeftfty's plantations ported*

abroad

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286 Anno decimo tertio GeoRGII III. c.84. [177 3i

abroad for feven years, or (hall be committed to prifon for any
time not exceeding three years, at the difcretion of the judge or
court before whom fuch offender fliall be tried ; and any indict-
ment for fuch offences fhall and may be enquired of, examined,
tried, and determined, in any adjacent county within that part of
Great Britain called England^ in fuch manner and form, as if the
ta6ls had been therein committed,
and the inha- XLIII. And be it further enabled, That the inhabitants of
bitamts of the every hundred, within that part of Great Britain called England^
hundred aiall within which fuch offence or offences (hall be committed, by
make latisfac- n- j j n. • r i -i

tion for the P^^lhng down or dettroying any fuch turnpike gate or gates, or

damagesdone, ^ny fuch poft or polls, rail or rails, wall or walls, belonging to
vinlefs the of any turnpike gate or gates, or any fuch chain, bar, or fence, or
fender be con- ^^y houfe or houfes, fet up or erected, or to be fet up or ereded,
li^mon^hs af- ^^^ *^^ ^^^ ^^ fervice of colle61ing the tolls, or any crane, ma-
ter the offence chine, or engine, made or ere6led on any turnpike road, by au-
committed. thority of parliament, for w^eighing waggons, carts, or carriages,
at any place appointed by the refpective truftees, or any five or
more of them, a6ling under any a6t or a6ls of parliament, for
amending any turnpike road, (hall make full fatisfadion for the
damages that (hall be thereby fuffered ; and that the faid damages
fiiall and may be recovered by a6lion of debt, bill, plaint, or '
information, in any of his Majefty's courts of record, by and
in the name of the clerk of the peace of the county for the time
being wherein fuch offence or offences fhall be committed, with-
out naming the chriftian or furname of the clerk of the peace;
and fuch adion fhall not be abated or difcontinued by the death
or removal of any fuch <:lerk, but may be fued and profecuted
by his fucceffors ; and the faid damages, fo to be recovered, (hall
be to the only ufe and behoof of the truftees of fuch turnpike
road where the offence fliall have been committed, to be by
them applied and difpofed of to the feveral ufes and purpofes,
and in JTuch manner, as the feveral tolls, rates, and duties, by
virtue of fuch a6l or ads of parliament, (hall be applied and dif-
pofed of; and all and every the inhabitants of fuch hundred (hall
be rateably and proportionably taxed for and toward an equal
contribution, for the relief of fuch inhabitant or inhabitants'
againfl whom execution for fuch damages (hall be had and levied,
which tax (hall be levied and raifed by fuch means, and in fuch
manner and form, as is prefcribed and mentioned for the levying
and raifing the damages recovered againft inhabitants of hun-
dreds, in cafe of robberies, by any ad or ads of parliament:
provided, that upon convidion of any fuch offender within
twelve months after the offence committed, any hundred, or the
inhabitants thereof, liable to make, and having made fuch fa-
tisfadion, fhall be repaid the fums they have fo paid out of the
tolls of the turnpike where fuch offence was committed.

XLIV. :dnd zvhereas great mif chiefs have ari fen from mean per^
fons a^ing as trujiees in the e:<ecution of fuch a5ls of parliament ^ made
for repairing publick roads in that part ^ Great Britain called Eng-
land, as do not dire^ and require that the truftees thereby appointed

JJ)all

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'773-1 Anno dccimo terdo Georgii III. g. 84. 287

Jhall be qualified to a5i as fuch by the pojfejjion of real or per fonale flutes

to a certain value \ be it therefore enadted. That no perfon (hall C^alification

be qualified, or capable of ading as a truftee in the execution of ^^. ^J^"^^^^'

any fuch acl as aforefaid, unlefs he (hall be in his own right, or tlcular^a^has

in the right of his wife, in the adual pofleffion or receipt of the not fixed it.

rents and profits of lands, tenements, or hereditaments, of the

clear yearly value of forty pounds; or poffefied o^^ or intitled to,

a perfonal eftate to the value of eight hundred pounds ; or (hall

be heir-apparent of a perfon pofleffed of an eflate in land of the

clear yearly value of eighty pounds; and unlefs he hath taken,

or fhall, (not being fuch heir-apparent as aforefaid), before he

a6ls as fuch truftee, take and fubfcribe the oath following before

any two or more of the truftees appointed, or to be appointed,

by or in purfuance of fuch acfl, who are hereby authorifed and

impowered to adminifter the fame in the words, or to the effect

following; that is to fay,

I A. B, dofivear^ That I truly^ and bona fide am^ in my own rights ^^^^^ °^ ^^"*
or in the right of my ivife^ in the aSfual pojfejfwn and e?tjoyment^

or receipt, nf thfl rpnt^ nn/^ fim-fit^ nf lnn^<:. tnipmPtifA. nr hpt-p/lif/jriiat^^e

in me rigni oj my wtje^ in loe aciuai pojjejjion ana efijoynient^
eipt of the rents and profits of lands ^ tenement Sy or hereditaments^
clear yearlv value of forty t)oiinds ; or iyofTeffed of. or intitled tn^
^ mal
may be).

ur T citijJL uj luii Ttrn^ ana projin oj lauub^ it?ie7ntniby oi uer

of the clear yearly value of forty pounds ; or poffefjed of or intitled tOy

a perfonal ejlate to the value of eight hundred pounds^ (as the cafe

So help me GOD.

And if any perfon fhall prefume to a6l, contrary to the true in- Trufiees a(5]t-
tent and meaning hereof, every fuch perfon fhall, for every fuch ^"g.vvithouc
offence, forfeit and pay the fum of fifty pounds to any perfon oath"k)rfelt
who (hall fue for the fame; to be recovered in any of his Ma- 50I.
jefty's courts of record, by adion of debt, or on the cafe, or by
bill, fuit, or information, wherein no eflbin, proteclion, or wao-er
of law, or more than one imparlance, (hall be allowed; and fuch
perfon fo fued or profecuted (liall prove that he is qualified as
above, or otherwise (hall pay the faid fum of fifty pounds, with-
out any other proof or evidence on the part of the plaintiff or
profecutor than that fuch perfon hath adled as a truftee in exe-
cution of any fuch a6l.

XLV. And be it further ena^ed. That all clerks, treafurers, 9^«^"^s, trea-
furveyors, and other ofticers, appointed, or to be appointed, by '^^f^^**^^- ^®
any ad or a6ls made for the repair of any turnpike roads, and thViraccounts
their refpedive executors or adminiftrators, (hall, within ten when required
days after notice in writing to them refpedtively given by the ^^ ^^^ ^^""'
trufieesof fuch roads, or any ^Mt or more of them, at a meeting f ^r^' ^^ ^^^^
held purfuant to fuch a6l, produce and deliver up to fuch tru- every negledJ
ftees all books, accounts, papers, or writings whatfoever, relative *''

to the execution of fuch refpedlive offices, which (liall be in their
cuftodyor power; and every fuch officer or perfon as aforefaid
neglecting or refufing to produce and deliver up fuch books ac-
counts, papers, or writings, after fuch notice as aforefaid, fhall
for every fuch negled or refufal refpedively, forfeit the fum of
twenty pounds,

XLVL An4

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288 Anno decimo tertio Georgii III. c.84. [1773.

No perfon XLVL And It is hereby farther ena6led^ That no perfon or

keeping a perfons who fl^all keep any vidualling-hoafe, ale-houfe, or other

piiblick houfe houfe of publick entertaavment, or who (liall fell any wine, cy-

fhall be a tru- ^^^^ beer, ale, fpirituous or other ftrong liquors, by retail, fhall

pkce^Jf prifi^ ^^ capable of ading as a truftee, or of taking, holding, or en-

' joying any place or places of truft or profit under the truftees of

any act of parliament made, or to be made, for ere6ling turnpikes

refpeclively, or of colle6ling the tolls thereby granted and made

payable, during fuch time as he (hall keep fuch vidualling-houfe,

ale-houfe, or other houfe of publick entertainment, or (hall fell

any wine, beer, cyder, ale, fpirituous or other ftrong liquors,

hut be may by retail 3 but no fuch perfon (hall be precluded from farming

farm the tolls, fuch tolls, provided he employs a perfon to colle6t them who

ihall not be under any fuch incapacity.

XLVIL Jnd whereas the tru flees of fever al tumpih roads are
7iot fufficiently impoivered to pumjh nuifancts in the fever al roads un-
Tru (tees may der their care\ be it therefore further enadled, That the faid
dired^t profe- truftees of the feveral roads refpedlively, or any five or more of
nuifance^r and ^^^^^5 ^^ ^ publick meeting, may, and they are hereby impower-
pay the ex- cd, if they think fit, to dire6l profecutions by indidment againft
pences out of the offender or offenders for any nuifance done, committed, or
the turnpike continued, in or upon any of the turnpike roads under their care
revenues. refpedlively, at the expence of the revenues belonging to fuch
turnpike roads, to be allowed by fuch truftees, or any ^m^ or
more of them, at feme fubfequent meeting : provided, that no-
thino- in this a6l fliall be conftrued to impovver the truftees to
profecute, or caufe to be profecuted, any perfon for any fuch of-
fence, unlefs upon the confelfion of tlie offender, or that one or
more witnefs or witnefles can be had and produced to prove the
commiffion of fuch offence.

XLVIII. And whereas fraudulent cGntrivances may be pra^ifed by
offenders^ their friends^ and others^ to evade the juft recovery of for-
feitures aftd penalties infilled by laws relating to turnpike roads^ _ by
feiting up colourable profecutions zvith intent to favour offenders againfi
the faid laws^ and to difcouragj jufl and real profecutions ; for reme-
Infoimations dy thereof, be it ena6led, That it ft^all and may be lawful for all
tor penalties, ^j^^] every juftjce and juftices of the peace, before whom there
in order to ^^^jj ^^ ^^^ information or proceeding for any penalty or for-
iender, are"^ " feiture infli^ed by this or any ad or adts of parliament made for
deemed 'frnu- repairing and amending turnpike roads, and they are hereby re-
dulent and quired, where any information or convi6lion ftiall be fet up or
^^^'^' infifted upon, by way of defence, or to defeat any information or

proceeding, or any forfeiture or penalty inflicSled as aforefaid, to
examine into the real merits of fuch information, proceeding, or
convidion; and if thereupon it fhall appear that the fame was
not done, made, or profecuted efFeciually, to recover and apply
the penalty or forfeiture for the true and real ends arid purpofes
for which fuch penalties or forfeitures were enadted, but tofa-
vour the offender, fuch information or convidion (hall be deem-
ed to be fraudulent, and null and void to all intents and pur-
pofes whatfoever : and every fuch juftice or juftices of the peace
*^ fhall

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1 77 3-1 Anno decimo tertio Georgii IH. c. 84, 289

Ihall proceed to determine and convidt, as if no information or
convidion had been made, profecuted, or obtained.

XLIX. And be it further enaded. That where a fufficient If a fufficient
number of the truftees appointed by any a^ or ads of padiament, "j,^^^^^^^^^^ ^^^
made for amending or repairing any particular turnpike roads, appear at the
(hall not meet on the day appointed by any fuch adt or ads re- firit, or any
fpedively for their firft meeting, or fliall not meet on the day ap- adjourned '
pointed by adjournment for their meeting, or for want of a pro- ^g^j^^'J^^ *^^^^
per adjournment, by which means, or by fome or one of them, tif/^jayf an(f
the intent of the faid a6l or a6ls may be fruftrated ; in all or ei- give proper
ther of the faid cafes, it fhall be lawful for fo many of the faid notice thereof,
truftees as ihall meet, or the major part of them, or in cafe no
fuch truftee ihall be prefent, for their cleric or clerks, to caufe
notice in writing to be affixed on all turnpike gates which fliall be
then ereded on the faid refpe6tive roads, or if no turnpike gate
fliall be then ereded, to caufe the like notice to be affixed in
the moft confpicuous place in one of the principal towns or
places neareft to which the roads direded to be repaired do lie,
and alfo in fome public news-paper circulated in that country,
at leaft ten days before the intended meeting, appointing fuch
fuch truflees to meet at fuch place where the preceding meeting
was appointed to have been held, or at the place direded for the
firft meeting of fuch truftees, if no fuch preceding meeting (hall
have been held ; and the faid truftees, when met, in purfuance
of fuch notice, fliall and may, and they are hereby required, to
proceed and carry fuch ad or ads into execution, in the fame
and as ample, and full a manner, to all intents and purpofes, as
they might or could have done if no fuch negled had happened.

L. Provided ncverthelefs, and be it further enaded, That no Nomeetingr

meeting of fuch truftees fliall at any time be adjourned for any tobeadjoum-

longer time than three calendar months from the day on which fu^ t)^°"*^

fuch adjournment fliall be made; and that no bufmefs fliall be months.

done or proceeded upon by the trull:ees, at any meeting to be

held under this or any ad or ads of parliament made for re- k?j^" 1"k^?.^^
.,-',,- . \ - • 1 r be done before

pau'mg any turnpike roads, before the hour or ten m the tore- ten, nor any

noon, and that no adjournment fliall be made to any hour later adjonmmenc
than two in the afternoon of the day on which fuch meeting made to an
fliall be appointed to be held; and that every ad agreed upon tbTn tw^^i
at any meeting fhall be figned at the faid meeting by a competent the afternoon.
number of truftees, or otherwife every fuch meeting, adjourn-
ment, and ad refpedively, fhall be void and of none efFed.

LI. And be it enaded. That if the truftees appointed, or to If truftees
be appointed, to put any ad of parliament made for the repair of caufe gares to

any turnpike road into execution, (hall abufe or exceed their ^^^ ertdcd

u o- r 1 rx J • • contrary to

power, by eredmg, or caufuig to be ereded, or contmumg, or ^j^^-^j. power.

caufmg to be continued, any gate or gates, turnpike or turn- the ju(tices at

pikes, where they have not any power by virtue of any ad of fl^e^^ quaner

parliament to ered fuch a gate or gates, turnpike or turnpikes, f^^i'^^y^^^^

it fliall and may be lawful to and for the juftices of the peace of ^^^ removed.

the limit where any fuch gate or gates, turnpike or turnpikes, is

or fliall be ereded, or continued, in their general quarter feffions

Vol, XXX. U affem-

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290 Anno decimo tertio Georgii III. c. 84. [lyy^i

DiTembled upon complaint of fucli abufe or excefs of power in
fuch truftees, in a fummary way to hear and detevmine the fame,
and thereupon to order the flierifFof the county,- who is hereby
authorifed and required to execute fuch order, to remove any '
fuch gate or gates, turnpike or turnpikes.

Mortgagees, nj^ j^^^ ]^q [^ enaded. That all and every mortgagee and

fhe^ollslre "^^^'§^S^^^' ^^^^ ^^^^^^ ^^ ^^^^ taken, or been in poflefiion, or
to account ^^^^^ hereafter take, or be in pofTetHon of, any toll gate or bar,
uport oath fet up or eredled on any turnpike road, or of any lands or tene-
woenreqaired |Yj2^-jj5^ the rents and profits whereof are appropriated to the
ilees V^fo-- ^^P^*^^^ ^^ any. part of any turnpike road, (hall, within fourteen
fcit 10 1. ' ^^ys after he, (he, or they, fhall have received notice, in writing,
frcrn the trullees of fuch turnpike roads, or any five of them,
render upon oath, to be adminiftered and taken by and before
one jufiice of the peace, or any one truftee of fuch turnpike road,
an exa6l account, in writing, to fuch truftees, or to any perfon
appointed by them, or any five of them, to be named in fuch
notice, of all monies received by fuch mortgagee or mortgagees,
or by any other perfon or perfons, for his, her, or their ufe and
benefit, or by his, her, or their authority, at fuch toll gate or
bar, or otherwife, and of what he, (he, or they, have expended
^ in keeping or repairing the fame: and in cafe, he, (lie, or they,
fhall negle(5l to render fuch account when required, in the man-
ner herein direcled, he, fhe, or they, fhall feverally forfeit and
pay to the faid truftees, for every refufal, negle6t, or omiffion, to
render fuch account, the fum of ten pounds ; to be recovered
by the faid truftees, or any five or more of them, or by the trea-
• furer or clerk to the faid truftees, in a fummary manner, before

one juftice of the peace, which, when recovered, fhall be applied
to the ufe of the refpedtive road or roads whereon fuch toll gate
or bar (hall be placed.'
ff j-f^orf-crap-ee Llli. And be it further enacled. That if any fuch mortgagee
keepspoireC- or mortgagees (hall keep poffelTion of any toll gate or bar, by
iiof) after he him, her, or themfelves, or by any other perfon or perfons, on
b-s received j^-g j^^j, ^^ ^^^jj. |3ej^alf, and receive the tolls or duties thereat,
clue ' he Wail ^^ ^^ ^'^y ^^^'^^ rents or profits, as aforefaid, atter fuch mortgagee
forfeit double or mortgagees (l^all have received the full fum orfums of money
thr: ium arid due on their refpediive mortgage or mortgages, and the intereft
treble cofts. thereof, with cofts, fuch mortgagee or mortgagees fhall forfeit
and pay, as a penalty to the faid truftees, double the fum or
fums of money, he, fhe, or they, fliall have received over and
above the fum or fums of m.oney due, as aforefaid, with treble
cofts of fuir; to be recovered by the faid truftees, or by the
trca furer or clerk to fuch truftees, by aition of debt, bill, plaint, or
information, in any of his Mnjefty's courts of record; which when
recovered, (bail beapplied to the ufe of the refpedive road or roads.
on which fuch toll gate or bar (hall be placed, or fuch rents
appropriai'crd.
On the death LIV. Provided always, and be it further enaded. That it
of? gate- {[y^ii 3nd may be lawful for any two or more truftees of any

tn'^-^[^ ru-^^Y ^^^^^"'P^^^ ^'^^^5 ''■^P^^'^ ^^'^^ ^^^^^^ ^f ^^y toil-gatherer, or gate-
^"'^^^ '^^^^ keeper,

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1 7 73-1 Anno decimo tertio Gkorgji HI. c. 84: ^91

keeper, appointed, or to be appointed, to colled: the tolls upon nominate an-
fuch turnpike road, to nominate and appoint fome other Ht ^^^^/^eeting^
perfon in his place until the next meeting of the trudees of Tuch of the truitees.
road, which perfon, fo to be nominated and appointed, Ihall
have the like power and authority, and be accountable in the
fame manner, in all refpeds, as the perfon fo dying had, or
would have been, iflivirig: and that if any toll-gatherer or
gate-keeper, who fliall be difcharged from his office by the if the gate-
truftees authorifed for that purpofe, (hall refufe to deliver up keeper, who is
the poflefTion of the houfe, buildings, and appurtenances, which ^^^[j;!^^^^^^^^
he enjoyed in right of his appointment to that office, within two jj^ve^uVpof-"
days after notice of his difcharge (hall be given to him, or left feffionofthe
at his houfe 3 or if the wife or family of any fuch toll-gatherer houfe, &c.
or gate-keeper, who fliall die, as aforefaid, Ihall refufe to deli- the jultices
ver up the pofieiTion of fuch houfe, biiildings, and appurtenan- |^f^t* order^^*
ces within four days after fuch new appointment lliall be made, hijn'to be re-,
as aforefaid ; then, and in either of the faid cafes, it (hall and moved, with
may be lawful for any juftice of the peace for the limit where his goods.
fuch turnpike-houfe (hall be, by warrant under his hand and
feal, to order the conftable, or other peace officer, with fuch
affiftance as (hall be neceffary, to enter fuch houfe and premifes
in the day-time, and to remove the perfons who (hall be found
therein, together with their goods, out of fuch houfe^ and to
put the new-appointed officer into the pofleffion thereof. ,

LV. And be it further eaaded. That the gate-keeper or toll- Gate-keepers
gatherer of every fuch toll-gate or bar, and every furveyor of and Turveyora
any turnpike road, diall, when required, by notice, in v/riting, to accoimt
from the faid truftee^ or any five or more of them, render up- Xen Required
on oath, to be adininifiered by and taken before any one juftice bythetru-
of the peace, or truftee of fuch turnpike road, a true and exa6l flees, or for-
. account, in writing, to the faid truftees, or to any perfon to be ^eit 5^«
named in fuch notice appointed by them, or any five or more of
them, of all monies received by him, her, or them, at fuch
toll-gate or bar, or otherwife, on account of fuch turnpike road,
not before accounted f"or, under the penalty of five pounds for
every fuch offence or negled ; to be recovered in a fummary
manner before any one juftice of the peace, and applied to tha
ufe of the refpective road on which fuch toll-gate (hall be
placed.

LVI. And be it further ena6led. That no gate-keeper of any No gate-keep-
turnpike road, or perfon renting the tolls thereof, and refiding er to be re-
in any toll-houfe belonging to the faid trutl:, (hall be remove- moved as a
able from fuch toll-houfe by the order ^of any juftices of the fefs^a^uahy
peace, in purfuance of any laws now in being for the relief or chargeable to
regulation of the poor, unlefs he (hall become actually charge- theparifh,&c.
able to the parilh or place in which fuch toll-houfe is fituate;
and that no fuch gate-keeper, or perfon renting fuch tolls, and norfliallgau^
refiding in fuch tojl- houfe, as aforefaid, (liall thereby gain a L^rem?ng*the
fetilemenl In any parilh or place whatfoever; and, that no tolls tolls, nor be
to_be taken at any gate erected, or to be ere«5led, by the truftees alTelTed for the
©f any turnpike road, nor any toll-houfe ereded, or to be ere^St- toiuhoule or

IJ 2 ^d,^"^ ^'

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292 Anno decimo tertio Georgii JII. c.84» [1773."

cd, for the purpofe of colleding the Tame, nor any perfon, in
refpea of fuch tolls or toll-hdufe, (hall be rated or afleffed to-
vvards the payment of any poors rate, or any other pubhck or
parochial levy whatfoever.
Gat€-keepers LVII. And be it further enaded, That if any toll-gatherer or
permitting a gate-keeper fhall permit or fuifer any waggon, wain, cart, or
berof horfes^ ^^^^f ^^^"^g^^ to be drawn or pafs upon any turnpike road
or carriages'* within the view, or with the knowledge, of fuch gate-keeper or
conftruaed toll-gatherer, or to pafs through any toll-gate or bar with any
otherwife than greater number of horfes, or beafts of draught, or with any c^t-
aa Tr wuh!^^ ^i^S^ conftruded or drawn in any other manner than is before
out'proper in- diredled, or without fuch names and defcriptions painted there-
fcriptions on as are hereby diredled, and fhall not within the fpace of one
palmed there- week proceed for the recovery of the forfeiture or penalty here-
on, and not- by inflided for every fuch offence, in the manner direded or
?or tTe^fame, ^"^horifed by this a6l, he (hall forfeit and pay, for every fuch
forfeit 40 s/ negled, the fum of forty fhillings.

Tuftices at f e- LVIII. y^^id whereas there are or may he turnpike roads in fuch
cial feffions ^ ~ft^^^ ^^^ condition ivith regard to their repairs^ and the revenues
may transfer arijing upon them^ that the ft at ute- duty required to he performed upon
part of the the fame ^ or fome part thereof may be difpenfed with^ and employed
"^^^"i^^'bl^T* ^^^^^ convenienily for the benefit of the other puhlick highways within
turnpike f'^^ P^^ijh^ townfljip^ or place ^ in which fuch turnpike road lies ; be

roads, to the ^t therefore enacfied, That it (hall and may be lawful for the ju-
parilh roads, ftices of the peace, at any fpecial fe(rions, upon application to
^^^^ ^^^^^"^"ihem made by the furveyor of any parifh, townfliip, or place,
feveral roads ^^ ^^^ fituatfon herein-before defcribed, to fummon the clerk
o-equire and ^"d furveyor of fuch turnpike road to appear before them, at
admit of it, fome other fpecial feflions, and then and there to produce be-
fore t!)em a (late of the revenues and debts belonging to fuch
turnpike road, and for fuch juftices then and there to enquire
into the ftate and condition of the repairs thereoi", and alfo of
fuch other highways; and if it fhall appear to them, upon full
and clear evidence, that the whole, or any part of fuch (latute-
duty, may be conveniently difpenfcd with from fuch turnpike
road, without endangering the fecurities for the money advanc-
ed upon the credit of the tolls thereof, and that fuch (latute-du-
ty is wanted for the repairs of the other highways within fuch
pari(h, townfliip, or place; then, and in that cafe, it fhall and
may be lawful for the faid juftices to order the whole, or part,
of fuch (latute-duty to be performed upon the highways, not
being turnpike, within fuch parifh, town(hip, or place, under
the diredion of the furveyor thereof, during fuch time as to
them (liall feem juft and reafonable, and the fame (hall be per-
formed accordingly ; any thing in this or any other adl of par-
liament contained to the contrary thereof in any-wife notwith-
fl an ding.
Juftices in LIX. Provided always, and be it further enaaed, That it

Wales,attheir (hall and may be lawful for the juftices of the peace, within the
Michaelmas principality of Wales^ at their refpedive general quarter feirion.s

quarter {^- £ ^| peace, to be held in -the woek after Michaelmas, to licenf©
lions, may al- *^ ^

an

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1773*] Anno declmo tertio GeoRGII Uh c 84. 293

an increafe of the number of horfes to be employed in drawing low an addi-

carriages on any turnpike road within their refpedive jurifdic- ^'?"^^ j"""^,^^^

11 1 i_ I ' ^ c ^' '^ J 'c of horfes when

tions, over and above the number herein-berore limited, it up- ^^^^ ^^^^^^ ^^^

on enquiry into the ftate and condition of fuch roads they ihzll
find any additional number of horfes neceflary, and, from time
to time, at any Michaelmas quarter fefTions, to revoke, alter, or
vary the fame, as they (hall think fit ; and that neither the
owner or driver of the horfes fo licenfed fliall incur any forfei-
ture for ufmg fuch increafed number of horfes.

LX. And be it further enaded. That no toll (hall be collet- ^^-^f ^^ ^^.
- . - ,, / . r n £• • paid tor carri^

ed or received at any toll-gate, tor or in relpect or carnages agesemploycd
folely employed in carrying materials for the repair of any in carrying
turnpike road or publick highway, or for going to fuch employ- materials tor
ment, or returning after having been fo employed. turnpike roads

LXL Jnd whereas it has been found by experience^ that f mall Jl ones ^ ^ ^^^
being permitted to lie upon the land are a benefit thereto^ be it there- to\a^ber^°^
fore ena61ed,That no furveyor (hall gather, or caufe to be gathered, ftones frojn
any (loaes for the ufe of the highways, upon or from the com- the commoa
mon fields or inclofed lands or grounds of any perfon or per- fields or in-
fons whomfoever, without the confent of the occupier of fuch of'a^jf , /
lands or grounds, or a licence from a juftice of peace of the li- without his
mit where fuch lands or grounds lie for that purpofe, after hav- confent, or a
ing fummoned fuch occupier to come before him, and heard I^^^P^^ f*'Of» *
his reafons, if he (hall appear and give any, for refufing l^is^^ J^^^^^
confent ; any thing contained in this a6t, or in any adl of parli- ^
ament, for making and repairing turnpike roads, to the con-
trary thereof in any-wife notwithftanding,

LXII. And luhereas many per fons are liable by tenure^ mclofure^ Power for
or oiherwifey to the repair of certain highways ^ which having become ^""^"^fsot
turnpike roads ^ are more ufed^ and occafton an increafe of the expence ^Q2ids to a^ree
in repairing and maintaining thereof^ tvhich ought in fome degree r<? with perfon s
be laid upon fuch turnpike road : for remedy whereof, be it further hable by te-
enaaed. That it (hall and may be lawful for the truftees of fuch " JJ""^ ^'^.^^'X'^
turnpike road to agree with the perfon or perfons liable to repair fuch^ro^ad^
fuch highway, for the repair thereof, in fuch manner as they (liall concerning
think fit, and to contribute fo much to the repair thereof, out ^^^^ future re-
ef the tolls arifmg upon fuch turnpike road, or out of the fta- P^^^ ^^ ^^*
tute-duty belonging to the fame, as they (hall think jiift and
reafonable.

LXIIL, Jnd whereas parts of highivays or turnpike roads^ have^ev^om liable
been^ or may be^ diverted and turned by legal authority^ to make the to repair old
fame nearer or more commodious to the publick ; and doubts have arifen^ highways
and may arife^ whether the inhabitants of any parifi^ toivnjlnp^ or"^^"^ f^"^
place y or a?iy particular perfon or perfons ^ liable to repair the old high- iha^f^be Hable
tvayor roadfo deviated from byflatute-duty^ teiture^or otherwife^ ought to repair a
to repair y or contribute to the repair of the whole^ or fome^ and V^^^ of the
iv-mt part or proportion of fuch new highway or road: for obviating "^^^ highway
which doubts^ and preventing difputes about the fame ^ be it ena6led, burdien^of^
That the inhabitants of every fuch parifli, townfhip, or place, the old ones
and perfon or perfons, who was, were, or (liall be, liable as a-
forefaid, to the repair of any fuch old high\\'ay or road, which

u 3 hath

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29+ Anno deGimo terdo Georgii lii'. c. 84. ^ [^^773.

hath been, or (hall be, fo diverted and turned,, (hall refpeclive-
ly be and continue in the fame manner liable to the repair of
fuch new highway or read, or !b much thereof as fliall be equal
to the burthen and expence of repairing fuch old highway or
road from which he, Ihe, or they, (hall be exonerated, by turn-
ing the fame, as aforefaid ; and that if the feveral parties inte-
and if the reifed cannot agree therein, the fame (hall be viewed by two
^^^e^H^Ul^ juftices of the peace of the limit where fuch road fliall be, and
be-Vieuved and ^c^^^^^^^ adjufted, and determined by them in fuch manner as
fettled by two they lb all ihink juft and reafonable ; and from and after fuch
Juilicesof the determination of the juftices^ the inhabitants of the faid pariih,
peace. town (hip, or place, or the perfon or perfons liable to repair fuch

new highway or road, as aforefaid, ihall bear all charges and
A f^rofs or cxpences of indiclments and profecutions for not repairing the
annual fum fame: and if it (hall be found more convenient to fix a grofs
iTiriy be paid, i\ni-]^ or an annual fum, to be paid by any fuch inhabitants.
It the parties ^^ perfon or perfons, towards the repair of fuch new hia-hwav
^?ree- thereto, i • n i r ^ • ,t , • r r ,^ ^

^ or road, miiead or tixing tne part or proportion of fuch new

highway or road, to be repaired by him, her, or them, the faid
jullices may, with the confent of fuch perfon or perfons, and
alfo of the inhabitants interefted therein, obtained at a veftry or
publick meeting held for that purpofe, and alfo of the truftees
at a pubhclv m.eeting, if it be turnpike road', order and diredl
the fan']e accordingly ; which order ihall be, and for ever after
continue, binding to all perfons v/homfoever.
^. LXIV. And be it further enacted, That in all cafes where

1 .?'k!-\ ^ any action fliall be brought by or ao-ainil: any truftee or truftees
ganilc a trii- Of any turnpike road, eviuence or luch truliee or truuees havmg
Ittf, evidence a61'ed as fuch, together with the a6f of parhament by which he
or his being q^. fj^^y ^^^^g ^^ \'^z\q appointed, or the order, or a copy of the
mf(?ee''^'^nd ^^der, for Ins or their appointment or ekcfcion, in cafe he or
actin':- as fuch they was or were appointed or ele61ed by the truftees, (hall be
iuilicii^iu-. fufficient proof. of his or their being a truftee or truftees.
Treasurers -LXV. And be it further enabled, That every treafurer and

and furveyors furveyor of any turnpike road, who hath not aheady given pro-
waio have not per fecurity to the truftees of fuch turnpike road, duly to pay
aheadygren ^nd account, for the nioney which hath come, or fhall com.e to
^Tvebclu/^l^ ^^'^ hands, as treafurer or furveyor, {"adW^ on or before the
luretv'tothe twenty- fifth day of DcYd'/'/^^Vr next, and every fucceeding trea-
truib'es for furer and furveyor (hall, v^ithin one month after his appointment,
theduiiypay- ^^^,q ^ bond *to i\vi faid truftees, with a fufticient furety, in
'''5.^.?*"!-^^^" fuch penalty as the faid truftees, at any pubhck meeting, Ihall
inoiieVin direct, conditioned for the duly paying and accounting for all
thtir ijaads. fuch money wliich ftiall be then in his hands, or which he ftiall ^
afterv^ards receive, as treafurer or furveyor, according to the
direclions of the feveral acts of parliament refpecting fuch turn-
pike road ; winch bond Ihall be Vv^rote upon paper without any
liarnp thereupon.

rr^ „ LXVI. And be it further enacled. That upon the thirtieth

T uftees on , , _ , , r ^ r > i i j r .1

the -orn bept, day ot September^ one thouland leven hundred and leventy-three^

r.rxt^, toput the truftees of eveiy turnpike road within that part of Great

en e ^ery coll- Britain

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I773-] A"^o decimo tertio GeoRGII III. C 84. 295

Britain called England, mall, and are hereby required to put ^? f}%l '^^^f
orcaufeto be put up, and afterwards to be contmued i^^pon ^^^ ^j^^^'^Jj^^
every toll-o-ate within their refioeclive diftn^s, a table ot all the weights ai-
toll/payable at every fuch gate, dillinguifning each toll, and lowed to each
the different forts of carriages for which they are to be paid carnage,
where there fiiall be any variation therein; and alio a table oi^^^^^^^^^
the weio;hts allowed for each carriage, with the loading thereof fteesto'exa-
in fummer and winter : and that the faid truftees (hall, and are mme, or caufe
hereby required, from time to time, to examine and infpea,_or ^^7^;^^^;;»j;;:
caufe to be examined and infpeaed, every weighmg engine ^^^.^ ^^^^,-^^-
which fnall be ere<?ied upon their relpective turnpike roads, m ^^ fee thty are
order to fee that the fame, with the weights belonging thereto, kept in good
are kepi in good condition to weigh the carriages and leading order.

with accuracy. _, . ,, .

LXVII And be it further enaded, That m 2^\i carriages. Two oxen to
wherein oxen or neat cattle ihallbeufed, two oxtn or neat cattle be confidered
niali be confidered as one horle, for all the purpoles m^ention- ^^ one horie,
eel in this ac% or any particular turnpike ac% with reipect to

tolls or other things. r n- ■, • /, 7 • ^u u -/i-

LXVIIL Jnd, for the better difcovery of offenders againji this The chnftjan
oa, be it enaded, That the owner of every waggon, wain, or ^^^j^^^;^^^^^^^^^
cart, and alfo of every coach, poft-chaife, or other carriage,Jet of every w.ig.
to hire, fiiall paint, or caufe to be painted, upon fome conlpi- gon, &c. and
cuous part of his waggon, wain, or cart, and upon the pantiels alio of every
of the doors of all fuch coaches, poPc-chaifes, or otner carnag^es, "^^^"v^^
before the fame (hail be ufed upon any turnpike roao, his or her ^.^ ^^^ paimed
chriflian and furname, and the place of h s or her abode, m upon it,
large legible letters, and continue the fame thereupon, io Jong ^„^^^^,^^^
as fuch wacrgon, cart, coach, poft-chaife, -or ot.ier carnage,^ ^^^ waggon,
ihall be ufed^upon anv fuch turnpike road ; and the owner ol: or cart, vvhere
every common ftage waggon or cart, employed in travelling u^ travel
flakes fro,m town to town, (hall, over and above his or her ^^^^^^^
chnfdan and furname, paint, or caufe to be pamtea, on the
part, and in th.e manner aforefaid, the following words, COivi- Perfonsufing
MON STAGE WAGGON, (or CART, as the ^ f^ "^^^^^
be) ; and every perfon uling any fuch carriage, as arorefaid, ^^^^^^^^ ^^^^^
upon any turnpike road, without the names and delcnptions defcriptions,
painted thereon refpeclively, as aforefaid, or who ihall pamt, or or with falfe
caufe to be painted, any falfe or fiditious name, or place ot a- "^^^J^^
bode, on fuch waagon, wain, cart, coach, pofc-chaile, or other "^t ^^^-^^^^^.^
carriage, ihall forfeit, for every fuch offence, a fuiii not exceed- ^^^^ ^^^^^
ing five pounds, nor lefs than twenty ihillings.

LXIX. And be it further enaded. That from ana after the After Midia-

twenty-ninth day of September, one thoufand feven hundred and elmasi776, ,

• feventy-fix, the tire of the weeds of all waggons wains, carts, "^^^ ^

and carriages, to be ufed upon any turnpike road, (hall ^^^^^oun." \^£v,^ ^,,.^

< not

lings r^nd every drTver not being the owner^ the fum ot twea
ty aViUings, for every oftence,

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29^ Annodecimotertio Georgii III. C.84. [1773.

^wer/ f^^ • yi^'; "^J"^ ^^^^^^^ ^^^ powevs given by fever al turnpike a5is are
providing ma- ''''fff''^} for ihepurpofes of digging, providing, and carrying ma^
terials,enlarg-^^^^^^^5 J or the uje of the turnpike roads therein defcribed, and alfo
ingand ixyrnjor the purpofes of enlarging, diverting^ and turning fuch turnpike
ingturnp±e roads, and popping up, felling, and difpofing of the old roads fo to be
drarn^rprun " rr^'^ ^nd turned ', and alfo for the making, opening, and cleanfmg
ing hedges oj djtcnes and drauis, and the cutting and pruning of hedges and trees ; '
and trees, and^'^^ afo for the calling forth and compelling the 'performance of the
calling torth fxatute-duty which foall belong to fuch turnpike roads : andivhereas more
duty -^fe^" ^^^^^^'' P''^^'^^ ^^''^^^ P'^'^P^r guards and reftriSfions, have been given,
ineffcdual, '' '"^^y ^' g^'^^^Jor the fever al purpofes aforefaid, by certain claufes,
and where P^'^'^^P^^^j ^^^ regulations, contained, or to be contained, in the aSf '
more ample ^r a^s of parliament made, or to be made, for the amendment and
powers for prefervation of the htghivays in general, (which highivays comprehend
tbcfe purpofes and include turnpike roads) ; and it may be more beneficial to the turn^

the \ZZll ^'^'; '^'^Z'' ^''^ ? ^^' P''^^''^^ if the furveyors of turnpike roads were
aft, "" autborijed, within their refpeBive limits, to apply part of the tolls

and Jlatute'duty in carrying the [aid powers into execution, for the ufe
the furveyor (^^d improvement of fuch turnpike roads \ be it therefore enaded,
of turnpike Thst the furveyors of every turnpike road, within that part of
the a^p'oba ^'''''^ P'^'^^'^' ^^^^^^ England, (hzW and may, with the approba-
tion of the ^^^" ^^ ^^^ truftees of every fuch turnpike road, apply any part
tnillees, may ^^ the^toUs and ftatute-duty arifing to, from, or in refped of
execute and every fuch turnpike road, in the execution of all and every the
^o^^e^'s^^^^^^ faid powers, clauics, prpvifions, and regulations, which are, or
Lid for the ^^^^^ ^^ contained in th^ faid ad or ads of parliament, for the
benefit of the amendment and prefervation of the highways, and fliaJl and may
turnpike execute and enforce the fame upon and to the benefit and im-

Toads, provement of fuch turnpike roads refpediveJy, for the feveral

upon the purpoles aforefaid, as fully and amply, but upon fuch terms,
rnuTer the re- "^"^^^ ^"^^ rearicStions, and in fuch manner and form, to all in-
ltr!aions,'in ^^^^^ ^"^ purpofes, as the furveyor of any parifii, townfhip, or
the highway place, can or may do, or apply the fame, by virtue of, or un-
a<^= der fuch a6l or a6ls of parliament.

But fatisfac- LXXI. Provided neverthelefs, and be it further enadled,
tion Aiall be' '^^^^^ ^'*^^.^ ^^^Y ^laterials (hall be dug or got by the furveyor of
made by the any turnpike road, in the feveral or inclofed lands or grounds
trulieesof the of any perfon or perfons, for the ufe of any turnpike road, by
rol'is fo^- all °^ ""'^^'' ^^^ authority of this ac% or of the faid ad or ads, for
fuch materials ^^^^ amendment and prefervation of the highways, fatisfadion
as are gat in ^'^aH be made by the truftees of fuch turnpike road to the owner
^''}7A'r'A' ^^ o^^cupier of fuch lands or grounds, for the materials fo to be
or gioundf '^""^ ^^' ^""^^ ^^'"^ ^^^^ ^^^ ^^^ d^amages in carrying away the fame,
^ • m luch manner as fatisfaclion is or {hall be required to be made

for the damages occafioned by the digging, getting, and carry-
ing away the materials in feveral or inclofed lands or grounds,
by virtue of the faid act or acts for the amendment and preferva-
tion of the highways.
Th- forms of LXXIL And be it further enaded, That the forms of pro-
proc^edi^38 ceedmgs relative to the feveral matters contained in this a61:,
convAmtdm which are fet forth and expreffed in the fchedule hereunto an-
nexed.

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1773-] Anno decimo tertio Georgii III. c* 84* 297

nexed, (hall be ufed upon all occafions, with fuch additions ortbe fchedule
variations only as may be neceflary to adapt them to the parti- tobeufed,and
cular exigences of the cafe ; and that no objection (hall be made, or advantage
or advantage taken, for want of form in any fuch proceedings, fhall be taken
by any perfon or perfons whomfoever. for want of

LXXIII. And^ to enforce further a due ohfervance of this a5ly be ^°'''"*
it enaded, That every conftable, headborough, or tithingman, ^^^^^bles,
refufing or negleding to put this a6t into execution, or to ac- all perfons
count for and deliver any forfeiture or penalty, according to the employed with
diredtions of this a6l, and every furveyor of any turnpike road, falaries, re-
and every toll gatherer, and all other perfons employed, or to be cite V^ ^^'
employed, by truftees appointed, or to be appointed, for the re- ^nd wilfully
pairing roads, as do or fhall receive falaries or rewards, v^^ho fhall negleaing to
wilfully negle6l, for the fpace of one week after the offence com- profecute of-
mitted, to lay fuch information upon oath before one or more ^^"ders for
of his Majefty's juftices of the peace for the limit wherein fuch tl?e offencV^^
offence was committed, as by this acl is diredled, fhall, upon committed,
due information made upon oath before one of his Majefty's forfeit lol.
juftices of the peace for the faid limit, forfeit, for every fuch
negledl, the fum of ten pounds.

LXXIV. Provided always, and be it further enaded. That Convidion
no convidion (liall be had or made by virtue of this a6f, unlefs upon what
upon confefTion of the party accufed, or upon the oath of one fjidenee to
or more credible witnefs or witnefles \ and that any inhabitant ^""^y^-
of any paridi, townfhip, or place, in which any offence fhall be ^"*^^^^f.^"^^^
committed contrary to this acl, fhall be deemed a competent fo°witMand^-*
witnefs, notvs/ithftanding his or her being an inhabitant of fuch ing they live
parifti, townfliip, or' place; and that any juftice of the peace ^^ the place
may a6t in the execution of this ad, notwithftanding he may ^^^^"^^ ^^^ ®^*
be a creditor, or a truftee for repairing and amending the roads committed,
on which any offence contrary to this adl fhall be committed, Juftices may

LXXV. And be it further enadled. That in cafe any perfon ^^ although^
or perfons fhall relifl, or make forcible oppofition againfl any ^*^^^ ^""^ ^J.^^^*
perfon or perfons employed in the due execution of this a6l, or J^*^^^^*^^" ^^^*
any particular ad made for amending any particular highway; jn^Jthe^execuI
or (hall affault any colledor or colledors of the tolls in the ex- tion of theafv'
ecution of his or their office or ofSces ; or fhall pafs through or affaulting
any turnpike gate or gates, rail or rails, chain or chains, or colledtorv
other fence or fences, fet up, or to be fet up, by authority of
parliament, without paying the toll appointed to be paid at fuch
gate or other fence; or fhall hinder, or attempt to prevent or
obftrud any fuch perfon or perfons in the meafuring or gauging
the wheels of any carriage, or make any refcue of cattle or other
goods, diftrained by virtue of this ad ; or if any conftable,
headborough, or tithingman, fhall refufe or negled to execute and confla.
any warrant granted by any juftice or juftices of the peace, pur- bles difobey-
fuant to the dircdions of this ad ; every fuch perfon offending ^"S vvarrants
therein, and being convided thereof, in manner aforefaid, fhall, peice^forfdt
for every fuch offence, forfeit any fum not exceeding ten pounds, not exceeding
nor lefs than forty fhillings, at the difcretion of the juftice or 10 1. nor lefs
juftices of the peace before whom he or flie fhall be fo convid- ^'^^" 40 s.

6 cd;

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2gS Anno decimo tertio Georgii III. c. 84. [^773.

ed ; to be paid to the furveyor of the turnpike roads where the
offence was committed, and laid out in the repairs thereof: and
in cafe he or Ihe do not forthvv^ith pay, or fecure to be paid, the
faid forfeiture, after fuch convi6lion, then it Ihall and may be
lawful for fuch jufcice or juftices of the peace to commit fuch
perfon or perfons to the common gaol, or houfe of corredion^
of the county, divifion, or place, where fuch offence fhall be
committed, there to remain for any time not exceeding three
months, unlefs the faid forfeiture fiiall be fooner paid.
Penalties and LXXVI. And be it further enacted, That all penalties and
"forreitures to forfeitures by this 2l6\ impofed, for any offence againft the
re^coTered^bv ^^^^^ ^^^^ ^^^ ^^^^ ^^^ charges to be allowed and ordered by
diltrefs and ^he authority of this acl, (the manner of levying and recovering
fale: of which is not hereby otherwife particularly direded), fliall be

levied by diffrefs and fale of the goods and chattels of the offen-
der, or perfon liable or ordered to pay the fame refpecli^/ely, by
warrant under the hand and feal of fome juftice of the peace for
the limit where fuch offence, negled, or default, ffiail happen,
and fuch order for payment of fuch coFcs or charges Hiall be
made, rendering the overplus of fuch difirefs and fale, if
any, to the party or parties, after deducing the charges of
making the fame; which v/arrants fuch juftice is hereby im-
powered and required to grant, upon convidion of the offender,
by confeffion, or upon the oath of one or more credible witnefs
or witneffes, or upon order made, as aforefaid ; and the penal-
How to be ^^^s and forfeitures, coffs and charges, when fo levied, Ihall be
applied. paid, the one half to the informer, and the other half to the

furveyor of the turnpike road where fuch offence, negledl, or
default, fiiall happen, to be employed towards the repair there-
of, unlefs otherv^^ife directed by this a6f : and in cafe fuch di-
If DO diftref?, lirefs cannot be found, and fuch penalties and forfeitures, or
theoifendertOfl^g faid cofts or charges, fliall not be forthwith paid, it fliall
becommittea. ^^^^ ^^^^ ^^ \z^NM for fuch juffice, and he is hereby authorifed
and required, by warrant under his hand and feal, to commit
fuch oiiender or offenders, or perfon or perfons, liable to pay
the fame refpedively, to the common gaol, or houfe of correc-
tion, of the limit where the offence (hall be committed, or fuch
order, as aforefaid, (hall be made, for any time, not exceeding
three months, unlefs the faid penalty, forfeiture, cofts, or
charges, (ball refpedively be fooner paid : and if fuch offender
^^.p U^v^c out Oi* offenders, or perfon or perfons, liable, or ordered to pay the
of'junTdia.on the fame refpedively, (hall live out of the jurifdidion of the
oUheiniiice, juftice or juftices, hereby authorifed to grant fuch warrant, it
the jiiaices ^^n ^^^ ^^^y ^g ]awful for any juftice of the peace of the limit
"^a^'^^oceeT' wherein fuch perfon (hail inhabit, and every fuch juftice is
hr\nifgTcopy hereby required, upon requeft to him for that purpofe made,
of the convic- and upon a true copy of the convidion whereby fuch forfeiture
tion duly ^^ penalty was incurred, or of the order for the payment of fuch
•proved. ^^^^ ^^ charges, produced and proved by a credible witnefs up->

on oath, by warrant, under his hand and feal, to caufe the pe-
nalty or forfeiture mentioned in fuch convidion, or the cofts or
... charges

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1773-1 Anno decimo tertio GeoRGII III. C.84- 299

char2;es mentioned in fuch order, to be levied by diftrefs and
fale of the goods and chattels of fuch offender or offenders, or
perfon or perfons, liable, or ordered to pay the fame refpedive-
Iv, as aforefaid ; and if no fufficient diftrefs can be had, to com-
mit fuch offender or offenders, or perfon or perfons, liable as
aforefaid, to the common gaol, or houfe of corredion, of fuch
limit, for the time, and in manner aforefaid. ^^ warrant

LXXVIL Provided neverthelefs, That no warrant of diftrefs, of diihefs to
unlefs otherwife direded by this a<fl:, (hall be iflued for levying be ilFued till
any penalty or forfeiture, cofts or charges, until fix days after fi>^^days after
the offender fhall have been convided, and an order made and [l^^j^^^'^^^^"
ferved upon him or her for payment thereof. Forfeitures

LXXVIII. Provided alfo, and be it enacfied. That whatever recovered, om
penalty or forfeiture Ihall be levied or recovered on the informa- the evidence
tion of the furveyor of any turnpike road, or of any toll-gather- of the fur-
er, or other perfon emplo'yed by the truftees appointed for re- ofl^ce^p^^J'm-^^^^
pairing the roads, and receiving falaries or rewards for their pioyed by the
fervices, and, not otherwife diredted by this a61:, fl^iall go and be truiiees with
applied to the amending of the faid turnpike roads refpe6lively, falaries (hall
and to no other ufe or purpofe whatever ; any thing in this or ^^e^^fj ^^ ^^v^^
any other a6l to the contrary notwithftanding. roads,

LXXIX. And be it enacled, That every profecutor or in- p^ofecutors
former may, at his election, fue for, and recover any forfeiture may recover
or penalty impofed by this or any other a6l or ads of parlia- forfeitures
ment made for eredling turnpikes or for repairing and amending belovv 403.011-
turnpike roads, in the manner hereafter mentioned ; that is to t^o/befcreT'
fay ; if the fame ihall not amount to the fum of forty fhillings, juitice, but
it Ihall be recoverable only by information before a juftice of above 40s. by
the peace; and if the fame (hall amount to forty fhillings, or iiifof:'^'ation,
upwards, it ihall and may be recovered either by information, orby aaTon,
as aforefaid, or by action of debt, in any of his Majefty's courts ^x,
of record, in which it ihall be iufricient to declare that the de-
fendant is indebted to the plaintiff in the fum of
beins; forfeited by an a6t, paiTed in the thirteenth year of the
reign of his prefent Adajefty, intituled, Jn acl to e^plain^ amende
and reduce into one all of parliament ^ the general lazvs now in beings
for regulating the turnpike roads in that part of Great Britain
called England, and for other purpofes ; and the plaintiff, if he re- ^^^ days
cover in any fuch adion, ihall have full cofcs : provided that ^fJen^ before
there (hall not be more than one recovery for the fame offence ; aition
and that ten days notice in writing be given to the party offend- brought, and
ing previous to the commencement of fuch adlion ; and that ^^ ^'^ ^^^^^:
the fame be brought and commenced within one calendar month l^i^one mTn tl'
after the offence for which fuch a6lion is brought fhail have after oftence
been committed. coramittedo

LXXX. And be it further ena6ied. That where any diffrefs Diftrefs not
ihall be made for any fum or fams of money, to be levied by unlawful, nor

virtue of this a6l, the diftrefs itfeh^ (hall not be deemed unlaw- ^^^ pf^^y
-, , ^ . tiT'j J r mskingr it a

ful, nor the party or parties making the lame be deemed a trel- trefoaller, for
paiTer or trefpaffers, on account of any default or want of form want of form,
in any proceedin2;s relatin^^ thereto 3 nor fliall the party or par- or irregv^lari-
^ ^ ^ "^ ^ -^ ^j^3 ty in the pro-

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300

ceedings ; but
the party ag-
grieved may
recover fatif-
f action for the
ipecial da-
mages.
Plaintiff not
to recover for
any irreguia-
) ity in the
proceedings,
if tender
of amends
be made be-
fore the ac-
tion brought.
Defendant
may pay mo-
ney into
court.

Perfons ag-
grieved may
appeal.

upon giving
fix days no-
tice after the
caiife of com-
plaint (liall
a rife ;

and entering
into recogni-
zance to try
the appea],
and pay the
colls.

Indices, to
whom noiice
of appeal
fliall be given,
are to return
all the pro-
ceedings to
Hie quarter
felTions.
Jultices at
quarter Itf-
fions are to
hear and de-
termine the
complaints,
and award
colls.

No proceed-
ings to be re-
moved by
Certiorari,

Anno d^dmo tertio Georgii IIL C. 84; [177^;

ties dlftraining be deemed a trefpaffer or trefpaflers ab initio^ on
account of any irregularity which (hall be afterwards done by
the party or parties diftraining 5 but th^ perfon or perfons ag-
grieved by fuch irregularity nnay recover full fatisfadtion for the
fpecial damage in an a6tion on the cafe.

LXXXI. Provided always. That no plaintiff or plaintiffs
(hall recover in any adion for any fuch irregularity, trefpafs, or
wrongful proceedings, if tender of fufficient amends (hall be
made by or on the behalf of theparty or parties who (hall hav&
committed, or caufcd to be committed, any fuch irregularity^
or wrongful proceedings, before fuch aaion brought \ and in
cafe no fuch tender fhall have been made, it fhall and may be
lawful for the defendant in any fuch a^iion, by leave of the
court where fuch adlion (hall depend, at any time before iffue
joined, to pay into court fuch fum of money as he or they Ihall
fee fit ; whereupon fuch proceedings, or orders, and judgements,
(hall be had, made, and given, in and by fuch court, as ia
other adions, where the defendant is allowed to pay money into
court.

LXXXII. Provided alfo, and be it further enacfled. That if
any perfon (hall think himfelf or herfelf aggrieved by any thing
done by any juftice or juftices of the peace in purfuance of this
a6l, except under the particular circumftances hereafter men-
tioned, and for which no particular method of rehef hath been
already appointed, fuch perfon may appeal to the juftices of the
peace, at any general quarter feffions of the peace to be held for
the limit wherein the caufe of fuch complaint (hall arife ; fuch
appellant firfl giving, or caufing to be given, to fuch juftice, by
whofe a6l or ads fuch perfon (hall think himfelf or herfelf ag-
grieved, notice in writing of his or her intention to bring fuch
appeal, and of the matter thereof, within fix days after the
caufe of fuch complaint arofe, and within four days after fuch
notice, entering into recognizance before fome juftice of the
peace, with one fufiicient furety, conditioned to try fuch appeal
at, and abide the order of, and pay fuch cofts as fhall be award-
ed by the juftices at fuch quarter feffions ; and each and every
juftice of the peace, having received notice oF fuch appeal, as
aforefaid, (hall return all proceedings whatever had before them
refpedively, touching the matter of fuch appeal, to the faid
juftices at their general quarter feflions aforefaid, on pain of for-
feiting five pounds for every fuch negled ; and the faid juftices,
at fuch fefTion, upon due proof of fuch notice being given as
aforefaid, and of the entering into fuch recognizance, fliall hear,
and finally determine the caufes and matters of fuch appeal in a
fummary way, and award fuch cofts to the parties appealing,
or appealed againft, as they the faid juftices fliall think proper,
to be levied and recovered as herein-before direded ; and the
determination of fuch quarter feflions (hall be final and conclu-
five to all intents and purpofes ; and no proceeding to be
had or taken in purfuance of this a6t (hall be quaflied or vacat-
ed for want of form^ or removed by Certiorari^ or any other

writ

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1/730 Anno decimo tertio Georgii III. c.84; 301

vvrit or procefs whatfoever, into any of his Majefty's courts of
record at Wepnlnjler^ any law or ftatute to the contrary not-
ivithftanding. No appeal to

LXXXIIL Provided, That no fuch appeal fhall be made K"^^^^« ^-
againll any convidion for any penalty or forfeiture incurred by via^on^ un"*
by virtue of this ad, unlefs the perfon convided fhall, at the lefs the party
time of fuch convidion, if he (hall be then prefent, if not, give notice
within fix days after, give, or caufe to be given, notice of his or thereof at
her intention to appeal, and at the fame time enter into recog- conviaion^
nizance, or give fecurity, v^ith fufficient furcties, to pay fuch if prefent/
penalty or forfeiture, in cafe fuch convidion (hall be affirmed if not, with-
upon fuch appeal ; and upon his or her giving fuch fecurity, ^" ^^^ ^^ys
the further proceedings for fuch penalty or forfeiture fhall be ^^^^^^"^ ®"'
fufpended until fuch appeal (liall be heard and determined. cognizance as

LXXXI V. And be it enaded, That where any oath is here- above,
by required and direded to be made or taken, the jufcices of the Juftices and
peace of any limit, or the truftees of any turnpike road, (as the t^-uftees have
cafe may be,) and according to the feveral jurifdidions herein ^^.^-^^ to ad-*
given to them refpedively, as aforefaid, (hall, and they are here- oaths,
by refpedively impowered to adminifter the fame.

LXXXV. And be it further enaded. That if any adion or ^^^^'°JJ^^5
fuit (ball be commenced againft any perfon or perfons, for any for any tWna-
thing done or aded in purfuance of this ad ; then, and in every done under °
fuch cafe, fuch adion or fuit fhall be commenced or profecured ^^^^^ ^^> i^
within three calendar months after the fad committed, and not brought w^ith
afterwards ; and the fame, and every fuch adion or fuit, (l-iall in 3 monThs *
bebrought^in the county where the perfon againft whom fuch after the of-
adion or fuit fliall be commenced doth ordinarily inhabit or ^^P^^ ^'^^^ .
refide, or where the fad was committed, and not el few here ^ [j^^^^^* ^^"^^^^
and the defendant or defendants, in every fuch adion or fuit, wltere^he^
ihall and may plead the general iffue, and give this ad, and defendant
the fpecial matter, in evidence, at any trial to be had there- ^^^^^s, or the
upon, and that the fame was done in purfuance and by the ^^^^^^°"^*
authority of this ad ; and if the fame fhall appear to have been may plead
fo done, or if any fuch adion or fuit (hall be brought after the the general
time limited for bringing the fame, or be brought and laid in^^^'^» ^"d
any other county than as aforementioned, then the jury (hail ^'^^ j^^^^-^?*
find for the defendant or defendants ; or if the plaintiff or matte^Jn
plaintiffs (hall become nonfuit, or difcontinue his, her, or their evidence,
adion, after the defendant or defendants Ihall have appeared ; ^^ Plaintiff
or if upon demurrer judgement (hall be given againil the plaintiff P''^^^^^^ ^'^
or plaintiffs, the defendant or defendants fliall and may recover ^f/j^ner^ the
treble cods, and have the like remedy for recovery thereof, as jury are to
any defendant or defendants hath or have in any cafes -by law. ^"d for the

LXXXVL And be it further enaded. That from and after ^^J^"^^."^'
the twenty-eighth day of September^ one thoufand {Q\'Qn hund- ^ave t^eble^
red and feventy-three, an ad, paffed in the feventh year of his cods,
prefent Majefty's reign, intituled, An a^ to explain^ amende and Tht^^xwx.^
reduce into one aui of parliament^ the general laws noiv in being for of 7 Geo. 3,
regulating the turnpike roads of this kingdom^ and for other pur pofes ^^^P^^l^d.
therein mentioiudj (except fo much thereof as repeals the feveral

ads

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302 Anno declmo tertio Georgii III. c. 84. [1773.

Thisa6tis a6ls therein mentioned,) (hall be, and the fame is hereby re-

to commence pealed ; and that this adl (liall commence and take e^e6l on the

day 0I Sept. twenty-ninth day of September^ one thoufand feven hundred and

3 773' * feventyrthree.

THE

S C H E D U L E

REFERREDTO,

Containing the form of PROCEEDINGS.

- ■ ' ■ I I. ■■« ■ ■ ...■- ...., , . - ■ I ■ L ■ I 1^

N^ I.

Order of truftees for erefting a weighing engine;

Jt a meeting of the truftees of the tumpile roads ^ under an aSf^
pafed in the thirteenth year of the reign his majefty King George
the Third for [ftate the principal part of the title of the ad]
held at the day

of 17

IN purfuance of the powers given to us by an acl, paiTed in
the thirteenth year of the reign of his majefty King George
the Third, /?r regulating the turnpike roads^ we do hereby order.
That an engine, proper for the weighing of carriages, of the
conftrudions and weights fpecified in the faid ad, be forthwith
ereded at or as near as conveniently may be to the toll-gate or
bar now ereded upon the faid turnpike road at
and that A. B, the [Treafurer,) Clerks) or Surveyor,) of the faid
turnpike road do contrad with fome proper perfon {or with
C. D.) (in cafe the trujiees /hall think fit to name the perfon,) for
the making and ereding fuch engine, and do infped and take
care that the fame is properly done : and we do order the gate-
keeper at the faid gate or bar for the time being to attend the
faid weighing engine, and carefully to weigh all carriages paffing,
loaded upon^tbe faid road, at the place where fuch engine (liall
be ereded, together with the loading thereof, and to take the
feveral additional tolls or rates for overweight, and give tickets
of the weight of fuch carriages and loading, when required by
the driver thereof, according to the diredions of the faid ad ;
and alfo to enter in a feparate book, to be kept" by him for
that purpofe, an account of every carriage fo weighed, which
fliall, with the loading, exceed the weights allowed by the

faid

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1 773-] Anno decimo tertio GeoRgii III. c. 84.

fald ad, and account to us for the money received for all fuch*

overweight.

{To befigned by five at leajl of the trufiees.)

NMI.

TABLE of weights allowed in winter and fammer to
carriages directed to be weighed, including the carriage
and loading, by the a6l of the thirteenth George the
Third.

30s

SLimmer.

TO every v/aggon upon rollers, of the I'^^^-c^^^-
breadth of fixteea inches, - - - j

To every waggon with nine inch wheels,!

rolling a furface of iixteen inches on each f

fide, .-.---■>
To every waggon with nine inch wheels.
To every cart with nine inch wheels.
To every waggon with fix inch wheels.
To every waggon with fix inch wheels, roll- 1

ing a furface of eleven inches, - - - j
To every cart with fix inch wheels.
To every waggon with wheels of lefs breadth 7

than fix inches, - - - - j

To every cart with v\^heels of lefs breadth \

than fix inches, - - - • j

10

5

10

12

10

10

Winter,
Tons. Cwt.

7 —
6 —

5

2

3
5

2

10
15

N°. III.
Agreement between truftees of different turnpike roads,
for erefting one weighing engine for the ufe of fuch

roads.

At a meeting of the truftees of the turnpike roads ^ wider an a51^ faff-
ed in the year of the reign of King George
the for [fi:ate the principal part of the title of
the act,] and alfo of the truftees of the turnpike roads ^ under an
a^j pffed in the year of the reign of King George the
for (&c. as above) held at the day of 17
for the purpofe of agreeing upon and ordering a zveighing engine^
at the joint expence of the truftees j for the ufe of the faid fever al
turnpike roads^ purfuant to the powers given by an acf^ P'^Jfed in
the thirteenth year of the reign of his majfty King George the
Thirds for regulating the turnpike roads,

T appearing to us, that a weighing engine may be ereded at
[defcribing the fpot where it can be moft conve^
niently placed^) which will accommodate both the faid turnpike
roads, according to the true intent and meaning of the faid aft ;
we Ao thercfure order, ^r. [as in the form above ?7ientioned) and

we

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304 Anno decimo terdb Georgii III. c. 84. [1773.

we do hereby agree and order. That the expences of making
and ereding the faid weighing engine, and the fum of

which we do hereby agree and order, (hall
be paid to the toll-gatherer attending the faid toll-gate for the
tinfie being, weekly, for his extraordinary trouble in attending
the faid weighing engine, ihall be advanced and paid by the
treafurers of the faid feveral turnpike roads, in the (liares and
proportions following , videlicet^ That the treafurer of the

road (hall pay [One Half^) {Two-thirds^)
or, {Three-fourths^) parts thereof, (as the trujiees Jhall agree ^) and
the treafurer of the road ihall pay

the remaining {One Half) {One-third^) or {One-fourth^) part
thereof; and that the money to be received at the faid weigh-
ing engine, by forfeitures for overweight, (hall be paid to the
faid refpe6live treafurers, in the like proportions, and applied by
them for the ufe of the faid refpective turnpike roads.

N^ IV.

Complaint to the court of quarter fe(rions of a turnpike
road being damaged by excelTive weights, and that
there is no weighing engine upon it.

To the juftices at the general quarter fejftons of the peace for the
(County) Riding) Divifion) of

WE, whofe names are fubfcribed, being {Creditors or
Trujiees) under an adl, paflTed in the year

of the reign of King George the for, bfc, {State the

principal part of the title of the a^^] do hereby complain to the
juftices, at the faid court, that a part of the faid turnpike road,
Jying between and ^ is much

damaged by the carriage of excelTive weights thereupon, and
that the truftees of the faid turnpike road have hitherto negled-
ed to eredl, or order any weighing engine to be eredled, upon
the faid road, purfuant to the powers given to them by the a6l
pafTed in the thirteenth year of the reign of King George the
Third, /^r regulating the turnpike roads ; and we apprehend, that
if a weighing engine was to be eredted upon the faid road, pur-
fuant to the faid ad, at or near the toll-gate at
(or known by the name of the gate,) it would con*

tribute greatly to the prefervation of the faid road.

Signed this day of 17

{^Ifa juftlce of peace inakes the complaint y the form ivill be as
under -y)

^iddJefex. T ^. B. one of his Majefty's juftices of peace for
X the faid county, do hereby complain, &c.>(as'

above,)

N°. V.

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^773-1 Anno decimo tertio Georgii III. c. 84* 305

N^ V.

Notice of.a meeting o£ truftees, for ordering a fide-gate
to be ereded*

NOTICE IS hereby given, That the truftees of the turn-
pike roads, under an a6l, pafTed in the
year of the reign of King George the for [Sfaie

the material parts of the title of the a^] will nmeet at the houfe of

at on the

day of nex^5 at the hour of in the

noon, in order to confult about ere6ling a toll-gate
on the fide of the faid turnpike road, at or near a place called

acrofs a certain highway there^ lead-
ing to

Dated the day of 17

A, B. clerk to the faid truftees.

N^ vr.

Order of the trufl:ees for ere£ling a fide-gate.

AT a meeting of the truftees of the turnpike roads, under
an a6l, pafled in the year of the reign

of King George the for [Here flat e the material

parts of the title of the ^^,] being aflembled this
day of 17 to enforce the diredions of an a6^,

pafled in the thirteenth year of the reign of King George the
Third, for regulating the turnpike roads (as far as the fame re-
fpe6ls the eredting of fide- gates ,) iti purfuance of publick notice
given in writing upon all the toll-gates eredted on the faid road,
and alfo in the news-papers circulated in this part

of the country, for twenty-one days now laft paft 5 we do order,
that a toll-gate fhall be ereded on the fide of the faid turnpike
road, at or near a place called acrofs a

certain highway there, leading to and that

the following toll be taken at the faid gate ; viMicet^ [Here
infer t the particular tolls to be taken at the faid fide -gate. '\

This to be figned by nine truftees at Icaft*

N^. VIL

Order of trufl-ees for permitting carriages with fix inch
wheels to be drawn by horfes in pairs,

AT a -meeting of the tVuftees of the turnpike roads under an
a(5V, palled in the year of the reign of

King George the for, l^c, [State the material part of

the title of the a^^\ held at on the

Vol. XXX, ' X day

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3o6 Anno decimo tcrtio Georgii III. c. 84* [1773*

day of one thoufand feven hundred

it was requeued by feveral perfons, that liberty (hould be given
to draw carriages with fellies of the breadth of fix inches, by
horfes in pairs j and the ftate and condition of the faid turnpike
road being taken into confideration, and it appearing to us, that
the faid requeft may be granted without prejudice to the faid
turnpike roads, we do hereby authorife all perfons who (hall ufe
carriages with fellies of the breadth of fix inches upon the faid
turnpike road, to draw fuch carriages with horfes in pairs, if
they (hall think fit, from and after the day of

next, purfuant to the power given to us by an
2di, pafTed in the thirteenth year of the reign of his raajefty
King George the Third,/^?^ regulating turnpike roads.

(This meeting muft confift of feven or more truftees.)

N\ VIII.
Notice for letting tolls.

NOTICE is hereby given, That the tolls arifing at the
toll-gate, (or toll-gates^ if more than one^) upon the turn-
pike road at called or known by the
name of the gate, will be let by audion,
to the beft bidder, at the houfe of at

on the day of

next, between the hours of and in

the manner direded by the a6V, paffed in the thirteenth year
of the reign of his majefty King George the Third, /^r regulating
the turnpike roads y which tolls produced the laft year the fum
of above the expences of col-

ledling them, and will be put up at that fum. Whoever hap-
pens to be the beft bidder, muft, at the fame time, give fecurity,
with fufficient fureties, to the fatisfadion of the truftees of the
faid turnpike road for payment of the rent agreed for, and at
fuch times as they fhali diredt.

J. B, clerk to the truftees of the
faid turnpike road.

N^ IX.
Order of truftees for reducing the tolls.

Jt a meeting of the truftees of the turnpike roads ^ under an a^^ pajf

ed in the ^ , y^ar of the reign of King^ George the.

for^ &c. [State the principal part of the title of

th^z€i]held'at the day

WHEREAS by the faid aft there was no power (or n9
effc^ual power) given (as the cafe may be) to the truftees
to lefien the tolls authorifed to be taken by the faid a61:; we,
2 whofe

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1 773-] Anno decimo tertio Georgh III. c.84. 307

ivhofe names are fubfcribed, being feven or more of the truftees
a6ling under the faid a6^, being now aflembled for reducing the
toils authorifed to be taken by and under the faid ad, purfuant
to publick notice given for that purpofe in the
news-paper circulated in this part of the country, and alfo affix*
ed upon all the turnpike-gates ereded upon the faid turnpike
road for upwards pf one calendar month now laft paft ; and hav-
ing the confent of the feveral perfons intitled to five-fixth parts
of the money now remaining due upon the credit of the faid
tolls -this day fignified and proved to us, do hereby prder, That
the tolls granted by the faid ad IhalJ, from and after the

day of one thoufand feven hundred

be leflened and reduced in the following
manner ; [Herejfate the feveral redu^iom propofed to be made.']

N°. X,
Order of two juftices for determining what repairs (hall
be done to new roads by perfons w^ho are difcharged
from the repair of old roads.

Middlefex, '\%7^:> ^wo of his Majefty's juftices of the peace
Y V ^^^ ^^^^ ^^'^^ county, ading within the [Hun-
dred) of in the faid county, having (at the requeft
of the parties interefted in the repair of part of the highway
[or turnpike road) hereafter mentioned, who could not agree
about the repair thereof,) viewed a certain part of the highway,
[er turnpike road) defcribed in the plan hereunto annexed, of
the length of yards, which hath been fet out
and appropriated for a new highway (or turnpike road) between
and . in lieu of an old highway,
[or turnpike road ^) which hath been ordered to be flopped up,
and having alfo viewed the ground where the faid old highway-
was fituated, and having fummoned the furveyor of the faid new
highway, (^r turnpike road^) and alfo J. B, [ivho ivas liable by
tenure^ he) If the old road lay in a different parifl)^ and was to be
repaired by the inhabitants^ leave out the words in italick^ and infert
[the furveyor of the [Parijh^ &c.) of zvhere the faid
old road lay, who were liable) to the repair of the faid old high-
way, [or turnpike road^) to appear before us this day ; and hav-
ing heard what has been alledged touching the repairs of the
faid part of the faid highway, [or turnpike road,) and having fully
confidered the fame, and all the circumftances of the cafe, we
think it juft and reafonable, and do hereby order and [adjudge,)
that the faid J. B. [or the inhabitants of the faid pari/b, &g.) (hall,
from time to time, repair, and keep in repair, the whole, (or a
part of the faid highway) from ^ to
containino- yards in length at each end, whereof
we have caufed a poft, or ftone, to be placed, to afcertain the
extent thereof.

Given under our hands and feals, this day

of 17

X z (//

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5^8 Anno decimo tertio GeoRGII IIL c. 84. [i 773

[If it be agreed^ by the. confent of the parties^ la pay a futn in
grojsj in lieu of fuch repairs^ after the word (adjudge) infert (by
and with the confent of the faid A, B. fignified by his fubfcrib-
ing his name to this order,) (or by the confent of the inhabi-
tants of the faid {Parijb, &:c.) of figniBed in writ,
ing, at a veftry or other pubhck meeting, a copy whereof is
hereunder written) that the faid J. B, {or the inhabitants^ &c.)
is [or are) hable to repair part of the faid new highway ; and that
if he [or they) (hall, on or before the day of
next pay to the furveyors of the highways of the
highways of the faid [Pari/h^ &c.) of [if it is not
turnpike road) and, if it be turnpike road, [to the treafurer of the
faid turnpike road^) the fum of he the faid A. B.
and his heirs, (or the faid inhabitants^ and their fuccejfors) (hall be
for ever acquitted and difcharged from the burden and obliga-
tion to repair the faid new highway, or any part hereof.

{If it be by the confent of parties agreed to pay an annual fum in
lieu of fuch repairs^ the form will be eafily varied^ and adapted
to that cafe, )

I do confent and agree to the above order.

A.B.

Agreement of inhabitants, at a veftry, or publick meet-
ing, to pay a grofs fum, or annual payment, to be dif-
charged from the repair of a particular road.

WE, whofe names are fubfcribed, being a majority of the
inhabitants of the [Parijb^ &cc, of aiTembled,

this day of at a veftry, or publick meet-

ing, held purfuant to notice duly given, for the purpofes of con-
fulting about an agreement to be made concerning the repair of
part of a highway [or turnpike road) within the faid [Parifh^ Sec.)
of do confent and agree to pay the fum of

to be abfolutely exonerated and difcharged
from all future rep'^irs of the faid highway, [or turnpike road)
(or if an annual payment be agreed upon^) to pay annually the
fum of

N^ XII.

Agreement between the truftees of a turnpike road, and
a perfon liable by tenure to repair fome part of it.

At a meeting of the trujlees of the turnpike roads under an a5i^
paffed in the year of the reign of King George

the for [State the principal part of the title of the

^S:] held at the day of 17

'HEREASy/. 5. of is liable by tenure, ^r.

['IS the cafe f hall be) to .the repair of a certain highway

lead-
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w

1 773*] Anno decimo tertio Georgii III. c. 84, 309

leading between and of the length

of yards, or -thereabouts, and tliefaid highway

being now made turnpike -road by virtue of the faid adt, will
occafion a greater expence to make and keep the fame in proper
repair than wquld have been neceffary if no fuch ad had been
obtained ; and the faid A, B, attending this meeting in perfon,
{or by C. D. his attorney or agent, authorifed to treat in his be-
halfj the faid truftees and the faid A. B, &c. in purfuance of a
power given by an a6f, paffed in the thirteenth year of the
reign of King George the Third, for regulating turnpike roads^
have, in order to put and keep the faid road in proper condi-
tion and repair, come to the following agreement ; videlicet ,
. That the faid truftees (hall, on or before the day of

next, pay and allow the fum of '
out of the tolls ariiing upon the faid turnpike roads, toward^
putting the faid road into proper repair, to be laid out and
expended by the furveyor of the faid turnpike road ; and that
the faid A. B. fhall advance and pay into the hands of the trea-
furer of the faid turnpike road, on or before the
day of next, the fum of to be alfo

laid out and expended by the faid furveyor in the repair of
the faid road ; and that from and after the twenty-ninth day of
September next, the faid turnpike road (hall be kept in repair by
the faid truftees out of the faid tolls, as aforefaid, fo long as the
faid turnpike ac5t ftiall continue, upon the faid A, B, paying into
the hands of their treafurer the fum of upon the

twenty-fifth day of March^ in every year, which the faid A. B,
doth hereby for himfelf and his heirs agree to pay accordingly,
fo long as the faid road ftiall be fo repaired by the faid
truftees, as aforefaid.

[Or ifitjhall be agreed^ that A. B. Jhall hep the road in repair^
Upon having an annual allowance in money or Jlatute- duty from
the faid truftees let the agreement be varied^ and adatted to
the cafe,]

N^XIII.

Order of juftices at a fpecial feffion, for proportioning the
ftatute duty, where there are two or more turnpike
roads in the fame place.

Middlefex. At a fpecial fej/ions^ held by juf ices of the peacs for
the faid county^ ailing for the (Hundred) Riding) Divifion,
^c.) of at within the faid (Hundred,)

bV. ) the day of 1 7

IT appearing to us, that part of the highway lying in the
[Parijlj^ &c.) of was made turnpike road by

an ad^ palled in the year of the reign of King George

the called the turnpike road, and alfo

that part of another highway, lying in the fame [Parifhy &e.)

^ 3 was

Hosted by Google .

3IO Anno decimo tertio Georgii III. a84. [1773.

was made a turnpike road, by an 361, paffed in the year

of the reign of King George the called turn-

pike road ; and that, &;c. [State the others in the fame manner^
if there ore more than two^ and that by the faid feveral ads, more
than three days ftatute-duty are required to be performed by the
inhabitants of the faid {Parijh^ &c,) upon all the faid turnpike
roads ; and we having, purfuant to the diredions of the adt,
pafTed in the thirteenth year of the reign of King George the
Third, y^jr regulating the turnpike roads^ duly fummoned the fur-
veyors of the faid feveral turnpike roads, and alfo the furveyor
of the faid [Parifo^ kc) to appear before us this day ; and hav-
ing had regard to the extent and condition of the feveral high-
ways within rhe faid {Parijby &c.) and to the tolls and revenues
arifing from the faid turnpike roads, and having heard and con-
fidered the whole cafe, we do order, that the inhabitants of the
faid {JPuriJh^ Sec.) fliall perform {One) day's flatute-duty upon
the faid road called the turnpike road, (One) other

day's ftatute-duty upon the faid road called the turn-

pike road, t3'c. under the dire61ions and infpedion of the fur-
veyors of thofe refpecftive turnpike roads, and the remainder of
their ftatute-duty upon the other highways within the faid
(Parijh, &c.) under the diredlion and infpedion of the furveyor
\or furveyor s) thereof.

A. B.
CD.

[The proportion of the duty to be varied as the circumfances of the
$afe Jhall require. ]

N^ XIV.
Order of juftices at a fpecial feflions, to take part of the
flatute-duty from turnpike roads, for the benefit of
other highways in the faid parifh, i^c.

Middlefex. At a fpecial fejfions^ held hy juf ices of the peace for
the faid county., a^ing in the (Hundred) of
zuithin the faid county y at on the

day of 17

WHEPvEAS apphcation and complaint upon oath has
been made unto us by A. B. furveyor oi the [Parifl)^ Sec,)
of that the feveral highways, not being turnpike,

within the faid (Parifh^ Sec.) are very extenfive, and in bad re-
pair, and that a confiderable part of the ftatute-duty arifing
within the faid {Parifh, &c.) hath been called forth, and re-
quired to be applied in the repair of certain turnpike roads lying
within the faid {Parifh, Sec) which are in good condition, and
have a confiderable revenue for their fupport, arifing from the
tolls colledled thereupon : and we having duly fummoned C, D.
the furveyor of the faid turnpike road, to appear before us, to

Ihew

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^ 7?3*li Anno declmo tertlo Georgii III. c. 84* 3 1 j

fhew caufe why the faid ftatute-duty called forth and apph'ed by
him to the repair of the faid turnpike road, fhould not be with-
drawn therefrom, and applied to the repair of the other high-
ways within the faid [Parijh^ &c.) ; and upon hearing the faid
C, D, and receiving an account o^ the revenues and debts of the
faid turnpike road, and of the ftate and condition of the repair
of the faid turnpike road and highway refpe6iively ; and it ap-
pearing to us, upon full confideration had thereupon, that part
of the ftatute-duty hitherto employed by the faid [Parijh^ he.)
for the repair of the faid turnpike road, may be conveniently
difpenfed without endangering the fecurities for the money ad-
vanced upon the credit of the tolls thereof; and thatVuch
ftatute-duty is wanted for the repairs of the other highways
within the faid parifh ; we, in purfuance of the power given to us,
by the adl, pafled in the thirteenth year of the reign of King G^^r^^
the Third, yj?r regulating turnpike roads^ do order. That from and
after the twenty-ninth day of September next, there (hall be only
(One) day's ftatute-duty performed by the inhabitants of the
faid {Parijh^ he) upon the faid turnpike road within the fame,
and that the remainder of the ftatute-duty fhall be performed
upon the other highways within the faid [PariJJ)^ he.)

\_If there are more turnpile roads than one^ or the whole Jlatute-
duty Jhall he thought fit to he taken away ^ this form mujl he varied
to fit thofe cafes ; the fummons to the furveyors zvill he very eafily
formed from this order.']

N^ XV.

Licence by the truftees for drawing with an Increafed
number of horfes up a fteep hill.

Jt ^ meeting of the trujlees of the turnpike roads., under an a5i^ ,.
paffed in the year of the reign of King George

the for [State the principal part of the tide of the

a6l] held at the day of 17

IT appearing to, us^ upon the oath of ^ being

a perfon experienced in levelling, that the rife :yi {part of)
a certain hill, upon the faid turnpike road, lying in the parifh of

called or known by the nanle of
hill, between the poft marked [put on) and the poft marked
(take off) being yards in length, is above four

inches in a yard, we do hereby allow to be drawn up the
faid hill, between the pofts above mentioned, waggons, having
the foles or bottom of the fellies of the wheels of the breadth of
nine inches, with horfes ; and carts having the like

wheels, with horfes ; and waggons having wheels of

the breadth of fix inches, with horfes ; and carts

having the like wheels, with horfes ; and waggons

liaving wheels of lefs breadth than fix inches, with

X 4 horfes;

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3 ^ 2 Anno declmo tertio Georgii III. c. 84. [ i ^^^^

horfes ; and carts having the hke wheels, with
horfes.

IThls form is calculated where any part of the hill between
thoje pojls rifes above four inches in a yard, but if the ivhok rife
between the pofls Jhall be upon an average more than four inches
in a yard, before the tvord {^hovc) infert (upon an average)
zvhich will authorife the jufiices to allow more horfes than mentioned
in the jJ/J

N°. XVI.

Certificate of the above order to the juftices of peace at

their quarter feffions.

I A, B, clerk to the truftees, mentioned in the above order, do
hereby certify to the juftices of the peace, for the (County)
Ridmg) Divifion) of at their general quarter feffions

of the peace, that the above is a true copy of the order made by
the faid truftees, for the purpofes therein mentioned.

Dated this day of 17

A B
N-. XVII.

Agreement by fubfcription for advancing money to make
and repair a turnpike road or highway.

WE whofe names are fubfcrlbed, do agree to advance and
pay the feveral fums wrote by us, oppofite to our names,
""^°. , to be laid out and expended in the

making and repairing a certain highway leading from
to , after an a6t of parliament (hall be obtained for

making the fame turnpike road, upon having the tolls to be col-
leded upon fuch turnpike road affigned and made over to us,
as a fecurity for the refpedlive fums fo to be advanced by us, to-
gether with intereft for the fame, after the rate of
per centum per annum, which fums we do hereby feverally agree
to pay by inftallments, in the following manner, videlicet^ one
fourth part thereof on the day of next

one other fourth part, (&c. &c. &c.) '

Dated this day of 17

N^XVIIL

Warrant from a juftice of peace to enter the toll-gate houfe
and reinove the perfons therein, *

Middlefex. To ih^ (conftable) headborough) tythingman) of

in the faid county,

WHEREAS complaint hath been made unto me y/ B.
efquire, one of his Majefty^ juftices of the peace for* the
faid county, upon th^ 04th of ' and other

evi^

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1 773-] Anno decimo tertio Georgii III. c. 84. 313

evidence now produced tome, that CD* who now inhabits the
turnpike or toll-gate houfe at upon the turn-

pike road leading fronn to

and was appointed to colIe61 the tolls there, hath beeii duly dif-
charged by the truftees of the faid turnpike road from any further
colle6ting or receiving the tolls arifing at t(ie faid gate, and hath
refufed, and ftill doth refufe, to quit the pofleffion of the faid
houfe; and the faid C» D, having been fummoned to appear be-
fore me this day, to fliew caufe why he fhould not be removed
from the faid houfe, and having fhewn no fufficient caufe for that
purpofe, I do hereby authorife and require you, with fuch affift-
ance as (hall be necelTary, to enter into the faid toJl-houfe or
turnpike-houfe, and the buildings belonging thereto, in the day-
time, and to remove the faid C, D, and all fuch perfons as fhail
-be found therein, together with his and their goods, out of fuch
houfe and buildings, and to put E, F. the perfon lately appointed
by the truftees to colledl fuch tolls, into the poffeflTion thereof,
for which this (hall be your fufficient v^'arrant.

Given under my hand and feal this day

of 17

N^XIX.
Notice for contradls to be made, for getting and carrying

matcpials.

NOTICE is hereby given, that A, B, furveyor of the
turnpike road, lying between and

will, on the day of

next, at the hour of in the

noon, let the getting of {tons) of gravel,

or [tons) of fton-e, to be got at a pit at

for the ufe of the faid turnpike road, and will alfo let the carriage
of the faid gravel [orjionej from the faid pit to
where the fame is to be ufed and employed upon the faid turn-
pike road ; and all perfons defirous of entering into a contrail
with the faid furveyor, either for getting or carrying the faid
materials, are defired to attend at the time and place before men-
tioned.

Dated this day of 17

A. B.

W. XX.
Bond from the furveyor,

WE A, B. furveyor of the turnpike roads, under an a^,
pafled in the year of the reign of King George

the for [/late the principal part of the title of the a^] and

C. D, of are bound to E. F. of in the fum of

pounds, tp be paid to th^ faid £. F, his executors,

ad*

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314 Anno decimo tertlo GeoROII III. c.84. [1773.

adminiftrators, or affigns, for which payment we hereby bind
ourfelves feverally, and each of our heirs, executors, and admi*
niftrators.

Dated the day of ^7

The con^dttion of this bond is fuch, that if the fiiid A, B, his
executors, or adminiftrators, (hall duly and faithfujly account
for, apply, and pay all and every the fum and fums of nfioney,
which hath come, or fhall come, to his hands as furveyorof th$
turnpike road aforefaid, according to the direcSlion and true in-
tent and meaning of the faid a5l, and of the ftatute, made in the
thirteenth year of the reign of his majefty King George the Third,
for regulating the turnpike roads^ then this bond to be void, or elfe
to remain in full force.

(The bond from jhe treafurer will be in the fame form),

N^ XXI.

Summans for any perfon or perfons to attend a juftice or

ju ft ices.

IMiddlefex. To A. B. cf

WHEREAS complaint and information hath been made
upon oath before me C. Z). one of his Majefty's juftices
of the peace for the faid county,, &c.) by E, F, of
that, &c. [herefiate the nature and circum/iances of the cafe^ as far as
it Jhall be necefjory to Jhew the offence^ and to bring it within the au-
thority of the jufiice \ and^ in doing that, folhiu the words of the aB as
pear as may be ) Thefe are therefore to require you perfonally to
appear before tne^(QrthejuJlices to be affembled at their [pedal fefftons^
to be holden) at in the faid (county^ Sic) on the

day of next, at the hour of

in the noon, to anfwer to the faid complaint and infor-

mation made by the faid E. F^ who is likewife direded to he
thtn and there prefent, to make good the fame: herein fail not.

Given under my hand and feal, this
day of 17

N°. xxir.

Information.

Jkfiddle/ex.Ty E it remembered. That on the

Xj day of 17 J. B, of

in the faid county, informeth, and maketh
oath before me one of his Majefty's!

juftices of the peace for the faid county, that

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17730 ^^^0 decimo tertio Georgii III. G 84. 3^5

of in the faid county, [here defcribethe of erne par-

ticularly, and follow the words of the a£i as near as may be] contrary
to the ft-itiue, made in the thirteenth year of the reign of King
Georo-e the Third, for regulating the turnpih roads, which hath
impofed a forfeiture of for the faid offence.

Taken and fvvorn the day 7 J- B.

of before me i

N°. XXIIL
Form of conviftion.

Middlefex, JJ E it remembered, that on the

1j day of in the year of our Lord, 17

^|. in the county aforefaid, J. B. came before

me CD. efqnire, one of his Majefty's juftices of the peace for
the faid county, and informed me, that £. F. of
on the day of now I'aft pad, at

in theTaid county, did [here fet forth thefaB, in the manner de-
fcribed by thefiatute] whereupon the faid E. F. after bemg duly
fummoned to anfwer the faid charge, appeared before me
on the day of at ^

in the faid county; and having heard the cnarge contamed m
the faid information, declared, that he was not guilty of the faid
offence ; but the fame being fully proved, upon the oath of G.H.
a credible witnefs, it manifeftly appears to me the faid j^iltice,
tlwt he the faid E. F. is guilty of the offence charged upon him
in the faid information ; it is therefore confidered and adjudged
by me, the faid julVice, that he the faid E, F. be convided, and I
do hereby convid him of the offence aforefaid ; and I do hereby
declare and adjudge that he, the faid E, F. hath forfeited the
fuf^ of of lawful money of Great Britain for t he-

offence aforefaid, to be diftributed as the law direds, according
to the form of the ftatute in that cafe made and provided.

Given under my hand and feal, the day of

After the words " being duly fummoned to anfwer to the faid This to be in-
charge," infcrt, [did not appear before me, purfuant to ^^^>'f^>'^^-{hf pany r'e-
mons ;) or, (did, negka and refuje to make any defence agamji tm (,^i^^l^^ ^p.
faid. charge : but the fame being fully proved^ &c.) as before. pear upon the

•^ , fummons.

After the words " contained in the faid information," infert, r^^^^ ^^ ^^^•^^^-
( acknowledged, and voluntarily confeffed the fame to be true^ and it ferted when
mnifefl^ appears to me, the fold juf ice, Sec.) as above. "^^^Z^,

the charge.

No.

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3^6 Anno decimo tertio Georgii III. c. 84. [17^3.

N^'XXIV.
Warrant to diftrain for the forfeiture,

Middlefex. To the (conftable) headborough) or^ tithingman)
^/

WH E R E A S ^. ^. of in the faid county,

IS this day convided before me, C. D. efquire, one of his
Majeft/s juflices of the peace in and for the faid county, upon
the oath of G. //. a credible witnefs, for that the faid A. B. hath,
[here fet forth the offence, defcrihing it particularly in theivords of the
Jiatute, as near as may be], contrary to the ftatute in that cafe made
and provided, by reafon whereof the faid J, B. hath forfeited the
fum of to be diftributed as herein is mentioned, which

he hath refufed to pay ; thefe are therefore, in his Majefty's pame,
to command you to levy the faid fum of by diftrefs of the

goods and chattels of him the faid J. B. and if within the fpace
of four days next after fuch diftrefs by you taken, the faid fum,
together with the reafonable charges of taking and keeping the
fame,^ (hall not be paid, that then you do fell the faid goods
and chattels fo by you diftrained, and out of the money arifing
by fuch falc, that you do pav one half of the faid fum of
This to be to E, F, of who informed me

inTtot'hedi^^ ^^'^ ^^'^ ^^^^"^^' ^"^ ^^^^ °^her half of the faid fum of
rea-ion ot the , ^^ 7* ^' the furveyor of the turnpike road,

a6t in each [defcribing it), where the faid offence, {negle5i, or {default,) hap-
panicuiar pened, to be employed towards the repair of the faid road, re-
cafe, turning the overplus, on demand to him the faid A, B (the rea-
fonable charges of taking, keeping, and felling the faid diftrefs,
being firft deduded) ; and if fufficient diftrefs cannot be found
of the goods and chattels of the faid A. B. whereon to levy the
faid fum of that then you certify the fame to
me, together with this warrant.

Given under my hand and feal, the day

of 17

CD.
N% XXV. ,

Return of the conftable to be made upon the warrant of
diftrefs, where there are no effects.

I A. B, conftable of the (parifh^ &c.) of
in the county of do hereby certify and mak^

oath, that, by virtue of this warrant, I have made diligent
fearch for the goods of the within named
an4 that I can iind no fufficient goods whereon to levy the with-

Hosted by Google

1775*] Annodecinno tertlo Georgii III. C.84. 2^7

m fum of as witnefs my band, the

tlay of 17

Sworn before me the day and 7
year^ &c. C, D. 3

J.B.

N^ xxvr.

Commitment for want of diftrcfs.

Mlddlefex. To the (conftable) of in the faii'

county^ and to the keeper of the common gaol (or^ the houfe of
corredion) at in the faid county.

W "HERE AS A. B. of in the fald

county, was, on the day of con-

vi^ed before me, C. D. efq ; one of his Majefty's juftices
of the peace in and for the faid county, upon the oath of E, F.
a credible witnefs, for that he, the faid A. B, [Here fet forth
the offence^'] contrary to the ftatute made in the thirteenth year of
the reign of his raajefty Yslm%George the Third, /^r regulating ^ the
turnpike roadsy by reafon whereof the faid A. B, hath forfeited
the fum of . And whereas, on the day of

in the year aforefaid, I did iflue my warrant to the
{confable) of to levy the faid fum of ^ by

diftrefs and fale of the goods and chattels of him the faid A. B.
and to diftribute the fame according to the diredions of the faid
ftatute : and whereas it duly appears to me, upon the oath of the
faid {confable)^ that the faid [conjlahle) hath ufed his beft endea-
vours to levy the faid fum on the goods and chattels of the faid
A, B. as aforefaid, but that no fufficlent diftrefs can be had
whereon to levy the fame, thefe are therefore to command you,
the {z\A\confable) of aforefaid, to apprehend the faid A* S-

and him fafely to convey to the common gaol, [or houfe of correc^
tion) at in the faid county, and there deliver him to

the keeper thereof, together with this precept ; and I do here-
by alfo command you, the faid keeper, to receive and keep in
your cuftody the faid A. B, for the fpace of three months, i^n-
lefs the faid fum fhall be fooner paid, purfuant to the faid con-
vi6lion and warrant; and for fo doing this fhall be your fuffi-
cient warrant.

Given under my hand and feal, the

day of in the year of our Lord 17

CD,

A.

. N^ XXVII.
Notice of appeal to the quarter feffions.-

B. take notice. That I intend to appeal to the next gene-
*' ral quarter feffions of the peace to be holden for the

( cQuniy-^

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3i8 Anno decimo tertio Georgii III. c. 85 — 89. [1773.

[county^ &c). of againft an [order^ convl^lon^) or

other proceeding, [as the cafe may be)^ [particularly fpecifying the
purport of fuch order^ &c. and affigning the grievance^ and caufe of
complaint.

Dated the day of 17

CD.
C A P. LXXXV

An a5ifor dividing and inclofing the open arable fields^ meadows^ pa*
Jlures^ and commons^ or wafte grounds^ in- the townjhip <7/Gowd-
all, in the pcrijh of Snaith, in the county <?/ York ^ and for drain-
ing and prefer ving the fame.

CAP. LXXXVL

An a5f for improving afid completing the navigation of that branch of
the river Tr^nt which runs by the tovon ^/Newark upon Trent,
from a place called The Upper Wear, in the parijh ^/Averham,
in the r^j^^^O/^/ Nottingham, to a place cal'ed The Crankleys, /«
the pari/h of South Muikham, in the faid county.

CAP. LXXXVII.

An a5l for enlarging the term and powers of an a5iy made in the tiveii- '
ty-feventh year of the reign of his late Majefty^ for repairing the
road from the toll-gate in the parijh ^/Ketrering, in the county of
Northampton, to Newport Pagnell, in the county of Bucks.

C A P. LXXXVIII.

An a5i to continue the term and alter the powers of an a^f^ made in
the tzventy-ftxthyear of the reign of his late majefty King George
the Second^ for repairing and widening the roads leading from a
place called Bafmgftone, near the /^m^ (?/Bag(hot, /// the parijh
^/ Windlefham, in the county of Surrey, through Frimley and
Farnham, in the fame county^ and from thence through Bentley,
Hollyborn, Alton, Chawton, Ropley, Biihops Sutton, New
Alresford, and Mattingley, otheriuife Matterley Lane, to the
city ^/ Winchefter, in the county /?/^ Southampton.

CAP. LXXXIX.

An a5i to enlarge the powers of two a5is^ made in the twenty- fifth year
of King George the Second^ and ftxth year of King George the
Thirdj^for repairing the roads from the north ^;7^,^/Malling-ftreet,
near the town ^/ Lewes, and other roads in the county of Suflex ;
and for amending the road from the Broil-park Gate, to the weft,
end of the turnpike road leading from, the turnpike road on Hurft
Green, through the parijhes of Etchingham a7id Burwa(h, and
from the faid BroW-^diXk Gate to the town ^/Battell,. ;;2 the J aid
county y fo far as relates to the road from ^/;^ Broil-park Gate to
the wefl end of the turnpike road leading from the turnpike road on

. Hurft Green, through the parijhes -^/^ Etchingham and Burwafb
aforefaid,

CAP.

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1773-] Anno dccimo teftio Georgii III. 0.90-96. 31^

CAP. XC.

Jn a5l for repairing and widening the road from Nev^ark upon
Trent, in the' county of Nottingham, to join the turnpike road
from Nottingham to Grantham, in the county (j/'Lincoln, near
the Guide- poft on the Fofs road near Bingham, in the f aid county
^/Nottingham.
^ CAP. XCI.

An a5l for enlarging the term and poivers of an. a5i^ of parliament of
the twenty-feventh year of the reign of his late majefty King Gtorgo^
the Second^ for repairing and widening the road from the city of
Peterborough, through Oundle and Thrapfton, to Wellingbo-
rough, in the county ^/Northampton, and for repairing and wi-
dening feveral other roads near or adjoining thereto,

C A P. XCII.

Jn aSf for continuifig the term and enlarging the power s^ of an a5f~^
made in the tiventy-fecond year of his late Majeflfs reign^ for re-
pairing and widening the road leading from The Well at the
north-wefl end of the tozvn or village of Farnborough, in the
county (/Kent, to a place called River Hill, in the parijh of Se-
ven Oakes/ in the f aid county.

CAP. XCIII.

'An a5l for making and continuing a navigable cut or canal from Mau-
gan Forth, through the feveral parijh es of Maugan, Saint Co-
lomb Major, Little Golan, and Saint Colomb Minor, to Lower
Saint Colomb Forth, in the cou?ity ^/Cornwall.

CAP. XCIV.

An autfor enlarging the terms and powers of two a5fs^ of the tenth and
twenty-firfl years of the reign of his late majefly King George the
Seconds, for repairing the road from Hertford Bridge Hill to the
town o/Bafingftoke, andalfo the.roadfrom Hertford Bridge Hill
aforefaid to the town </Odiham, in the county of Southampton*

CAP. XCV.

An a 51 for enlarging the term and powers granted by an aSl^ puffed in
the twenty-ninth year of the reign of his late Majejly^ for repairing

' and widening the roads leading from the tozvn ^/Kinton, in the
county ^/Hereford, through the WelQi Hall Lane, as far as the
fame county extends y and the feveral roads leading from Kington
aforefaid to Brilley's Mountain, to Eardifley, to Ahnley, to
Eckley's Green, to Eardifland, to Staple Bar, and to Milton
Houfe, in thefaid county \ and for amending the road from the turn-
pike road in the pariJI) ^/Tardifley to Wilkrdcy turnpike gate ^ in
the faid parijh,

C A P. XCVL

An a5l for enlarging the term and varying the powers granted by an
a5f^ paffed in the twenty-fecond year of the reign of his late Ma-
' j^lbt for repairing and'widening the feveral roacfs leading into the
town of Rofs, in the county of Hereford,

, ■ CAP.

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320 Anno decimo tertio Georgii III; c. 97— 103. [1773;

CAP. XCVII.

An a5i for enlarging the Urms and powers of three aHs^ poffed In the
"thirds feventeenth^ and thirtieth years of the reign of his late ma^
jefly King George the Second^ for repairing the road leading from
a gate called Shipfton tdl-gate^ at Bridgetown, in the parijh of
Old Stratford, In the county of W^\'\^\(±^ through Alderminfter
and Shipfton upon Stower, to the top of hong Compton hill^ in
the faid county of Warwick ; and aljo for repairing the road leading
from thefirjl mile- ft one /landing on the faid Shipfton road^ through
a lane called Clifford Lane, a7id through Mickleton and Chip-
ping Campden, to a place called Andover's Ford, /;; the county of
Gloucefter, as far as the fame relate to the faid firfi- mentioned road,

CAP. XCVIII.

An aB for repairing the road from the Royal Oak, on Wrotham
Heath, to the town of Wrotham, in the county of Kent, and
from thence to Foots Cray ; and from the faid Royal Oak to the
town of Maidftone, in the faid county,

CAP. XCIX.

An aBfor enlarging the terms and powers of two aBsofthe twentieth
and twenty- fxth years of the reign of his late Majejly^ for repair-
ing the high road leading from the city of Durham, in the county
^Durham, /^Tyne Bridge, in the faid county,

CAP. C.

An a5l to enlarge the term and powers of an a5l^ made in the fifth year
of his prefent Majefiy^ for repairing and zvidening the road from
Newcaftle under Line to Hafibp, a-nd from Middle -hills to the
Macclesfield turnpike road near Buxton, and alfo the road branch-
ing out of the firft 'mentioned road at Cobridge to Burflem, and
^ to the Uttoxeter turnpike road at Shelton, in the cou?ity ^Stafford,

and for amending fever al other roads adjoining thereto.

CAP. CI.

An a^ for continuing the term^ and enlarging the powers of an a&^
made in the feventeenth year of the reign of his late majefiy King
George the Second^ for repairing the road from Cherill, through
Calne, to Studley Bridge, and from Cherill, to the Three Mile
Burrongh, at the top ^/Cherill Hill, in the county ^ Wilts.

CAP. cn.

An aEl for continuing the term^ and enlarging the powers of an aSf^^
pajfed in the eighth year of his prefent Mojeftfs reign^ for repairing
and widening the road from the way-poji^ in the parijh of Har-
dingfton, //z //?<? ^^z^/j/y ^ Northampton, /^ Old Stratford, in
the faid county.

CAP. CHI.
An a5i for continuing and etilarging the terms and powers of two a5is^
made in the thiftyfirflyear of his late Majefty^ and ninth year of his

prefent

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1773'] Anno decimo tertio Georgii III. c. 164—109: 3^1

prefent Maje/ifs reign^ for repairing feveral roads in the counties
of Montgomery, Merioneth, and Salop j and for repairing fe-
veral other roads therein mentioned.

CAP. CIV.

An a5l to enlarge the powers of two a5is^ made in the eighth and ele-
venth years of the reign of his prefent Majejiy^ for making and
maintaining a navigable cut or canak from the firth or river of
Forth, at or near the mouth of the river Carron, in the county of
Stirling, to the firth or river of Clyde, at or near a place called
Dalmuir Burnfoot, in the county ^/Dumbarton, andalfo a coU
lateral cut from the fame to the city of Glafgow ; and for making a
navigable cut or canal of communication from the port and hahour of
Borrowftounnefs, to join the f aid canaly at or near a place where
it will fall into the firth of Forth .

CAP. CV.

An a5l for amending^ widening^ and keeping in repair^ the road from
the Guide-pofl: at the wefl end of the town of Hampton, over
Sunbury Common, to the town of Staines, in the county ofMx^"

CAP. CVI.

An a5lfor enlarging and altering the terms and powers of two feveral
a^s^ made in the thirteenth year of the reign of King George the
Firfl, and in the fifteenth year of the reign of King George the Se-
cond^ for repairing the roads leading from the town ^/Bromefgrove
to the town ^/Dudley, in the county t?/ Worcefter, and from the
faidtown ^/Bromfgrove to the toivn ^/Birmingham, in the county
^/Warwick, fofar as the f aid a^s relate to the repairing of the
faid road^ leading from the town of Bromefgrove to the town of
Pudley. -^

CAP. CVII.

An a5ifor enlarging and altering the term and powers of an aSf, made
ift the tiventy-fixth year of the reign of King George the Second^
for repairing the roads leading from the market-houfe in Stour-
bridge, and other roads therein mentioned^ in the counties <?/ Wor-
cefter, Stafford, Salop, ^^^ Warwick, refpe^ively.

CAP. CVIIL

An a5i for repairing and widening the road from the north turnplle
road near Scot Gate, otherivife Sco Gate, in the town </ Stam-
ford, tn the county ^/Lincoln, to Oakham, in the county of Rut-
land, and from Oakham, through Burley, to a gate on the north
fide of a certain clofe, in the faid lordjhip ^/Burley, called Booth's
C\ok, adjoining to the open fields ^/ Cottefmore, in the faidcoun^
/J ^/Rutland. '^

C A P. CIX.

An a5i for more effeBunlly amending feveral roads leading from the
city of Exeter, and for rebuilding or repairing Exe Bridge, and
nikwg the avenues leading thereto more commodious \ and for build-
Vol. XXX, Y ;>;^

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32t Anno decimotcrtioGEORGii III. Clio — 114, [1775.

irjg a bridge over the river Exe, at or near Countefs Wear; and
for amending feveral other roads therein mentioned.

C A P, ex.

An a5l to enlarge the term and powers of an aB^ pctjfed in iheftxth
year ofhisprefent Majejifs reign^ intituled^ An a6t for repairing
and widening the road from the prefent turnpike road Tit Ha-
verhill to Redcrofs^ in the pari(h of Shelf ord^ in the county of
Cambridge.

CAP. CXI.

An aBfor building a bridge over the river Towey, near Llandovery,
in the county ^/Carmarthen; and for making the fords near th^
faid town fafe and commodious.

CAP. CXII.

An aB for more effe dually amending feveral roads leading from and
near the borough of Truro, in the county of Cornwall, end for
building a bridge over the river ^ at a place called The Steppings,
in or near th^faid borough.

CAP. CXIII.

An act for building a bridge acrofs the river Severn, near Redftone,
in the county of Worcefter, and for making proper avenues an^
roads to and from the fame-, and for making Jatisfa^ion to the pro-
prietors of a ferry acrofs the faid river ^ at Redftone aforefaid,

CAP. CXIV.

An a5l for enlarging the term and powers of three aSlSypaJJed in thg
firfi^ ninths and twenty -fecond years of the reign of his late majefiy
King George the Second, for repairing and enlarging the road lead^
ing from the houfe called The Sign of the Bells, in the parijh of
Saint Margaret, in Rochefter, to Maidftone, and other roads
therein mentioned^ in the county ^/Kent.

End of the Sixth Seffm.

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THE

Utntts at i^ajcge,

^/^m decimo quarto Ge o rg i r III. Regis,

Being the SEVENTH Seffion of the
Thirteenth Parliament of Great Britain*

BY

PANBY PICKERING, of Gray's Inn, Efqj
Vol. XXX. Part II.

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A

T A B L E

O F T H E

STATUTES

PUBLICK and PRIVATE,

Pafled Anno decimo quarto

GeoRGII IIL Regis.

PUBLICK ACrs.

Cap, I. TT^O R granting an aid to his Majefty by a land tax
A? to be raifed in Great Britain^ for the ferviceof the
year one thoufand feven hundred and feventy-four.

Cap. 2. For continuing and granting to his Maj^y certain
duties upon malt, mum, cyder, and perry, for the fervice of the
year one thoufand itwcn hundred and feventy-four.

Cap, 3. For puniihing mutiny and defertionj and for the
better payment of the army and their quarters.

Cap. 4. For the regulation of his Majefty's marine forces
while on fhore.

Cap. 5» To allow the exportation of corn, grain, and oth<5r
articles, to his Majefty's fugar colonies in Amerkf ; and to ex-
tend the provifions of an a6t made in the lad feffion of parlia-*
ment, (intituled. An G^t to regulate the importation and expor-^
tation of corn) ^ allowing the exportation of wheat, meal, flour^^
rye, barley, or malt, to the iflands of Guernfey and Jerfey^ to
bread, bifcuit, and peafe ; and to allow the exportation of all the
faid articles to the ifland of Jlderney.

Cap. 6. For further continuing two acSls, made in the fixtfi
and ninth years of his Majefty's reign, for punifhing mutiny
and defertion, and for the better payment of the army and their ^
quarters, in his Majefty's dominions in America.

Cap. 7. For better paving, cleanfing,, and lighting, the

Vol. XXX. a ftreets*

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A TABLE of the STAtUTES.

ftreetSj. lanes, and public paffages, mthc xoyfn gi Cardiff", and
liberties thereof, in the county of Glamorgan, and for removing
and preventing nuifances and annoyances therein.

Gap. 8. To explain and amend two ads, made in the tenth
and twelfth years of his prefent Majefty's reign, for .paving,
lighting, and watching, the town of Plymouth^ in the county of
Devon 'y and for regulating the carmen and porters within the
faid town.

Cap. g. To continue for a further time an a6l, made in the
eighth year of his prefent Majefty^s reign, intituled, Jn a^ to
continue and amend an o^^ made in the fifth year of the reign of his
prefent Majefy^ intituled. An a6i for importation of ■ faked beef,
pork^ bacon^ and butter, from Ireland, for a limited time, and for
allowing the importation of fait ed beef, pork, bacon, and butter^
from the Britifh dominions in America, for a limited time.

Cap. 10. For reducing the duty payable upon the exporta-
tion of Gum Senega, granted by an ad, made in the fifth year of
the reign of his prefent Majefty, (intituled. An a^for laying certain
duties upon Gum Senega and Gum Arabic, imported into or ex^
ported from Great Britain, and for confining the exportation ^Gum
Senega /r^z;; Africa to Great Britain only).

Cap. II. To allow the exportation of a limited quantity of
bifcuit and peafe to the ifland of Newfoundland, for the benefit
of the Britifh fishery there.

Cap. 12. For veiling a piece of wafte ground within, and
parcel of, the manor of Clapham, in the county of Surrey, in
truftees, and for enabling them to build a new parifh church
thereon.

Cap. 13. For enabling Sir John Ramfden, baronet, to make
and maintain a navigable canal, from the river C^W^r (between
a bridge called Cooper's Bridge and the mouth of the river Colne)
to The King's Mill, near the town of Huddersfield, in the weft
riding of the county of Tork.

Cap, 14. To repeal aclaufe in an ad, made in' the thirteenth
year of his prefent Majefty's reign, intituled, An a5l to explain,
amend, and reduce into o?u a^ of parliament, the general laws now
in being for regulating the turnpike roads in that part ^/^ Great Bri- ,
tain called England, and for other purp of es -, which regulates the
width of the wheels, and the length of carriages liable to be
weighed ; and for indemnifying perfons vvho have offended a-
gainft the faid claufe.

Cap. 15. For making perpetual twp a<5ls, pafTed in the tenth
and eleventh years of the reign of his prefent Majefly, for re-
gulating the trials of controverted ebSIions, or returns of members U
ferve in parliament ,

Cap. 16. For amending and rendering more efFe<5luaJ an a<5^,
made in the thirtieth year of the reign of his late majefty King
George the Second, (intituled. An a^ for draining andprefefving
" certain fen lands, low grounds, and commons, in the tovunfbips or
hamlets of March a?id Wimblington, and in the parifh ofVp'^d]^
in the Ifle of Ely, and county of Cambridge,) fo far as the feme

.relates

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A TABLE of the STATUTES.

tflVa^t^'"^'^^ ^^" ^^"'^s ^"'l low grounds lyinff in the
fixth di'ftna, in the faid ad defcribed. ^ ^ ^*

anaaof?h;fry''P''?''"r°'"'"''^°"^''' ^° P"f '■" execution
an act o^ this feffion of parliament, intituled, An a£i for era-itim

for .hefervue of the year one thoufand /even hundred and fevenl\
f^ur together with thofe named in two former ads fofappS-
ing commiffioners of the land tax. "ppoinr-

of fh? m-rV ^°' '^^^"y'"g f '^5 charge of the pay and cloathing
otthe miJma m that part o^ Great Britain called Endand foe
one year, begmnmg the twenty-hfth day of .^^../^ Sne thou
fand kven hundred and feventy-four. ' °""

Cap 19 To difcontinue, in fuch manner, and forfuch time
as are therein mentioned, the landing and difcharging lading or'
fhipping o goods, wares, and merchandife, at the town fnd

X:ir^'2:;i:!'^'"' '-''^ p-inceof^/.j.)^^

Cap. 20. For the relief of prifoners charged with felony or
other crimes, who (hzlT be acquitted or difcharged bv procla
mat.on, refpefting the payment of fees togaolerf, and Sa
recompence for fuch fees out of the county rates ^ ^

Cap 21. For more efFeaually carrying into execution certain
propofals, made by the moft noble Henry Duke of ZSJ.lh'
the moft noble Charles Duke of ^..,./..;, .Id dZ fnd
o hers, for redeemmg the annuities granted by the company of
the bank of Jy re, m that part of Great Britain called Scot/Ld
known under the hrm of D,,g!as, Heron, and Company '

Cap 22. To enabJe his Majefty to grant unto major general
Smon Frafer the lands and eftate of the Jate Simon LrdLovat
upon certain terms and conditions. ^"-Jai,

Cap. 23. For amending and rendering more effe^ual feveral
aas of parliament of the fixteenth and feventeenth, and twenty
fecond years of King Charles the Second, and of the eleventh v'ar
of his late Majefty, for draining and preferving certain lands
called Deepifig Fens, in the county of Lincoln.

Cap. 24. For paving, repairing, lighting, and watchin.^ the

flreets, and other public paffages and placS^ within that ^^r of

the panfh of C/.ri.«w.// called Saint James's, and removing ob,

ftruaions and annoyances therein; for widening the paiTage

. -from C/^r/f^«w^// Green to the parifh church ; and for watchinp-

-and lighting certain highways within the faid parilh.

Cap. 25. For the more effedual preventing fraud's, and em-
bezzlements, by perfons employed in the woollen manufaaorv
Cap, 26. To allow the exportation of a limited quantity of
wheat-meal or flour, oats, oatmeal, grotts, barley, neafe
beans, malt and bifcuit, to Hudfin's Bay, in North Amrica
tiMm th"erf "'' ^°^ Company, and their fervants

Cap. 27. For ^fixing and regulating a public market and
ftiambles for the fale of meat within the town and borough of
hwanjea-t in the county of Glamorgan,

«2 Cap, 28,. Google

A TABLE of the STATUTES.

Cap. 28. To continue an acH:, made in the twenty-fecond
year of the reign of his late majefty King George the Second, for
i,aying a duty of two pennies Scots^ or one-fixth part of a penny
Sterling, upon every Scots pint of ale and beer, which (hall be
brewed for fale, brought into, tapped, or fold, within the town
of Kinghorn^ and liberties thereof.

Cap. 29. For the better relief and employment of the poor
within the parifh of Saint Leonard, Shoreditch^ in the county of
Middle/ex, and for building a workhoufe, and for purchafing a
piece of land for a burial ground, for the ufe of the faid pari(h.
Cap. 30. For providing a workhoufe, and for better govern-
ing>. regulating, and rhaintaining the poor, withing the Old
Artillery Ground, in the liberty of the Tower of London \ and for
paving, cleanfing, lighting, and watching, the ftreets, lanes,
and other open paffages and places within the fame \ and for
preventing obftrudlions and annoyances therein.

Cap. 31. For repairing the highways and bridges in the
county of Fife.

Cap. 32. To enable the governor and company of the bahk
of Scotland to encreafe the capital ftock of the faid company.

Cap. 33. For dividing and inclofmg the open fields, mea-
dows, dinted common paflures, and other common and wafte
lands and grounds, in the parifh of Teineyy in the county of
Lincoln 'y and for draining and improving part of the faid parifh*
Cap. 34. For granting further time to the united company of
merchants of England, trading to the Eaji Indies, to expofe to
fale the iinglo and bohea teas remaining in their warehoufeS un-
Tjld, on the fifth day of April, one thoufand feven hundred and
feventy-four; and for allowing the drawbacks on the exportati-
on of fuch teas.

Cap. 35. To enable the commiffioners for executing the of-
fice of treafurer of his Majefty's exchequer, or the lord high
treafurer for the time being, to compound certain debts due to
his Majelly, and affecling the eftates heretofore oi Charles Ma^
fon, efquire, deceafed, in the counties of Montgomery and Salop ;
and^ upon payment of fuch compoiition, to difcharge and exo-
nerate the faid eftates therefrom.

Cap. 36. To explain and amend an acl, made in the thir-
teenth year of his prefcnt Majefty's reign, intituled, Jn q61 ta
i:^plain, amend, and reduce into one a^t of parliament, the general
laws now in beirigfor regulating the turnpike roads in that part of
Great Britaih called England, and for other purpofes-, (o far as
the fame relates to the continuing and granting an additional
term of five years to ac5ts made for amending turnpike roads.

Cap, 37. For allovving further time for inrolment of deeds
SlxmS wills made by papifts, and for relief of proteftant piw-
chafers.

Cap. 38. For paving, repairing, cleanfing, and lighting, the
ftreets and lanes in the city oi Hereford^ and fuburbs thereof,
and removing nuifances and annoyances therein, and for creat-
ing a fund tovards the expences thereof^ by inclofmg divers

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wafie grounds within the liberties of the faid city, and for the
better apphcation of charity-money for fetting the poor people
of the faid city to work, and to enable bodies corporate to alie-
nate their hgufes and lands within the faid city.

Cap. 39. For the impartial adminiftration of juftiqe in the
cafes of perfons qqeftioned for any ads done by them in the
execution of the law, or for the fuppreflion of riots and tumults,
in the province oi MaJJochufefs Bay^ in New England,

Cap. 40. For diverting out of the crown the plantation and
cftate of Ulyjfes Fitzmaurice efquire, deceafed, and for vefting
the fame in truftees, to be fold for payment of his debts, and
for other purpofes therein mentioned.

. ,C^P- 41- For further continuing fo much of two a6ls, made
in the fixth and thirteenth years of the reign of his prefent Ma-
jefty, as relates to the opening and eftablilhing certain free
ports in the ifland of Jamaica.

CaJ). 42. To prohibit the importation of h'ght filver coin, of
this realm, from foreign countries, into Great£ritainov Ireland^
and to reftrain the tender thereof beyond a certain fum.

Cap. 43. For rebuilding the offices of the fix clerks of the
King's court of chancery 9 and for ereding offices for the re-
gifter and accountant general of the faid court, for the better
prcferving the records, decrees, orders, and books of account,
kept in fuch offices.

Cap. 44. To amend an a6V, made in the twenty- fecond year
of the reign of his late majefty King George the Second, inti-
tuled. An a5i for the more effeaual preventing of frauds andahufes
iommltted by perfons employed in the manufacture of hatSy and the
woollen^ linen, fufiian^ cotton^ iron, leather, fur, hentjp, fla^^
mohair, and ftlk manuf azures ; and for preventing unlawful cgmbi-
nations of journeymen dyers and journeymen hot prejfers, and of all per -^
fons employed in the Jaid fever al manufaSlures y and for the better
payment of their wages.

Cap. 45. For the better regulating the 2;overnment of the
province of MaffachufeCs Bay, in Neiu Englmd.

Cap. 46. To enable the commiffioners for executing the of-
fice of treafurer of his Majefty's exchequer, or the lord high
treafurer for the time being, to pay out of the revenue of the
crown, certain rewards for apprehending highwaymen, and
other offenders in the county palatine o( Durham,

Cap. 47. Toindemnify fuch perfons as have omitted to qua-
lify themfelves for offices and employments ; and to indemni-
fy juftices of the peace, or others, who have omitted to regifter
or deliver in their qualifications within the time limited by law,
and for giving further time for thofe purpofes ; and to indemni-
fy members and officers, in cities, corporations, and borough
towns, whofe admiffions have been omitted to be ftamped ac-
cording to law, or, having been ftainped, have been loft or
millaid ; and for allowing th^m time to provide admiffions duly
ftamped 5 and to give further time to fuch perfons as have omit-

a 3 ted

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fed to make and file affidavits of the execution of indentures of
clerks to attornies and folicitors.

Cap. 48. For regulating infurances upon lives, and far pro-
hibiting all fuch insurances, except in cafes where the performs
infuring fhall have an intereft in the life or death of the perfons
infured.

Cap. 49. For regulating madhoufes.

Cap. 50. To enable certain perfons, during the minority of
Sir John Saint Auhyn baronet, to renew , and grant leafes of
lands, and .to fell other lands, all at Plymouth Pfock^ in the
county of Devon, for the ufe of his Majefty, his heirs and fuQ-
ceffors.

Cap. 5J. To confirm certain Tales and purchafes of eftates,
made by the governors of the free grammar fchool of King
Edward the Sixth, in Macclesfieldy in the county of Chejler^ tp
enable them to make other fales, purchafes, and exchanges 5
and to improve and extend the benefits of the foundation of the
faid fchool. m

Cap. .52. To enable the inhabitants of Grofvemr Square^ m
the countv of MiddUfex, to pave, cleanfe, light, water, and
embellifh the faid fquare ; and for other purpofes therein men-
tioned. . .

Cap. 53. For making a navigable cut or canal, from the port
or harbour of Eude^ in the hundred of Stratton^ in the county
of Cornwall, to the river Jmcr, in the parilh of CaljhkeyX^
the faid couniy. . . r rr

Cap. 54. For the better providing fuitable quarters for officers;
and foldiers in his Majefty's fervice in Islorth America.

Cap. 55. For making comn^odious ways and paffages with-
in the pariih of Saint Stephen, in the city of Brijlol-, and for en- '
larging the burying ground belonging to the faid parifh.

Cap. 56. For making and eftabliftiing public quays or wharfs
at Kin^fton upon UulU for the better fecuring his Majefty's re-
venues of cuftoms, and for the benefit of commerce m the port
of Kingjlon upon Hull ; for making a bafon or dock, with refer-
\oirs, lluices, roads, and other works, for the accommodation
of vefiels ufing the faid port; and for appropriating certain
lands belonging to his Majefiy, and for applymg certain fums
of money out of his Majefty's cuftoms at the faid port for
thofe purpofes ; and for eftabliming other neceffary regulations
within the town and port of Kingfton upon Hull ^

Cap. 57. To repeal fo much of an act, made in the laft fef-
fion of parliament, for reducing into one ad the general layvs
relating to turnpike roads, as exempts perfons f^-om the pay-
IDent of tolls at fide gates ere<5ted at places fpecified in any a^
of parliament. , ^ ^ r ,

Cap. 58. For repealing an aa, made in the firft year of the
reign of King Henry xht dhh -, and fo much of feveral ads of
the eighth, tenth, and twenty-third years of King Henry th^
Sixth* is relates to th^ refidence of perions tq, be ekaed mem-

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fccrs to ferve in parjiament, or of the perfoiis by \A^hom they are
to be chofen.

Cap, 59, For prefervifig the health of prifoaers ij3 gaoJ, and
preventing the gaol diftemper.

Cap, 60. For indemnifying the innkeepers. and victuallers
within thdS hundred pf GodUy, in the county of Surrey^ againft
the penalties to which they are or may be liable, for felling ale,
beer, Nyine,, or fpirituous liquors, without proper licences, up-,
on certain conditions.

Cap. 6r. To explain and amend two feveral adls of parlia-
ment, for ereding hofpitals and workhoufes within the city
and county of the city of Exon^ for the better employing and
iDaintaining the poor there ; and to raife further fums of money
for the more effedually carrying the purpofes of the faid a^s
into execution.

Cap. 62. For better governing and employing the poor, and
making and colleding the poor's rates, within the pariihesxjf
Saint Giles in the Fields^ and Saint George Bloomjiury^ in the
rcounty of Middle/ex. -

Cap. 63. For building a bridge crofs the rrver Air^ at CarU
tony in the weft riding of the county of Tork.

Cap. 64. To explain fo much of an ad, made in the laft
feffion of parliament, (intituled, Jn a5i to regulate the importa-
tion and exportation of corn) ^ as relates to the method of afcer«
taining the prices of corn and grain exported.

Cap. 65. To alter and amend an adl, paffed in the twenty-
fifth year of the reign of his late majefty King George the Se-
.pond, (intituled, An a6t for annexing certain forfeited eflates in
Scotland to the crown unqlienahly ; and for making fatisfa^ion to
ithe lawful credit on thereupon -y and to ejlablijh a method of manage
ing the fame y and applying the rents and profits thereof for the better
civilizing and improving the highlands of Scotland, an^ prev-enting
diforders there for the future) ; {q far as the fame relates to the
granting leafes of the faid eftates.

Cap. 66. For the repeal of all former ads concerning the
longitude at fea, except fo much thereof as relates to the ap-
pointment and authority of the cpmmiffioners thereby conftitut-
ted, and alfo fuch claufes as relate to the conftruding, print-
ing, publishing, vending, andlrcenfmg, of nautical almanacks,
and other ufeful tables ; and for the more efFedual encourage^
ment and reward of fuch perfon and perfons as fhall difcover a
piethod for finding the fame, or ihall make ufeful difcoveries
in navigation ; and for the better making experiments relating
thereto.

Cap, 67. To continue the feveral laws therein mentioned,
for granting liberty to carry rice from his Majefty's provinces
of Qarolina and Georgia^ in America^ dire^ly to any part of
Europe^ fouthward of Cape Finnifierre\ for granting the like
liberty to export rice from South Carolina and Georgia diredly,
to any part of America^ to the fouthward of the faid province^ ;
for grax^ting the like liberty in the exportation of rice from Eafi
'- a ^ and

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and JVeJl Florida^ and from any part of America^ fouthward of
South Carolina aad Georgia,

Cap. 68* To prevent frauds in the buying and felling of
hops.

Cap. 69* For raifing a certain fum of money by loans or ex-
chequer billsj for the fervice of the year one thoufand feven
hundred and feventy-four.

Cap, 70. For a applying a certain fum of money, for calling
in, and recoining, the deficient gold coin of this realm ; and for
regulating the manner of receiving the fame at the bank oi Eng"
,lcind; and of taking, there, an account of the deficiency of the
faid coin, and making fatisfadion for the fame ; and fbr autho-
rifing all perfons to cut and deface all gold coin, that (hall not
be allowed to be current by his Majefty proclamation.

Cap. 71. To prevent the exportation to foreign parts of
utenfils made ufe of in the cotton, linen, woollen, and filk ma-
nufadures of this kingdom.

' Cap. 72. For afcertaining the duty on printed, painted, ftain-
cd, or dyed fluffs, wholly made of cotton, and manufadured
in Great Britain^ and for allowing the ufe and wear thereof,
vnder certain regulations.

Cap. 73, To extend fo much of an a6t, paffed in the tv^elfth
year of the reign of his prefent Majefty, as relates to dlftillers or
makers of low wines and fpirits from corn, to every kind of
^iftiller ; and for the more eifedlual fecuring the revenue of ex-
cife arifing from low wines and fpirits ; and for afcertaining the
allowance to be made to the manufadurers of wool and linen,
in refpedl of the duties on foap imported and ufed in the woollen
and linen manufadures.

Cap. 74. For reducing the rates and duties payable upon the
importation of great raifins.

Cap. 75. For enlarging the prefent, or providing a new
workhoufe, for the ufe of the parifh of Saint Saviour Southwark^
and for regulating the poor in fuch workhoufe 5 for widening
King Street^ at the entrance into the High Street^ Souihivark^ for
making a carriage way from the iaid High Street,, through the
Greyhound Inn,, into ^een Street,, and for improving the paiTage
from thence into Gravel Lane^ leading towards the Black Friars
Bridge road, in the parifh of Chrijl Church.

Cap. 76. For redeeming the fum of one million of the capi-
tal flocks of three pounds per centum annuities, in the manner,
and on the terms, therein mentioned ^ and for eftablilhing a
lottery.

Cap. 77. For the ^lief of infolvent debtors.; and for the re-
lief of bankrupts in certain cafes.

Cap. 78. For the further and better regulation of buildings,
and party-walls; and for the more eifeftually preventing rnif«
chiefs by fire within the cities of London and Wejlminjier^ and
the liberties thereof, and other the pari(hes, precin6ls, and
places, within the weekly bills of mortality, the parifhes of
Saint Mary-le-bon^ Po/^dingtony Saint Pancras^ and Sair^t Luke

at

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at Chelfea, in the county of Middlefex ; and for indemnifying,
under certain conditions, builders 'and other perfons againlt the
penahies to which they are or may be liable for ereding build-
ings within the limits aforefaid contrary to law.

Cap. 79. For explaining an ad,' made in the twelfth year
of the reign of Queen Jnne, intituled, Jn a5l to reduce the rate
ofintereji, without any prejudice io parliamentary fecunties. ^

Cap. 80. To continue the feveral laws therem mentioned,
for the better encouragement of the making of fale cloth ia
Great Britain.', and for fecuring the duties upon foreign-made
' fail doth, and charging foreign-made fails with a duty.

Cap.Si. For altering and amending an aft, made in the
fixteenth year of his late MajeRy's reign, intituled, An a^ to
explain mid amend the laws touching the eUmon of members to ferve
for the commoJts in parliament for that part of Great Bntam called
Scotland ; and to refrain the partiality, and regulate the conduct j
of returning officers at fuch eUmons^ by altering the time of no-
tice, ordered by the faid ad to be given, in the fervice of com-
plaints to the court of fefTion, of wrongs done in eleaions, and
by regulating the manner, and fettling the place, of eleaioii
of a burgefs to ferve in parliament for a diftri6l of boroughs la
Scotland, when the ele^ion of the magiftrates and council of a
borough, which ought in courfe to be the prefiding borough at
an eledion, happens to be reduced, and made void, by a de-
cree of the court of feflion, and not revived by the crown, wbea
fuch election is made. j • k

Cap. 82. For explaining apd altering an ad, made m the
thirteenth year of his prefent Majefty's reign, intituled. An c6t
to explain and amend, and reduce into one a^ of parliament^ the
general laws now in being for regulating of turnpike roads in that
part of Great Britain called England, and for other purpofes \ io
far as the fame relates to the payment of additional tolls at
weighing engines, and the number of horfes to be iifed in car-
riages drawn on turnpike roads; and for allowing certaio ex-
emptions with refpedt to weight and payment of toll ia parti-
cular cafes.

Cap, 83. For making more effeaual provifion for the govern-
ment of the province of ^ehec, in North America.

Cap. 84. To prevent certain inconveniences that may happen
by bills of naturalization.

Cap. 85. For granting to his Majefty a certain fum of mo-
ney out of the finking fund ; and for applying certain monies
therein mentioned tor the fervice of the year one thoufand fe-
ven hundred and feventy-four ; and for further appropriating
the fupplies granied in this feflion of parliament, for carrying
to the aggregate fund a fum of money which hath arifen by the
two fevenths excife; and for enabling the barons of the exche-
quer in Scotland, to make out a certificate for the payment of the
fum of five hundred pounds to lady Anne Mackenzie^ out of
<^he balance remaining of the fum of feventy-two thoufand

pounds,

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STiLr"^^"^ ^""^ ^'^'""^ ^^"^ creditor/ of the forfeited cilates

;^^f^\S^' J"" F''''^^^^^^^ mentioned, relate

ing to the allowing^ a drawback of the duties upon the exporta.
tion of copper bars imported ; to the clandeftine running of un-
cuftomed goods, and preventing frauds relating to thecuftoms;
to the encouragement ofthefilk manqfaaures, and for taking
off feveral duties on merchandife exported, and reducing other
^a^ies; to prevent the clandeftiqe running of goods/ and the
danger of infedion thereby; -to the premium! upon mafts,
j;ards, and bowfpnts, tar, pitch, and turpentine ; to the en!
COAiragmg the growth of coifee in his Majefty's plantations in
^/;/m^^; to the free importation of cochineal and indico: tp
Jhe prohibiting the importation of books reprinted abroad, and
^rft compofed, written, and printed in Gr^^^ 5W/^;«. to the
bounty on the exportation of 5/7V(/5-made cordage ; to the free
wportation of certain raw hides and fkijis from Ir^/a^d, and th^
i^r////^ plantations in^/^^r/Vj; to the regulating the fees of offi. '
prs of the cuftoms, and naval officers in Jmerica, to the prevent-
ing the fpreadjng of the contagious difprder among the horned
xattlein Gteai BrUatn; and to extend the provifiqns of an a(ft
pf the twelfth year of the reign of King George the Firft, for the
iniprovement of his Majefty's revenues of cuftoms, excife, ahd
inland duties, fo far as relates to the commencing profecution^
tor penalties againft the revenue of cqftoms to fubfequent a^s.

Cap. 87. To prevent the mifchiefs that arife from driving
cattle within the cities o( London and Wiftminjier, and liberties
thereof, and the bills of mortality,

Cap. 88 To eftablin^ a. fund towards further defraying the
charges of the adminiftration of juftice, and fupport of the civil
government within the province oi ^ehec, in Ainer'ua.

Cap. 89. To enable his Majefty to allow the admjniftrator with
the will annexed, or other the perfonal reprefentative, of Sir
Jojeph Jekyll knight, deceafed, to fell ten thoufand pounds fouth
fea flock, part of a legacy given by him to the ufe of the iink^
mg fund, and to receive the dividends due thereon, as alfo on
ten thoufand pounds E<jji Indk flock ^ and for applying the
fame as therein is mentioned.

Gap. 90. For the better regulation of the nightly watch and
beadles within the city and liberty oi W^flminjler^ and parts ad-
jacent; and for other purpofes therein mentioned.

^ Cap. 91. More cfFe(5lually to iipprove and complete the na-
vigation of the river Thames^ weft ward of London Bridge^ within,
the liberties of the city of London^ and to prevent any veflel or
barge from being moored in ^aplow Mill-ftream, in the county
of Buds. ^

Cap. 92. For regulating and afcertaining the weights to be
made ufe of in weighing the gold and filver coin of this king-
dom. ^ _ ^
. Cap. 93. For rebuilding the church of the parifli of Lewifhrn.
in the county of Kent.

Cap. gij,.

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Cap, 94, For eft^Wifbing a new church or chapel eredlng
gt Tpxteth Parky in the parifli of Walton^ near LiverpOQ^ i^
the county pala,t;ne of Lancajier,

Cap. 95. For rebuiJdiog the parifli chuich of Batterfea^ in
tlie county of Surrey y and for enlarging th^e churcli-y^rd of ttie
fa Id pa;-i[h church.

Qap. 96. To amend an adl, paffed in the tenth and eleventh
years of the reign of King William the Third, intituled. An a^
for the making a?td keeping navigable the rivers of Aire and Cal-
der, in the county of York; and for im proving the navigation of
the faid river Aire^ from Weeland to the river Ou%e\ and for
making a navigable canal from the faid river Aire^ at or near
Haddlefey^ to the river Ouxe^ at tlie Old Brick Gartb^ at Ou%e
Qate End, within the townihip oi Seldby^ in the faid county j
and for other purpofes.

Cap, 97. To continue, amend, and render more effedual an
^6ky made in the fixth year of the reign pf his prefent Majefty,
for repairing the road from the turnpike at Tunbridge Wells^ in
the county of Kent, to Ringles Crofs, near U.ckfield, in the county
pf Suflex.

Cap. 98. To enlarge the term and ppwers of an a6):, made
in the thirtyrfecond year of his late Majefty, for repairing and
widening the high road from Whetherhy to Graffm^ton^ in the
county of York,

Cap. 99. Fgr enlarging the term and powers of an act, madie
in the twenty-cghth year of his late Majefty, for repairing and
%videning the roads from the town pf Manchefter to the town af
Rochdale, and from a place called. The White Smithy, in the
townjhip iT/'Crumpfal, to the town ij/'Bury, and from a place cal--
led Beffes of the Barn to RatclifFe^s Bridge, in the county palatine
^/Lancafter; and forimpoyvering the truftees upder the faid ai^t
to repair a lane called Sheepfoot J^ane, in the fgid county.

Cap. 100.. For enlarging the term and powers of an a6t, paf-
fed in the twenty-fixth year of the reign of his late majefty King
George the Second, for repairing and widening the roads from
HenJhalTs Smithy^ upon Cranage Green, through the town of
Nether Knutsford, and by the fouth guide poft in Mere, and
^uckloiv Hill, tq the town of Altrincham \n the county palatine
of Chejler ; and from the faid guide poft to Warrington, in the
$:Quniy oi Lancafer-, and from Bucklow Hill afordzid, to Pen-
nys Lane^ near Norihwich, in the faid county (?/'Chefter.

Cap, lOi, For repairing and widening feveral roads near the
towns of Hockerton, KirkUngton, Southwell, Hormanton^ and
l^inkbourne, in the county pf Nottingham,

Cap. 102.. To enlarge the terms and powers of two acEls, made
in the twenty-ftxth and twenty-feventh years of the reign of his
late majefty King George the Second, for repairing feveral roads
Jeadipg into the city of Glafgow, fo far as the fame relate to the
road leading from the faid city of Glafgow, through Cawcaddens^
to that part pf th^ water of Kelvine, called Th Milnford of
^arfcub^.

Cap, I03*

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_ Cap 103 For explaining and amending an ad, made in the
thirty.fecond year of his late Majel^y, for improving the naXt
tioncfihenverC\yd^, to the city of Gh{gov^ -, and for building a
bridge crofs the faid river, from the fcAd city to the village of Gor^
beJls ; and part of another ad, made in the eighth year of his
prelent Majefty, for explaining and amending the faid ac5i -
and tor repairing, widening, and enlarging, the old bridge acrofs
GorbeT^ ' ^'°°^ ^^^ ^'^^ ^^' G/^>w^ to the village of

^ Cap. 104. To enlarge the term and powers of an aa, made
in the twenty-eighth year of the reign of King George the
becond, for repairmg and widening the road from Bafw^ftoh.
through mrtjn, Overton, Whitchurch, Hujhand Priors, Andover,
and Middle Wallop, in the county of Southampton, to a place
^f 5!.;^'t^T^ ^''''^^ in the parifli of ^;^;7/^r/7w, in the county

%; , ; ^o^^»ncJ"^i«g the road from Spittle Houfe, over Weyhili
to Mullens Pond, as direded by an acSt, made in the twenty-
ninth year of his faid Majefty ; and for amending the roads from
Jndover, through Charlton, towards Tangley, and from Charlton
to Llanfeld Bottom^ and from Weyhili to Sarfpn Street, and alfo
the road through the faid town of Bafingjloke.

Cap. 105. To continue the terms of two ads, made in the
twenty-fixth and twenty- feventh years of the reign of his late
majefty King George the Second, for repairing feveral roads-
leading into the city of Glafgow, fo far as the fame relate to the
roads from the city of Glafgow, to Tocher Bridge, to Renfrew
Bridge, to the Three Mile Houfe, to the town of Airdrie, and
from the village oi G orb ells to The Chapel of Camhuflang, in the
counties of Lanerk and Renfrew.

Cap. 106. For recovering, improving, and maintaining, the
navigation of the haven of Hedon, in Holderneje, in the eaft
ridmg of the county of York.

Cap. 107. For draining and preferving the low grounds and
carrs, withm the pari(hes, townOiips, and places of Winefiead,
Patirington, South Frodingham, Hollym, Rimfwell, Owthorne other-
wife Seat home, Withernfea, Ingland Hill, and Walker Fields, in
Holderneffe, in the eaft riding of the county of York.

Cap. 108. For the better governing and employing the poor,
and making and colkaing the poor's rates, within the parifhes of
Saint Giles in the Fields, and Saint George Bloomjhury, in the
county of Middlefex.

Cap. 109. To enlarge the term of an a^:, made in the'
feventh year of the reign of his prefent Majefty, for repairing
and widening feveral roads, leading from the town of Ayr, and
other roads therein mentioned, in the county of 4;r; and for
repairing and widening certain other roads within the fai4
county of Ayr.

Cap. no. To enlarge the term and powers of an ad, pafled
in the thirty-third year of the reign of his late majefty King
George the Second, for repairing and widening the high roads from
Hmckley to Woeful Bridge i and alfo from Hoo-afti Lane^

ihrougl^

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through OldLane^ and from Swannington /^ \^^cPTTinZ^
from thence to Melbourne Common ; and from Ibftock to Mea.
fliam, in the counties of Leicefter and Derby ; and for repainng
;.nd widening the road from Phinefs Houfe, in the liberty of
O/iapri, to Cheftre's Houfe, in the liberty ^ of Carlton, and alfa
the road from the turnpike road at Swannington, ^long Burton s
Lane, to the Coal Fields ; and alfo the road from the toll-gate in
Old Lane to the Leicepr zudA/hby'de4a^zouch turnpike roads.

Cap. III. To enlarge the term and powers of fo much ot an
aa of parliament, made and pafTed in the twenty-nmth year ot
the reim of his late majelly King George the Second, for repair-
ing and widening feveral roads therem mentioned, trom the
town of Tewke/huryy in the county of Gloucejler, as relates to the
fecond diftria of roads therein mentioned; and to amend tjie
road from Elftone church to the turnpike road from 6/r^«^^/^r
to Gloucefer' nt^v a place called Comb End Beeches, m the faid

county of Gloucefter. t j- xv ^

Cap. 112. For continuing, altering, and amending an a6t,
mad/and paffed in the twenty-fixth year of his late majefty
King George the Second, intituled. An aSlfor repairing and widen-
ing feveral roads leading from the town ^/Bewdly, tn the county of
Worcefter, to the fevsral places therein tnentioned, tn the counties oj
Worcefter and Salop refpeSlively.

Cap. 113. For enlarging the term and powers of an ait,,
made in the twenty-feventh year of King George the Second, for
repairing and widening the road from the borough of Leicefer
to and by the north fide of the town of Uppingham, m the county
of Rutland, and to Wansford, in the county of Northaniptoni
and from thence to Peterborough, in the faid county ot JSlorth-
ampton ; and for repairing the road from the termination of the
faid Toad at Peterborough to the market place there.

Cap. 114. For enlarging the term and powers of fo much of
an aa, made in the fourth year of the reign of his prefent Ma-
tefty, as relates to the road from the town of Rotherham, in the
county of Tork, to the turnpike road at the eaft end of Tanhrfey
Pqrk, in the faid county.

Cap. 115- To enlarge the term and powers of an adt, made
in the twenty-fecond year of his late majefty King George the
Second, for repairing the road from North Shields in the county
of Northumberland, to the town of Newcafle upon Tyne.

Cap. 116. For impowering the truftees for repairing the road
from theftone's end in Saint Leonard Shoreditch, to the further^
moft part of the northern road, in the pari(h of Enfeld, in the
county of Middlefex, to caufe part of the faid road to be lighted,
watched, and watered ; and for lighting, watchmg, and water*
ing the pariQi oi Saint Mary Stoke Newington, in the faid

Cap* 117- To enlarge the term and powers of an aa, pafled
in the ninth year of his prefent Majefty, for repairing and widen-
ing the road from Beverley to the ferry at Hefsle, and from the
Mdlton guidepoft to the gravel pit at Cottingham, in the county

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t^o^X^ ^' ''^"''^"^ """^ ""^^'^^"S other roads therein
Cap ii8. For continuing the term and enlarging the powers
ranted by an ad paffed in the twen^y-ei.hth Vr of hXe
Majefty s re.gn, for repatrtng the road from the north end of
?/.. a' J-'"k' /' ^'''i Stoughton, in the county ./Huntingdon,
through Kimbo ton W Higham Ferrers, /. thl way -p off near

S w?''^^^ '""l^'^'^^'y ^f^ortk^u^pj/aidfrorn

the pound in Kimbolton to the way^pofi in Great Catworth Field
near Bnngton Bridge, in the f aid county ./Huntingdon : and for
repealing fo much of an a^ of the tenth year of his prefent Ma-
jefty s reign as relates to the road between the north end of
Brown s Lane and tlie fouth end thereof.

PRIVATE J CrS.
I. X N aa for dividing and inclofing the open fields, common
J. IL paftures, and other uninclofed grounds, within the
manor and toWnftiip of Szvinton, in the parifh of Jppleton in Ihe
Street, m the north riding of the county of Torjt ^

2. An aa for dividing and inclofing the open and common-
able fields, within the parifii of Duddingion, In the county of
Northa?jipton. ^

3. An aa for dividing and inclofing the common and open
fields, waftes, and common grounds, within the townftip and
liberty of Ibjfock, in the county of Leicejer,

4. An aa for dividing and inclofing the common meadows
commons, and wafte lands, within the manor and parifli of
bevern Stoke, in the county of Worcejier.

5. An aa for dividing and inclofing the open and common
fields and downs, within the parifii oiAbbofs Ann, in the county
or Southampton, ^

6. An aa for dividing and inclofing feveral common fields
grounds, and paftures, within the parifii oi Owmby, in the couh'
xyoi Lincoln,

7. An ac^ for dividing and inclofing the open field, land, or
ftinted pafture, common, and wafl:e grounds, within the manor
of Buiterton, in the parifh oi Mayfield, in the county of Stafford

8. An aa for dividing and inclofing the open and common
fields, lot grounds, and commonable lands, within the pari/h of
Staunton, in the county of Gloucejier.

9. An aa for dividing and inclofing certain open arable fields
meadows, and ftinted common paftures^ in the parifh of TVeh
Retford, in the county of Nottingham.

10. An aa to enable Thomas Purnell Jones efquire, and his
ifi'ue, to take and ufe the furname and arms oi Piirnell.

IX. An aa for naturalizing 5^^^(?/ Rapillard 2.\\di Abraham
Delapierre,

12. An aa for naturalizing Loms de Saumaize,

13. An aa for naturalizing Peter Van Tzendoorn.

14. An aa for naturalizing Theodere George Gleichman.

15. kn

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A TABLE of the STATUTES.

15. An zA for nzturzlltihg George Chri/Iopher Degeft,
. 10. An adt to enable truftees, with the confent of the perfons
claiming under the will of Mary Pryce fpinfter, deceafed, to ccJt
down and fell the timber upon the fettled eftates of the faid,
Jklary Pryce^ in the county of Merioneth -, and to invefi: the
monies arifing therefrom in the purchafe of lands and heredita-
ments, to be fettled to the ufes of the faid will j and for other
purpofes.

« 17. An a6l for vefting certain eftates in the county oi Devon y
late oi Thomas Benfon efquire, deceafed, in truftees, to be fold,
to raife money, to be applied under the diredion of the court of
exchequer, in payment of certain legacies afFeding the fame
eftates,

18. An ad for vefting the eftate late of William Waits efquire,
called South Hill^ or Fiber's Lodge^ in the county of Berks^ in
truftees, to fell the fame; and to lay out the money arifing by
fuch fale in the purchafe of another eftate, to be fettled to the
lifes of his will.

19. An a(5t for dividing and inclofing the common fields,
half-year lands, common paftures, common meadows, lammas
meadows, commons, commonable lands, heaths, and wafte
grounds, within the parifti of Tottington. in the countv of
Norfolk, ^

20. An ad for dividing, allotting, and inclofing the open and
common fields, crofts, brecks, and other half-year clofes, in the
parifties of Beetley^ Great Bittering^ and GreJfenhalU in the county
ci Norfolk, within the liberty o{ Sheepwalk^ called Beeiley Sheep-
walk y and for dividing, allotting, and inclofing, certain com-
mons and wafte lands, within the faid parifli of Beetley.

21. An aa for enabling the right honourable John earl Spencer
to inclofe the feveral open and common fields in the parirti of
Dunton^ in the county of Bucks y and for vefting certain glebe
]ands, and the tithes belonging to the rectory of Dunton afore-
faid, in the faid John earl Spencer -y and for making a compenfa-^
tion to the redor of the faid parifh in Heu thereof.

22. An a6l for. dividing and inclofing the open fields, mea-
dow, pafture, and all other commonable grounds, within the
manor of Ratcliffe upon Wreak^ in the county of Leicefler.

23. An aa for dividing and inclofing certain open common,
fields, pafturesj and wafte grounds, called Cropredy Field and M
Meady within the parilli of Cropredy^ in the county oi Oxford.

24. An a6l for dividing and inclofing certain open and com*
mon fields, common meadows, commori ^rounds^, and com-
monable places, in the parifti of Waddefdon^ in the county of
Buch.

25. An a<a for dividing, allotting,^ and indofing, the open
fields, waftes, and commonable places, of Hucklefcote and Don^
nington oh the Hmh, in the parifli' of Ibfiock^ in the county of
Leicefier.

26. An a6t for dividing arid inclofing the ton>nlons and wafte
groiunds, i^^ithia-the manor or lordftiip of Qfwctldtwipj in the

' parilh

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pari(h oi JVhalley^ in th€ county palatine of Lancafer.

27. An a<5l for dividing and inclofing all the' open fields^
meadows, paftures, and commonable grounds, within the town-
(hip or liberty of Sutton Saint Ann's^ otherwife Suttdn Bonning^
ion, commonly called Saint Jnn's End^ in the county of Not--
tingham.

28. An zdi for dividing and inclofing feveral pieces and par*
ccis of land, called Bijhop's Itchingten Heathy Chrijimas Hill, PaU
tner's Futze^ Tin Olty and commonable places, within the parilh
of Bijhop's Itchingtony in the county of Warwick.

29. An adl for dividing and inclofmg certain open common
fields, meadows, ings, and other commonable lands and wafte
grounds, within the parifli of fFeJl Keal^ in the county of
Lincoln.

30. An a6l for dividing and inclofing the common pafture or
wafte ground, called Cottmore, and fuch part of the common
pafture or wafte ground, called Radley, as lies within the diftrids
of Southwell and Wejihorpe^ in the parifti of Southwell, in the
county of Nottingham,

31. An a6l for dividing and inclofing certain common fields,
common meadows, paftures, and other commonable lands^
within the parifti of Old Stratford y otherwife Stratford upon Avon^
in the county of JVarwkk.

32. An adt for dividing and inclofing certain commons and
wafte grounds, called Newthorpe Great Common and Begerley
Common, in the parifh o( Greajley, in the county oi Nottingham.

33. An a(5l for dividing and inclofing the open and common
fields, common paftures, common meadows, and other com-
monable lands, of and within the parilh and liberties oi Staver^
ton, in the county of Northampton.

34. An a6t for dividing and inclofing the open and common
fields, and other commOnaWe lands, in the parifli of Halford^
and county of Warwick.

35. An a(5l for dividing and inclofing the common and open
fields, meadows, paftures, heath, and wafte grounds, within the
manor and pari(h of Wilsford, otherwife Wilesfordy in the county
of Lim-oln,

36. An a(5l to diflblve the marriage oi Richard Heathy, with
Arabella Dawfon, his now wife ; and to enable him to marry
again ; and for other purpofes therein mentioned.

37. An adl to cnMc Thomas Afsheton efqmrc, znd his fons,
and the heirs male of their bodies, to take and ufe the furname
of Smith, purfuant to the will of William Smith efquire, deceafed,

38. An a6t to enable the honourable Henrietta Charlotte Keck
fpinfter, and her iflue, to take, ufe, and bear, the futname and
arms of Tr^ry, ptarfuant to the will of Robert Tracy efquire,
deceafed.

39. An a6t for naturalizing Nicholas Joachim Haejeler and
J^thn Erich,

40. An a6l for naturaliiiing Jaeob Julien Baumgartner. .

41. An ait for confirming an agreement between William earl

of

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of Radnor and the prefident and fellows of ^een's College ^ Cam^
bridge^ for an exchange of the advowfon of Seagrave^ in the
county of Lekejier^ for the advowfon of Great Chiverel^ in the
county of PFilts, ' .

42. An a6t for vefting in John earl of Breadalhane^ and his
heirs, in fee-fimple, certain lands, part of his entailed eftate, in
the county of Argyll \ and for fettling, in heu thereof, other
lands lying contiguous to, and interfperfed with, the faid en-
tailed eftate.

43. An a6l for enabling the dean and chapter oi Canterbury^
Henry Penion efquire, and Thomas Brandon^ to grant building
leafes, purfuant to two feveral agreements entered into for that
purpofe.

44. An ad to fubje6l and charge the re£lory and parfonage
impropriate oi Sunning otherwife Sonynge^ in the counties of Berks
and Oxon, and the manor, lands, tithes, and hereditaments,
thereunto belonging, with the payment of three feveral perpe-
tual yearly rent charges, or annual payments, to dp6tor Thomas
Greene and his fucceflbrs, deans of Sarum 5 and for diverting the
fee-fimple and inheritance of the faid premifes out of him and
his fucceflbrs; and for vefting the fame, fo charged, in Robert
Palmer efquire, his heirs and afligns.

45. An a6t for vefting part of the freehold and leafehold
eftates, devifed by the will of John Mitford efquire, deceafed, in
truftees, to fell the fame, for difcharging incumbrances, and for
laying out the refidue of the money arifmg by fale in the pur-
;Chafe of other lands and hereditaments, to be fettled in lieu
thereof, to the like ufes.

46. An a6t for vefting part of the fettled eftates of JVilltam
Fojier^ and Levina Davey Fojler^ his wife, in Holdhigham and
]<^ew Sleaford^ in the county of Uncohy in the faid William
Fojier^ in fee-fimple; and for fettling other eftates of the faid
William Fojier^ in Alderchurch^ otherwife Algarkirke^ in the faid
$:ounty, of greater value, in lieu thereof.

47. An a6l for dividing, allotting, and incloftng, the common
fields, common meadows, and wafte and commonable lands,
within the parilh of Upton Snodjhury^ in the county of Worcejler.

48. An ad for dividing and incloftng feveral open fields, mea-
dows, paftures, and commons, within the parifti of Spridlingtony
in the county of Lincoln.

49. An ad for dividing and incloftng certain open fields and
meadows, ftinted common paftures, and free commons, in the
parifti of Heapham^ in the county of Lincoln.

50. An ad for dividing and inclofing the open fields, mea-
dows, common paftures, and wafte grounds, in the manor and
parifli of Ludborough^ in the county of Lincoln,

51. An ad for dividing and incloftng the open and common
fields meadows, paftures, fens, heath, and wafte lands, within
the parifti of Potterhanzvorthy in the county of Lincoln,

. 52. An ad for dividing and incloftng feveral fields, commons,
and wafte lands, In the manor of the foreign of Kidderminjler^ in
Vol. XXX, b the

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the parifh of Kidder m'uifier^ in the county of Worcefier.

53. An aa for dividing and inclofing the open common fields,
meadows, paftures, and other common lands, within the ham-
lets of Iwyford and Chardo?2, in the parifli of Tvoyfordy in the
county of Buckingham.

54. An a6t to amend an adf, pafTed in the tenth year of the
r^ign of his prefent Majefty, intituled, An a^ for dividing and in-
ch fmg fuch of the open parts of the diflri5l called the for eft ^/Knaref-
borough, in the county ^/ York, as lie within the eleven conftahleries
thereof ; and for other purpofes therein mentioned.

SS^ An aa for dividing and inclofing the open arable fields,
meadows, paftures, commons, and wafte grounds, in the pariOi
of Il^'rcot, in the county of Lincoln,

56. An aa for dividing and inclofing the common ?iMs^
\vafte grounds, and commonable lands, within the parifh of
FoleJhiLU in the county of the city of Coventry,

57. An aa for dividing and inclofing the common ^nd open
fields, meadows, and commonable lands, in the parifli oi War-
7ningl^on^ in the county o^ Northampton,

58. An aa for dividing, allotting, and inclofing, the common
fields, half-year inclofures, lammas meadows, brecks, heaths,
warrens, commons, and wafte lands, within the parifii oiWeet-
2ng^ in the county of Norfolk,

59- An aa for dividing, allotting, and inclofing the old whole
year lands, common fields, half-year inclofures, lammas mea-
dows, heaths, commons, and wafle lands, within the parifh of
Barton, otherwife Barton Bendijh, or Eaftmore^ in the county of
Norfolk.

60. An aa for naturalizing Guftav. Nicolaus Eggers.

6t. An aa for naturalizing John Everth.

62. An aa for naturalizing captain David Francis de Bezancenet.

63. An aa for naturalizing Chriftian Frederick Efberger.

64. An ait for vefling the fettled efl:ates of Francis Creuze and
Sarah his wife, in the county of TVorcefter, in truflees to be fold ;
and tor laying out the money arifing by fuch fale in the purchafe
of other lands, to be fettled to the fame ufes.

65. An aa for fale of the freehold and copyhold eflates, late
of John Wilfon ejquire, deceafed, fituate in the county oi Surrey ;
and for laying out the money to arife by fuch fale for the benefit
of John JVilfon^ an infant, his eldeft fon and heir at law, •

66. An aa for vefting part of the eftates late of George Palmes
eOjUire, deceafed, in the lordfhip or townihip oi Nahourn^ other-
v/ii'e Naburn, iathe eaft riding of the county o^Tork^ in truflees^
to^ be fold ; and to apply the monies thereby arifing in payment
of the debts of the faid G^iorge Palmes^ deceafed"; and for other
purpofes therein mentioned.

67. An aa to enable the vicar of the parifh church of Saint
Nicholas^ in the town and county of the town of Neivcaftle upon
Tync^ to demife or leafe part of the land belonging to the faid
vicarage to William Lozues efquire, for the purpofes, and upon
the conditions, in fuch leafe io be mentioned.

68. Aa

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68. An a6l for dividing and inclofing certain open and Orrj,
mon fields, commonable down lands, and other comtnonable
places, in the parifli of Titcombe^ otherwife Tidcomc^ in the county
oiWilts.

69. An a£l for dividing and inclofing the feveral open fields,
meadows, paftures, and other uninclofed grounds, within the
townfhip of Batnton^ in the eaft riding of tlie county o^Tork\
and for making a compenfation in lieu of the tithes of all the faid
town(hip, and of the townfhip oi Nefivid:, in the parilh of Bain-'
ion a fore fa id.

70. An a6l for dividing and inclofing feveral open and com-
mon fields.^ and common meadows, within the hamlet or
chapelry oi Deford^ in the county of lVorceJler\ and for drain-
ing and levelling, and alfo for regulating the ftocking with cattle,
a certain common called Dtfford Common.

71. An afl for dividing, allotting, and inclofing, the open
uninclofed fields, and parcels of land, within the manor and
parifh of Garton^ in the call: riding of the county of York,

72. An acft for dividing and inclofing the open arable fields,
meadows, pafl:ures, commons, and wafi:e grounds, in the parifh
of Finningley^ in the counties of Nottingham and York.

73. An a6t for dividing and inclofing the open and common
fields meadows, commonable lands, and commons, within the
mano'r, pariQi, and liberties of Ellington^ in the county of
Huntingdon,

74. An a6l for inclofing the open and common fields, and
common and wafi:e grounds, within th? pariih of Potton^ in the
county of Bedford.

75. An a6l for dividing and inclofing the open and common
fields, meadows, and common grounds, within the parilh of
Harringworth., in the county of Northampton,

76. An a6l for dividing and inclofing the open and common,
fields common meadows, and common and waflie grounds,
and alfo a fi:inted or common pafiure, called The Cozv Common^
within the manor and parifh of Stoke Hammond,^ in the county

of Bucks,

77i An a6l for dividing and inclofing the open and common
fields and common downs, in the tithings of Milton Lilburne^
Milton Abbotts^ and Milton Havering^ in the parifh of Milton^ m
the county of Wilts.

78. An a6t for dividing and inclofing the open and common
fields, meadows, paflures, and other commonable lands and
grounds, within and belonging to the chapelry or townlhip of
Bricklehampton, in the county of IVorcejler,

79. An a6l for dividing and inclofing the feveral open arable
fields, and other uninclofed grounds, within the towmhip of
Rudjhn^ in the eafl riding of the county of York,

80. An ad for dividing, allotting, and inclofing the open and
common fields, meadows, commonable lands and commons,
within the townfliip, parilh, and liberties of Eajlon^ in the
county of Huntlngdoru

%u An

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8i. An adl for dividing and incloiing fcveral open commoa
fields, common paftures, ings, commons, and other wafte lands
and grounds, within the townfhips oi Acombe and HolcJgate^ in
the county of the city of York,

82. An a6l for dividing and inclofing the open and common
fields, hills, meadow, paftures, lot grounds, and commonable
lands, within the parifh of Oxenton^ in the county oi Gloucefier,

83. An a6l to explain and amend an a6t, made in the tenth
year of his prefent Majefty's reign, for dividing and inclofing
the open common fields, common paftures, and other common-
able lands and grounds, within the parifh of Saiftt NeotSy in the
conniy o{ Huntingdon y and for regulating the ufage and flock-
ing of divers commonable lands and commons within the faid
parifh.

84. An a6l to enable John Medows the elder, gentleman, and
bis ilTue male, to take, ufe, and bear, the furname and' arms of
Theobald^ purfuant to the will of Elizabeth Theobald^ widow,
deceafed,

85. An a£l: for naturalizing Paul Burnand,

86. An afl for naturalizing Luder Hoffham and Nicholas Hane,

87. An a6l for naturalizing Vi^or Buftgny,

88. An a6l for vefting the eftate of the honourable William
Hanger^ fituate in the county of Kent, entailed by the will of the
right honourable Gabriel lord Cohraine^ in the kingdom oi Ire^
land^ deceafed, in truftees, to be fold 5 and for applying the mo-
nies arifing by fuch fale in the purchafe of other lands and here-
ditaments, to be fettled to the fame ufes.

89. An ad for vefting one moiety of the bridge built crofs
Sionehoufe Creek, near PJy?nouth Dock, in the county oi Devon^ ia
truftees, in truft, to raife a moiety of the expences of building
the fame; and alfo for enabling certain perfons to grant build-
ing and other leafes, during the minority of fir John Saint Aubyn
baronet, of the refped^ive eftates devifed to him by the wills of
his father and fir IViUiam Mori(e baronet, deceafed ; and hkewife
for vefting certain houfes in Aliddlefex and London in truftees, in
truft to io-W the fame.

90. An afl for vefting the manor of Thorngumbald, and cer-j-"
tain mefl'uages, lands, tenements, and hereditaments, in Thorn--
gumbald and Paul, or one of them, in Holdernefs^ in the eaft rid^
irig of the county of York, late the eftate of Thomas Gee efquire,
Jcceafed, in truftees, to be fold ; and for applying part of the
monies thereby arifing in difcharging the incumbrances affeijl:-
ing the fame eftate; and for laying out the refidue in the pur-
ciiafe of other lands and hereditamentSj to be fettled to the
fame ufes.

91. An 2.^ to enable Waller Smyth efquire, to make and efta-s
b!i(h an exchange of the manor of Einderton, and certain lands,
tenem.ents, and hereditaments, in the pciridi of Binderton, in the
county of SuJ/ex, for other lands- and hereditaments in the fame
county, be'ono;ing to fir Ja'/nes Peachey baronet.

92. An adt for dividing and inclofing the open and commoti

fields^

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fields, commons, fens, and wafte grounds, in the parilh of Tlm^
berlandy in the county of Lincoln.

93. An a6l for dividing and inclofmg the common fields,
common ings, mefne inclofures, commons, or wafte grounds,
within the parifh oi Rawmarjh, in the weft riding of the county
oiTork.

94. An a6l for naturalizing John Michael Lange.

95. An ad for impowering' the moft noble William duke of
Devon/hire^ to make leafes of mines and quarries, within the
eftates late of Richard earl of Burlington and CorkCy deceafed, in
the county of York.

96. An ad for vefting a mefluage and lands, called Eaji Leach
Grove ^ (part of the fettled eftate of the right honourable Frede-
rick Henry lord Chedworth^ .in tlie county of Gloucejler^) in
truftees, in truft, to fell and convey the fame, purfuant to an
agreement for that purpofe; and for laying out the money arif-
JHg by fuch fale in the purchafe of other lands, to be fettled to
the like ufes.

97. An ad to enable fir Edivard Swinburne baronet, to charge
certain moors and wafte lands, within the parifhes o^ Edlingham
and Simonburne^ in the county of Northumberland^ or either of
them, late the eftate of fir John Swinburne baronet, deceafed,
after he fiiali have cultivated and improved the fame in the
manner therein mentioned.

98. An aa for vefting divers freehold eftates, late of Robert
Barbor efquire, deceafed, in truftees, to be fold, to raife money,
to be applied, under the diredion of the court of chancery, in
payment of the debts, legacies, and charges, charged upon and
affeding the fame; and for other the purpofes therein men-
tioned.

99. An a6t for impowering the judges of the court of feflion
in Scotland to fell the whole, or fuch parts and portions, of the
eftate and barony of Kinrofs^ in the county oi Kinrofs^ belonging-
to Jame$ Bruce Carjlairs efquire, as ftiall be fufiicient for pay-
ment of the debts affeding the fame; and for fetthng the re-
mainder of the faid eftate and barony, in tail, on the fame per-
fons, and to the fame ufes and purpofes, as mentioned in a deed
of entail made by fir TVilUam Bruce baronet, bearing date the
fixteenth day of February^ in the year one thoufand fix hundred
and eighty-three.

100. An a6l to enable certain truftees therein named to raife
money, by fale of certain eftates of John Smithy and Jarnes Smith
his fon, in the city of Coventry^ and county of the fame city, for
the payment of debts and incumbrances, and other purpofes
therein exprefled.

1 01. An ad for amending and rendering effedlual the powers
of fa!e and revocation of ufes, contained in the marriage articles
and fettlement of Richard Sterne efquire, and Mary his wife, of
divers mefluages, lands, and hereditaments, in the county of
Xork^ therein comprifed.

10%. An a6l for enabling and impowering truftees to accept,

grant.

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grant, and make, building and other leafes, contradls, and agree-
ments, of certain meffuages, lands, and premifes, late of TVilliam
Baker efquire, deceafed, during the minority of his Ton Peter
William Baker^ an infant ; and alfo, during fuch minority, to re-
ceive the rents and profits thereof, and all other his perfonal
eftates, and the intereft, dividends, and proceed thereof, and ap-
ply the fame as in the ad mentioned ; and for other purpofes.

103. An acl for vefting the eftates late of James Colebrooke
efquire, deceafed, in the county of Kent, in truftees, to be fold ;
and for purchafing other eftates to be fettled to the fame ufes,
fubje6l to the annuities, and other charges and incumbrances
thereon ^ and for other purpofes therein mentioned.

104. An ad to enable the mafter and fcholars of Baliol Col-
lege, in the univerfuy of Oxford, in their collegiate capacity, to
convey certain lands and poffeffions belonging to, the faid col-
lege, in the counties of Salop and Radnor, to miliam Pearce
Hall, and John Woodhoufe, efquires, in exchange for other lands
in the county of Radnor, of greater value, to be conveyed to, and
held%, them refpedively, to the ules, and upon the truils,
therein mentioned.

105. An ad for confirming to the refident freemen or bur-
gefles, and refident widows of deceafed freemen or burgefTes, of
the town of Newcaftle upon Tyne, their full right and benefit to
the^ herbage of The Town Moor, Coftle Leazes, and Nuns Moor^
within the liberties of the faid town, for two milch cows each,
in fuch manner as has been ufed ; and for improving the her-
bage of the faid Town Moor^ Cajlle Leazes, and Nuns Moor^
refpediveJy.

106. An a6l for dividing and inclofing the commons, or
waftes, called or known by the names ofJVedmore Moor, Church-
land Moor, Tadam and Ye el Moor, and Miidgeley Moor, within the
parifh of JVedmore, in the county of Somerfet,

107. An a(Sl for confirming and eftabliihing the divifion, ex-
tindion of right of intercommon, and exchanges of certain
lands, in Balmbrough^ Shoejlon, and Sunderland, in the county of
Northumberland, made between the feveral perfons interefied
therein ; and for appointing arbitrators, to fettle the claims of
the refpedive lords of the manors of Hexham and Blanchland, in
the faid county, to a trad of difputed ground lying contiguous
to the faid manors.

108. An ad for dividing and inclofing the open and common
fields, common pafi:ures, common meadows, and other com-
monable lands, of and within the parilh and liberties of Hellidoni
in the county of Northampton,

109. An ad for dividing and inclofing the open and common
fields, common heath, common pafl:ures, common meadows,
and other commonable lands, of and within the hamlet and li-
berties of Hollowell, in the parifli oi Guiljborough, in the county
of Northampton,

110. An ad for dividing and inclofing the open and common
fields, meadows, commonable lands and commons, within the

manor
6

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A TABLE of the STATUTES.

manor and townlhip of Graffham^ in the county of Huntingdon,

111. An ad to difTolve the marriage of Stephen Popham^ gen-
tleman, with Ann Tate Whitefide^ his now wife; and to enable
him to marry again ; and for other purpofes therein mentioned.

112. An a6l to enable George Dickerdine efquire, and his
heirs, to take and ufe the name and furname of Rice Fellowe^ and
to bear the arms oi Fellow e^ purfuant to the wilJ oi Rice Fellowe
efquire, deceafed.

113. An a6l to enable the trufcees named In a certain acS of
parliament, paffed in the twelfth year of the reign of his prefent
Majefty, intituled, An a 5i for giving further powers to the trujiees
named in a certain a5l of parliament^ made in the ninth year of the
reign of his prefent Majefly^ intituled. An a5i to impower the trujiees
of the ^ will of the late general Pulteney, and other trufiees appointed
by this a5i^ to pur chafe and exchange lands and grounds in the manor
of Bathwick, in the county ^/Somerfet, for the purpofe of making
certain roads and ivays to and from a free bridge by them intended to
be built over the river Avon, in the f aid county ; and alfo to impower
iheperfons in poffejjion of the f aid eflate for the time beings under the

faid willy to grant leafes of certain lands and houfes in the f aid manor ;
and^ likewife to enable the faid trufees to grant certain grounds and
fprings of water y ivithin the faid manor ^/Bathwick, to the mayor ^
aldermen^ and citizens ^/Bath ; and for extending the jurifdi5iion of
the faid may or y aldermen^ and citizens y over part of the faid manor of -
Bathwick; and for other purpofes therein mentioned \ and for en^
larging the powers of leafingy given by the faid a5iy ' to the perfons
therein named \ and for other purpofes y to raife a fum of money for
the purpofes therein mentioned.

114. An a6t for allotting and dividing the open fields and
commons, in the manor of Lalehamy in the counties of Middle--
fex and Surrey.

THE

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THE

STATUTES at Large, ^c.

Anno regni G E O R G 1 1 III. Regis, Mag-
nee Britanni(Z, FrahcicB, &^ Hibernicey
decimo quarto.

AT the parliament begun arid holden at Weft-
minfter, the tenth day of May, Anno Dom.
1768. i72 the eighth year of the reign of our fove-
reign lord GEORGE the Thirds by the grace of
God, of Great Britain, France, and Irdandy King,
defender of the faith, &c. Andfro7n thence continue
ed by fever al prorogatio?is to the thirteenth Bay of
January, 1774; being the feventh feffion of the thir^
teenth parliament of Great Britain* ^

CAP. I.

An a6l for granting an aid to his Majefty by a land tax to be raifed in
Great Britain, for the fervice of the year one thoufand feven hundred
and fevency-four. At three JhilUngs in the pomid,

CAR II. ^

An a6t for continuing and granting to his Majefty certain duties upon
malt, mum, cyder, and perry, for the fervice of the year one thoufand
feven hundred and feven ty- four.

C A P. III.

An a6l for punifhing Mutiny and Defertion ; and for the better payment

of the army and their quarters.

C A p. IV.

An 3(51 for the regulation of his Majtfty's marine forces while on ihore*

Z 2 CAR

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3^6 Anno decimo quarto Georgii IIL c.^, [i774»

CAP. V.

An a5l to allow the exportation of corn^ grain^ and other
articles^ to his Majejifs fugar colonies in America ; and
to extend the provtfwns of an aSt made in the lafi feffion
cf parliament^ (intituled^ An a6i: to regulate the impor-
tation and exportation of corn,) allowing the exportation
cf wheats meal^ flour ^ rye^ barley^ or malt^ to the iflands
of Gutrnfty and Jerfey, to bread, bifcuit andpeafe^ and
to allow the exportation of all the f aid articles to the ifland
{?/Alderney,

Preamble. '\/\/'" ^^ ^ ^ "^ ^ hy an aSl pa[fed in the lafl feffion of parliament y
A6li3Gep, 3. ^^ [intituled^ An a6l to regulate the importation and expor-
tation of corn,) it zvas {amongf other things^) ena^ed^ That when-
ever the price of middling Britiih wheat ^ at any port or place within
the kingdom of Great Britain, from zvhence the fame Jhould be
intended to be exported^ jloould appear to be at or above the price of
forty- four Jhillings per quarter^ fuch price being afcertalntd in man-
ner in the faid a5l before mentioned^ no perfon or per fom what fo ever
Jhould^ dire5ilyi or indire^Uy^ export^ tranfport^ carry ^ or convey^ or
caufe or procure fo to be^ out of or from any fuch port or place -^ or
load or lay on boards or caufe or procure to be laden or laid on boards
in any fhip or other veffel or boat^ in order to be exported or carried
cut of any fuch port or place^ any ivheat^ wheat meaU or flour ^ or
rnalt^ breads bifcuit^ or Jlarch^ made of wheat ; and whenever^ the
price of middling Britilh rye^ peafe^ or beans^ or of middling Britifli
barley^ beer^ or bigg^ or of middling Britifli oats^ fl^ould refpeSiively
appear at fuch port or place to be at or above the feveral diflin6l
prices in the faid a£i particularly mentioned^ no perfon or perfons
whatfocver fhould direSily or indire^ly^ export^ tranfport^ carry or
convey^ or caufe fo to be^ or load or lay on boards in any fnp or other
veffel^ or boat^ in order to be exported or carried out of any fuch
port or place ^ any rye^ peafe^ or beans^ ground or unground^ or any
bread or ^ bifcuit made of rye^ peafe^ or beans rejpe5iively^ or any
barley^ beer^ or bigg refpehively^ or any oats or oatmeal^ or malty
breads or bifcuit^ mads of oats ^ under the feveral penalties and forfei-
tures in the faid a^ particularly mentioned and inflicted: and
whereas it is necefjary at all times to export corn^ grain^ peafe^ beans ^
rnalt^ flour ^ oatmeal^ breads bifcuit^ and far ch^ to his Majeflys fugar
'colonies in America, for the fuftenance and ufe of the inhabitatifs
thereof'^ inay it therefore pleafe your Majefty that it may be
Wheat, me^l, enaded ; and be it enaded by the King's moft excellent ma-
flour, bread, -^^^^^ y^^ ^^^ ^-^^^ ^^^ advice and confent of the lords fpiritual
llarch%!ot^ and temporal, and commons, in this prefent parliament aflem-
exceeding bled, and by the authority of the fame. That from and after
aooo quarters the paffing of this a6l, it (hall and may be lawful to (hip and
in one year, export, from the port of Zijw^^;; only, wheat and meal, flour,
oTLondor"^^ bread, bifcuit, and (larch, made of. wheat, not exceeding in the
only, whole two thoufand quarters in any one year^ tc^ be computed

ia

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1774-] Anno deeimo quarto Georgii III. 0.5, 327

in the manner herein-after diredcd; and from the faid port of and all forfs
London^ and all and every other port or place in Great Britain^ of grain, from
all and every other forts of corn and grain, peafe and beans, ^^^^^.P^''^^-
ground or unground, malt and oatmeal, to his Majefty's fugar G^ea^ B,.^^ajjj
colonies in America^ any thing in the faid a6l to the contrary may be ex-
notwithftanding, for the fuftenance and ufe of the inhabitants ported to his
of the faid colonies; fo as the exporter, do before the (hipping j^^J.^'^.^*^"
or laying on board the fame, declare the colony or colonies for j-ica, in any
which the faid commodities, or either of them, are refpectively one year;
defigned, and become bound with other fufRcient fecurity, in the exporter
treble the value thereof, to the commiffioners, or chief officer ^.^^^f ^^^
or officers, of his Majefty's cuftoms, belonging to the port or danngfhe^"
place where the fame fhall be fhipped or put on board, (who colony to
hath or have hereby power to, take fuch fecurity in his Majeifty's which fuch
name, and to his Majefty's ufe,) that fuch commodities (hall ^°^?^^^^^^^^
not be landed or fold in any ports whatfoever other than the and fiVd"uffi^
faid colony or colonies for which the fame fhall be fo declared ; cient fecurity,
and that a certificate, under the hand and feal of the colledlor, that the faid
comptroller, or other chief officer of the cuftoms, or if no fuch, conrimodlties
of the naval officer, or fome of the principal officers of the port ^o o^t her place
where the fame fhall be landed, fhall within the fpace of eigh- than in the
teen calendar months after the date of fuch bonds, (the danger faid colonies*
of the feas excepted,) be returned to the officers who took the A certificate
faid bonds, that the faid commodities have been landed at the ^^ '^^ ^^turn-
port or place for which the fame fhall be fo declared; snd for ^an dander ^1
the taking of fuch fecurity, and for giving fuch certificates, of the officer
(which the refpedive officers aforefaid are hereby, on demand, of thecuftoms
required to give,) no fee or reward fliall be demanded or re- ^^ the port
ceived : and if any officer (hall make any falfe certificate of any witWn^ei" tf^*
fuch commodities being fo landed, fuch officers fhall forfeit the teen calendar
fum of two hundred pounds, and lofe his employment, and be months;
incapable of ferving his Majefty, his heirs or fucceObrs, in any without fee
office relating to the cuftoms ; and if any perfon fhall counter- p^ reward,
feit, rafe, or fallify any fuch certificate, or knowingly pubhfh mTkinl aTalf
any fuch counterfeit, rafed, or falfe certificate, he (hall forfeit certificate,
the fum of two hundred pounds, and fuch certificate fhall be ^n*^ for faill-
void, and of no effect ; which faid penalties for offences com- ^P^^ ^ certi*
mitted in Great Britain or Ireland^ ihall be recovered in the ^^^^ ^*
fame courts, and in the (ame manner, as the other penalties are^J^be re'^^
infli6fed by the faid recited ad are recoverable : and for offences covered,
committed in the colonies or plantations in America^ fiiall be
recovered in the high court of admiralty, or in any chief court
of civil or criminal jurifdidion in fuch reipedive coionies or
plantations ; and fhall be divided into equal moieties between
his Majefty and the informer : and the faid bond or bonds, ifvoid^^^^"
not profecuted within three years, fhall be void; any thing in pjof^'t^^jted^
the faid recited ad to the contrary thereof in any-wiie not- within three
withflanding. years.

II. Provided always, and be it e.naded by the authority When the ex-
afori^faid, That when the exportation of the faid commodities, portation of
or any of them, (hall, by the faid ad, be permitted ; then, and JnoifQ^3''JJj'^f|

Z 3 in ' "^

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328 Anno decimo quarto GeoRGII III. c.5. [1774.

be permitted in fuch cafe, no fuch bond (hall be required upon the expor-
by the faid tation to the faid colonies of fuch of them as (hall be fo per-

quired. HI* Provided alfo, and be it ena6led, That when any bounty

Pfovifo. ^^^^ ^^ allowed upon the exportation of the faid commodities,

or any of them, the fame bounty (liall be allowed upon the
exportation thereof to the faid colonies under the regulations,
provifions, and reftridions, in the faid acl mentioned.
Notbuigia IV'. J/td zuhereas by the faid recited a5i^ it was [amongft other

to^exL^d^' 3- things) provided^ That nothing therein-hefore contained Jhould extend
p^rohib^t any ^^ prohibit the fcveral articles therein-after exprejfed being 'exported
quantity of out of and from the refpe^ive ports in this kingdom therein after
wheat, meal, mentioned^ to the fever al places therein after mentioned -.^ that is to
fr^^m S^*^'h •^■^' (dmongf others J from the pdrt of Southampton to the iflands
ampton^L '^^ Guernfey and Jerfey, any quantity of wheats meaU flour, rye^ •
Jerfey and barley^ or malt^ not exceeding five thoufand quarters • and whereas it
Guernfey. is neceffary that the faid provifion Jhould be extended to the ifland of
Alderney,^?/^ breads bifcuit^ and peafe^ are hkeivife requifite for the
fuftenance and ufe of the inhabitants of thofe ifiands\ be it therefore '
enacted by the authority aforefaid. That from and after the '
paffing of this a6l, nothing in the faid recited a6l contained fhall
extend to prohibit the being exported from the port of South-
ampton^ and from no other, to the illands of Guernfey, J^^fey^
and Alderney, or any or either of them, for the fuftenance and
ufe of the inhabitants thereof, any quantity of wheat, meal,
flour, rye, barley, malt, or of bread, bifcuit, or peafe, in the
fame manner, and under the fame limitations and reftrictions,
to all intents, confl: ructions, and purpofes, as if the faid ifland
o^ Alderney, and the faid articles of breads bifcuit, and peafe,
had been originally infcrted in the faid recited acSt ; anything
therein contained 10 the contrary thereof in any wife Qotwith-
ftandino;:.
Inhabitants of V. Provided always, and be it enacted by the authority
Gaernfty, aforefaid, That it (hall and may be lawful for any perfon or
Jerfey or Al- perfons inhabiting in the faid iflands of Guernfey, Jerfey, or
IhipVrom Alderney, to fhip and lade, at Or in any or either of the faid
thence to any illands, and to tranfport directly from thence to Newfoundland^
Britifh planca- or to any other of the Britijh colonies or plantations in America,
^bi^fi^T^'"'^^^ where the fifhery is now or Ihall hereafter be carried on, on
earned on ^ board any fhip or vefiel which may lawfully trade there, the
wheat, meal, whole or any part of the faid wheat, meal, ftour, rye, barley,
flour. &c, malt, bread, bifcuit, or peafe, ht and neceflary for the fifhery
"h^fin^^^ ^^'^ ^^ thofe parts, or for the ufe and fupport of the mariners, or '
thofe parts'^ Other perfons employed on board the vefTels^ or on (liore, in
carrying on the faid fiQ^ery, there, in the fame manner, and
under the fame Limitations and reflriclions, to all intents, con«
flrudions, and purpofes, as prefcribed in and by an adl made
under the Li- in the ninth year of the reign of his prefent Majefty, (intituled,
mitatjon of j^ ^c^ ^^ permit the inhabitants of Jerfey and Guerrtfey to export
9 vJ<^c>. 3. ^ly^^jiy from ibence to Newfoundland, or the Britifh colonies in
America^ goods neceffary for the fifbery^ under c^iiaiu reftri^ions^

and

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r774-] Anno decimo quarto Georgii III. c. 6—8. 3^9

end to import from thence non-numerated goods ^ (empt rum,) and to
land the fame in the faid ifands,) as if the fame were particularly
repeated and re-enaaed in the body of this prefent a^ ; any
'thing in either of the faid recited ads, or any other law or
ftatute, to the contrary thereof in any-wife notwithClanding.

VI. And be it further ena^ed by the authority aforefaid, ^™ .^^
That in carrying this ad into execution, four hundred weight of meal, and
avoirdupoife of meal, and three hundred weight avoirdupoile 300 ditto of
of flour, bread, bifcuit, and ftarch, made of wheat, (hall be flour, bread,
computed, deemed, and taken as, and equal to, one quarter ^'Jem^d o^^
of wheat. • • r r -j q^^^^^^^r.

VII. And be it further enacted by the authority aforefaid, continuation
That this a6t (hall be in force during fuch time as the faid of this ad.
recited ad, pafled in the laft feflion of parliament, ihall have
continuance.

C A P. VL

Jn a^ for further continuing two aSfs, made in the ftxth and ninth
years of his Majejiys reign, for punijhing mutiny and defertion^
and for the better payment of_the army and their quarters^ in his
Majeflys dominions in America.

WHEREAS ^?z a^l, paffed in the thirteenth year of his '^^^^^'^^^^f'
prefent Majefiys reign, {intituled. An ad for farther con- A(5lMGeo. i.
tinuing two ads, made in the fixth and ninth years of his
Majefty's reign, for puni(hing mutiny and defertion,. and for
the better payment of the army and their quarters, in his Ma«
jefty's dominions in America ; which a5i was to continue and he in
force in all hii Majefiys dominions in America, from the tw^nty^
fourth day (?/ March, one thoufafid feven hundred' and feventy-fpuTy
until the twenty -fourth day of M2iYch, one thoufand feven hundred
and feventy- five: and whereas it has been found -neceffary that the
faidaas, made in the fixth and ninth years of his Majejifs reign
JJwuld be continued for a further time-, may it therefore pleafe
your Majefty that it may be enaded ; and be it enadled by the
King's moft excellent majefty, by and with the advice and con-
fent of the lords fpiritual and temporal, and commons, in this
prefent parliament affembled, and by the authority of the fame,
That the faid ads (ball be, and the fame are hereby continued, ^^^^ ^^^^j^
until the twenty-foui'th day oi .March, one thoufand feven March- a^.,
hundred and feventy-fix. ' 1776.

CAP. VII.
An aa for better paving, cleanfmg, and lighting, the ftreets, lanes, and
publick pafTages, in the town ot Cardiff, and liberties thereof, in the
county of Glamorgan, and for removing and preventing nuifances and
annoyances therein.

CAP. VIII.

An a6l to explain and amend two ads, made in the tenth and twelfth
years of his prefent Majefty^s reign, for paving, lighting, and watching,
the town of Plymouth, in the county of Devon j and for regulating the
carmen and porters within the faid town,

Z4 ^^^-

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contiT

$S^ Anno declmo quarto Georgh IIL 0,9, 10; [1774.

CAP, IX.

An aa to continue for a further time an aa, made in the eighth year of
h^ prefent Majefty's reign, intituled, An aft to continue and amend an
att, made in the fifth year of the reign of his prefent Majefty, intituled,
An aft for importation of falted beef, pork, bacon, and butter, from
Ireland, for a limited time, and for allowing the importation of falted
beef, pork, bacon, and butter, from the Britifh dominions in America,
for a limited time.

Preamble. Aft 5 Geo. 3. Aa 8 Geo. 3. and aas 9, 10, ii, 12, & 13
Geo. 3. Further continued till March i, 1775.

C A P. X.

jfn aa for reducing the duty payable upon the exportation of G\xx^
Senega, granted by an a^i^ made in the fifth year of the reign of
his prefe?it Majejly, {intituled^ An ad for laying certain duties
upon Gum Senega and Gum Arabic^ imported into or exported
from Great Britain^ and for confining the exportation of
Gum Senega from Africa to Great Britain only.)

Preamble. \X7HEREAS by an a5i^ made in the fifth year of the reign of
Aa 5 Geo. 3. ▼ y his prefent Majejly, [intituled. An ad for laying certain
duties upon Gum Senega and Gum Arabic, imported into or ex-
ported from Great Britain, and for confining the exportation of
Gum Senega from Africa to Great Britain only,) a duty of one
pound ten /hillings zuas granted upon every hundred weight avoirdu-
poife of G^^m Senega, which Jhould he exported from Great Britain
to any part beyond tbe feas : and whereas it has been found by ex-
perience, that the /aid duty being fo high, has induced illicit traders
to export great quantities of fuch gum privately out of this kingdom
into foreign parts, without paying any duty for the fame, and alfo to
export fuch gum clandefiinely from Senegal, dire5lly to Holland,
and other foreign parts, contrary to the [aid recited a^, to the pre-
judice of the fair traders, and to the lofs and detriment of the publick
revenue ; for remedy whereof, may it pleafe your Majefty that it
may be enaded; and be it enaded by the King's moft ex-
cellent majefty, by and with the advice and confent of the lords
fpiritual and temporal, and commons, in this prefent parliament
After 5 April, aftembled, and by the authority of the fame. That from and
1774 the duty after the fifth day of April, one thoufand feven hundred and
cwt on Gum ^^venty-four, the faid duty of one pound ten ftiillings for every
Senega to hundred weight o^ Gum Senega, granted by the faid recited a6l,
ceafe; and in (hall ceafe, determine, and be no longer paid ; and that, in lieu
lieu thereof and in ftead thereof, there fhall be paid to his Majefty, his
ovef e'very * ^^'^^^ ^"^ fucceflbrs, for every hundred weight avoirdupoife, of
other duty ^^^^^ Senega, which ftiall be exported from Great Britain to any
impofed there- parts beyond the feas, the fum of five (hillings, over and above
on, not repeal ^ any other duty impofed thereon by any former aa of parlia-
ed by thjs aci. ^^^^^ ^^^ ^^^ repealed by this ad, and after thofe rates for any
The duty to greater or lefs quantity of fuch gum.
be ccil.aed II, And be It further enaded by the authority aforefaid,

bShe former ^^'''' '^^^ ^''^ ^^^V ^Y "^''^ ^^ g^-^^nted, (hall be raifed, levied,
^^^ colledled, and recovered, by the fame rules and regulations, and

under

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i774*l Anno decimo quarto Georgii III. c. ir. 331

lander the like penalties and forfeitures^ and with the like allow-
ances, for goods loft at fea ; and fliall be paid and applied in
fuch manner, and to and for the fame purpofes, as the duty by
this a6!: repealed was raifed, levied, colleded, recovered, paid,
and applied, as fully, to all intents and purpofes, as if the
feveral claufes, powers, and directions, relating thereto, were
particularly repeated, and again enadled, in this prefent a6t,

III. Provided always, and it is hereby further enac5ted by No duty to
the authority aforefaid, that nothing in this ac5l contained be charged on
(hall extend, or be conftrued to extend, to charge the duty ^^^ ^^aI^^
hereby granted upon fuch Gum Senega as (hall be exported ^JI^^'J.B^j^'^^
from Great Britain to Ireland^ by hcence from the com mifli- to Ireland by
oners of his Majefty's treafury, or the lord high treafurer licence,
for the time! being, in purfuance of an a6t, made in the iixth
year of the reign of his prefent Majefty, (intituled, Jn a^ for
explaining part of an aB^ made in the fecond year of the reign of his
prefent Majefly^ relating to the removal for home confumptio?!
of fpirits made for exportation -.y for layi?ig an additional duty upon
the importation offilk crapes and tiffanies '^ for allowing the e deporta-
tion of a certain quantity of Gum Senega and Gum Arabic to
Ireland, /r^^ of duty^ for the ufe of the Manufacturers there ; for
permitting the importation into this kingdom from the ifle of Man of
a certain quantity of bugles ; and for altering certain regulations
relating to the tonage offnps exporting and importing fpirits,

C A P. XI.

An a5l to alloiv the exportation of a limited quantity of Bifcuit and
Peafe to the If and of Newfoundland, for the benefit of the Bri-
tifh^^r;' there,

WH E R E A S ^j j;/ ^^ paffed in the lajlfeffion of^ Parliament^ Preamble.
[intituled^ An adl to regulate the importation and ex-
portation of corn,) it ivas^^ {amongft other things^) ena5led^ That
whenever the price of middling Britifh wheats at any port or place
within the kingdom of Great Britain, from ivhence the fame fouli
be intended to be exported^ Jhould appear to be at or above the price
of fortyfour Jhillings per quarter^ fuch price being afcertained in
manner in the faid a5i mentioned^ no perfon or perfons luhatfoever
Jhould y direSily or indire^ly^ export^ iranfport^ carry ^ or convey^ or
caufe or procure fo to be^ out of or from any fuch port or place ^ or
load or lay on boards or caufe or procure to be laden or laid on boards
in any JlAp^ or other veffel or boat^ in order to be exported or carried
out of any fuch port or place ^ any wheats wheat meal or flour ^ or
malty breads bifcuit^ or Jlarch^ made of wheat \ and^ whenever the
price of middling Britifli peafe Jhould appear at fuch port or place to
be at or above the price of tzventy eight Jhillings per quarter ^ no per^
fon or perfons whatfoever f:ould^ dire^ly or indire^ly^ export^
trdhfporty carry ^ or convey^ or Mufe fo to be^ or load or lay on boards
in any Jlnp or other veffel or boat^ in order to be exported or carried
oiit of any fuch port or place ^ any peafe^ ground or ungr'ound^ or any
bread or bifcuit made of peaje^ wider the penalties and forfeitures in

the

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532 Anno decimo quarto GeoRGII III. c, ii. [1774

the fold a^ particularly mentioned and in filled : and whereas it is
necejfcry^ at all tiwcs^ to export bifcuit and peafe to the Ifland of
Newfoundland, /:;r the benefit of the W\i\^'\ fi/hery there ; may it
therefore pleafe your Majetly that it may be enadled ; and be it
ena61ed by the King's mail excellent majefty, by and with the
advice and confeni of the lords fpiritual and temporal, and
commons, in this prefent parliament affembledj and by the
Qnantity of authority of the fame. That, from and after rhe pafiing of this
tonsofbifcdt, adt, it fliall and may be lawful to fliip and export from the port
and quarters of Briftol bifcuit and peafe, not exceeding in the whole one
m.r^be e^^^*^^ hundred and tifty tons of bifcuit, and three hundred quarters of
ported intone peafe, in any one year; and from the port of Poole bifcuit and
year to Neuu- peafe, not exceeding in the whole two hundred and fifty tons
foundland. of bifcuit, and \Q\Qn hundred quarters of peafe, in any one year ;
and from the port of Dartmouth bifcuit and peafe^ not exceed-
ing in the whole one hundred and fifty tons of bifcuit, and
three hundred quarters of Peafe, in any one year; and alfo from
the porus oiTopfham and Tingmouth^ within the port oi Exeter^
bifcuit and peafe, not exceeding in the whole one hundred and
fifty tons of bifcuit, and three hundred quarters of peafe, in any
one year, to the iiland of Newfoundland^ for the benefit of
the Britif) fifhery there ; any thing in the faid ad to the con-
trary notwithftanding ; fo as the exporter do, before the (hip-
ping or laying on board the fame, become bound, with other
Security to be fufficient fecurity, in treble the value thereof, to the commiffi-
given to the oners or chief officer or officers of his Majefty's cuftoms
ofii.ers of belonging to the faid ports of BriftoU Poole^ Dartmouth^ or
cuitums. ^A-^/^r relfpeaively, (who hath or have hereby power to take

fuch fecurity in his Majefty's name, and to his Majefty's ufe,)
that fuch commodities Ihall not be landed or fold in any parts
whatfoever other than the faid ifland of Newfoundlands and that
a certificate under the hand and feal of the coUedor, comptroll-
er, or other chief officer of the cuftoms, or if no fuch, of the
naval officer, or fome other principal officer there, (hall,
within the fpace of eighteen calendar months after the date of
fuch bonds, (the danger of the feas excepted,) be returned to
the officers who took the faid bonds, that the faid commodities
have been landed in the faid ifland of Neivfoundland : and for
the taking of fuch fecurity, and for giving fuch certificates,
(which the refpeaive officers aforefaid are hereby, on demand,
required to eive,) no fee or reward (hall be demanded or re-
Officers mak- ceived : and Tf any officer (hall make any falfe certificate of any
ing falfe cer^ fuch commodities being fo landed, fuch officer (hall forfeit the
tificates, OP ^^^ Q^ ^^^ hundred pounds, and lofe his employment, and be
Klfuch incapable of ferving his majefty, his heirs or fucceffors, m any
fhail forfeit' office relating to the cuftoms; and if any perfon (hall counter-
^ooL felt, rafe, or falfify, any fuch certificate, or knowingly pubh(h

any fuch counterfeit, rafed, or falfe certificate, he (hall forfeit
the fum of two hundred pounds, and fuch certificate (hall be
PenaUiesbow void, and of no efi'edl ; which faid penalties for offences com-
rtcoverable. j^itted in Great Britain or Ireland (hall be recovered in the fame

courts.

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I774-] ^^^^ decimo quarto Georgii III. c,i2 — 14. 233

courts, and in the fame manner, as the other penalties infli(5led
by the faid recited a6t are recoverable ; and for offences commit-
ted in the faid ifland of Newfoundland^ (hall be recovered in
the high court of admiralty, or in any chief court of the civil
or criminal jurifdi<51:ion in the faid ifland, and lliall be divided
into equal moieties between his R/[ajefty and the informer y and
the faid bond or bonds, if not profecuted within three years,,
(hall be void ; any thing in the faid recited ad to the contrary
thereof in any-wife notwithftanding.

II. Provided always, and be it enadled by the authority when the Ex-
aforefaid. That when the exportation of bifcuit and peafe, or portation (hall
either of them, ihall, by the faid ad, be permitted -, then, and ^^ permitted,
in fuch cafe, no fuch bond (hall be required upon the ex- j'^'' ^^"^^^^^
portation to the faid ifland oi Newfoundland .^ or fuch of them

as fliall be fo permitted.

III. Provided alfo, and be It enaded. That when any bounty Bounty, when
fhall'be allowed upon the exportation of the faid commodities, to be allowed,
or either of them, the fame bounty (hall be allowed upon the
exportation thereof to the faid ifland of Neivfoundland^ under

the regulations, provifion, and reftridions, in the faid acl'men- .
tioned.

IV. And be it further ena6led by the authority aforefaid, Contimiation.
That this ad fliall be in force during fuch time as the faid

recited a6l, pafled in the lad fclfion of parliament, fliali have
continuance.

CAP. XlL

An aft for vefting a piece of wafte ground within, and parcel of, the
manor of Claphadn, in the county of Surry, in traftees, and for
enabling them to build a new paiilh church thereon.

C A P. XIII.

An a6t for enabling Sir John Ramfden, Baronet, to make and mamtain
a navigable carial, from the river Calder (between a bridge called
Cooper's Bridge and the mouth of the river Cohie) to the King's miil,
near the town of Huddersfield, in the weft ridbg ot the county of
York.

C A P. XIV.

An aB to repeal a claufe in an a5l^ made in the thirteenth year
of his prefent Majeftys reign^ intituled^ An a<^ to explain, •
amend, and reduce into one a6l of Parliament, the general
laws now in being for regulating the turnpike roads in that .
part of Great Br'uain called England^ and for other purpofes ;
%vhich regulates the width of the ivheels^ and the length of carri-
ages liable to be lueighed ; and for indemnifying penjons who have
offended againfl the faid claufe.

WHEREAS by a claufe in an aSl ofparliamcfity mdde in Y^l^^'fl^^''
the thirteenth year of his prefent Majeftfs reign, intituled^ 1 3 GeV.V
An a6l to explain, amend, and reduce into one a(5l of parlia- repealed j
ment, the general laws now in being for regulating the turnpike
roads in that part of Great Britain called England , and for

other

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334 Anno decimo quarto Georgii III. c. 14, [i774r

other purpofes ; // is ena5ied^ that no carriage^ liable to he weighed
by virtue of the /aid a^, Jhall pafs along any turnpike road^ being
above twenty miles from the cities of London or W^ftminfter,
U7ilefs the fame Jhall be made ai^d conflruBed in fuch manner that no
pair of the zuheels thereof Jhall be wider than four feet fx inches
from^ inftde to injde^ to be meafured on the ground^ {epicept wheels
having the foles of the fellies thereof of the breadth of nine inches ^
which Jhall be Jo conflru5ied as to roll a furface offtxteen inches^ and
that the wider pair of fuch wheels Jhall not be more than five feet
eight inches from inftde to inftde^ to be meafured on the ground \) and
that the diflance from the centre of the fore zuheel to the centre
of the hind wheel of any waggon or four-wheeled carriage^ not
being ifed for the carriage of timber only^ be not above nine feet ^
to be meafured from the centre of the axle-trees at the ends thereof^
on pain of the owner or owners of every fuch waggon^ wain,
cr cart^ forfeiting the fum of five pounds for every fuch offence ;
and that the furveyor or furveyors^ gate-keeper or gate-keepers, of
any Turnpike road, is and are thereby authorifed and required^ at any
turnpike or toll-gate, or at any other place upon the turnpike
road, to meajure every Juch luaggon, wain, or cart ; a?jd if any
majler, or driver of any waggon, wain, or cart, Jhall hinder,
or refuje to permit Juch furveyor or Jurveyors, gate-keeper or
gate-keepers, to meajure Juch waggon, wain, or cart, as aforefaid,
he or Jhe Jhall forfeit the fum of five pounds -, and that it Jhall not
be lawful for any fuch luaggon, wain, or cart, not permitted
to be tneafured as aforefaid, to pajs along any turnpike road:
And whereas the provijions in the Jaid clauje contained have been
found very inconvenient ; be it therefore enacSted by the king's
moft excellent Majefty, by and with the advice and confent
of the lords fpiritual and temporal, and commons, in this
and hereby prefent parliament affembled, and by the authority of the fame,
repealed. that the faid claufe fhall be, and is hereby declared to be

repealed,
perfons guilty IL And be it further enaded by the authority aforefaid,
ofomilTioTis that all and every perfon and perfons who hath or have
l^e^^ut^on^of offended, or been guilty of any omiffion, touching the ex-
the faid claufe, ecution of the faid claufe, (hall be, and is and are hereby
are indemnifi- indemnified againft any penalty or forfeiture for the fame j^
ed i and that all perfonal adions end fuits, indidments, informa-

tions, profecutioBs, and proceedings whatfoever, which have
been, or fliali be, profecuted or commenced againft any perfon
^^ ^^^^*^*^^^ or perfons, for or by reafon of any fuch offence or omiffion^
fuch pffence ^^^^ ^^5 ^^^ ^^^ hereby made, void, to all intents and purpofe?
made void. ' whatfoevcr.

CAP.

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17740 Anno decimo quarto GeorGII III. c. 15^ i^. ^35

CAP. XV,

Jn a5l for waking perpetual two a^s, p^Jfed in the tenth and
eleventh years of the reign of his prefent Majefty^ for regulating
the trials of controverted eledions, or returns of members to
ferve in parliament.

WH E R E A S tf« j^ paffed, in the tenth year of the reign ^/Preamble,
his prefent Majefiy, intituled. An acl to regulate the trials Ad lo Geo.j.
of controverted eledions, or returns of members to ferve in
parliament, which a5i was made to continue for a limited time only :
And whereas another a^, paffed in the eleventh year of the reign of
hisfaid Majejlyy intituled^ An a6l to explain and amend an act, and aft 11
made in the laft feflion of parliament, intituled. An a5i to Geo. 3.
regulate the trials of controverted ele^ions, or returns of members
to, ferve in parliament : And whereas the provifwis of the faid
recited a^s are well adapted to procure to the commons of this realm
a free and impartial trial of controverted eleBions of members to
ferve in parliament, and have been found, by experience, to be prac^
ticable and beneficial : May it therefore pleafe your Majefty that
it may be enadted ; and be it enSfled by the King's mod excel-
lent majefty, by and with the advice and confent of the lords
fpiritual and temporal, and commons, in this prefent parlia- ^
ment aflembled, and by the authority of the fame, That the [^^f ^/Yh^g"
faid recited ads, paffed in the tenth and eleventh years of his ^a/^
prefent Majefty, fhall be, and are hereby made, perpetual.

CAP. XVI.

An a(5l for amending and rendering more efFetoal an a6i:, made in the
thirtieth year of the reign of his late majefty King George the Second,
(intituled, An a6l for draining and preferving certain fen lands, low-
grounds, and commons, in the townfliips or hamlets of March and
Wimblington, and in the pariOi of Upwell, in the Ifle of Ely, and
county of Cambridge,) fo far as the fame relates to the feveral fen
lands and low grounds lying in the fixth dillrid, in the faid a6t de-
fer i bed.

Preamble. A6t 30. Geo. 2. CommifTioners may lay an additional Tax.
Penalty on not paying of Taxes, Claufe repealed in former a6ls relating
to qualification of commifrioners. Qualification of commifiioners. Own-
ers of fixty acres of feveral lands, or four lots or doles, may appoint an
a^ent to a(51: as a commiiTioner. Joint owners of feveral lands, &c. may
appoint agents. CommifTioners may put the former a61:, in the fixth
diltrift, and this a6l, in execution. For borrowing money. Not to afFec^l
the creditors under former a61: . What fum may be borrowed. Charges
of the 3(51 how to be paid. No money to be applied at fuch times as the
inteieft due on the money borrowed (hall be behind and unpaid. Penalty
if the treafurer or receiver do not pay the intereft when demanded. Com-
miflioners impowered to fell mills or engines. Engines and mills may be
infured from fire. Diftrefs not unlawful for want of form, &c. Form of
conviction. The claufes of the former a6t extended to this ad. Limi-
tation of Anions, Generaliflue. Treble colts. Publickaa:.

C A P.

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33^ Anno decimd quarto Georgii III. c. 17--.19, [1774.

Preamble*

Regulations,
atrer June i,
J774, to be
obferved in
lading on the
ilioreof Bof-
ton.

CAP. XVIL

An aft for appointing com miiTi oners to pm in execution an a«5l of this
felTion of parliament, intiru]e.i. An a6t for granting an aid to his M-^~ .
)efty by a land tax, to be railed in Great Britain, for the fervice of the
year one thoufand feven hundred and feventy-tour, together with thofe
named in tv\o former a6ls for appointing comnuiTioners of the l^nd
Tax. • -

C A P. XVIII.

An aft for defraying the charge of the pay and cloathing of the mih'tia in
that part of Great Britain called England, for one year, beginning vhe
twenty- fifth day of March, one thoufand (even hundred apd feventy-
four.

C A P. XIX,

jfn Q6i to difcontinue^ in fiich manner^ and for ftuh time as are
therein mentioned^ the landing and di/charging^ lading or /hipping^
of goods ^ wares ^ and merchandife^ at the tozvn^ and within the
harbour^ of Bofton, in the province (t/'. Madachufet's Bay, in
North America.

H E R E A S dangerous commotions and i?tfurreclions have '
been fomented and raifed in the town of Bofton, f;/ the pro-
vince of yiz^2c\\\y{^l\ Bay, in New- England, by divers ill-affelted
perfons^ to the Jiibverfion of his Majefly's government ^ and to the
utter deflruolion of the public k peace ^ and good 'order of the faid
iozvn ; in which commotions and inJurrs5tions certain valuable cargoes
of teas ^ being the property of the Eall India Company, and on board
certain vejfels lying ivithin the bay or harbour of Bofton, were
fcized and deftroyed : And whereas^ in the prefent condition of the faid
town and harbour ^ the commerce of his MajeflysfubjeBs cannot be
fafely carried on there^ nor the cuflorns payable to his Majefy duly
colleBed ; and it is therefore expedient that the officers of his Majejlys
cujhms Jhould be forthiuith removed from the faid town : May it
pleafe your Majefty that it may be enacffed ; and be it enadled
by the King's mofi: 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 firfi: day of June^ one
thoufand feven hundred and feventy-four, it fhall not be lawful
for any perfon or perfons whatfoever to lade^put, or caufe or
procure to be laden or put, off or from any quay, wharf, or
^ other place, within the faid town of Boflon^ or in or upon any
part of the &ore of the bay, conn monly called The Harbour of
Bofton^ between a certain headland or point called Nahont Pointy
on the eaftern fide of the entrance into the faid bay, and a cer-
tain other headland or point called Alderton^ Pointy on the weft-
ern fide of the entrance into the faid bay, or iia or upon any
ifland, creek, landing place, bank, or other place, within
the faid bay or headlands, into any (hip, veffel, lighter, boat, or
bottom, any goods, wares, or aierchandife whatfoever, to be
tranfported or carried into any other country, province, or

place

Hosted by Google

1774-1 Anho decimo quarto Georgii HI. c. 19, 337

place whatfoever, or into any other part of the faid province of
the Mdjfachufet' s Bay^ in New England}, or to take up, difcharge,
or Jay on land, or caufe or procure to be taken up, difcharged,
or laid on land, within the faid town, or in or upon any of the
places aforefaid, out of any boat, lighter, (hip, v^^t\^ or bottom,
any goods, wares, or merchandife whatfoever, to be brought
from any other country, province, or place, or any other part ^
of the faid province of the Majjachujet' s Bay m New En gland ^
upon pain of the forfeiture of the faid goods, wares, and mer-
chandife, and of the faid boat, lighter, fhip, vefTel, or other
bottom into which the fame (hall be put, or out of which the
fame fhall be^-4aken, and of the guns, amnvanition, tackle,
furniture, and ftores^ in or belonging to the fame: And if any
fuch goods, wares, or merchandife, /hall, within the faid town,
or in any the places aforefaid, be laden or taken in' from the
ihore into any barge, hoyj lighter, wherry, or boat, to be
carried on board any fliip or vefTel outward-bound to any other
country or province, or other part of the faid province of the
MaJJachufefs Boy in New England^ or be laden or taken into
fuch barge, hoy, hghter, wherry, or boat, from or.outof any
(hip or vellel coming in and arriving from any other country or
province, or other part of the faid province of the Majfachufef s
Bay in New England^ fuch barge, hoy, lighter, wherry, or boat,
fliall be forfeited and loft.

II. And be it further enacSled by the authority aforefaid, penalty, if the
That if any warfinger, or keeper of any wharf, crane, or quay, wharfingers,
or their fervants, or any of them, ihall take up or land, or oi* Perrons af-
knowingly fuffer to be taken up or landed, or (hall fhip off,, or^^^^"&» ^"^'^^
fuffer to be waterborne, at or from any of their faid wharfs, w^terborne
cranes, or quays, any fuch goods, wares, or merchandife j in contrary to*
every fuch cafe, all and every fuch wharfinger, and keeper of fuch the faid regu-
wharf, crane, or quay, and every perfon whatever who fhall be ^^^^o^^.
aflifting, or otherwife concerned in the (hipping or in the load-
ing or putting on board any boat, or other vefTel^ for that

purpofe, or in the unfhipping fuch goods^ wares, and merchan-
dife, or to whofe hands the fame (hall knowingly come after the
loading, (hipping, or unfhipping thereof, fhall forfeit and lofe
treble the value thereof, to be computed at the higheft price
which fuch fort of goods, wares, and merchandife, (hall bear
at the place where fuch offence (hall be committed, at the time
when the fame fhall be fo committed, together with the vefTels
and boats, and all the horfes, cattle, and carriages, whatfoever
made ufe of in the fhipping, unfhipping, landing, removing,
carriage, or conveyance of any of the aforefaid goods, wares,
and merchandife. .

III. And be it further ena^ed by the authority aforefaid. Power of the
That if any (hip or vefTel fhall be moored or lie at anchor, admiral, chief .
or be feen hovering within the faid bay, defcribed and bounded commander,
as aforefaid, or within one league from the faid bay fo defcribed, ;

or the faid headlands, or any of the iflands lying between

gr within the fame, it (hall and may be lawful for any admiral,

3 chief

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3Z^

This aa not
to extend to
n-iilitary
ftores, nor to
fuel, &c for
the ole oKthe
inhabitants.

Seifures, Pe-
nalties, &c.
to be profe-
cuted by any
admiral, &c.

«;oo/. Penalty
on perfons
conniving at
the lading or
unlading of
goods, &c,

Anno decimo quarto Georgii III. c. 19. [1774.'

chief commander, or commiffioned officer, of his Majefty's
fleet or (hips of war, or for any officer of his Majefty's cuftomsj^
to compel fuch (hip or veffel to depart to fome other port
or harbour, or to fuch ftation as the faid officer Ihall appoint,
and to ufe fuch force for that purpofe as (hall be found necef-
fary: And if fuch fliip or veitel (hall not depart accordingly,
within fix hours after notice foi that purpofe given by fuch
perfon as aforefaid, fuch fhip or veffel, together with all the
goods laden on board thereon, and all the guns, ammunition,
tackle, and furniture, fhall be forfeited and loft, whether bulk
Ihall have been broken or not.

IV. Provided always. That nothing in this a6l contained
fhall extend, or be conftrued to extend, to any military or
other ftores for his Maje(ly's ufe, or to the (hips or veffels
whereon the fame (hall be laden, which fhall be commiffioned
by, and in the immediate pay of, his Maje(iy, his heirs or fuc-
ceffors ; nor to any fuel or victual brought coaflwife from any
part of the continent of America^ for the neceffary ufe and
fuftenance of the inhabitants of the faid town of Bojlon^ pro-
vided the veffels wherein the fame are to be carried (hall be
duly furni(hed with a cocket and let-pafs, after having been
duly fearched by the proper officers of his Majefty's cuffoms at
Marhlehead^ in the port of Sakm^ in the faid province of Maffa-
chufefs Bcjy ; and that fome officer of his Majefly's cuftoms be
alfo there put on board the faid veffel, who is hereby authorifed
to go on board, and proceed with the faid veffel, together with
a fufficient number of perfons, properly armed, for his defence,
to the faid town or harbour of Bojfon ; nor to any ihips or vef-
fels v4iich may happen to be within the faid harbour of Bojion
on or before the firft day of June, one thoufand feven hundred
and feventy four, and may have either laden or taken on bo'ard,
or be there with intent to load or take on board, or to land or
difcharge any goods, v^ares, and merchandife, provided the faid
fhips and veffels do depart the faid harbour within fourteen
days after the faid firft day o^June^ one thoufand feven hundred
and feventy-four.

V. And be it further ena6led by the authority aforefaid.
That all feizures, penalties, and forfeitures, inflided by this
a<5t, fhall be made and profecuted by any admiral, chief com-
mander, or commiffioned officer, of his Majefty's fleet, or
fhips of war, or by the officers of his Majefty's cuftoms, or
fome of them, or by fome other perfon deputed or authorifed,
by warrant from the lord high treafurer, or the commiffioners
of his Majefly's treafury for the time being, and by no other
perfoti whatfoever : And if any fuch officer, or other perfon
authorifed as aforefaid, fhall, diredly or indire6lly, take or
receive any bribe or reward, to connive at fuch lading or
unlading, or fhall make or commence any coUufive feizure,
informanon, or agreement for that purpofe, or fhall do any
other adl whatfoever, whereby the goods, wares, or merchan-
dife, prohibited as aforefaid, fhall be fufFered to pafs, either

inwards

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J 774-] Anno decimo quarto GeoRGII III. C 19. 339

itiwards or outwards, or whereby the forfeitures and penalties
infliiRed by this ad may be evaded, every fuch offender (hall
forfeit the (urn of five hundred pounds for every fuch offence,
and fhall beconae incapable of any o(nce or employment, civil
6r military ; and every peffon who fhall give, offer, or promife,
any fuch bribe or reward, or fhall contrad:, agree, or treat with
any perfon^ fo authorifed as aforefaid, to commit any fuch
offence, fhall forfeit the fum of fifty pounds.

VI. And be it further enaded by the authority aforefald,

That the forfeitures and penalties inflided by this ad: fhall and ?.^."^V|^^ '":
may be profecuted, fued for, and recovered, and be divided, ^^ hovv^to be
paid, and applied, in like manner as other penalties and forfei- profecuted,
tures inflided by any ad or ads of parliament, relating to the Sec*
trade or revenues of the Britijh colonies or plantations in
America^ are direded to be profecuted, fued for, or recovered,
divided, paid, and applied, by two feveral ads of parliament,
the one palTed in the fourth year of his prefent Majefly, (inti-
tuled. An aB for granting certain duties in the Britifh colonies and
plantations in America ; for continuing^ amending^ and maki?ig per-
petual^ an a 51 pa [fed in the ftxth year of the reign of his late majefy
King George the Second^ intituled^ An ad for the better fecuring
and encouraging the trade of his Majefly's fugar colonies in yf-
Tfi erica : for applying the produce of fuch duties^ and of the duties to
arife by virtue of the [aid a5i:, tozvards defraying the expences of de^
fe?jding^ prot effing ^ and fecuring^ the faid colonies and plantations ^
for explaining an aSi made in the twenty-fifth year of the reign of
King Charles the Second^ intituled^ An ad for the encouragement
of the Greenland and Eaflland trades, and for the better fecuring
the plantation trade ; and for altering and difallowing feveral
drawbacks on exports from this kingdom^ and more ejfe^fually prevent-
ing the clandefline conveyance of goods to and from the faid colonies and
plantations^ and improving and fecuring the trade between the fame
and Great Britain 5) the other paifed in the eighth year of his
prefent Majei^y's reign, (intituled, An a5l for the more eafy and
effe^Jual recovery of the penalties and forfeitures infli5led by the a5is
of parliament relating to the trade or revenues of the Britifh colonies
and plantations in Ps.mtnQ2i.)

VII. And be it further enaded by the authority aforefaid,Th3t Charter party
every charter party bill of loading, and other contrad for con- billsof loading
figning fhipping, or carrying any goods, wares, and merchan- to be void,
dize whatfoever, to or from the faid town of Boflon^ or any part

of the bay or harbour thereof, defcribed as aforefaid, which have
been made or entered into, or which fhall be made or entered
into, fo long as this ad fhall remain in full force, relating to any
fliip which fhall arrive at the faid town or harbour, after the firfl
day oijune^ one thoufand feven hundred and feventy-four, fhall
be, and the fame are hereby declared to be, utterly void, to all
intents and purpofes whatfoever. His Majefty,

VIII. And be it further enaded by the authority aforefaid, the b^v^%
That whenever it fhali be made to appear to his Majefly, in his Boi^oZ^m^y
privy council, that peace and obedience to the laws fhall be fo by pro'clamal
far reftored in the faid town of Bofion^ that the trade of Great ^^o"' appoint

Vgi., XXX. A ^ mtm ^^' ^^»^^^»

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Sio Anno decimo quarto GeoRGII III. C. 19. [1774.'

Britain may fafely be carried on there, and his Majefty's cuftoms
duly colleaed, and his Majefty, in his privy council, (hall ad-
judge the fame to be true, it ihall and may be lawful for his
Majefty, by proclamation, or order of council, to affign and ap-
point the extent, bounds, and limits, of the port or harbour of
Bojlo'tiy and of every creek or haven within the fame, or in the
iflands within the precinds thereof^ and alfo to alTign and ap-
point fuch and fo many open places, quays, and wharfs, within
the faid harbour, creeks, havens, and iflands, for the landing,
.difcharging, lading, and fliipping of goods, as his Majefly, his
heirs or fucceffors, (hall judge neceflary and expedient; and alfo to
appoint fuch and fo many officers of the cuftoms therein as his
Majefty (hall think fit; after which it (hall be lawful for any
perfon or perfons to lade or put off from, or to difcharge and
land upon, fuch wharfs, quays, and places, fo appointed within
the faid harbour, and none other, any goods, wares, and mer-
chandife whatever.
Provifo as to IX. Provided always. That if any goods, wares, or merchan-

?^?„ ' f ?• , dize, fhall be laden or put off from, or difcharo-ed or landed up-
Jaden or land- ^, i , *^ , i r ^ i ' r ;

ed on places ^"> ^^Y ^^"^^ P^^^^ ^"^^ ^^^^ quays, wharfs, or places, fo to be
proiiibitedj appointed, the fame, together with the Chips, boats, and other
veiTels employed therein, and the horfes, or other cattle and car-
riages ufed to convey the fame, and the perfon or perfons con-
cerned or a(rifling therein, or to whofe hands the fame fhall
knowingly come, (hall fufFer all the forfeitures and penalties im-
pofed by this or any other acSton the illegal Ihipping or landing
of goods.
Not to extend ^' Provided alfo, and it is hereby declared and enaded, That
to enable his nothing herein contained fl:iall extend, or be conftrued, to enable
Majeity to ap- j^]s Majefty to appoint fuch port, harbour, creeks, quays, wharfs,
creTks^&c^till P^^^^s, or officers, in the faid town of Boflon^ or in the laid bay
fatisiaaion be or iflands, until it (hall fufficiently appear to his Majefly that full
made to the fatisfadion hath been made by or on behalf of the inhabitants of
Eait India the faid town of Bo/Io?2 to the united company of merchants of
company. jE';^^/^/?^ trading to the Eaft Indies^ for the damage fufl:ained by
the faid company by the deftru(5lion of their goods fent to the
faid town of Bojlon^ oh board certain fhips or veflels as aforefaid ;
and until it fhall be certified to his Majefl:y, in council, by the
governor, or lieutenant governor, of the faid province, that rea-
fonable fatisfac5tion hath been made to the officers of his Ma-
jefl:y's revenue, and others, who fuffered by the riots and infur-
recftions above mentioned, in the months of November and De-
cember^ in the year one thoufand feven hundred and feventy-three,
and in the month of. "January^ in the year one thoufand feven
hundred and feventy-four.
limitation of ^^' -^"^ ^^ ^^ further enadted by the authority aforefaid, That
actions. if any adlion or fuit fhall be commenced, either in Great Britain

or America^ againfl: any perfon or perfons, for any thing done in
purfuance of this a(5l of parliament, the defendant or defendants.
General ifTue, i" ^^^h a6lion or fuit, may plead the general iflue, and give the
iaid ad, and the fpecial matter, in evidence, at any trial to be
a had

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1774- J Anno decimo quarto Georgii III. C. 20, 341

had thereupon, and that the fame was done in purfuance and by

the authoriry of this a<ft : and if it fliall appear fo to have been

clone, the jury fliall find tor the defendant or defendants; and

if the plaintiff fhall be nonfuited, or difcontinue hi^ adion, after

the defendant or defendants (hall have appeared : or if judgment

fliall be given upon any verdlc5i or demurrer, againft the plaintiff,

the defendant or defendants fhall recover treble cods, and have Treble coils.

the like remedy for the fame, as defendants have in other cafes

by iav^.

CAP, XX.

J;i a5ifor the relief of prjfoners charged with felony^ or other crimes^
who J})all be acquitted or d if charged by proclamation^ refpetling the
payment of fees to gaolers^ and giving a recompence for fucb fees^
out of the county rates*

WHEREAS perfons in cvjlody for felonies^ or other crimes^ Preamble.
or on fufpicion thereof or as accpffaries thereto^ though no
hills of indi^ment are afterivards preferred or found againji them^ or
they are acquitted on their trials^ are n ever thelefs frequently detained
for certain fees to the fheriffs^ gaolers^ or keepers of prifons^ in whofe
cujhdy they happen to be^ which is both oppreffive and unjujl : for re-
medy whereof, may it pleafe your Majefly that it may be en-
acted; and be it enacSled by the King's inoft 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 every prifoner who now Prifoners
is, or hereafter (hall be, charged with any felony or other crime, charged with
or as an acceffary thereto, before any court holding criminal ^^^^"y ^''
jurifdiaion, within that part of Great Britain called England and 1^,1 ^^ Yan^Jf ^
Wales, againft whom no bill of indictment fliall be found by the for wa^nc of'
grand jiiry, or who, on his or her trial, (hall be acquitted, or profecation to
\yho fhall be difcharged by proclamation, for want of profecu- ^^^^^^^^^^S^-
tion, (hall be immediately fet at large in open court, without
the payment of any fee or fum of money to the fheriff, gaoler,
or keeper of the gaol or prifon, from whence he or flie fliall be
fo difcharged, and fet at liberty, for or in refpect o^ fuch dif-
charge.

II. And be it further enaaed by the authority aforefaid, That sheriffs, gaol,
all fuch fees as have been ufually paid, or payable, to the feveral ers, or keep- '
rtierlffs, gaolers, and keepers of prifons in England and PFales^^^'^^ fees, abo-
in any of the cafes aforefaid, fliall abfolutely ceafe, and the fame^^^'^^'

are hereby aboliihed and determined 3 and from and after the
pafling of this act, no gaoler, or keeper of any goal or prifon,
Ihall afl£, demand, take, or receive, any fum or fums of money
from any of the faid prifoners, as fees, for, upon, or in refpedt
of his or her difcharge.

III. And be it further enabled by the authority aforefaid. That, The treafurert
in lieu of fuch fees fo aboliflied as aforefaid, the treafurers, or ?f ^^^'^^^"^^
other proper ofScers of the feveral counties, or of fuch diftr ids, faffed I? "^""^
hundreds, ridings, or divifions, of a county, as are not ufually large, on re.

A a ^ ^ifleffed <^«»f t of a cer.

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342 Anno dcclmo quarto Georgii Ilf. C.21. [1774.

tificate, iignedaflefied to the county at large, and of fuch cities, towns corpo-

^y^^ji'^^S^^^^Tate, cinque ports, liberties, franchifes, and places, as do not

fuch gaolers P^)' ^° ^^^^ ^^^^^ ^^ ^^^ feveral counties in which they are refpec-

not exceedingtively fituated, (hall, on receiving a certificate, figned by one or

13s. 4d. in forejudge or juftice, before whom fuch prilbner (hall have been

lieu ot iuch difcharged as aforefaid, (which certificate the judge or juftice is

hereby required to give), pay out of the rates of fuch county,

or of fuch diftrid, hundred, riding, or divifion, or out of the

publick ftock of fuch city, town corporate, cinque port, liberty,

franchife, or place, fuch fum as has been ufually paid upon that

occafion, not exceeding thirteen (hillings and four pence for every

prifoner fo difcharged as aforefaid, to the (herifF, gaoler, or

keeper of the prifon, whence the faid prifoner fliall have been

difcharged as aforefaid ; which feveral fums fo paid in purfuance

of this ad, (hall be refpe6tively allowed to the faid treafurers

and officers by theju(\ices before whom their accouHts (hall be

pafTed.

CAP. XXL

J/i 0^ for more effe^ually carrying into execution certain propofah^
made by the mojl noble Henry duke of Buccleugh, the mojl noble
Charles duke of Queenfberry and Dover, and others^ for re^
deeming the annuities granted by the company of the bank of Ayr ^ in
that part ^ Great Britain called Scotland, known under the firm
^Douglas, Heron, and Company.

Preamble. \\7 HER E AS the moji noble Henry duke of Buccleugh, the
VV moft noble Charles duke of Queenfberry and Dover, the
right honourable Patrick earl of Dumfreis, Archibald Douglas of
Douglas efquire^ and a confiderable number of other per fom^ didy in
the year of our Lord one thoufand feven hundred and Jlxty nine^ enter
into a partnerjbip^ and fubf crib e a capital or flock of one hundred and
fixty thouf and pounds y or thereabouts^ for carrying on the bufmefs of
banking in that part of Great Britain called Scotland, under the
firm of Douglas, Heron, and Company, with intention chiefly of
improving manufaBures and agriculture^ by accommodating and ex^
tending the credit of the manufacturers and farmers of that part of the
kingdom: and whereas ^ by too great an enlargement of the credit given
to the manufacturer Sy farmers^ and others^ the partnerfi)ip did^ in
June, one thoufand J even hundred and feventy tiuo^ come to be in
great want of money to fatisfy the demands made upon them^ owing
to the check given to credit by the many bankruptcies that happened at
that time in different parts of this kingdom : and whereas the copart^
tiers in the faid company ^ in order to raife money to fatisfy the demands
upon them^ and thereby prevent the bankruptcy of many ^ which their
flopping payment zvould necejfarily have occafwied^ did raifcy on grants
ing annuities for one and two lives^ the fum of four hundred and fifty
thoufand pounds^ and upvjaris^ fubjeCt to a power given by the pur^
chafers of the faid annuities^ by verbal agreement^for the faid copart^-
tiers to redeem the faid annuities^ by repaying the purchafe-money

mgimlly givm for th^ faid mnuitks^ md m hctlf-yeafs amuicy

moret

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I774«] Anno declmo quarto Georgii III. c.21. 343

more^ as a premium for fuch power of redemption : and whereas thi

faid copartner s^ in order to extricate their affairs^ and to enable them

to redeem their [aid annuities ^ did^ at a general meetings held on the

fiuelfth day of kug\ji% one thoufand /even hundred and feventy three ^

refolve to difcontinue the faid banking hufinefs^ and nominated and

appointed the perfons following^ being twelve of the copartners^ or any

three of them ^ to be a committee^ with power to do every thing necef

fary for managing and winding up the affairs of the partner/hip that

could be done by the refolutions of a general meetings videlicet. The

faid Henry duke of Buccleugh, the faid Charles duh ^Queenf-

berry and Dover, Archibald Douglas <?/ Douglas, John Hamil-

tod of Sundrum, Alexander Fergufon of Craigdarroch, Hay

Campbell, David Fergufon, Alexander Wight, John Campbell,

Andrew Crofbie, George Home, and Alexander Mockonochie,

efquires: and whereas^ at another meeting of the faid copartners^ held

on the twenty 'firjl day (?/December, one thoufand f even hundred and

feventy three ^ the p er f on s following were added to the faid committee y

videlicet, Thomas Lockart ^w/r^, commiffwner of excife^ ^/zijohn

, Syme, writer to the fignet^ and any five of the faid committee were

declared to be a quorum^ for executing all buftnefs : and whereas the

the faid committee^ after much confideration of the mofl proper and

effehual method of redeeming the faid annuities^ finding it was im-

pojjible to raife any confider able fum for. that purpofe out of the funds

of the partnerfi)ipy without bringing great dijlrefs upon their debtors y

and injuring the credit of that part of the kirigdom where they chiefly

refided^ did call a meeting of the annuitants together^ on the ninth day of

February, one thoufand feven hundred and feventy four y and^eliver to

them^ in writings the following prgp of ah: Firfl^ That his grace the

duke ^/ Buccleugh, the duke ^/ Queen&erry, Archibald Douglas,

efquircy and others ^ being the prefent committee^ chofen and appointed

by a general meeting of proprietors at Edinburgh, to manage the af^

fairs of the faid meffteurs Douglas, Heron, and Company, do exe^

cute bonds of fifty pounds each ffome few broken f urns except ed^ to the

amount of the original fums paid for the faid annuities y with the ad--

dition of half a ye^r^s purchafe^ or fifty pounds more^ on every an^

nuity of one hundred pounds^ and pro rata for every greater or hjfer

annuity y the faid committee binding themfelvesy and their heirs and

executors y and having a power to bind all the partners of the faid

company y and their heirs and executors, to the due performance of the

obligations in the faid bonds : Secondly y That the faid bonds of fifty

pounds eachy carrying an inter efl of five pounds per hundred pounds^

be made payable to a p erf on namid^ his ex editors y adminijiratorsy or

(iffignSy by indorfementy and rendered to all intents and purpofes nego^

tiable and vendibky like Eaft India bo?idSy navy, and exchequer billsy

or any effects of a fimilar tiature : Thirdy That as the principal of

the faid bonds y the premium of redemption includedy is ejiimated nearly

at four hundred and eighty thoufand pounds, the intereji at five per

centum thereon is twenty-four thoufand pounds per annum, it is

further propofedy that fpecifick eflates in land unentailed in Scotland^ .

to the clear amount in rent of thirty -two thoufand pounds per annum,

^ upwards^ befubje^iedy by mortgage, as a corroborative fecurity for

A a 3 the

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344 Anno decimb quarto Georgii III. C.21. [1774.

the difcharge^ of the principal and inter eft of the faid bonds ; that is to
f^y. Of the inter eft every half-year in London ; and of the principal
by four inftaJments^ videlicet, One fourth part^ as nearly as the
whole may be conveniently divided^ at Midfummer, one th ouf and f even
\hundred and feventy eight: One fourth part.at Midfummer, one
ihoufvid feven hundred and feventy nine \ One fourth part ^z Mid-
fummer, one thoufand feven hundred and eighty ; and the lajl^ whe-
ther fomething more or lefs than a fourth^ at Midfummer, one thou-
fandjeven hundred and eighty two : Fourth^ That the care of invefli- '
gating the titles and values of the [aid eft ate s in lands^ and of executing
the fecurities in due form^ be left to James Montgomery efquirey '
lord advocate^ and Henry Dundas efquire^foUcitor general, ^/Scot-
land, with the approbation^ and under the infpe^ion^ ^/Alexander
Wedderburn efquire, folicitor general of England, aitd Jofeph,
Banks, ^/Lincoln's Inn, efquire^ upon ihe recent precedent of a ft- .
tnilar tranfaSJion, when a loan of four f core thoufand pouftds was fur-- ,
nifhed to the faid company on the fecurity of other landed eflatcs^ under
the care^ and by^ the advice^ of the fame learned gentlemen : Fifths
That after the faid landed e fates ^ in the prefentinftance^ to the amount ^
in rent^ of thirty two thoufand pounds per annum, or fo much thereof .
cs fJoall he adequate to the claim of fuch annuitants as flmll fubfcribe
their affent to thefe propofals^ fl)all have been approved of by the faid.
four learned gentlemen^ the mortgage deeds^ called Heretable Bonds in
ScotHnAjhallbemadeoutandafftgnedtoftrW\\XumlltnxyA(hm{ky
one of the judges of his Majeftys court of Icing's bench ^ the faid lord
advocate and folicitor general of Scotland, the faid Alexander Wed-
derburn folicitor general of England, Jofeph Banks, Richard
Glover, and Alexander Mackonochie, efquires^ or to any other
perfons in Scotland or England, in number more or lefs^ at the
■eU5iion of the aimuitants themf elves ^ for the fpecial purpofe of being
iruftees, and holding the faid e flat es of thirty tiuo thoufand pounds^
clear rent^ in behalf of the annuitants^ for the full and due perforjnance
of the obligations in the faid bonds ^ which are to be fubftitutedin lieu of
the anniiii'ies by the faid committee ofmeffieurs Douglas, Heron, and
Company : Sixths That in cafe the faid annuitants^ or any number
cf them, flmll accept ofthefe offers, arid oftj^e before-named J even per-
fons as truftees for all or fuch proportion of the faid mortgages asftall
■be adequate to the claim of fuch number as fhall fubfcribe their affent ^
it is further provided and ear neftly defired, that they will appoint three
or five gentlemen^ of their ov)n body^ to infpe5l all the proceedings re-
lative to this tranfa5iion, and to report the fame at a publick meeting
to be called by the infpe^ors : Se^enth^ That when, with ihe approba-
tion and loncurrence of the faid infpe^ors^ all the premifes above men-
tioned fl^all have paffed the regular forms, and the holders of annuities
fJ?allbepiit in poffeffton of bonds to the amount of feven hwidred and
fifty pounds for an annuity of one hundred pounds on one life, and eight
hundred and fifty pounds for an annuity of one hundred pounds on tivo
fives ^ and pro vztz for every greater or leffer annuity ; and when they
fhall have received in money whatever is accrued and due for the an-
nuities down to the date of the neiu bonds ; that then the old bonds and
fudgments^ or other fecurities^ by which they claimed their faid dn-

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I774-1 Anno decimo quarto Georgii III. c, 21. 345

mities, Jhall be given up, and fatisf anion acknowledged on the /aid
judgments : Eighth, That in cafe any of the annuitants, who Jhall figti
their ajfent to thefe propofals, jhould die before the final execution of
the fame, all the benefit thereof flmll remain to their heirs and execu-
tors, as fully and effeaually as if the original annuitants were aSiually
alive ; but if 'he^faid propofals fl)Ould not be made good, in that cafe
the prefcnt annuiiantsfioaU remain in the fame fiate of annuitants they
now are : Ninth, That parliament fhall be applied to for an aSf, under
vjhofe fanSiion and authority the bonds may be lawfully ijfued: and
whereas, the annuitants prefent at the faid meeting having taken the
faid propofals into confideration, did unanimoufly agree to the fame, and
the following memorandum was then fubfcribed by many of the faid
annuitants prefent, and hath fince been fubfcribed by many others zvho
were not then prefent; videlicet, London, ninth February, one
thoufand feven hundred and feventy four. We underwritten
purchafers of annuities from meffieurs Douglas, Heron, and Cofn-
pany, confent and agree to the within propofals for the redemp-
tion of the fame, and approve of the truftees named in the fifth
article; and, in conformity with the fixth, appoint (vc Thomas
Frankland baronet, Martin Bladen Hawke efquire, George Demp-
fter efquire, Peregrine Cuft efquire, and Daniel Giles eiquire, to
be our infpeaors over all proceedings relative to the execution
of the faid propofal : and whereas it ivould greatly facilitate the re-
deeming the faid annuities, and fave much trouble and expence to the
faid copartners, if the committee appointed for fettling the affairs of
the faid coparinerjhip, or any five or more of them, were enabled toifiue,
bonds for fecuring the payment to the refpeBive annuitants of the-
principal money and inter efl, according to the faid propofals, or to raife
money th a- eon for the redemption of the faid annuities, and to make tbe^
faid bonds negotiable by indorfement thereon ; hut it being apprehended
•that the fame cannot be rendered effectual to anfwer _ the intention of,
the parties, or the faid propofals carried into exetutton, without the
aid and authority of parliament ; may it therefore pleafe your Ma-
ieftv that it may be enafted ; and be it enaded by the King s
moft excellent majefty, by and with the advice and confent ot ,
the lords fpiritual and temporal, and commons in this prefent
parliament affembled, and by the authority of the fame. That i^iej:omm.t
it (hall and may be lawful to and for the faid H^^'J duke of bonds.
Buccleugh, Charles duke of ^eenfl,crry 7^m\ Dover, Archibald
Douglas of Douglas, efquire, John Hamilton of Sundrmn, Alexander
Fergufon of Craigdarroch, Iky Campbell, David Fergufon, Alexander
Wight, John Campbell, Andrew Crofbie, George Home, Alexander
Mackonochie, Thomas Lockbart, and John Syme, or any five of
them, (of which the faid Henry duke of Buccleugh,, Charles duke
bf 3ueenjierry and Dover, and Archibald Douglas of Douglas, ef-
qui^, or any two of them, or the furvivor of them, fhall be
three, two, or one, as the cafe may happen), to execute and
iffue bonds for the payment of any fum or fums of money, not
exceeding in the whole five hundred thoufand pounds, for re-
deeming the annuities fo granted by the partneraup of Douglas,
Heron, and Company, as aforefaid, or for raifing money thereon
for redeeming the faid annuities, or any part thereof} each ot

A a 4 which

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.Form of the
bonds.

34^ Anno decinno quarto GeoRGII III. G. 2 1 J [1 774,

wbiGh raid bonds (hall not be for fecuring Icfs than fifty pounds
and interell, and ihall be conceived in the following words, or
words to the like efFed J (that is to fay,)

Know all men, hy thefe prefents^ That we
being a quorum of the committee^ nominated and appmted by the co*
partners of the partner/hip in Scotland, which pa ft under, the firm of
Douglas, Heron, and Company, with power to do all things ne^
ceffary for extricating the affairs of^ the faid company^ are held and
firmly bound to in the fum of

of lawful money ^^ Great Britain; for the due payment whereof we
hind the faid company^ and ourf elves ^ and each of us ^ and our and each
of our beirsy executors^ and ad^Jnifirators^ and the copartners of the
/aid copartnerjbip^ and each ofthem^ and their and each of their heirs y
executors^ and adminiflrators refpe5tively. Witnefs our hands this
day of one thouf and f even hundred

and

The condition of the above-y;rrittei> obligation is fuch. That
if the faid or any of them, or the faid meflieurs

Douglas^ Heron^ and Company ^ do and fhall well and truly pay, or
caufe to be paid, unto the faid
his executors, adminiftrators, or afligns, the fum of
of lawful money of Great Britain^ at or on the Royal Exchange in
the city oi London^ on the day of

which will be in the year of our Lord one thoufand feven hun-
dred and with intereft for the fame in the
mean time, at the rate of per centum per annum^ in
London^ by two half-yearly payments; that is to fay, On the;
day of and daj of
in every year, by even and equal portions, free;
from all taxes and dedu6tion$' whatfoever, the lirft payment
thereof to be made on the day of
next enfuing the date of the faid obligation, then the faid obli-
gation (hall be void, or elfe to remain in full force and virtue.

Bonds to be Which bonds fo to be given (hall be numbered, beginning with
nambered, number I. and fo proceeding in arithmetical progrefTion, and
fball be entered in a book, to be kept for that purpofe, by Kenneth
McKenzie of Spring Gardens^ in the city of Wejlminfler^ efquire,
without fee or reward, or by fuch other perfon as (hall be ap-
pointed by the faid infpedors; and which bonds (hall be iri-
fpeded and approved of by any one of the faid infpedors in the
following words : / have infpeSled^ and approve this bond*

II. Provided always. That prior to the iflliing of the faid bonds,
heretable fecurity (hall be granted and conftituted to fir William
Henry jSjhurJi knight, fames Montgomory^ Alexander Wedderhurn^
Henry Dundas^ Jofeph Banks^ Richard Glover^ and Alexander
Machnochie^ efquires, in truft, in terms of the propofals before
ipentioned.

^ IIL And be it further enadted by the authority aforefaid. That

all

Heretable fe-
curities to be
granted to
trullees. '

All bonds
given by the

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X774-1 Anno decimo quarto GeoRGIi ill. c.21. 347

all bonds to be given by the faid Henry duke of Bucckugh, Charles truftees to be

duke of ^eenjberry and Dover, Archibald Douglas of Douglas ^^ 3 ^^^ ftamp''

efqulre, John Hamilton of Smdrum, Alexander Fergufon of Craig-

darroch. Hay Campbell, David Fergufon, Alexander fVight^ John

Campbell, Andrew Crofbie, George Home, Alexander Mackondchicy

Thomas Lockhart, and John Syme, or any five of them, (of which

the faid Henry duke of Buccleugh, Charles duke of ^eenjberry

and Dover, and Archibald Douglas of Douglas efquire, or any

two of them, or the furvlvor of them, (hall be three, two, or

one, as the cafe may happen), (hall be upon parchment or

paper, with a ftamp pf two (hillings and fixpence; and (hall be ^^^^^ to be

alFignable by indorfement upon the original bond without (lamps, transferrable

to any perfon or perfons whomfoever^ and fuch bond or bonds by indorfe-

may, in like manner, be again afTignablp by indorfement, with- ft^mpsT *^

out (lamps, as aforefaid, and fo toties quoties, as often as occa(ion

{hall be or require: and that fuch indorfee or indorfees of fuch Indorfees may

bond or bonds (hall and may, and they are hereby impowered bring anions

to bring any aaipn or anions, fuit or fuits, at law, or in equity, reco^ry of

in his, her, or their name or names, againft the perfons fo giving their money4

fuch bond or bonds as aforefaid, or ai^y of them, their or any of

their heirs, executors, or adminiftrators, Ofany other of the faid

copartners of the faid copartner(hip, their or any of t^eir heirs,

pxecutors, or adminidrators, for the recovering and receiving

the feveral fums of money for which fuch bond or bonds (hall

be fo given, and the intereft refpedlively due for the fame, as

fully and effectually, to all intents and purpofes, as though^ the

faid bond or bonds had been originally given and entered into

to fuch indorfee or indorfees.

IV. Provided always. That the faid bonds (hall not be ncgo- Bo»ds not ne-
triable or transferrable by indorfement after the twenty-fourthl^^^^^'^'^y*"-
day of June, one thoufand feven hundred and eighty two. ttv]^^l±

V. Provided alfo. That nothing in this a<5l contained (hall 1782.
extend, or be confirued to extend, to afFe6t any queftions or Provifo-
difputes that have arifen, or may arife, between the different
partners of the faid company, known under the firm of Douglas,
Heron, and Company.

VI. And be it further enabled by the authority aforefaid. That Bonds to be
the aforefaid bonds of fifty pounds each, or upwards, (hall, not- perfonal
withftanding the heretable bonds, and real fecurity to be given ^datc.

in truft, as aforefaid, be confidered and taken and held to be per-
fonal or mqveable eftates, and (hall belong to the executor or
adminidrator or perfonal reprefentaiivQ, and not to the heir of
the creditor, and may be difpofed of or tranfmitted to any per-
fon or perfons, by deed or will, in fuch and the fame manner as
any other perfonal eftate is difpofed of or tranfmitted in Scotland
or England', any law^ cuflqm, or ufage, to the contrary not-
withftanding.

VIL And be it further enabled and declared by the authority p^b^ckaa•
aforefaid, That this aft (hall be deemed, taken, and allowed, in
all courts within England ox Scotland, to be a publick a<5l; and
fhall be judicially taken notice of as fuch by all judges, juftices,
and other perfons, without fpecially pleading the fame.

C A R

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J4S Anno dccimo qmrto Georgii IIL q. 22, [^774*

CAP. XXIL

4n a^ to enohle his Majejly to grant unto major general Simon
Frafer the lands and ejiaie of the late Simon lord Lovat, upon
certain terms and conditions.

Preamble. \^ H E R E A S ^j; j« aB^ made in the twenty -fifth year of the
m 25 Geo. a* V V reign of his late majejly King George the Second, intituled^
An acSl for annexing certain forfeited eftates in Scotland to the
crown unalienably ; and for ipaking fatisfadion to the lawful
creditors thereupon ; and to eftablifli a method for managing
the fame, and applying the rents and profits thereof, for the
better civilizing and improving the highlands of .Scotland^, and
preventing diforders there for the future) ; all and every the lands ^
lord/hips^ baronies, patronages^ tythes, [almon fijhings^ and othe)- 'like
heritages and efiates whatever, which became forfeited to his f aid late
Mojefiy by the attainder of Simon late lord Lovat, were unalienably
mne:ced to the. imperialcrown of thefe realms : and whereas, before the
attainderof the faid Simon late lord Lovat, his faid ejlate was fettled
by a deed of entail, which coming to be tried tefore the court of feffton '
in Scotland, the eflate was determined to be forfeited by a majority of
one voice, and that judgment was not appealed from : and whereas^
in the year one thoujmid feven hundred and forty -f even, proof was
brought before parliament of the means ufedto involve Simon Frafer,
eldefi fon of the /aid Simon 7^/^ lord Lovat, in the late uwtaiural re^
hellion, at a tender age\ and the faid Sinion Frafer, ever fine e he was
capable of acting for himfelf, hath teflified his loyalty to his Majefiy
and the royal family , and proved the fenfe he entertained of the exceU
lence of the happy confiitution of this country, by declining to engage in
the fervice of a foreign flate, though defiitute of any eftablifi^ment
here ; and by^ dedicating himfelf to the fervice of his country at the be-
ginning of the late war ; upon zuhich occafion he raifed, in a very fioort
time, a large body of men, and commanded a regiment compofed of
them, with which he fierved merit or ioufiy during the courfe of it-, and
was the firft who offered to fet that example, which, in its confequences,
proved advan^tageous to the fate, by calling forth, from a cotner of the
kingdom, many thoufandfoldiers, whofe efforts to demonftrate their zeal
and attachment to his Majfiys royal per fon and government contri^
buted to the glory andfuccefs of that war : and whereas the faid Simori
Frafer hath, in the courfe. of his fervice, attainted the rank of major
general in his Majejlfs army, and fimce the peace hath been employed,
by his Majefiy'' s command, in the fervice of a power whofe alliance this
country hath always deemed important : by all which his cafe ap-
pears to he peculiarly diflinguifi)^ : may it therefore pleafe your.
Majefty, ("upon the humble petition of the faid major general
Simon Frafer), that it may be enabled; and be it ena6led by the
King's moft excellent majefty, by and with the advice and con-
fent of the lords; fpiritual and temporal, and commons, in this
prefent parliament affembled, and by the authority of the fame.

That

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1 774.] Anno decimo quarto Georgii III. C. 22. 349

That it (hall and may be lawful to his Majefty, his heirs and His Majefty,
fucceffors, to give, grant, and difpone unto the faid major ge- ^^^^^^IfJ^^""^
neral Simon Frafir, his heirs and afligns, all and every the lands, ^^^^^^^ ^.-^^^
lord(hips, baronies, patronages, tithes, falmon and other fifli- Frafer all the
ings, and other like heritages and eftates whatever, which be- lands, &c.
came forfeited to his faid late Majeily, by the attainder of the faid [^f^^^^^^^^^
Simon late lord lovat, and which were annexed to the imperial ^^ gj^^^^ ^^^
crown of thefe realms, by the before-recited a<5l of the twenty- i^rd Lov^t,
fifth year of the reign of his faid late Majefty, in the fame man-
ner, and as fully and extenfively, to all intents and purpofes, as
the fame, and every part and parcel thereof, were vefted in his
faid late Majefty by the attainder of the faid Simon late lord Lovat^
and as the fame, and every part and parcel thereof, were held^^
enjoyed, and poifeffed, by the faid Simon late lord Lovat, before
his attainder; any thing in the faid before-recited a6t of the
twenty-fifth year of the reign of hi§ faid late Majefty to the^
contrary notwithftanding: fubjea always, neverthelefs, to, and bqt fubjea to
chargeable with, the payment t^his Majefty, his heirs ^nd fuc- ^^^P^^^^^
cefTors, of thefum of twenty thoufand nine hundred eighty- three ^erli^^g '^^j^h
pounds and one penny fterling of principal money, together with interelt at 3 1.
intereft for the fame, at the rate of three pounds fterling per percent, ^t^ny
centum per annum, the faid principal fum of twenty thoufand nine^^J^^^^^^^^^^
hundred eighty-three pounds and one penny fterling to be, and j^g^^ ^^
the fame is hereby declared to be payable unto his Majefty, his
heirs and fucceffors, by the faid majorxgeneral Simon Frafer^ his
heirs and aftigns, at any term of Whitfunday that the fame fliall
be demanded afrer the term o{ Whitfunday that ftiall be in the "
year of our Lord one thoufand it'^^n hundred and eie,bty-four,
upon twelve months previous notice to be for that purpofe given,
in writing, to the faid major general Simon Frafer^ his heirs or
afTigns ; and the faid intereft to commence from the term of
Whitfunday y^liioh ftiall immediately follow the date of the afore-
faid grant, and to be paid annually afterwards to his Majefty,
his heirs and fucceffors, or to the receiver- general for the time
being of the rents, revenues, and c^fualties, belonging to the
crown in Scotland^ on behalf of his Majefty, his heirs and fuc-
ceffors, at every following term o^ Whitfunday^ fo. long as the
aforefaid fum of twenty thoufand nine hundred eighty-three
pounds and one penny fterhng, of principal money, fhall con-
tinue and remain unpaid.

II. Provided always, and be it further enabled by the autho-
rity aforefaid. That it (liall and may be lawful to, and in the Major general
power of, the faid major general Simon Frafer^ his heirs and af- Frafer may
figns, to make payment to his Majefty, his heirs and fucceffors, "lake payment
or to the receiver-general aforefaid for the time being, on behalf ^^-^^ famTt^"
of his Majefty, his heirs and fucceffors, of the aforefaid fum of any term after
twenty thoufand nine hundred eighty-three pounds and one Whitfunday
penny fterling, with fo much intereft thereof, at the rate afore- '774->
faid, as (hall happen to be due at the time, at any term of Whit^
funday^ after the term oi TFhitfundoy which ftiall be in the year
of our Lord one thoufand feven hundred and feventy-four 5 and
': '■ ^ ■• ; '. ■ that

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t50 Anno decimo quarto Georgii III. c. 22. [1774.

nt^s'recli;. !|?'^ P"" ^l""^' ^^rifT ^'^"S made, the faid receiver-general for
er-general ,^ ^^^^ ^^^^g (hall have power and authority, and he is hereby
may grant a impowered, authorifed, and required, to execute, on behalf of
full diCcharge, his Majefty, his heirs and fucceflbrs, and to deliver to the faid
Srmf of ^^J^l^ gj^^^al ^^>^^« fr^M his heirs and affigns, a full and am-
Jaw in Spot, r^ ailcharge and renunciation of the faid money, principal and
hnd. interelt, prepared according to the forms prefcribed by the law of

Scotland, for difcharging and renouncing an heritable debt or in-
cumbrance upon a real eftate in that part of the united kingdom ;
and that the receipts or difcharges which (hall be from time to
time given to the faid major general Simon. Frafer.^his heirs and
afligns, by the faid receiver-general for the time being, on receiv-
ing payment of the mtereft money above mentioned, and alfo the
difcharge and renunciation hereby direded and required to be
executed and delivered by the faid receiver- general for the time
being, on receiving payment of the aforefaid principal money,
and mtereft thereof, due at the time of fuch payment, fhall be
good, valid, and fufficient acquittances, and a good, valid, and
fufficient difcharge and renunciation to the faid major general
Simon Frafer^ his heirs and afligns, in the fame manner, and as
efFeaually, to all intents and purpofes, as if the faid receipts, and
the faid difcharge and renunciation, had been granted by his
Majefty, his heirs or fucceflbrs ; any jaw or ufage to the contrary
notwjthftanding,

.^Segr^^^^^^ ^^^' ^""^ ^^'^ ^"'^^^^' tr^z&td. by the authority aforefaid. That
"his Majelty. f^O"^ ^"^ ^fter the date of fuch grant fo to be made by his Ma-
theaa 25Qeo. jefl:y, bis heirs or fucceflbrs, of all and every the lands, lordfliips,
a. with refpea baronies, patronages, tithes, falmon and other fiOiings, and
the Ja^te lord 0^^^^^^^ heritages and eftates whatever, which became forfeited
Lovat, to be ^^ ^^^ faid late Majefty by the attainder of the faid Simon late lo_rd
repealed. Lovat^ arid which were afterwards, by the before-recited act of
the twenty-fifth year of the reign of^his faid late Majefty, an-
nexed to the imperial crown of thefe realms, the faid a6t of the
twenty-fifth year of the reign of his faid late Majefty, fq far ^$ it
relates to the before-mentioned lands, lordfhips, fearonies, pa-
tronages, tithes, falmon and other fiftiings, and other like he-
ritages and eftates whatever, forfeited by the attainder of the faid.
Simon late lord Lovat ^ and annexed as aforefaid, fliall be, and
the fame is hereby repealed: and all and every the faid
lands, lordfhips, baronies, tithes, falmon and other fifliings,^
and other like heritages and eftates whatever, which became
forfeited to his faid late Majefty by the attainder of the faid
Simon late lord Lovai, fliall from thenceforth be difannexed
from the imperial crown of thefe realms, in the fame manner,
and as fully and efFedually, as if the faid a6t of the twenty-fifth
year of the reign of his faid late Majefty had never been made \
, . ^ny thing in the faid a6l to the contrary notwithftanding.

withTefpe^^^^ ^^' ^^^^'^S to ^'i ^^^ every perfon and perfons, bodies poli-
bodies poll- t^^^ '^y^^ corporate, his, her, and their heirs, fucceflbrs, execu-
tick, &c, tors, and adminiftrators, (other than and except the King's moil
excellent majefty, his heirs and fuccelTors), all fuch eftates,

rights^

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I774-] Anno declmo quarto GeoHqii lit. c. 23-^5, 351

rights, titles, interefts, claims, and demands, of, into, and out
of, the lands and premifes to be granted as aforefaid, as they,
every, or any of them, had before the pafling this ad, or
Ihould or might have held or enjoyed, in cafe this aa had
never been made.

C A P. XXIIL
An aa for amending, and rendering more effedual, feveral ads of par-
liament of the fixteenth and feventeenth, and twenty-fecond years o.
King Charles the Second, and of the eleventh year of his late Maieity,
for draining and prefer ving certain lands called Deepmg Fens, m tne
county of Lincoln.
Preamble. Adventurers may take down and remove wharfs, buildings,
^c Provifo. Adventurers may purchafe wharfs, &c. Guardians, &c.
impowered to fell. Perfons refufing to treat, a jury to be fummoned.
Turors may be challenged. Wirneffes may be fummoned and examined
upon oath. Verdicls of the jury to be filed with the clerk of the peace.
After fatisfaaion is made, adventurers may proceed m the works. Ex-
cences of the jury how to be borne. What works are to be done by the
adventurers. The new cut, to be made from the fea Huice to Vemat s
Drain, fhall be carried in a parallel line with the river Wel)and. Earth
taken out of new cut to be laid on each fide. Power of commiiTioners
of fewers, refpeding the (hutting Podehole Sluice, Sec. altered. Com.
miffioners of fewers may order tunnels to be made in the banks, &c.
Adventurers not to be anfwerable for damages occafioned by tunnels,
&c Adventurers may pull down and rebuild Surfleet and Crofs-gate
Bridges Gravel Drain, &c. to be fcoured. The Sea Sluice and Pode-
hole Sluice, in the firft place, to be made and widened. The adventurers
may regulate tunnels in the north weft fide of the rivers Welland and
Glen Proprietors of lands, guardians, &c. may borrow money for the
purpofes of this aft. The times of holding annual meetings. Days for
paying the taxes laid by the adventurers. Saving the rights of the cora-
miflioners of fewers. Prejudicing of the works made for improving cer^
tain fen lands lying between Bofton Haven and Bourn, how to be pre-
vented. Every perfon (hall account upon oath for the money received,
&c if thereunto required. Expences of the aft how to be paid. Perfons
aggrieved may appeal to the quarter fe(rions. Limitation of aaions.
General ifTue. Treble cofts. Publick ad.

C A P. XXIV.

An aa for paving, repairing, lighting, and watching, the ftreets, and
other publick palTages and places within that part of the parith ot
Clerkcnwell called Saint James's, and removing obftruaions and An-
noyances therein ; for widening the palTage from Clerkenwell Green
to the parilh church ; and for watching and lighting certain highways
within the faid pari(h.

CAP. XXV.

An a^ for the more effe^ual preventing frauds^ and embezzlements^

by perfons employed in the woollen manifa^ory.

w

' H E R E A S frauds are frequently committed^ and emhezzk" PrcamblCo
, r ments made^ by perfons employed in the woollen manufactory ^
particularly by their fecreting, felling, or oikerivife illegally difpofing
of the working took and materials they are intrujled with, by the
weavers taking the biers out of the chams, and withholding part of
the woof or abb yarn delivered to them, and by the pickers, fcribblerSy
and fpmnersy embezzleing, part of the wool and yarn intruded to
ihm^ end afo by dampingfpamingy and watering^ the reftdue, in

order

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35^ Anno dccimo quarto Geor Gii IIL 0.25. [1774.^

order to make up the deficiency in weighty occafioned by fuch embezzle-.
ments^ Gtid alfo by taking off^ pickings or cutting out the lijl^ forreU
or other marks^ of any piece or pieces of doth^ by means whereof the
dothiers fufiain great damage and lofs : and whereas the abufes com^
mitted in the chathing manufacture by perfons carryings coUe^ling^
buying^ and receivings from the labourers employed in that manufac-
ture^ ends of yarn y zvefts^ thrumbs^ Jhort yam^ a?jd other refufe of
doth^ drugget^ and other woollen goods^ and goods fnixed with wool,
have been found very detrimental to the faid manuf azures ; and the
f aid frauds and abufes are frequently carried on and committed fo
fecretly^ that the laivs now in being are by no 7neans fuffident to pre-
vent the fame^ whereby perfons employed in the [aid manufa5lure are
tempted and encouraged to embezzle^ purloin^fecrete^fell^ and detain^
the goods and materials zuith which they are intrufed by the clothiers^
and other woollen manufacturers^ fo that the cloth made comes out
defe^ive in the fubfance^ perfection^ and excellence intended by the
doihier^ to the difcredit of the manufacturer^ and injury of th^
publick : and whereas it is apprehended fuch frauds and embezzle-
merits would not he fo frequent if the detection and punijhment of t^e
faid offences were made more eafy and certain : may it therefore
pleafe your Majefty that it may be enadled; and be it enaded
by the King's mod excellent majefty, by and with the advice
and confent of the lords fpiritual and temporal, and commonsj,
in this prefent parliament affembled, and by the authority of
Perfons em- the fame, That if any picker, fcribbler, fpinner, or weaver, or
ployed in the other perfon or perfons whatfoever, who (hall be any-ways
woollen ma- employed ia or about the making or manufa^fluring of woollen
murnbgim^-^ ^^*^^^' or in preparing materials for that purpofe, (hall not
plementsand return all working tools or implements, wool, yarn, chain,
materials to woof, or abb, delivered out to be worked up and manufadured,
their employ- gnd all fuch materials, as aforefaid, wherewith he, flie, or they,
*^^' (hall be intruded, or give a fatisfadory account touching the

fame refpedively, to his, her, or their employer, when there-
unto required by the perfon or perfons by whom he, fhe, or
they, fliall have been io intruded, or by his, her, or their
known clerk or fervant, or Ihall fraudulently lleam, damp, or
water the wool or yarn delivered to him, her, or them, to be
or (ball cut or worked up ; or if any perfon or perfons fhall take off, cut, or
pick off the pick out, the lift, forrel, or other mark, of any piece of cloth,
*^f ?^ {^^^^ and (hall be convidled of any fuch offence before fome juftice
convWon^ ^^ juftices of the peace for the county, divifion, liberty, or
before a ju- place, where the perfon or perfons fo offending (hall refide,
ftjce, either by the confefTion of the party or parties, or by the oath

to be commit- or oaths of one or more credible witnefs or witnefTes ; every
ted for one ^^^ perfon fo convi(5ted fhall be committed to the houfe of
mon"th^^ correction for the fpace of one calendar month.

Perfons ab- ^' ^"^ ^^ ^^ further enacted. That if any perfon or perfons

fcondingand fo employed, and who fhall have been entrufted with any tools,
felling mate^ implements, wool, yarn, chain, woof, or abb, ov other materials
^^^^^? as aforefaid, fhall not have delivered or accounted for the fame,

ihall abfcond^ or cannot be found, or fhall fell, or otherwife dif-

, pofe

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I77+-] Anno decimo quarto Georgii IIL c.25. 255

pofe of the fame, or any other part thereof; or if any perfon or or fraudulent-
perfons (hall fraudulently buy or receive fuch tools, implements, h buying or ^
or materials, of any perfon fo employed or entrufted ; or if any [^^^3^'"^^ ^^
perfon or perfons fhall be fufpeded of, and charged on, fuch
fufpicion with having embezzled and kept back, by means of
fraudulently damping, (learning, or watering, the wool and
yarn delivered out to him, her, or them ; or with having fold,
bought, or otherwife received the fame, or any part thereof, as
aforefaid, and oath (hall be made thereof refpedively before one
of his Majefty's juftices of the peace for the county,, divifion,
liberty, or place, where any fuch offence was committed ; fuch Juftices may
juftice (hall thereupon iffue his warrant to any conftable or i^ue warrants
conftables, or other peace officer or peace officers, to enter into [° }^^^^
and fearch, in the day-time, the place of dwelling or refidence
of fuch perfon or perfons fo offending, and alfo fuch other
houfe or place, houfes or places, of which the clothier, clerk,
or fervant, as aforefaid, (hall make oath that he, (he, or they,
have jufl caufe to fufpedt, it appearing to the faid juftice to be
reafonable fufpicion that the faid working tools, or the faid
materials, or fome part or parts thereof, to have been embezzled
or kept back, fold, bought, or received, as aforefaid, may
be f^creted and lodged : and if, upon fearch, any of the faid Conftables
working tools, wool, yarn, chain, woof, or abb, or any cloth ^^Y ^eize
with the lift, forrel, or other marks, taken off, cut, or picked ^^j ^^rtf * th
out, ftiall be found, the faid conftable or conftables, peace perfons^fa ^
officer or peace officers, (hall feize the fame, and apprehend the whofe cuilody
perfon or perfons in whofe cuftody or poffeffion the fame (hall they are
be found, and bring him, her, or them, before the fame, or ^^""^; ^^.^^^^
fome other of his Majefty's juftices of the peace for the county, ^^"^^ 1^^"^^
divifion, liberty, or place, aforefaid; and unlefs fuch perfon or
perfons, in whofe cuftody the fame (hall be found, can give a
good account how he, fhe, or they, came by the fame, to the
fatisfa6tion of fuch juftice or juftices; then, and in fuch cafe,
fuch perfon or perfons fliall be thereof convided, and fufter
fuch puni(hment as is herein-before diredled to be infli6ted on
perfons not returning the tools or materials as aforefaid ; and all
fuch tools, wool, yarn, chain, woof, or abb, or fuch cloth as
aforefaid, fo feized', and not accounted for as aforefaid, (hall,
upon fuch conviction, be delivered over to the churchwardens
or overfeers of the poor of the pari(h where the fam.e were feiz-
ed, to be by them fold; and the monies arifing by fuch fale,
after defraying the expences of fuch fale, fhall be applied to the
ufe of the poor of the faid pari(h.

III. Provided always. That in cafe the perfon or perfons juftice to al-
accufed (hall requeft of fuch juftice to appoint a reafonable time low a reafon-.
to produce the perfon or perfons of, or from whom, he, (he, or able time tor
they, bought or received the fame, or fome one or more credible parti^s!"^ '
witnefs or witne(res, to prove the (ale or delivery thereof; then,
and in fuch cafe, it (hall and may be lawful for the faid juftice,
and he is hereby alithorifed and required to appoint fuch rea-
fonable time as aforefaid, and tg iffue out a fummons to the

con*

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Juftices, upon
information
made, may
canfe houfes

354- Anno dcciino quarto Georgii III. c. 25. [17^4/

cbndable, or other peace officer, of the parifh or place where
fuch perfon or perfons, or fuch witnefs or witneffes, (hall
refpedlively refide, requiring him, her, or them, to appear be-
fore fuch juftice, at fuch time and place as (hall be fo appointed
by fuch juftice, in order to be examined and give evidence, on
oath, of the feveral matters aforefaid ; but fuch perfon or per-
fons, at the time of making fuch requeft, (hall enter into a
recognizance, with or without furety or fureties, as fuch juflice
(hall think proper, for his, her, or their appearance before him
at the time fo to be fet, or, for want of fuch recognizance as
aforefaid, fhall be committed until the time that (hall be fo fet
or appointed by the faid juftice for the appearance of fuch party
or parties, witnefs or witnefTes : and if at fuch appointed time
fuch perfon or perfons (hall be convided of any ot the offences
aforefaid ; then, and in fuch cafe, he, (he, or they, (hall fuffer
fuch puni(hment as is herein-before diredted to be infllded on
perfons not returning fuch tools or materials as aforefaid.

IV. And be it further ena6led by the authority aforefaid.
That it (hall and may be lawful for any juftice or juftices, upon
information made to him or them, on oath, by any credible

to b'efearched- P^^f*^^ ^^ perfons, that there is juft caufe to fufpedt that any
' ends of yarn, wefts, thrumbs, (hort yarn, or other refufe of
cloth, drugget, or of other woollen goods, or of goods mixed
with wool, (flocks and pinions only excepted,) have been col-
ledled and received, and are lodged or concealed, in any dwell-
ing-houfe, warehoufe, outhoufe, yard, or other place, by war-
rant under his hand and feal, to caufe every fuch dwelling*
houfe, warehoufe, outhoufe, yard, and other place, to be fearch-
ed in the day-time; and if fuch ends of yarn, wefts, thrumbs,
fhort yarn, or other refufe of cloth, drugget, or other woollen
goods, or goods mixed with wool, (flocks and pinions only ex-
cepted,) above the quantity of three pounds, (hall be found
therein, to feize the fame ; and alfo to caufe the perfon or per-
fons in whofe houfe, warehoufe, outhoufe, yard, or other place,
the fame (hall be found, to be brought before him, or fome
other juftice or juftices of the peace for the fame county, divi-
fion, liberty, or place, and on proof being made thereof upon
oath before fuch juftice or juftices, that fuch ends of yarn,
wefts, thrumbs, mort yarn, or other refufe of cloth, drugget,
woollen goods, or goods mixed with wool, (flocks and pinions
only excepted,) were found in the dwelling-houfe, warehoufe,
outhoufe, yard, or other place, of fuch perfon or perfons fo
brought before fuch juftice or juftices, fuch perfon or perfons
not exculpating, him, her, or themfelves, to the fatisfadion of
fuch juftice or juftices, (hall thereupon fuffer fuch punifhment
as is herein-before direded to be infli(5led on perfons not re*
turning the tools or materials as aforefaid, and the materials fo
found in the cuftody of fuch perfon or perfons (hall, by order of
fuch juftice or juftices, be burnt, or othcrwife deftroyed.

V. Provided always. That if, upon any information made
upon oath before any juftice, or juftices againfl; any perfon or

per-

and the fame
to be feized,
and parties
brought be-
fore them.

How offend
crs, on a fe-

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1774'] Anno declmo quarto Georgii III. c, 25. 355

perfons offending agairift this a6l, it (hall appear to fuch juftlce cond offence,.

or juftices, that fuch perfon or perfons fo informed againit hath are to be pro-

or have been already before convicted of any offence againfl ceeded agamit*

this a6t ; then, and in fuch cafe, fuch juftice or juftices (hail not

proceed to convi6l fuch offender or offenders, but (hall and may

commit him, her, or them, to the houfe of corredion, there to

remain until the next general quarter feffion of the peace to be

held in and for the faid county, divifion, liberty, or place, or

until fuch offender or offenders (hall have entered into a recog-'

nizance, with fufficicnt fureties, to appear at fuch fedions^ and

then and there to abide the order of the juftices at fuch kinon ;

and fuch juftice or juftices fhall and may bind over the informer

to profecute the faid offender or offenders at the faid feffions,

sind the juftices at fuch feffions (hall then and there proceed to

enquire into and determine the fame in a fummary way ; and if,

upon fuch inquiry, fuch perfon or perfons (hall be found guilty

of the faid offence, the faid juftices (hall, at their difcretion,

commit fuch offender or offenders to the houfe of corrediioa

for any time they think proper to diredi:, not exceeding three

calendar months.

VI. Provided alfo. That if it fhall appear to the juftices, at
their general quarter feffions, that fuch perfon or perfons hath,
or have, already been convi6led, at fome general quarter fef-
fions, of any offence againft this a61 ; then, and in fuch cafe,
the faid juftices fliall, upon a like inquiry and convi(5i:ion, in a
fummary way, direct the faid offender or offenders to be com-
mitteiJ to the houfe of^orredlion, for any time not exceeding
fix calendar months, and alfo to be once publickly whipped at
fuch time and place as fuch juftices, at their faid quarter
feffions, (hall diredl.

VIL Provided always, and be it further enacted. That if any Appeal ma^
perfon or perfons fhall think him, her, or themfelves aggrieved, be made to
by the judgement of any juftice or juftices before whom he. One, ^^^^ r^^^t

or they, ftiall have been convi6ted of any of the offences afore- 3'^^^?^^^ ^ "
-^ '' . lion ny ptr-

fald, fuch perfon or perfons may appeal ; and the faid juftice or fons ap-c^riev-
juftices is and are hereby required to make known to fuch per- ^d. °
fon or perfons, at the time of fuch convidion, his and their
right under this ad: to appeal to the next general q-^arter
feffions of the peace to be held for the county, liberty, diviilon,
or place, where fuch convidiion (hall be made, the perfon or
perfons, at the time of fuch convidion, giving to fucfi juftice or
juftices notice in writing, fignifying his, her, or their intention
to appeal, and alfo entering into a recognizance at the time of
fuch notice, with fufficicnt fureties conditioned to try fuch
appeal, and to abide the judgement of, and pay fuch cofts as
(hall be awarded by the juftices at fuch feffions ; and the juftices
at fuch feffions are hereby authorifed and required, upon due
proof made of fuch notice, and of fuch recognizance beinj?*
entered into, to hear and determine the matter of the faid ap-
peal in a fummary way, and award cofts to the party or parries
appealing; or appealed againft, if the faid juftices (hall think.
'Vol. XXX.. ' Bb pro«

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35^ Anno decimo quarto Georgii III. C.z6. [V774"

proper; but if upon fuch heanng the judgement of the juftiee
or judices, before whom fuch appellant Ihall have been con-
vi6tcd as aforefaid ftiall be affirmed -, then^ and in fuch cafe,
fuch appellant (hall fufFer fuch punirnment, in confequence of
fuch conviction, as is hereiri-before dire<51:ed to be inflided on
perfons not returning the tools or materials as aforefaid.
Form of con- VIII. And be it further enabled. That the juftice or juftices,
vi6tionj before whom any offender fhall be convi6ted as aforefaid, fhall

caufe the faid conviction to be made out in the manner and
form following ; (that is to fay,)

X5 E // rcm£?nbered^ That on the day of

j3 in the year of our Lord

A. B. /)• convl^cd before me^ (us) ofhh Majeflys

jifices of the peace in and for the coimty^ dwifion^ libertyy or place^
(as the cafe may bej of having (here fpecify the offence, and
the time and place where the fame was committed.) Given
wider my hand ofid feal, cr our hands and feals^ (as the cafe may-
be,) the day and year aforefaid,

to be wrote IX. And be it further ena6fed, That the juflice or juftices^

onparchment^ before whom any offender (hall be convicSted as aforefaid, fhall
caufe the foid conviction to be fairly wrote over, upon parch-
and returned ment ; and alio to be returned to the next general quarter
to the ntxt feirion of the peace to be held in and for the county, divifion,
qu&rterfei- liberty, or place, where fuch convidion was made, to be filed
iion, i^y th'e clerk of the peace^ and remain and be kept among the

records of the faid feffions,

X. Provided always. That no perfon or perfons fhall be pro-
wf irS bad ct^f'^&a againif for any of the offences againft this a6l, as afore-
withoutin- faid-^ unlefs 'information fhall be made thereof, upon oath, be-
k>rriiadoi-i. foje one or more juftice or juftices of the peace, for the county,
divifvon, liberty, or place, where fuch offence (hall be commit-
ted, Within three calendar months after fuch offence (ball be
comonitted ; and no order made, touching or concerning any of
ihc matters in this act contained, or any proceedings to be had
loachini^^; the conviction or convi6lions of any offender or of-
fenders'againft this acl, fliall be quafhed for want of form, or
be removed or removeable by Certiorari^ or any other writ or
procefs vvhatfoever, into any of his Majeffy's courts of record
ac JVefminJhr,

CAR XXVI.

An act 'to aHozu the exportation of a limited quantity of wheat-meal

^ \-r four^ oats, oaimeaU grotis, barley, peafe^ beans, malt, and

hfcuu^ to Hudfon's Bay, //; North America, /^r the bene fit of

the Hudfon's Bay Company, and their fervants rfiding there,

, , ^ ^ 7 H E R E A S ^;' (2« ati. Puffed in the la ft fejfion of par li a-

Prenmoj^e. yy^ ^^^^^^^^ intituled^ An aa to regulate the importation and

Aa 13 Geo. 3. ^.,.,3Qj.^3,j^,n'of corn ; it was (amongft other things) ena^ed, That

ivhcuivcr the price o[ middling Britiih vjhm^ at any port or plaee

within

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I774-] Anno dcclmo quarto Georgii III. c.26., 257>

zoithin the kingdom of Great Britain, from whence the fame Jhoidi
be intended to be exported^ Jhould appear to be at or above the price of
for ty -four JhiUings per quarter^ fuch price being afcertained ifi man-
ner in the faid aB before mentioned^ no perfon or perfons zvhatfoever
foidd^ dircBly or indireSily^ export^ tranfport^ carry ^ or convey ^ or
caufe or procure fo to be^ out -of or from any fuch port or place ^ or load
or lay on boards or caufe or procure to he laden or laid on hoards in
any Jhip or other veffel^ or boat^ in order to be exported or carried out
of any fuch port or place ^ any ivheat^ ivh eat -meal or four ^ or maltj
breads bifcuit^ or Jiarch made of wheat ; and whenever the price of
middling BritiOi peafe^ or beans ^ or of middling British barley^ beer^
or bigg^ or of middling Britifh oats ^Jhould rejpe5lively appear^ at fuch
port or place ^ to be at or above the fever al diftinB prices in the faid
a5l particularly 7nentioned^ no perfon or perfons whatfoever fhould^
dire^ly or indire^ly^ export^ iranjport^ carry ^ or convey^ or caufe fa
to be^ or load or lay on boards in any jhip-^ or other veffely or boat^ tit
order to be exported or carried out of any fuch port or place^ any
peafe or beans^ ground or unground^ or any bread or bifcuit^ made of
peafe or beans refpe5lively^ or any barley^ beer^ or bigg, rejpe^ively^
cr any oats, or oatmeal, or malt, bread, or bifcuit, made of oats^
under the fever al pe?ialties and forfeitures in the faid a^ particularly
mentioned and inflicfcd : and whereas it is neceffary at all times to ex^
port wheat- m.eal or flour, oats, oatmeal, grotts, barley, peaje, beans-^
malt, a?id bifcuit, to Hudfon's Bay, in North America, for the
benefit of the Hudfon's Bay Company, and their ferv ants refiding
there \ may it therefore pleafe your Majefty that it may be
enadled ; and be it enaded by the King's moft excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this prefent parliament af-
fembled, and by the authority of the fame, That from and after Not exceed^n^
the paffing of this a6l, it Onall and may be lawful to fhip and ^ooquarterso'f
export, from the port of London only, wheat-rneal or flour, not wneat-meal
exceeding, in the whole, two hundred quarters in any one ^^^^ '*j,^*
year; and from the faid port of London only, oats, oatmeal, from the port
grotts, barley, peafe, beans, malt, and bifcuit, not exceeding of London j
together, in the whole, two hundred and iixty quarters in any and oats, oat-
one year, to Hudfon's Bay, in North America, for the benefit of t^eal, grotts,
the I-Iudfons Bay Company, and their fervants refidlna; there; j^^^^-Jey, peaie^

I • • 1 /- • 1 r^ 1 -in I- r beaas. malt,

any thing m the faid act to the contrary notwithltanamg, lo as ^j-,^ biicii;t

rhe exporter do, before the fhipping of fuch articles aforefaid to 260 quarters,
Hudfon's Bay, in North America, enter into fuch or the like bond n^ay be ex-
or bonds, as are, by the faid recited a£l of the laft felFion of par- ??'^5^ l^-p
jiament, diredted to be entered into by the exporters from the ^'

port of London to the ifland of Saint Helena, of the particular
fpecies and quantity of corn, grain, or flour, allowed by the laid
act to be exported to that iiland.

II. Provided always, and be it enadled by the authority afore- .f ^^f^^f^^-
laid, 1 hat when the exportation of tne laid commodities, or |^^,j ^;^^,-jj,j^^,
any of them, (hall by the faid act be permitted ; then, and in dities; no
fuch cafe, no fuch bond fliall be required upon the exportation ^^^^ ^^^'^^^ he
to Hudfon's Boy, or fuch of them as (hail be fo permitted. i<.q;j>re,i upou

B b 2 ill* i iO- ^

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35^ Anno dedmo quarto Georgii III. C. 27— 52. [1774.

Bounty when III. Provided alfo, and be it enaded. That when any bounty
to be allowed fhall be allowed upon the exportation of the faid commodities,
on exporta- ^^ ^^^ ^p them, the fame bounties (hall be allowed upon the
fon's^Bay? " exportation thereof to Hudfon's Bay, under the regulations, pro-

virions, and rcftric\ions, in the faid a6l mentioned. ,
Continuance IV. And be it further ena6led by the authority aforefaid,
of the a^:. That this a6l (hall be in force during fuch time as the faid

recited a6l, paffed in the laft feffion of parliament, {hall have

coatinuance.

C A P. XXVII.

An a<5l for fixing and regulating a publick market and fhambles for the
iale of meat within the Sown and borough of Swansea, in the county of
Glamorgan.

CAP. XXVIII.

An a6^ to continue an a6l, made in the twenry-fecond year of the reiga
of his late majefty Pling George the Second, for laying a duty of two^
pennies Scots, or one-iix'th part of a penny Sterling, upon every Scots
pint of ale and beer, which (hall be brewed for Tale, brought inta>
tapped, or fold, within the town of Kinghorn, and liberties thereof.

C A p. XXIX,

An a6l for the better relief and employment of the poor within the parifh
of Saint Leonard, Shoreditch, in the county of Middlelex ; and for
building a workhoufe, and for purchafing a piece of land for a burial
ground^ for the ufe of the faid Parifli.

CAP, XXX.
An aft for providing a workhoufe, and for better governing, regulating,
nnd maintaining the poor, within the Old Artillery Ground, in the
liberty of the Tower of London , 'and for paving, cleanfjng, lighting,
and watching, the ifreets, lanes, and other open pafTages and places
vviibin the fame 5 and for preventing obftru6tions and annoyances
therein.

CAP. XXXI.
All aft for repaiiing the highways and bridges in the county of Fife. •

CAP. XXXII.

j{n atl td enable the go'oernor and company of the hank of Scotland

to increafe the capital Jlock of the [aid company.

"f, "^1 7 H E R E A S hy an aB of the parUamefjt of Scotland, made
V % in the year one thou [and fix hundred and ninety -five ^ [inti^
tiihd^ An acl: for ereding a bank in Scotland \) a joint flock
amcuntwg to the [urn o[ twelve hundred thoifand pounds Scots money ^
vjai allovjed to be rayed by the company thereby eftablifljed [or carry^
ing on and managing a publick bank^ and certain perjons^ therein-
fjKJitioned^ were autnorifd to appoint a book for receiving the fub- ■
[cvvpticns of fuch perfons a^ lucre zviUing to bnome adventurers in
thi^ fid joint fiock ; and by the [aid a^ it was declared, That one
ihoufand pounds Scots fould be ^ the loivefi, and iiuenty thoufand
founds Scots the highef fum, zuhich any one per [on fhould be allowed
to fubfcribe ; and^ by the [aid Qui it zvas al[o declared^ That all and
every the perfons J [ubfcribing and paying to the [aid Jlock as aforefaid^

Jhould

Freamble*

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1 774-1 Anno decimo quarto GeoRGII III. c. 32. 259

Jhould he one body politick and corporate^ by the name ^The Gover-
nor and Company of the Bank of Scotkftdj under which name
they fhould have perpetual fucceffion^ and P^ould have a coram en feol ;
md by the faid a^ it ivas dire5ied^ that within three montbi after
the aforefaid fubfcriptions Jhould be ended^ the perfom in the faid
€i5l namedy or any two of them^ Jhould appoint a certain d^y^ ajid
make due intimation of the fame ^ that fuch and fo many of the adven-
turers^ and none other ^ as Jhould each of them have fuhfcribed for one
thoufand pounds^ or upwards^ in the faid book^ of the joint flocky
tnight elcvi and chufe^ by a majority of votes luhich ivere 10 be given^
one vole for every one thoufand pounds p:are of the fock^ a fit p erf on of
the fibfcribers who had fuhfcribed for himfelf at leaf for eight thou-
fand pounds^ to be governor of the faid hank \ and another fit perjon
of the fuhfcribers^ who Jhould have fuhfcribed for himjelf at leaf for
fix thoufiand pounds^ to he deputy governor of the faid batik ; and alfio
tzventyfiour other fit perfons^ who Jhould have fuhjcrihed^ each of them
for himfelf^ at le aft for three thoufand pounds in the faid joint focky
to be dircuiors of the faid bank ; a-nct certain othi^r > ules and regula-
tions were thereby preficrihed for the better managing and ordering the
affairs of the faid bank ^ and^ in pur finance of the afiorefiaid a5t^ the
faid hank was fioon afitcr eftablijlnd^ and has ever fiince continued : and
whereas the fiaid hank has proved a national $dvanta^e, and it zvovli
greatly tend to the advancement ofi commerce^ and be other wifie highly
beneficial and expedient^ that the capital fock ofi the fiaid bank /l)ould
be increafied^ fio as fuch new or increajed fock^ together with the
original Jlock of the jdid bank ^ /ball not exceed in the whole the fum cf
twenty-four hundred thoufiand pounds Scots tnoney^ or tiuo hundred
thoufiand pounds ferling \ may it therefore pleafe your Majefty
that it may be enaded ; and be it enaded by the King's moil
excellent majefty, by and with the advice and confent of the
lords fpiritual and temporal, and commons, in this prefent par-
liament alTembled, and by the authority of the fame, That A fubfcnp-
within one month after the paffing of this ad, or as foon after tion to be
as may be, the court of ordinary directors of the faid bank (liall opened for
appoint a book to be opened, and kept at the office of the faid d^ljolfarcapi-"
bank of Scotland^ for receiving fubfcriptions for an additional talof ioo,oool,
capital or joint ftock, to the extent of twelve hundred thoufand flerlmg b.y the
pounds Seois^ or one hundred thoufand pounds fterling money, V J^^^^ P^o-
and no more ; in which book, every perfon or perfons poffeded P^^^"^^^^*
of a (liare or (liares of the prefent capital ftock of the faid bank
of Scotland^ (hall be intitled to fubfcribe for as much of the faid
UQv^ or additional ftock, as he, file, or they, (hall be poflefTed of,
of the old or original. ftock, at the time of his, her, or their fub-
fcribing, and no more ; or for a leiTer number of (hares thereof,
if fuch perfon or perfons (hall fo think proper.

II. Jnd, in order that no perfion or perfons pojfieffied ofi flock in the Proprietors
find hank <?/ Scotland may he deprived ofi the henefiit hereby intended may lubicnbe
them^ be it enadfed by the authority aforefaid. That it (hall be t>y proxy,
in the power of every proprietor of the prefent capitaj ftock of
the faid company,, by a v^^ritmg under his, her, or their hands,
jto authorife any other perfon, he, flie^, or they, ihall think

3 b 3 proper.

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3^^ Anno decimo quarto Georgii III. C. 32; [1774*

proper, to fubfcribe for him, her, or them ; and the fubfcrip-
tion of the perfon fo authorifed (hall be equally eifedual, as if
the proprietor, who gives fuch authority, had fubfcribed with
nis or her own hand.
Time limited III. And be it further ena^ed, That the privilege and pre-
foHublcnp. ference of fubfcribing to the new or additional .ftock hereby
given to the proprietors of the prefent capital (lock of the laid
bank, (hall be limited to fix months from the time of opening:
vntbtcX^ '' ^^bfcription book above mentioned; and after the expira-
for are ta^^^^ ''^^^ '?\'}'' ^f'^ ^^^"^' ^^ ^^^^ any Hiare or (hare.i of the faid new
difpofcdof. ^\ acidUional (lock Qiall not have been fubfcribed for, the faid
iaolcription book fiiall be Lhur, and a general meeting of the
propnerors called, upon fuch notice as a court of ordlnar'y direc-
tors think fit; at which meeting the (hare or Glares not fub-
fcribed .or, Ihall be fold to the highelt bidder, provided fuch
biGcer be a proprietor of the prefent capital (lock of the faid
bank, or be authorifed and impowered to purchafe for a perfon
vA^o is a proprietor of the faid capital fbock, by a writing under
his, her, or their hands : and provided alfo. That the (hares fo
purchafed, when added to the (hares already held or fubfcribed
tor by the perfon or perfons by whom, or for whofe ufe and
beneht the faid new fhares are purchafed, do not, in the whole,
exceed forty (hares, each (hare being always one thoufand
Gain on rales P^'-^^^s Scots, of the faid capital (lock.

to be applied J-^' And be it further enafled. That in cafe any premium or
for the ufe of gain be received upon or by the faid fale or fales, the fame Hiall

Propnerors ^^ V'^'^J^o ^^' ^^'^ ^^"^^^ ^^ ^^'^ governor and company of the

number of ^^^'^^ o^ Scotland; and that no proprietor fnall hold more than

fliares afcer- twenty fhares of the old flock, or mor^ than forty (hares of the

taiMcd. old atid new together.
If the (hares V. And be It further enacted, That if any Qiare or fhares of

tobear^aiu P'opnetors, then, and in that cafe, the fubfcription book (hall
opened? t)e immediately again opened, and it (liall be in the power of

any perfon, who is not already a proprietor, to fubfcribe to the
extent of forty (hares; but it (hall only be in the power of a
perlon, who is already a proprietor, to fubfcribe for fuch a num-
ber of fhares as, joined to thofe he, (he, or they, already hold
or (land bound for, 60 not exceed forty fhares as aforefaid,
Ho«' proprie^ VL And be it further enac1:ed. That each and every proorie-
tors^oi n^^^ tor of new ilock (ba]] receive dividends upon the money,' he,
'^reTeteThdr ^'}''' "^^ tl^ey, (hall have paid in upon his, her, or their fubfcrip-
dividends, ^'^^"' ^" ^/^^ ^«^'^ proportion as the proprietors of old fiock re-
ceive dividends upon their fhares ; that is to fay, if a proprietor
ot new ffock has paid in one-tenth of his fubfcription, he fl^iall
receive one-tenth of the fum which a proprietor of the fame
quantity of old (lock receives as a dividend, and fo on.
No proprietor VIL And be it further enaded. That no fubfcriber of new
t'odf'Va'fh ^^^^ ^^-^^^ ^^^ intitjed to draw any part of a dividend, either
JdV.ur'nVhi's ^P*^'^ ^^'^ ^^^ ^^ ^^^^'^ ^^^^^^ ^^f'^ ^^e ^^as paid his proportion of
call is paid m. ^''J call ol (lock that has been ordered by a majority of a gene-

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1774-1 Anno decimo quarto GeoRGII III. 0.32, 361

ral meeting of proprietors ; and each fubfcriber of new (lock
frilling to pay his proportion of fuch call, fliall be charged with
the legal intereft upon it until the fame be paid, and Q-iall have
no vote at elections or general meetings while the fame remains
unpaid.

VIIL And it is hereby enacted, That a certificate under the Comt of feC
hand of the accomptant of the faid bank, certifying that a call f^^^l'^'^^''^
or calls has not been paid by any of the perfons who have fub- ^^r]^{f^^ ^_
fcribed themfelves to the faid new ftock, or by any of. the per- g^init puTons
fons for whom any other perfon, impowered as aforefaid, has failing to pay
fubfcribed to the faid flock, fiiall, when produced with this ad in their calls.
to the court of feilion, be a lufficient warrant to the faid court
for iffuing letters of horning againft fuch perfon or perfons for
the call or calls unpaid by them, at the inliance or fuit of the
treafurer of the faid bank.

IX. And be it further ena^ed, That after the additional Qi^^alification
capital has been completed by fubfcrlptions or purchafes, as ot govunor,
abo^'e direded, no proprietor fhall be Q\e6itd governor, unlefs ^^*

he has, upon the original and new {lock together, paid in the
fum of fixceen thoufand pounds Scots; nor deputy governor,
unlefs he has, upon the original and new (lock together, paid
HI twelve thoufand pounds Scots; nor diredor, unlefs he has.
Upon the original and new ftock together, paid in fix thouGnd
pounds Scots,

X. And be it further enabled. That after the faid additional Qn^^iifJcahou
capital has been completed by fubfcriptions or purchafes, as a- oi voters,
bove direded, no proprietor (hall be intitled to give his vote in

the eledion of a governor, deputy governor, or diredors, or in
any queftion, in any general meeting, who is not pofleired o^ two
thoufand pounds Scots of old or new (lock, or old and new fiock
too-ether, and who has not a6lually paid in the faid two thou-
fand pounds : and that every proprietor (hall have a vote for
each two thoufand pounds which he has adually paid in: pro-
•vided always. That no proprietor (hall ever be intitled to more
$han twenty votes,

XI. And it is hereby provided and declared. That fix-tenths After May 15,
of the additional capital to be fubfcribed for or purchafed, in »77^Ji>^;
manner above mentioned, fliall be adually paid in by the (ub- ^^^J^^,
fcribers or purchafefs within the fpace of three years trom and ^,^.1 iVjbfcrib-
after the fifteenth day of Mciy^ one thoufand kven hundred and td for to be
feventy-four, and that by fuch proportions, and at fuch times, P^*^ ^^'^^^^^
within the faid three years, as (hall be ordeied by a majonry of ^^'^'^^ y^"^^^*

a o-eneral meeting or meetings of proprietors ; and that thc're-
maining four-tenths (liall be paid in at fuch times, and by fuch
proportions, as ihall be ordered by a majority of a general meet-
ino- or meetings of proprietors : provided always, That nothing
herein contained (hall prevent a majority of a general meeting
or meetin2;s of proprietors to call for the whole, or any purt of
the additional capital, at, fuch time or times, within the faid
p-riod of three years, from and after the laid fifteenth day of
May one thoufand kvGii hundred and feventy-four,, as to them
foallW proper. ^^^ ^^^_^^^^^

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S6z

Proprietors,
after the ca-
pital is com-
pleted, may-
pay the whole
of their fub-
fcri prions be-
fore May 15,
^775*

Anno decimo quarto Georgii III. c.32. [1774;
XII. And be it enaded by the authority aforefaid, That n
(hall be in the power of every fuch fubfcriber or fubfcribers
purchafer or purchafers, after the faid capital has been comple-
ted, as above direcSled, to pay in the whole, biit not a part of
the fum, he, (he, or they, has or have fubfcribed or purchafed
aithouo;h the fame (hall not have been called for by a general

Manper of
chufing go-
vernor, den.
go.veinor, &•:

meeting, provided that fuch payment be made by him, her, or
them, between and the fifteenth day of JlLiy, which will be in
^ le year of our Lord ouq thoufand kven hundred gnd feventy-
ve; and, upon fnch payment being fo made, with the legal

the y

Hoi> iriiirnTt-
t!on of annual
tneetiiig-s is to
be o^iv'tn (or
e' eh' ion of
governor, Sec,

the
or

the

prohts accrumg to the bank, and be fubjed to a fliare of the lofs
that may ariie to it, from and after the aforefaid yearly balanc-
ing, immediately preceding fuch payment, in proportion to the
ihare or Hiares fo fubfcribed for and paid in by him, her, or
them ; and he, (he, or they, (hall thereupon be intitled to votes
m the proportions before mentioned ; and he (hall be intitled tq
be eleaed governor, deputy governor, or direc^r, if the fums
paid in by him be of the extent above required to qualify him
for thefe offices.

XIIL Jndzuhere^s the fat d a 51 of the Scotch parliament^ made
in the year one^ thoufand fix kundredand ninety -five ^ has not heenfuf^
ficiently explicit hi laying down a particular mode of ekning the go-
rcnior^ deputy governor^ and director s^ to be annually chofen -^ andit
has been the pra5lice for the proprietors to fend figned lifis to the di-
re^ors of the perfotis they i7it ended to vote for^ and for the dire 8 on
to report to afuhfquent general tneeting the perfons chofen by the ma-
jorily : and vjhereas, inflead of chufing twejity-four direBors, in
terms of the aforefaid a5i^ it has been the pra^lice, in confequence of a
refoluiion of a general meeting of the proprietors, held on the tvjelfth
day cf ]MT\t^ one thoufand fix hundred and ninety-fix,, to chufe twelve
ordinary dtr eel or s,, and twelve extraordinary dirpMors^ which laft only
give their afjifuince on certain occafions'y be it therefore enacted by
the authority aforefaid, That in time to come, a general meet-
ing of the proprietors fasll be held annually, on the laft T:uefday
of March, for tl-e purpofe of chuiing a governor, deputy gover-
nor, twelve ordinary, and tweh'e extraordinary diredors ; and
that every proprietor, prefent at that generaf meeting, Qiall give
in {o the governor, or deputy governor, or fuch of the directors
tor the preceding year as areihen prefent, a lid, containing the
names of x\\q perfons for whom he or fte means to vote into.
thefe refpecl-ive offices.

XIV. And be it further enacled by iht authority aforefaid.
That regular intimation (hall be made m the nevv^s- papers, call-
ed The Edinburgh Evening Cou>-ani^ and Caledonian Mercury^ of
the day upon which the annual general m,ceting for the eleciion
of the governor, deputy governor, and directors, Is ^0 be held at
leafl: thirty days before fuch annual genera] meeting.

XV. And:, in order that thofe proprietors 'who cannot attend per-

fori ally

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I774-] Anno decimo quarto Georgii III. C.32. 3^5

fondly may not he deprived of the right to vote in fuch ele5lion^ be it Proprietors
alfo hereby further ena6ted. That all fuch proprietors fnall be ^^^y f^"^ i'^»
allowed to fend lifts of the perfans whom they mean to vote -^jv^end^ior^^^^
into the faid refpe61ive offices, which lift, if holograph, of the f'^es.
proprietor or proprietors by whom they are fent, or figned by
fuch proprietor or proprietors before two or more credible wit-
neffes, and addrefTed to the governor, deputy governor, and
direc^lors of the bank of Scotkfid^ (hall be equally efFedlual as if
the figners of them w^ere perfonally prefent :. and the lifts being
fo given in, the governor, deputy governor, and directors, of
the preceding year, or fuch of them as are prefent, ftiall imme-
diately proceed to inveftigate the lifts in prefence of the meet-
ing; and fnall report, to that meeting, the names of the perfons
who appear to be c\p,h<zd^ by the majority of votes into the faid
jefpe61ive oiiices of governor, deputy governor, and diredors,.
ordinary and extraordinary,

XVI. Provided always. That every perfon claiming a right Perfons claim-
to vote in fucli eleclion, or to vote in any general meeting of the ing to vote at
faid bank, (liall be obliged to, and do take the following oath; eleftionsto
Videlicet, lowing oath.

I' A.B, do fivearj (or being one of the people called Quakers,- do
folemnly affirm J That the foares of the

capital flock of the body politick^ called The Governor and Com-
pany of the Bank of Scotland^ noiv Jlanding in my narne^ belong to
7Tiey in my own right, and not in triift for any perfon or perfons
fohatfoever.

So help me G O D.

Which oath fhail and may be adminlftered by the governor, or
•deputy governor, for the preceding year, or (in the abfence of
the faid governor, and deputy governor,) by any one of the di-
redors then prefent ; and that no perfon refufing to take fuch
oath ftiall be capable to vote at fuch general meetings of the faid
/company : and provided always, That ail and every the propri- Propr5etorfi»
etors, who cannot attend the general meeting for the eledlion who cannot
of governor, deputy governor, and dire6tors, and fhall, on that ^^"^^"^ ^^
account, fend {\2VitA lifts, in manner above allowed, fhall make "^^ ^^^^^.'f
oath before one of his Majefty's juftices of the peace of Great
Britain or Ireland^ or the chief magiftrate of any city or borough
within Great Britain or Ireland^ where fuch perfon refides for
iht time, that the ihares of the capital ftock of the body politick,
.called The Governor and company of the Bank ^/Scotland, ftand-
jng then in hi-s name, doth belong to him in his own right, and
pot in truft for any perfon or perfons whatfoever; which affida-
vit, ftgn^ed by fuch perfon, and certified under the hand of the
juftice of peace or chief magiftrate before whom it is made,
ihall be tranfmitted to the governor, deputy governor, and di-
reclors, of the faid bank, along with his or her figned lift.

XVII. And it is hereby provided and declared. That the faid The acl \n

aft of the ^con parliament, in the year one thoufand fix hundred »6)5, to re-

' ^^^d mam m forces

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3^4

except (o far
as lit altered
by this act.

Piiblic £61.

Fre^mble.

Anno declmo quarto Georgii III. c, 33, 34. [1774;

and ninety-five, (liall remain in full force as to every particular,
excepting in fo far as the fame is altered by this adt, and Qiall
operate with regard to the new ttock, in the fame manner it
does upon the old ftock,

XV III. And, laftly, be it enaded by the authority aforefaid,
That this ad ihall be deemed a puWick ad; and iball be judi^
cially taken notice of by aiJ judges, juftices, and others whatfo-
ever, without fpeciaily pleading the fame.

CAP. XXXIIL
An adl for dividing and incloling the open fields, meadows, ftinted com-
nion partores, and other common and wafte lands and grounds, in the
panlh of Tetney, in the county of Lincoln j and for diaining and im-
proving part of the faid parilli.

CAP. XXXIV.
J;2 a<^for granting further time to ike united company of merchants
^England, trading to the Eaft Indies, to expofe to file the finglo
and bohea teas reipaintng in their warehoufes unfold^ on the
fifth day of April, one thoufand feven hwuirsd and five nty- Jour y
and for allowing the drawbacks on the exportation of fuch teas.

WHEREAS by fever al aBs of parliament now in force ^ for
granting^ continuing^ and better feciif'.ng the duties payable
ad valorem upon unrated Eaft India goods^ a?id for afcertaining the
values thereof according to which fuch duties fhall be paid ^ the importer
or importers thereof are to give fecurify^ by bond^ for payment of the
faid duties^ according to the real values of the faid. goods ^ to be afcer-
iained according to the rejptuiive a^s of 'parliament in that behdf
made (except coffee)^ as foon as the faid go 3 ds fhall be fold \ and atfo
for expoftng the faid goods to fale openly and fairly by way of auBioUy
or by inch of candle^ ivithin the city of London, ivithin the time of
three years after the importation thereof : and whereas the quafttity of
ftnglo and bohea teas imported by the united company of merchants of
England, trading to the Eaft Indies, and which remained in their
warehoufes unfold on the fifth day /?/^ April, one thoufand feven hun^
dred andfeventy four^ is greater than can he expeBed to be fold by the
faid company^ ivithin the term of three years fo limited for that pur^
pof\ to be computed from the refpcBive times of the importation of
fuch teas^ and it is necfihry that fo me further time fhoiild be granted
to the faid company to put their faid teas up to fqle : may it therefore
pleafe your Msjeily that it may be enabled; and be it enaded
by the King's aioft excellent majefty, by and with the advice
and confent of the lords rpiritualand temporal, and commons,
in this prefent parliament afiembled, and by the authority of the
The E In'3ia fame, That for fuch of the faid (Inglo teas as are at prefent im-
Company may ported, and which remained unfold on the fifth day 0^ Apr if
expoietorale ^ne thoufand feven hundred and feventy-four, the faid united
teas remain- company may at any time within the fpace of five years, to be
A^r^ir^^i? 4" computed from the importation thereof, and for fuch of the faid
bohea teas as are at prefent imported, and which remained un-
fold on the (aid fifth day of Afrif one thoufand ksQn hundred

and

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1774'] Anno declmo quarto Georgii III. c. 35* 365

snd feventy-four, the faid united company may, at any time
within the fpace cf four years, to be computed from the impor-
tation thereof, expofe fuch rerpe61:ive teas to fale; and, after
fuch fale of fales, there Ihall be allowed the like difcounts on
payments of the refpedive duties on fuch teas, as if the fame
had been expofed to fale within the term of three years before
mentioned^ or any other time heretofore limited by law j any
law, ufage, or cuftom, to the contrary notwithftanding.

II, And be it further ena6fed by the authority aforefaid, That During the
for and during tlie faid refpedive times of five years and four ^-^^^^ of five
years, to be computed as aforefaid, there (hall be drawn back ' ^^.g^ ^H^^,
and allowed for all the faid teas as Ihall be exported fromi this ing the draw-
kingdom as merchandife to Irehfid^ or any of the Britijh colonies backs to Ire-
or plantations in America^ to the exporter or exporters thereof, landandAme-
fuch and the fame drawbacks or allowances, and under fuch r"

rules, regulations, fecurities, penalties, and forfeitures, as fuch
exporter or exporters would have been intitled to, in cafe fuch
teas had been exported within the faid term of three years^ any
law, ufage, or cufcom, to the contrary notwithftanding.

III. Provided always, and be it further ena6ted by the autho-
rity aforefaid. That if the faid united company of merchants of '^^^ united
England, trading to the Eaji^ Indies, dial 1, at anytime negledl ^o^^J^^l^^^^^^
keep the market fupplied with ^ fufEcient quantity of tea at rea- ket fapplied in
fonable prices to anfwer the confiimption thereof in Great 5r/- Great Britain^
tain^ it (hall and may be lawful to and for the commilfioners of wlthteaj

the treafury, or any two or more of them, or the lord high trea- ^^ ^^^ ^^^^^
furer for the time being, to grant licences to any other perfon or {my may or«
perfons, body or bodies politick or corporate, to import into der other
Great Britain^ from any parts of Europe^ in fuch and the ]il-ePer^<=>«s toim-
manner, and fubjed to fuch duties, and under fuch reftridions ^^^^ thefame^
and limitations, and upon fuch notices, and with fuch hcences,
as are, by any a6l or a6ls now in force, prefcribed and direded
with refpe6l to tea to be imported from any parts of Europe by
the faid united company of merchants oi England trading to the
Ea/i Indies', any thing in this a6l contained to the contrary there-
of in any wife notwithftanding^

CAP. XXXV.

An a6l to enable the commiffioners for executing the office of treafurer of
his Majefty's exchequer, or the lord high treafurer for the time being,
to compound certain debts due to his Majeity, and affedling the eftates
heretofore oF Charles Mafon, Efquire, deceafed, in the counties of
Montgomery and Salop; and, upon payment of fuLh compofuion, to
discharge and exonerate the faid eilates therefrom.

Fieamble. Lord high treafurer ra^y compound with the earl of Powis,
&c. for a debt due by Charles Mafon to the crown. After payment of
nioney fo compounded for, earl cf Fowis, c\'c. releafed of Charks Mafon^s
debts to the crown.

C A Po

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5^6 Annodecimo quarto Georgii IIL c, ^6. [1774.

C A P. XXXVI.

Jf2 an to explain and amend an a6l, made in the thirteenth year of
his prefent Majeji/s reign, intituled. An ad to explain, amend,
and reduce into one a6l of parliament, the general laws now
in being for regulating the turnpike roads in that part of Great
Britain called England^ and for other purpofes ; fo far as the
fame relates to the continuing ond^ granting an additional term of
five years to a5ls made for amending turnpike roads.

Preamble. "^YTHEREAS by an aB^ tnade in the twenty- eighth year of
A^ zlQto. 1. y y the reign of his majefiy King George the Second, {intituled^
An acl to amend an a61, made in the twenty-fixth year of the
reign of his prefent Majefty, intituled, Jn a 51 for the amendment
md prefervGtion of the pubtick highways and turnpike roads of this
kingdom ; and for the more effe^ual execution of the laws relating
thereto-,) it v:os, among ft other things, cnatUd^for the encouragement'
of broad wheels, that all carnages having the feihes of 7 he wheels ef
the breadth of nine imhes^ fhould pap through all turnpike gates zvith-
out paying any toll, for three years : and whereas, ;n order to male
recompence to the creditors upon the tolls of fuch gates, for any dimi-
nution of toll that might arije by juch exemption, it ivas further en-
o5ied^ 'That every a5i of parliament, made in that fcfion, or thereto-
fore, for repairing and amending turnpike roads, Jhuuld he continued
for five ycQrs, to be computed from, the expiration of every fuch a5i,
fubjeB to the tolls, duties, pmalties, forfeitures, remedies, powers, au-
thorities, claufes, rules, direoiions, payments, and provifions, by fuch
(i5is refpefdively made and enabled: and whereas by one other a5i, made
in the feventh year of the reign ef his prefent Maj^fly, [intituled^
An a(5^ to explain, amend, and reduce into one ad of parliament,
the genera) jaws now in being for regulating the turnpike roads of
this kingdom, and for other purpofes therein mentioned,,) thefaid
c'5l of the twenty - eighth year of his late Mojefly, except fo much thereof as
continued the aBs then made for repairing and amending turnpike roads y ,
fiihjecl to the tolls and duties by fuch atfs refpe^ively granted, luas
repealed : and ivhereas by one other adl, made in the thirtee?2th year of
the reign of k is prefent Majefy, [intituled. An a6l to explain, a-
' mend, and reduce into one a6t of parliament, the general laws
now in being for regulating the turnpike roads in t'^at part of
Great Britain called England-, and for other purpofes,) the f aid
c5l of the feventh year of his prefent Majefy, except fo much thereof
iis repealed the fever al a^s therein mentioned, zuas alfo repealed: and
whereas doubts have arifen, whether thefaid lofl-mentioned a 51, made
in the thirteenth year of his prefeiit Majefy, by repealing the f aid a5l
of the feventh year of his prefent Adafefty, in the manner aforefaid^
hath not virtually repealed that part of the aSf of the tiventy- eighth
year of his late Mojefty, which continued the faid turnpike a^is for
fve years ; in order therefore to obviate all fuch doubts, and to enforce
the fid provifion for continuing the faid turnpike avis, as contained in
^ihe faidaol of the twenty -eighth year of his late Majeflfs reign-, be
\i. enacted by the King's muft excellent majefty, by and m\\\ the

Sidvice

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1774'] Anno decimo quarto Georgii III. c.37,— 39. 3^7

' advice and confent of the lords fpiritual and temporal, and com-
mons, in this prefent parliament affembled, and by the authority
of the fame. That the provifion made by the faid ad of the P^oviHons of
twenty-eighth year of the reign of his late Majefty, for conti- ^^ ^^ ^^-^- ^'
nuing the feveraka6ls, made for repairing and amending turn- tnmpfke""^
pike roads for five years, fhall be and continue in full force, and roads for five
be as effecluaj, to all intents and purpofes, as the fame could, years, conti-
might, or ought to have been, if the faid ads of the feventh and ^^^^'
thirteenth years of his prefent Majefty's reign, or either of them,
had not been made ; any thing in thofe ads, or in either of
them, contained to the contrary notwithftanding.

IL And be it further enaded, That all and every perfon and Perfons who
perfons, vv^ho hath or have received, or fliall hereafter receive, have or (hall
any tolls, or other duties, at any turnpike or toll-gate ; or who [[^l^y ^^1^^
hath aded, or fhal! hereafter ad, in any other refped under the pike by the"
authority of, and in execution of any of the powers of any ad aforefaid afl
or ads of parliament fo continued, or intended to be continued, indemnified,
by the faid recited ad of the twenty-eighth year of his late Ma- ^^*
jefty, (hall be, and is and are hereby indemnified for what he,
fhe, or they, have fo received or done, or for what he or they
fliali receive, or do by virtue thereof.

CAP. XXXVII.

An a6t for allowing further time for inrolment of deeds and wills made by
papifts, and for relief of proteftant purchafers.

Preamble. Aft 3 Geo. 1, Deeds and wills of papifts, &c- fince Sept. 29,
1717, to be good in law, if inrolled before Jan. i, 1775. Not to extend to
deeds whereof advantage fliall be taken before Maich 2, 1774.. Not to
prejudice purchafes made by proteftants, &c. Nothing herein to extend
to make good any grant, leafe. Sic, made by any papiilj&c,

CAP. XXXVIII.

An aa for paving, repairing, cleanfing, and lighting, the ftreets and lanes
in the city of Hereford, and fuburbs thereof, and removing nuifances
and annoyances therein, and for creating a fund towards the expences
thereof, by inclofing divers watte grounds within the liberties of the faid
city, and tor the better application of charity -money for fetcing the poor
people of the faid city to work, and to enable bodies corporate to alienate
their hoafes and lands within the faid city.

CAP. XXXIX.

Jn aB for the impartial adminiftration ofjuftictin the cafes of per* ./..- .
fons quelUoned for any aSis done by them in the execution of the law^ ( ■''
or for the fuppreffion of riots and timults^ in the province of the
MaiTachufet's Bay, in New England.

' HE R EAS /// his Majefiys province of Maflachufer's P^eam^le-
, , Bay, in New England, an attempt hath lately been made
to^ throw off the authority of the parlia?nent of Great Britain over
the Jaid province, and an amial and avowed ref fiance y by open force ^
to the execution of certain a6is of parliament, hath been fuffered to
take place, uncontrouled and unpunified, in defiance of his Majefiys
authority, ^ and to the utter fubverfion of all lawful government : 'and
whereas^ in the prefent diforderedjiate of the faid province^ it is of the-

utmojl

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B^^ Anno decimo quarto Georgii III. c. 39. [1774?

utmoji importance to the general welfare thereof aj^d to the re-efta-
blijlmimt of lazvftd authority throughout the fame, that neither the
tnagif rates atilng in fupport of the laws, nor any of his Majeftys
fubje^s aiding and offijiing them therein, or m thefuppreffon of riots
and tumults^ rafed in oppoftiion to the execution of the laws andjla-
iutes of this realm, ftmdd be difcour aged from the proper difcharge of
their duty, by an apprehenfon, that in cafe of their being qucjUoncd
for any a6ls done therein, they may he liable to be brought to trial for
the fame before perfons who do not acknowledge the validiiy of the
kws^ in the execution thereof, or the authority of the magijirate in the
fupport ofwhom,fuch a^s had been done: in order therefore tore?nove
every fuch difcour a gem ent from the minds of his Majeflfs fuhje^s,
and to induce them, upon all proper occaftons, to exert thenf elves in
fupport of the public peace of the province, and of the authority of the
King and parliament of Great Britain over the fame \ be it enaaed
by the King's moft excellent majefty, by and with the advice and
confent of the lords fpiritual and temporal, and commons, \x\
this prefent parliament aflembled, and by the authority of ther
How inoia- fame. That if any inquifition or indi(5\ment (hall be found, or
xneni-s againft if any appeal (hall be fued or preferred againft any perfon, for
^J^g^^s^^ murther, or other capital offence, in the province of tht Maf-
capital of* fachufef s Bay, and it fhall appear, by information given upon
fences, in the Oath to the governor, or, in his abfence, to the lieutenant-go-
execution of vernor of the faid province, that the fa6l v-^as committed by the
mr^be"^^-' d P^^^"^''^ againil v^'hom fuch inquifition or indidment fhall be
may e tiie . ^^^^^^^ ^^ againft whom fuch appeal (hall be fued or perferred^
as aforefaid, either in the execution of his duty as a magiilrate,
for the fuppreiHon of riots, or in the fupport of the laws of re-
venue, or in ading in his duty as an officer of revenue, or in
a61ing under the diredion and order of any magiftrate, for the
frjppreiTjoa of riots, or for the carrying into efFed the laws of
revenue, or in aiding and airilVing in any of the cafes aforefaid ;
and if itfhall alfo appear, to the fatisfadlion of the faid governor,
or lieutenant-governor refpedivejy, that an indifferent trial can-
not be had within the laid province, in that cafe, it fhall and
m^y be lawful for the governor, or heutenant- governor, to di-
rec*;}. With the advice and confent of the council, that the in-
qirihtion, indidraent, or appeal, fiiall be tried in fome other of
his Majefiy'-, colonies, or in Great Britain \ and for that pur-
pofe, to oxAtx the perfon againft v/hom fuch inquifition or in-
dictment fnall be found, or againft whom fuch appeal Ihall be
fued or preferred, as aforefaid, to be rent, under fufficient cuf-
tody, to the place appointed for his trial, or to admit fuch per-
fon to bail, taking a recognizance, (which the faid governor,
or, in his abfence, the lieurenant-gcverncr, is he:-eby authorifed
to take), from fuch perfon, with fufficient furerje^s, to be ap-
prov^ed of by the faid governor, or, in his ah^-nce, the lieu-
tenant-governor, m fuch fums of money as the f^id governor,
or, in his abfence, the lieutenant-governor, (hall deem reafon-
able, for the perfonal appesrance of fuch perfon, if the trial
Ihali be appointed to be had in any otlier colony, before the go-
vernor,

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5 774'] Anno decimo quarto GsorGII IIL c.^g* S^'9

vernor, or lieutenant-governor, or commander in chief of fuch
colony ; and, if the trial (hall be appointed to be had in Great
Britain^ then before his Majefty's court of King's Bench^ at a
time to be mentioned in fuch recognizances; and the governor,
or, lieutenant-governor, or commander in chief of the colony
\vhere fuch trial (hall be appointed to be had, or court of King's
Bench ^ where the trial is aopointed to be had in Great Britainy
upon the appearance of fuch perfon, according to fuch recog-
nizance, or in cuftody, (hall either commit fuch perfon, or ad-
mit him to bail, until fuch trial j and which the faid governor,
or lieutenant-governor, or commander in chief, and court of
King's Bench^ are hereby authorifed and impowered to do.

IL And^ to prevent a failure of juftice^from the zvant of evidence Governor to
on the trial of any fuch Inqufnion^ indifiment or appeal^ be it further ^^^^ in recog.
enadted, Tijat the governor, or, in his abfence, the lieutenant- M^^e^rVu ^^^
governor, fha)!, and he is hereby authorifed and required, to bind wimelTes^he
m recognizances to his Majefty all fuch witneffes as the profe- pro/ecutor
cutor or perfon againft whom fuch inquiiltion or indidment (hall ^^^'1 <lefire to
be found, or appeal fued or preferred, fhall defire to attend the ^"^."^^^^^^^
trial of the faid inquifition, indidtment, or appeal, for their per- *
fonal appearance, at the time and place of fuch trial, to give
evidence : and the faid governor, or in his abfence, the lieute- And fliallap-
nant-governor, (hall thereupon appoint a reafonable fum to be P°^"5^? ^^^'
allowed for the expences of every fuch witnefs, and fhall there- fo"7^,eex^ *
upon give to each witnefs a certificate, in writing, under his pences oF eve-
hand and feal, that fuch witnefs has entered into a recognizance ry wknefs,
to give evidence, and fpecifying the fum allowed for his expences > which the col-

and the colJeaor and colledors of the cultoms, or one of them, l-^S^^i,fl!i'^L
• , . , r • I • ,11' r r ^ ■ n cuiioms are to

\\'itnm the laid provmce, upon the delivery of luch certincate, pay.

are, and is hereby authorifed and required, forthwith to pay to

fuch witnefs the fum fpecified therein for his expences.

III. And be it further ena61ed by the authority aforefaid, That Witneffes to
all profecutors and witnelTes, who (hall be under recognizances be^feefrom
to appear in any of his Majefty's colonies m America ^ or in Great fnA^heiHour-
Britain^ in pursuance of this a6l, (hall be free from all arrefts ney to any
and rePcraints, in any adion or fuit to be commenced againft them colony, &c.
during their going to fuch colony, or coming to Great Britain^_

and their necefiary ftay and abiding there, on occafion of fuch
profecution, and returning again to the faid province of the
Aiafjachvffef i Bay.

IV. And be it further enadled by the authority aforefaid, That Perfons

all and every his Majefty's juftices of the peace, and other juf- brought be-
tices and coroners, before whom any perfon (hall be brought, Uc'^^oQ^^t^
charged with murther, or other capital crime, where it (hall ap- of kny capital
pear by proof, on oath, to fuch juftices or coroners, that the crime in the
fa6l was committed by fuch perfon, either in the execution of ^'^^.^'^'^'^" ^^
his duty as a magiftrate, for the fuppre(rion of riots, or in the b'e^admitted^^
fuoport of the laws of revenue, or in ailing in his duty as an to baiU
officer of revenue, or in ading under the direction and order of
any magiftrate, for the fupprefTion of riots, or for the carrying
into effecl the laws of revenue^ or in aiding andalTifting in any
I of

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Z^o Anno decimo quarto Georgii III. c.39. [1774,

of the cafes aforefaid, are hereby authorifed and required to ad-
rnit every fuch perfon fo brought before him or them, as afore-
laid, to bail ; any law, cuftom, or ufage, to the contrary thereof
in any-wifenotwithftanding.
Where per- V. And be it further enaded by the authoritv aforefaid. That

tnal'e'com ^^^'^ '^ ^'^^^ ^^ "^^^^ 'PP^^^ ^^ ^^^ j^^g^^ ^'^ j^^^ces of any
nutted crimes, ^-^^^^' "^^^^wn the faid province of Majfachufefs Bay, by any per-
and defire to ^^n, againft whom any inquifition or indi6\ment (hall be found,
be tried in an- or appeal fued or preferred for murther, or other capital crime'
fu^ifcestr^'' ^^'^^ ^^^ ^'^^ ^'^^ committed by fuch perfon, either in the exe-
poftponetheir ^^^^o^o^^^is duty as a magillrate, forthe fuppreffion of riots, or
trial, &c. ^^^ t^^^ fupport of the laws of revenue, or in aaing in his duty

^s an officer of revenue, or in ading under the diredion and or-
der of any magiftrate, for the fuppreffion of riots, or for the car-
rying into effedt the laws of revenue, or in aiding and alllftino- in
any of the cafes aforefaid, and that he intends to make apph^a-
tion to the governor, or lieutenant-governor of the faid pro-
vince, that fuch inquifition, indictment, or appeal, may be tried
in fome other of his Majefty's colonies, or in Great Britain, the
faid judges or juftices are hereby authorifed and required to ad-
journ or poftpone the trial of fuch inquifition, indidmen-r, or
appeal, for a reafcnable time, and admit the perfon to bail, in
order that he may make application to the governor, or lieute-
nant-governor, for the purpofe aforefaid.
If the gover- VI. And be it further enabled. That the governor, or, in his
Dordireasthe abfence, the lieutenant-governor, if he fhall dired the trial to

an^^o^the/co- ^^ ^^^^ ^*" '^^'^^ ^^^'^^ ^^ ^^^^ Majefty's colonies, (hall tranfmit the
foiiy, be is to i^q^^Jf^tion, indidment, or appeal, together with recognizances
tranfmit the 01 the witnefTes, and other recognizances, under the feal of the
inquifition, &c. province, to the governor, or lieutenant-governor, or corn-
to the com- inander in chief of fuch other colony, who (hall immediately
^,j^j^f- iifue a commifTion of Oyer and Termifier^ and deliver, or caufe

who IS imme- ^^ be delivered, the faid inquifition, indidtraent, or appeal, witii
diately to deli- the faid recognizances to the chief juftice, and fuch other per-
ver fuch in- f^j^^ ^^ h^ivo: ufually been commiffioners of Oyer and Terminer^
ul^thech'ieV^' j'-^^'^^^^s of afTize, or general gaol delivery there; who (hall have
juftice, &c. power to proceed upon the faid inquifition, indi6lment, or ap-
who fliall be peal^ as if the fame had been returned, found, or preferred be-
impowered to f^j-e them; and the trial ihall thereupon proceed in like man-
Fuchlnquid^"^ ^^^' ^^ ^^^ intents and purpofes, as if the offence had been com-
tion, &c. mitted in fuch place : and in cafe the governor, or, in his ab-

Ifthe gover- fence, the lieutenant-governor, fhall dire<fl; the trial to be had iii
nor dH-t6ts the (j;-^^^ Britain, he fiiall then tranfmit the inquifition, indicSt-
Gre tVntail-" ^^^^^ ^^ appeal, together with the recognizances, of the wit-
he is to tranf-' neffcs, and other recognizances, under the feal of the province,
inittheindl61:- to one of Majefty's principal fecretaries of iiate, v;ho fhall deliver,
menr, (l-c. to q^ caufe to be delivered, the fame, to the mafler of the crown
one of the fe- ^^^^ ^q ]^^ ^\^^ ^f record in the court of Kind's Bench, and the
cret3i"ies or o ?

ftaie 6cc. inquifition, indi6tment, or appeal, fliail be tried and proceeded

upon, in the next term, or at fuch oth.er time as the court ihall
appoint, at the bar of the court of Kin^s Bcnch^ in like manner,.

to

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1774'] Anno decimo quar,to Georgii III. c. 4.0. iji

to all intents and purpofes, as if the offence had been committed.
in the county oi Middle f ex ^ or in any other county of that part
of Great Britain called England^ where the court oF King'^ Bench
(hall fit, or elfe before fuch commiflioners, and in fuch count}^^,
in that part oF Great Britain called England^ as (hall be affigned
by the King's majefty's commiffion, in like manner and form,
to all intents and purpofes, as if fuch offence had been commit-
ted in the fame county where fuch inquifition, indidment, or
appeal, fhall be fo tried.

VII. And be it enaded by the authority aforefaid. That in If anjMnd^a^
cafe, on account of any error or deFed in any indidment, which, ^^^^l^^'^^^
in virtue or under the authority of this a6F, (hall be tranfmitted counted bad,
to any other colony, or to Great Britain^ the fame fhall be quafh- another iu-
ed, or judgement thereon arrefted, or fuch indi6lment adjudg- di61ment may
ed bad upon demurrer, it (l^all and may be lawful to preFer a be preferred,
new indidlment or indidments againft the perfon or perfons ac-

cuFed in the faid colony, to which Fuch indidment, fo quafhed
or adjudged bad, Fliall have been tranfmitted, or before the
grand jury of any county in Great Britain^/m cafe fuch former
indidment fhall have been tranfmitted to Great Britain, in the
fame manner as could be done in cafe the party accufed fhould
return to the place where the offence was committed j and the Grand Jury
grand jury and petty jury of fuch other colony or county in ^^^P^^'^^^^^^^^
Great Britain Fhall" have power to find and proceed upon fuch ^^^\^ india-
indidment or indidments, in the fame manner as if the offence, ment, &c.
by fuch indidment or indidments charged, had been committ-
ed within the limits of the colony or county for which fuch ju-
ries fhall refpedively be impanelled to ferve.

VIII. And be it further enaded by the authority aforefaid^ Commence-
That this ad, and every, claufe, provifion, regulation, matter, ^^j|J[nu" ^^e
and thing, herein contained, fhall commence, and' take effed of the a(bl»
upon the firFt day oF J^me, one thoufand feven hundred and
feventy-fourj and be, and continue in force, for and during the

term of three years.

C A P. XL.

A ad for diverting out of the crown the plantation and eftate of UlyffeS
Fitzmaurice elquire, d^ceafed, and for vefting the fame in truftees, to
be fold for payment of his debts, and for other purpofes therein men-
tioned.

Preamble. Eftates veiled in truftees ; but neverthelefs upon truft 5 with
power to fell the faid eltates. Application of mouies. Saving claufe ia
favour of John Fitzmaurice, an infant. How the furplus is to be divided,
in cafe it affords a larger fum than that of 500I. to each of the diftant re-
lations. A negro woman and boy to be fettled according to the inftruc-
tions of the will. After payment of purchafe money the eftates to be free
from all claims andtrufts. Money ariiing by the fale of the premifes to
be depofited in the bank. Truftees not to be anfwerable for the ads of
each other. Saving of rights to bodies politick, Sec, Pubiick ad^

Vol. XXX. Cc CAP,

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372 Anno decimo quarto Georgii III. 0,4X5 42. [1774.

GAP. XLI.

An qB for further emtinmng fo much of two a^s^ made in the
fixth and thirteenth years of the reign of his prefent Ma]efty^ as
: relates to^ the opening and efablijlnng certain free ports in the ifland
^Jamaica.

Preamble. X^/^ ^ -^ ^ -^ ^ ^ ^^ ^^ of parliament was made in the fxth
Aa 6 Geo. 3. Vy year of- the reign of -his prefent Majejiy, (intituled. An aa
for opening and eftablilliing certain ports in the iflands of Ja-
maica and Dominica, for the more free importation and exporta-
tion of certain goods and merchandifes ; for granting certain
duties to defray the expences of opening, maintaining, fecur-
ing, and improving fuch ports ; for afcertaining the duties to be
paid upon the importation of goods from the faid ifland of Do-
minica into this kingdom; and for fecuring the duties upon
goods imported from the laid ifland into any other Britijlo co-
lony ) which was to continue in force until the firjl day of Septem-
ber, one th ouf and f even hundred and feveniy -three, and from thence
%Vi^ aa to the end. of the then next feffon of parliament ; and which ^ by an^

13 G<^o. 3, other a5l, made in the thirteenth year of his prefent Majefys reign y
tvas amended, and fuch parts thereof as relate to the faid if arid of
Jamaica were .continued until the firji day of November, one thou-
[and f even hundred and feventy-four, and- from thence to the end of
the then next feffon of parliament : And whereas the further conti^
nuance of the faid a^s, fo far as the fame relate to the ifland of Ja-
maica, zuill be highly beneficial to the trade and manufa'^.ures of this
lingdom-y vavj it therefore pleafe your Majefty that it may he
enabled; and be it enaded by the King's moft excellent ma-
jefty, by and with the advice and confent of the lords fpirrtuai
and temporal, and commons, in this prefent parliament aflem-
caotini^ed, fo bled^ and by the authority of the fame. That the faid a61:s>
- ■ ' t^^^^^rif' ^"^ every tiling therein contained, fo far as the fame relate to
'- ^untirNov". ^'^^^ ^^^^ iiland of Jamaica, f!::iali be, and the fame are hereby fur-
ther continued, until the firft day of November, one.thoufand
feven hundred and eiglny, and from thence to the end of the
then next feffion of parliament.

CAP. XLII.

'An afl to prohibit the importation of light fiver coin of this realm ^
fro?n foreigntountries, into Great Britain i7r Ireland ; and to re^
Jirain the tender thereof beyond a certain fum,

W" H E R E A S conftdera^ole quantities of old filver coin of this
realm, or coin purporting to be fuch, greatly below ihejlan-
dard cf the mint in weight, have been lately imported into this king-
dofn, and it is expedient that fonie provifion fJjould now be made to
pnvcnt a pra^ice ivhich may be carried on at this time, to the very
gnat detriment of the publick \ be it therefore enadl-ed by the
King's moft excellent majefty, by and with the advice and con-
fecit oi the lords fpiritual and .temporal, and commons, in this
mtkvkt parliament; aflembledj and by the authority of the fame.

That

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B^ J7^o«

Preamble,

1774'] Anno decimo quarto Georgii HI. 0,42. ^y^^

That from and after the firft day of Jt^^ie, one thoufand feven Ifier Jujj-e r,
.hundred and feventy-four, all filver coin of this realm, or sny ^^H^^aiUom
money purporting to be the filver coin of this reahn, which is doai,orVu?-
not of the eflabhilied ftandard of the mint in weight and tine- porting io ro
nefs, (hall be prohibited to be imported or brought into the be, not of the
kingdoms of Great Britain or /;v/^;7i from foreign countries ;^^^^^^^^^^^^^^^
and^if any iilver coin being, or purporting to be, the coin of ^^^^^^^^^ ^^^'i^^'
'this realm, exceeding in amount the fum of five pounds, fliall brought into
be found, by any officer of his Majeily's cuftoms, on board any this kingdom;
fhip or veiTel, in any port, harbour, haven, or creek, or in any ^"-"^^^^Jl^^^j^
boat, barge, or other vefTel upon the water, within the faid ^j^^^^ ^.^ ^^
kingdoms, or in the cuftody of any perfon coming diredly fearch, in
from the waterfide, or upon the information of one or more per- terms of aa
fon or perfons in any houfe, Pnop, cellar, warehoufe, room, ^^' ^e Szed^* ?^ad
other place, on a fearch there made in fuch manner as in and committed to
by an acl made in the fourteenth year of the reign of the late thecullom- ^
King Charles the Second, intituled. An aSf for preventing frauds, houfe ware-
and regulating abufes^ in his Majeflys cujioms^ is mentioned and ^^^^^^*
diredled, if fuch fearch is made in Great Britain^, or according
to the manner direded by any a6f of parliament made in Ire-
land^ relative to the fearching for uncuftomed and prohibited
goods in that kingdom, if fuch fearch is made there, it fliall
and may be lawful forfuch ofHcer to ftop and put fuch coin in
his Majefty's cuftomhoufe warehoufe, in the port next to the
place where fuch ftop (hall be made : and if it (liall appear, up- if fuch flh'er
on examination there, to the colledor, or other principal officer coin be the
of the cuftoms, of the faid port or place, that fuch filver coin ^/^^^^^^'^'^^^^
is of the eftabhflied ftartdard of the mmt in weight and finenefs, wei"c!h't and
the fame fi^iall, upon demand, be forthwith delivered to the ftneneO, jtis
owner or proprietor thereof, without fee or reward 3 and fuch to be reftored
officer or officers, or any perfon or perfons ading in his or their to the pro-
aid or afliftance, fliall not be liable to any a6fion, fuit, or pro- P^^^^°^'
fecution, for fearching, fiopping, or detaining the fam.e ; but if hut if deR-
fuch coin, or any part therjeof, fhall be lefs in vv-eighc than the cient in

eftablillied ftandard of the mint, that is to fay, at and after the "^^^ ^^

r r- /I Ml- J 1 1 .1 ^i nnenels, to be

rate of fixty-two ihilhngs to every pound troy, whether thei^^.f^^^gj .
fame be in crowns, half-crowns, (hillings, fixpences, or pieces
of a lower denomination, or of lefs finenefs than eleven ounces
two-penny weights of fiine filver, and eighteen-penny weights
of alloy in the pound troy,^ the fame, or fuch part thereof as
fhall be deficient either in weight or finenefs, as aforefaid, (liall
be forfeited, and fhall and may be feized by any officers of the
cufloms, and profecuted in any court of record in ffefminfter or andprofecuted
Dublin^ or in the court of exchequer at jE^/;z^z/r^/^ 3 or if fuch |^J^ J^''!^''^*^^^^^^
coin ihall not amount in value to the fum of tw-enty pounds, ii\,i''|?ainbureli,
that cafe the fame (hall and may be profecuted in a fiimmary
■way, before any two of his Majefty's jufiices of the peace for
the county,' city, or place, where fuch feizure fliall be made,
at the election of the cornmiffioners of his Majefiy'^s cuftoms in
Great Britain^ or the cornmiffioners of revenue in Ireland-, or
any three or more of tliem refpedfively, in fuch and the like

C c ^ maaner^

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374

After con
demnation, to
be melted
down 5
and one
moiety go to
his Majefty,
and the other
to the prole-
cutor.

No tender ex-
ceeding ^5l.
fhall be allow-
ed legal for
more tnan its
value.

Continuance
of the a6!:.

Preamble.

Anno decimo quarto GeoRGII 111. C.43, [1774

manner, and by the fame rules and regulations, as any forfei-
ture incurred by any law of the revenue may be fued for and
recovered^ in the kingdom of Great Britain or Ireland^ refpec-
tively : and after condemnation, the fame fhall be mehed down,
cut, or otherwife defaced, in fuch manner as the faid commif-
fioners of his Majefty's cuftoms and revenue refpedlively ftiall
dired ; and one moiety of the produce arifing by the fale there-
of, after being fo melted down, cut, or defaced, (ifirft deduc-
ing the charges of profecution and fale), (hall be to the ufeof his
Majefty, his heirs and fucceflbrs, and the other moiety to fuch
officer of the cuftoms as fliall fue and profecute for the fame. ^

II. And be it further enabled by the authority aforefaid. That
no tender in the payment of money made in the filver coin of
this realm of any fum exceeding the fum of twenty-five pounds,
at any one time, (hall be reputed in law, or allowed to be a le-
gal tender within Great Britain or Ireland^ for more than ac-
cording to its value by weight, after the rate of five fhillings,
and two- pence for each ounce of filver ; and no perfon to
whom fuch tender (hall be made (hall be any ways bound there-
by, or obliged to receive the fame in payment, in any other man-
ner tlian as aforefaid 3 any law, ftatute, or ufage, to the con-
trary notwithftanding.

III. And be it further enacted by the authority aforefaid.
That this adt (hall continue in fiDrce until the firft day o^ May^
one thoufand feven hundred and feventy-fix, and from thence
to the end of the then next feifion of parliament.

p A P. XLIIL

jin a5i for rebuilding the office of the fix clerks of the King's court of
chancery ; and for ere^ing offices for the regijler and accountant
general of the j aid courts for the better preferring the records^ de-
crees^ orders^ and books of account^ kept in Juch offices.

WHEREAS the prefervation of the records of the high cour't
of chancery^ and aljo of the hooks in which the decrees and
orders of the [aid court are entered^ and of ihe reports made by the
mafltrs of the f aid courts in purfuance of fuch decrees and orders \ and
alfo of the books of account of the cafh and effie^s belonging to the ful-
tors of the faid courts is of the utmofl confcquence to the faid fuitorSy
and to ihe publick in general : And luhereas ihe fix clerks of the faid
court are' fcifed^ to them and their fit cceffiors^ of the office called The
Six Clerks Office, and the feveral buildings bdor.ging thereto^ fi-
tuate on the wefl fide of Chancery Lane, zvithin the liberty of the
rolls ^ in the county ^Middlefex ; and the bufincfs of ihe faid courts
under their nianagetnenty is tranfatlcd in their faid office^ and the rer
cords in their cuftody^ confifling of bills ^ anfvers^ depofitions^ and
other pleadings and inrolments of decrees^ orders^ reports^ and other
proceedings y are depofited therein ; and the [aid office is a very ancient
buildings and become very ruinous : And ivbereas the faid books^
wherein the faid decrees and orders are entired^ and the reports made
m purfuance of fuch decrees and orders^ and the books of accou7it of
ihe faid cafi) and effe^s^ are depofited and kept In the office of the n-

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1774-] Anno decimo quarto Georgii III. c.4^; ^yr

gljler of the /aid court ^ and various hoks of account of the cafh and
effe^s belonging to the fuitors of the faid court are alfo kept in the
office of the accountant general of the faid court : And whereas the
rooms now ufed as offices for the faidregifler and accountant general
are^ from their fituation and conditio^,, in great hazard of being de-
Jlroyed by fire : And zuhereas a very confiderable fum of money ^ belong--
ing to the fuitors of the faid courts is now^ and has been for many
years y lying dead and unemployed in the bank ^England, being mo-^
ney accumulated under the a6i of parliament of the iweftb year of his
late majefiy King George the Firft^ intituled^ An a6t for the relief
cf the fuitors of the high court of chancery : And whereas by
four fever al a5ls of parliament^ paffied in the twelfth year of the reign
of his late nfnjefly King George the Second^ and in the fourth^ fifths
and ninth years of the reign of his prefent Majefty^ fever al fums of
- money ^ part of the money lying dead and unemployed^ have been
placed out on government or parliamenta^j fecu?'ities^ and fpecifick
parts of the inter efl arifnig therefrom have been appropriated for aug-
menting the income of officers belonging to the j aid court ; and by the
faid a£t^ paffied in the ninth year of the reign of his prefent Majefy^
it is^ amongft other things^ ena^edy That the furplus inter efl which
had arijen^ or vjhich Jhould or might arife^ from the fecurities pur^
chafed J and to be pur chafed^ in purfuance of the faid fever al a^s of par-
liament^ together ivith the ifitereft which fhould be produced from the
fecurities to be pur chafed with fuch furplus interefl^ Jhould^ by any
order or orders of the faid courts to be made for that purpofe^ from
time to iime^ be placed out on government fecurities ^ and that the in-
iereft or annual produce arljing from the faid fecurities fioould^ from
time to time, be received by the governor and company of the bank of
England, and fo much thereof as fhould arlfe from fecurities to he
purchafed with the furplus inter eft produced, and to be produced, from
fecurities purchafed in purfuance of the faid a5is of the twelfth year
of the reign of his late majefiy King George the Second, and of the
fourth year of the reign of his prefent Majefiy, and of the faid a5l
of the ninth year of the reign of his prefe?2t Majefiy, Jhould be placed
to the credit of an account to be raifed in the books kept at the bank,
of fecurities purchafed with the furplus money placed to the account of
interefi arlfingfrom monies placed out In purfuance of an aB of parlia-
ment, paffied in the twelfth year of his late 7najefy King George the
Second, andfo much thereof as jhould arlfe from fecurities to be pur^
chafed with the furplus Interefi produced, and to be produced, from
fecurities purchafed In purfuance of the faid a5l of the fifth year of
the reign of his prefent Majefy, Jf)ould be placed to the credit of an
account to be raifed in the faid books kept in the bank, of fecurities
purchafed with the furplus money placed to the account of Interefi a^
fifing from monies placed out in purfuance of an a 51 of parliament^
paffied in the fifth year of the reign of his prefent Majefiy : And
whereas there are now fandlng in the name of the jald accountant
general, under the title of fecurities purchafed with the furplus mo-
ney placed to the account of interefi arlfingfrom monies placed out in
purfuance of the faid a5i of the twelfth year of his late Majefiy, five
t})oufand four hundred and fifty pounds, three per centum confolidat-

C c 3 a

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27^ Anno decimo quarto Georgii IIL c.43. {1774.

ed bank annuities y and in cafh^ fourteen pounds ^ three /hillings^ and
four-pence y and there ore alfo flanding^ in theiiafne of the f aid ac-
countant general^ under the title of fccurities pur chafed^ with the fur-
plus money placed to the account of' inter eft arifmg from monies placed
cut in purfuance of the faid acf of the fifth year of the reign of his
prefent Majejly^ four thoufand [even hundred and fifty pounds^ three
per centum bank confohdated anhuities^ and i?7 cajh three flMings
and ten-pence ; which annuities and cofi) are unappropriated^ and it
zoill be no injury to the fuitors of the faid court if the fame ^ and alfi
the fur plus inter eft which fi:all hereafter arife from the faid annuities^
end from the fe curl ties purch{ifed purfuont to the fever al aSfs before
wentioncd^ fnall be employed towards raiftng a fu?id for rebuilding
and erctting the faid feve^'al offices^ and in pur chafing fuch ground as
viay he neceffary for fuch purpfes ; and if a fum of money ^ not ex-
ceeding fifty thoufand pounds^ port of the money lying dead and un-
employed as aforefaid^ fimll be placed cut at inter eft on gover?jment or
parlianh^ntary fecuritiesy mid the inter eft thereof ^ or fo much as ft:) oil
■b^ necrfavy^ applied for the fame pur pofe -^ be it en a died by the
King's moil: excellent majefly^ by and with the advice and con-
fent of the lords fpiritual and temporal, and commons, in this
prefent parliament afiembled, andby^the authority of the fame,
50,0001. out That out of /the ca(h belonging to the fuitors of the faid court
g^ the caOi ^f chancery, which now lies, or Ihall hereafter h'e dead and un-
fuiTorfTn^ ^ 'employed in the bank of England^ a fum nor exceeding fifty
chancery^ thoufand pounds it\^\\ and may, by virtue of any order or orders
nuw lying in of the faid ccxurt to be made for that purpofe, from time to
the bank, time be placed out in one entire fum, or in parcels, on fuch
on govern- ^ government or parliamentary fecurities, as in and by fuch or-
nientfecuri- 3ers (hall be directed, to the intent that the intereft and annual
tics I produce arifing from the mohe.y fo to be placed out may be ap-

plied for the purpofes herein-after mentioned 5 and that the faid
court of chancery may, by order or orders of the faid court,
from time to time, change the fecurity or fecurities on which
the faid monies fnall be fo placed out, as the faid court (hall
think expedient.
Outoffnms II. And be it further enacted. That out of the fecurities

granted by purchafed wiih the fu.''plus m.oney placed to the account of in-
h.rmcr act?, tereft arillng; from monies placed out in purfuance of the faid
rtbuiiciiirt;- ^^ of the twelfth year of his late majefty King George ^ht Se-^
TlieSix (-iciks cond, and oi:it of the intereft produced, and to be produced, ^
Office, &c. is from fuch fecurities; and alfo out of the fecurities purchafed
to be paidj \^nh the furplus money placed to the account of interefi arifing
from monies placed out m purfuance of the faid a61 of the fifth
year of ilie reign of his preltni Majefty ', and out of the intereft
produced, and to be produced, from fuch fecurities, and out
of the forplos intereii vvhich (hall arife or be produced from
fecuriues ]u;rcl)2fed in j>tii fuafi'-'e of i})e faidfeveral 3(5is of the
twelnh year of the rcigivof his late Majclly, and of. the fourth^
t fitlh, and nimh years of the rqignof his pre lent .Majeity ; and

out of the intereii wliicli (h^l arife or be produced from fecuri-
ties to be purchaied in purdiance of this a6t^ fuch iiioi Qr;fiims

o£

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1774'] Anno decimo quarto GeorGIiIIL C.43. 577

of money as the lord high ch^ncdlov of Great Br Itc2i/7^ or the
lord keeper, or lords commiffioners, for the cuftody ot the
great Tea] of Great Britain for the time being, fhail, in his and
their difcretion deem necefTary, be paid, by virtue of any order
or orders of the faiid court, and be applied under the diredioa
of the faid court ; In the firft place, in paying and defraying the
charges and expences attending the paffing and obtaining this
a6l, and then in rebuilding the faid' office, called The Six Clerks
Office^ with the offices belonging thereto, and in purchafing
ground and houfes for that purpofe, if any fhall be deemed
neceffary by the faid court, and in providing a proper place for
tranfa6ling the bufmefs of the faid Six Clerks Office^ during the
time fuch office fhall be rebuilding; and the fum of ten thou-
fand pounds in ere6iing proper and convenient oiiiCQS for the
faid regifter and accountant general of the faid court, feparate
Vknd detached from each other, and in purchafing fuch ground
and houfes as fnall be neceffary for thofe' purpofes, and for pre-
ferving the ancient books of entries of decrees and orders of
the faid court ; and that the ground and houfes, to be purchaf- and the pre-
ed for the purpofe of rebuilding the faid fix clerks office, if any ^'^^^^^ ^^ ^^
fuch fhall be deemed neceffary, be conveyed to, and ve{l:ed in, J^^^/r ^V^^
the faid fix clerks; to hold to them, and their fuccefTors for
ever, in trufl:, for the purpofes in this a6l mentioned ; and that
the ground and houfes to be purchafed for the purpofe of ere*5l- -
ing the faid offices for the faid regifter, and accountant general
be conveyed to and vefted in Thomas A?igui/h^ efquire, accoun-
> tant general of the faid court, to hold to him and his fucccefTors, '

for ever, and which are hereby vefted in the faid Thomas Anguijh^
and his fuccef^brs, in the faid office for the time being, for ever,
in trufl, to and for the purpofes in this ad mentioned, concern-
ing the offices of the faid regif]:er and accountant-general, and
for no other ufe or purpofe whatfoever.

III. Provided always. That from fuch time as the lord high After the
chancellor of Great Britain^ lord keeper, or lords commlffioners charceflor.&c,
for the cui^ody of the great feal for the time being, fliall deem ^^^'^ deem the
the purpofes of this a6t to be fully fatisfied, and fhall, in tefli- a^Hatilfied ^
mony thereof, by an order of the faid court, declare the fame,

and dire6l the accountant general of the faid court not to iffue
any draft, and the governor and company of the bank of Eng^
land not to ilTue any further fum or fums of money for any of
the purpofes aforefaid, the appropriation herein-before made of
the furpius money placed to the account of interefl arifing ixovci
monies placed out in purfuance of' the faid a<fl oi the twelfth
year of his late majefly King George the Second, and of the fur--
plus money placed to the account of interefl: arifing from mo-
nies placed dut in purfuance of the faid a6l of the fifth year of
his prefent Majefty, and alfo of the interefl of fecurities to be ^^^ ^PP^'^P"^"
purchafed purfuant to this a6t Ihall, from thenceforth, ceafe ^^ ^^\\\l^^^l
and be at an end.-

IV. And be it further enaded, That the interefl: and annual intereR: ara»
produce arifing from the fecurities to be purchafed in purfuance fa^^g ^"i'Gm fe-^ s

C c 4 (jfcumiestobe

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37^ Anno decimo quarto Georgii III. 0,44. [1774,

received by f^f this aft fhall, from time to time, be received by the governor
ot*the b^ank!^ ^"^ company of the bank of England^ and placed to the credit
of an account to be raifed in the books kept there for thefuitors
of the faid court, of intereft ^arifing from money placed out in
purfuance of this a6l; and that the furplus intereft which (hall
arife from fuch fecurities, after fo much thereof as (hall be necef-
fary for the purpofes aforefaid (hall have been raifed thereout, or
out of the feveral other funds hereby provided for raifmg the
fan^e ; and alfo the interefl which fhall be produced from the fe-
curities to be purchafed with fuch furplus intereft, as herein-af-
ter mentioned, fliall or may, by any order or orders of the faid.
court of chancery, to be made for that purppfe, from time to
time, be placed out on government or parliamentary fecurities ;
and the intereft or annual produce ariiing from fuch fecurities
fliall from time to time, be received by the governor and com-
pany of the bank of Erighnd^ an(J fliall be placed to the credit of
an account to be raifed in the books kept at the bank for the
fuitors of the faid court, of the fecurities purchafed with the fur-
plus m,oney placed to the account of intereft arifing from mo-
nies placed out in purfuance of this a6f.
If any part of y^ Provided always, and be it further enaiSed and declared,
^^acedout *^ That if, at any time hereafter, the whole, or any part of the
^laU^e^want- faitl fum of (ifty thoufand pounds, hereby directed to be placed
cd, the court out as aforcfaid, (hall be wanted to anfwer any of the demands
niaydireathe ^f the fuitors of the faid court of chancery; then, and in fuch.

calledtn^for ^^'^^ ^^^"^ ^^^^ ^^'^^'^ ^^^>' ^"^ ^^^^ d\x^^ the fame, Or any part

the life of the thereof, to be called in, or the fecurities in which the fame (hajl

fuitors. be placed to be difpofed of, in order that the fuitors of the faid

court iTiay, at all times, be paid their refpedive demands out of

^he common and general caili belonging to fuch fuitors.

C A P. XLIV.

Ap oc^ io amend an a5l^ made \n the Hveniy-fecond year of the reign
of his late wa]ej1y King George the Second^ intituled^ An a6t for
the more effectual preventing of frauds and abufes committed
by perfons employed in the manufadure of hats, and in the,
woollen, linen, fulfian, cotton, iron, leather, fur, hemp,
flax, mohair, and filk manufadures ; and for preventing un-
lawful combinations of journeymen dyers and journeymen
hot'prelTers, and of all perfons employed in the faid feveral
manufactures ; and for the better payment of their wages.

V h\ ^T7 HERE AS ^_y ^;2 tf^ of parliament made in the twenty -

^rcvim . yy fecond year of the reign of his late ?7iajefy King George the

^^%^i.G^o.z. fecondy intituled^ An a6l for the more eftedual prcenting of
frauds and abufes committed by perfons employed in the manu-
facture of hats, and in the woollen, linen, fuftian, cotton, iron,
leather, fur, hemp, flax, mohair, and filk manufadtures; and
for preventing unlawful combinations of journeymen dyers and
journeymen hot-prefTers, and of all perfons emplo3^ed in the
laid feveral nrianufa^^ures ; and for the better payment of their

^ages^

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I774-J Anpo dccimo quarto Georgii III. c. 44. 379

wages ; certain punijhments^ therein mentioned^ are to be infilled
vpon oil perfons who Jhall reel falfe or jhort yarn : And whereas ^ it
hath been found by e^cperience^ thai the punijhments direEied to be in-
jli5led by the f aid a 51 for reeling falfe or Jhort yarn are too fever e^ on
which account offenders go frequently vnpunified^ and many honefl in-
duflrioiis perfons are deterred from fpinning ; may it therefore pleafe
your Majefty that it may be enadled ; and be it enaded by the
King's moft excellent majefty, by and with the advice and con-
fent 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 paffing of this ad, fo much of the faid repealed, con-
recited ad as fubje6ls any perfon or perfons to any P""^^"^^^^ rS"/{hort
whalfoever for reeling falfe or ftiort yarn, fhali be, and the fame ^arn,
is hereby repealed.

II. Jndy in order to prevent perfons reeling falfe or fiort yarn for Penalties in^
the future^ be it further enaded. That, from and after the flifted by this
pafTmg of this a6l, if any perfon or perfons (hall reel falfe or ?^»^^^^^^^^^'
Ihort yarh, and ^all be thereof lawfully convided by the oath y^^ln,^^^
of the owner of fuch yarn ; or in cafe fuch owner is one of the
people called ^akers^ then upon the folemn affirmation of fuch
owner, or of any other credible witnefs or witnefTes, or by the
confeffion of the perfon or perfons charged with fuch offence,
before any one or more juftice or juftices of the peace, of the
county, riding, divifion, city, liberty, town, or place, where
fuch offence (hall be committed, or where the perfon or perfons
fo charged fliall refide or inhabit, (which oath fuch juftice or
juftices is and are hereby impowered and required to admini-
fter), fhall, for the firft offence, forfeit and pay any fum not for thefirft
exceeding twenty ihillings, nor lefs than hvo. Ihillings, and for offencej not
the fecond offence, any fum not exceeding five pounds, nor lefs exceedingaos.
than forty fliillings ; and for the third, and every other offence, ^ond, 5!. '
it fhall and may be lawful to and for fuch juftice or juftices of and, for the
the peace to commit the perfon or perfons fo convidled to the third, impri-f
houfe of corredion, or other public prifon of fuch county, ri- ^^nm^nt k>r
J- J- r • ru . 1 .1 . u 1 \^ one montbj

dmg, divinon, city, hberty, town, or place, there to be kept to and to be pub-
hard labour for the fpace of one calendar month, and alfo to Uckly whip-
order the perfon or perfons fo convided to be once publickly ped.
whipped at the neareft market town to where the offence was
committed, and upon a market day; all which penalties and
forfeitures ftiall go to the party aggrieved.

III. And be it further enaded. That the juftice or juftices,
before whorn any offender ft^all be convi6led as aforefaid, fliall
caufe the faid convidion to be made out in the manner and
form following ; that is to fay :

BE it reme??ibered^ That on the \ Form of cdii^

day of in the year of our Lord vi6lion,

A. B. is convi5ied before me^ or uSy of his Majejlys

juftices of the peace ^ for

[fpecifying the offence, and the time and place when and
yvhere the fame was committed, and alfo fpecifying that it was

3 ^^^^.

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3^0 , Anno decimo quarto GeoRgii III. c.44. [1774.

the firft, fecohd, or third offence againft this aa' as the cafe
(hall be.]

Given under my hand and feal^ or our hcinds and feal^ the
day and year aforefi ' '

ConviRion to
be: wrote on
parch men t,
and returned

to the next
gerier:\l quar-
ter Iciuon.

Convictions
may be deli-
vered vo ptr-
fons> on pay-
ing 1 s. each
copy.

Perfons may
£ppeal to the
quarter ief-
iions 5

entering into
recognizance.

If cof^s be not
paid, accDJ-d-
ing to order
of the j aft ices,
they may be
levied by dil-
trefs, &c.

snd v;here
tliCre a.' e no
goode, the
per ions ^> be
committed.

■proceedings
not to be
t;M5(hed ror
want of form.

Which conviaion the faid juftlce or juftices (hall caufe to be
fairly wrote on parchment, and returned to the next general .
quarter feflion of the peace for the county, riding, divinon, city,
hbenyj town, or place, where fuch convi6lion was made, to be
jfiled by the clerk of the peace, and remain and be kept among
the records of fuch county^ riding, divifion, city, hberty, town,,
or place.

IV. Provided always, and be it further enaded by the au-
thority aforelaid, That it fiiall and may be lawful for any clerk
of the peace where any fuch convidion (hall be filed, as afore-
faid, and he is hereby required, upon^application made to him
by any perfon or perfons for that purpofe, to caufe a copy or
copies of any convi<5lion or convi6tions, filed by him under the
diredlions of this a61, to be forthwith delivered to fuch per-
fon or perfons, upon payment of one fhilling for every fuch
copy.

V. Provided neverthelefs. Thai if any perfon or perfons, who
fl'iall be convided as aforefaid, Oiall be defirous of appealing to
the next general or quarter fefhons of the peace 4o be holden
for the county, riding, city, or place, wherein the caufe of com-
plaint ftiall arife, fuch perfon may, at the time of fuch con-
vi61ion, enter into a fufficient recognizance conditioned to
try fuch appeal, abide the order of, and pay fuch cofis as
fr/all be adjudged by the judices, at fuch fedions, and the
f?.id judices at fuch feffions, fiiali and are hereby authorifed
and required to take cognizance of fuch appeal, and may
affirm fuch convifiion, and award fuch cofts, as they the faid
juftices (hall think proper : And in cafe the fame are q^ot paid,
according to the order of the faid juftices, fuch cofts may be re-
covered by diftrefs and fale of the goods and chattels of the per-
fon who ought to pay the fame, by warrant under the hand and
feal of any j'jftice of the peace for the county, riding, divifion,
pity, liberty, town, or place, where fuch perfon ftiall be or re-
ftde ; and if no goods and chattels belonging to fuch perfon caa
be found, fufficient to pay the cofts, and the charges of mak-
ing fuch diftrefi, the faid juftices may caufe the perfon to be
committed to the common gaol of fuch county, riding, divifion^
city, liberty, town, or place, there to remain, without bail or
mainprize, for the fpace of three calendar months; and the de~
termination of tlie faid fefTions ftjall be final, binding, and con-
ciufive, to all intents and purpofcs : And no order made concern-
ing any of the matters aforefaid, or any other proceedings to be
had touching the convicStionorconvidiions ofany offender againft
this act, ihall be quafhed or vacated for want of form, or be re-
moved by Certiorari^ or any other writ or procefs whatfoever,
into any oi his Msjefty's courts of record at JVeJlinv'-JTer.

^ i^ A k^

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17 74'] Anno decimo quarto Georgii ILL c. 45, 2^1

C A P. XLV.

[/in a5f for the better regulating the government of the provmce of
the Maflachufet's Bay^ in New England.

WHEREAS hy letters patent urder the great feal of Eng- Preamble, re-
land, made in the third year of the reign of their late ma- citing letters
jefies King W\\\\zxf\ and ^.eenM.'d.X'j^ for uniting^ ere5iing^ ^^"^C^l^&M^Is
incorporating^ the fever al colonies^ territories^ and tra^ii of land there-
in mentioned^ into one real province^ by the riame of 'T\\€\x yi^iti"
ties Province of the Maffachufet' s Bay^ in New England ; ivhere*
'by it was^ omongjl other things^ ordained and eftablified^ That the go^
vernor of the f aid province fhould^ from thenceforth^ he appointed an i
co7nmiffionaied by their Majcfies^ their heirs and fucceffors : It ivas,
hotvever^ granted and ordained^ That^ from the expiration of the
term for and during %uhich the eiglh and twenty peifons named in the
faid letters patent zvere appointed to be the firft counfellors or ajfif-
tants to the governor of the faid province for the time beings the afore--
faid number of eight and twenty counfellors or afijlants Jhould yearly^
once in every year^ for ever thereafter^ be^ by the general court or
ajfe?72hly^ neivly chofen : Jnd zvhereas the faid method of elsBing fuch
counfellors or affiants^ to be ve/ied with the feveral power s^ autho^
rities^ and privileges ^ therein mentioned,, although conformable to the ,
practice theretofore iifed Infuch of the colonies thereby united^ in vjhich
the appointmeM of the refpettive governors' had been vefledin the ge-
neral courts or offemhlies of the J aid colonies^ hath^ by repeated expe--
rience^ been found to be extremely ill adapted to the plan of govern-
ment eflablifjed in the province, of the Maffachufet's Bay, by the
faid letters patmt herein-before mentioned^ and hath been fo far from
contributing to the attainment of the, good ends and purpofes thereby in-
tended^ and to the promoting of the internal welfare^ peace ^ and good '
government^ of the faid province^ or to the maintenance of the juji
fubordination to^ and conformity withy the laws of Great Bri-
tain, thaf the manner of exerciftng the poivers^ authorities^ and pri-
vileges aforefaidy by the perfons fo annually ele^ed^ hathy for fome
time paji^ been fuch as had the mofl manifejl tendency to obflru5i^
cnd^ in great meafure^ defeat ^ the execution of the \avjs ; to iveahen
the attachment of his Majefys ivell-difpofed fuhje5is in the faid pro-
vince to his Majejlfs government^ and to encourage the ilUdifpofed
among them to proceed even to aBs of direB refifiance to^ and defi-
ance of his Mojepfs authority : And it hath accordingly happened.^ ^
that an open refefance to the execution of the laws hath aclualiy taken
place in the tow^^ of Bodon^ and the neighbourhood thereof^ ivithin
the faid province : And luhereas it is, under thefe cir cum fiances^ be-
come abfoluteh necefpiry-^ in order to the prcfervation of il^e pence and
good order of the faid province^ the protefiion of his Majejlys well-
dtlpofed fub jells therein refident^ the continuance of the nrutual bene-
fits arifrng from the commerce and correfpondence bettveen this king-
dom and thefaid province^ and the maintaining of the yujl depe^ulance
of the faid province upon the crown and parliament of Gx&zx Britain^'
ibcit the faid method of annuQlly electing the counfillors or afilftantt of .

the

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3^2 Anno declmo quarto Georgii III. c.45. [1774:

the/aid \pravince JhouU no longer be fiiffercd to continue, hut that the
appointment of the /aid counfcllors or offijiants Jhould henceforth he
put upon the like footing as u efahlijhed in fuch other of his MajeJIfs
colonies or plantations in America, the governors vjhereof are ap-
pointed hy his Majeffs conmifion^ under the great feal of Great
Britain : Be it therefore erhaaed by the King's moft excellent
Majefty, by and with the advice and confent of the lords fpiri-
tual and temporal, and commons, in this prefent parliament
After A^jg. i. alTemblcd, and by the authority of the fame. That from and
1774. the laid after the firft day of Augyft^ one thoufand feven hundred and
tobTvoiT"' Seventy-four, fo much of the charter, granted by their majefties
King William and Queen Mary to the inhabitants of the faid
province of the Majachufefs Bay, in New England^ and all and
every claufe, matter, and thing, therein contained, which re-
lates to the time and manner of eledfing the affiftants or coun-
fellors for the faid province, be revoked, and is hereby revoked
and made void and of none effe6l ; and that the offices of all
counfellors and affiftants, elected and appointed in purfuance
Council bow thereof, fhall from thenceforth ceafe and determine: And that,
pofed^^"^' from and after the faid iirft day of Auguf^ one thoufand {^vtn
*^^ ' hundred and feventy-four, the council, or court of affiftants of

the faid province for the time being, (hall be compofed of fuch
of the inhabitants or proprietors of lands within the fame as
fhall be thereunto nominated and appointed by his Majefty, his
heirs and fucceiTors, from time to time, by warrant under his
or their fignet or fign manual, and with the advice oi the pri-
vy council, agreeable to the prax^^ice now ufed in refpecV to the
appointment of counfellors in fuch of his Majefty's other colo-
nies in America^ the governors whereof are appointed by com-
miffion under the great feal oi Great Britain: provided, that the
number of the faid affiftants or counfellors ftialj not, at any one
time, exceed thirty-fix, nor be lefs than twelve.
Powers of the II. And it is hereby further ena6led, That the laid affiftants
laid ccunfel- or counfellors, fo to be appointed as aforefaid, (hall hold their
'^^^' offices refpe61ively, for and during the pleafure of his Majefty,

his heirs or fucceftbrs; and ftnall have and enjoy all the powers,
privileges, and immunities, at prefent held, exercifed, and enjoy-
ed, by the affiftants or counfellors of the faid province, confti«
tuted and ele6led, from time to time, under the faid charter,
(except as herein- after excepted) ; and ftiall alfo, upon their ad-
miflion into the faid council, and before they enter upon the
execution of their offices refpedively, take the oaths, and make,
repeat, and fubfcribe, the declarations required, as well by the
faid charter as by any law or laws of the faid province now in
force, to be taken by the affiftants or counfellors who have been
{(^ elected and confti tuted as aforefaid.
The governor i\\^ ^^d be it further enad^ed by the authority aforefaid,
remove'ud^^ That from and after the firft day of July, one thoufand {tvtx\.
commiffion^rs' hundred and feventy-four, it (hall and may be lawful for his
of Oyer and Majefty's governor for the time being of the faid province, or.
Terminer, Uu jp hjs abfence, for the lieutenant-governor, to nopiinate and ap-

poin^^

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I774-] Anno decimo quarto Geo^gii IIL c. 45- 3^3

point, under the feal of the province, from time to time, and
alfo to remove, without the confent of the council, all judges of
the inferior courts of common pleas, commiffioners of Oyer and
Terminer^ the attorney general, provofts, marflbals, juftices of
the peace, and other officers to the council or courts of judice
belonging; and that all judges of the inferior courts of com-
mon pleas, commifTioners of Oyer 2ind Terminer^ the attorney
general, provofts, marihals, juftices, and other officers fo ap-
pointed by the governor, or, in his abfence, by the heutenant-
governor alone, (hall and may have, hold, and exercife, their
faid offices, powers, and authorities, as fully and completely, to
all intents and purpofes, as any judges of the inferior courts of
common pleas, commiffioners of Oyer and Terminer^ attorney
general, provofts, marshals, or other officers, have or might
have done heretofore under the faid letters patent, in the third
year of the reign of their late majefties King WiUiam and
Queen Mcry 3 any law, ftatute, or ufage, to the contrary not-
withftanding.

IV. Provided always, and be it ena6led. That nothing here- Nothing here-
in contained ftiall extend, or be conftrued to extend, to annul 1"^*^"^^^"^^
or make void the commiffion granted before the faid firft day of commi/Tion^
^uly^ one thoufand feven hundred and feventy-four, to any granted before
judges of the inferior courts of common pleas, commiffioners of J^ly ^n^*
Oyer and Terminer^ the attorney general, provofts, marfhals,

juftices of the peace, or other officers; but that they may hold
and exercife the fame, as if this adl had never been made, until
the fame ftiall be determined by death, removal by the gover-
nor, or other avoidance, as the cafe may happen.

V. And be it further ena6fed by the authority aforefaid, That, Goyert^or to
from and after _the faid firft day of Jiilyy one thoufand feven appomc Oie^
hundred and feventy-four, it Ihall and may be lawful for hi^ nffs without
Majefty's governor, or, in his absence, for the lieutcnant-p-o- %^ <^o'^^^nt
vernor ror the time bemg or the faid provmce, from time to

time, to nominate and appoint the fheriffs without the confent
of the council, and to remove fuch (herifFs with fuch confent,
and not otherwife.

VI. And be it further ensdted by the authority aforefaid. That, On a vacancy
upon every vacancy of the officers of chief juftice and judges of °^^^^, °^*^^ ^^
the fuperior court of the faid province, from and after the faid &c\^ th"e got*
firft day of July ^ one thoufand feven hundred and feventy-four, vernor may
the governor for the time being, or, in his abfence, the lieute- appoint the
nant-governor, without the confent of the council, ftiall have full ^"c^^ff<^r8t
power and authority to nominate and appoint the perfons to

fucceed to the faid offices, who fhall hold their commiffions du-
ring the pleafure of his Majefty, his heirs and fucceflbrs ; and that
neither the chief juftice or judges appointed before the faid firft:
day of July^ one thoufand feven hundred and feventy-four, nor
thofe who ftiall hei^after be appointed purfuant to this a(fl, (hall
be removed, unlefs by the order of his Majefty, his heirs or
fucceftbrs, under his or their fign manual.

VH. Arjd tuhereasy by fever al a^s of the general courts which

have

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3S4 Anno decimo quarto GeoRGII III. C.45. [1774.

have been from time to time enaSied and pajfed within the faid pro-
vince^ the freeholders and inhabitants of the feveral ioivnfoips^ dif
tritls^ and prccin^s^ qualified^ as is therein expref]}d^ are autkorifed
to affemble together^ annually^ or occafionally'^ upon notice given^ in
fiich manner as the [aid a^s dire 51, for the choice of feleB nun, co?i-
f^ables^ and other officers, and for the making and agreeing upon fuck
necefjary rules^ orders, and bye-laws, for the dire tiing, 'managing,, and
ordering, the prudential affairs of fuch townjlnps, diJlriBs, and pre-
cin5is, and for other, purpofes : and whereas a great abufe has been
made of the power of calling fuch meetings, and the inhabitants have^
contrary to the defgn of their inflitution, been mifed to- treat upon
matters of the moj} general concern, and to pafs many dangerous and
No meeting unwarrantable refolves : for remedy whereof, be it enadeci. That
^'itho'^t^ir^ f^oi^ an<^ after'the faid ^\{i day oi Aitguft, one thoufand kvtxi
cJnientofthe ^^""^^^^ ^"^ feventy-four, no meeting (hall be called by the
governor. ~ fele6l men, or at the requeft of any number of freeholders of any
townfnip, dillri6V, or precin6l, without the leave of the gover-
nor, or, in his abfence, of the lieutenant-governor, in writing,
expreffing the fpecial bufinefs of the faid meeting, firli had and
obtained, except the annual meeting in the months oi March or
May, for the choice of kXtS. men, condables, and other officers,
or except for the choice of perfons to fill up the offices aforefaid,
on the death or removal of any of the perfons firft eleded to
fuch offices, and alfo, except any meeting for the eledion of a
reprefentative or reprefentatives in the general court j and that
no other matter fiiall be treated of at iuch meetings, except the
election of their aforefaid officers or reprefentatives, nor at any
other meeting, except the bufinefs expreffed in the leave given
by the governor, or, in his abfence, by the lieutenant-go-
vernor.
Jurors to be VIII. And whereas the method at prefent i fed in the province of

^^h^T^^T ^^ MaiTachufet's Bay, in America, of ekatng perfons to ferve on grand
only, ^^^ ^' j^^'i^h ^^id other juries, by the freeholders and inhabitants of the feve-
ral towns, affords occafion for many evil pr a 51 ices, and tends to per^
vert the free and impartial a dihimf ration of jufice : for remedy
whereof, be it further enadled by the authority aforefaid, That,
from and after the refpedive times appointed for the holding of
the general feffions of the peace in the feveral counties within
the laid province, next after the month of September, one thou-
fand kvQii hundred and feventy-four, the jurors to ferve at the
fuperioi: courts of judicature, courts of affize, general gaol de-
livery, generalfeffions of the peace, and inferior court of com-
mon pleas, in the feveral counties within the faid province, fhall
not be elected, nominated, or appointed, by the freeholders and
inhabitants of the feveral towns within the faid refpective coun-
ties, nor fum^moned or, returned by the confiables of the faid
towns; but that, from thenceforth, the jurors to ferve at the
fupericr courts of judicature, courts of affize, general gaol deli-
very, general feffions of the peace, and inferior court of common
pleas vC'ithin the faid province, fliall be fummoned and returned
by the Iheriffs of the refpedive counties within the faid pro-

- .' vince^

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1774-] Anpo declmo quarto Georgii III, c. 45, 3S5

vince; and all writs of Venire Facias^ or other procefs or war-
rants to be iffued for the return of jurors to ferve at the faid
courts, ^all be dlreded to the IherifFs of the faid counties re^
fpcdively, any law, cuftom, or ufage, to the contrary notwith-
ftanding.

IX. Provided always, and be it further enabled by the autho- when a Oie-
rity aforefard, That wherever the fherifF of any county ihall riff ftali be a '
happen to be a party, or interefted or related to any party or P^*^^/' "^'[^^
perfon interefted in any proiecution or iuit depending in any or executed by
the faid courts ; that then, in fuch cafe, the writ o^ Venire Facias^ the coroner.
or other procefs or warrant for the fummoning and return of a

jury, for the trial of fuch profecution or fuit, (hall be direded
to, and executed by, the coroner of fiich county; and in cafe
fuch coroner (hall be alfo a party, or interefted in, or related to,
any party or perfon interefted in fuch profecution or fuit, theri
the Venire Facias^ or other procefs or warrant, for the fummon-
ing and return of a jury for the trial of fuch profecution or fui£
fhall be direded to, and executed by, a proper and indifferent:
perfon, to be appointed for that purpofe by the court wherein
fuch profecution or fuit fliall be depending.

X. And that all Jheriffs may be the better ifjformed of p erf an s <^on^Mes to
Gualified to ferve on juries at the fuperior courts of judicature^ courts <^^'iver_iii lifts

r in -^ 1 1 J T 7 r rr r\i ^ j - r to the luftices

ofajfize^ general gaol delivery^ general jejjwns of the peace ^ and infe- ^^ ^^^ names

ricr court of common pleas^ within the faid province^ be it further of perfons
enaded by the authority aforefaid. That the conftabJes of the within the
refpedive towns, within the feveral counties of the faid pro- ^^^P^^^^'^
vince, fhall, at the general feflions of the peace to be holden for ^^^^^»
each county, next after the month of September in every year,
upon the firft day of the faid feffions, return and deliver to the
juftices of the peace, in open court, a true lift,. in writing, of the
names and places of abode of all perfons within the refpedive
towns for which they ferve, or the diftridis thereof, qualilied to
ferve upon juries, with their titles and additions, between the
age of one and twenty years and the age of feventy years ; which
faid juftices, or any two of them, at the faid feftions in the re-
fpeclive counties, ihall caufe to be delivered a duplicate of the
aforefaid lifts, by the clerk of the peace of every county, to the
fheriffs, or their deputies, within ten days after fuch feinons ;
and caufe each of the faid lifts to be fairly entered into a book, which are to
by the clerk of the peace, to be by him provided, and kept for t>e entered ia
that purpofe amongft the records of the faid court; arid no ^^°|^^ ^V ^^«
(heriff fhall impanel or return any perfon or perfons to ferve up- ^ ^^ ^*
on any grand jury, or petit jury, whatfoever, in any of the faid
courts that ftiall not be named or mentioned in fuch lift : and,
to prevent a failure of juftice, through the negled of conftables
to make fuch returns of perfons qualified to ferve on juries, as
in and by this ad is direded, the clerks of the peace of the faid
feveral counties are hereby required and commanded, twenty
days at leaft next before the month of September^ yearly, and
every year, to ilTue forth precepts or warrants, under their re-
fpedive hands and feals, to the refpedive conftables of the feve-
ral

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3S6

Penalty of 51.
if conftables
fail to deliver
lifts.

Penalty of
40 s. if the
conftable wil-
fully deliver
in wrong lifts,

In default of

lifts by the
conftable,
iheriffto
fummon per-
sons qualifi<:d.

Anno decimo quarto Georoii III. c* 4.5* [1774,
ral towns within the faid refpedive counties, requiring them,
and every of them, to make fuch return of perfons qualified to
ferve upon juries as hereby refpeaively direaed ; and every con-
ftable failing at any time to make and deliver fuch return to the
juftices in open court, as aforefaid, fhall forfeit and incur the
penalty of live pounds fterhng to his Majefty, and his fuccef-
fors : to be recovered by bill, plaint, or information, to be pro-
fecuted in any of the courts aforefaid; and, in order that the
conftables may be the better enabled to make complete hfts of
all perfons qualified to ferve on juries, the conftables of the
fevei al towns Oiall have free liberty, at all feafonable times, up-
on requeft by them made to any officer or ofiicers, who fiiall
have in his or their cuftody any book or account of rates or
taxes on the freeholders or inhabitants within fuch refpedive
towns, to infped the fame, and take from thence the names of
fuch perfons qualified to ferve on juries, dwelling within the re-
fpe6live towns for which fuch lifts are to be given in and re-
turned purfuant to this ad; and ftial), in the month of Septem-
ber^ yearly, and every year, upon two or more Sundays, fiX upon
the door of the church, chapel, and every other publick place of
religious wcrihip within their refpecfive precincts, a true and
exa6l lift of all fuch perfons intended to be returned to the faid
general feiTions o^ the peace, as qualified to ferve on juries, pur-
fuant to the dire6fions of this a6t ^ and leave at the fame time a
duplicate of fuch lift with the town clerk of the faid place, to be
perufed by the freeholders and inhabitants thereof, to the end
that notice may be given of perfons duly qualified who are
amitted, or of perfons inferted by miftake who ought to be
omitted out of fuch lifts ; and it fhall and may be lawful to and
for the juftices, at the general feftions of the peace to which the
faid lifts ftiall be fo returned, upon due proof made before them
of any p,erfon or perfons duly qualified to kvvt on juries being
omitted jn fuch lifts, or of any perfon or perfons being inferted
therein who ought to have been omitted, to order his or their
;iame or names to be inferted or ftruck out, as the cafe may re-
quire : and in cafe any conftable Qiall wilfully omit, out of fuch
lift, any perfon or perfons, whofe name or names ought to be in-
ferted, or (hall wilfully infert any perfon or perfons who ought
to be omitted, every conftable fo offending, (hall, for every per-
fon fo omitted or inferted. in fuch lift, contrary to the true intent
and meaning of this a6f, be fined by the faid juftices, in the
faid general feffions of the peace, in the fum of forty {hillings
fterling.

XL Provided always, and be it enacted by the authority
aforefaid, That in cafe default Ihall at any time hereafter be
made, by any conftable or conftables, to return lifts of perfons
qualified to ferve on juries within any of the faid towns to the
faid court of general feffions of the peace; then, and in fuch
cafe, it ihall and may be lawful for the iherifFof the county, in
which fuch default Ihall be made, to fummon and return to the
feveral courts aforefaid^ or any of them, fuch and fo many per-
fons

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17740 Anno dccimo quarto pEol^Gii III. C. 45. 3S7

fons dwelling in fuch towns, or the diftridls thereof, qualified to
ferve on juries, as he (hall think fit to ferve on juries ^t fuch
refpeclive courts ; any thing herein contained to the contrary
thereof in any-wife notwithftanding. r

Xfl, And be it further enacted by the authority aforefaid. Every fum-
That every fummons of any perfon, to ferve upon any of the .^^"s to be
juries at the faid courts, or any of them, (hall be made by the jfeforeThe^^^
Iheriff, or other perfon, ten days at the leafl before the holding holding of the
of every fuch court ; and in cafe any jurors, fo to be fummoned, court, &c.
fee abfent from the ufual place of his habitation at the time of
fuch fummons, notice of fuch fummons (hall be given, by leav-
ing a note, in writing, under the hand of fuch flieriff, or perfon,
containing the contents thereof, at the dwelling-houfe of fuch
juror, with fome perfon inhabiting in the fame.

Xlir. Provided always, and be it further ena6led by the au- I« cafe a ruffi-
thority aforefaid, That in cafe a fufficient number of perfons ^'^P^ """^i^®!",
qualihed to ferve on juries Ihall not appear at the laid courts, or ,^q^ attend
any of them, to perform the fervice of grand or petit jurors; the coart to
that then, and in fuch cafe, it (hall be lawful for the faid court iffue a precept '
to iflue a writ or precept to the (heriff^, requiring him to fum- for fuch ju-
mon a fufficient number of other perfons qualified to ferve on
juries, immediately to appear at fuch court, to fill up and com-
pleat the number of jurors to ferve at fuch court ; and fuch per-
ions are hereby required to appear and ferve as jurors at the faid
courts accordingly.

XIV. And be it further enadted by the authority afoi*efaid. No juror to
That no perfon who (hall ferve as a juror, at any of the faid ferve t^^ice in
courts, (hall be liable to ferve again as a juror at the fame court, ^^'"^^ y^^^^-
or any other of the courts aforefaid, for the fpace of three years

then next following, except upon fpecial juries.

XV. y^/7^, in crder that jheriffs may he informed of the perfons How fherifFs
who have ferved as jurors^ it is hereby further enaded by the au- ^^^ to be in-
thority aforefaid. That every fheriff fiiall prepare and keep a ^o^^^^/^f
book, or regifter, wherein the names of all fuch perfons who y!^^^ ibrved as
have ferved as jurors, with their additions and places of abode, jurors.

and the times when, and the courts in which they ferved, (hall
be alphabetically entered and regiftered ; which books or re-
gifters fliall, from time to time, be delivered over to the fucceed^
ing fheriif of the faid county, within ten days after he fhall enter
upon his office; and every juror, who Qiall attend and ferve at
any of the courts aforefaid, may, at the expiration of the time
of holding every fuch court, upon application to the 'h^rifi^, or
his deputy, have a certificate immediately, gratis^ from the
iherifF, or his deputy, teftifying fuch his attendance and fervice;
which faid certificate the faid fiierifi^, or his deputy, is required
to give to every fuch juror.

XVI. And be ii further enaded by the authoricy aforefaid. How a fufE-
That if, by reafon of challenges, or otherwife, there fliall not be cient number
a fufficient number of jurors for the trial of any profecution for <^n^^"<^^.s is to
any mifdemeanour, or any a6tion depending in any of the faid ^^"^"^ ^^^^^ •
courts; then, and in fuch cafe, the jury (hall be filled up de

Vol. XXX. Dd Talibus

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3S§ , Anno declmo quarto Georgii III. c. 45, [1774*

Tallbus Circiai[flantibus^ to be returned by the (herifF, unlefs he
be a party, or interefted or rented to any party or perfon in-
terefted in fuch profecution or adlion ; and, in any. of which
cafes, to be returned by the coroner, unlefs he be a party, or
interefted or related to any party or perfon interefted in fuch
profecution or aclion ; and, in any of thefe cafes, to be returned
by a proper and indifferent perfon, to be appointed by the court
for that purpofe.
Penalty (liould XVIL And be it further enacled by the authority aforefaid,
perfons not That in cafe any perfon fummoned to ferve upon the grand or
fer^.ron ^rand P^^^^ '^'"^^"^^^ ^^ any of the courts aforefaid, or upon the jury in
cr oedt jtiries. ^^"^y pi'^fecution, aclion, or fuit, depending in any of the faid
courts, Pnall not appear and ferve at the faid courts, according
. to the faid fummons, (not having any reafonable excufe to be
allowed by the judges or juftices at fuch court,) he (hall be fined
by the judges or juftices of fuch court in any fum not exceeding
the fum of ten pounds, nor lefs than twenty fliillings fterling. ,
Number of XVIII. And be it further enabled by the authority aforefaid,

|U£ors how to That every (herifF, or other officer, to whom the Venire Facias^
eacertained. or other procefs or warrant, for the trial of caufes, or fummon-
ing of juries, (liali be direcled, fliall,- upon his return of every
fuch writ, or other procefs or warrant, (unlefs in cafes where a
fpecial jury (liall be ftruck by order or rule of court, purfuant to
this acr,) annex a pannel to the faid vv^rit, or procefs, or war-
rant, containing the chriftian and furnames, additions, and
places of abode, of a competent nurpber of jurors, named in
fuch lifts, which number of jurors ftiall not be iefs than twenty-
four, nor more than forty-eight, without direction of the judges
or juftices of fuch court or feflion, or one of them, who are
hereby refpedlively empowered and required, if he or they fee
caufe, by order, under his or their refpedlive hand or hands, to
direct a greater number ; and then fuch number as (hall be
fo diredled ftiall be the number to be returned to ferve on
fuch jury. .

Names of the XIX. And be it further enabled by the authority aforefaid,
^liry how to That for the trials of all adions or fuits depending in any of the
bt drawn, f^jd courts, the name of each and every perfon who (hall be
fummoned and returned as aforefaid, with his ad<iition, and the
■place of his abode, fhall be written in feveral and diftin6l pieces
of parchment, or paper, being all as near as may be of equal
fize and bignefs, and (hall be delivered unto the oiricer to be
appointed by the court for that purpofe, by the flieriff, under
iheriff, or fonie agenr of his; and ftiall, by direction and care
of fuch officer, be rolled up all as near as may be, in the fame
ifianrjer, and put together in a box or glafs, to he provided for
thcjt purpofe; and when any cnufe ft^all be brought on to be
' tried, feme indifferent perfon, by direction of the court, may,
and ffra]], in open court, draw out twelve of tlie faid parchments
or papers, one after another j and if any of the perfons, whofe
riarnes nv-ill be fo drawn, ftiall not sppear, or (hall be challeng-
ed, iiAvA hich ciialienge 2i\\Qx^(:dy theii iuch perfon (hall proceed
i '"' to

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1774O Anno decinoo quarto G'Eo'RGli III. c.a^, ' '3S9

to draw other parchments or papers from the faid box, till
twelve indifferent perfons (hall be drawn ; which twelve indif-
ferent perfons being fworn (hall .be the jury to try the faid
caufe : and the names of the perfons fo drawn and fworn fhall
be kept apart by themfelves in fome other box or glafs, to be
kept for that purpofe, till fueh jury ihall have given in their
verdidl, and the fame is recorded, or until fuch jury fliall, by
confent of the parties, or leave of the court, be difcharged; and
then the fame names (hall be rolled up again, and returned to
the former box or glafs, there to be kept, with the other names
remaining at that time undrawn^ and fo toiies quoties^ as \Q^g as
any caufe remains then to be tried.

XX. And be it further enaded by the authority aforefaid, When the fd^

That it (hall and may be lawful to and for the fuperior court of P^"°r^^"^^
re A u c 1 ^- J I Or aliize, and

allize, and court or common pleas, upon motion made on be- common

half of his. MajePcy, his heirs or fucceffors, or on the motion of pleas may ap-
any profecutor or defendant, in any indidment or information point a jury*
for any mifdemeanor depending, or to be brought or profecuted
in the faid court, or on the motion of any plaintiff or plaintiffs,
defendant or defendants, in any a6tion, caufe, or fuit whatfo-
ever, depending, or to be brought and carried on in the faid
court, and the faid court is hereby authorifed and required, up-
on motion as aforefaid, in any of the cafes before mentioned, to
order and appoint a jury to be ftruck for the trial of any iifua
joined in any of the faid cafes, and triable by a jury of twelve
men, by fuch officer of the faid court as the court fhall appoint;
and for that purpofe the (heriff, or his deputy, fhall attend fuch
officer with the duplicate of the lifts of perfon*s qualified to ferve
on juries; and fuch officer (hall thereupon take down, in writ-
ing, from the faid duplicate, the names o^ forty-eight perfons
qualified to ferve on juries, with their additions, and places of
abode, a copy whereof fliall forthwith be delivered to the profe-
cutors or plaintiffs, their attornies or agents, and another copy
thereof to the defendants, their attornies or agents, in fuch pro-
fecutions and caufes ; and the faid officer of the court aforefaid
Ihall, at. a time to be fixed by him for that purpofe, ftrike out
the names of twelve of the faid perfons, at the nomination of
the profecutors or plaintiffs, their attornies or agents, and alfo
the names of twelve others of the faid perfons, at the nomina-
tion of the faid defendants in fuch profecutions and fuits, and
the twenty-four remaining perfons (hall be ffruck and fummon-
ed, and returned to the faid court as jurors, for the trial of
fuch iffues.

XXI. Provided always. That in cafe the profecutors or plain- Provilb,
tiff's, or defendants, their attornies or agents, fliall neglecl or
refufe to attend the officer at the time fixed for firik^ng the
names of twenty-four perfons as aforefaid, or nominate the per-
fons to be ftruck out; then, and in fuch cafe, the faid officer
fhall, and he is hereby required to ftri1';e out the names of fuch
number of the faid perfons as fuch profecutors or plaintiffs^ or
defendants, might have nprninated to be ffruck our,

Dd2- ■ XXIL.Aad

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390 Anno decimo quarto GlioRGil III. c. 46. [1774-

Perions ap. XXII. And be it further ena^ed, That the perfon or parry

fS Sies r^'"" ^^''^^ 'PP^y ^'''' ^''^'^ ^P'^^^^ J^^y ^' aforefaid, fliall not on]y
todthayfees ^^^"^ ^"^ pay the tecs for flrikingfuch jury, but (hall alfo pay
and expences. and difcharge all the expences occafioned by the trial of the
caufe by fuch fpecial jury, and (hall not have any further or
other allowance for the fame, upon taxation of cofts, than fuch
perfon or party would be intitled unto in cafe the caufe had
been tried by a common jury, unlefs the judge, before whom
the caufe is tried, (hall, immediately after the trial, certify, in
open court, under his hand, upon the back of the record, that
the fame was a caufe proper to be tried by a fpecial jury.
Cofts how to XXIII. And be it further enaaed by the authority aforefaid,
in a'!::l!ons '^^^'' '^^ ^^^ anions brought in any of the faid courts, where it
bioi.glu-. ihall appear to the court m, which fuch anions are depending,

that it will be proper and necefTary that the jurors who are to
try the iifues in any fuch adions, Ihould have the view of the
melluages, lands, or place in queftion, in order to their better
underftanding the evidence that will be given upon the trial of
iuch ilTues; in every fuch cafe the refpe6liye courts in which
fuch a6lions ihall be depending may order the jury to the place
in queftion, who then and there (hall have the matters in quef-
tion fnewn them by two perfons to be appointed by the'court;
and the fpecial colls of all fuch views as allowed by the court
fliall, before the trial, be paid by the party who moved for the
view, (the adverfe party not confenting thereto;) and (liall, at
the taxation of tlie bill of cods, have the fame allowed him, up-
on his recovering judgement in fuch trial ; and upon all views
with the confent of parties, ordered by the court, the. cofts
thereof, as allowed by the court, fliall, before trial, be equally
paid by the faid parties ; and in the taxation of the bill of colls
the party recovering judgement (hall have the fum by him paid
allowed to him; any law, ufage, or cuftom, to the contrary
notwithflanding.
Sberiffs may XXIV. And be it further enaded by the authority aforefaid,

plead rhe ge- That if any adion '(hall be brought againll: any (lieriff, for what
neraliilue. |^^ ^^^H do in execution, or by virtue of this ad, he may plead
the general ijfue, and give the fpecial matter in evidence; and if
a verdid (hall be found for him, he (hall recover trebje co[\$,

CAP. XLVL

jffi a^ to enable the comni[[[ioners for executing the office of treafllrer
of hh Majejifs exchequer^ or the lord high treafurer for the time
beings to pay, out of the revenue of the croivn^ certain reivards for
apprehending highway wen ^ and other offenders in the county pala-
tine ^/Durham.

Preamble. \K7 ^ ^ R E A S by feveral aSls, made in the fourth year of
Aas4.GuJ. & ^^ ^^^^^E, William and ^^icen Mary, and in the ftxth and
Marias, S Sc 7 fcventh years of King William, and in the fifth year of ^een
Gul. 5 Anns?; Anne, a7id in the third year of King George the firfi^ cettain
;ind 3 Geo, 1. j-^n^^^rds were dire^ed to be paid upon th$ convi^iiom of highwaymen^

clip-

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i;74-] Anno decimo quarto GeoRGIi III. c, ^6. 391

clippers^ comers^ or houfehreakers^ within England and Wales, in
the manner by thofe aBs dire^ed : and whereas thofe adis do not ex-
tend to the county palatine ^/Durham, and the judges zvho have gone
the northern circuit, have, for that reafon^ always refujed to give
certificates of the convictions offiich offenders, in the faid county pala-
tine, without ivhich certificates the apprehenders and conviclors of
fuch offenders^ are not by the faid a^s intitled to fuch rewards : and
whereas it is but jufi and reafonable that the inhabitants of the faid
county palatine, luho contribute equally with others to the fupport of
government in the payment of publick taxes, and other duties, fi^ould^
equally with the inhabitants of other counties and cities, enjoy that,
additional fccurity to their lives and property which arifes from a
proper encouragement being given to the apprehenders and convi5tor$
of the per[ons guilty of the offences in the Jdid a5is refpe^ively men-
tioned: and zvhereas^for want of fuch encouragement^ the faid county
palatine has already, in many injlances, and ivilU iff ^'^^V other, be-
come a place of refort and refuge for the niofl defperate ajtd deter-
mined villains : may it therefore pleafe your Majefty that it rnay
be enaded; and be it enaded by the King's mod excellent
inajefty, by and with the advice and conieht of the lords
ipiritual and temporal, and commons, in this prefent parh'a-
ment aflembled, and by the authority of the fame, That from Perfon^ ap,.
and aftec the palling of this ad, all and every perfon and per- ^^^^J^^J^^^"^
fons who fhall apprehend and take any perfon or perfons guilty guuVof'the
of any of the offences in the faid recited ads refpedively men- offences in
tioned within the faid county palatine of Durham, and profecute the a6^s
him, her, or them, fo apprehended and taken, until he, /he, or ^t>ove menti-
they, (hall be convicted of fuch offence or offences fhall be in- ^^e county
titled to have and receive, and fliall have and receive, from the palatine of
Iheriff of the faid county palatine of Durham, within one month Durham, to
after fuch convi<5fion, the fame reward or rewards as is or are receive the
made payable by the faid recited ads to the perfon or perfons ^^^^^^1^^^*^^^
who (hall apprehend, take, and profecute, fuch offender or ^^e (kid adls.
offenders in any other county within England or JVales, he or
they tendering a certificate to the (heriff of the faid county
palatine of Durham, under the hand or hands of the judges or
juftices before whom fuch offender or offenders fliall be con-
victed, (which certificate fuch judges or juflices are hereby
authorifed and required to grant, certifying the convidion of
fuch offender or offenders, and in what pari(h the offence or
offences was or. were committed ; and alfo that fuch offender or
offenders was or were apprehended and taken by the perlon or
perfons claimiiig fuch reward or rewards.

11,. And be it further enaded. That in cafe any difpute fhall Difpufe? -^nc^
happen to arife between the perfons who fhall fo have appre- i«i?: ';-: .
bended and taken any fuch offender or offenders touching their |^^^'^^"; •--
right and title to any fuch reward or rewards, then the faid ^^^^.^Jj./- T.,
judges or juftices fo refpedively certifying, as aforefaid, (hall, m deier^ii ;i b/
and by their faid certificate, dire6t and appoint fuch reward or the jad^^ci.
rewards to be paid to and amongft the parties claiming the
fame,, in fuch fliare and proportions as to the faid judges or
iiftices (hall feem juft and reafonable.

P d 3 111. And

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39^ Aiino decimo quarto GEoRlGit IIL c. 46. [1774-

In cafe any III, And be it further enaaed, Tha( in cafe it (hall happen

d-^'lf f^'''^^ ^^^^^^ ^"^' ^^^^^ ^^^^^ ^^ ^^^^ ^^^^ county palatine of Durham (hall
month "Lte ^^^' ^^ be removed before the expiration of one. month after
conviclior\ ^^^^ convidion and demand made of fuch reward or rewards,
his raccelTor (the fame not having been paid as aforefaid,) then the next
to pay there- fucceeding (lieriff of the faid county palatine of Durham (hall
^'^^ i pay the fame within one month after fuch certificate (liall be

and in czk of brought, and demand of payrnent made, as aforefaid 5 and if de-
clefauit to fault of payment of fuch fum or fums of money fhall hapoen to

Ihe fum ^^ ""^^^ ^y ""''y ^"^^ ^^''^ ^^ ^^'^ ^^'^ ^^""^y P^^^^^^e of Dur^

ham^ fuch flierift fo making default, ftiall forfeit and pay to the

perfon or perfons to whom fuch money is due, as aforefaid,
double the fum or fums of money he ought to have paid ; to be
recovered by him or them, or his or their executors or admini-
ftrators in any of his Majefty's courts of record at Wejhmnfier^
by a6\ion of debt, bill, plaint, or information, wherein but one
imparlance, and no eifoin, prote61ion, or wager of law, (hall be
v.;;n treble allowed, together with treble cofts of fuit by him or them ex-
co'rs of luit. pcnded in the recovery of the fam.e.

Sheriff to be IV. And be it further enaded, That the (lieriff of the faid
reunburlcd -by county palatine of Durham who (hall have paid any fuch reward
WerTofUe ^^ rewards in purfuance of 1 1 vis a6t, Hiall and may immediately
"ticafary. ' ^PPJY ^^r repayment of the fame to the comm>fl]oners/or exe-
cuting the office o'\ treafurer of his Majeffy's exchequer or the
lord high treafurer for the time being; and the faid commifllon-
tx^ for executing the office of treafurer of his Majeiry's exche-
quer, or the lord iiigh treafurer tor the time being, are and is
hereby authorifed and required, upon infpecSling a due certificate
cf the convjclion of fuch offender' or offenders within the faid
county palatine of Durham^ for which fuch reward or rewards
fnall have been ordered to be paid, as aforefaid, together with
the receipts or acquittances of the parties intitled tp receive the
fame, forthwith to repay to the fl^eriff of the faid county pala-
tine of Durham.^ out of the revenue of the crown, without fee or
reward whatfoever, all fuch monies fo dllburfed and paid, as
aforefaid, by fuch fl-ieriff, other than and except the double of
the fum or fums of money, and treble cofts of fuit, to which
fuch (heriff will be liable in default of payment of the reward or
rewards w-ithin the time before limited for fuch payment.
Expences of V^, And be it further enadied, That all the charges and ex-

the ael how pences of obtaining this a6l fhall be paid by the treafurer of the
to be ppiu. i^\^ county palatine of Durham^ out of the firfl: monies that (liall
corae into his brands from the rates of the faid county; and the
fum {q paid by t!ie treafurer of the faid county, in purfuance of
* tliis aft, fhall be allowed to the faid treafurer by the juflices of
the faid county before. v;hom the accounts of fuch treafurer
fl:iall be pafTed.
Fiblick a6i% V'l. And be it further enadled, That this act (hall be deem-

ed, adjudged, and taken to be a publick act; and be judicially
taken notice of as fuch, by all judges, juf^ices, and other per-.
fo.ns vvliororoeverp without fpecially jple-ading the fame. '

, ■ ■ g AP,

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.i774»] Anjio decimo quarto Georgii IIL. C.47J S93

C A P. XLVII.

^/? ^^ /^ mdcjnuify fuch pcrfons as have omitted to qualify themf elves
for offices and eniploymenis ; and to indemnify jnfices of the peace^
' or others^ ivho have omitted to regifcr or deliver in tjpeir qualified^
^tions witioin the time limited by law^ and for giving further time
for thofe purpofes'y and to indemnify members and officers^ in cities^
corporations^ and borough towns ^ whofe admiffions have been omitted
to befiamped according to lazu, or, having been /lamped^ have been
loft or mifaid'y a?td for allowing them time to provide admiffions
duly /lamped ; and to give further time to fuch perfons as have
mnitted to make and file affidavits of the execution of indentures of
clerks to attornies and foUcitors,

WHEREAS divers perfons^ who^ on account of their offices^ Preamble.
places^ employments^ or profeffions^ or any other caufe or occa -
fton^ ought to have taken and fubf crib ed the oaths^ or the afjurance^ re-
fpe^lively appointed to be by fuch perfons taken and fuhfcribed^ in and ^^^^^"^ "^^^A
by an a 51 made in the firft year of the reign of his late majefy King f^ take the
George the Firfi^ of glorious memory^ {intituled^ An a6t for the oaths appoint-
further fecurity of his Majefty's perfon and government, and the ^d by aft
fuccefllon of the crown in the heirs of theJate princefs Sophia^ ^ Geo. i.
being, proteftants; and for extinguifhing the hopes of the pre-
tended prince of Wales^ and his open and fecret abettors;) or to
have qualified them/elves according to an a£f^ inade in the thirtee?2th
year cf the reign of King Charles the Second^ [intituled^ An act for Aft 13 Car, a,
the weJl-ooverning and regulating corporations ,) or to have qua-
lified themfelvts according to another o5l^ made in the tzuenty fifth year
of the reign of King Charles the Second^ (intituled^ An a6l for pre- Aft 25 Car. j.
venting the dangers which may happen from popifh recufants,
by receiving the (acrament of the Lord's fupper, according to the
iifage of the church o( England^ and making and fubfcribingthe
declaration againft tranfubftantiation therein mentioned;) or ac-
cording to another a^, made in the thirtieth year of the reign of King Aft 30 Cir. %.
Charles the Second^ (i'ntituled^ An acV for the more effedual pre-
ferving the King's perfon and government, by difabling papiffs
from fitting in either houfe of parliament ;) or according to another
a5i^ made in the eighth year of the reign of his late 77jojefty King George Aft 8 Geo. i.
the Firfi^ {intituled^ An adlfor granting the people c^Wtd ^,akers
fucli forms of affirmation or declaration as may remove the dif-
hcuhies which many of them lie under;) or according to a?wthtr
a^, made in the ninth year of the reign of his late majefty King George Aft 9 Geo- a.
the Second, [intituled. An aft for indemnifying perfons who have
omitted to qualify themfelves for offices within the time hmited
by law, and for allowing further time for that purpofe; and for
amending fo much of an aft, pafled in the fecond year of the r-eiga
of his prefent Majefty, as requires perfons to qualify themfelves
for offices before the end of the next term, or quarter feffions;
and alfo for enlarging the time limited by law for making and
fubfcribing the declaration againft tranfubftanti'ation ; and for
allowing a further time for inrolment of deeds and wills made by

P d 4 papiftss

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39^ Anno dcclmo quarto Geokgii III. C.47. [1774:

AaiSGco . &^'\ ^""^ ^""'/^^'^^ of proteftant purchafers, devifees, and
.-itiisv.co.2. Jeilees ;) or according to another adl, made in the eighteenth year of
the reign of his late majejly King George the Second, {intituled. An
aet to amend and render ingre effeaual an a6t, pafTed in the fifth ■
year of his prefent Majefty's reign, intituled, Anaolfor the further
qua If cation ofjufues of the peace ; ) or according to another aa, wade
and aa 6 Geo. in the fixth year f the reign of his prefent M^jeJly, [intituled. An a^
^* ^^^ altering the oath of abjuration, and the afTurance; and for

amending fo much of an ad, made in the feventh year of her late
majefty Queen Jnne, intituled, An a5l for the improvement of the
union of the two kingdoms, as, after the time therein limited, re-
quires the delivery of certain lifts and copies therein mentioned
to perfons ind^cfled of high treafon, or mifprifion of treafon,)i^jz;^,
' t^^rough ignorance of the law, ab fence, or fome unavoidable accident ^
emit ted to take and fubf crib e thefaid oaths and affurance, and make and
fubfcrihe the declaration required by laiv, or otherwife to qualify them-
fives as aforefaid, within fuch time, andinfuch manner, as in and by -
the faida5ls^ refpeaively, or by any other aB of parliament in that be-
half made, is required, whereby ihcy have incurred, or may be in dan-
ger of incurring, divers penalties and difabilities : for quieting the
^ winds of his M-Jjffs fubjeas, and for preventing any inconvcniencin
that might other mfe happen by means of fuch omijfions-ht it enaded
by the King's moft excellent majelly, by and with the advice and
confent of the lords fpiritual and temporal, and commons, in
this prefent parliament aiTemblevl, and by the authority of the
r,ot quaHfying fame, That all and every perfon or perfons, who, at, or before,

pailioVof this ^^'" ^'^^^"^ ""f ^^'^' ^^' ^^^^^' ""'' ^^^^ ^^^^^ omitted to take and
kt, ' fubfcrihe the faid oaths and declarations, or to receive the facra-

ment of the Lord's fqpper, or,othervvife to qualify him, her, or
themfelves, within fuch time, and in fuch manner, as in and' by
the faid ads, or any of them, or by any other ac^ of parliament
in that behalf made, is required ; and who, after accepting any
fuch office, place, or employment, or uindertaken any profeHion
or thing on account of which fuch qualification ought to have
been had, and is required, before the pafiing of this ac% hath or
Jiave taken and fpbfcribed the faid oaths, or made the declara-
tions required by law, and alfo received the facrament of the
or before Dec. Lord's fupper, according to the ufage of the church of jE'/i'^/,i77r/,
5^5^ niSt or who, on or before the twenty-fifth day of i^^^^w^^r, one thou-

fand feven hundred and feventy-five, (hall take and fubfcrihe the
faid oaths, declarations, and afiu ranee refpedfively, in fuch cafes
wherein by law the faid oaths, declarations, and affurance, ought
to have been taken or fubfcribed, in fuch manner and form, a^nd
at or in fuch place or places, as are appointed in and by the faid
a6f, made in the firfl" year of the reign of his faid late majefiy
King George the Firfl:, or by any othe;;- adf or a6is of parliament
in that behalf made and provided, and alfo hath or have received
or (hall, on or before the faid twenty-fifth day o( December, one
thoufand feven hundred and feventy five, receive the facrament
of. the Lord's fupper, according to the ufage of the church of
^ri^land^ in fuch cafes wlierein the faid facrament ought to have

b?eri

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1 774-] Anno decimo quarto Georgii III. c.47, 395

been received, and hath or have made and fubfcribed, or fhall^
on or before the faid twenty-fifth day of Decemhr^ one thoufand
feven hundred and feventy-five, make and fubfcribe the faid de-
claration againft tranfubftantiation, and alfo hath or have made
and fubfcribed, or (hall, on or before the faid twenty-fifth dav
oi December y one thoufand feven hundred and feventy-five, make
and fubfcribe the faid declaration, m the faid ftatute made in the
thirtieth year of King Charles the Second, in fuch cafes wherein
the faid declarations ought to have been made artd fubfcribed,
and take and fubfcribe the oath direcled by the faid a61 made in
the eighteenth year of the reign of his late majefty King George
the Second, in fuch cafes wherein the faid oath ought to have been
taken and fubfcribed, in fuch manner as by the faid ad is direded,
fliall be, and are hereby indemnified, freed, and difcharged, from indemnified
and againft all penalties, forfeitures, incapacities, and difabilities ^g^^^^^^^-
incurred, or to be incurred, for or by reafon of any negledi or" ^^ "^^^*
omiffion previous to the paffing of this a6l, of taking and fub-
fcribing the faid oaths or aflurance, or receiving the facrament,
or making or fubfcribing the faid declarations, or taking or fub-
fcribing the faid oath, according to the above-mentioned a(5ts,.or
any of them, or any other ad or ads; and fuch perfon or per-
fons is and are, and (hall be, fully and adually recapacitated and
reftored to the fame ftate and condition as he, (he, or they^ were
in before fuch negled or omifiion, and fhall be deemed and ad-
judged to have duly qualified him, her, or themfelves, according
to the above-mentioned ads, and every of them : and that all
elections of, and ads done, or to be done, by any fuch per-
fon or perfons, or by authority derived from him, her, or them
are and (hall be of the fame force and validity as the fame, or any
of them, would have been if fuch perfon or perfons refpedively
had taken the faid oath or affurance, and received the facrament
of the Lord's fupper, and inade and fubfcribed the faid declara-
tions, and taken and fubfcribed the faid oath, according to the di-
redjon of the faid ads, and every or any of them ; and that the
qualification of fuch perfon or perfons, qualifying themfelves in
manner, and within the time appointed, by this ad, (hall be, to
all intents and purpofes, as effedual as if fuch perfon or perfons
had refpec^ively taken the faid oaths and affurance, and received
the facrament, and made and fubfcribed the faid dedaration, and
taken and fubfcribed the faid oath, within the time, and in the
manner, appointed by the feveral ads before mentioned.

II. Provided always. That this ad, or any thing herein con- Nottoindem-
tained, (hall not extend, or be conftrued to extend, to indemnify "^^^ ^">' P^*^"
any perfon againft whom final judgment (hali have been given oTfiT^"^
in any adion of debt, bill, plaint, or information, in any of his curre/by ne.
Majefty's courts of record, for any penalty incurred by having gl-^^^mg to
negleded to qualify himfelf within the time limited by law. qualify him*

III. And luhereas the appointments of divers clerks of the peace^ ^^^^*
ioivn clerks, and other publick officers, and the admifftons of divers
members, and officers of cities, corpora tioJts, and borough towns, or the
entries of fuch admiffions in the court books ^ rolls, or ruords of fuch

cities^

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395 Anno decimo quarto Georgii III. G.47. [1774,

cities^ corporations^ and borough town^ 'which byfeverala^s of par ^
hament are dire^ed and required to he ftamped^ may not have been
p . provided, or the jame nc^Jlarnpsd, or may have been 'M or mi Paid-

dS Z^' r' '-' '^'^V '^''r'"^''^ ^y '^'^ authority aforefaid, That, for the re!
pomtments ^^^^ ^^ ^^\^^ perfons whofe appaintments and adrnifilons, or the
and admiiTions entries of whole admiffions as aforefaid may not have been pro-
before Dec videc), or not duly flumped, or where the fame have been loll: or
-s> ^77 s> miflaid, it IhsM and may be lawful to and for fuch perfons, on or

before the twenty-iiFth day of December^ one thoufand feven hun-
dred and feventy-nve, to provide, or caufe to be provided, ap-
pointments and admiiTions, or entries of admifllons, as afore-
faid, duly ftamped 3 or, in cafe where fuch appointments, ad-
miffions, or entries of admiffions, as aforefaid, have been. made
or provided, but have not been duly flamped, to produce fuch
appointments, admiflions, or entries of admiffions, as aforefaidg
to the commiiTioners appointed to infpedl and manage the re-
venues of the Itamp-duties to be duly ftamped ; which fuch
commifTioners are hereby authorized, impovvered, and required
to duly fiampjon payment of the duties firft payable, or to have
been paid on fuch appointments, admiffions, or entries of ad-
miffions, as aforefaid, without any fine or forfeiture thereon ;
and fuch perfons fo providing appointments, admiffions, or en-
iliall be con- ^^^^^-^^ adrniiHonSj as aforefaid, duly (lamped, or procuring the
brined, and* ft^Tie to be duly (lamped, in manner aforefaid, are and fhall be
qualified to hereby confirmed and qualilied to a61 as clerk of the peace, town
aft as clerk, clerk, or other publick oiliccr, or member or members, officer
niemb-^of ^^ officers, of fuch cities, corporations, and borough towns re«-
corporations (p^^^ively, lo a)l intents and purpofes, and (hall and may hqlqi
i5:c. and enjoy, and execute fuch offices, or any other office or offices,

may enjoy all into which he or they hath or have been elecled, notvvithftancj-
oriices into \^^ j-^jg ^^ |.j^^-^ omiffion, or the omiffion of any of their prede-
v\nich they v . ^ . , ' , -^ r

>>ave been celiors, in tuch Cities, corporations, or borougn towns, as afore-

tiefted ; , faid; and fhall be indemnified and difcharged of and from all
zndi fliail^be incapacities, difabiiities, forfeitures, penalties, and damages, by
iron'^a'ir^^-^ rcafon of any fuch omiffion ; and none of his or their ads ftial}
naities a^d" ^^ queflioned or avoided by reafon of the fame,
damages m- 1V~. Provided always. That this a6f, or any thing herein con-

cur3-ed by rea- tained, fhall not extend, or be conilrued to extend, to rellore or
ion oi- omii- intjtle any perfon or perfons to any office or employment, be-
nefice, matter, or thing whatfoever, already aclually avoided by
Not to extend judgment of any of his Majefty's courts of record, or already le-
iorxTiT'^r:^^^' S^^^V hlled up and enjoyed by any other perfon ; but that fuch
oiiice avoided offi-^, employment, benefice, matter, or thing, fo avoided, or kr
by judgment, gaily filled up and enjoyed, ffiali be and remain in and to the
perfon or perfons who is or are now, or filial 1, at thd paffiuig of
this acl, be legally intitled to the fame, as if this ad had never
been rrsade,

V, And v)hercai> many perfons have omitted to cavfe affidavits to
he rnade^ and afterivards to be filed in the proper office^ of the dtlual
ixccuUon of feveral eontrauls in writing entered into. by them.to ftrve
^.s clerks io ai tor flies orfoUciiors-^ within the time in which the fame
, ' ' Ot%h^

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1774'] Anno decimo quarto Georgii HI. c. 47. ' 397

ought to have been done^ and nmny infants^ and others^ may thereby

incur certain dijabilities \ fdr preventing thereof^ and relieving fuch

ferfonSy be it enadcd by the authority aforefaid. That every Perfons who

perfon who, at the paffing of this adt, {h^W have negleaed or ^j^'^.^^^^^^'"

omitted to caufe any fuch affidavit or affidavits as aforefaid to fiied^before ^

be made and filed, and who, on or before the firfl: day of J<f/- Michaelmas,

chaelmas term, one thbufand feven hundred and feventy-four, -1774*

fliall caufe one or more affidavit or affidavits to be madcj and

afterwards to be filed, in fuch manner as the fame ought to

have been made and filed in due time, (halJ be, and is hereby

indemnified, freed, and difcharged, from and againft all penal- are indemni^

ties, forfeitures, incapacities, and difabihties, in or by any a6l ^^*^' and dif-

or ads of parh'ament mentioned and incurred, or to be incurr- ^^^akles "*

ed, for or by reafon of fuch negle6t or omiffion, and every

fuch affidavit and affidavits fo to be made, and which (liall be

duly filed on or before the faid firfi: day of Michaelmas term,

one thoufand k^tn hundred and feventy-four, fiiall be as ef-

fe<51ua], to all intents and purpofes, as if the fame had been

made and filed wnthin the refpedtiv-e times the fame ought, by

the Jaws now in being for that purpofe, to have been made

and filed.

VI. And^ for the relief of any per f on or per f on s ivho through neg- Perfons pay-

le^ or inadvertency have omitted to pay the fever al rates and duties^ ^'"S ^]^^ I'^t^s

or a?iy part thereof upon monies given. pai(L conira^ed^ or agreed ^"^^ ^^^^^^ ^"^
-fr,^ -w • 7.' . 77 \/ /- "^ r indentures,

/^r, w^tri or in relation to any clerks^ apprentices^ or Jervants^ who ^c. before

have been put or placed to or zuith any mafler or'mfrefs to learn any Sept. 29, 1774,*
profejfion^ trade ^ or employment^ and to have fuch indentures ^ or other to be free of
zoritingSi^ which contain the covenants^ articles^ contra^s^ or agree- ^^^ Penalties,
inents^ rehting to 'the fervice of fuch clerk^ apprentice^ or fervant^
famped within the times by the fever al a^ls of parliament for thofe
purpofes refpe5lively limited-^ or voho have alfo in like manner omitted
to infer t and ivrite^ in words at lengthy in fuch indentures^ or other
writings^ as aforefaid^ the full fun or funis of 7nofiey^ or ariy part , - .
thereof received^ or in any-zvife dire^Hy or indirectly given ^ paid^ or
agreed^ or contracted for^ with^ or in relation to every fuch clerk^
apprentice^ or fervant^ as afcrefaid\ be it enacted. That, upon
payment of the rates and duties upon monies^ or fuch part of
iuch monies fo. negledled or omitted to be paid as aforefaid, q\\
or before the firft day of September^ one thoufand {^\tn hun-
dred and feventy-four, to fuch perfon or perfons to whom the
fame ouo^ht to be paid, and tendering the faid indentures, or
other writings, to be fliamped at the fame time, or at any time
on or before the twenty-ninth day of September^ one thoufand
feven hundred and feventy-four, (of which timely notice is to
be given in the London Gazette)^ the fame indentures, or other
•writings, (hall be good and available in law or equity, and may
be given in evidence in any court whatfoever ; and the clerks,
apprentices, or fervants, therein named, fiiall' be capable of
follovying and exercifing their refpedlive intended trade or em-
ployment, as fully as if the faid rates and duties {o omitted
|]ad .b^en.duly paidj and the full funi or fums received or agreed

for

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S9S Anno decimo quarto Georgii III. c. 48. [1774;

for as aforefaid had been inferted ; and the perfons who have
incurred any penalties by theomilTions aforefaid flial] be acquit-
ted and difcharged of and from the faid penalties (except luch
perfons againft whom any procefs has been already commenc-
ed) ; any thing in the faid former ads to the contrary notwith-
il:andip.g.
leca?e"J,rr^^^ VII. And be it further enaded,^ That in cafe any adion,
l'<rrtrhy mrant ^^'^ bill of indi^Timent, or information, .fhall, from and after
tobe nideni- the pafTrng of this ac^l, be brought, carried on, or profecuted,
nifitd, msy againfl any perfon or perfons hereby meant or intended to be
ncdliff*^^^' inUemnihed, recapacitated, or reftored, for or on account of
any forfeiture, penalty, incapacity, or difability whatfoever, in-
;^ currt:d, or to be incurred, by any fuch negled or omiffion,

fuch perfon or perfons may plead the general ilTue, and upon
their defence give this a<5^, and the fpecial matter, in evidence,
upon any trial to be had thereupon.

CAP. XLVIII.

Au a5l for regulating mfurances upon lives ^ and for prohibiting all
fuch infurances^ except in cafes where the perfons injuring JJjall have
an inter eji in the life or death of the perfons infured^

Preamble. "XTfT"^^^^"^^ ^'^ ^'^^'^'^ been found by experience^ that the mak-

V V ing infurances on lives ^ or other events^ wherein the affured

Jhall have no inter ef^ hath introduced a mifchievous kind of gaming :

For remedy whereof, be it enadied by King's moH excellent

majeiiy, by and with the advice and confent of the lords fpiri-

tual and temporal, and commons, in this prefent parliament

No infurance a^'embled, and by the authority of the fame. That from and

tobe made on after the paflTing of this acl, no infurance lliall be made by any

ihebvtsof perfon or perfons, bodies politick or corporate, on the life or

pel on» nav- ]ive5 qI^ apy ngrfon or perfons, or on any other event or events

l\\g 00 inte- . ^ ^ X • u r re > r r .

rcit, ^c. whatioever, vvi:ierein the perJon or perions for whole ulc, bene-

fit, or on whofe account fuch policy or policies (hall be made,
Ihall have no intereft, or by way of gaming or wagering; and
that every afTurance made, contrary to the true intent and mean-
ing hereof, Ihall be nul and void, to all intents and purpofes
whatfoever.
Ho policTffi on n. And be it further ena<51ed. That it (hall not be lawful to
lives ^A'nhoin make any policy or policies on the life or lives of any perfon or
3n/ernng the perfons, or Other event or events, without inferting in fuch po-
^^^ ^^^&c ^^^y ^^ policies the perfon or perfons name or names inrerefled
therein, or for whofe ufe, benefit, or on whofe account, fuch
policy is fo made or underwrote.
How much ni. And be it further enaded. That in all cafes where the

may be reco- infured hath interefl: in fuch life or lives, event or events, no
vered where greater fum ihall be recovered or received from the infurer or

the infured J'l^furers than the amount or value of the intereft of the infured

hath intereft . r . i-r t " u

in lives. J" ^"^^^ ^^^^ ^^ lives, or other event or events.

Not to extend ^^ - Provided always. That nothing herein contained fhall

to infurances extend^ OX be conftrued to extend^ to infurances bonafdi made

on fhips, by

goods, &c.

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IJJ4-'] Anno declmo quarto Georgii III. c. 49. 399

by any perfon or perfons, on fliips, goods, or merchandifes;
but every fuch infurance (hall be as. valid and efFedtual in the
law, as if this adt had not been made.

CAP. XLIX.

Jn aci for regulating mcidhoufes,

WHEREAS many great and dangerous abufes frequently arife Preamble.
from the prefent ftate of houjes kept for the reception of luna-
ticks ^ for voant of regulations with refpetl to the perfons keeping fuch
houfes^ the admijjton of patients into thcm^ andthevifitation by proper
perfons of the faid houfes and patients : And whereas the law^ as it
now ft and s^ is infnfficient for preventing or dif covering juch abufes ;
may It therefore pieafe your Majefty that it may be enaded ;
and be it enacled by the King's moft excellent majefty, by and
with the advice, and confent of the lords fpiritual and temporal,
QiwA commons, in this prefent parliament affembled, and by the
authority of the fame, That from and after the twentieth day After Nov. 20,
o^ November^ one thoufand feven hundred and feventy-four, if 1774? if any
any perfon or perfons, in that part o^ Great Britain called ^^7^- P^^^o" conceal
land, the dominion of If ales, or town of Berwick upon ^^^^^, Tunadck^wuh!
/hall, upon any pretence whatfoever, conceal, harbour, enter- out licence,
tain, or confine, in any honfeor place, kept for the reception of he ftiall for-
lunaticks, more than one lunatick, at any one time, without ^^^^ 5^°^'
having fuch licence for that purpofe, as is herein-after directed,
(except fuch lunaticks as are commit:ed by the lord high chan-.
cellor of Great Britain^ or lord keeper, or commi/Tioners for the
■ cuR-ody of the greatfeal for the time being), every fuch perfon
Ihall, for every fuch offence, forfeit and pay the fum of live
hundred pounds.

IL And, in order that proper perfons may he appointed for vifit- Rova! college
ing fuch houfes as floall be licenced and kept for the reception of'luna- oF phyficians
ticks, within the cities ^London ^^/v^i V/eftminfter, and z:;///;/;^ in London, cm
feven miles of the fame, and within the county of Middlefex, be jf ^h^ia^^<^ay of
further enaded by the authority aforefaid. That the ptefident J^^y'Je^||.'}j^^;^
and fellows of the royal college of phyficians in London for the fellows for
time being, at a general meeting of the faid college, to be held up • granting li-
on the lalf day o^ September, or if that day falls upon Sunday, then '^^"^^^^ ^^•
the firft day of Otlober^ in every year, (hall ele6i: five fellows of
the faid college for granting fuch licences as aforefaid, within
the faid cities of London and IFeflminfter, and within {t^tn
miles of the fame, and within the faid county of Middlefex, who zrede^
according to the diredions of this a6l ; and the faid five fellows, dared to be
fo eleded, (hall be, and are hereby declared to be, commifTion- ^^"^"liffio"^'*!
ersfor granting fuch licences within thehmits aforefaid, foi* the r^^'^^ P^'
year then next enfuing; provided that two, at Jeaft, of the faid
fellows, to be fo eleded, (hall be perfons Avho have not a6fed as
commidioners for the preceding year; ^nd that no perfon what-
foever (hall be capable of being eleded, or of a6ling as a com-
miiTioner, for more than three years fucceffively.

III. And be it further ena6ted. That in cafe, at any time of If a fafficient
election, there (hall not he found a fufScient number of fellows ""'""her of
qualified or willing to adt as commiffioners, the faid prefident^^^^^^^ ^^ ^^^
3 and

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400 . Anno decimo quarto GeorGii III. c.49. [1774?

qualifi6d>&c. and fellows are hereby required, upon every fuch deficiency,
a hcenciate ^^ g|^^^ ^^^ ^^ ^^^^ from among the licenciates to fupply the

^ lame.

In cafe oK IV, And be it further enaded by the authority aforefaid. That

death, &c. as often as any of the commiffioners, to be eleded asaforefaid,

clu^'f meer'ing ^'^^^^ ^'^^' ^^^ ^^^"^^^ ^^ ^^^ ^^^ ^^^^ prefident is hereby required

fortheeleai- ^*^ ^^^^ ^ meeting of the faid fellows, within fourteen'days next

on of another after fuch death, or refufal (hall be known to the faid prefidenr,

commiirioner. in order to eleCl a commiflioner in the room of every com^

miffioner who ihall (o die, or refufe to a6l; and every

commilTioner, fo to be elected, (hall be, and is hereby vefted

with the fame power and authority, in all refpeds whatfoe-

ver, as the commiffioner in whofe place he iliali be chofen

was vefied with, ,

Every com- V. And be it further enaded, That every perfon who (hall

irunioner to ^^ eleded a commiffioner to ad within the cities o^ London and

lowing oa^h, Wefiminjlet ^ and within feven miles of the fame, and within the

county of Middlefex^ as aforefaid, fhall^ within ten days after

fuch election, take the following oath 3 (that is to fay)^

A. B. do [wear ^ That I %vi\l faithfully and Impartially execute
all the trufts committed unto ?ne^ by virtue of an ati of parlia-
7nent^ made in the fourteenth year of the reign of King George the
Thirds imitukd^ An a6l for regulating madhoufes ; and that I
ivill not^ directly or indircofly^ give notice^ or cavfe notice to be given
to the keeper^ or perfon having the care of any houfe or place licevfcd
for the reception of 'liinaticks^ of the time of vifitation of fuch houfe
or place.

So help me GO D.

Which oath it fhall and may be lawful for the prefident of the

college ot phyficians for the time being to adminift:er to every

fuch commirfioner, fo to be eleded as aforeiaid, upon the day l>e

Commifiion- ^^^^ t)e fo elecled, or within ten days afterwards : And in cafe

ers not attend- any perfon who (hall be eledled a commiffioner as aforefaid, and

ijig, orreful"- y^.i-jQ {|^a]i be fummoned by the prefident of the faid college to

ing to take attend the faid prefident to take the faid oath, at fuch time as

tek <1. ' ' ^^^^^ ^^ mentioned in fuch iimimons, (hnll refufe or neglccl: to

attend, or attending, (hall refufe to take the faid oath* he fnall

forfeit and pay the fum of five pounds, to be applied to the ufe

of the faid college.

CommiiTion- . VT. And be it further enacted, hy the authority aforefaid, That

ers meetmgs the faid commiffioners^ {q to be eleded as aforefaid, or any three

to be in the ^-^ nnore of them, (hall nieet in the hall, or ibme other conve-

college half, ^pjent place in the faid college, as often as they (hall think fit, fo

as fuch meetings do not interfere wiih the meetings of the

board of cenfors, nor with any other general meeting of the

college of phyficians ; and that at all ineetings of the faid com-

mifiioners to be holden for tfie purpofes of iliis a6f, the com-

rniflloner who is of the longeft fiaading in the college (hall be

the chairman.

VII. And

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I774-] Anno decimo quarto Georgii IIL c.49^,^ 401

VII. And be it further enaaed. That the treafurer of the Treafurerof
faid college for the time being ihall be the treafurer for the pur- be^^ealu^er^
pofes of this a6l ; and that the faid commTfTioners, or any three f^j. j-he pur^
or more of them, fhall, at fome meeting, to be holden within pofes of this
fourteen days next after they (hall be elected as aforefaid, chufe aft.
and appoint a proper perfon to be their fecretary for the year Secretary ta
then enfuing ; and fuch fecretary fliall be paid fuch falary or ^^ appointed,,
gratuity, for his trouble and attendance in the execution of his
office, by the faid treafurer, as the faid commiffioners, or any
three or more of them, fhall order and dire6l; and ev^ery fucFi
fecretary fhail, at the next meeting of the faid commiilioners af- who fhall take
ter he (hali be fo appointed, take the following oath; -^^ -^^^*

IA. B. do [wear ^ That I ivHl faithfully execute all fuch trufts as
fhall be committed to my charge^ as fecretary to the commiff oners
for executing' an a3 of parliame'nt^ made in the fourteenth year of the
reign of King George the Thirds intituled^ An a<6l for regulating
madhoufes,; and that I will keep fecret all fuch matters as /hall come
to my knowledge^ in the execution of my office^ (except when required
to divulge the fame by legal authority,)

So help me GOD.

VIIL And be It further ena61ed,. That the faid commiffioners. Time of the
or any three or more of them, (hall meet annually on the third commiffioner*
Wednefday in the month of O^oher^ or within ten days after- ?"^^^^ "^rant-
wards, in order to grant licences to perfons for keeping houfes i"f licences. "
for the reception of lunaticks for one year, from the twentieth
day of November then next enfuing, within the faid cities of
London and Wejlminjler ^ and within feven miles of the fame, and
within the faid county of Middlefex ; but notice of the place,
and of the day and hour of every meeting for granting fuch li-
cences, fhall always be publifhed three feveral times in the Lon-
don Gazette^ before the day of meeting for granting any fuch li-
cences, (which licences they are hereby required to grant to all
perfons who (ha'l defire the fame) ; and all licences to be 2;ranted Licences to be
by the faid commiffioners fhall be duly (lamped with a five (l^.il- i'-^n^-ped witli
Jings (lamp, and fhall be under the hands and feals of three or ^ ^^' itamp.
more of the faid commiffioners, for each of which licences there
Iball be paid to the faid fecretary, by the perfon applying to take
out the fame,- the fums following ; (that is to fay), for each and Sums to be
every houfe wherein there (liall be kept any number of lunaticks, P^^''^^ bv per-

not exceedins; ten, the fum of ten pounds ; and for each and ^^'^^^^^'^'"^

, ^ ^ , : ^ ,.1 Ti 1 1 » 1 r r o'Ji^ licences,

every houie wherem there mall be kept above ten, the iuni of

fifteen pounds, and no more, over and above what fnall iiave

been paid fof the faid (lamp ; which money fhall be paid over

by the faid fecretary to the faid treafurer ; and t!ie further fum

of fix (hillings aud eight-pence, and no more, ihall be paid on

every fuch licence to the faid fecretary for his fee.

IX. Provided always, That no one licence ihall authorife any No licence to

perfon or perfons to k-eep more houfes than one for the recep- authoriie any

tion of lunaticks i nor ihall any licence, to be e;ranted bv virtue P^^'^^^f^;^ ^^q^

, ' ^ ^ . more t^^an one

^^ hoult, and to

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402 Anno decimo quarto GeoRGII III. c.49. [1774*

be in force on- of this ad, continue in force for any longer time than for one
ly one year. y^ar.

NocommifTi- X. And be it further enaded by the authority aforefaid,
^";^Ji ^i^'l^J!! That no commiffioncr, to be appointed as aforefaid, (hall di-
rectly or indiredly, during the time he (hall be a commiffioncr,
be interefted in keeping any houfe for the reception of Juna-
ticks, upon pain of forfeiting, for fuch offence the fum of fifty
pounds.

XI. .And be it further enaded, That the prefident of the faid
college of phyficians for the time being fhall, and is hereby re-
quired to caufe fummons to be fent to the faid feveral commif-
fioncrs, requiring them to attend at the firfi: meeting after they
ihaU be appointed commiffioners, as aforefaid ; all which fum-
mons (hall be fent by the beadle, or fuch other perfon belong-
ing to the faid college, as the faid prefident fhall think proper;
and fhall be left at the refpedive houfes, or ufual places of a-
bode, of each commiffioncr.

XII. Provided neverthelefs. That in cafe any two commif-
fioners lliall, at any time or times, think proper to call a meet-
ing of the faid commiffioners, fuch two commiffioners may
themfelves caufe the like notice to be given, 'and to be fent, in
manner aforefaid, to the other commiffioners, requiring their at-
tendance at fuch time and place as fliali be exprefled in fuch
nonce.

XIII. Provided always. That at all meetings of the faid com-
nriiffioners in the execution of this ad, in cafe of an equality of
votes, the chairman (hall have the cafting vote.

XIV. And be it further enaded, That t4ie faid commiffion-
ers, or any three or more of them, either by themfelves or with
their fecretary, as they fliall think fit, fliall, and they are here-
by n^uired, once at leafl in every year, and whenever required
by the lord high chancellor, or lord keeper, or commiffioners
foT^>the cuPrody of the great feal, or by the lord chief juftice of
the court of king's bencli, or by the lord chief juftice of the court
of common pleas for the time being, to vifit and infped all iuch
houfcs as fliall have been licenced by them, as aforefaid, be-
tween the hours of eight and five in the day-time ; and m,ay,
in like manner, at any other time or times, within the hours a-
forefaid, vifit and infped all fuch houfes as often as they, or
any three or more of them, (hall think neceiTary, and fball
have, at all fuch times, liberty and power to contiriue in fuch
houfe, and to examine the perfons confined as lunaticks there-
in, for fuch time as they (hall think proper.

XV. And be it further enaded. That the faid commiffioners,
or their fecretary, fhall, at every fuch vifitation, make minutes
in writing, of the ftate and condition of all fuch houfes which
they fhall fo vifit, as to the care of the patients therein, and all

lUtTof'houfes. fuch other particulars as they ihall think deferve their notice,

, too-ether with their obfervations thereupon ; ail which minutes

fhall, within one week next after fuch vifitation, be by the faid

fecretary enteredj by way of report, in a regifter to be kept by

office, to keep
any houfe for
lunaticks &c.
on penalty of
501.

Prefident to
fum men corn-
miflioners at-
tendance for
the fir it meet-
ing.

Two commif-
fioners may
call a meeting.

Chairman to
have the cait-
ing vote.

Commiffion-
ers to vifit and
inTpeCi: licenf-
ed houles.

At fuch vlfita^
tion the com-
miffioners are
to make mi-
nutes oF the

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I774-] Anno decimo quarto Georgii III. c. 49.' 403

him in the faid college of phyficians for that purpofe, and the
fame fhall be read to, and figned by, the faid commiffioners, or
any three or more of them, at their next meeting; but no mi-
nute which tends to Impeach the character of any houfe fhall
be fo entered, unlefs fuch minute fliall have been previoufly
figned by three or more of the faid com mifli oners, who fhall
have been prefent at fuch vifitation ; and in cafe the commiffion-
crs, upon their vifitation, (hall difcover any thing that, in their
opinion, (hall deferve cenfure or animadverlion, they (hall, in
that cafe, report the fame; and fuch part of their report, and
no more, (hall be hung up in the cenfor's room of the college, to
be perufed and infpeded by any perfon who (liall apply for that
purpofe.

XVI. And be it further enaded, That in cafe the keeper of Keepers with-
any houfe or place for the reception of lunaticks, within the y^^'^^^'^^^
cities of London or Wejiminftery or within feven miles dif- ^^ retuGng
tance thereof, or within the county of Middle/ex^ (hall refufe admittance,
all or any of the faid commi(rioners, at the time of their vifita- to forfeit their
tion, admittance into fuch houfe or place as aforefaid, with or hcenceo
without their fecretary, the mafter or keeper of fuch houfe or

place (hall, for fuch offence, forfeit his licence.

XVII. And be it further enadted, That the faid commifTion- Commiflion-

ers, or any three or more of them, (hall, from time to time, ^^^ 5? ^^^P ^?
r -^ n. . . V 1 . r n .L • J- J exact account

caufe an exadl account to be kept or all their proceedmgs; and ^^ ^1^^^^. pj.^,

all fuch accounts (hall be entered in the fame regifter as the mi- ceedings.
nutes taken at their vifitations are direded to be entered as a-
forefaid; and the faid regifter (hall be lodged in the college of
phy(icians in a (Irong cheft or box, w4iich faid chefl or box (hall
be under the care of the beadle or houfe-keeper belonging to the
faid college, and (hall be carefully locked up^ from time to
time, by the fecretary to the faid commi(rioners, and the key
thereof kept by fuch fecretary; which faid regifter (hall be
deemed to belong to the faid commi(rioners, and the key of the
faid cheft or box (hall be delivered over to every fucceeding fe-
cretary, whenever the former fecretary fhall go out of office,
and be kept by fuch fucceeding fecretary in manner aforefaid, for
the ufe of the faid commidioners.

XVIII. Provided always, That the prefident of the faid col- Preildent of
lege fhall have liberty to infpedl the faid regifter, from time to the college ta
time, as often as he fhall think proper, provided fuch infpedlion ^^^ J^*^ the
be made at the college, and in the prcfence of the fecretary to prf fence of
the faid commKTioners. the fecretary.

XIX. And be it further enadted, That if any perfon (liall on appjka-
^pply to one of the commiffioners, in order to be informed whe- tion to the
ther any particular perfon or perfons have been confined in any commiOion-
of the faid licenfed hpufes, and the faid commifTioners (liall ^^^^:,^^^ l'^^^^'
think it reafonable to permit fuch inquiry to be made, and fhall cemingcon"-
fign an order, direded to the fecretary for that purpofe ; he, fined perlbns,
the faid fecretary, is hereby required, upon the receipt of fuch the Secretary is
order, to make fearch upon his papers : and if it fhall appear, up- ^^ ^^^^

QX) fuch fearch, that the perfon or perfons fo enquired after have
VoLpXXX. E e beea

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404

One guinea
to be paid, on
each ]nrpe6li-
on, to each
commiiTioner ;

and exa6l ac-
counts to be
kept by the
treafurer.

Anno decuiio quarto Georgu III. c. 49. [^774*

been confined in any of the faid houfe?, the laid fecretary (hall
immediately acquaint the perfons fo applying with the name of
the keeper in whofe houfe, and alfo the names of thofe by
whofe direction and advice, fuch perfon or perfons. have been
fo confined.

XX. And be it further enacted. That the faid treafurer (hall,
and is hereby required to pay to each of the faid commiffioners
for every time they (liall, in obedience to this a6l, or any requifi-
rion therein contained, vifit and inlped any fuch licenfedhoufe or
place, as aforefaid, within the limits aforefaid, the fum of one
guinea ; and iliall alfo pay and difcharge all fuch reafonable ex-
pences of the faid commifiloners as they (hall, from time to
time, incur in the execution of this acl ; and the faid treafurer
is hereby required, from time to time, to keep an exa6t and
true account of all monies by him received and difburfed in re-
lation to this a6l, and (hall enter fuch account in a book to be
kept for that p'urpofe ; which book (hall be lodged in the box or
chefl: where the regifier of the proceedings of the faid commif-
fioners is direded to be kept, as aforefaid j which accounts
fliall be produced to the prefident of the faid college, when re-
quired by the faid prefident and elects, to be examined and
fettled by them ; and if, upon fuch examination, the faid ac-
counts fiiall appear to be jufi and reafonable, the fame fhall be
allowed and figned by the faid prefident, and at leaft four of
the elcc^ls, and fhall be by the faid prefident reported, toge-
ther with the other accounts, at the next general meeting of
the faid college ; and the faid account, being fo allowed, figned,
:^nd reported, (hall be a full difcharge to the faid treafurer for fo
much money as fhall in fuch account appear to have been dif-
burfed by him, on account of the execution of this a6f.

XXI. Jridy In order that the faid commijfwners may hioiu zvhen
any patient is received into any fuch Ucenfed houfe or place ^ as afore-
faid^ be it further ena6led by the authority aforefaid. That the
keeper of every fuch licenfed houfe or place within the faid ci-
ties of LoU'ion and Wefminfier^ and within feven miles of the
fame, and within the faid county of Middlefex^ is hereby re-
quired, within the fpace of three days afier any patient fhall be
received into any fuch licenfed houfe or place, (except fuch pau-
per lunaticks as (hall happen to be fent there by parifh officers),
to caufe notice thereof to be given to the fecretary to the faid
commiffioners, which notice (hail contain the name of every
fuch perfun received as a lunatick into fuch houfe or place,
the name or names, and place or places of abode, of the per-
fon or perfons by whofe dire61ion fuch lunatick was fent to fuch
houfe or place, and alfo the name and place of abode of the phy-
fician, fargeon, or apothecary, bv whofe advice fuch dire6lion was
Notice bow to given ; all which notices /hall be fent ft2]Qd up, direded, TotheSe-
be dir€Ci:£d, cretary to the Commiffioners for licenfing Houfe s for the Reception cfLu^
naticks^ to he left with the Beadle of the College ofFhyficians /^Ton-
don ; all which notices the faid beadle is hereby dire6ted to re-
'ceive, and to deliver to the faid fecretary, wiihin two days after
6 the

Notice to be
given, Within
three days at
teradniifTiOn
of patients, to
the fecretary
by the keeper.

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1 774.] Anno decimo quarto Georgii IIL c. 49. 405

the fame fhall come to his hands ; and the fecretary is hereby
required to file and preferve alJ fuch notices, and alfo to enter,
' or caufe a copy or extract thereof to be entered, in the regilier,
within two days after the receipt of fuch notices; and every
keeper of any fuch llcenfed houfe or place, who fhall admit, ^iTtfnTluna-
harbour, entertain, or confine, any perfon as a Junatick, with- ticks without*
out having an order, in writing, under the hand and feal of fome an order, for
phyfician, furgeon, or apothecary, that fuch perfon is proper ^^^^^°°^»
to be received into fuch houfe or place as a lunatick, or fhall
receive any lunatick into any fuch houfe or place, bavins; fuch
order, and fhall not give notice thereof to the fecretary of the
faid commifTioners, within the time, and in the manner afore-
faid, fhall forfeit and pay the fum of one hundred pounds.

XXIL And^ in order that fuch houfe s cr places for the reception ^^ more than
of lunatick s as are not fit ua ted within the limits afore faid^ may be ^^^^^^^^"^^^"^
put under fome regulation^ be it further enacfed. That no houfe, ^^y houfb^, ^"
which is not within the faid city of London^ or within feven except in fuch
miles of the fame, or within the laid county o^ Middlefix^ fnali as are licenfed,
be kept for the reception of more than one lunatick, unlefs fuch
houfe or place (hall be licenfed by the juflices of the peace, at
fome quarter fefTions of the peace to be holden for the county or
place wherein fuch houfe or place fhall be fituated,

XXIIL And be it further enaded, That the j uftices of the juftlces to
peace, at any general quarter fefTions of the peace, to be holden grant licences
for any fuch county or place, are hereby authorifed and requir- ^^ general
ed to grant licences to fuch perfon and perfons as fhall apply for ^"^^'^^^^^^^f-
that purpofe, fuch perfon or perfons paying for each licence the ceiieVo^eve?/
fums following; (that is to fay), for each and every houfe, houfe keeping
wherein there fhall be kept any number of lungticks, not ex- "°^ exceeding
ceeding ten, the fum of ten pounds, and no more; and for each ^^ '""^'^^^^-^
and every houfe, wherein there fhall be kept above the number above that^^^
often lunaticks, the fum of fifteen pounds, and no more; and number 15 L
that no one licence fhall authorife any perfon or perfons to keep
morehoufes than one for the reception of lunaticks, nor (hall
any fuch licence be granted for any longer term than for one
year ; and the faid juffices fhall, at the time of granting fuch li-
cences as aforefaid, nominate and appoint two juftices of the
peace for the faid county, and alfo one phyfician, to vifit and in-
iped all fuch houfes as Ihall be licenfed by fuch juftices as afore-
faid ; and the faid juflices and phyficians, fo nominated and ap-
pointed, or any two of them, whereof the phyfician to be one,
may, and are hereby aXJthorifed and impowered to vifit, in the
day-time, every houfe fo licenfed, within the county where
fuch houfe or place fhall be fo licenfed, as often as they ihall
think fit.

^ XXIV. And be it further enaded, That the faid juftices and Juftices, at vi-
phyfician, fo nominated, or fuch of them as fliall vifit any licenfed imitations, to
houfe as aforefaid, may at every vifitation, if they think necef- "i^^^ minutes
fary, make, or caufe to be made, minutes, in writing, of the onronroVes"
ftate and condition of every houfe which they fhall vifit, as to the *

care of the patients therein, and all fuch other particulars as.

E e 2 they

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Google

4o6 Anno decimo quarto Georgii. in. c.49. [1774.

they Oiall think deferve their notice, together with their obfer-

which minutes vations thereupon ; all which minutes (ball be entered, by way

tired by'way ""^ ^^P'^^^' '^ ^ ^^?>^^^ ^^ ^^ ^^P^ f^^ ^^^t purpofe,' by the clerk
of report, by *^^ ^^.^ P^^^e for the county where fuch houfe or houfes fhall be
thecierkj and hcenied as aforefaid, a copy whereof (hall, from time to time,
a copy Cent to be lent by the faid clerk of the peace to the fecrfetary to the faid
the iccretary. commiirion^rs, to be by him inferted in a feparat^e regifter;
which regifter Ihall be kept in the fame box, and in the fame
manner, as the regifter belonging to the faid commiffioners is
herein- before direded to be kept ^ and the faid clerk of the peace
fl-jall be paid fuch fum and fums of money for his trouble in
the execution of this a6l as the faid juftices fhall order and di-
re6l; and all money to be paid for fuch licences as fhall be
granted by the faid juftices of the peace, as aforefaid, (hall be
paid to the clerk of the peace, as aforefaid,who fhall keep an ac-
count thereof, in a book or books to be kept for that purpofe,
and'fliall account for the fame to the faid ju(tices, as often as he
fhall be required fo to do ; and all expences attending the exe-
cution of this adl, (except within the cities of London and We/i-
rtntijhr^ and within feven miles thereof, and alfo except within
the faid county of Middle/ex)^ fhall be defrayed out of fuch
money as aforefaid, in fuch manner as the faid juftices (hall, from
time to time, within their refpedive counties, order and dired.
Clerk of the XXV. And be it further enaded, That at fuch general quar-

peacetotake ter feffion, when fuch juftices and phyfician (liall be appointed
the^fecretary^s ^^ aforefaid, the clerk of the peace (hall take the like oath as is
appointed by this ad to be taken by the fecretary of the com-
milTioners.
Keepers refu- XX VL And be it further enaded, That in cafe the keeper of
fing admit- any houfe or place for the reception of lunaticks, not being
^^^y^ ^^/j^ within the faid city of London or IVeJlminfler^ or within /even
ph-'ik-Ln" to "^^^^"^ of the fame, or within the faid county of Middle/ex^ (hall,
forfeit their in the day time, refufe the faid juftices and phyfician, on fuch
licence. vifitation, admittance, at any time or tim.es, into fuch houfe or

place as aforefaid, the inafter or keeper of fuch houfe or place
(hall, for fuch offence, forfeit his licence.
If a keeper do XXVII. And be it further enaded by the authority aforefaid,
not give notice Yh at the keeper of any houfe or place for the reception of lu-
offkinadck'^ naticks, not being within the faid city of London ov JVeJlmlnJier^
within 14 ' or within feven miles of the fame, or within the faid county of
days, he (hall Middkfex^ Qiall, and is hereby required, to give fuch notice,
forkit lool. as aforefaid, of the receipt of every fuch lunatick (except fuch
pauper lunaticks as (hall happen to be fent there by parifh of-
ficers) to the fecretary to the commifTioners, at the college of
phvficians aforefaid, within the fpace of fourteen days from
the time of fuch lunatick's being received into any fuch houfe
or place; and every keeper of any fuch licenfed houfe or place,
who fhall admit, harbour, entertain,' or confine, any perfon as
a lunatick, vi'ithout having an order in writing, under the hand
and feal of fome phyfician, furgeon, or apothecary, that fuch
perfon is proper to be received into fuch houfe or place as a lu-
natick^

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1 774-] Anno declmo quarto GeoRGII III. c. 49. 407

natick, or (hall receive any lunatick into any fuch boufe or
place, having fuch order, and fhall not give notice thereof to
the fecretary of the faid commifTioners, within the time, and in
the manner aforefaid, fhall forfeit and pay the fum of one hun-
dred pounds.

XXVIII. And be it further ena6led, That no fuch licence No licence to
fhajl be granted as aforefaid, either by the faid commiffioners or ^^ granted to
juftices of the peace, as aforefaid, unlefs, upon granting fuch ^"[|^^^,^^^"^
licence, the perfon to whom fuch licence is granted fhall enter cognizance in
into recognizance to the king's majefty, his heirs and fucceffors, lool. with

in the fum of one hundred pounds, with two fufficient fureties, ^^^^eties.
each in the fum of iifty pounds, or one fufficient furety in the
fum of one hundred pounds, under the ufual conditions, for the
good behaviour of fuch perfon during the time for which fuch
licence fhall be granted.

XXIX. And be it further ena6led by the authority aforefaid, The chancel-
That the lord high chancellor of Great Britain^ or lord keeper, '^'^ ^^ ^^^^.^
or the commilTioners for the cuftody of the great feal, or the fioners"^ar\u-
lord chief juftice of the court of king's bench, or the lord chief itjces, toin-
juftice of the court of common pleas for the time being, may, fpeft licenfed
at any time or times, by any written order, direded to the houfes, and to
commiffioners appointed by this a6^, or to thejullices of tj^g n^^ke report j
peace and phyfician, appointed vifitors, at any general quarter

feffion, require the faid commiffioners, or any three or more
of them, or the faid vifitors, or any two of them^ to vifit or
infpe61 any houfe or houfes fo licenfed ; and alfo to make a re-
port to him or them, touching fuch matters as they (hall, in
fuch orders, be diredled to inquire into, or as they (hall think
deferving his or their lordfhips notice; and the faid lord high they may alfo
chancellor, or lord keeper, or commilfioners for the cuftody of f^^*^^*** ^P^
the great feal, or lord chief juftice of the court of king's bench, ft^ers^an'd exa-
or the lord chief juftice of the court of common pleas, may al- mine parties,
fo, at any time or times, by a like order, fend for, and infpect
the regifter or regifters fo to be kept as aforefaid ; and may fum-
mon and examine all or any of the perfons concerned in the
execution of this a6t, as often as fhall be thought neceftary and
proper; and in cafe they, or any of them, Ihall not obey all
fuch orders as aforefaid, within two days after the receipt of the
fame, and (hall not fhew fufficient caufe to the contrary, every
perfon fo offending, (hall be deemed guilty of a contempt of the
court of chancery, court of king's bench, or court of common
pleas, as the cafe fhall be. ^

XXX. Provided always, and it is hereby declared, That no- Not to extend
thing in this ad contained (hall extend, or be conftrued to ex- tojpubhck
tend, to any of the publick hofpitals within this kingdom. hoipitals.

XXXL And whereas it is not intended by this a5i to give the
ieepers of any houfe or houfe s^ fo to be licenfed as aforefaid^ or any
^ther perfon concerned in confining any of his Adajeflfsfubje5is there ^
in y any nciv juftification from their being able to prove that the perfon
fo confined have beenfent there by fuch direSfion and advice as are re-
quired by this a^ ', be it therefore declared and enaited, That in Proceedings to

E e 2 all be juftified ia

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courfe of com-
mon law.

Penalties and
forfeitures
how to be re-
covered and
applied.

408 Anno decimo quarto Georgii III. c. 49. [ i 774,

all proceedings that fliall be had under his Majefty's vyrit of
Habeas Corpus^ and in all indictments, informations, and ac-
tions, that (hall be preferred and brought againft any perfon or
perfons, for confining or ill-treating any of his Majefty's fub-
je6ls, in any of the faid houfes, the parties complained of {hall
be obliged to juftify their proceedings, according to the courfe
of the common law, in the fame manner as if this a6f had not
been made.

XXXII. And be it further enaded-by the authority aforefaid,
That all penalties and forfeitures which fhal) be incurred with-
in the faid cities o^ Lojidon or IVeftmhJler^ or within feven miles
of the fame, or within the faid county of Mlddhfix^ for offences
againft this a6l, fhall and may be fued for and recovered in any
of the courts of record at W cjimlnjl cr ^ by a<5lion of debt, bill,
plaint, or information, by the prefident of the faid college for
the time being, in the name of the treafurer belonging To the
faid college, at any time within fix calendar months after the
offence committed; and all fuch penalties and forfeitures, when
recovered, fhall, and are hereby direded to be paid to the faid
treafurer; and ftiall be applied, (except fuch penalties and for-
feitures as are otherwife direded to be appHed by this ad), in
manner following; (that is to fay), one moiety of all fuch pe-
nalties and forfeitures fhall go to the informer, and the other
moiety towards defraying the expences attending the execution
of this ad: and all penalties and forfeitures which fhall be in-
cui'red for offences againft this ad, not within the faid cities of
London or Wejlimnjier^ or within feven miles' of the fame, or
within the faid county of Adiddlefex^ (hall and may be fued for
and recovered by adion of debt, bill, plaint, or information,
by and in the name of the clerk, of the peace for the county
where any fuch offence Oiall be committed ; and all fuch pe-
nalties and forfeitures, when recovered, (hall be applied,
one moiety to the informer, and the other moiety for defraying
the expences attending the execution of this ad, within fuch
county.

XXXIII. And be it further enaded, That if any adion or
fuit (hall be commenced or brought againft any perion or per-
fons, for any thing done in purfuance of this ad, the fame (hall
be commenced within fix calendar months next after the fad
committed ; and ftiall be laid or brought in the county, city, or
place, where the caufe. of adion fhall have arifen, and not elfe-
where ; and the defendant or defendants, in every fuch adion
or fuit, (hall and may, at his eledion, plead fpecially, or the

General iflue. general iffue, not guilty; and give this ad, and the fpecial mat-
ter, in evidence, at any trial to be had thereupon, and that the
fame was done in purfuance and by the authority of this ad :
and if the fame fhall appear to be fo done, or that fuch adion or,
fuit fliall be brought in any other county, city, or place, or fhaJl
not have been commenced within the time before limited for
bringing the fame; that then the jury fhall find a verdid for the
defendant or defendants 3 and^ upon a verdid being fo found,

' ^ ' or'

Limitation of
a 61 ions.

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17740 Anno clecimo quarto GpoRGii III. C 50—52. 409

or if the plaintiff or plaintiffs (hall be nonfuited, or difcontinue
his, or her, or their a^ion or fuit, after the defendant or defen-
dants (hall have appeared; or if, upon demurrer, judgement
(hall be given againft the plaintiff or plaintiffs, then the defen-
dant or defendants fhall recover treble cofts,. and have fuch re- Treble cofts.
medy for recovering the fame as any defendant or defendants
hath or have in any other cafes by law. ^ ^v , sx

XXXIV. And be it further enaded, That this sa (hall be Pubhck aa.
deemed and taken to be a publick ad; and be judicially taken

notice of as fuch by all judges, jufl:ices, and other perfons
whomfoever, without fpecially pleading the fame.

XXXV. And be further enaded by the authority aforefaid, Continuance
That this aa (hall continue in force for the term of five ot this aCt.
years, and from thence to the end of the then next feffion of
parliament.

CAP. L.

An aft to enable certain perfons, during the minority of Sir John Saint
Aabyn baronet, to renew and grant leafes of lands, and to fell other
lands, a!! at Plymouth dock, in the county of Devon, for the ufe of
his Majefty, his heirs and fucceffors.

CAP. LI.

An aa to confirm certain Tales and purchafes of eftates, made by the go^
vernors of the free grammar fchool of King Edward the Sixth, m Mac-
clesfield, in the county of Chefter j to enable them to make other fales,
purchafes, and exchanges; and to improve and extend the benefits of
the foundation of the faid fchool.

C A P. LIT.

An aa to enable the inhabitants of Grofvenor Square, in the county of
Middlefex, to pave, cleanfe, light, water, and embelhlh the laid Iquare;
and for other purpofes therein mentioned.
Preamble. Inhabitants may eleft truftees. Firft meeting of truftees.
Truftefts may appoint officers. Proceedings to be entered in a book.
Power of new paving veiled in truftees. Nothing in the adf fhall alter the
inheritance of the garden. Materials vefted m truftees. Truftees may
contraa for paving, &c. and lue for penalty in contraas. Trulfees may
compound for penalties. For preventmg annoyances. To prevent acci-
dents from leaving vaults open, or laying rubbifti in the fquare. Truftees
may alter the petition of the pipes. Water-pipes may be repaired in cer-
tain cafes Truftees may repair pavements, &c, Proviio. Penalty on
p^rfons breaking fences round the garden, or any lamps, &c. Rates, &c.
for the feveral purpofes of the a6f. Direaions how all empty houfes,
and houles let to ambaffadors, ftiall be aft-cfTed. How premiftes within the
I'imits of the aa (which are rated jointly with other premifes) may be le-
r,aratelv rated. Commencement of the rates. Inhabitants to pay rates,
and dedua them out of their rents. Lord Grofvenor to pay the balance
of the annual rent, and afterwards the whole of the faid rent to the trea-
surer to truftees, and (hall be difcharged from ufes thereof Truftees
may borrow money by annuities, or at mtereft, if they thirtk fit. Notice
to be dven previous to raifing of money. Securities to be entered
in books. Arrears of rates how to be recovered. Treafurer and colleaor
to account. Moiiey paid by the treafurer to be entered in a book. Ex-
pencesofthisaahowtobepaid; Writings may be without ftamps Rej
Inverv and aoolication of penalties. Diftrefs not to be deemed unlawful

coverv and application of penalties, uutreis not to oe aeemea uniawiui
for want of form. Proceedings not to be quaftied for want of form, or
• • ^ '' ns aggri-" ^-^ — ^" " — "-^^ *"^ ^^" ^i.o.*.^..

tor want or rorm. jriucttuiix^o ^ww .>, ~- ~^- __ ._

be remoYed by Csrtiorarh Ferfon^ aggrieved may appeal to the quarter^

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Preamble.

410 Anno decimo quarto Georgii III. c.53,54. [1774.

feffioTis Limitation of aaions. General ilFue. Treble cofts. Provifi-
om of the aa extended to parts of ftreets and mews. Truftees to make

AA. ?r ^"^ ^'" ??""^ ^^'^ P^"^^ ^^^ S^'^nt George, Hanover Square.
After pairing this a^, the (everal afts relating to Grofvenor Square to be
repealed Inhabitants diicharged from all other rates for paving, &c. the
iquare. Pubhck ad. ^ ^

CAR LIIL

An aa for making a navigable cut or canal, from the port or harbour of
Bude, m the hundred ot Stratton, in the county of Cornwall, to the ri-
ver Tamer, in the pari(h of Calitoke, in the faid county.

C A P. LIV.

Jn a5i for the better providing fuitahle quarters for officers and foU
diers in his Majeff s fervice in North America.

WHEREAS doubts have been entertained^ zvhether iroeps
can be quartered otherwlfe than in barracks^ in cafe barracks
have been provided fufficicnt for the quartering of all the' officers and
foldiers zoithin any 'ioiun, townjhip, city, difri^^ or place^ within
his Majejlys dominiD7is in North America: Arid whereas it may
frequently happen^ from the fituation offuch barracks, that, if troops
f>ould be quartered therein, they would not be fiationed where their
prefence may be neceffiary and required : be it therefore enaded by
the King's mofl excellent majefty, by and with the advice and
Confent of the lords fpihtual and temporal, and commons^ in
this prefent parliament adembled, and by the authority of the
Perronsautho-fsnrie, That, in fuch cafes, it (hall and may be lawful for the
rifedbylasv, perfons who now are, or may be hereafter, authorifed by law»
^"^l"^^^^^'^^in any of the provinces within his Majefty's dominions m North
teX whe^e^^' ^^^'^^^^^^-^ ^nd they are hereby refpeaively authorifed, impower-
none are pro- ^d, and dire<f\ed, on the requifition of the ofiicer who, for the
vided, foroffi- time being, has the command of his Majefty's forces in North
cers and fol- America, to caufe any officers or foldiers in his Majefty's fer vice to
^^^®' be quartered and billetted in fuch manner as is now dire6ted by

. law, where no barracks are provided by the colonies.
Governor of ^^* ^^^ ^^ ^^ further enaded by the authority aforefaid,
the province That if it (hall happen at any time that any officers or foldiers
to give orders in his Majefty's fervice fhall remain within any of the faid co-
for quarters Jozies without quarters, for the fpace of twenty-four hours af-
anVfoldlers. *^^ ^"^^^ quarters ftiall have beeri demanded, it (liall and may
be lawful for the governor of the province to order and direct
fuch and fo many uninhabited houfes, out-houles, barns, or
other buildings, as he fhall think necefiary to be taken, (mak-
ing a reafonable allowance for the fame), and make fit for the re-
ception of fuch officers and foldiers, and to put and quarter fuch
officers and foldiers therein, for fuch time as he fhall think
Continuance Proper.

of this aa. III. And be it further enaded by the authority aforefaid.

That this a6f, and every thing herein contained, fhall conti-
nue and be in force, in all his Majefty's dominions in North
America, until the twenty-fourth day of Marchy one thoufand
feven hundred and feventy-fix.

C A P.

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1 774»] Anno decimo quarto GeoRGII III. C ^^y 56- 4x1

CAP. LV.

An a6l for making commodious ways and paffages within the parifh of
Saint Srephen, in the city of Briftol j and for enlarging the burying
ground belonging to the faid pari(h.

CAP. LVL

An a6l for making and eftablifliing publick quays or wharfs at Kingfton
upon Hull, for the better fecurmg his Majefty's revenues of cuftoms,
and for the benefit oi commerce in the port of Kingiton upon Hull ;
for making a balbn or dock, with refervoirs, fluices, roads, and other
works, for the accommodation of veflels ufing the faid port} and for
appropriating certain lands belonging to his Majelty, and for applying
cti tarn f'ums oH money out ot his Majefty^s cuftoms at the faid port for
thote purpofes ; and for eltablifliing other necelfary regulations within
the town and port of Kingdon upon Hull.

Preamble, aff i4Car. 2. recited. His Majefty impowered to appoint open
quays at Hull. No perfon to (hip goods For exportation 5 exception. N^
wharfs, &c. iliall proje6> above 15 feet from the prefent buildings. Pro-
prietors of ftaiths on the weft fide of the river allowed to make wharfs.
Drains emptying into the haven to be fecured at the end. Regulations
in boiMing the wharfs, &c. Proprietors of ftaiths to remove banks, &c.
beyond 35 feet from the outermoft parts of the ftaiths. Low-water mark
to be determined by two engineers. In cafe the engineers difagree, a re-
feree to be nominated. In cafe of the death or refufal to ad of Mr. To-
field, or Mr. Grundy, others to be chofen. Penalty on proprietors not re-
moving banks, &c. beyond 35 feet diftance of the ftaiths. Penalty 50 1,
on commiffioners negle6ling to remove banks, ^c, Qu^alification of truf-
tees. Penalty 50I. on truTtees acting, not being duly qualified. Corpo-
ration deemed proprietors of certain ftaiths on ti'e weft lide of the river.
Owners not conforming to rules, to lofe their privileges. Company im-
powered within feven years to make a bafon, with refervoirs, Sec. If the
company do not provide quays within the limited time, the king to ap-
point them by commiffion. Company's names. Crown lands granted
for the above purpofe Occupiers of the other buildings to quit 5 and the
flierifF to deliver polTefTion on refufal. No buildings to be eredled thereon
till the bafon, &c. be completed. If works are not completed in a cer-
tain time, the land to revert to the crown. Company to repair, &c. the
premifes. Company to make a road from Beverley Gate to North Bridge.
Materials for roads and paving the quays, how to be got. Juftices to
determine all differences. Ground, bafon. Sec, vefted in the company.
Firft meeting of the company. Provifo. Clerk and treafurer, after cho-
fen, to given fecurity. The fum of 15,000!. granted out of the reve-
nues of cuftoms, to be applied in aid of the works. Company impower-
ed to raife money amongft themfelves. Subfcribers to have a vote for
every ftiare, by themfelves or proxies. If a fufficient number of the
company do not attend, the meeting to adjourn. Additional fum of
80,000 1. to be raifed, if neceffary. Rates may be afligned for payment.
Form of affjgnment. Aftignment to be entered in a book. Form of
transfer. The intereft of the money borrowed to be paid half yearly.
The mayor and burgeftes, &c. authorifed to purchafe ftiares in the works
made by this a<5l. The charter houfe to hold two fliares, and the corpo-
rations lo ftiares each. Company may make calls; but at four months
diftance at leaft. Perfons omitting to pay their proportions to forfeit 5I.
per cent, and if for two months, the ftiares to be forfeited. No ftiare to
be deemed forfeited till after fix months notice given to the perfon con-
cerned. When fubfcribers die before their ftiares be completed, execu-
cutors may complete the payment. How ftiares may be difpofed of by
the proprietors. Form of the fale and transfer. After Dec. 31, 1774-
company may take rates for ftiipping. Ships of war, &c. excepted. The
rates, R^ates vefted in the company. Ships drove in by ftrefs of weather,

or

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412 Anno decimo quarto Georgii III. c.56. [1774.

or enemy, &c. not to be liable to rates. Coafting vefTels not to pay, un-
lel? they come into the bafon. Wharfage rates. How vefTels (hall be
mealured. Perfons authorifed to go on board to meafure, and coUea the
duties. Penalty on perfons refufing admeafurement, or eluding payment
of duties, Cuftomer not to difcharge any veffel till duties are paid. Com-
pany may lelTen the duties and raife them again. Part of the tonage
rates to be repaid the mafters of fliips. CoUeaors and treafurers to keep
fair accounts, and produce their vouchers, on penalty of 20I. Company's
annual meeting. Treafurer to draw out a general annual account 5
which fliall be. printed and delivered to the fubfcribers, on penalty of loL
Commiifipners appointed. New commiflioners to be chofen. Dock maf-
ter, &c. incapable of a61:ing as a member, whilft he remains in office.
Time and place of commiflioners meeting. Commiffioners to make con-
tradfs. CoramiiTioners may compound penalties of contrafts. Commif-
fioners to appoint watchmen, &c. Commiffioners to make bye-laws.
Bye-laws fabjea to the controul of the company. Company may infpeft
the bye-laws, and alter or annul them. Lamps to be lighted. Penalty on
flealing or breaking lamps. Perfons accidentally breaking of lamps, to
make fatisfaftion on demand. Trinity- Houfe to appoint a dock-malter.
Mafters, &c. refufing to moor or remove veffels forfeit 40 s. and if any
mafter, &c. obHrudf the mooring or removing of velTels, he forfeits lol.
Mooring of fhips or veflels within the haven to be regulated. Mooring of ■
(hips or veffels oppofite to the jettee to be regulated. The guild may re-
move the dock and haven malter. If the guild negle^: to hear complaint
for 14. days, perfons aggrieved may appeal to the commiiTioners. lool.
per amium to be paid ro the Trinity houfe for falaries to the dock and haven
mafter and ajTiftants. Annual rent of 5 s. for each wharf, made payable to
the mayor and burgeffes. Remedy for recovery of rent. Tenants for
life, &c. may borrow money. Mortgages may be afligned. Tenants for
years to pay intereft for the money expended by their landlords. Com-
miffioners may purchafe land for widening the road, &c. If parties can-
not agree, (lierifF, &c. to fummon a jury. Jury may be challenged,
WitnelTes may he examined. Jury to award damages. CommifTioners
judgement to be final. Penalty on flieriff, &c. negk6ling their duty.
Yerdifts to be inroUed. Determinations to be entered in a book.
Land, &c, not ufed in the works may be fold. CommifTioners may pur-
chafe land to build a cuftom houfe. How expences of the jury are to be
paid. Perfons requiring a jury to give fecurity to profecute. Goods to
be removed from the quays within 4S hours. Warehoufes, &c. may be
hired for keeping of goods, &c. Gunpowder, &c, to be removed at a
certain time. Penalty on default 5I. For fcouring the haven, bafon, &c.
Penalty on throwing dirt into the docks, &c. limber not to be left in
the haven more than 48 hours. No ballaft to be raifed between Dolphin
Point and South End, without leave of the mayor. Penalty on cutting
of ropes, 5.:C' Not to extend to rhe dock mafter. Regulations in keeping
ill es, &c. on board of ftiips. Bell to be rung when fires are to be extinguiOi-
ed. 5I. penalty on perfons boiling pitch, &c. on board. Gunpowder
may be landed without leave of the officers of cuftoms, when the veffel
fhall arrive on a Sunday, &c. No (hip to enter the docks under fj^il. Old
fl))ps not to encumber the bafon or dock. Expence of moving old (hips
may be levied by diltrefs. Owners of veffels an fwerable for damages done
by their crews. Materials may be laid on adjoining lands, making fatis-
fa6fion. Perfons deitroying the docks, &c. to be puni(hed. The fares of
trucks and carts to be. fixed. Water to be preferved to the town. Reco-
very and application of penalties and forfeitures. Penalties may be mi-
tigated, Perfons aggrieved may appeal to the quarter feffions. Proceed-
ings not to be vacated for want of form. Limitation of a6lions. Gene-
ral iffue. Treble cofts. Writings may_be without ftamps.. Saving rights
of the Trinity houfe. Saving the rights of the corporation. Publick

a^,

C A P^

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lyjA-'"] Anno decimo quarto GeorGII III. C.57, 58. 41.3

CAP. LVII.

jffi q51 to repeal fo much of an aci^ made in the laft fejjion of parlia.^
ment^ for reducing into one a 51 the general laws relating to turU'
pike roads^ as exempts p erf ons from the payment of tolls at fide gates
ere Bed at places fpecified in any a5i of parliament.

WHEREAS hy an ad^ made in the thirteenth year of /^/:» Preamble.
prefent Mojefifs reign^ (intituled^ An a6l to explain, Claufe in a6l
amend, and reduce into one a6t of parliament, the general laws ^3 Geo. 3. re-
now in being for regulating the turnpike roads in that part of ^^ ^ *
Great Britain called England^ and for other purpofes), it is pro-
vided and enat'ied^ That no per/on fhall be liable to pay toll at any toll-
gate eYe£led^ or to be ereSlcd^ acrofs or on the fide of any turnpike
road^ or be fubje^i to any penalty for any carriage^ horfe^ or beafi^
which fo all only crofs fuch road^ and floall not ppfs above one hundred
yards thereon^ except over fome bridge erected at a confiderable expence
hy the truftees of fuch turnpike road, which provifion^ as it takes a-
way or leffens the tolls of certain toll-gates ere5ied by the authority or
direction of former a5ls of parliament^ at certain places in fuch a5ls
fpecified for that purpofe^ is detrimental to many turnpike roads^ and
highly injurious to per f ons who have lent money on the fecurity of fuch
tolls: may it therefore pleafe your Majefty that it may be ena61-
ed; and be it enacled by the King's moft excellent majefty, bv
and with the advice and confent of the lords fpiritual and tem-
poral, and commons, in this prefent parliament afTembled, and
by the authority of the fame, That the faid recited provifion and repealed,
fhall be, and the fame is hereby repealed, fo far as the fame To far as it au
afFeds any toll-gate direded or authorifed to be fet up at any ^^^^ any toll-
place particularly fpecified and mentioned in any a6l of parlia- i^Hv fpecified
ment, for repairing any highway or road, paiTed before the by any aft of
^laking of the faid a£l of the tltjrteenth year of his prefent Ma* paiiiament,
jefty's reign.

CAP. LVIIL

An a5l for repealing an a^fy made in the firfi year of the reign of
Z//7^- Henry the Fifth \ and fo much of fever al aSJs of the eighth^
tenths and tzuenty- third years of King Henry the Sixths as re-
lates to the refidence of perfons to be elected members to ferve in
parliafnent^ or of the perfons by whom they are to be chofen»

WHEREAS an a 51 of parliament ivas made in the fir Jl year Preamble.
of the reign of King Henry the fifths ordaining and ejla^ A(5t i Hen. 5.
hliflnng wjiat fort of people fliall be chofen, and who fliall be
the choofers of the knights and burgeffes of the parliament ; and
alfo an a5f in the eighth year of the reign of King Henry the Sixth, Aa 8 H
ordaining what fort of men (hall be choofers, and who (hall be ^"^^ °

chofen knights of the parliament; and alfo an a5l in the tenth AdioHen. $.
year of the reign of his faid Majefy^ requiring certain things in
him who (hall be a choofer of the knights of parliament j and
alfo an a5i in the twenty Ahird year of the reign of his faid Majefty, g^d aa a?
directing who (hall be knights for the parliament, the manner Hen. 6.

' ' of

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4H Anno decimo quarto Georgii III. c. ^g. [1774.

of their eleaion, and the remedy where one is chofea and an-

other returned : afid whereas feveral provifeons contained in the /aid

{i^s have been found, by long ufage, to be unneceffary, and are become

objolete : in order therefore to obviate all doubts that may arife

■upon the fame, may it pleafe your Majeay that it may be enad-

ed; and be it enaded by the King's moft excellent majefty, by

and with the advice and confent of the lords fpiritual and tem-

fo^-^r^^rei^tp. P^^^^* ^"^ commons, in this prefent parliament aflembled, and

trtherefi ^^ the authority of the fame, That the fald ad, made in the firft

dence of per- ^^^^ ^^ ^he reign of his majefty King He-nry the Fifth, and every

fons to be part thereof; and fo much of the faid feveral a6ts, made in the

cleaed mem- eighth, the tenth, and the twenty-third years of the reign of his

ment &r ^^3^% King Henry the Sixth, as relates to the refidenceof per-

repealed/ ^^"^ ^^ ^^ eleded members to ferve in parliament, or of the

perfons by whom they are to be chofen, (hall be, and the fame

are hereby repealed.

C A P. LIX.

Jn ac! for preferving the health of pr if oners in gaol, and preventiri^
the gaol difemper.

Preamble. \A/ ^ -^ ^ ^ ^ S the malignant fever, that is commonly called
VV The Gaol Diftemper, is found to be owing to a zvant of
cleanlinefs and freft air in the feveral gaols in England a77d Wales,
and the fatal confequences of that diforder^ of which there has been of
late, too much experience, might be prevented, if juflices of the peace
were duly authorifed to provide fuch accommodattons in gaols as may be
r^eceffary to anfwtr this falutary purpofe : may it therefore pieafe
your Majefty that it may be enadled, and be it enacted by the
King's moll excellent majefty, by and with the advice and con-
fent of the lords fpiritual and temporal, and commons, in this
prefent parliament affembled, and by the authority of the fame.
Powers of the That the feveral juftices of the peace, in that part of Great Bri-
jnllices at tain called England and IFales, within their feveral jurifdidions,
itfliunT^^^^^ ^^ ^^^^^^ quarter feffions affembled, are hereby authorized and re-
quired to order the walls and cielings of the feveral cells and
wards, both of the debtors and the felons, and alfoof any other
rooms ufed by the prifoners in their refpeclive gaols and prifons,
where felons are ufually confined, to befcrapedand vv'hite-wafh-
ed, once in the year at leafl:; to be regularly wafhed and kept
clean, and confia-ntly fupplied with freih air, by means of hand
ventilators, or otherwife^ to order two rooms in each gaol or
phfon, one for the men, and the other for the women, to be fet
apart for the fick prifoners, diredting them to be removed into
fuch rooms as foon as they fhall be feized with any diforder, and
kept feparate from thofe who fhall be in healthy to order a warm
and cold bath, or commodious bathing tubs, to be provided in
each gaol, or prifon, and to direft the prifoners to be wafhed in
fuch warm or cold baths, or bathing tubs, according to the con-
dition in which they fiiall be at the time, before they are fuf*
fered to go out of fuch gaols or prifons upon any occafion what-
ever j

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17740 Anno decimo quarto Georgii III. c.6o. 4^5

ever ; to order this ad to be painted in large and legible chara<5lers

upon a board, and hung up in fome confpicuous part of each of

the faid gaols and prifons ; and to appoint an experienced fur-

geon or apothecary, at a dated falary, to attend each gaol or pri-

^n refpedively, who Qiall, and he is hereby direded to report to

the faid juftices by whom he is appointed, at each quarter fefTions,

a ftate of the health of the prifoners under his care or fuperin-

tendance.

IL And be it further enaded by the authority aforefaid, That They are to
the faid jufticesof the peace, in their faid quarter felTions aflem- ^^th^gy^ihaU
bled, are hereby authorifed to dired the feveral courts of juftice think fit.
within their refpedive jurifdidions to be properly ventilated ; to
order cloaths to be provided for the prifoners, when they fee oc-
cafion ; to prevent the prifoners from being kept under ground,
whenever they can do it co-iveniently; and to make fueh other
orders, from time to time, for reftoring or preferving the health
of prifoners, as they (hall think neceiTary.

III. And be it further enaded by the authority aforefaid. That ^'^J^^^Ta^T
the expences attending the execution of the orders of the faid '^ ^ ^ '^^Y^ ."
juftices, made in purfuance of this ad, fo far as the fame (hall
refped county gaols and prifons, and courts of juftice belonging
to counties, Aiall be borne and defrayed, at all times, out of the
refpedive county rates ; and fo far as the fame (hall refped the
gaols and prifons, and courts of juftice, of particular cities, towns
corporate, cinque ports, liberties, franchifes, or places, that do
not contribute to the rates of the counties in which they are re-
fpedively fituated, fuch expences (hall be defrayed out of the
public ftock or rates of fuch cities, towns corporate, cinque ports,
liberties, franchifes, or places, having fuch exclufive jurifdidions,
to which fuch gaols, or prifons, or courts of juftice, (hall re-
fpedivcly belong : and if any gaoler or keeper of any prifon (hall, Gaolers dif-
at any time, negled or difobey the orders of fuch juftices made derJtob^pro-
in purfuance of this ad, he may be proceeded againft in a fum- ceeded againft
mary way, by complaint made to the judges of a(rize, or to the in afummary
juftices, in their quarter feflions ; and if he be found guilty of ^^y*
fuch negled or difobedience, he (hall pay fuch fine as the judges
of affize, or juftices, (hall impofe, and (hall be committed in cafe
of nonpayment.

C A P. LX.

An ad for indemnifying the innkeepers and viduallers within the hundred
of Godley, in the county of Sarrey, agamft the penalties to which they
are or may be liable, for feiling ale, beer, wine, or fpirituous liquors,
without proper licences, upon certain conditions.

Preamble. The licences granted in 1773 to be valid, for the purpofes ex*
prelfed. All fuits commenced againft the inn-keepers of Godley, for felling
beer, wine, &c. fmce 1773, are hereby made void. No perfon to be inti-
tled to thfs benefit, unlefs he obtains a legal licence before July 10, 1774.;
which the comniiilioners of excife and ftamp duties are requiied to grant.
Public aa.

CAP,

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. Preamble.

416 Anno decimo quarto Georgii ILL c.6i— 64. [1774:

CAP. LXI.

An.aft to explain and amend two feveral a6h of parliament, for ereaine:
hofpuals and workhoufes within the city and county of the city of Exon
for the better employing and maintaining the poor there; and to raife
turther funis of money for the more effect ually carrying the purpoies Of
the faid a6ls into execution. ^

C A P. LXIL

An aa for the better gb^^erning and employing the poor, and making
and colleamg the poor^s rates, within the parifhes of Saint Giles in the
Fields, and Saint George Bloomlbury, in the county of Middlefex.

CAP. LXIII.

An aa for building a bridge crofs the river Air, at Carlton, in the Weft
riding of the county of York.

CAP. LXIV.

Jn q61 to explain fo much oj an a^y made in the laji fejfion of parlia-
menty [intitukd, An ad to regulate the importation and ex-
portation of corn,) as relates to the method of afcertaining the
prices of corn and grain exported.

WH E R E A S ^j^' an a^y made in the laft feffwn of parliameftt^
{iniituledy An aft to regulate the importation and expor-
tation of corn,) it is^ amongf other things ^ ena5iedy That the feveral
prhes at zuhich certain fpecies of corn a?jd grain ^ therein enumerated^
Jhall he prohibited to' he e:<por ted from this kingdom^ and alfo that the
prices at which the refpective bounties granted by the faid aSl are to be
allowed upon the exportation of certain fpecies of corn and grain^ Jhall
be afcertained according to the methods dire6ied by the feveral a^s of
parliament y for afcertaming the rates and prices of corn and grain im-
port ed^ or as dire6led by the [aid recited ah : and whereas the prices^
with refpe6i to corn and grain imported into that part of Great Bri-
tain called England, Wales, and the town ^Berwick upon Tweed,
arcy by the feveral a5ls now in force ^ dire^ed to be afcertained at every
quarter fejjions for the refpeiiive counties luithin the fame ; which
prices being fo afcertained^ cannot be altered until the next fucceeding
quarter feJfionSy although the prices of corn and grain may^ in the mean
UmCy be either very much increafedor diminijhed : and whereas ^ by the
aforefaid aB^ made in the laft feffon of parliament^ the prices of corn
and grainy and oat-mealy in that part of Great Britain called Scot-
land, are to be afcertained by the Jheriff or fleward deputes y or their
fuhfituteSy of the feveral courtties within which there are ports or
"^placeSy for the importation and exportation of goods and merchandifes^
four times in the year \ that is to fay y Upon the fir ft day ^ Novem-
ber,/r/? day of February, firjf day of M^y, and frfl day ^/ Auguft,
in manner therein dire5ledy which prices fo afcertained cannot be al-
tered until the expiration of three months from the time of their afcer-
iain?nenty although the prices of corn and grainy and oat-mealy may^
in the mean tinUy be either very much increajed or diminifoedy and it

being

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J 774-1 Anno declmo quarto Georgii III. c.,65. 417

being expedient that the exportation of corn and grain from this kingdom y

and the allowance of the fever al bounties thereon^ Jljould be governed and

regulated^ according to the real average prices of fuch corn and grain^

and oat-mealy at the refpe^ive times when^ and places from whence ^

the fame jhall be fnpped for exportation : may it therefore plea fe your

Majelly that it may be ena6led; and be it enadled by the King's \

moll: excellent majefty, by and with the advice and confent of

the lords fpiritual and temporal, and commons, in this prefent

parliament afTembled, and by the authority of the fame, That After 1 June,

from and after the firfl day of yune. one thoufand feven hundred ^V^^ prices
J r . r ^i_ • r j • i , o^ corn and

and feventy-tour, the prices of corn and gram, and oat-meal, grain how to

exported from this kingdom, fhali be regulated and governed by be regulated,
the average prices at which fuch corn and grain, and oat-meal,
(hall be refpedively fold in the publick market, at or neareft to
the port or place from whence fuch corn or grain, or oat-meal,
(hall be intended to be exported, on the laft market-day preced-
ing the fhipping of fuch corn or grain, and the refpedive boun-
ties granted by the faid recited a6t (hall, in like manner, be paid
and allowed, according to fuch prices, by the fame rules and re-
gulations, and fubje6t to the fame fecurities, reftridions, oaths,
penalties, and forfeitures, as the former bounties on corn or
grain exported were paid and allowed, and were fubje6t and lia-
ble to, before the making the faid recited a6l of the laft feffion of
parliament ; any thing therein contained to the contrary not-
withftanding.

II. Provided always, and it is hereby further enaded by the
authority aforefaid. That nothing herein-before contained (hall Nothing con-
extend, or be conflrued to extend, to prohibit any perfon from u^u^^^u*^^ ^^^"
exporting any corn or grain, or oat-meal, or from receiving the portation^of
bounty thereon, which ihall be actually (hipped or laid on board corn or grain
any (hip or vefTel, for that purpofe, within twenty days from the if Shipped 20
entry thereof at the cuftom-houfe for exportation, although the ^^^^ ^^"^"^ ^^^
prices of corn at fuch port may have arifen above the rates in ^^^^^ thereoh
the faid a6l refpe61ively fpecified, after the entry thereof, and
before the expiration of twenty days from fuch entry ; any thino-
herein-before contained to the contrary notwithftanding»

CAP. LXV.

An a5l to alter and amend an a^^ paffed in the twenty-fifth year of the
reign of his late majefy King George the S^condy (intituled^ An
a6t for annexing certain forfeited eftates in Scotland to the
ci'own unalienably ; and for making fatisfadlion to the lawful
creditors thereupon ; and to eftablifh a method of managino-
the fam«, and applying the rents and profits thereof for the
better civilizing and improving the highlands of Scotland^ and
preventing diforders there for the future;) fo far as the fam^
relates to the granting leafes of the [aid efiates.

WHEREAS by an a5ly made in the twenty -fifth year of his preamble
late Majefy s reign^ {intituled^ An adl for annexing cer- a q.^^ p*
tain forfeited elUtes in Scotland to the crown unalienably 3 and ^^^^5 Geo. a.

for

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4i8 Anno dedmo quarto Georgii III. c. 65. [1774.

^1^ ^^^'""^ fatisfaaion to the lawful creditors thereupon ; and tJ
eltabhfh a method of managing the fame^and applying the rents
and prohts thereof for the better civilizing and improvhio- the
highlands of 5^^//^^/i, and preventing diforders there for t^re fu-
ture;) ;/ IS, amongfl other things, enaaed, That the commi/Jioners and
trujtees to be appointed by his Majejly, his heirs and fuccefors, fiall
haiJe power to grant leafes oj the jald ejlates, or any part thereof, in
manner therein fpecified-, but that no per/on Jhall be capable of taking
or enjoying any lands or tenements, other than mines or fijlnngs, by vir-
tue of fuch leafe or leafes, of greater annual rent than twenty pounds
at the utmojl: and whereas the commiffioners and trupes, appointed
by hs Majefty, finding that many farms of the f aid efiates, formerly
let at or under twenty pounds of yearly rent, have, by inclofing and other
improvements, and by the increafe of the price of horned cattle, and
other produce of the [aid farms, become more valuable, fo as they may
afford rent above twenty pounds yearly^ and which the tenants or others
are willing to pay, were the commiffioners enabled to grant leafes of fuch
far?ns at a higher rent than tiventy pounds: and whereas the divid-^
ing farms, which have been let at the rent of twenty pounds^ or under,
and might now, or may hereafter, be let at a higher rent than twenty
pounds, would be difficult and incommodious, efpecially in the cafe of
inclofed farms, and would create much expence in building houfes upon
inconvenient farms : for remedy whereof, may it pleafe your Ma-
jefty that it may be enaded ; 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 commons, in this prefent
The commif- parliament aflembled, and by the authority of the fame. That it
pornTe/by the ^^^^ ^"^ ^'^^ ^^ lawful to and for the faid cornmiflioners and
iaid aa to truftees, and fuch commiffioners and truftees as (hall be from
grant leafes of time to time nominated and appointed by his Majefty, his heirs
tarms at a and fucceffors, or a quorum of them, to kt and grant leafes of
than^loT"^ ^^^"^^ ^^ ^ higher rent than twenty pounds, when they ftiall find
it proper, and which leafes (hall be good and efFeaual to the lef-
fees ; any thing in the before-recited ad of the twenty-fifth year
of the reign of his late Majefty to the contrary notwithftanding.
No fuch leafe H. Provided always. That no fuch leafe or leafes to be made or
land^TeVfor g^^"^^^ ^^ ^ higher rent than twenty pounds,ftiall comprize lands
more before which were let for more rent than twenty pounds, at any time
1756. preceding the year one thoufand feven hundred and fifty-fix.

CAP.

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1 774-] Anno declmo quarto Georgii III. c.66. 4x9

CAP. LXVI.

Ana5l for the repeal of all former a5is concerning the longitude at fea^
except fo much thereof as relates to the appointment and authority of
the commiffwners thereby conffituted^ and alfo fuch claufes as relate
to the conJlru5iingj printings puhlifhing^ vending^ and licenfvig, of
nautical almanacks ^ and other ufeful tables ; and for the more effec-
tual encouragement and reward of fuch per f on and perfons as fhall
difcover a method for finding the fame ^ or /hall make ufeful dif cove-
ries in navigation \ and for the better making experiments relating
thereto.

WHEREAS an (i5l was made in the twelfth year of the reign Preamble.
of her late majefly ^een Anne, intituled^ An a6l for pro- A6t 12 AnnaeJ
viding a publick reward for fuch perfon or perfons as (hall dif-
eover the longitude at fea ; and alfo another a5i was made in the four-
ieenth year of the reign of his late majefly King George the Second^ A61 14. Geo. 23
intituled^ An ad for furveying the chief ports and headlands on
the coalls of Great Britain and Ireland^ and the iflands and plan-
tations thereto belonging, in order to the more exa61 determina-
tion of the longitude and latitude thereof; and alfo another a5l
was made in the twenty- fix th year of the reign of his f aid late Majejiy^ A<^ 26 Geo. 2^
intituled^ An a6l to render more effedual an acl, made in the
twelfth year of the reign of her latemajeftyQiJeen Anne^ intituled.
An a 51 for providing a public reward for fuch perfon or perfons as
fhall difcover the longitude at fea^ with regard to the making experi^
fjients of propofals made for difcovering the longitude ; and to enlarge
the number of commiffwners for putting in execution the faid a5i-y and
alfo another a5i was made in the feccmd year of the reign of his prefentf^^ ^ Qq^^ .y
Majefiy^ intituled^ An a6t for rendering more effectual an a6l,
made in the twelfth year of the reign or her late majefty Qiieen
Anne^ intituled, An ah for providing a public reivardfor fuch perfon
or perfons as fimll difcover the longitude at fea ^ with regard to making
experiments of propofals made for difcovering the longitude ; and alfo
another aSt was made in the third year of the reign of his prefcnt Ma- A61 3 Geo. 3^
jefiy^ intituled., An ad for the encouragement of "John Harrifon to
publifh and make known his invention of a machine or watch,
for the difcovery of the longitude at fea ; a7id alfo tivo other a5is
were made in the fifth year of the reign of his prefcnt Adajefy^ the one a<51 c Geo. j.
intituled^ An ad for rendering more effedual an ad, made in the
twelfth year of the reign of her late majefty Queen Anne^ intituled.
An a^ffior providing a public reward for fuch perfon or perfons as fi:>all
difcover the longitude at fea ^ with regard to the making experiments of
propofals mode for difcovering the longitude \ md the other ^ intituled y
An ad for explaining and rendering more effedual two ads, one
made in the twelfth year of the reign of Queen Anne^ intituled.
An a5l for providing a public reivardfor fuch perfon or perfons as fhall
difcover the longitude at fea ; and the other in the twenty fixth year of
the reign of King George the Second^ intituled^ An ad to render
more effedual an ad, made in the twelfth year of the reign of
Vol,. XXX. r f her

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420 Anno declmo quarto Georgii IIL c. 66. [1774.

her hte majefty Queen J;ine, intituled, Jn a ^J for providing a pub-
lic reward for fuch perfon or perfons as JImll difcover the longitude at
fea^ zvith regard to the making experiments ofpropofah made for dif-
Af^ n ^^'^^^'^^S ^^-'e longitude ; aiid to enlarge the number of commijTioPers for

ACt 10 oeo. 3. putting in execution the [aid a^i ; and alfo anbther a5l ivas made in the
tenth year of the reign ofhisprefent Majejly, intituled. An a6l for ren^
dering nnorc effeclual feveral ads, for providing a public reward
for difcovering the longitude at fea; for improving the lunar ta-
bles conftruded by the Jate profeffor Mayer-, and for encouraging
difcoveries and iniprovements ufeful to navigation : and vjhereas
it is highly expedient to encourage, by further rewards, fuch other me-
thods and experi?nents as may conduce to the difcovery of the longitude
ctfca, and promote farther improvements and difcoveries in nQvi(^a*
tion \ and^ to make more effe^iual regulations for the examining, try-
ing, and judging of all propofals, experiments, and improvements, re-
lating thereunto-, may it therefore pleafe your Majefty, that it may
be enaded; and be it enacted by the King's mofl: excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
. 3^d temporal, and commons, in this prefent parliament aftem-

377t, thrre^ ^'^^' .^"^ ^:^ ^^^^ authority of the fame, That each and every of
cited' aas re- ^^^ ^^^^ recited ads, (fave and except fuch claufe and claufes in
pealed, except each or any of them as relate to the appointment or authority of
twociaufes. all or any of the commiflloners thereby refpedively conftituted,
and all fuch claufe and claufes as relate to the conftru6ling, print-
ing, publifhing, vending, and licenfing, of nautical almanacks^
and other ufeful tables,) ftiall, fromand after the twenty-fourth
day o^ June, one thoufand leven hundred and feventy-four, be,
and are hereby repealed.

\\, And, for a due andfufficient encouragement to any perfon or perfons
who /hall difcover any method or methods for finding the f aid longitude^
Sums, as re- be it enaded by the authority aforefaid,That the firft author or au-
wards, given thors, difcoverer or difcoverers, of each and every fuch method or
au lors, methods, his or their executors, adminiftrators, oraftigns, (hall be
intitled to, and have the rewards or Turns of money herein-after
mentioned ; that is to fay, In cafe the method propofed ftiaiJ be,
by means of a time-keeper, the principles whereof have not hi-
therto been made public, to the reward or fum of five thoufand
pounds, if fuch method determines the faid longitude to one de-
gree of a great circle, or fixty geographical miles ; to the reward
or fum of feven thoufand five hundred pounds, if it determines
the fame to two-thirds of that cliftarrce; and to the reward or fum
often thoufand pounds, if it determines the fame to one half of
the faid diftance : which refpedlive rewards fliall be due and paid
when fuch method (hall have been fufnciently tried by the fol-
lowing experiments and voyages to be made and performed by
fuch perfons, and under fuch reftridlions, as the faid commif-
fioners for the difcovery of longitudt^ at fea, refpe^ilively confti-
tuted by the above-recited adls, or the major part of them, fhall
think fit to appoint and dire6}; (that is to fay,) when and fo
foon as two or more time-keepers, of the fame conftrudion, fhall
liave been tried at the fame tirae^ for the fpace of twelve months,

at

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1 774-1 Anno decimo quarto GeoRGII IIL C.66. 42 1

at the royal obfervatory at Greenwich^ then in two voyages round
the iiland o^ Gfcat Britdifu in contrary diiedions, and in fuch
other voyages to differeiit^cliinates as the faid commiilloners fhall
think fit to dire(5t and appoint ; and after their return from fuch
voyagefs, or any of them, for fuch longer time, at the faid obfer-
vatory, not exceeding twelve months, as the faid commiffioners
fhall judge neceffary ; and alfb when and (o foon as the faid com-
miffioners, or two thirds of them, at the Jeaft, (lialj^ after fuch
experiments and voyages have been made and perfornied as
aforefaid, have declared and determined that fuch method is ge-
neraJly pradlicable and ufeful, and fufficiently exad to determine
the longitude at fea within the degrees or hmits aforefaid, in all
voyages for the fpace of fix months, (impediments from cloudy
and hazy weather excepted ;) and alfo when and fo foon as the
principles and pradice of fuch method are fully difcovered and
explained to the fatisfadion of the faid commifiioners, or two-
thirds of them at leaft; and fuch author or authors, difcoverer
•or difcoverers, (hall have delivered up and afTigned over to the
faid commifTioners, for the ufe of the public, the abfolute pro-
perty of fuch time- keepers as (hall have been tried by fuch ex-
periments and voyages as aforefaid, together with all places, de-
scriptions, theories, and explanations, belonging or relating to
the fame, and which (hall contain the whole of fuch difcovery o£
the longitude; and in cafe the method propofed (hall be by means
of improved folar and lunar tables; then, and in fuch cafe, the
author or authors of fuch improved folar and lunar tables, their
executors, adminiftrators, or adlgns, (liall be intitled to and have
the reward or fum of hve thoufand pounds, if fuch folar and lu-
nar tables fhall prove fufficiently exafl to fhew the dift^nce of the
moon from the fun and ftars in the heavens, within fifteen feconds
of a degree, anfwering to about feven minutes of longitude, after
making an allowance of half a degree for the errors of obferva-
tion ; and when it fhall appear to the fatisfadion of the faid com-
Tni(rioners, or two thirds of them, at leaft, that fuch tables are
conflruded entirely upon the principles of gravitation laid dowa
'hy^\t Ifaac Neivtori^ (except with refpe6l to thofe elements which
muil: necefiarily be taken from agronomical obfervations, and
alfo when the truth of fuch tables (hall have been further con-
firmed and proved by comparifon with a feries of agronomical
obfervations made during a period of eighteen years and a half,
"which is deemed the period of the irregularities of the lunar mo-
tions; which reward fhall be due and paid, when the faid com- when to be
.milTioners, or two-thirds of them, at leaft, (hall have declared V^^^*
and deiermined, that fuch tables are fufficiently exadl, to (hew
the diftance of the rnoon from the fun and ftars in the heavens,
within the limits above-mentioned ; and alfo when the author
or authors of fuch improved folar and lunar tables, his or their
executors, adminiftrators, or affigns, (hall have delivered up,
-and afiigr\ed over to the faid commiifioners, for the ufe of the
■pub'ic, the abfolute right and property to and in the fame, toge-
ther with the theory relating thereunto; and in cafe any ciher

F f 2 method

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422 Anno dcclmo quarto Georgii III. c.66. [1774;

method (hall be propofed for finding the longitude at fea befides
thofe before mentioned, that then, and in fuch cafe, the firft au-
thor or authors, difcoverer or difcoverers, of any fuch method,
his or their executors, adminiftrators, or affigns, (hall be intitled
to and have the reward or fum of five thoufand pounds, if it (hall
determine the faid longitude vjithin one degree of a great circle,
or fixty geographical miles ^ to the rev^'ard or fuiii of feven thou-
fand hvt hundred pounds, if it fhall determine the fame to two-
thirds of that diftance; and to the reward or fum often thoufand
pounds, if it (hall determine the fame to one half of the fame
diftance ; which refpedtive rewards fhall be due and paid, fofoor^
as the faid commifTioners, or two-thirds of them, at leaft, fhall,
after proper trial have been made by their appointment and di-
redlion, have determined that fuch method fhall be generally
practicable and ufeful for finding the longitude at fea within the
refpedlive limits above-mentioned,
Treafurer of III. And be it further ena6ted by the authority afarefaid. That
the navy to when and fo foon as any fuch method or methods, for the dif-
or^revll^j!^^' covery of the faid longitude, (hall be tried, as before mentioned,
to the authors. ^^^^ found pradhcable and ufeful at fea, and fufficiently exa6t to
determine the longitude within any of the degrees or limits afore-
faid, the laid commilhoners, or two-thirds of them, fhall certify
the fame, under their hands and feals, to the commifTioners of the
navy for che time being, together with the name or names of the
perfon or perfons who (hall be the author or authors of fuch me-
thod or methods ; and upon the receipt of fuch certificate, the
faid commifTioners of the navy are hereby authorifed and required
to make out a bill or bills upon the treafurer of the navy, for the
refpec^ive fum or fums of money to which the author or authors
of fuch propofal, his or their executors, adminiftrators, or alTigns,
(hall be intitled by virtue of this ad ; which fum or fums the faid
treafurer is hereby required to pay to the faid author or authors,
their executors, adminiftrators, or a(Tigns accordingly, out of any
money that may be in his hands unapplied to the ufe of the
navvj according to the true intent and meaning of this z6\,

lY. Jjjd whereas the fever al fums of^money granted by the above

now- red ted a^s, toiuards making experiments of prop of als for difco-

verlng the longitude at fea^ and for improving the lunar tables^ and

waking other difcoveries or improvements ufejul to navigation^ are^ by

Tcafon of the fever al payments made by the treafurer of the navy^ pur^

fuant to the direBions of the faid a5is^ not only expended^ but^ more^

cvcr^ fever al debts have been incurred j and are now growing due for

fervices tending to the benefit of navigation^ and^ more particularly^

for defraying the expence of the two obfervers luho have been fent out to

make" nautical and ofronomical obfervations in the fouthern hemifphere :

end whereas it is highly neceffary that the faid debts Jhould be difcharg-

td^ and that ingenious p erf ens Jhould be encouraged to make further

dijcoveries and improvements ufeful to navigation ; be it further en-

^ .^,^ a<-ied by the authority aforefaid, That the above-mentioned cam-

ers ofTon -"-" mifiioners for the difcovery of longitude at fea (hall and may cer-

^de CO certify tify the amount of fuch debts, together wuh the names of the

perfons

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1774'] Anno decimo quarto Georcii III. c.66. 42?

perfons to whom the fame (hall be refpedively due, under their debts incurred
hands and feals, to the commiffioners of the navy, who are hereby ^y ^^^^^^ ^ds
authorifed and required to make out a bill or bills upon the trea- ^\f\ionersoi
furer of the navy for fuch fum or fums of money as may be ne- the navy :
ceflary for difcharging the faid debts ; which fum or fums of
money the faid treafurer is hereby required to pay to the perfon
or perfons to whom the fame (hall be refpecSlively due, out of
any money which (hall be in his the faid treafurer's hands unap-
plied as aforefaid.

V. And be it further enabled by the authority aforefaid. That They are alfo
tlie faid commiffioners for the difcovery of longitude zt kz^^^^^^^Y^P^P'
or any five or more of them, (hall have full power and authority^^^^^^.^j^^^'^^^ "
to hear and receive any propofal or propofals that (hall be made longitude,

to them for difcovering the faid longitude, or for making any
other ufeful improvement in navigation ; and in cafe the faid
commiffioners, or any five or more of them, (hall be fo far fatis-
iied of the probability of any fuch difcovery or improvement as '

to think it proper to caufe experiments to be made rhereof, they
fhall certify the fame, together with the names of the author or and certify the
authors of fuch propofal or propofals, under their hands and ^^^^> ^it" the
feals, to the commiffioners of the navy, who are hereby autho- namesotthe
rifed aiid required to make out a bill or bills upon the treafurer commiffioners
of the navy for any fuch fum or fums of money as the faid com- of the navy,
miffioners for the difcovery of longitude at fea, or any five or
more of them, fiiall think necefTary for making fuch experiments ;
which fum or fums the treafurer of the navy is hereby required
to pay immediately to fuch perfon or perfons as fhall be appoint- .
ed by the faid commiffioners to make thofe experiments out of
any money which fhall be in his the faid treafurer's hands unap-
plied as aforefaid.

VI. And be it further ena6led by the authority aforefaid. That Perfons mak-
if any perfon or perfons (hall make any difcovery for finding the ing ufeful dif-
longitude at fea, which, though not of fo great ufe as to be intltled covenes, to
to any of the great rewards above fpecified, fhall neverthelefs be receive le(s re-
adjudged by the faid commiflloners for the difcovery of longitude ^b/g to^tle^^"
at fea, or the major part of them, to be of confiderable ufe to the judgment of
public, or (hall make any other difcovery or difcoveries, irn-.the commir-
provement or improvements, ufeful to navigation ; then, and in ^^^ners.
fuch cafe, fuch perfon or perfons, his or their executors, admi-
niftrators, or affigns, fiiall, from time to time, have and receive

fuch lefs reward or fum or fums of money as the faid commif-
fioners, or the major part of them, fhall think reafonable; and
certify accordingly, under their hands and feals, to the commif-
fioners of the navy, who are hereby authorifed and required to
make out a bill or bills upon the treafurer oT the navy for any
fuch fum or fums of money, which the faid treafurer is hereby
authorized and required to pay immediately to fuch perfon or
perfons, his or their executors, adminiftrators, or affigns, out of
any money that (l\all be in his the faid treafurer's hands unap-
plied as aforefaid.

VII. Provided always. That all fuch fum or fums of money as '^^^^ ^^^^^ P^-

F f «? /^Ij able by the

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Ko perfon to
receive more
for difcoveries

424 Anno decimo quarto Georgii IIL C. 66. [1774;

to\xcIed^°^ ^^^^ ^^ P^^^ ^y ^"^^ treafurer of the navy by virtue hereof, as well
Soooi. f^^ ^^^ purpofe of difcharging the feveral aebts which have been

incurred, and are now growing due for fervices tending to the
benefit of navigation, as of making fuch experiments as aforefaid,
and of rewarding, in a lefler degree, lefler dilcoveries for finding
the longitude at fea,and alfo other difcoveries and improvements
ufeful to navigation, do not ahogether exceed the fum of five
thoufand pounds: and alfo provided, That in cafe any fuch re-,
ward, or fums of money, to be given for any of thofe purpofes
Ihall not exceed the fum of one thoufand pounds, that then, and
in fuch cafe, it fhall and may be certified to the commifiioners
of the navy as aforefaid, under the hands and feals of the faid-
commiflioners for the difcovcry of long.itude, or any fire or more
of them j but if it fhall exceed the fum of one thoufand pounds,
that then it fhall be certified by the faid commiinoneis, or the
major part of them.

VIII. Provided alfo, and it is l^reby further enaded. That
in cafe any perfon or perfons who Ihall and may have received
than thegreat- ^^Y ^^"^ ^^ ^^^^ ^^ money, by virtue of this a61, as a reward for
eft fum hereby any method of difcovering the longitude at Tea, fhall aftervvards
provided. become intitled to any of the greater rewards appointed by this
a6t, for or on account of the fame method ; thai tlien, and in
fuch cafe, fuch fum or fums of mojiey as they iha 1 or may have
received as aforefaid (hall be confidered as pa t of 'uch greater
reward, and deduded therefrom accordingly; and that no per-
fon fhall receive more in the whole for any one method for dif-
covering the longitude at fea than the greatefi: reward appointed
for fuch method by this a6t.
The comtpif- IX. And be it furtlier enacfted by the authority aforefaid. That
fioners to ad- it (}>all and may be lawful to and for the laid commilfioners for
oathforc^rry- ^^^ difcovery of longitude at fea, or the major part of them, and
ingtheaa-into ^^^Y ai'e hereby aut'aorized and impowered, for their better fatis-
cxecution. fa6lion, if they fee occafion, to adminifter an oath or oaths to
fuch perfon or perfons as they fl^iall think proper, for the pur-
pofes of carrying this a(5l into execution; which oath or oaths
it [hall and may be lawful to and for any two or more of the faid
commifiioners to adminifter accordingly; and in cafe any fuch
perfon or perfons flialhvilfully fwear falfly and -untruly, every fuch
perfon fhall be liable to, and fufFer fuch pains and penalties in-
filled by the feveral ftatiites madej and now in force, againft
ivilful perjury.

C A P/

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I774-] Anno decimo quarto Georgii III. C. 67.' ^ 425

CAP. LXVIL

An an io continue the fevered laws therein mentioned^ for granting
liberty io carry rice from his Majejlys provinces ^/Carolina and
Georgia, in America, dire^ly to any part ofY^mopQ^fouthward
cf CdLptFinidcrrQ; for granti?7g the like liberty to export rice from
;Soulh Carolina and^Gcorgh directly ^ to any part of Am tv'icz^ to
the fouthward of the [aid provinces ; for granting the like liberty
in the exportation of rice from Eaft and Weft Florida, and from
any part of Amtncdij fouthward of iouth Carolina and Georgia.

WHEREAS the laivs herein -after mentioned are near ^a*- Preamble.
piring'y may it therefore pleafe your Majefty that it may
be enadled; and be it enaded by the King's moft excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this prefent parliament affem-
bled, and by the authority of the fame, That an ad, made in
the third year of the reign of his late Majefty, intituled. An AB.%Gzo.t^
a^ for granting liberty for carrying rice from his Majsfys province of
Carolina in America, dire^ly to any part of Europe, fouthward of
cope Finifterre, in Jhips built in and beloriging to Great Britain, and
navigated according to law^ which was to be in force for five years,
from the twenty-ninth day of September^ one thoufand i^s^vi
hundred and thirty, and from thence to the epd of the then next
felTion of parliament; and alfo an adf, made in the eighth year A(5l8Geo. 1,
of the reign of his faid late Majefty, to continue the faid ad from
the expiration thereof, until the twenty-ninth day of September^
one thoufand feven hundred and forty- two, and from thence ta ^

the end of the then next feftion of parliament, and to extend that
liberty to his Majefty's province of Georgia in America \ which
faid ads, by feveral fubfequent ads made in the fifteenth, fix-
teenth, twentieth, twenty- feventb, and thirty-third years of his
faid late Majefty's reign, and in the feventh year of the reiga
his prefent Majefty, were further continued, from the expiration
thereof, until the twenty-ninth day of September^ one thoufand
{tstw hundred and feventy-four, and from thence to the end of
the then next feftion of parliament ; fliall be, and the fame is further con-
hereby further continued from the expiration thereof, to the ^^"^^^^^^11
twenty-ninth day o( September^ one thoufand feven hundred and ^ * ^^' ^^
eighty-one, and from thence to the end of the then next feflloa
of parliament.

II. And be it further enaded by the authority aforefaid. That
an ad, made in the fourth year of his prefent Majefty's reio-n, A<5l4.Geo. j*
intituled, An a5l for granting^ for a limited time^ a liberty to carry
rice from his Majefty s provinces of South Carolina and Georgia,
direhly to any part of America to the fouthward of the faid provinces^
fubjeol to the like duty as is now paid on the exportation of rice from -
the faid colonies to places in Europe fituated to the fouthward of Cape
Finifterre, which was to continue in force for five years, from the
twenty-fourth day of June^ one thoufand leven hundred and
iixty-fourj and from thence to the end of the then next feffion of

Ff4 par-

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4^6 Anno decimo quarto Georgii IIL c.68/ [1774;

^A'ST" ^f'^I-'T^'JV/"^. '^'"^ " ^'^"^^ ^^ ^" ^^> paired in the fifth year

ot his iaid Majelly's reign, which gave liberty to export rice from

^/orlb Carohna^^ in the fame manner, and tinder the like entries,

lecurities, reftriaions, regulations, limitations, duties, penalties,

and forfeitures, as were enacted by the fald ad, made in the fourth

year of his prefent Majefty's reign, with refped to carrying rice

to South Carolina and Georgia^ which have continuance untd the

twenty-fourth day of Jujie^ one thoufand kvtn hundred and

m[ed '* n"*'* Teventy-four, and from thence to the end of the then next feiTioa

June "4, 1781, P^ P^i-Jiai^ent, (hall be, and the fame are hereby further conti-

- nued, from the expiration thereof, until the twenty-fourth day of

June^ one thoufand feven hundred and eighty-one, and from

thence to the end of the then next feffion of parliament.

III. And be it further enacted by the authority aforefaid. That
Aa 10 Geo- 3. an aa, made in the tenth year of the reign of his prefent Majefty,
intituled, An aB for extending like liberty in the exportation of rice.
from Eaft tf;;J Well: Florida to the fouthward (9/Cape Finifterre ;;2
Europe, as is granted by former ads of parliament to Carolina and
Georgia^ which was to continue in force from the firft day of ^«.
gujl^ one thoufand feven hundred and feventy, until the twenty-
ninth d^Lyof September^ one thoufand feven hundred and feventy-
four, and from thence to the end of the then next fefhon of par-
liament; and which aa was amended by an aa, made in the ele^
furtbei- conti- venth year of the reign of his faid Majefty, (hall be, and the fame
r.ued till Sept. are hereby further continued, fron^ the expiration thereof, until
»9* V5I. the twenty-ninth day of September, one thoufand feven hundred

and eiglity-one, and from thence to the epd of the then next fef*
fioa of parliament.

CAP, LXVIII.

jin a5i to prevent frauds in the buying and felling of hops.

Preamble, . "TTT^ E R E A S divers frauds are praclifed in the packing or

VV bagging of hops ; for remedy whereof, may it pleafe your

Majefty that it may be enaaed ; and be it enadled by the King's

rnofi: excellent piajefty, by and with the advice and confent of

the lords fpiritual and temporal, and commons, in this prefent

0<licers to parliament nfTembled, and by the authority of the fame. That

ueighthe from and after the paffing of this aa, when any officer of ex-

b3gs for hops ^jj-g ^3ji attend for the purpofe of bagging any hops purfuant

51%" every ^^ '^^^^ direclions of an aa, palled in the ninth year of the reign

ii.^iea 5 of Queen An-ne, (intituled, An ati for laying a duty on hops^) fuch

officer ft-iall, upon pain of forfeiting for every neglea the fum of

five pounds, weigh the bags or pockets intended by the planters,

growers, or owners of the hops tD be ufed for the bagging there-

snri (hall, he- of; and fhall, before the hops fhall be put therein, mark, or

t re hops be caufe to be marked, on the outfide of each fuch bag or pocket,

pi=t tlierein, j^^ ^j^-j^ ^^^j le2;ible letters or charaaers, with ink or paint, the

cl-lfide the'"^ ^I'^e weight, or^tare thereof; and that the excife officer (haii alfo

V eight theie- mark, or caufe to be marked, on each fuch bag or pocket, in

o^ the plant- maimer a fo re fa id, the planter or planters name or names, in full

ej\. Dariui ' ■ • , ■ iength.

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1 774-] Anno decimo quarto GeoJIGH HI. c. 68, 427

length, and the place of his or their abode^ together with the and when fuclt
date of the year in which fuch hops were grown; and if any ^^P^^^"*^
excife officer fhall put his mark of the weight of the hops upon ^
any bag, before fuch bag, and hops therein contained, (hall have
been weighed by him, he (hall, for each offence, forfeit the fufn
of fprty /hillings. •

IL And it is hereby declared. That the marks of the excife Officers marks
officer, hereby direded to be made, ihall be proof fufficient that ^^^^^^^^^^
the planter, grower, or owner of hops^ has conformed to the ^
diredions of this a6t.

III. And be it further enaded by the authority aforefaid, That ^^"^^^^^^ ^^
;all penalties and forfeitures for offences againfl this a6t, flialJ, ^^^^^f^^^/
upon information and proof of the offences refpeftively, before {^\q of ofFenr
^ny one juliice of the peace for the county or place where the der's goods;
offence (hall be difcovered, or wherein the offender fliall be or

refide, either by the confeifion of the party or parties offending,
or by the oath of one or more witnefs or witneffes, (which oath
fuch juilice of the peace is hereby impowered and required to
adminifter without fee or reward,) be levied by diflrefs and fale
of the goods and chattels of the party or parties offending,
by warrant or warrants under the hand and feal of fuch juftice,
(which warrant or warrants fuch juftice is hereby impowered to
grant;) and the overplus, after fuch penalties and forfeitures,
and the charges of fuch diftrefs and fale, are recovered and de-
duced, fhall be returned upon demand, unto the owner or own*
ers of fuch goods and chattels ; and one half of the penalties and ?ne half to the
forfeitures, when fo paid or levied, (hall, from time to time^ be JJJg^^J^^^'^^**'**
paid to the perfon who (hall give information of any fuch of- the poor,
fence; and the other half (hall be paid to the overfeer or over-
leers of the poor of the parifh or place where the offence (hall be
committed, and applied to the ufe of the poor thereof refpe6lively.

IV. And be it further enadled. That if any perfon or perfons, Perfons forge-
fhall forge, counterfeit, alter, or wilfully obliterate any mark, by fQ^^^.^'^V^
this a6t dire6led to be put by the officers of excife upon any fuch ^^ ^ '^ *
bag or pocket; every fuch perfon fo offending, and being thereof

legally convi6\ed before a juftice of the peace, (hall be fubje6l to
^ penalty of ten pounds; to be levied, paid, and applied in man^
ner and form above direded : and in default of payment there*
of, (hall fuffer fix months imprifonment, or until he (hall have
paid the faid penalty.

V. Provided always, and it is hereby declared. That no perfon Complaint to
(hall be liable to be profecuted for any penalty for any offence ^ "*^.^^ 5^
againft this aft, unlefs complaint fhall be made thereof to fome oTnVperfoa
juftice of the peace for the county or place where the caufe of liable to be '
complaint (hall arife, or be difcovered within fix calendar months profecuted,
next after the fale of any fuch hops; any thing herein contained

to the contrary thereof notwithftanding.

VI. And be it further enaded by the authority aforefaid. That p^^jij^. ^5^^^
this a6l fhall be deemed and taken to be a public ad ; and (h^W

be jqdicially taken notice of as fucjiby all judges, julldces, and
other perfons whatfoever, without fnecially pleading the fame.

C A P.^

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425 Anno decimo quarto Georgii III. c.6g,yo. [1774;

CAP. LXIX.

An a^ for raifing a certain fumof money by loans or exchequer bills, for
the Tervice of the year one thoufand feveii hundred and feventy-four.

CAP. LXX.

j^rt Q^ for applying a certain fum of money^- for calling tri^ and ;v-
coining^ ihs deficient gold coin of this realm \ and for regulating tht
manner of receiving the fame at the bank of England ; and of tak^
ing^ there ^ an account of the deficiency of the faid coin ^ and making
fatisfa^ion for the fame ; and for authorifing all perfons to cut,
and dfface all gold coin^ that fi?all not be allowed to be current by
his Majefifs proclamation^

Preamble^ TAT" H E R E A S the gold coin of this realm has been greatly di-
V V minifhed by clippings filing-, ^nd other evil pratiice^^ particU"
larly of late years^ in violation of the laivs of this realm ; and it has
been a pra5lice to export and meli down the new and perfeSf coin^foon
after it has been iffued for private advantage^ to the great detri-^
ment of the public^ and the like pra^lite vuill continue while pieces
differing greatly^ in weight are current under the fame deno-
mination^ and at the fame rate and value : and zvhereas^ for pre^
venting the mifchiefs to which the public are expofed^ it is proper^
in the firjl place^ that all guineas weighing lefs than five penny-
iveights^ eight grains ], and all half guineas^ lueighing lefs than two
pennyweights^ fixteen grains ; aiid all quarter guineas^ weighing lefs
than one pennyvjeight^ and eight graim ; JJwuld be called in^ and re-
coined^ according to the efiablifhcd flandard of the mint^ both as to
weight ondfinenefs\ and it ts proper likewife that the jame fi)ouldbe
called in by degrees^ and as fafi as the occafwns of circulation ivill al-
low^ and as the officers of the mint are able to recoin the fame: and
whereas the lords fpiritual and temporal^ and commons^ in parliament
affembledj have^ in their addrefs^ moft humbly befought your Majefy^
That your Majefty would be gracioufiy pleafed to iffue your royal pro cla-
triation or proclamations^ and thereby appoint fuch days as to your Ma-
jefiy Jhould feem meet ^ after which the faid guineas^ half guineas , and
'quarter guineas^ fhould not be allowed in payment^ or to pafs^ except
only to the colle^ors or receivers of the public revemies^ or to fuch per-
fons as your Majcfy fhall author ife to receive and exchange the fame .\
and that your Mojefy would appoint certain other days^ after ivhich
the f aid gitineas^ half guineas ^ and quarter guineas^ floould hot be alloiv-
ed to pafs in any payment whatfoeyer^ or to be exchcinged in manner
aforejai'd; be it therefore enabled by the King's moft excellent
majefty, by and with the advice and corifent oF the lords fpiri-
tual and temporal, arid comnions, in this prefent parliament af-
Co]le6i-ors of fembled, and by the authority of the fame, That the tellers in
the revenues, the receipt of his Majefty's exchequer, and the feveral receivers
&;c. to receive general, and their deputies, and the particular receivers and col-
*dd^coin'^^^^^ jedors, and officers, who are or fhall be entrufted with the re-
^° ' ceipt or collection of his Majeiiy's revenues, impofitions, duties,

taxes, aids, or fupplies, within the kingdom of Great Britain,

Hosted by Google

I774-] Anno dccimo quarto Georgii III. c. 70. 4^29

and the vice treafurerand receiver general,.and paymafter gene-
ral, of all his Majefty's revenues in the kingdom of Ireland^ and
his or their deputy or deputies, and'the teller of the exchequer
there, and all the colledors or receivers, and other officers, who
are or (hall be intrufted with the receipt or colledlion of the
faid revenues, (hall, and by this aiSl, and they are feverally re-
quired and enjoined, to accept and take, for his Majefty's ufe,
for or upon account oi any of the faid revenues, impofitions,
duties, taxes, aids, or fupplies refpedively, during fuch time or
times as (h^ll be appointed and hmited in his Majefty's procla-
mation or proclamations, to be iflued in manner aforefaid, fuch
guineas, half guineas, and quarter guineas, being the gold coin
of this realm, at the rates they were refpedively coined, {o as the
deficiency in weight of any of them does not exceed the deficiency
at which they (hall be allowed refpedively to pafs in payment to
the faid tellers, vice treafurer, receivers or colledtors, by the
faid proclamation or proclamations.

II. And whereat the lords fp'iriiual and temporal ^nd commons.^
in parliament ajfemhled^ have^ in their faid addrefs to your Majefly^
delivered it as their opinion^ that the public do bear the lofs arifing
from the deficiency and re coinage of the faid guineas^ half -guineas^
and quarter guineas^ provided fuch deficiency doth not exceed the rates
fettled by the order of the commiffioners of your Majfifs treafury of
the twenty -third day ^/July, one thoufand feven hundred and feven^
ty-three^ and provided Juch guineas, half guineas^ and guarter-gui^ '
neas^ be offered in payment to the rece'vers or colle5lors of the publick
revenue^ or are brought to fuch per f on or perfons as f jail be authorifed
to receive and exchange the fame ^ within certain times to he appoijjted
by your Majefty's proclamation or proclamations : And zuhereas the
governor a fid company of the bank of England have confented and
'agreed to receive and exchange all the faid guineas^ half -guineas^ and
quarter- gum e as ^ that fi:all be brought to their office in London, on
condition that the deficiency of the faid monies be made good to them^ and
that they be paid the necefjary charge of melting down and ca fling the
fame into ingots^ and afjaying the fame : now-, in order that an a C--
count may be more eafily fettled^ arfd exa5lly adjujied^ for the purpofes
before mentioned^ be it further enabled by the authority aforelaui.
That the tellers of his Majefty's exchequer, and the receivers Who are to
general of the feveral revenues, impofitions, duties, taxes, aids, Jr^^v^y the
or fupplies, in Great Britain^ refident within the cities of Lon- ^'oveinor and
don '^i-\(\ fVe[lminfhr^ do, and they are hereby ftridlly enjoined company of
and required, to convey, or caufe to be conveyed, all and t'^e bank of
every the faid deficient gold coin, received or taken by them, I^^g^andj
as foon as conveniently may be, and within fourteen days after
the receipt thereof, at fartheft, to the office of the governor and
company of the bank of England^ in London^ there to be ex- there to be
changed for fuch other coin as (l^all from thenceforth be allow- ejcch.^nged for
ed to pafs in payment, and be current; and that the vice trea- ^'^(^^'^ current
furer and receiver general, and paymafter general of all his Ma- ^^^*^*
jefty's revenues in the kingdom of Ireland^ and his or their de-
puty or deputies, and teller of his Majefty's exchequer there,

doj

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43^ Anno decimo quarto Georgii III. c. 70: [1774?

do, and they are hereby ftri6lly enjoined and required, in like
manner, to convey, or caufe to be conveyed, all and every the
faid deficient gold coin received or taken by them, as foon as
conveniently nr^ay be, and within forty days after the receipt
thereof at fartheft, to the faid office of the governor and com-
pany of the bank of England^ in London^ there to be exchanged
for fuch other coin as (hall from thenceforth be allowed to pafs
in payment, and be current; and the coin which the faid tel-
lers or vice treafurer, or his or their deputy or deputies, or re-
ceivers general, Ihall receive in exchange for the faid deficient
coin, (hall be placed by them to the refpedive accounts of the
faid particular revenues, taxes, loans, or other branches to
which the deficient coin did belong, and (hall be ifTued and ap-
plied to the fame ufes and purpofes refpedlively to which the
faid deficient gold coin was appropriated, and ought to have
been iiTued and applied, without being diverted or divertible to
any other ufeor purpofe, or being mifapplied, under the penal-
ty of incurring the fame forfeitures and difabilities by the officers,
or other perfons concerned therein, as they would have incurred
for diverting or mifapplying the money of fuch taxes, revenues,
loans, or other branch<"s, in cafe the fame were not exchanged
in manner before mentioned.
Receivers ap- HL And be it further enabled by the authority aforefaid,That
pointed when all perfons who (hall be appointed by his Majefty, within the
^ remit the kingdoms of Great Britain and Ireland^ to receive and exchange
deficient com* ^j^^ ^^j^ deficient gold coin, 60^ and they are hereby refpe<5live]y
required, and ftriclly enjoined, from time to time, to remit or
fend, or caufe to be remitted or fent, all and every the faid defi-
cient coin, received or taken, or coming to their hands, accord-
ing to his Majefiy's proclamation or proclamations, as foon as
conveniently may be after the receipt thereof, to the office of the
governor and company of the bank oi England^ m London^ and
in like manner to fend, or caufe to be fent, to the faid office, the
refidue of fuch deficient coin fo by them received, if received
■within that part of Great Britain called England^ within the fpace
of twenty-one days at fartheft; and if within that part of Great
Britain called Scotland^ within the fpace of twenty-eight days at
farthed ; and if within the kingdom of Ireland^ within the (pace
of forty days at farthefl", next after the day on which his Ma-?
jef^y's faid proclamation or proclamations (hall have declared tha£
fuch monies (hall not be allowed to pafs in any payment whatfo-
ever, in order that the faid deficient coin may be exchanged by
the faid governor and company, in manner before mentioned,
for any other coin allowed from thenceforth to pafs in payment,
or be current ; and the faid governor and company, of the bank
oi England^ upon tender of any fuch deficient gold coin, by any
of the perfons before mentioned, (hall give, and they are hereby
authorifed and required to give, in exchange for fuch deficient
gold coin, any other coin from thenceforth allowed to pafs in
payment, and be current.

IV. And be it further enacted by the authority aforefaid.

That

Hosted by Google

1774*] Anno decimo quarto GeorGII III. c.yo. 43^

That it (hall and may be lawful for the faid governor and com- Examiners fo
pany of the bank of England to conftitute and appoint two or ^e appoinreJ
more perfons; which faid perfons, together with two or ^orc^y^^^^^^J*^^*
perfons, to be appointed by the lord high treafurer, or lords ^3,1)^^ and ^h©
commiflioners of his Majefty's treafury for the time being, (hall, lords of the
and they are hereby refpedively authorifed and required, «nder treafury.
the diredion of the warden, mafter, and comptroller of his
Majefty's mint, and their deputies, one of whom fhall always
be prefent, and of the governor and diredtors of the faid bank of
England, one of whom fhall always be prefent, from time to
time, to take and (late an exac^l account, as well of all the faid
deficient guineas, half guineas, and quarter guineas, then re-
maining in the bank of Englandj as of all fuch guineas, half
guineas, and quarter guineas, which (hall be received by the faid
governor and company of the bank of England, or be paid into
the faid bank, by the feveral perfons before mentioned, or by
any perfon or perfons whomfoever, and to examine whether this
fame is or are the gold coin of this realm, and not of lefs weight
than is or fhall be allowed at fuch times refpecSlively, in and by
his Majefly's faid proclamation or proclamations; and to caufe
all monies as (hall be found to be the gold coin of this realm,,
and not of lefs weight than is or Ihall be allowed as aforefaid, to *•

be exadlly numbered or told, and carefully weighed, and to fet
down and ftate an exadl account of the deficiency found therein,
and then to caufe all the faid pieces to be cut, broken, or de-
faced ; and then, with all convenient fpeed, to deliver, or caufe
to be delivered, an account and particular of all the. feveral mat-
ters aforefaid, under the hands of the perfons by and before
whom fuch account or accounts (hall be taken, to the lord high
treafurer, or lords commilTioners of his Majefty's treafury for
the time being.

V. And whereas the commons of Great Britain, in parliame?2t
ajfembledy have refolved, that a Jicm not exceeding tivo hundred and
fifty thoufand pounds, be granted to your Majefly tozvards defraying
the expence which Jhalt be incurred in calling in and recoining the faid
deficient gold coin, in purfuance of the refolutions of the houfe of com^
mom of the tenth day ofM^y, one thoufand [even hundred and f event y^
four : may it therefore pleafe your Majefly that it may be enad-
ed ; and be it enaded by the authority aforefaid. That it (hail Treafury to
and may be lawful to and for the lord high treafurer of Great iffue fuch
Britain, or lords commifiioners of his Majefty's treafury for the ^^^^ ^^ ^^^^

time being;, or any three or more of them, and he and thev is ffr^i.? ^
1 1 1 1 T 1 1 ' y ' rr 1 ^ ^ tne amount

and are hereby authorifed and required to iliue and apply, orofalldeti.

caufe to be ifTued, paid, and applied, from time to time, and as ciencie*.
they fhall fee occafion, out of the faid fum of two hundred and
fifty thoufand pounds, granted in this prefent fefTion of parlia-
ment, fuch fum and fums of money, to the governor and com-
pany of the bank oi England, as fhall appear to be the amount
of fuch deficiency and deficiencies, to be taken and flated in
manner aforefaid ; and likewife fuch fum and fums of money as
fliali appear to them to be requiute to defray all charges and

expences

Hosted by Google

432

artd towards
the expence
of recouiirg
the fame into

Anno decimo quarto Georgii IIL c. 70; [1774,
expences in melting down fuch deficient money, and caflino-
the fame into ingots, and aflaying the fame ; and alfo to ad-
vance fuch fum and fums of money as they (hall fee occafion,
from time to time, to the mafter and worker of his MajelH's
Standard ciir- mint, for and to^Aards the feveral expences to be incurred in
rent money, and about the recoinage of the fame, into the ftandard current
money of this realm; and alfo to grant a reafonable reward to
the governor and company of the bank oi England^ and to fuch
exchangers of the faid monies as his Majefly (hall appoint for
that purpofe, and to all other officers, clerks, and perfons em-
ployed in and about the feveral matters herein contained, and
to difcharge all fuch other incidental expences as fhall neceffa-
rily attend the execution of this a6t.

VI. And be it further enaded by the authority aforefaid.
That it (hall and may be lawful to and for the lord high trea-
furer, or lords commifTioners of his Majefty's treafury for the
time being, or any three or more of them, and he and they is
hereby grant- and are hereby impowered by warrant under their refpe61ive
cd) fuch fums hands, by and out of the faid fum of two hundred and fifty
thoufand pounds, to iffue, pay, and advance, fuch fum and fums
of money, as he or they, in his or their difcretion, fhall think
fit, to the vice treafurer and receiver general, and paymafter
general of all his Majefty's revenues in the kingdom oi Ireland^
and his or their deputy or deputies, or to the teller of the ex-
chequer there, or to fuch perfon or perfons a~s (hall or may be
appointed by his Majeily in Great Britain and Ireland^ for the
purpofe of exchanging, in manner before mentioned, the faid
deficient guineas, half guinea?, and quarter guineas, fo as the
faid vice treafurer and receiver general, and paymafter general,
or his or their deputy or deputies, and the faid teller of the ex-
chequer, and the perfon or perfons to be appointed as aforefaid,
firfl give fecurity, to the fatisfa6lion of the lord high treafurer,
or lords commiffioners of his Majefty's treafury for the time
being, or any three or more of them, duly to account for the
fame, and alfo for applying the fame in getting in fuch deficient
-coin as aforefaid, and for conforming himfelf and themfelves to
the rules and regulations herein-before mentioned, or fuch as
fliall be diredied by his Majefty's proclamation or proclama-
tions, to be obferved and performed concerning the receiving
and exchanging fuch deficient coin, and the payment thereof,
into the bank within the refpedive times appointed for that
purpofe.

^^ VII. And be it further ena6led by the authority aforefaid,

thorHed to cut That the tellers in the receipt of his Majefly's exchequer in
and deface Great Britain^ and the vice treafurer and receiver general, and
paymafier general of all his Majefty's revenues in the kingdom
of Ireland^ and his or their deputy or deputies, and the teller of
the exchequer there, and all receivers, colle6lor§, and other of-
ficers of all his Majefiy's revenues wherefoever, and all other
perfons whatfoever, are hereby authorifed and required to cut,
break, or deface^ or caufe to be cut, broken, or defaced, every

piece

Com million-
crs of the
treafury to
iflue (out of
150,000]

as are necel
fary to the
vice trea-
furer, &c. of
Ireland \

who are to
give fecurity
to the lords
of treafury,
for exchang-
ing and pay-
ing the fame.

Perfons au-

light gold
coin.

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1774*] Anno decimo quarto GeorGII III. c. 71. 433

piece of gold coin of this realm that fliall be tendered to them,
or any of them, in payment after fuch time and times as any
fuch piece of gold coin fhail, by virtue of any proclamation of
his Majefty in council, be declared not to be allowed to pafs in
any payment whatfoever, any law or i^atute to the contrary
thereof in any-wife notwith/landing; and the perfon tendering
the fame (hall bear the lofs ; but if any fuch piece fo cut, broic*
en, or defaced, (hall be of due weight, and appear to be lawful
money, the perfon that cut, broke, or defaced the fame, {hall
and is hereby required to take and receive the fame at the rare
it was coined for: and if any queftions or difputes fhall arifd
whether the piece fo cut be lawful coin, within the intent and
meaning of his Majefty's proclamations, it ihall be heard and
finally determined by the mayor, bailiff or bailiffs, or other chief
officer of any city or town-corporate where fuch tender (hali be
made ; and if fuch tender (hall be made out of any city or town-
corporate, then by fome juftice of the peace of the county inha-
biting or being near the place where fuch tender fhall be rtiade ;
and the faid mayor, or other chief officer and juftice of the ./

peace, (hall have full power and authority to adminifter an oath,
as he fhall fee convenient, to any perfon for determining any
queftions relating to the weight and lawful currency of the faid
piece of coin.

VIIL And be it further ena6led by the authority aforefaid, Perfons ag-
That, in all cafes where any matter or thing is by this adf en- grieved to re-
joined to be done by any of his Maielly's officers of the exche- ^/^^^ double

■ r^ . -n '. ■ T 7 J u • T damages from

quer in Great Britain or Ireland^ or by any receiver general, or ^^^£^^^1.^^.5^

any other officer of his Majefty's revenues there, and fuch offi-
cer fliali make wilful default in the performance thereof, by
which any perfon or perfons whatfoever fliall be grieved,
or fuffer any lofs or damage; then, and in every fuch cafe, the
officer or officers making fuch default (hall be liable, by virtue
of this a6t, to anfwer and pay double damages to the party
grieved or injured ; and that all penalties and forfeitures arifino-
by this a61:, in all cafes where no fpecial remedy is before ap-
pointed for recovery thereof, fhall and may be recovered by Forfeitures
adion of debt, bill, fuit, or information, in any of his Majefty's recoverable by
courts of record in Great Britain or Ireland refpedlively, wherein ^<^'on of
no elToin, protection, wager of law, or more than one impar- *
lance, (hall be granted.

CAP. LXXI.

An a5l to prevent the exportation to foreign parts of uienfth made ufe
of in the cottony linen^ woollen^ and filk vianufaClures of this
kingdom,

WHEREAS the exportation of the feveral tools or utenfih Preamble.
made ufe of in preparing^ working up^ and finifnng^ the cotton
(ind linen manufa^fures of this kingdom^ or any or eifher of them ^ or
any other goods wherein cotton and linen ^ or either of them^ are ufed^
will enable foreigners to ivork up fuch manufa^iures^ and thereby

greatly

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434 Anno decimo quarto Georgii Ilf. c.*ji. [1774:

grcaily dimimjh the exportation of the fame from this kingdom : tbere^
fore^ for peferving as much as pojjible to his Majejiys Britifli fuh-
je^s the benefits arifmg from tkofe great and valuable branches of
trade and commerce^ be it ena6led by the King's moft excellent
majefty, by and with the advice and confent of the lords fpiri-
tual and temporal, and commons, in this prefent parliannenti
After July i, affembled, and by the authority of the fame. That if at any
J774» perfons x\mQ after the firft day of July^ one thoufand fevea hundred and
or uten^h* feventy-four, any perfon or perfons, in Great Britain or Ireland^
ufed in the Ihall, upon any pretence whatfoever, load or put on board, or
cotton or li- caufe to be laden or put on board, of any fhip,, veiTel, or boat,
lien manufac- which {hall not be bound diredly to fome port or place in
de7to ex ^ort ^^^^^ Britain or Ireland^ any fuch tools or uienfils as are com-
tbe fame ^ monly ufed in, or are proper for the preparing, working up, or
fini(hing, of the cotton or hnen manufa6lures, or any or either
of them, or any other goods wherein cotton and linen, or either
of them, are ufed, or any parts or parcels of fuch tools or uten-
fils, by what name or names the fame (hall or may be called or
to forfeit all known ; the perfon or perfons fo offending fhall, for every fuch
fuch tools, &c. offence, not only forfeit and lofe all fuch tools and utenfils, or
and zoo I. ^^^^^ ^^ parcels thereof, which fhall be fo laden or put on board
as aforefaid, but alfo the fum of twq hundred pounds of lawful
money of Great Britain y to be recovered by a6lion of debt, bill,
plaint, or information, in any of his Majefty's courts of record
at Wejlminfler^ or in the court of feffion in Scotland^ or in any of
the four courts of Dublin refpedively, vv^herein no effoin, pro-
tedlion, privilege, or wager of law, fhall be allowed, or more
than one imparlance.
Officers of 11. And be it further ena6led by the authority aforefaid. That

cuftoms to from and after the faid firft day of July ^ it fhall and may be law-
& ''^ n V7rd ^^^ ^^ ^^^ ^°^ ^^y officer of his Majefty's cuftoms in Greai
iuch^\tMs^^ Britain^ and for any officer of the revenue in Ireland, to feize
and fecure, in fome or one of his Majelly's warehoufes, all fuch
tools or utenfils, or parts or parcels thereof, by this a6l prohi-
bited to be exported, as fuch officer fhall find or difcover to be
laid or put on board of any fhip, veffel, or boat, which (hall not
be bound diredly to fome port or place in Great Britain or
Ireland-, and that every officer who fl^iali feize and fecure any of
the faid tools or utenfils, or parts or parcels thereof, fhall be
whidi maybe fully and abfolutely indemnified for fo doing; and all tools and
pubiicklyfoldj ^jgj^^jg^ or parts or parcels thereof, fo feized and fecured as
aforefaid, fhall, after condemnation thereof in due courfe of law,
one moiety to be publickly fold to the befl bidder, and one moiety of the pro-
hjs Majefty, (j^ce arifing by the fale of fuch tools and utenfils fhall be to the
and the other ^^^ ^^ ^lis Majefty, his heirs and fucceffors, and the other
totheothcer. ^^j ^^ ^j^^ ^^^^^ ^^^^ q^^II feize and fecure the fame as
Mafter of a r ^'^

{hio permit- aforelaid. ^

ting fuch III. And be it further enacled by the authority aforefaid^

tools or uten- That, from and after the faid firfl day of July, if the captain or,
fils to be ex- j^^f^^gr of any fhip, vefTel, or boat, in Great Britain or Ireland^

^Z^^\lT ^3ll knowingly permit any tools or utenfils, by this afl prohi^
leits 200 1. bited

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1774-1 Anno decimo quarto GeoRGII IIL c. ;][. ^ 435

bited to be exported as aforefaid, to be put on board hh faid
IhLp, veffel, or boat, every fuch captain or mafter fhall, for every
fuch offence, forfeit the futn of two hundred pounds of lawful
money of Great Britain; to be fued for and recovered in fuch
manner as the penalties by this ad upon perfons exporting the
faid tools and utenfils are to be fued for and recovered : and it and if the (h]p
the faid fhip, veffel, or boat, belongs to his Majefty, his heirs or ^J^g ^e''
fucceflbrs, then the captain or mafter thereof ihaJl not only for- captain for-
feit the fum of two hundred pounds, to be fued for and recover- feits zool.
ed as aforefaid, but (hall alfo forfeit his employment, and be in- and his corn-
capable of any office or employment under his Majefty, his raiffion.
heirs or fucceflbrs.

IV, And be it further enacSled by the authority aforefaid. Officer of cu-
That if any cuftomer, comptroller, furveyor, fearcher, waiter, f^'^^^^^^^^J^'^
or other officer of the cuftoms in Great Britain, or any ofncer ^^^^^ ^/^^^.^
of the revenue in /r^&«i, ftiall take, or knowingly or willingly prohibited
fuffer to be taken, any entry outward, or ftiall fign any cocker, utenfils. to
warrant, or fufferance, for the (hipping or exporting of any ^^ ^^'l^'^-^^^^^
the faid tools or utenfils by this acl prohibited to be exported, ^nanisum ,
or (hall knowingly or willingly permit or fuffer the fame to be

done, directly or indire^ly, contrary to the true intent and
meaning of this a6l, every fuch cuftomer, comptroller, furveyor,
fearcher, waiter, or other officer of the cuftoms of Great Britain^
or officer of the revenue in Ireland, (hall, for every fuch offence,
forfeit the fum of two hundred pounds of lawful money of
Great Britain, to be fued for and recovered, as aforefaid, and
fhall alfo forfeit his office, and be incapable of holding any
o^.Qt or employment under his Majefty, his heirs or fuc-
cciTors.

V. And be it further ena6ted by the authority aforefaid. Any perfon
That if any perfon or perfons, from and after the faid firft day colleamgfacli
of July, ftiall collea, obtain, or have, in his, her, or their ^^^^^^^^^^^^
cuftody or poffeffion any fuch tools or implements as aforefaid, ^^^^^ ^ocx-
or any tools or implements ufed inthe woollen or filk manu- port the fame,
fa6lures of this kingdom, or any parts or parcels thereof, and on complaint
complaint ftiall be made upon the oath of one or more credible of witnelTes,
witnefs or witneffes before any juftice or juftices of the peace,

that there is reafqn to believe that fuch perfon or perfons have
or hath colleded, obtained, or got into his, her, or their cuftody
or poffeffion, fuch tools or implements as aforefaid, or parts or
parcels thereof, with intent to export the fame to fome other
port or place than Great Britain or Ireland-, then, and in fuch juftices may
cafe, it ftiall and may be lawful to and for the juftice or juftices grant wa*'-
of the peace, unto whom fuch complaint ftiall be made, to iffue [^^^ ^l^T^^
his warrant or warrants, not only to feize all fuch tools or im- perfoiij
plements, and parts or parcels thereof, but alfo to bring the per-
fon and perfons fo complained of before him or them, or fome
other of his Majefty's juftices of the peace for the fame county,
riding, divifion, or city ; and if, when fuch perfon or perfons
Ihall be fo brought before fuch juftice or juftices, he^ fhe, or
they, ftiall not give fuch an account of the ufe or purpofe to
Vol. XXX. Gg which

Hosted by Google

43^

and if not able
to give a fatis-
faftory ac-
count of the
ufe of luch
utenfils,

^uft'ices, for
want of pro-
per fccurity,
may commit
the offender :

and in cafe
fuch perionbe
convi6led at
any affize, &c.
he Ihall lofe all
fuch utenfils,
and forfeit

200 1.

One moiety
oi forfeitures
to go to his
Majeity, and
the other to
theprofecutor,

Limitation of
a^tion^.

General i/Tue,

Treble coils.

Anno decimo quarto Georgii III. c. 71. [1774,

which fuch tools or utenfils, or parts or parcels thereof, are in-
tended to be appropriated, as (hall be fatisfadory to the juftice
or juftices before whom he, (he, or they, (hall be brought as
aforefaid, theti, and in fuch cafe, it (hall and may be lawful to
and for fuch juftice or juftices, not only to caufe all fuch tools
or utenlils, or parts or parcels thereof, which (hall have been
feifed as aforefaid, to be detained, but alfo to bind the perfon or
perfons fo charged to appear at the next a(rizes, general gaol
delivery, or quarter feflions of the peace for the county, city,
riding, or divifion, where fuch offence (hall be committed, with
reafonable fureties for his, her, or their appearance ; and in cafe
fuch perfon or perlons (hall refufe or negle6l to give fuch fecu-
rity, then, and in fuch cafe, it (hall and may be lawful to and
for fuch juftice and juftices to commit the perfon or perfons fo
refufing to the county gaol, there to be kept until the next
aftizes, or next quarter feffions of the county, city, riding, or
divifion, where fuch commitment (hall be, at the eledion of
fuch juftice of the peace, and until he, (he, or they, (hall be de-
livered by due courfe of law: and in cafe any fuch perfon or
perfons (hall be convi6led upon any indi6tment or information
againft him, her, or them, at fuch a(rize or general gaol deli-
very, or quarter fefTions of the peace as aforefaid, of collediing,
obtaining, or getting into his, her, or their cuftody or pofTefTion,
fuch tools or utenfils, or parts or parcels thereof, with fuch in-
tent as aforefaid ; then, and in fuch cafe, the perfon or perfons
fo offending, fhall, for every fuch offence, not only forfeit and
lofe all fuch tools and utenfils, and parts and parcels thereof,
which (hall be fo feized and detained, but alfo the fum of two
hundred pounds of lawful money q( Great Britain \ to be reco-
vered by action of debt,, bill, plaint, or information, in any of
his Majefty's courts of record at Wejlminfter^ or in the court of
feffion in Scotland^ or in any of the four courts at Dublin refpec-
tively, wherein no efToin, prote6lion, privilege, wager of law, or
more than one imparlance, (hall be allowed.

VL And be it further enaded by the authority aforefaid. That
one moiety of the refpe6tive forfeitures by this ad inflided up-
on offenders againft the fame, fhall, when recovered, go and be
applied to the ufe of his Majefty, his heirs and fucceflbrs, and
, the other moiety to the ufe of the perfon or perfons who (hall
fue and profecute for the fame refpedively.

VII. And be it further enabled by the authority aforefaid,
That if any fuit or a6\ion fhall be commenced againft any per-
fon for what he (hall do in purfuance of this ad, fuch adion
(hall be commenced within fix months after the fad commit-
ted •, and the perfon, fo fued, may file common bail, or enter a
common appearance, and plead the general iflue, not guilty ;
and may give this ad, and the fpecial matter, in evidence ; and
if the plaintiff or -profecutor (hall become nonfuit, br fuffer dif-
continuance, or if a verdid pafs againft him or her, or if upofi
demurrer, judgement be given againft the plaintiff, the defend-
ant (hall recover treble cofts,

e A p.

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1774'] Anrio dedtho quarto Georgii III. c. 72. <^^y

CAP. LXXII.

jin d^ for dfcertaining the duty on printed^ painted^ Jlalned^ or died
Jiuffsy wholly made of cdttdn^ and manufa^ured in Great Britain^
end for allowing the ufe and ivear thereof ^ under certain regu-
lations,

WHEREAS a new manufaBure of fluffs^ wholly made ^y Preamble^
raw cdtton wool^^ [chiefly imported from the Britirti planta-
tions^) hath been lately fet up tvithin this kingdom^ in which manu-
fa5liire many hundreds of poor perfom are employed : and whereas the
ufe and wear of printed^ painted^ ftained^ or dyed fluffs^ wholly made
if cotton i and manufa^ured in Great Britain, ought to be allowed
•tinder proper regulations : and whereas doubts have arifen whether
the f did neto-manufa^ured fluff's ought to be confldered as ccllicoeSy
'and as fuchy if printed.^ painted^ fiained^ or dyed with any colour or
Ulours^ [fuch as Jhall be dyed throughout of one colour only excepted^ )
liable to the inland or excife duties laid on callicoes^ when printed^
f>ainted^fiained^ or dyed^ with any colour or colours^ [except as afore-
faid^) by the flatutes made^ and noiu in force ^ Concerning the fame
and whether the wearing or ufe of the faid new-manufa5iured fluffs^
when the fame are printed^ painted^ flained^ or dyed^ are not prohi-
bited by an a^^ paffed in the five nth year of the reign of his late
fnajefly King George the Firfl^ intituled^ An a(5t to preferve and A6t y Geo. t,
encourage the woollen and (ilk manufactures of this kingdom,
and for more efFedual employing the poor, by prohibiting the
ufe and wear of all printed, painted, ftairicd, or dyed callicoes,
in apparel, houfehold ftuff, furniture, or otherwife, after the
twenty-fifth day of December^ one thoufand (cM^n. hundred and
twenty- two, [except as therein is excepted :) for obviating all fuch
doubts for the future, may it pleafe your moft excellent Majefty
that it may be enadled.; and be it enadled by the King's moft
excellent majefty, by and with the advice and confent of the
Idrds fpiritual and temporal, and commons, in this prefent
parliament aiTembled, and by the authority of the fame. That No higher
no greater or higher duty than three-pence for every yard in duty than
length, reckoning yard wide, and after that rate for a greater or 3^- *?r every
lelTer quantity, (hall be impofed, raifed, levied, colleded, or [^^^^^^{1^ ^^^
paid, unto and for the ufe bf his Majefty, his heirs and fuccef- wide, to be
fors, on the faid new-manufadlured ftufFs, wholly made of levied on the
cotton fpun in Great Britain^ when printed, fl:ained, painted, or new-manufao
dyed, with any colour or colours. ^ ^^^^^ ^^^'•

IL And be it further enaded by the authority aforefaid, That All perfons
It (hall and may be lawful for any perfon or perfons to ufe or n^^y wear and
wear, within the kingdom of Great Britainy either as apparel, ^^^ tbe faitie,
houfehold ftuff, furniture, or otherwife, any new- manufactured
(luffs, wholly made of cotton fpun in Great Britain^ when print-
ed, ftained, painted, or dyed, with any colour or colours ; any
thing in the faid recited a6l of the feventh year of the jeign of
his late majefty King George the Firft, or any other ad or
ads of parliament to the contrary hereof in any-wiCe notwith-
ftanding.

G g Q III. ltd

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43^ Anno decimo quarto Georgii III. c. 72, [1774;

Marks, to HI. jind^ to the end it may be known ihat fuch Jiuffs were manu-

kno-Yhat faHured in Great Britain, be it further enaaed, That in each
I'J^fmanufac- P^^^^ ^^ ^^^^ ^^^^ new-manufaaured ftufFs, wholly made of
tuted inBri- cotton wool, fpun in Great Britain, there (hall be wove in the
tain, to be warp, in both felvages, through the whole length thereof, three
wove in the blue ftripes, each ftripe of one thread only; the firft of which
^^^■P* faid ftripes ihall be the firft or outermoft thread of the warp of

each felvage ; the fecond of which faid flripes fliall be the third
thread ; and the third of which faid ftripes (hall be the fifth
thread of the warp from each felvage ; and that each piece of
the fame ftuifs, when printed, f\ained, painted, or dyed, ia
England^ Wales^ or Berzuic} upon Tweedy be ftamped at each end
with a ftamp, to be provided for that purpofe, by the commif-
fioncrs of excife in England ^ov the time being, or by the officers
employed or to be employed under them, and inflead of the
word Callico^ which {lands for foreign callicoes each piece be
marked with the words, Britijh Mamifa^lory, and that each
piece of the fame ftuffs, when printed, ftained, painted, or dyed,
in Scotland^ be ftamped at each end with a ftamp, to be provid-
ed for that purpofe by the commifTioners of excife in Scotland for
the time being, or by the officers employed or to be employed
under them, and inftead of the word Callico^ which ftands
for foreign callicoes, each piece be marked with the words, ..
Britijh Manufactory.
Perfons ex- IV. And be it further enaaed by the authority aforefaid, That

fa^e w^ith^out^^ if any perfon or perfons, body or bodies corporate, (hall expofe,
the markT ^^ ^^'^^^ ^^ ^^ expofed to fale, or have in his, her, or their
cuftody or poffefTion, in Great Britaiji^ "s^ny fluffs wholly made
of cotton, and printed, painted, ftained, or dyed, (muflins,
rteckcloths, and fuftians excepted,) wherein ftiall not be woven
in the warp, in both felvages, only through the whole length
(unlefsfor of each piece three blue ftripes, (unlefs for exportation,) then
exportation,) fuch perfon or perfons, body or bodies corporate fo offending,
(hall-forfeit (hall not only forfeit all and every fuch laft-mentioned ftufFs fo
the itufFs, expofed, or caufed to be expofed to fale, or which fhall be in
every piece! ^^^' ^^^' ^^ ^^^^^ cuftody or pofTeflion, but (hall alfo forfeit for
every piece thereof the fum of fifty pounds ; to be recovered and
Exception. divided in manner herein-after mentioned ; fave only fuch ftufFs
as are wholly made of cotton wool, and which have been, or
fhall be, manufa^ured m Great Britain^ and which (hall be
marked or ftamped on or before the feventeenth day of AuguJI^
one thoufand feven hundred and feventy-four, by fome officer
to be appointed by the commiftioners of excife; all which laft-
mentioned ftuffs, fo manufadured and marked or ftamped, it
fhall and maybe lawful to expofe, or caufe to be expofed to
fale, or for any perfon or perfons, body or bodies corporate, to
have in his, her, or their cuftody or pofTeffion ; any thing ia
this aa contained to the contrary thereof in any- wife notwith-
ftanding.
^e'^ror'''^" V. Provided always, That nothing in this aacontained (hall

fuftVans ex- extend to cotton velvets, velvercts, or other fuftians,, manu-
cepted. faaured iu Gr^at Britain.

VL And

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I774'] Anno dccimo quarto Georgii III. c. 72. 439

VI. And be it further enacled by the authority aforefaid, No fature
That none of the penalties in the faid recited a6i:, whiph may recovery of
have been incurred for the wearing or ufing any fort of the faid belnacfe by
ncw-manufadtured ftufFs, wholly made of cotton woof, fpun in virtue of adt
Great Britain^ and printed, painted, ftained, or dyed, within the 7 Geo^ i,
kingdom as aforefaid, fhall be recovered or levied, unlefs fome
profecution for the fame hath been already commenced, and
judgement already obtained thereupon ; any thing in the faid -
recited a6l contained to the contrary hereof in any- wife notwith-
ftanding.

VIL And be it further ena6ted by the authority aforefaid, Duty to be le-
That the faid duty of three-pence for every yard in .length, vied in Eng-
reckoning yard wide, and after that rate for a greater or lefTer ^o^Jn^niVon-
quantity, to beimpofed, raifed, levied, colIe<^ed, and paid, upon ers of excife,
the faid new-manufadured ftufFs wholly made of cotton, fpua
in Great Britain^ when printed, ftained, painted, or dyed, in
England^ Wales^ or Berwick upon Tweedy (hM be under the ma-
nagement of the commiffioners of excife in England for the time
being, and the officers employed, or to be employed, under
then); and that the faid duty upon the fame ftuffs, when and by the
printed, ftained, painted, or dyed, in Scotland^ ftiall be under the J^^^ commif-
management of the commiflioners of excife in Scotland for ^^"^^ scotla^ cT-
time being, and the officers to be employed under them ; and - 1 b * 'd
that the faid refpedive commiffioqers of excife in England and \^^q ^^^ j.g.
Scotland for the time beings ftiall, from time to time, pay, orceiptofex-
caufe to be paid, all the monies that they fhall refpe6tively re- chequer,
ceive for the faid duty of three-pence for every fuch yard as
aforefaid, upon the fame ftufFs, when printed, ftained, painted,
or dyed, as the fame fhall arife into the receipt of his Majefty's
exchequer in England^ under the like penalties, forfeitures, and
difabilities as are, to be inflicted under or by virtue of any a6l,
ftatute, or law made, and now in force, for diverting or mif-
applying any monies by any fuch ad, ftatute, or law, appropri-
ated or appointed for any the purpofes. therein expreffed.

VIII. And be it further enacted by the authority aforefaid, CommifTion-
That the refpedive commiffioners to be appointed for manag- ers to provide
ing the faid duty upon the faid new-manufa6tured cotton ftufFs, P^^^"^ ^"^^J^
when printed, ftaineft, painted, or dyed, in Great Britain^ as fore^'uly^c
aforefaid, (hall, on or before the fifth day of Jtdy^ one thouf^nd 1774.,
feven hundred and feventy-four, provide proper feals or ftamps,
for marking fuch of the faid new-manufa6tured cotton flufFs to
be printed, ftained, painted or dyed, in Great Britain^ as afore-
faid, as are to be flamped and marked, for and in order to the
charging of the faid duty for the fame ; and (hall caufe the faid
feals or ftamps to be diftributed to the refpedive officers, for the
feveral purpofes before mentioned ; which officers are hereby
enjoined and required, in ufing the fame, to do as little hurt or
damage as may be to the ftuffs to be fo marked or ftamped :
and the faid refpedive commiiTioners, in providing the faid rc-
fpedive feals or ftamps, fhall take care that they be fo contrived
that the imprefTion thereof may be durable, and fo as the fame

G g 3 may

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44C> Anno dedmo quarto GeoRgii III. G.72. [1774,

which ma,y be njay be leaft liable to be forged or counterfeited ; and th^t the

reiiewed. faid feals or ftamps, or any of thepi, (hall or n>ay be allowed or

renewed, from tinie to time, 5s his Majefty, his. heirs or fuccef-

Perfons coun- fors, fliall think fit : and if any p^rfon or perfons whomfoever

ftlmprtofuf- j'"' "' f y ^'"^^ ?' '!!r'' ^T^f^^'' counterfeit or forge any
fer death. ^^f^P ^^ ^^^U ^o relen^ble any Itamp or leal wriich fhajl be pro-
vided or mad^ in purfuance pf this a6l, or (hall counterfeit or
refemble the impreffion of the fame upon any of the ftufFs
chargeable by this 361, thereby to defraud his Majefty, his heirs
or fucceflbrs, of the faid duty thereupon to be chargeable o^:
payable in refpedl thereof, then every fuch perfo|i fo offending,
and being thereof convi6ted in due form of law, (hall be adjqdg,
ed a felon, and fhali fuffer d^ath as in cafes of felopy, without
benefit of clergy.
Perfons im- IX. And be it further enafted by the authority aforefaid,

porting ^LJch That if any perfon or perfons, body or bodies corporate, fliall
teit fuc°h, and ^"^P^rt or bring into Great Britain, or into any porr, harbour,
jol. for every haven, or creek thereof, any callicoes, muilins, or any other
piece." goods or fluffs whatfoever made of linen yarn only, or of linea

yarn and cotton wool mixed, or made wholly of cotton wool,
wherein (hall be wove in the warp in either or both felvages
only, through the whole or any part of the length of each piece,
one or more blue flripe or ftripes of one or more thread or
threads; fuch perfon or perfons, body or bodies corporate, fliall
not only forfeit and lofe all and every fuch callicoes, muflins,
goods, or fluffs, which ftiaU be fo imported or brought into
'Great Britain, or into any port, harbour, haven, or creek there-
of, but (hall alfo forfeit the fum of ten pounds for each piece
thereof; to be recovered and applied in manner herein-after
mentipned.
perfons felling X. And be it further enabled by the authority aforefaid. That
counterfeited jf ^j^y perfon or perfons (hall, at any time or times hereafter,
-de^^ fell any printed, painted, ftained, or dyed fluffs, wholly made of

cotton, with a counterfeit flamp thereon, knowing the fame to
be counterfeited, and with an intent to defraud his Majefty, his
heirs or fucceffors, all and every fuch offender and offenders,
their aiders, abettors, and affiftants, being thereof convided in
due form of law, (halL be adjudged a f^lon, and ftiall fuffer
death as in cafes of felony, without benefit of clergy,
tlponinfor- XL And be it further enadted by the authority aforefaid,

mationof un- That at any time or times hereafter, upon oath made by any
ftampedftulFs credible perfon or perfons, that be, (he, or they, have reafon to
cuft(xly"of any ^^^P^^ o^ believe that any printed, painted, ftained, or dyed
draper j fluffs, wholly made of cotton, for which a duty ought to have

been paid or charged, as aforefaid, are or fhall be in the cuftody
or poffeffion of any draper, or other perfon or perfons trading or
dealing therein, or for any perfon or perfons for the ufe or ac-
count of fuch draper or other trader or dealer for fale, without
having thereupon fuch marks or ftamps as are by this ad requir-
ed to denote the payment, or charging of the faid duties there-
upon 5 it (hall and may be lav^'ful to and for the commiffioncrs

who

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1774'] Anno decimo quarto Georgii HI. C.72. 44'

who fhall be appointed for the duties upon filk, callicoes, Commiflion-

linens, or fluffs, printed, ftained, painted, or dye4 in Gr^^/ ers, or two

Britaw, or the major part of them, within the limits of the 1^"^^^'^^^^^^

weekly bills of morrality, or any two juftices pf the peace m any ^^ ^^ f^^^ed.

other parts of the kingdom of Great Britain^ from time to time,

to ifiue their refpedive warrants or ordtrs^ thereby authorifmg

and requiring any officer or officers for the fame duties, (with

the affiftance of a.conftable, or other officer of the peace) in

the d§y-time, to fearch for the fame, and to open doors, trunks,

chefts, and package, and to feize fuch goods, and, to bring them

to the office for the faid duties, next to the place where they

(hall be fo feized, in order to a further proceeding thereupon,

according to this a6t; and that every fuch warrant and order

fhall and may be obeyed and executed accordingly.

XII. And be it further enaded by the authority aforefaid, one moiety
That one moiety of the penalties and forfeitures, which fliall be oFtbe peqal-
incurred as aforefaid, (hall be to the ufe of his Majefty, his heirs ^^^s^^o the ^^^
and fucceffors, and the other moiety to the ufe of fuch perfon or j^^-jJ^J'to the
perfons, who (hall inform or fue for the fame, by adlion of debt, informer,
bill, plaint, or information, in any of his Majefty's courts of re-
cord at Wejlrninjler^ or in the court of exchequer in Scotlandy

wherein no eflbin, protection, or wager ih law, or more than
one imparlance, (hall be allowed ; fuch information or informa-
tions, to be entered, filed, and profecuted in the name of his
Majefty's attorney general, or in the name or names of fome
officer or officers of his Majefty's revenue of the cuftoms or ex-
cife, according to the true intent and meaning of an a6t, pafTed
in the twelfth year of the reign of his late majefty King George
the Firft, intituled, Afi aB for the improvement of hh Majefy^s re--
vermes of cujioms^ excife^ and inland duties,

XIII. And be it further enaded by the authority aforefaid, Powers, rules.
That all and every the powers, diredlions, rules, penalties, for* and penalties
feitures, claufes, matters and things, which in and by any acl, now in force,
ftatute, or law madey and now in force, relating to his Majefty's |" Jf [^ ^^
revenue of excife, are provided and eftablifhed for managing, ufed' relative
raifing, levying, colIe6ling, mitigating, or recovering, adjudging, to this a6l,
or afcert^ining the excife or inland duty or duties, for and upon

any callicoes or fluffs whatfoever, when printed, ftained, paint-
ed, or dyed, with any colour or colours, within the kingdom of
Great Britain^ (hall be pra<Stifed, ufed, and put in execution, in
and for the managing, railing, levying, colledling, mitigating,
recovering, and paying the faid duty of three-pence for every
fuch yard as aforefaid, upon the faid new-manufa6tured fluffs,
as fully and effedtually as if all and every the faid powers, rules,
diredions, penalties, forfeitures, claufes, matters, and things,
were particularly repeated and re-epa<3ed in the body of this
prefent a<^. t> r ^ *t

XIV. And be it further ena^ed and declared by the autbo. aXbdng
rity aforefaid, That if any queflion fliall arife, whether any of manufaaured
the faid new- manufactured fluffs, wholly made of cotton, h^ve in Britain to
been manufadturec} in Great Britaitu the proof of their bavinp; ^*^ ^" ^^^

G§4. been "'*"*'■'

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442 Anno decimo quarto Georgii III. c. 73. [^774.

been manufaaured in Great Britain (haJl lie' upon the dwiier or
owners of ftjch fluffs, and not upon the profecutdf 3 a^riy law
ufage, or cuftom to the contrary notwithftandirig. '

C A P. LXXIII.

An aB to extend fo much of an a 51^ pojfed in the tiOeJfth year of the^
reign of his prefent Majefty^ as relates to dipUers or makers of low
^^ wines and fpirits from corn^ to every kind of difiiller \ and for the

more effe^ual fecuring the revenue of excife^ arifng from low
wines and fpirits ; and for afcertaining the allowance to be made
to the,7nanufa^urcsofvjooland linen^ in refpe5i of the duties on
foap imported and ufedjn the woollen and linen manufa^ures^

Preamble. W/" K E R E A S by an a5f^ pdfftd in the tivelfth year of the
AaiiGeo.3. ^^ ^^^g^'^ of his prefent Majefy^ intituled^ An a6l for the more
recited. effediual preventing of frauds in the revenue of excife, with re-

fpe6t to tea, foap, low wines, and fpirits, it was^ amongfl other
things, ena^ed^ That the ftills and utenfis of diflillers and makers of
low zvines and fpirits from corn or grain JhoUld he fecured by locks and
fofienings^ as in and by the faid recited a5l is provided \ which prO"
vifton has been found advantageous to the fair trader and the revenue ^
and the extending the like powers and regulations to all diflillers of
low wines and fpirits for fale^ from whatever n\aterials fuch low
wines and fpirits JJoall or may be draivn^ is likely to produce ihe fame
good effect \ beit therefore enabled by the King's ^moft excellent
rnajeffy, by and with the advice and confent of the lords fpiri-
tual and temporal, and commons, in this prefent parliament
After Jure 44, aflembled, and by the authority of the fame^ That fronk and
3774., \o far after the twenty-fourth day of June^ one thoufand {Htn htjjrldred
dift]ll-*r f^ ^"^ feventy-four, the faid recited ad, arid every claUfej matter,
']ovi' v^'^iae. ^'^^ thing therein contained, fo far" as relates to diflillers and
hereby <L niakcrs of low wines and fpirits from cohi or grain, (other than
enadted, fuch as are hereby altered, amended, or enlarged,) fliall be, and

are hereby re-ena(5ted and declared to e^etend to all and every
diftiller and maker of low wines and fpirits, redifiers and com-
pounders of fpirits, from whatfoever material or materials, pre-
paration or preparations, the fame loW wines or fpirits fhall be
extraded, drawn, made, redified, or compounded.
After June 24., ^I' And^ for the better remedying the evils which the faid recited
J 7 74, d)ftil- aci zvas intended to prevent^ and for rendering the provifons thereof
lers to have jj^q^-^ efft^ual^ be ft further enaded by the authority afortjfaid,
their fhlls of 'pj^^^ fj-Qprj g^^] after the faid twenty-fourth day of June, one
fions meiiti- thoufand leven hundred and ievcnty-four, no dittilJer or maker
oncd 3 viz. of low wines or fpirits for fale fhall have in his, her, or their
cuftody or pofTeffion, or in the cuftody or poffeiTion of any other
perfon or perfons, in truft, or for the ufe or benefit of him, her,
or them, any ftill or ftills but of the content herein-after men-
wafh ftil! to tioned ; that is to fay, every ftill for diftilling any fort of fer-
con tain 4.00 mented worts or wafh, and commonly called The Wafh Stilly'
gallons, fhall contain at leaft four hundred gallons in the body of fuch

ftill, cxclufive of the headj and every ftill for diftilling low wines,

and

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I774'] Anno decittio quarto GEORaii III. c. 73. 441

and commonly called Vu Low Wine Stilly fhall contain in the Low itflne
body thereof, and excljafive of the head, at leaft one hundred f^^^/°^ |^''
gallons, on pain to forfeit, for every ftill containing refpe6lively ^^^(^'^ of lool.
a lefs number of gallons than as above mentroned, the fum of
one hundred pounds.

III. And be it further enaaed by the authority aforefaid, Diftillers to
That every diftiller and maker of low v^'ineS and fpirits for fale, ^^^^^^^^fj^^
and every rectifier and compounder of fpirits^ fhall, on or before ^h^ breaft of.
the faid twenty-fourth day of Jme^ one thoufahd feveil hundred 'their (tills
and feventy-four, arid every perfon who (hall thereafter fo diftii for the ufe
or make low wines or fpirits^ or (hall reflify or compound of S^"S«rsi
fpirits, fhall^ before he, (he, or they, begin fo to diftii, make,

redify, or compound, or caufe to be made (with the approba-
tion of the refpective furveyors or fupervifors ofexcife, of the
diftria or divifion in Which their workhoufes are or may be
fituate) in the breaft of every ftill by him, her, or them ufed, a
hole or opening, to the intent that the gaugers and officers of'
excife may take gauges, and famples, at the time, and in the
manner, herein-after diredted j whieh hole or opening in the which (liall not

wa(h ftill fliall not be more than five inches fquare, and fo con- -.^^ ^^^^^ ^^^
, , , r»> /• -r .1 inches fquare,

tnvedj, that the officers of excife may take a gauge or g'^^g^^ m^LwasLm,
thereof with a cork and rule^ and in every other ftill, not being &c.
a wafti ftill, the hole or opening fhail not be lefs than one inch
and half an inch in diameter, and fo contrived that the officers
may take a fample or famples from the ftill' with a phial j to be ]

drawn perpendicularly through the fame; and the faid holers or
openings fhall be locked and fecur^d in like manner, and undef
the fame rules, regulations^ and penalties, as by the faid red t^d Sunder there- ^
a& are direded for fecurlng the ftill heads, and other convey- gelations of
ances thereinto, of diftillefs and makers of low wines and fptrits ^* ^^* ^*
from corn or grain.

IV. Jndy tht more effe^uafly to prwent dlfttlkrs^ rectifier s^ and
compounders^ from working in the ahfence of the officers of excife y be

it further ena(?ied by the authority aforefaid,; That from and Di(liller8t<>
after the faid twenty-fourth day of June^ one thoufand feven^^J^ ^"^^*^"*
hundred and feventy-four, every diftiller and maker of low ^^ furnace
wines or fpirits for fale, redlifiers and compounders, fti^U, 'at door of (tills i
his, her, or their own expence, find, provide, and affix,- fuffi-
cient locks, keys, and faftenings, (to be approved of m vvriting
by and under the hands of the refped:ive furveyors of fupervifors
of excife of the divifion or diftri6t in which fuch diftiller or
maker of low wines or fpirits (hall refpe^lively refide,) to ther
furnace door of each and every ftill refpedlively by him, her, or
them, ufed ; and the officers ofexcife ft>all be permitted to lock and the of-
and fecure the faid furnace doors of each and every ftiil refpec- fibers to fecure
lively, under their furvey, at any time when fuch ftilis are not at ^^me,
work; and whenever fuch diftiller or maker of low wines or
fpirits ftiall be defirous to light a fire under fuch ftill or ftilis, and
to have the faid furnace doors op!ened, and ftiall have given no-
tice in manner as herein-after is diredted ; then, and in every and attend to
fuch cafe/ the officers of exeife Ihall attend to open the fame. open them.

V.And

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444 Anno dedmo quarto Georgii III. c. 7-. [1774.

L'^Mo Saf. \J' ^^..^^ ''' f^^^^Y' '^'.^'^ ^^ '^'' ^"^^^^^^y ^f^^^f^^^' That
fixed to the ^^^jy a»^"ier and maker of low wines or fpirits for faJe (hall,
di^barge ^^^'^> ^^^ ^"^ their own expence, find, provide, and affix,
cc>cksoi wa(h fufficient locks, ke^s, andfaftenings, to be approved of as afore-
nim,UQ. iaid, to the difcharge cock of ever wa(h ftiU, and of every low
wine ftdl, by him, her, or them, ufed; and the officers ofex-
cife (hall he permitted, if they fee caufe, to lock and fecure fuch

^,A^ '^^^''^^ ^^^^^ ^^ ^^y ^'"^^ ^^^^ ^"^h ^i^i or aills ihall be at

Diftillers re. >vork : and if any fuch diftiller or maker of low wines or fpirits,

ply a?e to''''™* ''^/^i^^^ °' coQ^pounder, (hall, after the faid twenty-fourth day
forfeit 50I. y June^ one thoufand feven huncjred and feyenty-four, pre-
fyme to ,diftil, ox to mal^e low wines or fpirits, or to redify or
compound fpirits, before he, (he, or they, (hall have caufed
fuch holes or openings to be made, with the approbation of the
furveyor or furpervifor as aforefaid, and before he, (he, or they,
ftiall have found, provided, and affixed, fufficient keys, locks,
and faftenings, to be approved of as aforefaid, to every fuch
furnace door, and to every fuch difcharge cock refpeaively to
each ftill, to him, her, or them belonging, or by him, her, or
them ufed, according to the diredions herein given, or (hall re-
fufeto pay for fuch locks, keys, and faftenings, in purfuance
of the direaions of this ad; he, (he, or they (hall, for each
offence, forfeit fifty pounds.

^n^to oD^n' ^^* -^""^ ^^ '^ ^"'*^*'^'' «naaed by the authority aforefaid,
^urn^ce doors, '^^^^ whenever any diftiller or maker of low wines or fpirits
wpon notice ^'^^"^ Corn or grain (hall be defirous to have the furnace dpor
%\^tn by di- of his, her, or their ftill or ftills unlocked, and ftiall have given
#iUef^. the like nbtice, and in the manner as by the above-recited ad

is direded to be given for opening the ftills of fuch diftillers and
makers of low wines and fpirits from corn and grain ; then,
and in avery fuch cafe, the officers of excife fhall attend to opea
ihe fame; and when any diftiller or maker of low wines or fpi-
rits from moIa(res, or other material, (not being corn or grain),
pr any redifier- or compounder of fpirits, fhall be defirous to
have the furnace or furnaces of his ftill or ftills opened, he,
fhc, or they, if within the weekly bills of mortality, (hall
twelve hours at leaft, and in other parts of Great Britain twen-
ty-four hours at leaft, before the particular hour or time of the
day or night when he, fhe, or they intend to have the fame
opened, give notice, in writing, to the officer of excife who fur-
veys his, her,. or their ftillhoufe, who, on receiving fuch no-
Wbat time tice, (hall attend accordingly : and when fuch diftiller and mak-
requifite to er of low wines or fpirits from mola(res, or other material, (not
officerrwhen^ being com or grain), ftiall be defirous to charge his, her, or
^iftmersln- ^^^^'^ "^"^^ ^^^^ ^"^ ^^^ ^\\\^^ he, ftie, or they, if within the
tend to charge weekly bills of mortality, (hall give notice, in writing, to the
their ftills. officer of excife under whofe furvey he, ftie, or they, then is or
are, four hours at leaft, or in other parts oi Great Britain^ eight
hours at leaft, of the particular hour or time of the day when
he, (he, or they, intend to charge fuch wafti ftill or wa(h ftills ;
which n^^tices for opening the furnace doors of diftillers frorn

molafles,

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17740 Anno decjtno quarto Gborgh III. c. 73, 445

molaffes, or other material, (not being corn or grain), and -alfo
for charging the wa(h ftills of fuch diftillers, (h^U be given at
the times herein mentioned ; that is to fay, from the twenty-
ninth day of September to the twenty-fifth day of Marcb^ yearly,
between the hours of feven in the morning and five in the even-^
ing; and from the twenty-fifth <||ay of March to the twenty-
ninth day of September yearly, between the hours of five
in the morning and five in the evening; and in cafe fuch
diftiller and maker of low wines or fpirits from molafles,
pr other material, (not being corn or grain), fliall not
begin to charge his, her, or their wa(h ftill at the time
mentioned in fuch notice, or within one hour after, fuch no-
tice (hall, in every cafe refpectively, be null and void; and the
diftiller and maker, in fuch cafe refpedively, (hall be obliged to
give another like notice, in writing, before the officer (hall be
gbliged to attend the charging of fuch ftill or ftills, as aforefaid.

VIL And be it further ena6led by the authority aforefaid. The number

That when and fo often as any diftiller and maker of low ^"Ij^^^l^ ^^
/» . • r r 1 n 11 • ^' ' ' ^' ^ .,u c waihbatcnes

Wines or fpirits for fale (hall give notice, m writmg, to the or- tobefignified

ficers of excife, of his intention to charge his wa(h ftill or wa(h in the notice

ftills, as by this and the faid recited a6t is direded and requir- to be given j

ed ; every fuch diftiller or maker of low wines or fpirits ftiall ex-

prefs, in fuch notice, the particular wa(hbatch and wa(hbatch£s,

from which he intends to charge his wa(h ftill or wa(h ftills,

and Qiall, in fuch notice, defcribe the nuniber and mark of

fuch wafhbatch and walhbatches; and if fuch diftiller or maker or fuch no-

' of low wines or fpirits, fhall negledt to exprefs the particular *^^^F^^*^ ^®

wafhbatch or waftibatches, with the number and mark,, every ^^^ *

fuch notice (hall be null and void ; and every fuch diftiller

or maker of low wines or fpirits (hall be obliged to give frefti

notice.

VIII. And be it further enacled by the authority aforefaid. Penalty for

That if any fuch diftiller or maker of low wines or fpirits, (hall charginp:

3t any time charge his wafti ftill, or wafti ftills from any waft\- waih iblls not
, ,"' ^ , , -11 -J J r -1 1 mentioned in.

batch or wafhbatches not particularly mentioned or delcnbed jj^gj^Qtj<,gjQQJ^

in the notice as aforefaid, or fhall difcharge from, or take out

of any ftill any feints or fpent wafti^ contrary to the diredions

of this ad ; then, and in every fuch cafe, he, file,- or they, (hall,

for each offence, forfeit the fum of one hundred pounds.

IX. And be it further enaded. That the officers of excife Officers of ex-
fliail be permitted, and they arc hereby impowered, to take ftill ^l^5"^^y ^^''^^
gauges, as w^elbof fpent wafti and feints as of the charge of the and^anfpTes of
wa(h ftill and wafh ftills, at any time or times after the ftill or the fame/
ftills are charged, and before the ftill or ftills come to work, and

to take famples of the fame at any time or times after the fl:ill
or ftills are charged, and before the ftill or ftills come to work,
and alfo after the ftill or (tills are off, paying, if demanded, af- '

ter the rate of one ftiilling and fixpence per gallon for the wa(h, paying is.6d,
and four-pence per gallon for fpent wa(h and feints fo taken: ^^^ ^^^ \s-^^^r
and if the officer, in taking fuch gauge or gauges, fample or ^^^'^^^^^^^j^/^^^^
famples, fliall difcover that any wafti has been put into any ftill, ^^^ gallon. '
^except the known wafti ftill, or into the wafli ftill, without the If any wafh

notice

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44^ Anno decimo quarto Georgii III. c. 73. [1774*

has been put notice herein mentioned and required ; or Ihall find any increafe

l\a\'can be^" ^^ ^^^^ ^'^^ ^^ ^^"^ *^^^^ ^^^^^ can be accounted for by the
accounted for, compare with the decreafe, from the walhbatch or wafhbatches
dittilier to pay particularly mentioned and exprefled in the notices to be given
double duty as above direded ; or if fuch officer, on comparing the quan-
tor the lame; tity of low wines charged with the fpent wa(h remaining in the
wa(h ftill, (hall find a greater proportion than could arife from
the quantity of wafh taken account of in the waftibatches pump-
ed into fuch wa(h ftill ; then, and in each and ev^^ry fuch cafe,
fuch increafe (hall be deemed and taken to be made from fome
wafhbatch or wafhbatches not mentioned in fuch notice, and
the officer fliall, in every fuch cafe, and he is hereby required
and direded to charge fuch diftiller or maker of low wines or
fpirits with double the duty from the prefumptive charge;
and fuch diftiller or maker of low wines or fpirits fhall
and no allow- pay fuch double duty accordingly; and no allowance (hall
&"/tobeSe' ^^ ^^^^ ^^ ^^y ^^^^ diftiller or maker of low wines or fpi-
but what"^8 ^' ^^^^> ^c>r any feints, water, or other liquor whatfoever, on any
put into ftills, pretence put into fuch wa(h ftill or wa(h ftills, but fuch as
m the view of (hall have been put into fuch ftill or ftills in the fight and view
the officer. of the proper officer of cxcife.

Iftheofficer X. And be it further enaded, That if the officer of exclfe
K^ifcovers, in (hall at any time difcover, at the ftill-houfe of any fuch diftiller
fha'n^be^^^^'^^^ maker of low wines or fpirits, re<5lifieror compounder, in any
known wafh ^^^^ or ftills, other than the known wafh ftills, any wafti put in-
fill, wa(h to or mixed with the low wines or fpirits in fuch ftill or ftills,
mixed with the every fuch diftiller or maker, redifier or compounder, ftiall for
th^Stkr^^' ^^'^^^ ^^^^ offence forfeit one hundred pounds,
to pay looL ^^' ^^^ whereas it may frequently happen^ that noiices given un-
H th f ^^^ ^^^^ dire6liom of this and of the above-recited a5t may he given by
ficer may aft ^'^^^ ^^^^ ^^^ dijliller or maker of low wines and fpirits^ re5lifier or ,
when fever al compounder^ in the fame divifwn or diJiriSi^ and each of thofe notices
notices are may exprefs the fame hour or time for the officer of excife to attend
given at one y^^ f},^ purpofes of the f aid aBs^ whereby the officers may he greatly
^"^* harrojfed^ be it further enacted by the authority aforefaid, That

if the officer of excife fhall attend at the workhoufe of any diftil-
\ ler or maker of low wines or fpirits, re<5tifer or compounder of
fpirits, according to the notice, or within one hour after the
particular hour or time mentioned in any fuch notice, it (hall
be fufficient. -

Any perfon XII. And be it further enabled by the authority aforefaid,

opening tur- That if by any means, device, or contrivance whatfoever, any
dT har^°e^' perfon (hall open any furnace door, difcharge cock, or any
cocks, &c. af. faftening on the holes or openings in the breafts of any ftill or
ter being faf- ftills, after the fame fhall have been locked or.fecured by the
tened by the officer of excife, or fhall wilfully hurt or damage any lock, or
officer forfeits q^j^^j. faftening, every fuch perfon (hall, for every fuch' offence

refpecflively, forfeit and lofe the fum of two hundred pounds.
Perfon ob- XIII. And it is hereby further enacS^ed by the authority afore-

itruaing of- f^id^ That if any perfon or perfons (liall obftrudf, hinder, or op-
ficers forfeit p^fg ^j^y ^f ^j^g fgj^j officers, in the execution of the powers
given to him by this ^Si^ the perfon or perfons offending there-
in.

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1 774-] Anno decimo quarto GlEORGll III. G. 73. 447

in^ fhall, for every fuch offence, forfeit the fum of one hundred
pounds.

XIV. And be it further ena6ted by the authority aforefaid^ Fines, forfeit
That all fines^, penalties, and forfeitures, impofed by this ad, ^"''^^^^c. hovr
Ihall be fued for, recovered, levied, or mitigated, by fuch ways, ^^ ^^ lued for,
means, and methods, as any fine^ penalty, and forfeiture, is

or may be recovered or mitigated, by any law or laws of excife,

or by a6tion of debt, bill, plaint, or information, in any of his

Majefty's courts of record at Wejlminjler^ or in the court of ex- and how to be

chequer m Scotland y and that one moiety of every fuch fine, applied.

penalty, or forfeiture, fhall be to his Majefty, his heirs and

fuccefTors, and the other moiety to him or them who fhall dif-

cover, inform, or fue for the fame. Aft 10 Annas

XV. Jnd whereas by an ^^, pajfed in the tenth year of her late recited; relate
Majejly ^een Anne, it was ena^ed^ That there Jhould beraifed^ le- ing^o impor-
w/, coUehedy and pid^ unto her Majefty^ her heirs andfucceJforSy J^^j^^^^f
for and upon all foap which at any time or times within or during {5^0.

the term of thirty- two years^ fbould be imported into the kingdom of
Great Britain, over and above all former cufloms^ or fubftdies^ the
jum of twO'pence for every pound weight avoirdupois \ and for and
upon all foap which ^ during the f aid term fiould be made within the
f aid kingdom^ the fum of one penny for every fuch pound weight avoir ^
dupois : and whereasby one other aif^ tnade in the twelfth year of the reign A61 1* Anna;
of her f aid late Majefiy^ it was ena^ed^ That the further duty of one recited, re-
penny^ for and upon every pound weight avoirdupois of fuch foap fo ^P^^l^g ^^'
to be imported or brought into this kingdom ; and the further duty ^vvho makeufe
cne half penny for every fuch poufid weight of foap to be made in the of. foap.
faid kingdom^ Jhould be raifedy levied^ colle^ed^ and paid^ for the
term of thirty-two years^ to be reckoned from the time therein men-
tioned : and whereas by the faid firfi recited a^, it being judged reafona^
hie to give an eafe or encouragement to perfons employed in making or
finijhing woollen manufactures^ it was therefore further ena^edy
That there Jhould be paid to the faid manufahurers fo much as one^
third part of the duty granted by the faid a5iy for all foap employ edy
fpenty and confumed^ in the makings finijhing ^ or preparing any
manufacture of fheep or lambs wooly upon proof thereof made ^ as in
and by the faid aCi is directed and required : and whereas by the faid
recited aCf of the twelfth of her faid late Majefly^ it ivas provided
and enaCtedy That during the continuance of the duties on foap by that
aCl granted^there Jhould be paid to all perfons who JI)ould employ j
fpendy or cofifumey any quantity of foap in any ma?mfaCfure of Jheep
cr lambs wool only^ or manufactures whereof the greateji part of the
value of the Materials Jhall he wool^ or in whitening of new linen in
the piece y upon proof thereof^ as in and by the faid laji recited aCf
is direCiedy fo much as the whole duties by the faid aCi granted : and
whereas the faid feveral above recited aCls^ and the duties^ allow-
ancesy and payments thereby granted and given ^ have been made per-
petiial : and whereas great quantities of Briti(h-???^<^^ foap have of
late been fold to the manufacturers of wool and llnen^ as and for fo^
reign foap imported into this kingdom^ a^^d fuch manufacturers having
mployedy fpenty and conjumed the faid foap fo pur chafed in the ma-
nufaClure of wool and linen ^ have applied to the proper officers of ex-
% cife

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448 Anno decimo quartd GfeoMttif ill 0,74, [1774;

cije in their fever al co]le5liom and dijiri^s for the allowance by the

f aid fever al flaiutes granted^ and have claimed payment of the duties

as for jiap import ed^ whereby the revenue has been greatly lejfened :

After 24 ]\xr\e,for remedy thereof^ be it enadled by the authority aforefaid, That

fhlltbl^plfdto^^^ ^^^^^ ^^^^ twenty.fourth day of Jun^^ on^ thoufand

every manu- ^"^^^^ hundred and feventy-fourj there (hall be paid to every

faaurer of fuch manufaauref of wool or linen, as aforefaid, fot* all foap

wool the du. employed, fpent, or confumed, by him, her, or them, in fuch

iba^ ^^^ade^[ manufadory, whether fuch foap be imported int<j, or made in

this" kingdom. ^^^^ kingdom only, fo much of the faid duties as are now patid

'for foap made in this kingdom ; any law^ ftatute. Or ufag^not-^

withftanding.

Payments to j^vi. And be it further ertaded by the Authority aforefaid,

refted by^the' '^^^^ ^^^^ ^^^^ payment (hall be made on the like proofs, and

recited aas. under the fame rUles, regulations, oaths, affirmations, pains,

and penalties, as in and by the faid above-recited ads are di-*-

re6^ed and required,

Perfons profe- XVIL And be it further enafled by the authority aforefaid,

^hT'^d^'^ ^b^ ^^'^^ ^*^"y perfon or perfons (liall be fued, molefted, or profe-

thisfa may ^ cuted for any tiling done by Virtue or in purfiiance of this a6l,

plead the ge- fuch perfon 6r perfons (hall and may plead the general iflue, and

ncral illue. give this adt, and the fpecial matter^ in evidence, in his or

their defence or defences ; and if afterwards d verdict (hall pafs:

for the defendant or defendants, or the plaintiff or plaintiffs

{hall difcontinue his or their a6lion or a6tions, or be nonfuited,

or judgement fhall be given a-gainft him, her, or them, on de*

murrer, or otherwife, then fuch defendant or defendants (hall

Treble coils, ^[zvq treble co(b awarded to him, her, or them, againft any

fuch plaintiff or plaintiffs.

CAP. LXXIV.

An a5l for reducing the rates and duties payable upon the importation

of great raiftns

Preamble, "TTTHEREAS in and by the book of rates referred to by the

reciting the VV ^^ of tonage and poundage^ made in the twelfth year of the

duties payable reign of King Charles the Second^ raifins great the hundred weighty

by the book containing one hundred and twelve pounds^ are rated at one pound ten

Car 2 * * fhillings \ arid in and by the additional book of rates referred to by aft

a^^ made in eleventh year of the reign of his late majefy King George

and II Geo, i. ^/;^ Firf^ rarfins of Alicanr, Denia, and other raifins not other-

zuife rated^ the hundred weighty containing one hundred and twelve

pounds^ are rated at no more than ten fhillings : and whereas it has

been founds by experience^ that the duties payable uton great raifins ^

according to the rate herein -before mentioned^ are' too high in pro^

portion to the real and true value of fuch raifins^ which has been a

great difcouragement to the importation thereof^ to the prejudice of-

the revenue and trade of this kingdom : for remedy whereof^ may it

pleafe your Majefty that it may be ena6ted ; and be it enadted

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 afTembled, and by the authority of

f/^d'utiir^ ^he fapie, That from and after the firft day of J«/y, one thou-

' 4 -^ fend

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1 774*] Anno decimo quarto Georgii III. c. 75. 449

fand feven hundred and feventy-four, the duties payable upon payable by the
the importation of great raifins, according to the faid rate of 'f^*^ .'^^^^^^^"
one pound ten fhitlings per hundred weight, ihall ceafe, deter- tioVof^raifins,
mine, and be no longer paid. to ceafe.

II. And be it further enaded by the authority aforefaid. That, Great raifins
in, lieu of the faid former rates and duties repealed by this a6t, to pay the old
all great raifins or raifins ufually entered under that denomina- ^^t>fidy by
lion, which, from and after the faid firft day of July^ one thou- " **
fand {tvtn hundred and feventy-four, fhall be imported or

brought into this kingdom, (hall be rated to, and pay the old
fubfidy granted by, the adt of tonage and poundage, made in
the twelfth year of the reign of King Charles the Second, ac- \
cording to the rate and value of ten (hiNings for every hundred
weight, containing one hundred and twelve pounds, and after
that rate for any greater or lefs quantity of fuch raifins ; and the
feveral further fubfidies, additional duties, and all other impofts
and duties whatfoever, to which fuch raifins were fubje6t and
liable before the making this adt, (ball, in like manner, be
paid proportionably, according to the rate or value herein-before
let thereon for the old fubfidy, and not according to any for-
mer rate or value j any thing in any other a6t to the contrary
notwithftanding.

III. And be it further ena6led by the authority aforefaid. That How the fub-
the feveral fubfidies, impofitions, and duties made payable by this f^^i^^ ^^^ ^"***
aa upon fuch raifins, (hall be raifed, levied, colleded, recover- gfj-arferaitr
ed, paid, and applied, in fuch manner and form, and by fuch applied.
ways and means, and under the like penalties and forfeitures,

and with fuch difcounts, allowances, and drawbacks, as the
faid former fubfidies, and other duties, were raifed, levied,
colleded, recovered, paid, and applied, and were fub]e6t and
liable to, and ail the powers, penalties, provifions, articles, and
claufes, contained in the feveral ads of parliament, which
granted or continued the fame refpedlively, fhall continue in
full force and effect, and fhall be applied, pra6lifed, and execut-
ed, for the raifing, levying, colleding, recovering, paying, and
applying, the faid refpedive fubfidies, impofitions, and other
duties, according to the true intent and meaning of this prefent
a6t, as fully and efFedually, to all intents and purpofes, as if
the faid claufes, matters, and things, had been repeated and
enaded in the body of this prefent adt,

C A P. LXXV.

^n a£l for enlarging the -prefent, or providing a newworkhoufe, for the
ufe of the parifh of Ssiint Saviour South wark, and for regulating the
poor in fuch workhoijlfe^ for widening Kmg Street, at the entrance in-
to t\^e High Street, Sjoiuhwark ; for making a carriage way from the
faid High Street, through the Greyhound Inn, into Queen Street, ai>d
for improving the paflage from thence into Gravel Lane, leading to-
wards the Black Friars Bridge road, in the parifh of Chrift Church.

Preamble. Truftees. Time and place of trudees firll meeting. Meet-
ings to be adjourned if a fufficient number do not attend, &g. Truftees
to bear their own expence*. Truftees dying, &t;. inhabitants to appoint
Others in their Itcad, No perfon capable of a(5lir^ as a trultee whilft cou-

<;ern€d

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450 Anno deci mo quarto Ge6RGIi III. cJ. 75- C'774-

cerned in any contra6l. Truftees to appoint a treafurer. For appoint-
ing clerks, colkflors and other officers 5 and allowing them falaries^
Colle6lor$ to account. If coUe6lors refufe to account, 9<5lions to be
brought againft them, and the money maybe levied by diflrefs. Truftees
may enlarge the prefent workhoufe, or may.fell it, and purchafe ground
and build a new one. Poor may be punifhed for mifbehaviour. Defert-
cd children, and wandering poor, may be taken up. Penalty on perfons
buying, or receiving into pawn, cloatbs, &c, belonging to the poor, &c.
Manner of chuiing overseers for the future. Not to alter an aft of 7
Geo. 3. Truftees^ may make the openings as deficribed in the fchedule.
Materials vefted in the truftees. Bodies pohtick, &c. impowere<J
to contract with truftees for the fale of lands, &c. On refufal to treat,
value to be fettled by a jury. Sheriff, on notice from truftees, to impa-
jiel a jury. Jury may view th^ place in queftion. Jury may be challenged.
WitneiTes may be cited and examined. Penalty on flienff, &c. making
default, not to exceed lol. Jury to afTefs for recompence. Truftees to
give judgement, and tbe verdift to be final. Verdifts to be entered by
the clerk of the peace. Expences of the jury and witneffes by whom to
be borne. Verdi6l not binding, unlefs money be paid within 6 calendar
months. On payment of purchafe-money, premifes to be conveyed, in
cafe of refufal or incapacity to convey,, or if mortgagees refufe to take
their mortgage money, the fame to be paid into the bank, in the name of
the accountant general of the court of chancery, fubjeft to the order of
that court in a fummary way, &c. On payment of fums aflefled, Pre-
^ milTes to be vefted in the faid truftees. Purchate-money may be placed

out at intereft. How dividends are to be paid. How perfons intitled to
the mefne profits may recover againft perfons in poilefiion. Truftees may
make orders on the bank, Sec, Truftees not anfwerable for monies fo de-
pofited. Mortgagees to aflign, upon tender of principal, and fix calen-
dar months intereft j or on fix months notice. Tenants to quit, on no-
tice given. Monies payable to bodies corporate, &c. to be invefted in the
purchafe of other eftates. In what manner houfes, Sec may be purchaf-
ed. Truftees may let or fell any overplus ground. The Greyhound inn
and houfes adjoining, not to be taken down during the remainder of th^
leafe. Perfons may advance money to the treafurer not exceeding zoool.
and not exceeding 1000 1. for the purchafe of annuities. Treafurer to pay
annuities quarterly, and to be allowed him in account. Books to be kept.
A(5t a8 Geo. a. Annuities under this a6f to be paid out of the furplus of
the monies arifing from the market, and out of the rate granted. An-
Tiuities not liable to taxes. On default of payment of the annuities, the
furplus of the income of the market, &c. to veft in the annuitants. Con-
tributors to have receipts for money paid. Annuities may be afiigned.
Truftees impowered to make a pound rate on all houfes, &c. Rate to be
allowed by two juftices of the peace. Manner of recovery. Perfons quit-
ing their houfes, &c. before paying the rate, and ftiall afterwards refufe
payment, juftices- may grant warrants for diftrefs of goods. Sec. and, after
£ve days, may fell the fame for payment of faid rate, and all arrears, &c.
Truftees may fue in the name of their treafurer. Empty houfes to be
rated, and the rates to be paid by the proprietor, &c. Houfes let under
lol. a year, or in feparate apartments, or ready furniflied, owners deem-
ed occupiers. Occupiers to pay the rates 5 and may be deducted out of
the rents. Landlords not to be charged for any increafed rent on account
of his paying the rate, Truftees impowered to borrow 7000 1. on bonds
of lool. each, and the intereft to be paid out of the rate. How interelt
and annuities may be recovered. How bonds ftiall be difcharged. Limi-
tation of monies to be raifed by annuities. Expences of the a6l how to
be paid. Proceedings to be entered in a book. Notice of meetings to be
given. Penalties and forfeitures how to be recovered and applied. Form
of convi6lion. Perfons aggrieved may appeal to the quarter leflions- Dif-
trefs not unlawful for want of form, nor removable by Certiorari into any
other court. Writings to be without ft amps. Limitation of Actions.
General iffue. Treble cafts. Publickaa. Schedule.

C A P^

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J774] Anno deeimo quarto Georgii III. c, 7^' 45'

CAP. LXXVI.

An a6l for redeeming the fum of one million of the capital ftocks of three ^

pounds per centum annuities, in the manner and on the terms therein
mentioned; and for eftablifhing a lottery.

Preamble. Bodies politick, &c. who have lignified their confent to the
terms aforeraid to receive from the governor of the b^nk a certificate of
the fums fubfcribed, &c. Treafury to apply a fum fufficient to diicharge
one moiety, which fubfcribers are to receive by July 5, 1774. Remaining
moiety to be paid before 06t. ao, 1774. Bank to tranfmit an exat^ lilt of
all perfons intitled to the 3 fer cent, annuities. Ferfons who have fubfcrib-
ed their names, &c. to have their intereft till July 5, 1774. Payment of
one quarter's annuity to be ordered by the treafury to be made to July 5,
1774.. Annuities payable to ftand redeemed ; and after July 5, 1774, to
ceafe. Perfons forging certificates to be adjudged guilty of felony. Sub-
fcribers to receive ac the rate of 4I. for every 100 1. Ca(hiers to give fe-
curitics to the commifiloners of the treafury, for paying the monies into
the exchequer. Treafury to apply the money to the fervices voted this
fefiion. 600^000!. to be divided into prizes j and paid into the bank out
of the fupplies granted this fefiion. Managers and diredtors of the lottery
to be appointed by the treafury. Method of the lottery books. Ticket.
Managers to examine the books with the tickets, and deliver them after
to the cafhiers of the bank, taking a receipt for the fame. Cafhiers to re-
turn the books, with the undifpoled tickets, with an account of the mo-
nies paid in. Undifpofed tickets to be delivered into the exchequer. Tic-
kets of the middle columns to be rolled up, and fafi:ened with filk ; and
cut off indent wiie into a box marked with the letter (A). Box to be lock-
ed up, and fealed. Rooks to be prepared with two columns, on each of
which 60,000 .tickets to be printed. The number and value of the for-
tunate tickers. 1000 1. to each of the three firfl drawn tickets, and 1000 1,
to the lalt drawn Tickets of the outermoft columns of the laft-mention-
ed book to be rolled up and tied. Puhiick notice to be given of putting
the tickets into the boxes. Lottery to begin drawing on 14 Nov. 1774..
Method to be obfcrved i^ drawing, &c. Number of the fortunate tickets,
and the fums to be printed. Difputes to be adjufted by the managers.
Penalty on forging tickets, &c. Felony. Offenders being out of pnfon
difcovering perlons guilty, to be free and have 50I. reward. Provifo.
Managers to be fworn. The oath. Cafhier to receive the fums fubfcrib-
ed, betore receiving the lottery book, and to give a note for the fame j the
bearers intitled thereupon to one lottery ticket for every 12 1. los. fo
paid. Contibutors not making good their payments within the times it-
niited, forfeit their depofits with refpeft to the lottery; and the tickets for
fuch fums to be delivered back into the exchequer. Treafury to pay the
managers, and defray the incidental expences. Limitation of the fale of
chances, &c. Penalty. Office- keepers &c. felling (hares in tickets of
which they are not poffefied, forfeit 500 1. Offences committed in Ire-
land againft a£ls for preventing unlawful lotteries, made punidiable,
and the penalties may be fued for in Dublin, The fum of 600,000 1. pay-
able in refpe6l of the fortunate tickets, is charged upon the aids in gene-
ral granted this feflion ; managers to give notice of the time for taking
in the tickets,, and delivering out the certificates, &c. Certificates to be
numbered. Books to be kept for entering the names of perfons bringing
tickets to be exchanged, &c. Certificates to be figned, &c. Treafurer to
difcharge all incident charges attending the execution of this a6l. No fee
to be taken for receiving or paying the contribution- monies, or for iffa-
ing receipts of monies, on penalty of aol. General iffue. Treble colts*

Vol. XXX, Hh CAP.

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45^ Anno decimo quarto Georgii III. C. 77. [i774#

C A P. LXXVIL

All act for the relief of infolvent debtors ; and for the relief of bank-
ritptSy in certain cafes,

Freamble. "\y\/' H E R E A S many perfons^ by loffes and other misfortunes^

Y y are rendered incapable of paying their whole debts ; and though

they are ivil/ing to make the utmoji fatisfa^ion they can^. and many

of them are able to ferve his Majejly byfea or land^ yet are detained

in prifon by their creditors^ or have been forced to go into foreign

parts out of this realm : and whereas fuch unhappy debtors have ol-

zvays been deemed the proper obje^s of publick compaffon^ and^ by fe-

veral atls of parliament^ have been difcharged on the conditions in

fuch a^is mentioned ; for .the reliefs therefore^ of infolvent prifoners

mid fugitives J zuho f.uill comply tuith the terms contained in this a^y

to be refpe lively obferved by them^ and faithfully dif cover upon oath^

and deliver up and affigUy all their effe5ls and ejlates zvhatfoever^

for the benefit of their creditors^ and to prevent^ as far as pofjible^

the many frauds and abufes^ zvhich^ in a great meafure^ have ob-

firuaed the good ends of fuch a5ls ; be it enaded by the King's

moil: excellent majefty, by and with the advice and confent of

the lords fpiritual and temporal, and commons, in this prefent

^Iphabetkal parliament aflembled, and by the authority of the fame. That,

lifts to be made ^^^^ ^^^ j gfj-gj- y)^^ palling of this a6l, all and every gaoler or keeper

cr"\n^cSX^ ^^ ^"y Pr'^o"^ i^ 2^^y county, riding, divifion, city, town,

for debt on place, or liberty, within this kingdom, fcall, is, and are here-

Apnl28,i774, by required to make a true, exacl, and perfect lift, alphabet!-

oriince that cally, of the name or names of all and every perfon or perfons,

^^^^' who, upon the twenty-eighth day of ApviU one thoufand feven

hundred and feventy-four, was or were, or at any time fince,

have been, and at the time of making out e\rery fuch lift ftiall

be, really an adual prifoner or prifoners, in the cuftody of any

gaoler, or gaolers, or keeper of any prifon refpedively, upon

any procefs whatfoever, for or by reafon of any debt, damage,

cofts, fum or fums of money, contempt, or oiherwife, and an

v^'ith the time account of the time when fuch prifoner or^ prifoners was or

when charged, were refpe6lively charged in cuftody, or received in prifon, to-

2iui at whole gether with the name or names of the perfon or perfons at whofe

^'^* fuit or profecution fuch prifoner or prifoners is or are detained ;

The fame to and ftiali deliver the fame to the juftices of the peace, at their

be delwered f^i-ft or fecond general quarter fefllons of the peace, to be held

to the quarter ^ffgj- the pafting of this ad, oratfome adjournment thereof, for

itffions. ^^^j^ county, riding, divifion, city, towH, place, or liberty re-

fpedively.
Thewardenof H. And be it further enabled, That the warden of his Ma-
theFJcet, and j^^^g prifon of the Fleets and marftial of the Kings Bench Pri*
ofth^Km^i'l >;, (hall feverally, on the delivering in of any fuch lift of pri-
Benc!) pnron, foners in their refpedive cuftodV, take an oath, m the open
torakethefoU court of fuch general quarter fedion of the peace, or at fom©
lowing oath adiournmcnt thereof, to the effec^i following j (that is to fay :)

en delivering ^ • '

In tkcir lilts» /, A. B.

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1774*] Anno decimo quarto GeoRGIiIIL c«77. 45^

I A. B. upon my corporal oath, in the pre fence of Almighty God^
do folenmly fwear^ profefs^ and declare^ That all and every per-^
fon and perfons^ whofe name or names is or are inferted and contain'-
td in the firjl part of the lift by me now delivered in and fubfcribed,
zvas a7id were to the be ft of my knowledge and beliefs upon the tiventy-
eighth day /?/Apri], one thoufandfeven hundred and feventy-f our ^ really
and truly prifoners^ in actual ctfiody, intheprifonorgoolofl'mkn
the name of the prifon), at the fuit or fuiis of the feveral perfon
orperfons therein refpe^ively mentioned-, and alfo, that all and every
perfon and perfons^ whofe name or na?nes is or are inferted or contain-
ed in the fecond part of the f aid lijl^ noiu by me delivered in andfub-
fcribed as aforefaid^ have, fince the faid twenty- eighth day ^/^ April,
dne th oUf and f even hundred and feveiUy- four, been committed or fur--
rendered to the faid gaol or prifon of (infert the name of the gaol
or prifon), at the fuit or fuit s of the feveral perfon or perfons there-
in refpeBiyely 7nentioned', except fuch -perfon or perfons who is or are
in Juch lifi particularly mentioned and defer ibed to have died, been
difcharged, or removed to fome other prifsn, by procefs of law, fince
the faid twenty ■ eighth day of April, one thoufandfeven hundred andf^
venty-four ; andalfo except fuch perfon orperfons who is or are in fuch Ujl
' particularly mentioned and defcrihed to have been permitted to have 9 one
out of the faid prifon, by day rules of the court ^/(common pleas" or
king's bench, as the cafe fhall ht), fince the faid twenty- eighth day of ^
■April, one thoufand fiven hundred and fcventy- four, to traiifa^ their
^ajfairs -, and o'lfo except fuch per fm or perfons who is or are therein
■ a If 0 particularly ?nent}oned and defcribed to have, upon the [aid tive?:-
ty- eighth day ^/ April, one thoufandfeven hundred and feventv-four^
or fince, been in the rules of the faid prifon (of the fleer, or'^kin^^s
bench, as the cafe (liall be), by leave of the (warden, or marfhal
of the faid prifon, as the cafe' (hall be) ; and have, to the befi of
rny knovjledge and belief really and truly, ever fince, continued and
remained in aBual cujlody in the faid prifon, (of the fleet or kind's
bench, as the cafe (hall be), or the liberties thereof, at the fint^or
fuits of the feveral perfions in the fiaid lift refpeaively mentioned %
(and if any prifoner or prifoners hath or have, fince the faicl
twenty-eighth day of April, one thoufand feven hundred and
feventy-four, efcaped out of either of the faid prifons, then in-
fert), except (infert the name or names of the prifoner or pri-
foners who have efcaped), who, witJjout my knowledge, privity,
or co?fent, hath or have efcaped out of the faid prifon of

and that the faid lift is a true, exa5l, perfe6i and jufl lift
of all fuch perfons ivho were really and truly prifionefs in a^lual cuftody
in the faid gaol or prifon of on the fiaid twenty-eighth

day ^/April, one thoufand fievenhmdredandfieventy-fiour, and vjhofimce
the faid twenty-eighth day of k^xW, one thoufand fiev en hundred and
feventyfiour, have been committed to^ and really have been, and novj is
or are, prifoner or prifioners, ina^ual cuftcdy, inthe fiaid gaol or' prifion
^f or the liberties thereof; and that none of

filch prifoners, to my knowledge, or with my privity, have vohniari-
ly, or with defign, or in expetlation to take any benefit from or under
any a^ of parliament^ to be made for relief of infolvmt debtors, fur-

*^ " ^ rendered

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454 Anno decimo quarto Georgii IIL c. 77. [1774.

rendered themfelves^ or been committed to the faid prifon^ or got their
names eiitered as prifoners in the books of the f aid pr if on ^ or fine e the
foid twenty -eighth day of April, one thoufand feven hundred andfe-
ventyfour^ to my knowledge ^ or with my privity^ have refided out
of the [aid prifon of 6r the rules thereof y

(but if any have fo done, add, except naming

fuch by name)

Other gaolers. And that every other gaoler and keeper of any other prifon or
ondehvenng prjfons, in any county, city, town, riding, divifion, place, or
t^take^he ^^berty, fhall feverally, on the delivering of any fuch lift ref-
followingoafh. pec5tively, take an oath, in the open court of the general quar-
ter feflions of the county, city, town, divifion, liberty, ox place,
for which he or fhe fliall deliver in any, fuch lift, and fwear to
the effect following; (that is to fay) :

I A. B. upon my corporal oath^ in the prefence of Almighty God^
do folemnly fwear ^ profefs^ and declare^ That all and every^ perfon
and perfon s^ whofe name or names are infer ted or contained in the firjl
part of the Uft by me now delivered in and fuhfcribed^ zvas and were^
to the bef of my knowhdge and beliefs upon the twenty -eighth day of
April, one thoufand feven hundred and feventy-four^ really and truly
prifoners in a^ual cujlody^ in the prifon or gaol of

at the fuit or fuits of the fever al perfons therein
refpefiively mentioned^ and aljo that all and every perfon afid perfons^
whofe name or names is or are infer ted or contained in the f^cond part
^f the faid lifl now by me delivered in^ and fubfcribed^ as aforefaidy
bave^ fince the faid twenty-eighth day of April, one thoufand feven
hundred and [evenly -four ^ been committed or fur rendered to the faid
gaol or prifon of (if any fuch prifoner

or prifoners hath or have, fince the faid twenty-eighth day of
Aprils one thoufand feven hundred and feventy-four, been com-
mined or furrendered to fuch gaol or prifon), at the fuit or fuits
ef the fever al per] on or perfons therein refpeotively mentioned^ except
(if any exception is neceffary) fuch perfons as are therein particu-
larly mentioned and defciibed to have died^ been difcharged^ or re-
7noved to fom-e other prifon by procejs of la^v^ or to have efcaped out
cf fuch prifon^ ivithout my privity^ knowledge ^ or confent^ fince the
faid twenty-eighth day of April, one thoufand feven hu7idred and
fev-enty -four ; and that all and every of them^ whofe name and names
is and are contained in the firft part of the faid lift^ [except as before
excepted)^ to the be ft of my knowledge and beliefs have really and
truly continued in aBual cufiody in the faid gaol or prifon of

ever fince the faid- twenty -eighth day oj April, one
thoufand J even hundred and feventy-four j and that the faid lifl is a
irue^ exa^\ perfe5ty andjuft lifl of all fuch perfons as tvere really and
truy prifoners in atlual cuftody in the faid gaol or prifon of

on the faid twenty- eighth day of April, one thou*

fan d feven hundred and feventy-four ^ and who^ fince the faid tzven-

ty- eighth ^^^ i?/ April, one thoufand feven hundred and feventy-four y^,

have been really and truly commiitcdy or furrendered to the faid gaol^

I or

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J774'] Anno decimo quarto Georgii II L c^'jj* 455

or pr'ifon of (er.cept as before excepted)^ to the

beji of my knowledge and belief -y and that none of Juch prifoners^ to
my knowledge^ or with my privity^ have voluntarily ^ or with deftgn^
or in expe£lation^ to take any beJiefit^ from or under any aB of par-
liarnent to be made for relief of infohent debtors^ fur rendered or been
committed to the faid prifon of or got his^

her^ or their name or names entered as prifoner or prifoners in "the
books of the faid prifon^ or^ fnce their committment j have^ to my
knowledge^ or with my privity^ refided out of the [aid prifon of

[if any have {o done, then add,
4>icept inferting their names].

Which fald refpedlve oaths the faid juftlces, at the firfl: or fe- The oath to
cond general quarter feirion aforefaid, or at fome adjournment ^^ adminifter*
thereof, within their refpec^ivejurifdicflions, are hereby empower- ^. by the luf-
ed and required to adminifter in open court; and the words of ^

the faid oath herein-before direded to be taken by the faid war-
den and marfhal refpedlively, (hall be entered or written at the
end or bottom of the lift which (hall be delivered in by them
refpedlively, and (ball be fubfcribed and fworn to by them re-
fpedively, in open court ; and the words of the oath, to be
taken by every other gaoler or keeper refpedively, (hall be en- and entered
tered or written at the end or bottom of the lift which (hall and fubrcribed
be delivered by them refpedively, and (hall be fubfcribed and ^^ *^^,^*?"^"^
fworn to by them refpedively, in open court : and every fuch ^ T^^^ * *
lift which Qiall be fo delivered in, fubfcribed, and fworn to, in 5 thederk^^
purfuance of this a6l, (hall be kept by the clerk of the peace, of the peacct
town clerk, or other ofHcer a6ling as clerk of the peace of every
fuch county, riding, divifion, city, town, place, or liberty re-
fpecftlvely, in which any fuch lift as aforefaid (hall be fworn to,
for the better fatisfacStion of the faid juftices, and information of
all or any prifoner or prifoners therein named ; and fo as the
fame may, from time to time, be feen and examined by any
creditor or creditors of prifoner or prifoners, without fee or
reward.

III. And be it further enadled by the authority aforefaid, Copies of the
That all and every gaoler and gaolers, and keeper of any gaol or lifts to be de-
prifon, is and are hereby required, ten days at leaft before the ^^vered in to
iirft or fecond general quarter feffions of the peace (hall be held, ^he^'^lfonF ^'^
after the pafTing of this a6f, for the county, riding, divifion, and^on^the
city, town, place, or liberty, in which any gaol or prifon (hall gates thereof,
be, or to which the fame belong, to fix up, in fome confpi-

cuous place or places in every fuch prifon, and at the moft fre-
quented and ufual gate, door, or entrance, into every flich pri-
fon, three or more true copies of the lift or lifts propofed or
intended to be delivered in by any fuch gaoler or keeper at the
faid general or quarter fe(rions, or at fome adjournment thereof,

IV, And be it further ena6led. That all and every perfon Perfons in-
and perfons, whofe name or names fliall be inferted in any (erted in the^
fuch lift to be delivered in as aforefaid, who, upon the faid twen- l*^^^ being pn-
ty-eighth day of Aprils one thoufand feyen hundred and k^^n- o^'JtTfraudut

H h 3 ty^four^

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456 Anno decimo quarto Georgii III. c. 77: [1774^

Tent intention, ty-four, were really and truly prifoners in the a61ua] ciiftody qf
on April 28, any gaoler or gaolers, or keeper of any prifon refpe^lively of this
^7 74* kingdom, and did not come into, or get his, her, or their name^

entered in the book of any gaol or prifon as a prifoner or pri-
foners there, with a view or delign to take the benefit of fome
conforming: to a6l for relief of infolvent debtors, and who (hall take the oath
thercguianons herein-after nientioned, and fhalj perform, on his or her part,
fl^aU^bs^dif- '^'^^^^ ^^ required to be done by hirn or her by this a61:, (hail" be for
charged. ever releafed and dlfcharged from his or her imprifonment, in'

fuch manner as hereafter is provided.
Prifoners in V. Provided always, and be it enacted by the authority afore-

cailody at the faid, That any prifoner or prifoners who Ihall be in a(Rua}
*^J"^^^P^^^'^S cuftody at the time of paiTing this adl, and was or were, on or
w^^re^arVdled ^-^o^^ ^^^^ ^^'^^ twenty-eigluh day of Jpril^ one thoufand kvea
for debt o\ or hundred and feventy-four, arreted, and in adlual cudody of aa
before April officer, for any fuin or fums of money, by virtue of any writ or
2-^'j^774» -nd pi-Qcefs ilTuing out of any court of record, and held to ball there-
and forreiuier- ^"> ^"^ ^'^' ^''^ or before the ilxteenth day of May, onu thoufand
edonor before f^ven hundred and f^venty-four, furrender him, iier, or them-
May t6, ^774, felves, or was or were furrendered in difcharge of his, her, or
onconfoimmg their bail, and thereupon committed to prifon, and has or have
ti^^^s'^of this^' continued therein, until the pafTing of this acl^ by virtue of fuch
aa mall be coiDmitment^ every fuch prifoner or prifoners (hall, upon due
diicharged* proof of the premifes upon oath, be difcharged from fuch debt
or demand, in like manner as if fuch prifoner or prifoners had
been actually in prifon upon the faid twenty-eighth day of Jpril^
one thoufand feven hundred and feventy-four, and continued
therein as aforefaid ; fubjed neverthelefs to the fame reftri61ions
and provifions, and a compliance vAih the like terms, conditions,
and qualiiications, herein-before impofed upon prifoners adlually
in cuftody upon the faid twenty-eighth day of Jpril, one thou-
fand feven hundred and feventy-four; and alfo fubjed to the
fame terms and provifions relating to the elfate and eife61s of
every fucli prifoner as aforefaid.
Juftice?, npon VI. And be it further enabled, That it (hall be lawful for any
the petiiion of j^(\ice or juiVices of the peace of any county, riding, divifion^
the pnioner, ^' ^^^^ place, or liberty, within this kingdom, upon the pe-

and nis deli- ./' r r \ -r -r • n- .^•

verinsT n fche- tition ot any iuch priloner or priloners to any juftice or juftices
dale of his of the peace, within his or their refpedive jurifdidions, upon
eftate, every fuch prifoner or prifoners fo petitioning, and, at the time

of his or her fo petitioning, leavin>g with the juftice or juftices of
the peace who (hall be fo petitioned a true copy of the fchedule^
containing his or her intended difcovery of his or her real and
perfonaleflate, to be fworn to at the firftor fecond general quar-
ter feffion, next enfuing after every fuch petition, or fome ad-
a'-eto iffue journment thereof, by warrant under his hand and feal, or their
their warrant hands and feals, to require the (heriff or fheriffs, gaoler or gaol-
fo-c bringing ers, or keeper of any fuch prifon, within the jurifdidlion of any
the prilorj>?r to fy^h juilice or juftices, to bring before thejuftices, at the firfl: or
^<^l!^^^tl^%'n fe'-ond next p^eneral quarter kiY\on of the peace, or any adiourn- '
meat thereof., to be held;, as the cafe mall happen to be, next

aftci*

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17740 Anno decimo quarto GeoRGII III. c. "]"]. 457

after the expiration of ten days from the date of fuch warrant for
fuch refpec^ive county, riding, divifion, city, town, place, or
Jiberty, the body of any perfon being in the faid prifon as afore-
faid, with the warrant or warrants of his or her detainer, toge- ^'^^^ ^^^ ^^r,
ther with a copy or copies of the caufe or caufes which he, fhe, ^^^g^^j copy^of
or they, is or are charged with in any fuch gaol or prifon as ti>e writ, &c.
aforefaid, at the time aforefaid ; which warrant of every fuch q^^I^j.^ ^^^
juftice or juftices every fuch (lieriff and (heriffs, gaoler, or keeper^ to obey fuch
is and are hereby commanded to obey. warrant.

VII. And be it alfo enadled, That the copy of every fchedule Schedule of
which (hall be left with any fuch juftice or juftices, fhall, within the prifoner's
ten days after the fame fliall be fo left, be tranfmitted by the ^ftate to be
juftice or juftices, with whom the fame (hall be fo left, to the ^^j^^"^|^^^^^^^^^^
clerk of the peace, town clerk, or other officer, a6ling as clerk the peace
of the peace for the county, riding, divifion, city, town, place,
or liberty, in which the fame (hall have been fo left, there to
remain and be infpeded, from time to time, as occafion (hall for inrpeariori
require, by any creditor of any fuch prifoner who (hall defire to of the credi-
infpe6t the fame. ^^^^*

VIII. And be it aifo ena6led. That every fuch juftice orjuftices juftlces refuf-
who (hall refufe or omit, for the fpace of fix days, to tranfmit ing or omit-
the copy of the fchedule, fo left v^^ith him as aforefaid, to the ^"g ^oj" ten
clerk of the peace, town clerk, or other officer a6\ino; as clerk of ^^y"" ^^ ^^'^'^J}
the peace for the county, nding, divihon, city, town, place, or t^e fchedule
liberty, in which the fame fhall have been fo \^ix^ fhall, for every to the clerk of
fuch offence, forfeit and pay the fum often pounds; which (liall tbe peace, (bail
and may be fued for and recovered in any of his Majefty's courts ^*^^^^^^ ^^^»
of record at JVeJltranJler^ by a6lion of debt, together with cofts
of fuit, in the name of any perfon who (hall profecute for the
fame ; and one moiety of which money forfeited (hall, when re-
covered, go to the party who profecutes for the fame, and the
other moiety thereof to the poor of the parifh in which the of-
fence (hall be committed,

IX. And be it further enaded. That all and every prifoner p^^ifoners In-
and prifoners, who ftiall intend to petition to be difcharged under tending to pe.
this a6f, as aforefaid, (hall firft caufe public notice to be inferred tition for their
in three feveral London Gazettes^ previous to fuch general quarter ^^^^^^^^^' ^"^.^
feffion, and the adjournment thereof, at which the faid prifoner oDfllotlce^^*
or prifoners (hall apply to be difcharged from any gaol in Z^/z^/j;/, thereof thrice
or within the weekly bills of mortality; and if fuch prifoner ''"^ ^^^^e Ga«
(hall be in cuftody in any gaol out of London^ or the weekly bills ^^^^^> ^^*
of mortality, then alio in fome newfpaper, which fliall be pub-
lifhed in or near the county, riding, divifton, city, town, liberty^
or place, in the gaol whereof he or ftie (hall be fo in cuftody ;
containing the name, trade, and occupation, and two laft places Contents of
of abode, if fo many, of every fuch prifoner and prifoners, and ^he notice,
the prifon wherein he, (he, or they, is or are confined, and of
his, her, or their intention to take the benelit of this a6t ; and
mentioning fuch notice in each Gazette or newfpaper, to be the
firft, fecond, or third notice, according to the time of publiftring
each of fuch notices 5 and for the inferting each of which faid *''• each fime

H h 4 feverai^^^"^"^^^^a

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45S Anno'decimo quarto Georgii III. c. 77- [1774.

Intofnf nJ?' Irrei^n'^f" •'." '^'.^"^^ ^'"""''^ "" '" =^"y ^^^^^^ newfpaperi
tices. ^ «^^^;e <^a" be paid, each time, by every fcch prifoner, two-pence

Firft notice to in t."°rT/^' '^' ^'^ °^ ^'^'"'^ '""''^ "°^'"^ ^'^^" be fo inferred
b^ LS o Z ^'T'' J '" "^^ '=^"* ^''^'^■- "^^'"P^Pers, as the cafe

days, and the ^ay require, thirty days at leaft, and the laft of the faid notices
lalt .0 days te'\ days at leaft, before any fach firft or fecond <veneral quarter
SuaTter lef ' tT' '"n ^<^J°'^^"'^e"f 'l^^'-^of, ^lall be held a^s aforefaid; fo

loner or pnfoners incuftodyas thofe creditors who have charged

iuch pnfoner or pnfoners in execution, or on mefne procefs, or

otherwife, may have fuffident notice thereof

WgT;i::o^,J^^^ Y ^? ^-^^-— ^-^^^^ Thateve'ry fuch prifoner as

ccurr^ due f ^^f f'^' '^^^^' ^^ purfuance of any fuch warrant as aforefaid,

publication of i^^^^ii be brought to the general quarter feffion, or any adiourn-

the notices re. ment thereof, (hall, in cafe it (liall be proved upon oath or bv

^.ro"^'^:' ^^^f^^ f^;-]^ three Ga^^mes and newfpapers befor^ men-

1 ca, ^.u - tioned to the faid juQices, at any fuch feffion, or the adjournment

thereof, that fuch notices were inferted in the Lofidon Gazette

and other newlpapers, were required, in manner as herein-be'

tore IS direa-ed, and that the perfon or perfons fo petitioning wa^s

or were adually a prifoner or prifoners on the faid twenty-eighth

0ay oijpnl, one thoufand kvtn hundred and feventy-four, or

fmce, m the gaol or prifon in which his, her, or their name or

names is or are fpecified in the li(l of pri Toners there, delivered

in at any fuch firft or fecond fefllon, or any adjournment thereof,

as aforefaid, in purfuance of this ac% fliall, in open court, at the

IS to deliver in faid general quarter feffion, or any adjournment thereof, fub-

his ertate! f^^^^^^^"^ ^ehver in a true fchedule or account of all his or her

debts, and ^^^^ eftate, either in pofleflion, reverfion, remainder, or expect-

creditors. ancy ; and alfo of the whole of his or her perfonal eftate, which

he or flie, or any perfon or perfons in truft for him or her, or

for his or her ufe, benefit, or advantage, is or are feifed of, in-

terefted in, or intitled to, or was or were in his or her poiTeffion,

at any time fince his or her commitment to prifon, with the

names of his or her feveral debtors, and where they refpedively

live, or may be met with ; and the feveral fums of money frotn

them refpedively owing, and how the fame refpedively became

due, and are fecured ; and if by mortgage, fpecialty, contract,

note, or other writing, then the name and names, and places of

abode of the feveral witneffcs who can prove fuch debts or con«

trads, (if there be any fuch,) and (hall alfo make oath and fwear

to the t^Q^i following; (that is to fay,)

Prifoner's _ T A. B. upon my corporal ooth, in the prefence of Almighty God^ da

v-ri^n^ln'^rlil' folemnly fwear^ protejl, and declare. That on the tiventy- eighth day

Tid'llhulule. ^/^P^'^' ^^^^ thoufand J evm hundred and [eventy four ^ I was a pri-

' foner, or efe, [as the cafe may be,] that fince the faid twenty-eighth

day of April, one thoufand fevcn hundred and feventy four, I lave

furrendered, or have been committed to the prifon of

in difcharge of my bail, or for want of bail, [as' the cafe (hall bfe';]

md that I was acluoUy arrffed^ and m afody of an officer, before

the

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1 774.] Anno decimo quarto Georgii III. a 77. 459

the fold twenty -eighth dey of K'^xW^ one thoufand f even hundred mid
/evenly -four ^ in the a5'iion or fuit^ cMions or fults^ in which I fur-
' rendered^ or was committed as aforefaid^ to the f aid gaol or pr if on of
and that I have^ ever fncc my f aid fur r under or
commitment J continued a prifoner within the prifon of
in the a dual cujhdy of the gaoler or keeper of the faid prifon of
or within the liberties thereof^ at the fuit of
, and zvithout any fraud or collufion whatfoever \ and
that ih^ fchedule noiu delivered by me^ and fubfcrihed^ doth contain,
to the beji of my knowledge^ remembrance^ and beliefs a full^ juft^ trucy
end per fed account and dif cover y of all the goods ^ effeSfs^ and eflates^
real and perfonal, either in poffefion^ r ever /ion ^ remainder^ or expeB^
ancy^ which f or any per f on in trufl for rne^ or for my heriefit or ad-
vantage^ am feifed or poffeffed of inter efed in^ or intitled tOy or was
or were in my pofjejfion at any time^ fince my commitment to prifon ;
and of all debts as are to me ozving^ or to any p erf on or perfons i^ trujl
for me-y and of all the fecurities and contracts zvhereby any money now :
is J or will or may hereafter become payable^ or any benefit or advan-
tage may accrue to me^ or to my ufe^ or to anyperfon or perfons in imft
for me\ and the names and places of abode of the fever al perfons from
whom fuch debts are due and oiving-^ and of the witneffes that can
prove fuch debts or contracts ^ [if any fuch there be;] and that Jiei-
their y, fjor any other perfon or perfons in trufi for my ufe^ have any
lands J money yftock^ or any eftate^ real or perfonal^ in poffeffton^ rever-,
fion^ or remainder y or expedancy^ other than what are in the faid
fchedule contained ^^ except wearing apparel^ and bedding for my/elf and
family y working tools ^ and neceffary implements for my occupation and
calling.^ together with a fum of money not exceeding forty Jhillings ^ and
thefe in the whole not exceeding the value of tiuenty pounds ; and that
I have not J nor any body for me hath^ diredly or indiredJy^ foldy
leffened^ or otherwife conveyed, difpojed of in trujU or concealed^ ^all
or any part of my lands, money, goods, chattels, fock, debts, fecurities^
contracts, or eflate, real or perfonal, whereby to f cure the fame ^ or t&
receive or expe5l any profit or advantage thereof, or vjith intent to de^
fraud or deceive any creditor or creditors, to whom I am or was in-
debted in any -wife howfoever.

So help me GOD.

And the faid fchedule and oath (hall be, by every fuch prifoner Schedule and ^
fubfcribed in the prefencc of the juftices in open feflion of the ^^^^ ^P "^^
peace, as hereby is dire(5\ed, and ihalJ be kept by, and remain [iJe^co^^*^ ^"
with, the clerk of the peace, town clerk,^or other officer adling \<:>6gtTw\x\!^
as clerk of the peace, for the county, city, liberty, divifion, town, the clerk for
or place, where the fame (liall be fubfcribed and taken, for the ^!^^ txamina»
better information of all. the creditors of fuch prifoner who fhall ^'"" P^ ^^^^
deure, or may have occafion, to relort thereto; and every fuch
creditor ("hall be at liberty, at feafonable times in the day-time,
to perufe and examine the fame.

XL And belt further enadled. That the juftices u^ithln their5°-"^^^J^^^
refpedlive jurifdidions, at any fuch general quarter fefBon, or credttor/may
adjournment thereof^ at the requeft or any creditor or creditors adminiiler an

Qf oath to the

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4^^ Anno decimo quarto Georgii IIL C. 77, [i 7*^4;

ottrpeTforr "^^''Ijy ^^^h Prifoner are hereby authorifed to caufe the deputy
toucwrgan^^^ "^^'^^l ^"^ "^^^^^^^^ of the Fleet and A^-'^ -5.;/.^ prifon, and
of the matters ^"Y <^^^^^^ ^nder officer, tipftaff, and turnkey, of any gaol or
prefcrvbed to pnlon, ;tnd any other perfon, to come before them, and to ex-
be j worn to. mine them refpeaively on oath, touching any of the matters
contamed in any of the oaths prefcribed by this ac1: to be taken,

IthTofb^ein^ ^""^ ^''^ ^''''^' '^''''''^^' "^""^ '^^^'^ ^^^^ ^^^^^ ^^^^11 have been taken

dilapproved, "" ^^ ^^^^ ^^^^^ ^^ ^^^^ pnfoner or prifoners (hall not be difaoprov-

the ciurtis'to ^^ ^Y g^*^.^ teftimony of any credible perfon or perfons on oath,

dii^hargehim, and fuch juftices, or the major part of them, prefent at any fucli

general quarter feffion, ftiall be fatished with the truth of the

oath taken by any fuch refpedive prifoner, then fuch juftices

(hall, in fuch feffion, or fome adjournment thereof, command

the faid (herifF or (herifFs, gaoler or gaolers, or keeper of fuch

prifon or prifons, forthwith to fet at liberty fuch prifoner or pri-

foners, without having or taking any fee or reward, other than

upon paying a one (hilling for his or their attendance with every fuch prifoner

fee of IS. to at fuch general quarter fefllon, or any adjournment thereof, ia

gaoler. order for his, her, or their difcharge ; (and which every fucli

(herifF or HierifFs, gaoler or gaolers, keeper or keepers, of fuch

prifon or prifons, is and are hereby authorifed to receive and take

Gaoler indem- for every fuch order:) and every fuch order fliall be a fufficient

ekape ^^'^ difcharge to the (herifF or IherifFs, gaoler or gaolers, or keeper of

fuch prifon or prifons, and fhall indemnify him or them a8;ain{l

any efcape or efcapes, or adion or adions whatfoever for eicape,

which fliall or may be broughtjCommenced, or profecuted againft

him or them. /

Eilate and ef- XIL And be it further enacted by the authority aforefaid, That

feds of the a|| the eftate, right, title, interell, and trull, of fuch prifoner, of,

hC Sarge" ^"' ^"^ ^^^^' ^^^ ^^'^ ^^^^ ^^^^^^ ^s well freehold and copy as

to veft in the cuftomary-hold, and to all the perfonal eftate, debts, and efi^eds,

clerk of the of every fuch prifoner, Ihall, immediately after the difcharge of

peace, any fuch prifoner, be, and the fame is hereby vefted in the clerk:

of the peace, town clerk, or other ofiicer, acting as clerk of the

peace, of and for the county, riding, city, town corporate, di-

vifion, liberty, or place, where any fuch prifoner fnatl be re-

wbo is to fpedively difcharged ; and every fuch clerk of the peace, town

make over the clerk, or other officer adine as clerk of the peace, is hereby dired^
•fame to the j j • j ^ i-r » ■' r

aflignees ^^ ^"^ required to make an allignment and conveyance of every

named by the ^"ch prifoner's eftate and effeds, veiled in fuch clerk of the

court J peace, town clerk, or other officer acting as clerk of the peace,

as aforefaid, to fuch creditor or creditors of the faid prifoner, as

the juftices at any general quarter feQion of the peace, or at any

adjournment thereof, which (hall be held by them within their

refpecllve jurifdidions, fhall order and direct, (which affisjnment

and conveyance fhall be good and eifedual in law to all intents

and purpofes whatfoever, without being wrote on parchment or

paper (lamped;) and to vefl: the eflates thereby affigned and

conveyed in the party or parties to whom the fame fliall be {q

affigned and conveyed, his>, her, and their heirs, executors, ad-

miniflrators, and affigns^ according to the cftate and intereil the

pri-

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i774f] Anno decimo quarto Georgii III. c.77. 4^1

prifoner had therein; and for the preparing, ingroffing, and for which he
executing of which affignment and conveyance, no clerk of the '^ to he pai4
peace, town clerk or other officer acSting as clerk of the peace, ^^* ^^^ ^^
(liall take any greater fee than two (hillings j and every fuch '^^^'^^*
adlgninent and conveyance (hail be in truft for the benefit of the
creditor or creditors of every fuch prifoner to whoni the fame
Ihail be made, and the reft of the creditors of fqch prifoner, in
refpe6l or in proportion to their refpec^ive debts; and every Affignees im-
perfon or peribns to whom any fuch aflignment and con- powered to
veyance as aforefaid fhall be made, is and are hereby fully im- "^'
powered to fue, from time to time, as there may be occaCion, in
his, her, or their own naine or names, for the recovery and at-
taining any eftare or effe(51s of any fuch prifoner, and alfo to exe- and execute
cute any truft or power veiled in, or created for, the ufe or bene- ^'^y ^""^/^ ^''
fit of any fuch prifoner, but in trufi: for ihe benefit of him or j^J^^^J^^^^^^^^^^^^
themfeh'es, and the refl. of the creditors of every fuch prifotier; half j
and to give difcharge and difcharges to any debtor or debtors of and give dif.
any fuch prifonerj as (hall be requifue: and every fuch a(]lgne<e ori^^^^'^^'S^s'
aflignees (hall, with all convenient fpeed, after his or their ac- They are alfo
cepting apy fuch affignment or conveyance, ufe his and their beft to get in with
endeavours to receive and get in the eftate and effe6ls of every ^J| ipeed the
fuch prifoner ; and Ihall, with all convenient fpeed, rnake ^^le p^^^^JJ" . ^ '
of all the eftates of fuch prifoner vefted in fuch aflignee or af- priioner,
fignees ; and if any fuch prifoner n:iall be interefted in, or inti- and makefale,
tied to, any reaj eftate, either in poffefiion, reverfion, or expe(5l- within two
ancy, the fame, within the fpace of two months after every fuch "^?"^"s>^°^
aOlgnment and conveyance, fhall be fold by public a6tion, in eitate, in maa-
fuch manner, and at fuch place as the major part of the creditors ner agreed
of any fuch prifoner who fhall afiemble together on any notice "poo at a
in writing publhhed in the London Gazette^ or in fome daily pa- ^redVof ^/u^^^
per, if the prifoner before his going to gaol rellded in London^ or monedforthat ^
in the weekly bills of mortality, and if elfewhere, then in fomepurpoici
newfpaper which fhall be pubhftied in or near the county, rid-
ing, divifion, city, town, liberty, or place, in which fuch prifoner
dwelt before he or fhe was committed to gaol, thirty days before
any fuch fale ftiall be made, fliall, under his hand, or their hands,
agree on: and every fuchvaffignee or affignees, at the end of and make a
three months at fartheft from the time of his or their accepting ^iv^'^e"^ with*
any fuch affignment or conveyance as aforefaid, fhall make a juft ^" ^'^''«^<^^
and fair di^'idend of all fuch prifoner's eftates and effeds, which '

fhall have been then amongft his or her creditors, in propor-
tion and in regard to each creditor's refpe6tive debts ; but before
any fuch dividend 'ftiall be made, fuch aftignec or affignees (hall firft making,
make up an account of fuch priibner's eftate, and make oath in "P t^"'^*'" ^^
writing, before one or more juftice or juftices of the peace of the ^*^^VJ.^^ ^"^
county, riding, divifion, town, liberty, or place, in which any famVupou ^
fuch prifoner (hall have been difcharged, that every fuch account oath,
cont-ains a juft and fair account of the eftate and effedfs of evejy
fuch priioner got in by or for fuch affignec or affignees, and of
all payments made in refpedt thereof, and that all payments in
every fuch account charged were truly and bona fide made and

paid i

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4^2 Anno decimo quarto GeorgiiIIL C77« [i774-

30 days notice paid ; and notice of the making of every fuch dividend (hall be
to be given oFpublilhed in like manner as a meeting of creditors is herein-be-
d'u'iden/s'r ^^^^ ^^iieded to be publilhed, thirty days at leaft before the fame
and noneto ^^^^^ ^^ made; and no creditor Hiall be allowed to receive any
receive any fl^are of fuch dividend, until he fl^all have made out the juftnefs
ihaie iheieof and identity of his refpedive debt bv oath, or due proof in writ-
lluMl^'^^rov? if^g^heforeromefuchjuniceorjuftices: and if any creditor of fuch
their d*ebts. pnfoner (hall be difiatisfied with the reality or fairnefs of any debt
Debts entered claimed by any other creditor, then the fame, at the requeft of any
to be examin- fuch creditor or creditors fo diiTatisfied, (hall be examined into by
ed ^''^^^.^^^^ ^ the jullices of the county, riding, divifion, city, liberty, or place,
'thlTo'^vu ^ ^"^ which fuch prifoner (hall have been difcharged, at their next
Surplus of the general quarter fefiion, and what they (liall there determine in the
prifoner^s premifcs (hal! be conclufive to all parties: and if, after payment
eitate, after ^f ^w fy^h prifoner's creditors, there fhall any of his eftate and
dairns n^lre- ^^^^^ remain after payment of all reafonable charges, the fame
on, to go to fnallbe paid to fuch prifoner, his executors or adminiftrators.
the priioner. XIII. Provided further, and be it alfo enaded, That no fuit
N fait in ^^^ equity fliall be commenced by any affignee or alTignees of any
equity to be ^^^^^ prifoner's eftate and effe^s, without the confent of the,
commenced, major part in value of the creditors of fuch prifoner, who (hall
but by content meet together purfuant to a notice to be given in the London Ga*

i"! vlunfthe ^'^^' ^^^ ^^^^ purpofe.

creditors. XIV. And be it further enadled by the authority aforefald.

Clerk ofthe That the clerk of the peace, town clerk, or other officer a6ting
peace to exhi- as clerk of the peace of every refpedlive county, city, and county
bit to the ere- town, and county riding, divifion, cinque port, liberty, and
ciuor, or his place, with whom any fchedules of the e(lates of any infclvent
payTen^tof I's'! ^^^^^^^ *^^ debtors, fugitive or fugitives, (liall be left, and his
tliefcheduleof fucceffors, clerk of the peace, town clerk, or other officer, ailing
the prifoner's as clerk of the peace as aforefaid, (hall, on the reafonable requeU
ettate and ef- of gi^y creditor or creditors of fuch infolvent debtor or debtors,
fects. fugitive or fugitives, or his or their attorney, produce and (liew

to fuch creditor or creditors, or his or their attorney, in the day-
time, the fchedule of the eftates of any fuch infolvent debtor or
debtors, fugitive or fugitives, which ihall be left with any fuch
clerk of the peace, town clerk, or other officer a6ling as clerk
of the peace, or his predeceffor in that office; the perfon fo re-
quiring to fee and perufe any fuch fchedule paying or tendering
to the clerk of the peace, town clerk, or other officer ading as
clerk of the peace, in whofe cudody any fuch fchedule (liall be,
or his deputy, the fum of one fliilling for his trouble in fearching
for, and looking out, fuch fchedule, and attending whilft the
fame be perufed by the party or parties requiring to have the
AtteHedccpy famelooked out, and to perufe the fame : and that a true copy of
thereof to be ^vcry fuch fchedule, figned by the clerk of the peace, town clerk, ,
g» anted, ^^ other officer ading as clerk of the peace, in whofe cuflody

the fame fhall be, or his deputy, purporting the fame to be a true
copy of fuch fchedule,wiihout being wrote on ftamped paper,(and
for which copy no more fliall be paid than fixpence by the (lieet,
each fheet to contain feventytwo words^ and lb in proportion for

a

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1 774-1 Anno decimo quarto Georgii III. c.77, 465

a lefs number of words in any theet,) rtiall, at all times, be ad- which (hall b$
mitted, in all courts whatfoever, as legal evidence of the fame : evidence in all
and if any clerk of the peace, or his deputy, town clerk, or other ""^^^^^^'^^ ^^^
officer aaing as clerk of the peace, fhall, on reafonable requeft ^^^^^ retufing
as aforefaid, neglect or refufe to produce to any fuch creditor or to produce
creditors as aforefaid, or his or their attorney, any fuch fchedule as luch fcbedule,
aforefaid, and to permit the fame to be infpeded as aforefaid, in ^r to ddu^er a
the day-time, on fuch payment or tender as aforefaid being made or^fai^^iffg^^x-
to him ; or (hall a(k or take more than after the rate of fixpence orbitant fees
by the fheet, each fheet to contain feventy-two words, and (o in tor the lame, ^
proportion for lefs than feventy-two words in a fheet; or fhall
refufe to make and deliver a copy of any fuch fchedule, on being
requefted as aforefaid fo to make the fame, and having the money
tendered to him for payment of fuch copy, after the rate afore-
faid ; fhall, for every fuch offence, forfeit and pay the fum of ten forfeits loK
pounds; which (liall and may be fued for and recovered in any and treble
of his Majefty's courts of record at Wefltninfter^ by adion of^^^^l^^j
debt, together with treble cofts of fuit, in the name of any perfon
who (hall profecute for the fame : and one m.oiety of which mo- one moiety to
ney forfeited (hall, when recovered, go to the party who profe- ^^^^l^^^^^}^^*
cutes for the fame, and the other moiety thereof to the poor of to the^poor^of
the pari(h in which the offence (hall be committed. the panfh.

XV. Provided always, and be it enadted. That before fuch Affignees of
time as any affigriee or affignees as aforefaid fhall enter on, or copyhold and
take any profit from, any copyhold or cuftomary eftate as afore- <^^^^omary
faid, he or they fhall agree and compound with the lord or lords poumj»Iith^tTe
of the manor or manors of whom the fame (ball be holden, for lordof the
the payment of fuch fine or income as, upon any furrender and manor,
admi(rion thereto, hath heretofore been mofi ufually accufl:omed

to be paid ; and that upon every fuch agreement or compofition, and to be ad-
the faid lord or lords for the time being, at the^next court, or mitted tenants
fome fubfequent court, which fhall be holden for the faid'manor ^^^reupon.
or manors, after fuch agreement made, (hall admit fuch affignee
or affignees tenant to fuch copyhold or cuftomary premifes, ac-
cording to the cuftom of the faid manor or manors of which the
fame fhall be holden, for and during fuch eftate and intereft as
the prifoner had therein at the time of his or her being difchargeci
as aforefaid, referving the rents, duties, hcriots, cuiloms, and
fervices, payable and to be rendered in refpect of the faid copy-
hold or cuftomary "premifes.

XVI. Provided alfo, That nothing herein contained fhall ex- The prifotier's
tend to prejudice or affect any eflate or intereft, or right what- ^'^S^'',^ ^J^^ ^"v
foever, of any other perfon or perfons, other than the faid prifon-er to be af^-n d
or fugitive which may be expedlant upon or fubjed unto the eftate by this a"^L
or interefi: of the faid prifoner or fugitive hereby veiled in the faid

clerk of the peace, town clerk, or other officer ading as clerk of the
peace; but that the eftate, inrereft, and right whatfoever, of every
other perfon and perfons, (hall remain, continue, and be faved to ^^t -^f ^f,?^^*
them, in the fame manner as if this ad had not been made, ^1^ ^^ j.^j^g *

XV IL Provided alfo, and be it enaded by the authority afore- p1ac« prefer-
faid. That nothing in this acl fhall extend, or be conftrued to able to claims
hinder or prevent, any mortgage or mortgages upon the eltate of ^^ aivinferior

fuch

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4^4 Anno decimo quarto Georgii III. G.77. ' [1774-

fuch prifoncr or prifoners, or any part thereof, to take place up-
on ti)e lands, tenements, or hereditaments, comprifed in fuch
mortgage or mortgages refpedively ; nor to prevent any ilatute-
flaple, flatute-merchant, recognizance, or judgment, acknow-
ledged by or obtained againft any fuch prifoner or prifoners, to
lake place upon the lands, tenements, or real eftate of fuch pri-
foner or prifoners; and alfo where any inquifition fhall have
been taken upon any fuch ftatute or recognizance, or any writ or
execution lliall have been taken out and delivered to the (lierifF
or proper officer, upon any fuch judgement, before fuch difchar^e
Ihall be given in open leflion to any fuch perfon as aforefaid, the
perfonal eftate of every fuch prifoner refpectively (hall be fubjeel
thereto, in the lirft place, for fo much as /hall remain due upon
fuch mortgage, (latute, recognizance, or judgment refpedively,
in like manner as fuch mortgagees and creditors, by ftatute, re-
cognizance, or judgment, would have been preferred toother
creditors of an inferior nature, againft the real or perfonal eftate
of luch prifoner and prifoners refpedively, if this ac^ had not
been made ; any thing herein-before contained to the contrary
thereof in any-wife notwithftanding.

XVIII. Jhid zuhereas many perfons who may he intitkd to, and
claim the benefit of, this a 51^ are f el fed and poffeffed of lands, tene-
wenti, and hereditaments, to hold to fuch prifoners for the term of their
natural lives, with poiver of granting leafs, and taking fines, referv-

■ ing fmall rents on fuch efates, for one ^ two, or three lives, in pof-
fcfiion or rt:verfion, orforfome number of years determinable upon

■ lives, which f aid powers ought to be executed for the benefit of the cre^
ditors of fuch prifoners-, be it therefore enaded by the authority

Power m the aforefaid. That in every fuch cafe, all and every the powers of

feaf^'^^lands ^^'^^^^^^g {\^'z\i lands, tenements, and hereditaments, which are or

&c. to veil la ^"Jsll be vefted in any fuch prifoner or prifoners, as aforefaid,

the aflignees. Ihall be, and are hereby vefted in the allignee or aflignees of the

real and perfonal eft ate of fuch prifoner, by virtue of this a6l, to

be by fuch afTignee or aflignees executed for the beneht of all and

every the creditors of fuch prifoners as aforefaid,

XIX. And vjhereas, in fome gaols or prifons in this lingdom, the
office of gaoler or keeper is held in fee for life, or otherivife, by perfons
zvho never a5l as gaolers or keepers themfehes, or know .any thing of
the prifoners therein, but depute or employ fome perfon or perfons un-
der them a: gaolers or keepers of fuch gaols or prifons ; be it tl)erefore
The a6iin^ enacled, That, in every fuch cafe, the perfon who (liall have
gaoler ac the been aduaJly employed, and ac5ted as deputed gaoler or keeper
time of deli- ^f a^y fy^j^ ggol or prifon, at the time of delivering in the lifts,
venngthelifts, j^gj-^^y (jjredled to be delivered in, of prifonqrs in any fuch gaol

only liable to .-f- , r rr r i r A

b€ fworn. <^^ pnion at any general quarter ieliion ot the peace, or lome ad-
journment thereof, and not the principal-gaoler or keeper, (un-
lefs where fuch principal gaoler or keeper Ihall a6f as gaoler or
keeper himfelf,) fhall take the oath herein-before appointed to be
taken by the gaoler or keeper of every fuch gaol or prifon.
Court, if re- XX. And be it further enaded by the authority aforefaid,That
quired by a the juftices, at any general quarter fefflon of the peace, or ad-
ci editor op- jouru-

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J774-] Anno declmo quarto G^oRGli III. Q-^^. 465

journment thereof, to which any prifoner diall be brought in poflng the pn-
purfuance of this a6l, fliall, if required by any creditor or creditors doner's dif-
of any fuch prifoner or prifoners, who (hall oppofe his or her ^^'^^S^' ^s to
difcharge, admmilter, and give to the gaoler, or tne perlon who following oath
a61s as gaoler or keeper of any fuch prifon, at the time of bring- tothegaoler*
ing up any fuch prifoner, in order to be difcharged under this
ad, an oath to the follovv^ing eifeds (that is to fay,)

I A. B. do fwear^ Tliat was really and truly The oath.

a prifoner in my cujlody^ in the prifon of
to the heft of my knowledge and beliefs at or upon the twenty-eighth
day ^/ April, one t houf and f even hundred and feventy -four \ and that
the copy or copies of the caufe or caifes of his or her commitment or de-
tainer^ noiv hy me brought ivith the body of the f aid
and produced to this courts is or are a true copy or copies of the caufe
or caufes of fuch detainer or commitment^ zuithout any fraud or deceit
by me or any other per f on ivhatfoever^ to the beft of my knowledge and
belief.

So help me G O D.

And If any perfon who was gaoler or keeper, or deputed gaoler if fuch perfoa
or keeper, of any fuch gaol or prifon on the faid twenty-eighth fl^all not have
day o{ Aprils one thoufand itvtv^ hundred and feventy-four, or t>eenthe g^aoU
fince, (hall not happen to be the gaoler or keeper, or deputed ^g^" ^^1
gaoler or keeper, of any fuch gaol or prifon, at the time any fuch then the'fol-*
lift as aforefaid is hereby required to be delivered in, t^cxtvi the \o^^'\ng oath is
juftices, at any fuch feflion, or at any adjournment thereof, may ^? ^^ admi-
and are hereby required to adminiller, and give to the refpedive [J|^ ^ ^^
perfon or perfons who (hall be gaoler or keeper, or deputed
gaoler or keeper, of any fuch gaol or prifon, and deliver in any
fuch lift as aforefaid, at any fuch general or quarter feftion, or
any adjournment thereof, an oath, touching the commitments,
or books of commitment of any fuch prifon, to the effed fol-
lowing; (that is to fay,)

A. B. do fwear^ That I have examined the commitments or books '^^^^ oath,
kept of or concerning the cominitment of prifoner s to the prifon of
in the [county, riding, divifion, city, town,
place, or liberty of as the cafe ihall be ;] and

that I do verily believe that the faid commitments^ or books of com^
miiment^ are really true and not fi^fitious^ nor calculated for this pur*
pnfe ; and by them it doth appear^ that

was on the nventy- eighth day ^/ April, otie thoufand f even hundred
4ind feventy-four^ really and truly a prifoner in the a^ual cuflody of
the then gaoler or keeper^ or deputed gaoler or
keeper^ of the faid prifon^ without fraud or deceit hy me^ or any other
perfon or perfons to my knoivledge and belief.

So help me GOD.

XXI. Aud^ in order to difcover a?jy frauduknt entries or commit-^

ments

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466 Anno declmo quarto Georgii III. c. 77, [1774;

fne?tts ofprifoners in any gaol books, be it further enaded by the au-

S bv'a' ^r""^^'^ aforefaid, That the-juftices, at any general quarter fefTioa

creditot, may ^* ^^^ P^^^^^> ^^ ^"Y adjournment thereof, are hereby authorifed,

fummon the ^t the requeft of any creditor or creditors of any prifoner, to

perfon who convene before them, at fome certain time to be apfbointed' by

^^^^'^P^^^^^i^em, any perfon or perfons who was or were gaoler or keeper,

xy^A^orfince, °^ ^^P^ted gaoler or keeper, of any gaol or pnfon within their

refpedive jurildiaions, on the faid twenty-eighth day of 7//)n7,

one thoufand feven hundred and feventy-fou^, or at any time'

and examine f^ce ; and to examine every fach gaoler or keeper, or deputed

th'J'coTmk-^ Ssoler or keeper, on oath, touching the commitment and ponti-

meat and con- ^"^"^^ ^^^ cudody of any iuch prifoner, as the juftices, at any

tinuance in fuch genera] or quarter fefhon, or adjournment thereof, fhall

cuftody of the think fit: and if any flieriff, gaoler or keeper, or deputed gaoler

GliJle/dif- ^^ keeper, (hall neglea or refufe to bring before fuch juftices, at

obeying the ^^Y ^effion of the peace, or adjournment thereof, any prifoner,

warrant or or- as (hall be dire6ted and required by warrant of anyjuftice or

derof the juilices as aforefaid, or to attend on being fummoned for that

fe?rs*i*ot?with P^^PO^'^' ^^ ^^ ^^Y gaoler or keeper attending fhall refufe to make

treble coils, ^f^^^er and difcovery in the premifes, as aial] be reafonably re-

quired at fuch general or quarter feffion, or any adjournment

thereof, he, fhe, or they, fo offending in the premifes, fhall, for

every fuch offence, forfeit and pay the fum of one hundred

pounds; to be recovered by, and in the name, and for the ufe

of, the party injured, by action of debt, to be brought in his or

her name, in any of his Majefty's courts of record at Wejhjnn^

Jler^ together with treble cofts of fuit.

XXII. And whereas a great ?2umber of workmen^ JkUful in the
fiveral trades and manufaBures of this kingdom, and afomany able
jearnm and mariners, f riding themfelves unable to fatisfy the whole of
their refpe^iive debts, and dreading the miferies of a gaol, have chofe
to leave their employments and native coufitry^ and have entered them*
fives in foreign jer vice : and zvhereas their continuance abroad muft be
of great prejudice to the trade of this kingdom ; in order therefore to
induce and enable fuch perfons to return, be it enacled by the autho-
Debtors who ^^^Y aforefaid, That ail and every debtor and debtors, who was
were beyond or were ac51:ually beyond the feas, in foreign parts, on the faid
thefeason twenty-eighth day of April, one thoufand feven hundred and
f^r' '^?;'^^'^' feventy-four, and did not go into fuch foreign parts with a view
th'emfelver,'^ or intent to gain or have the benefit of an infolvent debtor's a6f,
may take the who fhall return and furrender himfelf or themfelves, within
benefit of this fourteen days next immediately after his or their landing in Eng^
^^* land, unto the gaoler or gaolers, keeper or keepers, o^ the prilons

of the King's Bench, Marjhalfea, or Fleet, or to the gaoler or
keeper, or deputed gaoler or keeper, of the prifon or prifons of
fuch county, city, town, riding, diviiion, liberty, or place, where
fuch debtor or debtors lafl dwelt for the fpace of fix months,
(which faid gaoler or gaolers, keeper or keepers, is and are here-
by required and impowered to receive and detain, fuch debtor or
debtors, furrendering as aforefaid, in order to their difcharge, as
herein-after mentioned,} and who, from and immediately after

fuch

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I774-J Anno decimo quarto Georgii IIL c. 77; 467

fuch furrender, cio continue in adual cuftody of fuch gaoler and
gaolers, keeper or keepers, until the time of his difcharge, (hall
be deemed a prifoner or prifoners within, and be, to all intents
and purpofes, intitled to the benefit of, this 2S: ; and (hall upon
due proof of the faid premifes, by the oath of fuch debtor or
debtors, (not difprovcd by any credible witnefs,) be difcharged
in the fame manuer as if he, (he, or they, had been adually in
prifon on the faid twenty-eighth day oi Aprils one thoufand it'^tD,
hundred and feventy-four, and continued therein as aforefaid ;
fubjed neverthelefs lo the fame re{lri6tions and proviiions, and upon the fame
a compliance with the like terms, conditions, and qualifications, ^^^"^^ ^^ other
herein-before impofed upon the faid prifoners adlually in cuftody P'^^^^"^^'^'
upon the faid twenty-eighth day oi Aprils one thoufand itvQw
hundred and feventy-four, and alfo fubje6l to the terms and
provifions relating to the eflate and effects of fuch prifoner, as
aforefaid ; excepting only fuch particulars thereof as require the exceptlngfuch
name of a prifoner to be inferted in the gaoler's or keeper's lift, particulars,
as aforefaid, or relate to the oaths of fuch gaoler or keeper here- ^^'herein the
in-before appointed to be taken ; which particulars cannot pof- ^iffg^*^ °^
fibly be applied to the cafe of perfons furrendering themfelves as
aforefaid; and alfo except the faid o^th herein-before appointed
to be taken by prifoners in cuflody upon the faid twenty-eighth
day of Aprils one thoufand {t^txi hundred and feventy-four;
inftead whereof the perfon or perfons fo furrendering fliall take
an oath, in open court, at fome general or quarter feflion of the
peace, or fome adjournment thereof, of the county, city, town,
riding, divifion, place, or liberty, in the prifon of which any fuch
fugitive or debtor, (hall be held after the furrender of any fuch
fugitive or debtor, to the effisd following ; which the faid juftices,
authorifed to put this a(5l in execution, are hereby required and
impowered to adminifter, in fuch manner as the oaths herein-
before mentioned are to be adminiflered.

IA.B. upon my corporal oath^ in the pre fence of Almighty Gi^i, Fugitive's
folemnly fivear^ protefi^ and declare^ That I was a5lually^ on z'/;^^^^^^-
twenty- eighth day (^/^ April, one thoufand f even hundred and feventy-
four^ beyond the feas in foreign parts \ videlicet, ^^
and that I did^ within fourteen days next immediately after my hnd^
ing^ furrender my f elf to the cuflody of the keeper of
[as the cafe may be,] and that I have ever fence fuch my few render
continued a prifo7ier in his cuflody ; and that the fchedule new deliver-
ed^ and by me fubjcribed^ doih contain^ to the heft of my knoivledge^
remembrance^ and, beliefs a fulf jufl, true^ and perfeB account and
dfcovery^ of all the real efiate^ goods^ effeBs^ and other perfonaleftate^
in any-zvife belonging to me\ and oJfo of all fuch debts as are 'to rm
owing^ or to any perfon or perfons in truft for me ; and of all the fee-
curities and contrar^s zvhereby any money noiv is^ or zuill or may here-
after become payable J or zvhereby or wherejrom any ben eft or advan-
tage may accrue to me^ or to my ufe^ or to any other perfon or perfons in
iruflfor me\ and the nanus and places of abode of the fever al perfons -
from zvhom fuch debts are due and owing -^ and of the ivitnejfes'that
Vol, XXX. I i ^ can

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468 Anno decimo quarto Georgti HI. c.77. [1774*

can prove fuch debts or contra5fs^ [if any fuch there be;] and that
neither /, nor any perfom in irufl for me^ is or are feifed of any real
cjlatc in pojfeffion^ reverfwn^ or remainder^ or expetiancy^ or of any
perjonal ejlaie of any kind whatfoever^ other than what are in the f aid
Jchedide contained ; except my wearing oppa^eU d'l^d bedding for myfelf
and family^ my luorking tools, and neceffary implements for my occu-
pation and callings together with a fum of money not exceeding forty
jhillings^ and not exceeding in the whole the value of tiuenty pounds ;
and that I have not dire^ly or indire^ly^ fold^ lejfened^ or otherivife
conveyed^ difpofed of in iriiji^ or concealed^ all or any part of my real
ejlate^ money ^ goods^ chattels^ Jlocks^ debts^ fecurities^ <ontra5is-i or
perfonal ejl'ate whatfoever^ whereby to fecure thefame^ fo as to receive
or expe^ any profit or advantage therefrom to myfelf or family ^ or with
any vietv^ intent^ or defgn^ to defraud or deceive any creditor or cre^
diiors^ to vuhom I am indebted in any~wife howfoever^ or prevent their
recovering or attaining their refpe^ive debts.

So help me GOD.

Fugitives ar- XXIII. Provided alfo, and be it ena6led, That if any fugitive
reited, intend- if^i^ending to furrender to the terms of this ad, (hall, within the
def tobe^i^nti'- ^P^^^ before mentioned of fourteen days, be arrefted in any fuit
tied to the be- or adion, whofe caufe of adlipn accrued before the faid twenty-
neftt hereof, eighth day of Jpril^ one thoufand feven hundred and feventy-
four, fuch fugitive giving notice (as before direded) to any juftice
of the peace at the next general quarter feflions, and in all other
refpedls complying with the terms and conditions of this adl, (hall
be intitled to the benefit of the fame; and every (herifF, bailiff,
or officer, gaoler or keeper of a prifon, in whofe cuftody fuch
fugitive (hall be detained, fhall conform him or themfelves to
the diredions of this a6t, in like manner as before mentioned.
XXIV. And be it further enaded by the authority aforefaid.
Gaoler; and That if any gaoler or keeper of any prifon, or his deputy or de-
p. inter of the puties, Qiall, without juft caufe, to be approved of by thejuftices
Gazette, or ^^ fome general quarter feiTion of the peace, or adjournment
^aper,"not^' thereof, within their refpc6live jurifdidions, refufe or delay to
complying bring any fuch prifoner or prifcners as aforefaid to any fuch ge^
with tiie rcgu- neral quarter fedion, or fome adjournment thereof, in order to
lations in this j^j^ ^^, ^^^^ difcharge; or (hall negle6l, refufe, or defignedly omit
aa, forfeit ^ to infert, in any fuch lift, the name or names of any fuch pri-
p°iTrmfers,with foner or prifcners who was or were adually in cu(tody in his or
treble cofts of their refpe6live gaol or prifon on the faid twenty-eighth day of
luit. Jpril^ one thoufand fevcn hundred and feventy-four, or fince ;

or Qiall negledt or refufe to make out, fix up, or deliver fuch li(l$
as aforefaid; or if any fuch gaoler or keeper, or deputed gaoler
or keeper, (hall negled or refufe to take any of the faid oaths be-
fore mentioned, and hereby required to be taken by him; or
(liall, upon any account or pretence whatfoever, take or receive
more than the faid fum of one (hilling herein-before allowed for
his or her attendance, in order to be difcharged of fuch prifoner
or prifoners as aforefaid; or (hall detain any fuch prifoner after
he or ihc (hall be difcharged as aforelaid , or if the printer of the

London

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1774-] Anno decimo quarto GeoRGII III. c. ']T. 4(39

London Gazette^ or other newfpaper, as aforefaid, (hall wilfully
refufe or negledl: to infert therein the name, trade, occupation,
and Jaft place of abode, of fuch prifoner, on reafonable requeft to
him made for that purpofe, and tender of the money hereby di-
reded to be paid; or (hall take, or receive any fee or gratuity
more than two-pence, as aforefaid, for doing thereof; every fuch
gaoler and keeper of fuch prifon or prifons, his deputy or depu-
ties, and every fuch printer as aforefaid, (hall refpedively forfeit
and pay to each prifoner, in any fuch cafe injured, the fum of
one hundred pounds; which (hall and may be recovered, with
treble cofts of fuit, by aciion of debt, bill, plaint, or informa-
tion, in any of the courts of record at Wejlminjler^ wherein no
eflbin, prote6tion, or wager of law, or more than one imparlance,
(liall be allowed.

XXV. And beitfurtherenaaedbytheauthontyaforefaid,That ^^^^l^^'^l^^
if any fuch gaoler or gaolers, or keeper or keepers^ or any deputed -^Jl: ^^ forfeits"
gaoler or keeper of any prifon, (hall, in taking o^ the afore-men- ^ooL with full
tioncd oaths, forfwear or perjure hi mfelf, and (hall thereof be colts of liiii:,
lawfully Convicted, fuch gaoler or keeper, or deputed gaoler or^^»
keeper, of fuch prifon or prifons, (over and above fuch penalties

as may be inflicted on perfons convicSfed of perjury,) fhall, upoa
every fuch conviction, forfeit and pay the fum q\ iive hundred
pounds ; to be recovered, with full cofts, by bill, plaint, or in-
formation, or a6tion of debt, in any of his Majefty's courts of
record at Wejiminfter^ wherein no effoin, protection, or wager
of law, (hall be allowed, by and in the name of fuch perfon or
perfons, his or their executors and adminiftrators, to whom any
aflignment or conveyance, in purfuance of this ad, (liall be made ^^^ nioiety to
of the eftate and effeds of fuch prifoner or prifoners; and ir" ^^J^^^l^^^^^^^^^^^^^
no fuch a(rignee or affignees ihall be living, then, in the name rhe ochtrto-
or names of any other creditor or creditors who fliall fue for the wards (aricfj'V
faid penalties ; to be applied, one moiety to the informer or in- i"g ^ht debrs
formers, and the other moiety towards fatisfaclion of the debts j.^^^^.^^^^ credit
of fuch his creditor or creditors.

XXVI. And be it further enacled. That if any clerk of the Clerk of the
peace, or his deputy, or town clerk, or other officer aclmg as [^(^^^"^I'p^'^"^
clerk of the peace, (hall delay or refufe to give every or any fuch copy oF his dif-
prifoner, fo difcharged as aforefaid, within fourteen days after chaige 5

his or her difcharge, a copy of the order of his or her difcharge,
on the payment of two (hillings and (ixpence ; or (liall take more or taking ex-
than the faid fum of two (hillings and fixpence for fuch copy ; or orbirant lees
ihall take more than one (liilling for an allignment or conveyance ^°^ ^^^^ fame^
of fuch prifoner's eftate or effeds ; every fuch clerk of the peace, ^l^l'^\ aiiign-
or his deputy, or town clerk, or other officer a6ling as clerk of the prtconer^s ef-
peace, who ihall fo offend, and who (hall be con v idled at any fuch rate and ef-
genera) or quarter feffion of the peace, or any adjournment there- '^"^-^ ;
of, of any fuch offence, (hall, for every fuch offence, forfeit and ^ ^^'^^^f,.^^^,/''^
pay to every fuch prifoner the fum of twenty pounds, as the ^ '' ^^ **
jultices of the peace, at any fuch general quarter feffion of the
peace, or adjournment thereof, fhall orders and who are hereby
impow.ered to caufe the lame to be levied by diftrefs and fale of

I i 2 ihe

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47^ -^^^^^^ decimo quarto Georg-II III. c. 77. [1774.

the goods of any fuch clerk of the peace, or his deputy, or town

clerk, ^or^other officer a^ing as clerk of the peace, fo offending.

XXVII. And be it further enaded by the authority aforefaid,

Prifoner con- That if any priioner as aforefaid, or any other perfon or perfons

''uf ^fotiff-r' "^^^^ ^"^^^^ ^^^^ ^^^^ ^^"^^^^ ^^ ^^^^^ ^^' ^^^^ forfwear or perjure
as'afelon/^ himfelf, herfelf, or themfelves, in any oath to be taken under
this a6l, and Pnall be lawfully convided thereof, he, (he, or they,
fo offending, fhall be adjudged a felon, and fuffer as fuch, with-
out benefit of clergy.

XXVIII. And be it further ena6led by the authority afore-
Perfondir- fai^^ ^I'^^^t no perfon to be difcharged by this ad (hall, at any
charged by time hereafter, be imprifoned by reafon of any judgment or de-
this aft, not q^qq^ obtained for payment of money only, or for any debt, da-
of debrt S^ niages, contempts, cofts, fum or fums of money, contraded,
contraaedbe- incurred, occafioned, owing, or growing due, before the faid
fore 28 April, twenty-eio;hth day of Jpril^ one thoufand feven hundred and
*774- fev^nty-four j but that upon every arreft upon every judgment,

or fuch decree, or for fuch debts, damages, contempts, cofts,
fum and fums of money, it (liall and may be lawful for any judge
of the court where the procefs iffued, upon fhewing the copy of
the order of fuch prifoner's difcharge or difcharges, to releafeand
difcharge out of cuftody fuch prifoner or prifoners as aforefaid;
and every fuch judge is hereby impowered fo to do, on fuch pri-
foner's caufing a common appearance to be entered for him in
every fuch action and fuit.

XXIX. Jnd ivhereas^ under former a^s of this kindj doubts have
mifeji^ lubat was to be done luith fuch prifoners who applied at any
ftffion to be difcharged^ zvho oived and fiood charged with debts^as
well previous as fuhfeqiient to the day limited by the refpe^ive acfs ;
to remedy which, be it therefore ei^aded by the authority afore-
Eutnoprifon- faid. That no prifoner or prifoners fliall be difcharged of any
er to be dil- debts (ubfequent to the tw^enty-eighth day of Jpril^ one thou-

charged o ^^^^^ feven hundred and feventyMOur; and if it (liall appear to
debts lubte- ., . ^. . ^ ^^ -',. ' , }/

nuent to April thejuitices, \n any lellion, or adjournment, that any pnloner or

a8, 1774.. prifoners, then applying to them to be difcharged, fhall ftand

charged as v\ell v^ith debts previous to, as fubfequent to the faid

twenty-eighth day o{ Aprils one thoufand feven hundred and

feventy-four, that, in fuch cafes, it fhall and may fie lawful to and

for the juftices to difcharge him or her of all debts previous to the

faid twenty-eigiith day of Aprils one thoufand feven hundred

and feventy-four, and to remand him or her back to the cuftody

ot \\\z keeper of the prifon from whence he or file was brought,

for all debts with vvhich he or (he ftands charged with in his

cu?io(S^^^ fubfequent to the faid twenty-eighth day oi Aprily one

thoufand kven iiundred and feventy-four.

]y.(\\ces. (lie. XXX.. And be it further enaded by the authority aforefaid,

^ ; ^'^^ That if any action of efcape, or any fuit or action, be brouo-ht

P'tad r his act a^alnft any juftice orjuiliccs o^ the peace, iheriff, gaoler, or

t( any c-icticn keeper of '^ny prilon, for performing their office, in purfuance of

of eTcape, or ^j^jg 2ic\^ they may plead the general iilue, and give this ad" in

'"' *~*'"".''^'^^ evidence; and if the plair.t'iT be nonfuiicd, or difcoatinue his

adtion.

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1 774-1 Anno.declmo quarto Georgii IIL c. 77. 471

adjon, or verdict pafs a2;ainft him, or judgment upon demurrer, ^nd recover
the defendant (hall have^reble cods. ^'""^'^^ ''''^^''

XXXI. And be it further enaded by the authority aforefaid, Perfons dif-
That if any Scire Facias^ or adion of debt, or upon judgment, charged may
fhall be brought ao;ainft any prifoner, his or her heirs, executors, ?^^^.^ general-
or admmiltrators, upon anyjudgment obtamed agamit any iuch a6h'ons or
prifoner, or on any Ptatute or recognizance acknowledged by him judgments
or her, before the faid twenty-eighth day of Jpnl^, one thoufand brought a-
kvQn hundred and feventy-four, with refped to prifoners in ac- ff^^'^^ a^"^?
tual cuftody, or with refped to debtors beyond the feas, as afore- ^g ^Ijja ^&c»
faid, upon the faid twenty-eighth day oi April ^ one thoufand
feven hundred and feventy-four, it fhall be lawful for any fuch
prifoner, his or her heirs, executors, or adminiftrators, to plead
generally that fuch prifoner was adually a prifoner in fuch prifoa
at fuch a perfon's fuit, or was or were beyond the feas in foreign
parts on the faid twenty-eighth day of Aprils one thoufand feven
hundred and feventy-four, and was or were duly difcharged, ac-
cording to this ad, at the general quarter feflion, or adjournrrient
thereof, held at fuch time and place, for fuch county, riding,
divifion, liberty, city, town, or place, (as his, her, or their
cafe is,) without pleading any matter fpecially 5 and in cafe any and in other
other fuit or adion (hall be commenced againft him, her, orfuits, may
them, for any other debt, fum or fum.s of money, due before plead in dif- ^

the faid twenty-eic^hth day of Aprils one thoufand feven hun- ^^^J^S^°J^^"*^^^
I J AC ^ (^ 1 J • vr 1 ri • I r peFlons from

clred and leventy-rour, to plead m dilcharge or his or her perfon execution.

from execution, (over and above fuch matters as aforefaid,)
that fuch debt or fum of money (as the cafe (hall happen)
was contraded or due before the faid twenty-eighth day oi Aprils
one thoufand feven hundred and feventy-four, without pleading
any other matter fpecially; whereto the plaintiff (hall or may Plaintiff mav
reply generally, and deny the matters pleaded as aforefaid, or f^J^'S^"^^*^!-
reply any other matter or thing which may fnew the faid de- ■^'' '
fendant not to be intitled to the benefit of this ad, or not duly
difcharged according to it, in the fame manner as the plaintiff
might have replied, in cafe the defendant had pleaded this ad,
and his difcharge by virtue of this ad, fpecially; and if the but if non-
plaintiff be nonfuited, difcontinue his adion, or verdid pafs ^^''^^^> is to
againft him, or judgment on demurrer, the defendant to" have ^^^y^^^^^
treble coils.

XXXIL Provided always. That nothing in this ad contained Attornies or
fliall extend, or be conftrued to extend, to releafe or difcharge (ervants em-
any attorney at law, or folicitor, or any other perfon or perfons ^^zzlingmo-
ading or pretending to ad as fuch, with regard to any debt with cludedVhe be-
which he or they (hall ftand charged, for any money, or other nefit of this
effeds, recovered and received by him or them, for the ufe of a(^,
any perfon or perfons, bodies corporate or politick, and by any
attorney, folicitor, or other perfon or perfons ading as fuch,
embezzled, concealed, or converted, to his or their own ufe; or
to releafe or difcharge any fervant or agent, or any perfon or
perfons employed or entrufted as fuch, with regard to any debt
pr demand vs'ith which he, (he, or they, (hall ftand charged, for

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47^ A^^o decimo quarto GsoRGii 111. c. 77, [1774.

and on account of any money, goods, or other efreas, received or
poffefled by him, her, or them, for the ufe and on account of
his, her, or their mafter or mafters, or employers, and by fuch
fervant or agent embezzled, concealed, or converted to his, her,
or their own ufe; any thing herein contained to the contrary
thereof in any-wife notwithftandin^;.

XXXIIL And be it further enadled by the authority aforefaid^

Gaoler to per- That every gaoler or keeper of any prifon (hall, and is hereby

nit the fpeak- required to fufFer, in the day-time, any perfon or perfons defiring

ing in private the fame, to fee and fpeak^ in the lodge, or fome convenient

ll^ho'b names ^^^^ ^^ ^^^^ ^^^^ prifon, with any prifoner or prifoners, whofe

are inferted in names are inferted in the afore-mentioned lift or lifts, or London

the lilt, or Oa- Gazette^ or other newfpapcr, or any of them, or any perfons fur-

zette, &c. rendering themfelves purfuant to this a6l ; and alio fee, in the

^"inin^^ IhT ^^"^ ^"^ genuine books of the faid prifon, the entries made of the.

original books "^me or names of fuch prifoner or prifoners, together with the

of Entries, &c. name or names of the perfon or perfons at whofe fuit or fuits he,

on penalty of ihe, or they, are detained : and if any fuch gaoler or keeper fhall

40I. withcofts j^egle6l or refufe to comply with what is here above required,

every fuch gaoler or keeper, who ft^all {o offend in the premifes,

Ihall forfeit and pay to the perfon fo refufed and aggrieved the

fum of forty pounds ; to be recovered, with cofts of fuit, by a6tion

of debt, billj plaint, or information, in any of the courts at JVeJl'

nnrifter\ wherein no eftbin, prote6lion, wager of law, or more than

one imparlance, (liall be allowed, by and in the name or names

of the perfon or perfons fo refufed and aggrieved.

XXXIV. Jnd whereas fever al perfons who have taken the benefit
cf atis of infolvency\ from a difficulty of obtaining a new credit to fet
themfelves up in their ufual trades and occupations^ (as their future
effects have been made liable to their debts previous thereto^) have gone
abroad^ for the better mainte^iance of themfelves and families ^ carry-
big the art sand manuf azures of this country to our enemies^ or rivals
in trade : in order to prevent fuch evil for the future, be it en-
piifoners ^\i- acTted, That the future real eftates, as v^ell freehold and copy-
ture eitate, or j^q]^j^ gg cuftomary copyhold, or money in the funds, or lent
funds^not- upon real fecurity only, of every fuch perfon or perfons, pri-
wirhlt'anding foner or prifoners, fugitive or fugitives, which, after the time of
their pcrfonal his, her^ or their total furrender of his, her, or their eftates and
4^Ucharge, ha- efFeds, under fuch a61s, he, ftie, or they, ftiall or may be feifed
b'.eto crt i- ^^^ j^ j.^jg^ 1^^^,^ ^^ their own right or ule, by grant, demife, or-
purchafe, fhall remain and be liable to his, her, and their re-
vjho may fue fpedtive creditors, as before the making of this ad : and any cre-
outexecution» ditor or creditors of any fuch prifoner or prifoners, fugitive or
butnotagainll: fugitives, may, at any time hereafter, fue out execution, extents,
their perions, Qti-.er procefs, ao;ainft fuch real eftate as aforefaid of fuch per-
feih obtained fo^"^ or perfons, on any judgment at the time of fuch difcharge
fince their dif- recovered, or ftatute ftaple, or recognizance acknowledged by,
charge. or fentence or decree obtained againft, any fuch prifoner or fu-

gitive; but not againft his, her, or their perfon, or his, her, or
their perfonal eftate or effeds, obtained or accrued fince fuch
tinie of fuch difcharge, other than as aforefaid.

XXXV. And

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1 774-1 Anno deciino quarto Georgii III. c, 77. 473

XXXV. And be it alfo enaded. That any creditor or credi- Creditors may
tors of any prifoner or prifoners, fugitive or fugitives, who fjiall ^'^e ^or fhe re-
be difcharged under this ad, may, at any time after any fuch dif- ^^J^^J^ ^h^e^^^^
charge, commence and profecute any adion or fuit againft any ^.-.j^e^^f ^he
fuch prifoner or fugitive, his, her, or their refpecflive heirs, exe- pnToner'c dif-
cutors, or adminiftrafors, for the recovery of any fum or fums charge,

of money which fhall he due from any fuch prifoner or prifoners,

fugitive or fugitives, at the time of his or her faid difcharge, but

fhaJI not hold the perfon of any fuch prifoner or fugitive to fpe- ^^^ "^fon^er^t

cial bail ; nor (hall take the perfon, or perfonal ellate and effedls, fpecial bail|^

ether than as aforefaid, of any fuch prifoner or fugitive, in exe- nor take his

cution, by any judgment, fentence, or decree, which (hall have P^r/bn, &c.

been, or hereafter may be, recovered or obtained ao-ainft any fuch ^^ ^"^ ]^^S-

• r r ' ■ J *j r.u r^TL-i ment recover-

prUoner or fugitive; and any judge or the court out ot which ^^ againft

fuch execution fhall ifTue, (hall have power to difcharge the fame, him j

by virtue of this adt: and in any a6fion or fuit, which ^^W ?ind no ^dvd^n-

be hereafter commenced againd any fuch prifoner or fugitive, tage is to be

his or her heirs, executors, or adminiftrators, no benefit or ad- taken of the

vantao-e (hall be had or taken for that the caufe of adion did not ^^^^^°^^*?^^^^

^ . , . , 1 r 1 • r riot accruing

accrue within three years next betore the commencing ot any wirhin three

fuch adion or fuit ; nor (hall any ftatute or limitation be plead- years,

able, or be allowed to be pleaded in bar of or in any fuch adion "^^^^ of the fta-

or fuit, vvhich fhall be hereafter commenced by any fuch credi- J.^^^ of hmita.

tor or creditors againfi: any fuch prifoner or prifoners, unlefs fuch Exception.

caufe of a6lion or fuit did not accrue within three years next

before any fuch prifoner or fugitive (hall be difcharged under

this acl; and, in any fuch cafe, the fame may be pleaded by

any fuch prifoner, his or her heirs, executors, or adminiflrators.

XXXVI. Provided always, and be it likewife enaded. That ^'/^^^^^^^ ^^
by the difcharge of any prifoner or fugitive by force of this a6l, qui'^^af t"°^e*
no other perfon or perfons who was or were partner or partners copanrner or^
in trade with any fuch prifoner or fugitive, at the time of his or fureties.

her difcharge under this acft, or then ftood bound, engaged with,
or liable to, the payment of any debt with any fuch prifoner or
fugitive, or engaged in any contra6l together with any fuch pri-
foner or fugitive, (hall be difcharged from any fuch debt or de-
mand ; but every fuch other perfon and perfons (hall feverally
ftand and be chargeable with, and liable to pay, fqch debt and
debts, and to perform fuch contra6ls, in like manner as if any
fuch prifoner or fugitive had never been difcharged from the
fame.

XXXVII. And be it further enaded, That if any gaoler or Gaoler mak-
keeper, or reputed gaoler or keeper, of any prifon or prifons, i"ff fal(e en-
(hall make, or caufe "to be made, any falfe entries in any book or ^"^^^ ^ V^k
books belonging to any prifon or gaol under his care, or of which Hfts^forfek ^^
he is or was gaoler, or (hall prepare or keep, or caufe to be pre- 500 1. with
pared or kept, any falfe book or books, in order for any falfe or treble cofts,
untrue entry or entries to be made therein ; or (hall infert in any

lift, to be delivered in as aforefaid, the name or names of any
perfon or perfons who was not a prifoner or prifoners in adual
guftody in any fuch gaol or prifon upon the faid twenty-eight^

l'^\ day

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OV€

lot

474- Anno decimo quarto Georgii III. c.77. [1774.

day of ^pril, one thoufand feven hundred and feventy-four, or

(hall not have ever fince remained in fuch adual cuftody, (ex-

cept as in the oath of any fuch gaoler or keeper, or deputed gaoler

randabove ^ ^^H^er, Ihall be excepted,) every fueh gaoler or keeper, or

- other penal- ^^^P^^^d gaoler or keeper, (hall, over and above the penalties

tics rorfuch which he Qiall be liable to for every fuch fraud, forfeit and pay

iraud. the ium of five hundred pounds; to be recovered, with treble

coPcs o\^ luit, by and in the name, and for the ufe, of any perfon

or perlons who ihall be prejudiced by any entry, or fuch falie

entries; which penalties (hall and may be recovered by adion

of debt, bill, plaint, or information in any of his Majefty's courts

of record at lVelhmnftei\ wherein no eObin, protedion, or wager

of law, or more than one imparlance, (hall be allowed

pHfanerrefuf- XXXVIII. And be it further enaded, That if^any prifoner,

th? abode Ix ^^^'^^' thereunto required by any creditor, (hall refufe to difcover

of'the penon' ^"^ declare the trade or occupation, and habitation, orlafl place

at whole fuit ot abode, of the perfon or perfons at whole fuit he or (be is de-

heisdetained, tained or charged in cuftody ; or, being called for and defired,

tL'credkor'hi ^^' ^"^ creditor or creditors, to come to the lodge of the prifon in

the lodge 5 ^^^^^^ ^"y ^^}^^'^ priloner Qiall be confined, without fome reafona-

>3 excluded ble caufe being made appear to the contrary; every fuch prifoner,

J he benefit of upon proof being made thereof before the juf^ices at any general

tins aa. or quarter fefiion of the peace, or any adjournment thereof, to

be held as aforefaid, (hall not have or receive any benefit or dif-

charge by or under this ac^; any thing herein contained to the

contrary thereof in any-wife notwithftanding.

XXXIX. And whereas there is but one common or county gaol for

each of the refpc5lwe counties of York, Lincoln, Lancafier, and

Durham, zvbich fald counties are each of them divided into fever al

ridings or divifions^ all which have fever al commi(fions of the 'peace ;

and if the gaolers of thofe gaols be obliged to carry the debtors^ pri-

fojiers therein^ to the quarter fcjfion of each riding or divifion, the

jame will be a^ very great charge^ not only to fuch gaolers^ but alfo to

the prifoners in thofe large counties-, be it therefore enaded by the

Juflices may authority aforefaid. That it (liall and inay be lawful for two or

cDiivenient moi e juitices of the peace for any of the ndmgs or divifions in

place near to the refpec^cive counties, (or any other county or counties where

either of the the prifons are at a diftance from the place where the feffions are

-*^Th^'ld^a'^' I'Sld,) at the common or county goal thereof refpe6tively, or at

ie'ifion'^there ^^"^^ convenient place near thereto, and they are hereby required

tor diicharge ^o alTemble and meet, and to hold fefficn there, by adjournment

of prifoners. from their refpec^ive quarter fefTion, from time to time, for the

difcharge of the refpective prifoners therein, according to the

powers, limitations, and diredions of this a6l.

XL. Jnd whereas the next general quarter feffion of the peace for

the county <?/ Surrey, which zvill happen after the pajfing of this a^^

zvill be in the county^ and upwards of twenty miles from any of the

fuid prifons; be it therefore enadled by the authority aforefaid,

o'^unr'^^^^^ That it (hall and may be lawful to and for fuch ju(^ices as (hall

)*^e'y m^^alTem-^^ alTembled at the general quarter k^xon of the peace to be

ble at the holden for the county of 'ourrey neju after the pafRng of this 26V,

and

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17740 Anno decimo quarto Georgii DI. c.^]"]. 475

and they are hereby required forthwith to adjourn the faid feffion town hail of
to the town-hall in the borough of Southwark, for the purpofe f^J^^^j.^tej^^^
of adminiftering the oaths required to be taken and fubfcribed o^ths.
by this a6l, by the feveral gaolers within the faid county wherein
any prifoner or prifoners are confined, and to the difcharging
fuch rerpe6tive prifoner or prifoners confined therein, according
to the powers, limitations, and diredtions, of this a6t.

XLI. And be it further enacted by the authority aforefaid, Thofe who are
That ail debtors and others, who were in prifon on or before P^^^'^^^-'^^'^ ^"^^
the faid twenty-eighth day of Jpril^ one thoufand feven hundred other demands
and feventy-four, or fince, in any of the gaols of this kingdom, of the gaoler
and now remain there for not paying their fees, rents, or any or officer, to
other demands due, or claimed, as due to the keeper or gaoler be dKcharged.
of any prifon refped^tively, or to any other oi^cer of any fuch pri-
fon, and upon no other account, (hall be difcharged therefrom,
he, (he, or they, taking the oath by this ad required to be taken
by pri loners.

XLII. Provided always. That this aft (hall not extend to dif- ^^^^f 'J^""^^^'^
charge any perfon out of prifon, feeking his or her difcharge pj.j^Q^gj.gV^j^Q
unuer this ad, with refpedt to any debt with which he or fhe owe above
(hali Rand charged at the fuit of the crown, if the difcharge of ^oooL to one
fuch prifoner is oppofed by council, but if not oppofed, then the per(on, unlefs
faid prifoner to be difcharged, he complying, in all other refpects, confent are
to the dire6lions of this ac5l ; or (hall be charged by any body excluded the
politick or corporate, or by any one perfon, on or before the benefit of this
faid twenty-eighth day of Jpril^ one thoufand feven hundred ^^*
and feventy-four, in any fum exceeding the fum of two thou-
fand pounds, befides intereft and cofts, and whofe difcharge
ftiall be in court oppofed by fuch body politick or corporate, or
one perfon : and if any fuch body politick or corporate, creditor Creditor op-
or creditors, to whom a fum exceedino; two thoufand pounds P^J'"g P''^^*'-^n-
Ihall be owing, (hall oppofe the difcharge of fuch prifoner, and ^^ ^[{^^ |^jj° *
Ihall infift that fuch prifoner be continued in gaol, that then, 3s. 6d, per
and in fuch cafe, fuch body politick or corporate, or creditor or week,
creditors, oppofmg the faid prifoner's difcharge as aforefaid, ihall,
at his, her, or their proper cofls and charges, allow and pay, in
the whole, fuch a weekly maintenance to the faid prifoner, not
exceeding four (hillings, nor lefs than three (hillings and fix-
pence />/r week, in fuch manner as the faid juftices, in their
general quarter felTion, or fome adjournment thereof, fliall or-
der; and, upon nonpayment of the fame for the fpace of two On nonpay-
weeks, the faid prifoner, upon application to the faid juftices in mem for two
their general quarter fedion, held as aforefaid, (hall be difcharg- ^i-^to be^dif'^"
ed, purfuant to the intent and meaning of this act. charged,

XLIII. J?2d whereas^ under former a^s^ creditors have been put
to great expences and trouble in attending every fejjion and adjourn^
' ment^ during the %vhole continuance of the a5l^ to oppofe the difcharge
of prifoners clearly excluded from any benefit under the faid refpeSiive
c5ls^ but whoy after having been before one fejfion heardy and refufed
a difcharge^ to harrafs their creditors^ conflantly gave frefh notices for
each fuhfeqiient- feffion and adjourmnent^ of their intended application

to

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47^ Anno declmo quarto Georgii III. c.77. [1774;,

to be difcharged', to remedy which, be it further enaded by the
Determinationauthonty aforefaid. That in all cafes whatever, the deterrnina-
oKheiulJices tion of the juftices in feffion, or adjournment, (hall be final to
SlToTh?^^^^"^^"^^ ^"^ P^^P-^^^' "nlefs the prifoner (hall, during the
retention of continuance of this acl, get rid of the objedion or objedions for
liny priloner 5 which they refufed his difcharge; and, that the fame may be
unlefsthemi. clear and certain, the juftices are hereby required to ftate the
iTKbiec ^^Jf^'^io^f, ^hy fuch prifoner's difcharge is refufed by them ^
t.on for which ^r'x ^" ^^^ ^^^^^ whatever, it (hall and may be lawful to and for
they lefufed the jultices, at any fubfequent feffion, or adjournment, upon ap-
his difcharge. plication from the prifcner, upon due proof on oath made to
o^^^nroof bv' ^^^^"^ ^^ ^""'^ °^ ^^^^ credible witncifes, (and which oath they
two witnelles F^j^^^^^y.^^^po^^'^t-ed to adminifter,) of each objeaion or ob-
ofobjeaion J^ctJons being removed, and on proof of notice ferved, at leaft
being rcmov- ten days previous to fuch application on thecreditor or creditors
ed &c. may vvho before oppofed his difcharge, and of notice likewife inferted
prifonef ^^ ^^^ G^2;^/^^, in manner before direded by this ad, to order
fuch prifoner to be brought before them, and if they lliall then
be of opinion the faid prifoner is intitled to the benefit of this
aa, to order him to be difcharged, he taking the oath, and in all
other refpeas conforming to the direaions of this aa.
pifcharges to XLI V. Provided always. That every fugitive or fugitives, in-
A^gn 't''r ^ ^'^^^^' ot- to be intitled, to the benefit of this ac% (hall obtain
J776. ' ^^^tr refpeaive difcharges on or before the firft day of Augtiji^
one thoufand feven hundred and feventy-fix, or fhall be excluded
from all benefit of this aa.

XLV. And whereas it may happen that feveral perfons^ who may

claim and he intitled to the benefit of this acl^ are feifed of an ejiate

tad^ in fome freehold or copyhold lands^ tenements^ or hereditaments^

ivhich entail^ with the remainders thereupon expe^ant, they have^ by

law^ power to defeat and bar., either by levying a fine or fines., fuffer^

ing a common recovery or common recoveries., or by fiur render or fiur^

renders thereof whereby fuch p erf on or p erf on s f aid freehold or copy-

hold lands., tenements., or hereditaments^ ivould be. liable to the payment

of their debts ^ and be delivered up., according to the terms of this a5iy

for the benefit of their creditors ; be it therefore enaaed by the au-

Perfons feifed thority aforefaid, That in every fuch cafe, fuch perfon or per-

^ii)!daimiL ^°".^^ ^^ feifed as aforefaid, and who (hall be intitled to, and

thebeneftcof ^^^J"^ the benefit of, this aa, fliali, to all intents and purpofes

this aft, are to whstfoever in law, be deemed and taken, and is and are hereby

deliver up the declared to be feifed of fuch lands, tenements, and heredita-

cred^tors^^^ ments, in fee: provided the fame (hall be delivered up to the

Provifo. * creditor or creditors of every fuch prifoner, in the fame manner

as if fuch perfon or perfons had aaually levied a fine, fuffered a

common recovery or recoveries, or made a furrender or furren-

ders thereof, and thereby had become feifed in fee^ any law, or

conftruaion of law, to the contrary thereof in any- wife notwith-

ftanding.

XL VL And whereas many perfons., who may take the benefit of this

. Q^., have been great dealer Sy or otherivife engaged in large tranfa^ions^

whereby they may be intitled to fundry and great debts and demands., of

variQtii.^

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1774'] Anno decimo quarto GeoRGII III. c. ^']. /^yj

various and intricate natures^ and they may be intitled to equities of
redemption of ejiates^ fubje^i and liable to mortgages^ judgments^ or
other incumbrances^ or to reverfonSy remainder Sy or other contingent
efiates in lands^ tenements^ or hereditaments^ or to other trujh or
inter efts in ejiates^ both real and per f on qI^ zvhich may not be fujficiently
defcribed or difcovered in the fhedule or inventory before dire5led to
he delivered in upon oathy as aforefaid^ or which may tuant his aid or
ajjifance to adjufty make out^ recover^ or manage^ for the benefit of
the creditors y be it therefore ena6led "by the authority aforef^id,
That it fliall and may be lawful to and for the refpedive af- Afl^gpees may
fio-nees oi the eftate and effects of fuch prlfoner or prifoners who fJ^P^ •'
ihall obtain, his, h^r, or their difcharge, in purluance or this tionofprifon-
act, or any other perfon or perfons, duly authorifed by them for er, tooching
that purpofe, from time to time, to apply to any two or more the difcover^
of the juftices of the peace for the county, riding, divifion, city, ^ ^^ effects,
town, place, or liberty, where fuch perfon or perfons (ball be
then refiding, thereby dtiinng that fuch perfon or per^ns may
be further examined as to any matters or things relating to his,
her, or their eftateor effeds •, whereupon fuch juftices Qiall fend and juftices
for, or call before them, fuch perfon or perfons, by fuch war- "^^y ^^"<^ t^"*
rant, fummons, ways, or means, as they fhall think fit; and, ^*^^ examine
upon fuch perfon's appearing, (hall examine him, her, or them, acco^dingly^^^
as well upon oath as otherwife, as to fuch matters and things,
as fuch affignee (hall defire, relating to the eftate and efFe6ls of
fuch perfon or perfons; and if any perfon or perfons, (on pay- Perfons refuf-
ment, or tender of payment, of fuch reafonable charges as fuch i»»g to appear,
juftices fhall judge fufticient,) fhall negled or refufe to come ^"^ ^^ ^'^*^^^^*^
and appear, not having a lawful excufe, to be made know^n to ^^^^u^ .
fuch juftices, and by them allowed, or, being come before rnitted.
them, fl'iall refufe to be fworn, or to anfwer to all fuch queftions
as by fuch juftices (hall be put to him, her, or them, relating
to the difcovery of his, her, or their eftate or effe6ls- fo vefted,
or intended to be vefteJ, in fuch clerk of the peace, town clerk,
or other officer, ading as clerk of the peace, or in fuch afljgnees
as aforefaid, that then it fliall and may be lawful to and for fuch
juftices, by warrant under their hands and feals, to apprehend
fuch perfon or perfons fo offending, as aforefaid, and him, her,
or them, to commit to the common gaol, there to remain, with-
out bail or mainprize, until fuch time as he, fhe, or ihey, fhall
fubmit him, her, or themfelves, to fuch juftices, and anfwer up-
on oath to all fuch lawful queftions as (hall, by fuch juftices, be
put to him, her, or them, for the purpofes aforefaid,

XLVIL And be it further enadled by the authority aforefaid^ 20I. percent.
That all and every fuch perfon and perfons who ftiall, within twelve allowed on dif-
months after the difcharge of fuch prifoner or prifoners, volunta- fevering with^
rily come in and make a difcovery of any part of fuch debtor or '"^^^^^^^
debtors real or perfonal eftate, as fhall not be comprifed in fuch partof thepri-
fchedule as aforefaid, before anyjuftices aforefaid, (hall be allow'- (oner's eftate
ed after the rate of twenty pounds per centiuny out of. the net P^^ returned
produce of fuch debtor or debtors eftate which (hall be recover- Jf j ^^^'
ed on fuch difcovery, and which (hall be paid to fuch perfon or

perfons

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478 Anno decimo quarto Georgii III. c. 77. [1774.

perfons fo difcovering the fame, by the affignee or affi^nees of
luch pnfoner's eftate and effeds.

n'ntdXt" a ^J^^"u- ^'^''^^'^ ^^^'y^ '^^^ ^^ '' ^^^^^d' That notwith-
Itntiy, void. ^;^"^^"g ^^e difcharge of any prifoner or prifoners by virtue of
this aa, if It (hall hereafter appear the fame was obtained frau-
dulently, or that any part of the oath taken by any fuch prl>
foner was not true ; then, and in every fueh cafe, every fuch dif-
charge fhall be void and of none effea.

XLIX. And^for the better difcovery of the ejlaie and efe^s of any
prifoner v)ho Jhall he dtfcharged by virtue of this a^, be it enaded
Perfons con- by the authority aforefaid. That any perfon or perfons who (hall
eftatTor?f}las ^""''^ ^c^^P^ed of any truft or trufts, and Ihall wilfully conceal or
of the prifoner, P'^!^"^ ^"y ^^^\^^ ^^^^ ^r perfonal, of any fuch prifoner from his
forfeit IOC I. creditors, and fliall not, within thirty days after any affignee or
and double va- afiignees thall, in purfuanc6 of this a6l, be chole of any fuch
]ue with treble prifoner's eftate, difcover and difclofe to fuch affignee or affiances
coit.ot luit. f^ch truft and eftate, in writing, and deliver up or make over
the fame to fuch affignee or affignees, he, ftie, or they, fo offend-
ing, (hall, for every fuch offence, forfeit the fum of one hundred
pounds, and alfo double the value of the eftate, either real or
perfonal, fo concealed, to and for the ufe of the creditors of any
fuch prifoner; to be recovered by a6lion of debt, in any of his
Majefty's courts of record at Weftminfier, in the name or names
of the affignee or affignees of fuch prifoner's eftate, together
with treble cofts of fuit.
Affignees with ^ L. And be it further enadled by the authority aforefaid, That
conienc oF the it (hall be lawful, at all times hereafter, for any affignee or af-
hle orlhrcre- ^§"^^3 of the eftate or effeds of any prifoner or prifoners, who
ditors, may ^^^^ t)e chofe in purfuance of this aa, by and with the confent
compound for of the major part in value of fuch prifoner or prifoners creditors,
debts due to who fhall be prefent at a meeting to be held on twenty-one days
cllate'^^'^'^^^'^ pubhc notice being previoufly given for the purpofe hereafter
' mentioned in the London Gazette, if the prifoner was in cuftody

in London^ or within the weekly bills of mortality, and if not,
then alfo in fome newfpaper which ftiall be publifhed in the
county, city, or place, in or near vv^hich any fuch perfon fliall
have been in gaol, to make compofition with any perfon or per-
fons, debtors, or accountants, to fuch prifoner or prifoners, where
and may fub- the fame fhall appear neceffary or reafonable ; and to take fuch
mu ^^'^y ^!^-^ reafonable part of any fuch debt as can, upon fuch compofition,
Xvl'itio waf^ ^^ gotten, in full difcharge of fuch debts and accounts, and alfo
bicration j ^^ fubmit any difference or difpute between luch affignee or af-
fignees and any perfon or perfons, for or on account, or by reafon
or means of any matter, caufe, or thing, relating to fuch prifoner
or prifoners eftate or effe6is, or to any debt or debts due, or
claimed to be due, to or from fuch prifoner or prifoners to the
final end and determination of arbitrators, to be chofen by the
faid affignee or affignees, and the major part in value of fuch cre-
ditors, and the party or parties with whom they fhall have no
difference, and to perforn;! the ^ward of fuch arbitrators, or of
any umpire to be chofen by them, or otherwife to fettle and

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17740 Anno decimo quarto Georgii III. c.77. 479

agree the matters in difference or difpute between them, in fuch
manner as the faid affignee or affignees, with fuch confent as
aforefaid, (liall think fit, and can agree; and the fame (hall be
binding to all the creditors of fuch prifoner or prifoners, and
every fuch aifigneeor afilgnees is and are hereby indemnified for
what they Ihali fairly do in the premifes, in purfuance of this
a6f,

LI. And ivhereas^ under former a^s of this nature no provifion
was ever made zvhat Jhould becoine of the efaie and effeSls of any pri-
foner or prfonerSy fugitive or fugitives^ not got in^ obtained^ or re-
cover ed^ by any ajfignee or ajfgnees^ chofe purfuant to the direBions of
the feveral aSJs^ at the time of his or their death or deaths^ and
whofe heir or heirs^ executors^ adminifirators^ and ajjigns^ refifed to
a5i or meddle therein \ to remedy which, be it enacted, That in If afHgneesdie
all fuch cafes, it (hall and may be lawful to and for the creditors ^^^^^^ J^^^ ^^"
of every fuch prifoner or prifoners, fugitive or fugitives, to chufe p^j-^foners a^re
a new aflignee or afTignees in manner and form as herein-before o-or in, and
is directed, and to obtain a new afTignment from the clerk of the their heirs,&c.
peace, or his deputy, town clerk, or other officer ading as clerk retufe to aa:,
of the peace, purfuant to the order of thejuftices; and which ^^^j^f^*'^^^"^^^
faid order the faid juftices are hereby required and impowered to gj " PP^"^ *
dire£l, (on due proof on oath being made to them of the death and creditors
of fuch former affignee or afTignees, and refufal of his or their to obtain a
heirs, executors, adminiftrators, and a(rigns, x.o a6l or meddle ^^^ ^'^'^g^-
therein;) and the faid clerk of the peace, or his deputy, town ^g^^ oTthe^^
clerk, or other officer a6ting as clerk of the peace, are hereby im- peace, which
powered to obey the fame, and execute fuch a(rignment accord- the juftices are
ingly, in manner and form as if no former afTignment had ever ^ ^jT^^\
been made, the faid affignee or afTignees, clerk of the peace, or ^^^^ ^^ ^^^
his deputy, town clerk, or other officer adting as clerk of the the order, as
peace, hereby conforming to all orders and dire6lions made by if noaffign-
this a6t relative to them, or any of them; and to be liable to all menthad been
fuch pains and penalties as are inflided on them, or any of them^ ™^ ^*
by virtue of this adl, for difobedience in any part thereof, or
negled of duty whatever : and in cafe any fuch afTignee or af-
fignees (hall die, and his heirs, executors, adminiftrators, or af-
figns, (hall refufe to ad ; that then, and in fuch cafe, it fhall be
lawful for fuch juftices oi the peace to appoint a new afTignee or
afTignees, with the like powers and authorities as are given by
this ad, and the faid juftices (hall have power, in a fummary
way, to oblige the heirs, executors, adminiftrators, and
afTigns of fuch afTignee or afTignees, to account and deliver up
all fuch eftate and effeds as fhall remain in his or their hands,
to be applied for the purpofes of this ad*

LII. And^ to the intent and purpofe that the eftate and effe5ls of
[itch prifoner or prifoners as flmll be difcharged by virtue of this ah AHlo-nee
may be duly and faithfully applied for the benefit of his ^ her^ or /Z?m* comphined
real creditors^ be it enaded by the authority aforefaid. That it ^gainlt for in-
fhall and may be lawful to and for the refpedive courts at Weft- ^^^-ciency,
?ninfier^ and the courts of great fefTions in JVales^ and the prin- 1^^^^^' '^'^"^^*
cipality of Chefer^ and the counties palatine of Lancafier and other miVehL

Durham ^'^^^^' \

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4So Anno decimo quarto Georgii III. c. 77, [1774.

Durham refpedtively,^ from whence any procefs iffued upon
which any fuch prifoner or prifoners was or were committed, or
where the procefs iffued out of any other court, to and for the
judges of the court of king's bench, common pleas, and exche-
•quer, or of great feffions aforefaid, within their refpedive jurif-
diilions, or any one of them, from time to time, upon the peti-
tion of any fuch prifoner, or the creditor or creditors of fuch
priloner or prifoners, complaining of any infufficiency, fraud,
mifmanagement, or other milbehaviour of any afiignee or
affignees of the eftate or effects of any fuch prifoner or prifoners,
the court to lummon all parties concerned, and, upon hearing the parties
thereupon is concerned therein, to make and give fuch orders and dired^ions
^miTs"^and^^^^'^^^'^^' either for the removal or difplacing fuch affignee or
make fuch ^ffignees, and appointing, any new affignee or affignees in the
orders there- place or ftead of fuch alhgnee or affignees fo to be removed or
in as they difplaced, or for the prudent, juft, or equitable management or
Ihall think fit. diftribution of the eftate and effecSts of any fuch prifoner, for the
benefit of the refpedlive creditors, as the faid courts or judges
refpedively fhall think fit; and in cafe of the removal or dif-
placing of any affignee or affignees, and the appointing of any
new affignee or affignees, the eftate or effeds of fuch prifoner or
prifoners (hall, from thenceforth, be diverted out of the affignee
or affignees fo removed or difplaced, and be vefted in, and de-
livered over to, fuch new affignee or affignees, in the fame man-
ner, and for the fame intents and purpofes, as the fame were
before vefted in the affignee or affignees firft chofe as afore-
faid ; any thing in this a6t contained to the contrary notwith-
ftanding.
Where mu- LIII. Provided always, and be it enaded by the authority

tual credit aforefaid. That in all cafes where mutual credit hath been given
^e t' e between any prifoner or prifoners, who (hall be difcharged in
balance to be purfuance of this a6t, and any other perfon or perfons, or body
ftated and al- politick or corporate, before the delivery of fuch fchedule or
lowed. inventory of the eftate and effe6ts of fuch prifoner or prifoners,

upon oath as aforefaid, the refpe6live affignee and affignees of
fuch prifoner or prifoners is and are hereby authorifed and re-
quired, on his and their parts, to ftate and allow an account
between them and the other party or parties concerned ^ and no-
thing more fhall be deemed to be vefted in fuch clerk of the
peace, town clerk, or other officer adling as clerk of the peace,
or fuch affignee or aflignees under fuch clerk of the peace, town
clerk, or other ofKcer a6ling as clerk of the peace, as the eftate
or effedls of fuch prifoner or prifoners, than what (hall appear
tobejuftlydue to him, her, or them refpedlively, as and for
the balance of fuch account, when truly ftated.
Perfons com- LIV. And whereas many perfons are often committed on attach-
mitted for ments^ for not paying money awarded to he paid under fubmifjtons to
aot paying arbitrations by rules of courts or under fubmiffions to arbitration bonds ^
ecTundeTfub " ^^^ which fubmiffions have teen made rules of courts in purfuance of
ipiflTinns to ar- an atl^ paffed in the ninth and tenth years of the reign ^William
titration \ the thirds for determining di^ermce^ by arbitration j and likewife

for

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1774'] Anno decimo quarto Georgii III. c. 77- 4^t

for not paying of cofis duly and regularly taxed and allowed by the and/ornot ^
proper officer^ after proper demands made for that purpofe\ and alfo^^^^"^^"^^ *'
upon afiy writ of Excommunicato capiendo, or other procefsfor^ and upon
or grounded on, the non-payment of cojis dr expences in any cavfe or "^^^^nllik^t'o
proceeding in any ecclefiajiical court y it is hereby declared ^"^^'cTpiendo^c.
enaded, That all fuch perfons are and fhali be mtitled to the ^re inticied ro
benefit of this aa, on and fubje6t to the fame terms and con- the benefit of
ditions as are herein expreffed and declared with refped to pri- this aft.
foners for debt only: And whereas great numbers of poor ;5^<7p/<?Thore whoare
have been and are now imprifoned for debt^ upon procejjes iffuing out prifonersupoa
cf courts of confcience-, it is hereby enaded and declared. That all P^^^^^f ^^^^^^
fuch prifoners fhall be intitled to have the benefit of this adl, and ^^^^^^^^^ ^^
be difcharged under the fame, provided he, (he, or they, con- ^ave the bene,
form to the directions herein-before prefcribed, touching other fit of this a6t.
prifoners who fhall be difcharged by virtue of this ad.

LV. And be it farther enaded by the authority aforefaid, Qi^aker^s af-
That in all cafes wherein by this adt an oath is required, ^^^^^^l^l"^^^
folemn affirmation of any perfon, being a quaker, fhali and ^^^ ^f ^a
may be accepted and taken in lieu thereof ^ and every perfon oath,
making fuch affirmation, who (hall be convided of wilful and
falfe affirming, (hall incur and fuffer fuch and the fame penalties '
as are inflided and impofed by this a6t upon perfons convided
of wilful and corrupt perjury.

LVI. Provided always, and be it further enabled by the au- Perfons who
thority aforefaid, That no perfon who took the benefit of ^n ^^^^'^^ ^^^^^J^^^^
ac% pafled in the ninth year of the reign of his prefent majefty .j^^^f^Qe^^j^
^King George the Third, (intituled, An a5i for the relief of infoU excluded.
vent debtors, or of an a6t, pafTed in the twelfth year of the reign
of his prefent majefty King George the third, (intituled. An a^
for the relief of infohent debtars, and for indemnifying the marjhal
of the King's Bench Prifon/r<?/77 profecutions at law for certain ef
capes from the /aid prifoft,) (hall have or receive any benefit or
advantage of or under this ad, nor be deemed to be within the
intent and meaning thereof, fo as to be difcharged under the
fame ; any thing herein-before contained to the contrary not-
with(landing.

LVIL Provided alfo, and it is hereby enacted. That nothing This^aa not
in this a6l contained fhali extend to that part of Great Britain, to extend to
called Scotland. . ^ootX^n^.

LVIII. And whereas bankrupts who have not obtained their cer- ClsLufe o£ rs-
iificates and dif charge of their debts, under fome one of the a^s re- lief tor bank-
lating to bankrupts, have not been deemed to be within the meaning ^^^^l^^^\^^
of a5ls of infolvency, as fuch bankrupts have 770 fchedules to ^^^/^V^r Gained certifi-
up according to the terms and conditions of fuch aBs\ neverthelefs, as cates arddif-
mariy bankrupts are cojifined in prifon for debt only, though they have charge of their
already delivered up their whole efates and effects, or from a fear *^^^^^'
of being arrefcd and thrown into prifon, do abfcond from their homes,
and go into foreign parts ', be it further enaded by the authority
aforefaid, That fuch perfon or perfons againfl: whom a com-
miifion of bankruptcy hath been awarded and ifTued, on or be-
fore the twenty-eighth day of Aprils one thoufand feven hunr

dred

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482 Anno decimo quarto Georgii IIL c. ^^. [1774.

dred and feventy-four, who hath or have duly conformed, or
IhaJl duly conform him, her, or themfelves, to the feveral ads
ot parhament relating to bankrupts, and hath not or have not
been committed to any prifon by a warrant of the commiffioners
in iuch commiffion named, for contumacy or noncompliance to
thofe laws, and who now is, or are in prifon for debt, da-
mages, contempt, cods of fuit, or any fum or fums of money
due and accrued previous to fuch commiffion, or who now are
fecretmg themfelves in fear of their creditors, and Qiall be here-
after fued, arreted, or held to bail, or fhall furrender him, her,
or themfelves, or be furrendered, in difcharge of his, her, or
their bail, or taken in execution in any fuit or adion for any
fuch debt or debts as aforefaid, fliall and may, after the expira-
tion of thirty days, apply to any one of the judges of the court
wherein fuch procefs or proceffes hath or have iflued, to fum-
XTion his, her, or their plaintiff or plaintiffs, to (hew caufe why
fuch bankrupt or bankrupts (hould not be difcharged from his,
her, or their imprifonment or arreft, as aforefaid, fuch bankrupt or
bankrupts firft making oath before fuch judge, (or if ata diftance
from fuch judge, then before a juftice of the peace,) who is hereby
authorifed to adminifter fuch oath, that fuch debt or debts did
accrue previous to the iffuing fuch commiffion; and fuch plain-
tiff or plaintiffs not appearing, or not proving that fuch bank-
rupt or bankrupts hath or have concealed any part of his, her,
or their eftate or effeds, or hath or have not duly conformed
him, her, or themfelves to the laws now in force againft bank-
rupts, fuch judge fhall and may difcharge fuch bankrupt or
bankrupts from fuch imprifonment or arreft, as aforefaid ; fuch
bankrupt or bankrupts caufing a common appearance to be en-
tered for him, her, or them, where neceffary, in every fuch fuit
or a6lion ; and if any fuch bankrupt or bankrupts fhall be after-
wards again fued and arrefted, or taken in execution, or impri-
foned in any fuit or adion for fuch debt or debts previous to
fuch commiffion as aforefaid, any judge of the court wherein
fuch procefs iffued (hall, upon fummons of the proper party or
parties, immediately difcharge fuch bankrupt or bankrupts from
fuch arreft or imprifonment; neverthelefs fuch bankrupt or
bankrupts fhall, in all other refpeds, be deemed fubjed to the
laws in force againft bankrupts; and every flieriff and (heriffs,
bailiff and officer, gaoler and keeper of a prifon, is and are
hereby required, on proper notice being given of fuch judge's
difcharge, to releafe and fet free fuch bankrupt or bankrupts
out of his or their cuftody, and each and every of them is and
are hereby indemnified from any action or adions that may be
brought, commenced, or profecuted againft him or them for
any efcape for or on account thereof.
Clnufe with LIX. And whereas many hanknipts^ zuho zvere huluded within the

refp^a to ^ })enefit of the late oB of the iivelfthyear of his prefent Majefty's reign^
ciu'de'(nn\h"e ^^^^^'^^S ^^ honkrupts^ have 7Wt as yet returned home ^ or 'cannot a5l in
acl 12 Geo, 3. their j ever al occupations for the maintenance of themfelves and f ami-
lifs^ from fms certain circumftonces of their cafe-^ be it ena6ted.

That

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I774-] Anno decimo quarto Georgii IIL c. 78. 483

That fuch perfon or perfons againft whom a commiffion of
bankruptcy hath been awarded and ifTucd, on or before the
twenty-fifth day of March^ one thoufand feven hundred and
feventy-two, and who having in all things conformed them-
felves to the feveral a6ls now in force relating to bankrupts, by
J:heir furrender and fubmifllon thereto, and who have not been
committed for any adl of contumacy or nonconformity, yet who
hath not, or have not, gained a total difcharge from his, her,
or their creditors of his or their debts under fuch commiffion,
fiiall have Hberty to petition or apply by motion of court to t\\Q
lord chancellor, the lord keeper, or lords commiffioners of the
great feal for the time being, letting forth any fuch grievance or
other circumftance, he, (he, or they, may lie under, relative to
fuch commiffion : which petition or matter the lord chancellor,
the lord keeper, or lords commiffioners ^forefaid, may refer to
a mafter in chancery; and upon fuch repoi*t or hearing thereof,
fiiall have power and authority to dire6t the commiflioners in
the commifiion named to certify the proceedings under fuch
coitimifTion, and fhall grant fuch order thereupon, for the dif-
charge or relief of fucji bankrupt or bankrupts, as to .his or
their lordfhips^ball feem proper; any law or ufage to the con-
trary notwithftanding.

CAP. LXXVIir.

An a5i for the further and better regulation of buildings^ and party-
walh \ and for the more effeolually preventing mifrbief by fire
within the cities ^ London t-^;/^ Wefl:minll:er, and the liberties
thereof^ and other the parifieSj precinffs^ and places, within the
weekly bills of mortality^ the pari f)es ^/Sainc Mary-Je-bon, Pad-
dington, Saint Pancras, and Saint Luke- at Chelfea, in the
county (^/Middlefex ; and for indemnifying^ under certain condi--
tions^ builders ani other perfons againji the penalties to ivhich they
are or may be liable for eredfing buildings within the limits afore-
faid contrary to law,

WHEREAS an,aB of parliament^ made and paffedin Z'^^^? preamble;
twelfth year of his pref'nt Majefifs reigUy intituled^ An a^l j, g?o. 3»
for the better regulation of buildings and party-walls within the c 73.
cities o^ London and Weflminfier^ and the liberties thereof, and
other the parifhes, precincSls, and places in the weekly biils of
mortality, the parifhes of Saint Marj4e-bon and Paddington^ Saint
PancraSy and Saint Luke at Chelfea^ m the county of Middle fx\
and for the better preventing of mifchiefs by fire within the laid
cities, liberties, parifhes, precin6ts, and places : and for amend-
ing and reducing the laws relating thereto into one adl, and for
other purpofes, hath been found in lufficieitt to a?tfwer the good pur ^
pofes intended thereby : and whereas it may tend to the fafety of the
inhabitants and prevent great inconveniencies to builders^ and work-
men employed in buildings^ ivithin the faid cities^ liberties^ parifhes^
precin5ts^ and places^ if the regulations contained in the faid acl zvere
repealed^ and other regulations a?id provifjons refpe^ing fuch buildings
Vol. XXX. . Kk ivm

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484

Buildings di-
vided into
feven rates
or claffes.

Firft rate of
building.

Thick nefs of
external walls
to the Brit
rate.

Anno decitno quarto Georgii III. c.78. [1774.
were'ejlabli/hedby law: may it pleafe your Majefty that it may
be enaded ; and be it enaded by the King's moft excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this prefent parliament affem-
bled, and by the authority of the fame. That the feveral
churches, chapels, meeting-houfes, or other places of publick
worfhip, dwelling-houfes, and all other buildings whatfoever, at
any time heretofore begun or built, or which fhall, at any time
or times hereafter, be begun or built within the faid cities, liber-
ties, pariflies, precinds, and places, on new or old foundations,
or on foundations partly new and partly old, Ihall be diftin-
gulfhed by, and divided into, the feven feveral rates or clafles of
building herein-after defcribed ; and fuch feven feveral rates or
claiTes of building (hall be under the rules and dlredions herein-
after contained concerning the fame. . -

IL And be it further enaded, That every church, chapel,
meeting-houfe, and other place of publick worlhip ; and every
houfe or building for diftilling and brewing of liquors for fale;
for making of foap, for melting of tallow, for dying, for boiling
or diftilling turpentine, for cafting brafs or iron, for refining of
fugar, for making of glafs for chymical works for fale, of what
dimenfion foever the fame refpedively are or may be; and alfo
every warehoufe and other building whatfoever, not being a
dwelling-houfe now built, or hereafter to be built, (except fuch
buildings as are herein-after particularly declared to be of the
fifth, fixth, or fevcnth rate or clafs of building,) which does or
Ihall exceed three clear ftories above ground, exclufive of the
rooms (if any) in the roof thereof, or which is or fhall be of the
height of thirty-one feet from the furface of the pavement,
ground, or way, above the area before either of the fronts there-
of, to the top of the blocking-courfe or the coping on the para-
pet thereof; and every dwelling-houfe, now built, or hereafter
to be built, Vv^hich, with the offices thereto belonging and ad-
joining, or connecfled otherwife than by a fence or fence-wall,
or covered paiTage, open on one or both fides, when finiO^ed,
does or fhall exceed the value of eight hundred and fifty pounds ;
and alfo every dwelling-houfe, which does or (hall exceed nine
fquares of building on the ground-floor, each fquare containing
one hundred fuperficial feet, (hall be deemed the firft rate or
clafs of building.

III. And it is hereby further ena6led. That every front, fide,
end, or other external wall, (not being a party-wall,) which
fhall, after the twenty-fourth day of June^ in the year of our
Lord one thoufand feven hunJred and feventy-four, be built to
any fird rate building, or to any addition thereto, or enlaro-e-
ment thereof, (hall be built and remain, at the foundation there-
of, of the thicknefs of two bricks and an half in length, or one
foot nine inches and an half at the leafl: ; and ffiall from thence
regularly and gradually diminifh on each fide of the" wall two
inciies and a quarter to the top of the footing of every fuch wall,
except Vv'here any immediate adjoining building will not admit

of

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1 774-] Anno decimo quarto Georgii III. c. 78. 485

of fuch footing being made on the fide of fuch wall next fuch

adjoining building ; in which cafe fuch footing fhall be made as

near to the dimenfions herein direded as the cafe will admit 5

which footing fliall be nine inches high at the lead, and wholly

below the upper furface of the pavement and flooring-boards of

the cellar (lory two inches at the leail ; and every fuch wall (hall,

from the top of fuch footing, be of the thicknefs of two bricks

in length, or one foot five inches and an half at the leaft, up to

the under fide of the one pair of flairs, floor ; and from thence

of the thicknefs of one brick and an half in length, or thirteen

inches at the leaft, up to the under fide of the plate under the

roof or gutter of every fuch building; and from thence of the •

thicknefs ^f one brick in length, or eight inches and an half at

the leaft, up to the under flde of the blocking-courfe or coping

.on the parapet of every fuch firft rate building ; except fuch parts

of every fuch wall as fliall be wholly of ftone, which parts, fo

being of ftone, fliall be of the thicknefs of fourteen inches at the

leaft below the ground-floor, and of nine inches at the leaft

above the ground-floor ; and except all recefies above the

ground-floor in the faid walls, which ftiall be arched over in

every ftory, fo neverthelefs as that the arch, and the back of fuch

recefs, fhall be refpedively of the thicknefs of one brick in

length, or eight inches and an half at the leaft.

IV, And it is hereby further ena6led. That every party-wall Thicknefs of
which (hall, after the faid twenty-fourth day of June^ be built to party-walls to
anv firft rate building, or to any addition thereto, or enlarge- the firil rat^,,
ment thereof, fliall be built and remain, at the foundation

thereof, of the thicknefs of three bricks and an half in length, or
two feet fix inches and an half at the leaft ; and fliall, from
thence, regularly and gradually diminifli on each flde of the wall
four inches and an half to the top of the footing of every fuch
wall, which footing fhall be one foot high at the leaft, and
wholly below the upper furface of the pavement and flooring-
boards of the cellar ftory two inches at the leaft ; and every fuch
party-wall fhall, from the top of fuch footing, be of the thick-
nefs of two bricks and an half in length, or one foot nine inches
and an half at the leaft, up to the under fide of the ground-floor ;
and from thence of the thicknefs of two bricks in length, or one
foot five inches and an half at the leaft, up to the under fide of
the floor of the rooms (if any) in the roof of the higheft build-
ing adjoining to fuch party-wall ; and from thence of the thick-
nefs of one brick and an half in length, or thirteen inches at the
leaft, up to the top of every fuch party-walL

V. And be it further enabled. That every warehoufeV ftable, Secoi^d rate,
and other building, not being a dwelling-houfe, except fuch
buildings as are herein particularly declared to be of the firft,

fifth, fixth, or feventh rate or clafs of building, now built, or
hereafter to be built, which does or fhall exceed two clear ftories, .
;and ihall not contain more than three clear ftories above ground,
£xclufive of the rooms (if any) in the roof thereof, or which is, •
or fliall be^ of the height of twenty-two feet, and ftiall not be of

K k 2 tlie

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4§^ Anno decimo quarto Georgii III. c.yS. [1774:

the height of rhirty-one feet, from the furface of the pavement,
ground, or way, above the area before either of the fronts there-
of, to the top of the blocking-courfe or coping on the parapet
thereof; and every dwelHng-houfe now built, or hereafter to be
built, wiiich, v/ith the offices thereto belonging and adjoining,
or conneded, otherwife than by a fence or fence- wall, or cover-
ed paffage open on one or both fides, when finilhed, does or
{hull exceed the value of three hundred pounds, and (hall not
amount to more than the value of eight hundred and fifty
pounds y and alfo every dvvelling-houfe, which does or (hall ex-
ceed five fquares of building on the ground plan, and (liall not
amount to more than nine fquares of building on the ground
plan thereof, Ihall be deemed the fecond rate 0/ clafs of
building.
Thicknefs of VI. And it is hereby further enaded. That every front, fide,
external walls or other external wall, (not being a party-wall,) which ihall,
to me lecona ^^^^^ ^|^^ |-^j^ twenty-fourth day of June, be built, to any fecond
rate building, or to any additiot\ thereto, or enlargement there-
of, Ihall be built and remain, at the foundation thereof, of the
thicknefs of two bricks in length, or one foot live inches and an
half at the leaft, and fhall from thence regularly and gradually
5dimini(h on each fide of the wall two inches and a quarter to
the top of the footing of every fuch wall, except where any im-
mediate adjoining building wnll not admit of fuch footing beino-
made on the fide of fuch wall next fuch adjoining building; in
which cafe fuch footing fhall be m/ade as near to the dimenfions
herein directed as the cafe will admit; which footing (hall be
nine inches high at the leaft, and wholly below the upper fur-
face of the pavement and flooring-boards of the cellar ftory two
inches at the lead; and every fuch wall fliall, from the top of
fuch footing, be of the thicknefs of one brick and an half in
length, or thirteen inches at the leaii, up to the under fide of the
one pair of flairs floor ; and from thence of the thicknefs of one
brick in length, or eight inches and an half at the lead, up to
the under Cidt of the blocking-courfe or the coping on the para-
pet of every fuch fecond rate building; except fuch parts of
every fuch wall, being above the ground-floor, as fliall be wholly
of ftone, which parts, fo being of flone, fliall be of the thicknefs
of nine inches at the lead ; and except all recefles above the
ground-floor in the faid walls, which fliall be arched over, fo
neverthelefs as that the arch, and the back of each fuch recefs,
ihall refpedively be of the thicknefs of one brick in length, or
eight inches and an half at the leafl.
Th'cknefs of ^11- And it is hereby further enaded, That every party-wall
party-walls to which fliall, after the faid twenty-fourth day oijuncy be built
the^Iecond ^^ ^^^ fecond rate building, or to any addition thereto, or en-
largement thereof, fliall be built and Remain, at the foundation
thereof, of the thicknefs of three bricks and an half in length,
or tv,o feet fix inches and an half at the leafl, and Ihall frorri
thence regularly and gradually diminifli on each fide of the wall
four inches and an half to the top of the footing of every fuch
I wall i

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rate,

I774-] Anno decimo quarto Georgii III, c.78. 487

wall ; which footing (hall be nine inches high at the Jeaft, and
wholly below the upper furface of the pavement and flooring-
boards of the cellar ftory two inches at the leaft ; and every fuch
party-wall /hall, from the top of fuch footing, be of the thick-
nefs of two bricks and an half in length, or one foot nine inches
and an half at the leaf!:, up to the under fide of the ground-
floor; and from thence of the thicknefs ot two bricks in length,
or one foot five inches and an half at the lead, up to the under
fide of the floor of the tv;o pair of flairs ftgry; and from thence
of the thicknefs of one brick and an half in length, or thirteen
inches at the lead, up to the top of every fuch party-wall.

VIII. And be it further enabled, That every warehoufe, fta- Third rate*
ble, and other building, not being a dwelling-houfe, except fuch
buildings as are herein particularly declared to be of the firft,

fifth, fixth,, or feventh rate or clafs of building, now built, or
hereafter to be built, which does or fliall exceed one clear ftory, ^

and fhall not contain more than two clear ftories above ground,
exclufive of the rooms (if any) in the roof thereof, or which is
or (hall be of the height of more than thirteen feet, and fhall not
be of the height of twenty-two feet from the furface of the
pavement, ground, or way above the area before either of the
fronts thereof, to the top of the blocking-courfe or the coping
on the parapet thereof; and every dwelling-houfe now built, or
hereafter to be built, which, with the offices thereto belon2;ing,
and adjoining or conne6led, otherwife than by a fence or fence-
wall, or covered paffage open on one or both fides, when finifh-
ed, does or fhall exceed the value of one hundred and fifty
pounds, and (hall not amount to more than the value of three
hundred- pounds ; and alfo every dwelling-houfe, which does or
fliall exceed three fquares and an half of building on the ground
plan, and (liall not amount to more than ^-^t fquares of build-~
ing on the ground plan thereof, fliall be deemed the third rate
or clafs of building.

IX. And it is hereby further ena61ed, That every front, fide, Thicknefs of
end, or other external wall, (not being a party-wall, which (hall, external walls
after the faid twenty-fourth day of Jime^ be built to any third ^^ ^^^ ^^^^^^
rate building, or to any addition thereto, or enlargement*^ there- "^^^^^

of, (hall be built and remain, at the foundation thereof, of the
thicknefs of two bricks in length, or one foot ^^t inches and an
half at the leafl, and fhall from thence regularly and gradually
diminifli, on each fide of the wall, two inches and a quarter, to
the top of the footing of every fuch wall, except where any im-
mediate adjoining building will not admit of fuch footing being
made on the fide of fuch wall next fuch adjoining building; in
which cafe fuch footing fhall be made as near to the dimenfions
herein dire61ed as the cafe will admit ; which footing fiiall be fix
inches high at the leaft, and wholly below the upper furface of
the pavement and flooring-boards of the cellar ftory two inches
at the leaft ; and every fuch wall (hall, from the top of fuch foot-
ing, be of the thicknefs of one brick and an half in length, or
thirteen inches at the leaft, up to the under fide of the ground-

K k 3 floor;

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4^8 Anno decitno quarto GeoRGIi III. c.yS. [1774;

floor ; and from thence of the thicknefs of one brick in length,
or«e]ght inches and an half at the leaft, up to the under fide of
the blocking- courfe or coping, on the parapet of every fuch third
rate building.
Thicknefs of X, And it is hereby further enaaed, That every party-wall

thrthiTd me "^^'^^^ .^''"' '^'^' '^'' ^^'"^ twenty-fourth day of June, be built to
* any third rate building, or to any addition thereto, or enlarge-
ipent thereof, {hall be built and remain at the foundation there-
of, of the thicknefs of three bricks in length, or two feet two
inches at the leaf!:, and (hall from thence regularly and gradually
diminifii on each fide of the wall, four inches and an half, to
the top of the footing of every luch wall, which footing (hall be
nine inches high at the leaft, and wholly below the upper fur-
face of the pavement and flooring-boards of the cellar ftory two
inches at the leaft 5 and every fuch party-wall fliall, from the top
of fuch footing be of the thicknefs of two bricks in length, or
one foot five inches and an half at the leaft, up to the under fide
of the ground-floor, and from thence of the thicknefs of one
brick and an half in length, or thirteen inches at the leaft, up to
the top of every fuch party-wall.
Fourth rate. Xl- And be it further enaaed, That every warehoufe, ftable,
and other building not being a dwelling-houfe, except fuch
buildings as are herein particularly declared to be of the firft,
fifth, fixth, or feventh rate or clafs of building, now built, or
hereafter to be built, which does not or (hall not exceed one
clear ftory above ground, exclufive of the rooms (if any) in the
roof thereof, or which is not or fhall not be of the height of
more than thirteen feet from the furface of the pavement^
ground, or way, above the area before either of the fronts there-
of to the top of the blocking-courfe or coping on the parapet
thereof 5 and every dwelling-houfe now built, or hereafter to be
built, which, with the offices thereto belonging and adjoining,
or connedted otherwife than by a fence or fence-wall, or covered
paffage open on one or both fides, when finiftied, does not or
Ihaii not exceed the value of one hundred and fifty pounds ; and
alfo every dwelling-houfe which does not or fhall nor exceed
three fquares and an half of building on the ground plan there-
of, (liall be deemed to be of the fourth rate or clafs of building.
Thicknefs of XII. And it is hereby further ena(5led. That every front, fide,
external wajls end, or Other external wall, which fhall, after the faid twenty-
rate*'" ^^^^^^ fourth day of Ji/^-^e, be built to any fourth rate building, or to
any addition thereto or enlargement thereof, fhall be built and
remain at the foundation thereof of the thicknefs of two bricks
in length or one foot five inches and an half at the leaft, and
fhall from thence regularly and gradually diminifti on each fide
of the wall two inches and a quarter to the top of the footing of
every fuch wall, except where any immediate adjoining building
will not admit of fuch footing being made on the fide of fuch
wall next fuch adjoining building; in which cafe fuch footing
fhall be made as r^ear to the dimenfions herein direded as the
cafe will admlt^ which footing fhall be fix inches high at the

leaft.

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I774-] Anno decimo quarto Georgii III. c.78» 489

leaft, and wholly below the upper furface of the pavement and
flooring-boards of the cellar ftory two inches at the lead ; and
every fuch wall (hall, from the top of fuch footing, be of the
thicknefs of one brick and an half in length, or thirteen inches
at the leaft, up to the under fide of the ground-floor ; and from
thence of the thicknefs of one brick in length, or eight inches
and an half at the leaft, up to the under fide of the blocking-
courfe or coping on the parapet of every fuch fourth rate
building. . ' '

XIII. And It Is hereby further enaded, That every party- Thicknefs of
wall, which (hall, after the faid twenty-fourth day of 7^;^^, be party- walls
built to any fourth rate building, or to any addition thereto, or ^^^^^^ ^^"^^^
enlargement thereof, (hall be built and remain at the foundation

thereof of the thicknefs of two bricks in length, or one foot five
inches and an half at the leaft; and (hall from' thence regularly
and gradually diminilh on each fide of the wall two inches and
a quarter to the top of the footing of every fuch vv^aJl ; which
footing (hall be nine inches high at the leaft, and wholly below
the upper furface of the pavement and flooring- boards of the
cellar ftory two inches at the leaft; and every fuch party- wall
fhall, from the top of fuch footing, be of the thicknefs of one
brick and an half in length, or thirteen inches at the leaft, up to
the under fide of the ground-floor; and from thence of the
thicknefs of one brick in length, or eight inches and an half at
the leaft, up to the top of every fuch party-wall.

XIV. And it is hereby enaded by the authority aforefald, Party-walls to
That from and after the faid twenty-fourth day oijune^ every ^^ between
houfe or building thereafter to be built, and being of the firft, J|^"j!^ ^"^
fecond, third, or fourth rate or clafs of building herein-before oHi^er 'build-
dire6led, and not having each of them a feparate and diftincSl ings, except
fide-wall on the part or parts where they are or (hall be con- in fuch parts
tiguous, (hall have party- walls between houfe and houfe, or other j^'''ere each
buildings, or between fo much of fuch houfe and houfe, or other pendeat walls,
buildings, as ihall not refpedtively have fuch feparate and diftinft

walls as aforefaid : and fuch party- walls (hall extend to the outer
furfaces of the external inclofures of each of the adjoining houfes
or buildings : and all party-walls, and alfo all chimneys and
chimney-fhafts, hereafter to be built, fhall be built wholly of
good found bricks or ftone, or of good found bricks and ftone
together, except fuch timber, wood, lead, or iron work, as fhall
or may be laid therein, according to the directions herein- after
contained, and alfo except fuch piling, bridging, or planking, as
may be necefTary for the foundation thereof; and every fuch
party-wall (hall be topped or coped with ftone, tile, or brick,
and (hall be of the dimenfions herein-before direded ; and one
half of every fuch party- wall between houfe and houfe, or be-
tween other buildings, ftiall be built on the ground or fcite of
one of the adjoining houfes or buildings, and the other half
thereof (hall be built on the ground or fcite of the other of the
adjoining houfes or buildings ; and it (liall be lawful for the firft
builder of any fuch party-vvall, and for the workmen employed

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49^ ^ Anno decimo quarto Georgii III. c. 78. [1774;

.in building the fame, to enter upon the ground adjoinino- there-

^""^ v.;'' T.^' ^"^ ^^'^ building fuch party wall in manner aforefaid.
All party- AV. Provided neverthelefs, and it is hereby enaded. That

]^uMwT - ''^ P^rty- wall which ll^all after the faid twenty-fourth day of
high to be {^'l^^: ""Z ^^^^^^ ^o 3ny dwelling-houfe, exceeding four (lories in
built as of the ^^^^ght from the foundation thereof, exclufive of the rooms (if
iirilrate. ^S'V. ^J" ^^-^ ^^^^" ^^ ^^^^^^^ '"^ *^^^ buildings adjoining thereto,

Ihail be built m every particular according to the diredions here-.

in-be.ore contained with refpec^ to the party-walls of the iirft

rate or dafs ot building, notwithftanding fuch houfe (hall not be
Party-walls to ot the hrft rate or dafs of building; and every party-wall
tZt XL. f''f ^^^^^'.^^^^^ ^^^^ time aforefaid, be built to any dwelling,
fouritiries" Houfe ^containmg four (lories in hdght from the foundation
high, to be tnereor, exclufive of the rooms (if any) in the roof of either of
built as of the the buildings adjoining thereto, (hall be built in every particular
third rate. according to the diredtions herein-before contained with refpec^

tci party-walls of the third rate or dafs of building, notwith-

(landing fuch houfe (hall be of the fourth rate or clafs of build-

ing only.

Materials of XVI. And It is hereby further enaded, That every internal
different nor ^,^"^?^^^^ ^^ ^^ ^^^^^ ^^ter the faid twenty-fourth day of 7;/^^,
feffions hf^he ^^r^^P^^^ting any building of the (irft, fecond, third, or fourth
firll", fecond, ^^^p ^^^ ^^^^s of buildmg, from any other building where fuch
third, and buildings (hall be in feparate occupations, and every addition or
fourth fate§. enlargement to luch internal indofure, (hall be of brick or (lone,
or arti(idal (lone or (lucco, or of brick and Hone, or artifi-
cial^ (lone or (lucco together; except fuch timber, wood, lead,
or iron work, as may be laid therein, according to the dire^ions
herein-after contained for external inclofures to fuch firft,
fecond, third, or fourih.rate or dafs of building, and alfo ex-
cept fucii piling, bridging, or planking, as may be necelTary for
the foundation of the fame.
Method of XVII. And it is hereby enabled by the authority aforefaid,

afcertaining That in valuing the feveral buildings herein-before declared to
fheratc. be of the lirft, lecond, third, or fourth rate or dafs of building,

tor tiie purpofe of afcertaining the rate thereof, fuch valuation to
be made by the furveyoror (urveyors to be appointed purfuant
to this ad, for the didrid: in which the building is or may be
fituated, by as true a meafure and eftimation as the nature of the
cafe will admit; and every fuch building (hall, notwithftanding
any decay therein, be eftimated and valued as if the materials
whereof the fame confids were found, and the work thereof new ;
and every fuch building fhall be eftimated and valued at the fe«
veral prices the like materials and workmanfnip ftall be worth
at the time fuch valuation fnali be made; but neither the foil
w^hereon any fuch building ftands, nor any fence or fence- wall,
(except the railing to areas, and deps before or behind fuch
tuilding, made for x\\q purpofe of indo(ing the faid building,
with the ofSces, yard, or appurtenances tliereto belonging from
any neighbouring ground J nor any brick or (lone arched vault
or vaults, under the furf^ce of the ground^ either before or be-

hip4

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1774*1 Anno decimo quarto Georgii IIL c. 78. 491

hind fuch building, nor any lead, covering, or pavements, over
fuch vaults, nor fuch parts of the party-AA/all or party-walls to
fuch building as ftand upon ground not belonging to fuch houfe,
Ihall be included in ?ny fuch valuation^ and in afcertaining the Squares taken
fquares of building contained in every fuch building, being a at the level of
dwelling'houfe, the fame (hall be taken by the furveyor or fur- the entrance,
veyors as aforefaid on the level of the floor, at the principal en-
trance to fuch dwelling-houfe, and no more than fuch parts of
the party-walls as belong to fuch dwelling-houfe fhall be in-
cluded in fuch admeafurement : and in cafe the owner, or any
other perfon interefted In fuch building, (hall apprehend him or
herfelf to be injured by the admeafurement or valuation made
by fuch furveyor or furveyors as aforefaid, it (hall be lawful for
fuch owner or_other perfon to apply to the mayor, or any two
juflices of the peace for the city of London^ if fuch building, or
any part thereof, is firuated within the faid city, or otherwife to .,
any two juftices within whofe jurifdidlon the fame is fjtuated ;
and the faid mayor or juftices fhall enquire into the matter, and
lliall, by his or their order, declare fuch building to be of fuch
rate or clafs as the fame (hall to him or them appear to be of,
according to the defcription of the feveral rates or clafTes herein-
before contained ; and it fhall be lawful for any of the parties
between whom fuch order (hall be made to appeal to the juftices
of the peace at their general quarter fefTion? of the peace, whofe
order and determination (hall be binding and conclufive to all
parties.

XVIIL And be it further enaded, That every dwelling- Fifth rate of
houfe, warehoufe, ftable, and other building, (except fuch build- building
ings, not being dwelling-houfes, as are herein-before particularly
declared to be of the lirft rate or clafs of building,) which
is or (hall be at the diftance of four feet, and not eight
feet, from any public road, ftreet, or caufevs^ay, and is, or fhall
be, detached from any other building not in the fame po(reirion
therewith fixteen feet at the leaft, and not thirty feet, or con-
nedted with any other building only by a fence or fence-wall,
fhall be deemed to be of the fifth rate or clafs of building, and
fhall and may be built of any dimenfions whatever,

XIX. And be it further ena<6ied, That every dwelling-houfe, sixth rate of
warehoufe, ftable, and other building, (except fuch buildings, building,
not being dwelling-houfes, as are herein-before particularly de-
clared to be of the firft rate or clafs of building,) which is or

fhall be at the diftance o\ eight feet from any pubhc road, ftreet,
or caufeway, and is, or fiiall be detached from any other build-
ins: not in the fame polTeiTion therewith at leaft thirty feet, or
conne6led with any other building only by a fence or fence-wall,
(hall be deemed to be of the fixth rate or clafs of building, and
Ihall and may be built of any dimenfions, and with any mate-
rials whatever.

XX. And be It further enacted. That every cranehoufe, now Seventh rate
built, or hereafter to be built, on any wharf or quay, and every of building,
tbamble, wmdmill or w^termill^ and ^Ifo every building which

is

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49^ Anno decimo quarto Georgii III. c. 78. [1774;

IS or (hall be fituated without the cities of London and Wefimin-
Jhr^ and the liberties thereof, ufed for workfhops or drying-
places for tanners, fell-mongers, glue-makers, fize-makers, cal-
lico-printers, whitfters, vvhiting^makers, curriers, leather-dref-
iers, buckram-ftifFners, oil-cloth painters, wool-ftaplers, throw-
fte^s, parchment-makers, and paper-makers, fo long and at fuch
times as they are or (hall be ufed for fome or one of thofe pur-
pofes, and no longer, (hall be deemed the feventh rate or clafs
of building, and may be built of any dimenfions whatever.
Materials of XXI. And it is hereby further enadled. That every fuch
cianehoyfis. cranehoufe which (hall be ereded and built after the faid twenty-
fourth day of ^fune^ and every addition or enlargement to any
cranehoufe already built, or hereafter to be built, and every new
fide, new end, or other new external inclofure which fhall, after
the faid twenty-fourth day oijune^ be made tp any fuch crane-
houfe, or to any addition or" enlargement thereof, (hall be of
(lone, brick, (late, tile, oak, elm, fteel, iron, or brafs; but every
other building of the feventh rate or clafs of building, may be.
No ffeventb erected of any materials whatever; and no cranehoufe or other
rate building building of the feventh rate or clafs of building, or any external
with^'ia^hr P^^^ thereof, (hall, after the faid twenty-fourth day oijune, be
tar, S^c. ' covered with pitch, tar, or any other inflammable compofition
or material whatever, nor fhall, after the faid twenty-fourth day
of Jvjie^ be converted to any other ufe than as aforefaid.
Detached XXII. And^ in order to prevent doubts which may arife comer n-

©ffices deem- ing the rote or clafs of building of any office or offices now built ^ or
rate as^if in"^^ /^'^r^^/'^r to be built ^ belonging to any building herein-before declared
dependent of ^^ ^^ of the ffift^ fecond^ thirds or fourth rate or clafs of buildings
any other it is hereby further enabled and declared, That every fuch office
building. which fhall be entirely free and detached from fuch building to

which the fame belongs, or (hall be conne6lcd therewith only
by a fence or fence-wall, or covered paflage open on one or both
(ides, fhall be deemed to be of the rate or clafs of building fuch "
office would be of, if the fame did not appertain to any dwelling-
houfe or other building.
How long XXIII. Jnd whereas forne hoiifes or other buildings ere5led or he-

o!d lound gun to be erscJedj before the faid twenty-fourth day ^ June, tnay have
party- voalis ^^^^ ^^. ?nore good foirnd party -ivall or party-ioalls^ although not built
^ * agreeable to the fever al rules herein- before dire^ied to be obferved con-

cerning party-walls to be built after the faid tiventy fourth day of
June, and in juch cafe it rnay happen that one of the adjoining houfcs
may have been or inay hereafter he rebuilt^ zvilhout making ufe of fuch
Where one party-wall or party-walls^ it is therefore hereby enaded, That
adjoining ^ every fuch wall may remain as a party-wall until both the houfes
beilt with in- qj. buildings to which the fame belongs, or the remaining houfe
waHs" ^^* ^^ building, where one has been already rebuilt, fhall be rebuilt,
(if fuch wall (hall fo long continue found,) and no longer: and
that in cafe either of the houfes or buildings to which any fuch
party-wall does belong has been or (hall hereafter be rebuilt
with a wall againfl: fuch party-wall (without making ufe of fuch
party- wall) of the heights and thickneffes herein- before prefcrib-

^4

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1 774-] Anno declmo quarto Georgii III. c. 78, 493

ed for fide-walJs, the proprietor of fuch remaining houfe or
building (hall not, when fuch remaining houfe or building, or the owner of
when fuch old party-wall (hall be taken down, be intitled to the other to
more than one half of the materials of fuch old party-wall, nor {^^^^ ^^^
to more than one half of the ground on which fuch old party- ^^^-^^^^ ^ancT*
wall was ere61ed ; nor fhall fuch proprietor build on more than half the fcite
one half of the faid ground, unlefs he (hall have agreed with of the old par-,
and fatisfied the owner or owner?; of fuch adjoining rebuilt houfe ^^'^^l^^^^"-
for the other half thereof; and in cafe the parties cannot agree P^ ^ ^^'^'
concerning the fame, and both or either of them (hall be de-
firous of buying or felling, the price, and the matters in differ-
ence, (hall be fettled by a jury, to be fummoned, returned, and
impanelled as hereafter is mentioned concerning mixed pro-
perty: but if fuch remaining houfe or building be of the iirfi-, party-walls
fecond, or third rate or clafs of building, or be four ftories high not being of
from the foundation thereof, exclufive of the rooms (if any) in ^^?^^^'^"!?
the roof thereof, and if in that cafe fuch old party-wall (hal'l not [^ken dow^^^
be of the thicknefs of two bricks in length, or one foot five when one of
inches and an half at the leaft, from the foundation thereof to the houfes is
the under fide of the ground-floor, and from thence upwards to rebuilt,
the top thereof of the thicknefs of one brick and an half in
length, or thirteen inches at the leatl: ; then fuch old party-wall
(hall, when either of the houfes or buildings to which the fame
belongs fhall be rebuilt, be confidered as if the fame had been
condemned, or adjudged ruinous, purfuant to the dire6lions
herein-after contained for condemning or adjudging ruinous any
unfound party-wall; or if fuch old party-wall fhall have any Ends of tlm-
timber or timbers of any adjoining building lying through the bers lying
fame, and if, when either of the houfes or buildings to which through old
the fame belongs fhall be rebuilt, the o.wner or owners of fuch {'o b^J'cut off
adjoining or remaining houfe or building will not permit fo when one
much of fuch timber to be cut off as fhall leave full fix inches of building is
clear brick work beyond the end of every fuch timber, then rebuilt,
every fuch wall fliall be confidered as if the fame had been con-
demned, or adjudged ruinous, purfuant to this a6V, and the fame
fhall be taken down and rebuilt, in fuch manner as is herein-
after diredfed concerning party- walls which fhall be fo con-
demned, or adjudged ruinous.

XXIV. Jnd whereas fome houfes or other buildings ere5ied^ or Timber par-
hegun to he ere^ed before the faid iiventy -fourth day of June o?ie titions to be
thoufand feven hundred and feventy-four^ may have one or more good '^^J^^^ down
(ind found timber partition or timber partitions, betzueen the fame and houfe or one
the adjoi fling houfe or buildings it is hereby enaded. That every front is re-
fuch timber partition may remain until one of the adjoining built,
houfes or buildings to which the fame belongs fhall be rebuilt,
or fhall have one of the fronts which (hall abutt on fuch timber
partition, or two-third parts of one of fuch fronts, taken down
to the breffummer or one pair of flairs floor, and rebuilt, or
until fuch timber partition fhall be condemned, purfuant to the
diredions herein-after contained, concerning ruinous or de-
fe6liv@ party-wall^ and party-partitions, and no longer.

XXY.And

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494

External walls
fliall not be-
come party-
Wail,

Party-walls to
be one foot
fix inches
above any
building
vhich (hall
gable againft
them.

What recef-
fes may be in
party -walls.

What open-
ings may be
in party -walls,

Anno decimo quarto Georgii III, c. yS. [1774;

XXV. Jnd as a further fecurity againft fire^ it is hereby ena^-
ed, That no wall or walls of any building of the firft, fecond
third, or fourth rate or clafs of building, already ereded or built'
or hereafter to be erected or built, or of any addition or enlarge-
ment niade or to be made to any building of fuch firft, fecond,
third, or fourth rate or clafs of building, which fhall not be a
party-wall on the faid twenty-fourth day of June^ fliall ever be
or become a party-wall, unlefs the fame fhall be and remain of
the heights and thicknefTes above the footings, and of the ma-
terials herein- before direded concerning party-walls to be erect-
ed after the time aforefaid.

XXVI. And^ as a greater fecurity from, fre^ it is hereby further
enaded. That every party-wall which (hall be built after the
faid twenty-fourth day oi June^ and every addition or enlarge-
ment which (hall be thereafter made to any party-wall then
built, or thereafter to be built, (hall be carried up, and remain,
one foot fix inches at the leaft above the roof of the highefl
building which (liall gable againft, or adjoin to, fuch p^riy^wall,
in every part of fuch party-wall where fuch building (hall gable
or adjoin thereto, meafuring at a right angle with the back of
the rafters of fuch roof; and every fuch party- wall (hall be car-
ried up and remain one foot at the leaft above the gutters of the
higheft of fuch buildings, except the height of fuch party-wall,
where fo carried up, (hall exceed the height of the blocking-
courfe or parapet of either of the fronts abutting on the fame of
the higheft building adjoining thereto, in which cafe, the end
only of every fuch party- wall next fuch blocking-courfe or para-
pet may be lefs than one foot above the gutter, for the diflance
of two feet fix inches from the front of fuch blockiog-courfe or
parapet ; and in cafe any dormer or other eredion is or (liall be
fixed in the flat or roof of any building, within four feet of any
party-w-all, then every fuch party-wall (hall be carried up againft
every fuch dormer or other eredion, and (hall extend for the
breadth of at leaft two feet wider, and to the full height of every
part of every fuch dormer or other ere6lion as (hall be within
four feet of fuch party-wall : and no recefs (hall be made in any
party- wall hereafter to be built to any building of the firft,
fecond, third, or fourth rate or clafs of building, (except for
chimnies, flues, girders, and beams, and other timbers, and for
the ends of walls or piers, as herein-after is direded,) fo as to
reduce fuch wall in any part thereof under the thicknefs by this
acl required for the party-wall to the higheft rate or clafs of
building to which fuch party-wall belongs: and there (hall not
be a^ny opening whatever, after the faid twenty-fourth day of

' June^ made in any party-wall except for communication from
one ftack of warehoufes to another, and from one ftablc build-
ing to another ; all which communications fliall have thereto
iron dcors, in fuch manner as is herein-after dire6led ; and alfo
except fuch pa(rages or ways on the ground for foot paiTengers,
cattle, or carriages 2s may be neceiTary ; all which pafTages or
ways fl)all be arched over with brick or ftone, or brick and ftone

toge-

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I774-] Anno declmo quarto GeoRGII III. c.78. 495

together throughout, of the thicknefs of thirteen inches at the
leaft in every building of the firft and fecond rate or clafs of
building, and of the thicknefs of eight inches and an half at the
leafl: in every building of the third or fourth rate or clafs of
building: and if there be any cellar or vacuity under any fuch
paffage, every fuch cellar or vacuity fnall be arched over
throughout with brick or ftone, or brick and flone together, in
the fame manner as the paflage or way over fuch cellar or va-
cuity is hereby direded to be arched.

XXVII. And it is hereby further enabled. That no timbers How ends of
fiiall, at any time, after the faid twenty-fourth day of June^ be beams maybe
laid into any party-arch, except for bond to the fame, nor into ^^,^^^^^^''
any party-wall, other than fuch templets, chains, and bond-
timbers, as (hall be neceiTary for the fame; and other than the

ends of girders, beams, purlings, and of binding or trimming
joifts, or of other principal timbers ; all which timbers flialL
have at leaft eight inches and an half of folid brickwork between
the ends and fides of every fuch piece of timber and the timber
of any building adjoining thereto; and the end of every girder,
beam, purling, binding or trimming joift, and of every other
piece of principal timber, may be laid beyond the centre of any
party-wall hereafter to be built, fo neverthelefs as that there be
left eight inches and an half at the leaft of folid brick or ftone
work'at the end of every fuch piece of timber, except in places
where any part of the ends of any fuch timber fhall lie oppofite
to and level with any parts of the ends of any timber of any
adjoining building or buildings, in which cafe, no part of fuch
timbers (hall approach nearer than four inches to the centre of
the faid wall.

XXVIII. And it is hereby further ena6led. That no perfon Party-arches
fhall cut or maim any party-arch, nor the (haft of any chimney and party-
now built, or hereafter to be built, on any party-wall, for any ^^l^^ not to be
purpofe whatfoever ; and that no perfon fhall cut or maim any "^^^"^^
party-wall now built, or hereafter to be built, other than for the

purpofes and in the manner herein-after mentioned ; that is to for what ufes
fay, when the front or back wall of any houfe or building, being parry-walls
in a line with the front or back wall of the houfe or building J^^^ ^^ ^^^
adjoining thereto, fliall at any time hereafter be built, it fhall be ^^ ^*
lawful to cut a break not more than nine inches deep from the *

external face of fuch front or back wall and to the centre of fucli
party-wall, for the purpofe of inferring therein the end o{ fuch
new front or back wall ; and in every fuch cafe where a bref-
fummer and ftory-pofts ftiall be fixed in the ground ftory of fuch
new front or back wall, fuch break may be cut from the foun-
dation of fuch new front or back wall to the top of fuch bref-
fummer, fourteen inches deep from the external face of fuch
front or back wall, and the fame may be four inches wide in X.\\q
cellar ftory, and two inches wide in the ground ftory, for the
purpofe of placing therein fuch ftory pofts, and breflummers,
agreeable to the diredlions of this a6l : and it fhall be lawful to
cut inco any party-wall for the purpofe of tailing in ftone fteps,,

or

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49^ Anno decimo quarto Georgii III. 0,78. [1774-

or ftone landings, -or for placing in fuch party-wall timber for
bearers to wood ftairs fo as no timber bearer be laid into any
party-wall nearer than eight inches and an half to any chimney
or flue whatever, or to any timber of the adjoining houfe or
building, or nearer than four inches to the internal finilhing of
fuch adjoining houfe or building, and for the purpofe of laying
therein iione corbels for the fupport of chimney jambs, girders,
beams, purlings, binding or trimming joifts, or of other princi-
pal timbers i and it (hall alfo be lawful to cut perpendicular re-
cedes into any party-wall, not being lefs than thirteen inches
thick, for the purpofe of inferting walls and piers therein, fo
iieverthelefs as that no fuch recefs be more than fifteen inches
wide, or more than four inches deep, and that no fuch recefs be
nearer than ten feet to any other recefs; and it fhall be lawful
to cut of the footing on the fide of any party-wall where either
of the adjoining buildings (hall be rebuilt with a wall againft
fuch party-wall ; but every perfon who Ihall cut into any party-
wall for any of the purpofes aforefaid, fhall immediately make
good, and well and effedually pinn up, with brick, ftone, flate,
tile, (hell, or iron, bedded in mortar, every defed which fhall be
occafioned by the cutting of any fuch party-wall : and no party-
wall (hall be cut for any of the purpofes aforefaid, if the cutting
thereof will injure, difplace, or endanger the timbers, chimnies,
flues, or internal finifhings of the adjoining buildings.
ThJcknefs of XXIX. And it is hereby further enaded, That the back of
backs of every chimney in every party-wall which (hall, after the faid

parU'" walU. twenty-fourth day of June^ be' built, (Tiall be at leafl: thirteen
inches thick in the cellar ftory, and eight inches and an half
thick in every other ftory from the hearth of every fuch chimney
to the height of twelve inches above the mantle in every fuch
How chimnies chimney ; and that no chimney which (hall, after the faid twen-
may be built ty-fourth day q{ June^ be built in any party-wall where either
in party. walls ^^ ^^ buildings adjoining thereto is of the firft rate or clafs of
* building, (hall be built with the back thereof againft the back of
any other chimney, unlefs the back of each chimney in the
cellar ftory be at leaft eight inches and an half, and the back of
each chimney in any of the upper (lories be at leaft four inches
and a quarter from the centre of fuch party-wall : and that no
chimney which (hall, after the faid twenty-fourth day o'i'June^
be built in any party-wall, where either of the buildings adjoin-
ing thereto is of the fecond, third, or fourth rate or clafs of
building, (hall be built with the back thereof againft the back of
any other chimney, unlefs the back of each chimney in the
cellar ftory be at leaft fix inches and an half, and the back of
each chimney in any of the upper ftories be at leaft four inches
Howi^ues and a quarter from the centre of fuch wall: and that no flue
niaf be built (j^oj} y^^ j^^j}^ oppofite to another flue in any party-wall, unlefs
back to back ^^^^ y^^^^ ^^ each* flue be at leaft two inches from the centre of
in party-wa s. ^^^^^^ party-wall : the breaft of every flue which (hall, afteV the
breIfts"of ^aid twenty-fourth day of June, be built, whether fuch flup be in
flues 5 .a party-wall or not, (hall be of brick or ftone at ieaft eight

^ inches

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I774-] Anno decimo quarto Georgii 111. c.78. 497

inches and an half thick in every cellar ftory, and at leaft four
inches thick in every other rtory : all the withs or partitions be- and withs.
tween any flues which (hall, after the faid twenty-fourth day of
'June^ be built, (hall be of brick or ftone, and every fuch with or
partition of brick fhall be at leaft half a brick thick : and every chimnies to
breaft and back of every chimney, and every bread, back, and be pargetted.
with or partition of any flue hereafter to be built, (hall be ren-
dered or pargetted within and without, except the outfide thereof
which (hall be next to vacant ground, in which cafe, the back of
every chimney and flue next fuch vacant ground (hall be by
lime, or in fome durable manner, marked and diftinguilhed ex«
cept in a fore-front, back-front, or flde-front of any building
not likely hereafter to be built againfl: ; and every back of every
fuch chimney and flue fo being againft fuch vacant ground (hall
be rendered or pargetted as foon as any building fhall be ere6led
to fuch wall.

XXX. Provided always, and be it ena6led by the authority Chimney-
aforefaid. That if any perfon or perfons, being pofl^eflfed of, or jambs, breafb,
intitled unto, any part of the ground whereon a party- wall is ^^'^^^^ |^^ _
intended to be built, fliall be defirous of having chimney-jambs, ty^walls where
breads, and flues of chimnies, made in any fuch party-wall on defired by
his, her, or their part thereof, or (hall be defirous of having a owner of ad«
rccefs or recefles left in the faid party-wall, of the feveral i^^^^^S
breadths and depths in and by this a6l allowed to be left or cut S^^^'^ •
into any party-wall, for the purpofe of inferting therein external
or internal walls or piers, or for any other purpofe allowed by
this ad, and of fuch defire fliall give notice in writing under his,
her, or their hands, particulary defcribing every fuch chimney-
jamb, breafl:, and flue, and every fuch recefs, to the builder or
, builders of fuch party-wall, or any one of them, at any time be-
fore fuch party-wall fliall be begun to be built; then fuch
builder or builders of fuch party-wall fhall, after fuch notice fo
given, ere6t in, a proper, fubftantial, and wofkmanlike manner,
fuch and fo many chimney-jambs, breafts, and flues of chim-
nies, in all fuch parts of every fuch party-wall as fliall be, by
the perfon or perfons giving fuch notice, required ; and (hall alfo
leave fuch recefl!es in every fuch party-wall, not being in any re-
fpe6t contrary to the rules, regulations, and refl:ri6tions, in and
by this a6t prefcribed : and, from and after the eredling fuch
jambs, breafl:s, and flues of chimnies, fo required, the perfon or
perfons giving fuch notice, his, her, or their executors and ad-
miniftrators, fliall be deemed to have made ufe of fuch party-
wall, and fhall from thenceforth be liable to pay the whole ex-
pence of creeling and fetting up all fuch jambs, breads, and flues
of chimnies, eredled in purfuance of fuch notice, and alfo fuch
proportional part of the expence of ereding fuch wall, as is here-
in-after directed concerning party-walls to be built after the faid
twenty-fourth day of June^ to be recovered in cafe of nonpay-
ment with full cods of fuit, in like manner as any proportion of
any party-wall is by this a6l made recoverable by the builder
thereof, from any other perfon liable to contribute thereto.

XXXL And

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&c. between

intermixed

property.

498 Anno decimo quarto Geokgii III. c.78. [1774;

Regulation of XXXI. And whereas feveral houfes and other buildings^ within
party-walls, ^/^^ ^^^^^^ aforefaid^ are built in fome part thereof over a public woy^
and in feveral houfes or other buildings^ ivithin the limits aforefaidy
feveral of the rooms or floors of fuch houfes or buildings are the pro-
perty of different owners^ and lie ifiternmed without being feparated
by any party-wall^ and without being arched over and under each
ether with brick orflon^^ or brick and fl one throughout ; be it there-
fore enaded, That when any houfe or other building, except
as herein-after is excepted, fo built, in any part thereof, over
a public way, or any houfe or building, except as herein-after
is excepted, having any rooms the property of different perfons,
and intermixed as aforefaid, fhall be rebuilt, there (hall be a
party- wall, according to the diredlions herein- before contained
for the higheft rate or clafs of building adjoining thereto, with
a party-arch or party-arches of the thicknefs of one brick and
an half in length, or thirteen inches at the lead, in every build-
ing of the firft and fecond rate or clafs of building, and of the
thicknefs of one brick in length, or eight inches and an half at
the leafl:, in every building of the third and fourth rate or claFs
of building, between houfe and houfe, or other building, or
between the different rooms or floors, fo being the property of
different perfons as aforefaid.

XXXIL Provided neverthelefs. That the laft mentioned .,
claufe or provifion relating to houfes and buildings in part over ^
public ways, or having the rooms or floors the property of dif-
ferent perfons, fhall not extend to all or any of the rooms or
chambers in Serjeant's Inn in Chamery Lane^ or in any of the four
inns of court, or to any of the inns of chancery, or any other
inns fet apart for the ftudy or pr2ci:ice of the law ; fave and ex-
^cept that the walls or diviiions between the feveral rooms and
chambers in fuch inns, belonging to and communicating with
each feparate and diftincSt ftair-cafe, (hall be deemed and taken
to be party-walls within this ad, and fl-\all be fubjecSl to all and
every the regulations and claufes herein contained relating to
other party-walls within the limits aforefaid.

^^^^^^_^^ XXXIII. And zvhereas it may fometimes happen that no party-

be compelled zvall or party-arch can be built upon proper foun da: ions between juch
houfes and other buildings^ over public k zvays^ or having rooms or
flcors the property of different perfons^ lying intermixed^ as aforefaid^
without pulling down fuch houfes or buildings^ and 'laying parts of
each to the others of fuch houfes or buildings ; and it may happen that
the parties inter efied therein^ or fome or one if them^ will not ^ or can^
not^ by reafon of fome legal difability^ or otherwife^ join in building
fuch party -wall or party arches ^ as aforefaid^ or in pulling down fuch
houfes^ and laying parts of each to the other or others of fuch houfes ;
in all zuhich cafes ^ differences may arife arnongf the faid feveral
oivners^ and the rebuilding the fame, and the /aid party-walls or
party-arches thereof^ may be thereby prevented or delayed^ to the great
injury or inconvenience of fuch of the oivners as are defirous of re-
building : for remedy thereof, and in order to prevent the fatal
effecis of fire, be it enaded by the autliority aforefaid. That,

in

Party -walls
not to extend
to inns of
court, &c.

Owners may

to j"in ]n
building par-
ty-walls, Uz,

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$774'] A-rino dccimo quarto Geoi^gii III. c.'/S, 499

in all and every or any of fuch cafes, when any owner or o^<'n-
_ ers of any fuch houfe or other building within the limits afore-
laid, built over any public way, or interniixed as aforefaid, (liall
be defirous of rebuilding fuch houfe or other building, and the
bwner or owners of the adjoining houfe or building, or of the
other parts of fiich intermixed houfe or building, (hall not be
willing, or (hall not, by reafon of fome legal difability, or other-
wife, be able to join in fuch rebuilding, then the party or par-
ties, fo defirous of rebuilding, (hall give notice, in writing, t6
the owner or owners of fuch adjoining houfe or hoa/es, or other
tuildings, or of the other parts of fuch intermixl?d houfe or
building, that he, fhe, or they, (o intending to rebuild, will ap-
ply to the court of mayor and aldermen of the city of London
when fuch houfe or other building, or any part thereof, is fi-^
tuated within the faid city or the liberties thereof, or to the
juilices of the peace for the county of Middle/ex^ or for the
County of Surrey^ or for the city and liberty of Weftminjhr:, or
ifor the liberty of the Tower of London^ refpedively, within
%vhofe jurifdidion fuch houfe or other building, or any part
thereof, is fltuated, in their refpe<5iive general or quarter feffions
of the peace, to be next holden, after fourteen days from the
(delivery of fuch notice, in order to obtain the judgement and
determination of the.faid court of mayor and aldermen, or ot
the faid court of feffions, (as the cafe may be), touching the
rebuilding fuch houfe or houfes, or other buildings, or fuch
party-walls or party-arches, to be defcribed in fuch notice, and
for afcertaining the fcite of a party-wall or party-walls, or the
iituation ot any party-arches to be built according to the direc-
tions ^nd reftri6lions in this a6t contained, by delivering a true
copy of fuch notice to the owner or owners of fuch adjoining
houfe or houfes, or other buildings, or of the other parts of Where oveners
fuch intermixed houfe or building; or ih cafe fuch owner or ^^''^ yi>der dif-
owners (hall be under the difability of coverture, infancy, idio- ^^^'^.^'^s, or
by, or lunacy, then to the hulband or huibands of fuch owner j,^l^^l^jtg^j j^^J
or owners under coverture, or to the guardiarks, truftees, or differences are
icomrriittees of fuch owners being under the difability of in fan- t:o be fettled
Cy, idiocy, or lunacy refpedively, or by leaving the fame at!_^^.P^^'-'"-^i
his, her, or their lai\ or ufual place of abode, or by delivering p^^^^^^^^^^^jlg^
a true copy of fiich notice to the tenant in poirefiion of fuch ad-
joining houfe or houfes or other buildings, or of the other parts
of fuch intermixed houfe or building; or in cafe fuch houle or
building fhall be uninhabited, tlien by fixing fuch copy, wrote
fair and in a legible hand, to or upon the door or fome other
notorious part of fuch adjoining or intermixed houfe or other
building which fliall be uninhabited; and in every fuch cafe,
it ihall and rriay belawful-to and for the faid court of mayor and
aldermen, and to and for the faid court of feffions refpe(Slive]y,
(as the cafe may be), and they are hereby refpedively authorifed
and required, upon application to them by the party or parties^
fo defirous to rebuild, and upon fuch proof of ilich notice as
they fhall deem reafonable, to ifTue their v/arrant or warrant^^
precept or precepts j to the fheriffs of London^ or to the ilieriff of
Vol, XXX. L 1 ' the

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5^^ Anno decimo quarto Georgii III. c. 78. [1774*

the faid county of Middle/ex, or (heriff of the faid county of Sur-
rey, or riieriff or bailiff of the liberty of his Majefty's Toiver cf
London^ (as the cafe may be), requiring them or him refpeaive-
ly to impanel and return a competent number of fubftantial and
difmterefted perfons, qualified to ferve on juries, within the re-
fpeaive diftances to which they are fummoned, not lefs than
twenty-four, nor more than thirty-fix ; and out of fuch perfons
foto be impanelled, fummoned, and returned, a jury of twelve
perfons fhall be drawn by fome perfon, by the faid court of
mayor and aldermen, or court of feffions refpeaively appointed,
in fuch manner as juries aredireded to be drawn for the trial of
iffues joined in his Majefty's courts of record at Wejlminjlei\ by
an a6t, made in the third year of the reign of his late majefty
King George the Second, (intituled. An atl for the better regula-
tion of juries)-, which perfons foto be impanelled, fummoned,
and returned, are hereby required to come and appear before
the faid court of mayor and aldermen, or before the faid court
of feffions for the faid county of Middlefex^ or county of Surrey^
or city and liberty of Weftminjler, or the liberty of hi's Majefty's
Tower of London*, (as the cafe may be), at fuch time and place
as in fuch warrant or warrants, precept or precepts, (hall be ap-
pointed, and there to attend from day or day, until difcharged
by the court ; and all parties concerned, fhall and may have
their lawful challenges againft any of the faid jury, but fhall not
be at liberty to challenge the array; and the faid court of mayor
and aldermen, and any of the faid courts of feffions, for the
faid county of Middlefex, or Surrey^ or city and liberty of JVeJl-
tninfler, or liberty of the Tower of London, is and are hereby au-
thorifed and impowered, by precept or precepts, from time to
time, as occafion may require, to call before them refpedively
all and every perfon and perfons who fhall be thought proper or
neceffiiry to be examined as a witnefs or witnefTes before them,
on oath, concerning thepremifes; and either of the faid courts,
if they think fit, fhall and may likewife authorife the faid jury
to view the place or places in queftion, in fuch manner as they
fhall direc5l, and fhall have power to command fuch jury, and
all fuch witnefTes and parties as fhall be neceffary or proper to
attend, until all fuch affairs for which they are fummoned fhall
Jurytodeter- be concluded ; and the faid jury, upon their oaths, (which oaths,
rntne what as alfo the oaths to perfons called upon to give evidence, the
proportion of f^j^j courts are hereby refpedively impowered and required to
be^pTid\y^the adminifler), ihall enquire and try, and determine by their ver-
ownersof the did, whether the premifes, in any of the cafes aforefaid, ought
adjoining pre- to be rebuilt or not; and if the fame ought to be rebuilt, fi^all
miies, award and determine the fcite of a party-wall or partywalls,

and alfo what party-arches may be neceffary over or under any
rooms of fuch houfe or houfes, or other buildings, fo intended
to be rebuilt, or fhall afcertain the quantity of the foil or ground
or other parts of the premifes (if any) neceffary to be laid to or
taken from the houfe of the perfon or perfons defirous to re-
build,-permitting fuch perfon or perfons to ere(5l a party- wall or

party- wall?5

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1774-3 Anno declmo quarto GeorGII III. c. 78. 50f

party- walls, party-arch or party-arches; and (hall afcertain and
award what (if any) compenfation ihould be made, and paid,
by either or any of the faid parties in difference to the other or
others of them, in lieu of the leflening either of the faid houfes
or other buildings by fuch party-wall or party-walls, party-arch
or party-arches, or as a fatisfa6lion for fuch other injury (if
any) as fliall be done, or occafioqed thereby to any or either of
the faid parties; and (hall alfo afcertain and award what propor-
tion of the expence of building fuch party-wall or party-walls,
party- arch or party-arches, (hall, when the farne are fo built,
be repaid by either or any df the parties in difference to the
perfon or perfons fo rebuilding as aforefaid : and the faid court Court to g\v9
of mayor and aldermen, and the faid court of feffions refpedive- ^g^^cordinff^to
ly, fhall give judgement according to fuch verdift, as well for yerdii^i
determining the fcite of fuch intended party-wall or party-walls,
party-arch or party-arches, ^s alfo for fugh fum or fums of mo-
ney (if any) fo afleffed by the faid jury, and likewife for fuch
proportion of the expence of building fuch party-wall or party-
walls, party-arch or party-arches, fo foqnd or awarded by the
faid jury, to be repaid to the perfon or perfons who Ihall re-
build or fhall have rebuilt the fame ; and (hall and may (if they
fee fit) award to either of the parties fuch cofts as they (hall
deem reafonable; which verdiift or verdi6ls, and the judge- a^d Judges
ment, order, or determination thereupon, (hall be binding and ^^|J- ^^ ^*
conclufive againft all and every perfon and perfons, bodies po- ^'

litick and corporate, claiming any eftate, right, title, truft, ufe, or
intereft in, to, or out of the faid premifes, or any part thereof,
either in polleffion, reverfion, remainder, or expedancy, as alfo
againft the King's moft excellent majefiy, his heirs and fuc-
cefTors, and againft infants and ifTue qnborp, perfons in rever^
fion or remainder, lunaticks, idiots, and f^mes-covert, and per-
fons under any other legal incapacity or difability, and againil
all truftees and eeftuique trufts, his, her, and their fucceffors,
heirs, executors, and adminiftrators, and againft all other per- Verdl£t» &g.
fons whomfoever : and all and every the faid verdicts, judge- to be recordl
ments, orders, and determinations, and all other proceedings ^^ ^y *°*'^
of the faid court of mayor and aldermen and court of feffjons, ^lerk V thcp
fo to be made, given, 9nd pronounced, a5 aforefaid, (hall be, peace*
by the town clerk of the city of Lo7tdof7^ or by the clerk of the
peace for the faid county of Middle/ep: or Surrey^ or the city and
liberty of Wejlmlnjler^ or the proper officer of the liberty of the
faid Tower of London^ (as the cafe may be), entered and filed
as of record of the faid court where fuch proceedings (hall have
been had, (for the entry and filing whereof, and for every order
of court, and copy thereof, the faid town clerks or clerk of the
peace, or other proper officer, (hall be paid after the rate of twelve^
pence for every one hundred words, and no rnore) ; and each
of them, the faid town clerk, and clerk of the peace, or other
proper officer refpedtively, is hereby impowered and required to
jmake and deliver to any perfon requiring the fame, an exem-r
pjification, under his hand and feai, of any fuch verdici'^, judges

L 1 % snerit^.

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502 Anno decimo quarto Georgii IIL C.yS. [1774.'

ment, order, and determination, being paid for the fame after
the rate of twelvepence for every one hundred words; and eve-
ry fuch exemplification (hall and may be taken and read as evt-

tTefdLsXr ^'""^^ '" ^^^ ^'''''^' ""^ ^""^ ^"^ ^^^^^y whatever: and after the
judgement PF^^tion of fourteen days from and after the obtaining fuch
and payment judgement, and payment, or tender, in manner herein-after di-
or tender ot reded, of the fum or foms of money (if any) thereby afiefled or
the money awarded, or, where no fum of money (hall be fo affeffed or award-
owne/o/the ^^.' .^^^^^ ^^^ expiration of fourteen days from and after the ob-
inttrmixed tammg fuch judgemeiit, the perfon or pcrfons who (hall have
houfe may applied for, and obtained fuch judgement, his, her, or their
puilitdown^ heirs, executors, or adminiftrators, fervants, or workmen,
(hall and may pull down his, her, or their own houfe or other
building, and rebuild the fame, in the manner fo afcertained by
and alfo may fuch judgement ; and to that end (hall and may, in the prefence
enter the ad- of a conftable or headborough, or other officer of the peaee, af-
ing i?/the ' " ^^^ ^^}^ ^^^ ^^ fourteen days after fuch judgement order and de-
pretence of a termination, (liall have been obtained, enter upon the fcite of the
peace ofTicer } ground fo afcertained for a party-wall or party-wails, party-
arch or party- arches, and into the houfe or other building (if
any be) adjoining to the houfe or party-wall or party-walls, party-
arch or party-arches, intended to be rebuilt, at any time between ■
tl»e hours of fix inthe morning and feveh in the afternoon, (^'z/;;^^^)^^
excepted); and if the outer door of fuch houfe orother building be
(hut, and the occupier, or any other perfon therein, refufe to open
the fame, being thereunto required, or if fuch houfe or other
building be empty and unoccupied, fhall and may break opea
and may re- fuch outer door, and remove to fome other part of the fame
move goods premifes, or in cafe there be no room on the premifes fuffi-
riiiiuture. ^jg^^^ £qj. ^i^^^ purpofe, to remove to any other place, anv goods,
furniture, fnelves, or other thing obflruding the building of
fuch intended party.wall or party-walls, party-arch or party-
arches, or the pulling down any wall, partition, or other thing
neceffary to be pulled down and removed, in order to the build-
ing fuch intended party-wall or party.-walls, party-arch or par-
ty-arches ; and from and after fuch entry as aforefaid, and at all
ufual times of working, it (hall be lawful for the builder or
builders employed to ere'£t fuch intended party-wall or party-
walls, party-arch or party-arches, and his and their fervants,
and all others employed by him or them, to enter into and up-
on the premifes, and abide therein the ufual times of working,
for the (boring up the faid hoqfe or other building fo broke into
or entered upon, and for taking down and removing any party-
wall or party-walls, partition, wainfcot, or other thing necef-
fary to be taken down and removed for the purpofe aforefaid,
and to build fuch intended party -wall or party- walls, party-arcli
PerCDns hin - or party-arches: and if any fuch owner or occupier, or other
dcrmgthe ^ perfon or perfons, (hall in any manner hinder or obftrud any
da^msghrg' the ^o^^^^^f^ or workmen employed for any of the purpofes afore-
vi'.^i-yi, iotoi- l^id, or wilfully damage or injure the faid works, every fuch
iek loL owner or occupier, or other perfon fo oifendingj (liallj for every

4" fuch

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J 774-1 Anno decimo quarto Georgii IIL c,yS. ^503

fuch offence, forfeit and pay the fum of ten pounds; to be le- '.
vied, recovered, and applied, as the feveral penahies of ten
pounds hereJti-after nientioned gre dire6led to be levied, reco-
vered, and applied.

XXXIV. Provided alfo, and it is hereby further enaded. Builders to be
That within ten days after fuch party-wall or party-walls, par- l]^^^^^ ^/l[^^^
ty-arch or party-arches, fhall be (o built, the perfon or perfons accoixiinHo
who fhal! have rebuilt the fame, his, her, or their executors, the verdici*
^dminiftrators, or affigns, fhall leave a true account in writing

of the expence of building the fame with the party or parties (o
awarded by the jury as aforefaid, to contribute to the expence
thereof, or at his, her, or their lad or ufual place of abode;
.or, in cafe fuch party or parties be under coverture, to her or
their refpe6live hufbands; or if infants, idiots, or lunaticks,
then to their refpedive guardians, truftees, or committees ; or
ill the cafe of any body corporate being fo awarded to contri-
bute as aforefaid, then to the mayor gr other officer of fuch
corporation ; who fhall pay to the perfon or perfons who (hall
have rebuilt fuch party-wall or party-walls, party-arch or party-
arches as aforefaid, his, her, or their executors, adminiftrators,
or afligns, the proportion of the expence of building the fame
fo awarded by thefaid jury as aforefaid, within twenty-one days
after demand thereof; or, in cafe the fame be not fo paid, it
fliall be lawful for the tenant or occupier of the houfe or buil-
ding fo chargeable therewith to pay the fame, and to de-
dud the money fo paid out of the next rent which (hall become
due to the owner or owners of fuch houfe or building; or the
fame may be recovered from the party or parties fo awarded to
pay the fame by adion of debt, bill, plaint, or information, in
any of his Majefties courts of record at Wejiminfler^ with double
cofts of fuit.

XXXV. Provided always, and it is hereby further enadled, Court o?
That all the powers and authorities by this a61 vefted in the court mayor and aU
O^ mayor and aldermen of the Q\{yo^ LondoUy may be lawfully ex- ^e^^^^d /n tne
ercifed by the court of mayor and aldermen of the faid city, to. outcrcbamber
be holden in the outer chamber of the guildhall of the faid city, ofguiidhaii.
Recording to the cuftom of the faid city.

XXX VL Provided always, and be it further enaSed by the Sefilons for
authority aforefaid. That upon every application to the general Surrey to be
quarter feffions of the peace for the faid county of Surrey^ for or c°^^f^,^V
concerning any matter to be by fuch quarter-fefllons ordered, ^^
directed, or done, in purfuance of this atl, the jury (if any) to
be impanelled, and all parties required to attend the quarter-
feffions for the faid county, purfuant to fuch application, (hall
be impanelled and required to attend at fome general or fpecial
adjournment of the faid quarter felTions, within iix weeks next af-
ter fuch application,; which faid adjournment (hall be to fome
convenient place in the Borough of Southvjark^ in the faid coun-
ty, to be appointed by the juflices in the faid feflions; and that,
from time to time, every further, meeting of the faid feffions, foi-
any thing to b^ done upon fuch application, (iiall be appointed

L 1 3 at, ,

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t)t under (lie.
riff making
default, and
aKb any wit'
ftefs making
default*

£04 Anno decimo quarto Georgii III. c. 78* [1774.*

at, or within the fpace of three weeks from the lafl: meeting^,
tvhich adjournment and adjournments the juliices of the peace
for the faid county of Surrey^ and every of them, are hereby
impowered and required to make and hold, from time to time^
as there fhall be occafion.

^^^rt may XXXVII. And be further enacfled by the authority aforefaid,

fine the (henft j^^^^ -^ ^^|j ^^^ ^^^ ^^ j^^.^^j ^^ ^^^ ^-^^ ^^^^ ^^^^ ^^^^^ ^^

mayor and aldermen, and to and for any or either of the afore-
faid courts of ieflions, (as the cafe may be), and they are hereby
impowered and required, from time to time, to impofe any
reafonable fine or fines on any of the faid (herifFs or (herifF, of
their or his deputy or deputies, making defauh in the premifeSj
and on any of the perfons who fhall be fummoned and return-
ed on fuch jury, and fhall not appear at the time and place in
fuch fummons fpecified, or^ appearing^ fhall refufe to be fworrt
on fuch jury^ or to g'^ve his or their verdidf, or in any nrianner
wilfully negleding his or their duty therein, contrary to the true
intent and meaning of this a^ ; arid on any of the perfons hav-
ing notice to attend to give evidence touching the premifes, who
fliall not attend, or attending (hall refufe to be fworn, examin-
ed, and give evidence ; and from time to time, in default of
payment thereof on demand, to levy fuch fine or fines in fuch
XDanner as other lines fet by the faid courts refpedtively have
been ufually levied ; fo that no fine fhall exceed the fum of ten
pounds upon any one perfon for any one offence ; and fuch fine
or fines, when fo received,^ or levied and recovered, Ihall be ap-
plied to and for the ufe of the perfon or perfons fo applying to
the faid court of mayor and aldermen, or to the faid courts of
feffions, (as the cafe may be), and to and for no other ufe or
purpofe whatfoever; and if fuch perfon or perfons, have notice
to attend and give evidence as aforefaid, (hall not attend and
give evidence accordingly, having had ten days previous notice
in writing thereof under the hands of the party on whofe be-
half fuch evidence (hall be wanted, his guardian, truftee, com-
mittee, attorney, or agent, and having been tendered his reafon^-
able charges and expences for fuch attendance, he, (he, or they,
to negleding or refufing to give evidence, (hall be liable to an
a6lion on the cafe, to be brought againft him^ her, or them
refpedlively by the party or parties on whofe behalf any fuch
notice to attend as aforefaid fhall have been given ; in which
the plaintiff or plaintiffs (liall recover their damages occafioned
by fuch nonattendance, with full cods of fuit ; and fuch and no
other juftification or excufe fliall be allowed for nonattendance,
as is by law allowable for the nonattendance of witneffes legally
fummoned to appear and give evidence on trials of ifTues joined
in any of his Majefty's courts of record at WeJIminJler : provid-
ed, the court "where fuch witnefs or witneffes fhall appear may
f if they fhall think fit) order fuch further fum to be paid to
fuch witnefs or witneffes refpedlively, for their attendance on
fuch courts refpecS\ively, as to them fhall feem reafonable, in
proportion to the time fuch witnefs or witneffes (hall attend ;

and

Hosted by Google

J774-] Anno decimo quarto Georgii III. c. 78. 5^5

and fuch witnefs or witneffes (hall not be compelled to give evi-
dence before fuch further fum or fums^ (if any), as (hall be fo
Crdered, (hall be paid to them refpedively.

XXXVIII. Jfid whereas it may happen that party-walls or par- Old party-
iy-arches, or party fence -walls, built or to be built within the limtts"^^^^^^^^
aforefaid, may be defe^ive^ or fo far out of repair as to render it when decayed,
neaffary to pull down and rebuild the fame^ or fome part or parts may be rebuilt,
thereof y as well when both or either of the adjoining houfes or other
buildings may not require to be rebuilt, as when the faid houfes or
buildings^ or one of them ^ may require to be rebuilt \ be it enabled by
the authority aforefaid. That from and after the faid twenty-
fourtli dzyo^June^ every owner of any houfe or building within
the limits aforefaid, who (hall think it neceffary to repair, pull
down, or rebuild any party-wall or party fence-wall, or any
part or parts thereof, between any fuch houfe or building, or
the ground thereto adjoining, and the next adjoining houfe or
building, or the ground thereto adjoining, (hall (in cafe the
owner or owners of fuch adjoining houfe, building, or ground,
will not, or by reafon of any legal difability or otherwife, can-
not agree, touching the repairing, or pulling down or rebuild-
ing, the fame) give three months notice in writing to the own- theproprietor^
er^ if he is known, and can be met with, or if fuch owner or ^^''Jl^'"^^;^^^;;;''^
owners be under coverture, to her or their hufbands refpeaive- walls or party.
ly, or if under the difability of infancy, idiocy, or lunacy, to arches giving
the guardian or guardians, iruftee or truftees, committee or three months
committees, of fuch infant, idiot, or lunatick refpedlively, or ^^otice.
otherwife to the occupier of fuch adjoining houfe, building, or
ground, of fuch his or her intention to repair, or pull down,
fuch party-wall, party-arch, or party fence-wall, or any part
thereof, by delivering a copy of fuch notice to fuch owner or
occupier, or other perfon or perfons as aforefaid, or by leaving
the fame at his, her, or their laft or ufual place of abode, or, if
fuch adjoining houfe or building be unoccupied, by fixing a
copy of fuch notice on the door of fuch laft-mentioned houfe
or building ; which notice (hall be in the form or to the efFea
following :

APPREHENDING the party-wall^ party-arch^ or party The foTm of
fence-wall, or feme part thereof (as the cafe (hall be), be- S^^^^S i^«>"«^«-
tween the houfe or building, or ground, (as the cafe fhall be),
thereto adjoining, fUuate inhabited

or occupied by and my houfe

or building, or ground (as the cafe (hall be) adjoining thereto, to
be fo far out of repair as to render it neceffary to repair or pull down
end rebuild the fame, or fome part thereof: take notice, that I intend
to have the faid party -wall, party -arch, or party fence-wall, (as the
cafe (hall be), furveyed, purfuant to an a^ of parliament made in
the fourteenth year of the reign of King George the Third -y and that
J have appointed of ani

of my furveyors, to meet

Qt in (being at fome place ^ithia

L 1 4 the

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5^ Anno deqtno quarto Geoi^gii III. c. 78. [1774.

the limits ^foref^.d,) on my behalf, on the day of.

mU at of the clock in the of the fame day :

(being between the hours of fix m the morning and fi^^ in thq
atiernQon \) and I do hereby require and call upon you to appoint two.
other furveyors or able ivorkmen on your port^ io meet them at tU
time and place aforefaid, , to view the f aid party-ivalU party- ar(^i^ or
party jenceiv<ill, (3s the cafe Hiall be), and to certify thefiate and
condition thereof ^ and whether the fame, or any part thereof^ ought
to he repaired or pulled down and rebuilt. Dated this '
day of

Surveyors to And every fuch owner/ if he is known, and can be met with,
be appointed or In cafe fuch owner be under any difabiHty, as aforefaid^
vTXrnd par". ^^^) ^"^^^^ P^^'^^"^" ^^ perfons, as aforefaid; to whom fuch notice
tj'- arches. ^^^^ ^^ ^^ g^ven, or otherwife the occupier to whom fuch no-
tice (hall be fo given, (hall appoint two furveyors or able work-
men to meet at the time and place in fuch notice mentioned ;
and they, together with the two furveyors or workmen name4
by the party giving fuch notice, and whofe names (hall be ex-
pretTed in fuch notice, may view fuch party-wall, party-arch,
or party fence- wall, and certify the Aate and conditiop thereof,
and whether the fame, or any part thereof, ought to be re-
paired, or pulled down and rebuilt; and fuch furveyors, foref-
pe(5tively named, as aforefaid, or, in cafe the owner or occupier
ot fuch adjoining houfe or building, or fuch other perfons, as
sforefaid, having notice^ as aforefaid, (hall refufe or negle6l to
name fuch tv\'o furveyors or able, workmen, according to fuch
notice, then the two, furveyors or workmen named in fuch no-
tice, together with two other furveyors or able workmen, alfo
to be named by the party giving fuch notice as aforefaid, fhall
and may, within fix days after the time appointed in fuch no-
tice, view the party- wall, party-arch> or party fence- wall, in-
tended to be repaired or pulled down ; and fhall certify, in wri-
ting, under their hands, to the faid court of mayor and alder-
men, or to the faid juftices of the peace in their next general or
quarter fefTions of the peace refpedively, (as the cafe may be),
the (late and condition oi fuch party-wall, party-arch, or party
fence- wall, and whether the fame, or any part thereof, ought
If tlie major ^° ^^ repaired, or pulled down and rebuilt: and in cafe the ma-
pait ot the jor part of the furveyors or workmen, appointed in manner z-
fr»rveyors do forefaid to view fuch party- wall, party-arch^ pr party fence- wall,
not certify f^ intended to be repaired, or pulled down, fhall not, within the
month, ano- ^P^^^ of one month next after fuch appointment, fign fuch cer-
therfarveyor tificate in writing; then, and in every fuch cafe, it fliall and
to bre named may be lawful to and for any one or more of his Majefty's juf-^
py a juilicc. |.j^^ of the peace for the faid city of London, or county of Mid-
dlefex or Surrey, or city and liberty of Weftminfler, or liberty of
his Majefty's Tower of London, (as the cafe (hall be), and fuch
one or more juftice or juftices is and are hereby authorifed and
required, upon apphcation to him or them for that purpofe i:>y
the party giving fuch notice, as aforefaid, to name and appoint

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I' 774- 3" Anno decimo quarta Geojigii IIL c. 78. 507

one otb^r ablefarveyor or workman to be added to the furveyors
or workmen, appointed as aforefaicj; and all the faid furveyors
or workmen fo appointed, or the major part of tbem, fliall meet
for that purpofe, (fix days notice having been given to or left at
the dwelling-houfe of each and every of them of fuch intended
jiieeting), and (hall view the party-wall, party-arch, or party
fence-wall, fo propofed to be repaired or pulled down : and, m Walls being
cafe the major part of fuch furveyors or workmen, appointed in ^^^ \^^^y^^^
manner aforefaid, (hall certify, in writing under their hands, ^^ ^^ ^,^^^^^5^
that the party- wall, party-arch, or party ience-wal], defcribed a copy of the
in fuch notice, or any part thereof, is decayed and ruinous, or certificate to
IS not fufficiently fecure agai-nft fire, if any (hould happen, and [^^^'l^;"',;^ '''
that the fame ought to be repaired or pulled down y then within ^.c. m three
three days next after fuch certificate made by fuch major part of days,
the faid furveyors or workmen, as aforefaid, a copy thereot fhall
be delivered to the owner or occupier,^ owners or occupiers of,
pr left at fuch adjoining houfe or building, or fixtd on the door
thereof, in cafe the fame be unoccupied ; and fuch certificate
ihajl be immediately filed with the clerk of the peace in the city,
county, or liberty where fuch wall or arch is fituate, paying
iuch clerk one [hilling for filing thereof, and no m.ore: and fuch Owners thmk-
lafi-mentioned owner or occupier, owners or occupiers, ^'^^^^ '^^^^^^^^"^^^^
and may, (if he, (lie, or they, think fit), appeal from or againR ^^g^^, ^^ ^^/
fuch certificate to the next general or quarter fe(rions to be hold- general quar*
en for the city, county, or place, (as the cafe may be); and ter reffions j
the ju(^ices, at the faid general or quarter felTions, to which fuch
appeals (hall be made, fiiall fummon before them one or more of
fuch furveyors or workmen, and fuch other perfon or perfons as
they think fit, and (hall examine the matter upon oath, which
oath or oaths they are hereby impowered to admiriifter ; and up*
on fuch examination or examinations, thefaid juftices are hereby
authorifed and required to make fuch order or orders in the pre-
mifes as they in their difcretions fiiall think to be jufi: and rea-
fonable; which order or orders fliall be entered and filed of re-
cord by the clerk of the peace for the city, county, or place, (as
the cafe may be), in like manner as the judgements of any court
of felTions concerning intermixed property are herein-before di-
reded to be entered and filed of record ; and the determination wbofe deter-
of the faid jufiices (hall be final and conclufive to all parties, mmation (hall
without any appeal from 'the fame: and, on default of appeal- ^^ ^"^1-
ing to fuch next general or quarter feQions, as aforefaid ; or if, ^^Jl^f^g j^^_
up'on any appeal, there be no order made to the contrary; then, te^,Xng"to re-
^nd in every fuch cafe, and not otherwife, it fhall be lawful for pair, kc. in
the party intending to repair, or pull down and rebuild, fuch detank of
party- wall, party-arch, or party fence-wall, as aforefaid, after ^PP^^^-
the expiration of fourteen days after delivering or leaving the
copy of fuch certificate, as aforefaid ; or after the determinatiou
of fuch appeal, as aforefaid, to caufe fuch party-wall, party-
arch, or party fence-wall, or any parts thereof, to be repaired
or pulled down, and to have and exercife the like power of en-
try into or upon the adjoining Iwufe or houfes, building or

' . buildings.

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£^S Anno dedrno quarto GeoKGII III. C. 7?; [ 1 774,

buildings, or of breaking open the fame^ in the prefence of a
peace officer, in cafe the fame be unoccupied, or be refuled to
be opened, and of removing wainfcot, flielves, furniture, and
other things, and of (boring up the faid adjoining houfe or
houfes, building or buildings, as is given or allowed to the own-
^s of intermixed houfes or buildings in and by this ad ; and
(ball and may ere^: and build a new party wall or party-walls,
party-arch or party arches, or any part or parts thereof, of fuch
materials, and of fuqh thicknefs and height, and in fuch manner,
and fubjea to fuch reftridions and directions, as are in and by
this ad prefcribed.

XXXIX. And whereas feverul old houfes and other buildings of
the firft, fecond^ and third rate or clafs of building within the limits
cforejaid, have, inflead of party -walls of the refpeaive thickneffes
herein -before dire5ied for the fame, between fuch houfes or other build-
ings and the adjoining houfes or buildings, party-walls, not being of
greater thicknefs than one brick and an half in length, or thirteen
inches, from the foundation to the gromid floor thereof^ or than one,
brick in length, or eight inches and an half from thence to the coping
thereof: and ibhereas difputes may arife concerning the pulling down
fuch old party-walls, and concerning the building party-walls agree-
able to the rules and dire^ions herein contained, in the place andftead
of fuch old party -walls, whenever the owner or owners of any or
either of the houfes or buildings adjoining to any fuch party -walls may
be defirous to rebuild any fuch houfe, or rebuild any fuch houfe or build-
ing of the firft, fecond, or third rate or ckfs of building, _ or fo much
thereof as mayfubje5J the fame, or the party-walls thereto, to the rules
and regulations contained in this a^ \ be it enaded by the authority
Owners of aforefaid. That if the owner or ov^ners of any hoUfe or buildino-
^""(i^^? ""^^a^ of the firft, fecond, or third rate or clafs of building, to which
an«j\hTrd dlfs '^^^ ^"^^ ^^^ party-wall belongs, (hall be defirous of pulling
fiiail give three down and rebuilding fuch houfe or building, or fo much thereof,
months notice as aforefaid, and of fuch his, her, or their defire (hall give three
in writjTig be- months notice, in writing, to the owner or owners, occupier or
?own^old"^ar- ^<^^"P^^^s? ^f ^be next adjoining houfe or building, of his, her,
tv-wails. ^ ^^ ^^^^^^ intention, in three months from the date thereof, to
pull down fuch party-wail, and in (lead thereof, to build a
party- wall agreeable to this a6l of parliament; then, and in that
cafe, from and after the expiration of the three months expreffed
jn fuch notice, it (hall be lawful for the owner of fuch houfe or
building, fo intended to be rebuilt, to pull down the faid party-
wall, and to have and exercife the like power of entering into
and upon the faid adjoining houfe or building, or oi breaking
open the fame, in the prefence of a peace officer, in cafe the
fame be unoccupied, or be refufed to be opened, and of remov-
ing any wainfcot, (helves, furniture, or other things, and of
fhoring up the faid adjoining houfe or building, as by this adt is
given and allowed to the owners of intermixed houfes or build-
ings ; and fhall and may, in the place and (lead of every fuch old
party-wall, build a new party- wall, of fuch materials, thicknefs,

and

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1774-] Anno decimo quarto Georgii IIL C 78. 509

and height, and in fuch manner, and fubjedl: to fuch reftridions
and diredions, as are in and b^^this a6l prcfcribed.

XL. Jnd whereas feveral old houfeSy or other buildings^ within
the limits aforefaid^ have, inftedd of a party-wall between fuch houfe
dr other buildings or between fuch houfeS or other buildings and the
houfes or other buildings and ground adjoining thereto^ one timber or
wood partition^ or two old timber or wood partitions^ vjith or without
brick noggingy in one or more of the flories thereof ^ 07ie belonging to
each hoiife or other building : and whereas difputes may arife concern-^
ing the pulling down fetch partitions, and the wall or walls under or
over the fame y if any fuch there be^ and concerning the building party -
wallsy ogreedble to the rules and directions herein contained, in the
place and fiead of fuch partition or fence, whenever it may be expe-
dient to rebuild any fuch houfe or building, or fo much thereof as may
jubje^l the fame, and the partitions abutting on the fame, to the rules
md regulations contained in this a5i \ be it enaded by the authori-
ty aforeraid,That if the owner or owners of any houfe or build- houfes^ having
ing to which any fuch timber or wood partition or partitions, or partitions of
wooden fence belongs^ fliall be defirous of pulling down and wood, may
rebuilding fuch houfe or building, or fo much thereof as afore- give three

faid, and of fuch his, her, or their defire, fhall give three "months notice

' , . - ' ' ^ . ^ . to owners or

months notice to the owner or owners, occupier or occupiers, adjoining

of the next adjoining houfe or building, of his, her, or their in- houfcs of their
tention to pull down fuch timber or wood partition or partitions defign to pull
after the end of three months after the date of fuch notice, and dojvnthefanie,
mftead thereof to build a party- wall or party-walls, agreeable to
this a6l of parliament ; then, and in that cafe, from and after and afterwards
the expiration of the three months exprefled in fuch notice, it Jhe^rSd^^ ^^rTi^
fhall be lawful for the owner of fuch houfe or building fo to be ^ions remove
rebuilt, to pull down the faid partition or partitions, and the wall furniture, &c*
or walls under or over the fame, if any fuch there be, and the ^s before dU
faid wooden fence or fences, and to have and exercife the like ^^"*^"'
power of entry into and upon the faid adjoining houfe or build-
ing and ground, or of breaking open the fame in the prefence of
a peace officer, in cafe the fame be unoccupied, or be refufed to
be opened, and of removing any wainfcot, Ihelves, furniture, or
other things^ and of fhoring up the faid adjoining houfe or
building, as by this a<5t is given and allowed to the owners of
intermixed houfes or buildings; and fhall and may, in the place
and ftead of fuch partition or partitions, and of the wall or walls
under or over the fame, if any fuch there be, or of fuch wooden
fence or fences, build a new party-wall or party-walls^ of fuch
materials, thicknefs, and height, and in fuch manner, and fub-
jedl to fuch reftri(5lions and diredlions, as are in and by this a6t
prefcribed.
LXI. And be it further enaded by the authority aforefaid, ^^^ r"''^-"*

ri^t I. r r \ r ^ ii aretobercim-

1 hat the perion or perlons, at whole expence any p^rty-wall Surfed part of

or pafty-arch (hall be built agreeably to the diredions of this their expence,
a6t, fhall be reimburfed by the owner or owners who (hall be ^"^^ »" ^t^^t
intitled to the improved rent of the adioinino; building; or around. Proportion,
ii/T-11 • i*^rr/*i°^ii who have built

and who mail, at any time, make ufe of fuch party-w:ill or {^^^ partitions

party- orparty-walU.

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^10 Anno decimo quarto Georgii IIL C 78. [1774*

party-arch, a part of the expence of building the fame, in the
proportion after mentioned ; that is to fay, If, the adjoining
building then ereded, or afterwards to be erected, be of the
fame rate or clafs of butlding as, or fuperior to, the building be-
longing to the perfon or perlons at whofe expence the faid party^
wall was built, then the owner or occupier of fuch adjoining
building or ground (ball pay one moiety of the expence of build-
ing fo much of the faid party-wall or party-arch as fuch owner
or occupier fhall makeufe of; and if the adjoining building then
ereded, or afterwards to be ereded, be of an inferior rate or clafs
of building, then the owner or occupier of fuch adjoining builds
ing or ground fhall pay a fum of money equal one moiety of
the expence of building a party- wall or party-arch of the thicic-
riefs by this ad required for the rate or clafs of building whereof
fuch adjoining building (hall be, and of the height and breadth
c»f fo much of the faid party-wall or party-arch as fuch owner
^Uxpel^^''^ ^^ occupier (hall make ufe of: and, in the mean time, and un-
the property ^^^ /^^^^ moiety or other proportional part of the expence of
of the party- building fuch party-wall or party-arch be fo paid, the fole pro^
w3lls,&c. velt- perty of fuch whole party- wall or party-arch, and of the whole
builde?^ ground whereon the faid party-wall fliall ftand, fliall be veiled

entirely in the perfon or perfons at whofe expence the fame (hall
V*^benapro- be built: and fuch moiety, or other proportional part of the
^°to br^a^id"^^ expence of building fuch party-wall or party-arch (hall be fo
^ ^ * paid to the perfon or perfons at whofe expence the fame (hall be
built, or in whom the property thereof (hall be vefted at the time§
herein-after mentioned ; that is to fay, In refped of every fuch '
party-wall to any houfe or building whereunto, at the time of
building the fame, no other houfe or building was adjoining, (b
foon as fuch party-wall fliall be firft cut into or made ufe of;
and in refped of every fuch party-wall or party-arch as (hall be
built againft, or adjoining to, any other houfe or building, fo,
foon as' fuch party-wall or party-arch fhall be con^pletely built
and finilhed ; and in refped of fuch lad-mentioned party-wall
or party-arch, the owner or occupier of fuch adjoining houfe or
building (hall, together with fuch proportional part of the ex-
pence of building fuch party-wall or party-arch, ah'b pay a likp
proportional part of all other expences which fliall be neceffary
to the pulling down the old party-wall, or timber or wood par-
tition, and the whole of all the reafonable expences of (boring up
fuch adjoining houfe or building, and of removing any goods,
furniture, or other things, and of pulling down any wainfcct or
partition, and alfo all fuch cofts, if any, as may have been awards
^d by the faid court of mayor and aldermen, or court of ftiTions,
as aforefaid ; but not any part of the expence of pulling down
and clearing away any fuch old party- wall or party-arch, or old
Fates for partition, if any fuch there was : and it is hereby direded, that the
building of expence of building fuch party-wall or party-arch (liall be efti-
^party-wa ?• mated after the rate of feven pounds fifteen (hillings by the rod,
for the new brick-work, deduding thereout after the rate of
twenty-eight fhillings by the rod for the m.aterials (if any) of fo

much

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,1774-] Anno decimo quarto Georgii TIL c.78. 51*

much of the old wall or arch as did belong to fuch adjoining
building or ground, and alfo after the rate of two-pence by the
cubical'foot for the materials (if any) of fo much of the old
timber partition as did belong to fuch adjoining building or ^ '

ground : and that within ten days after fuch party- wall or party- ^^" °^^^'^^^fj'l
arch (hall be fo built, or fo foon after as conveniently may be, -^^ l^l^^^l[\^
fuch firft builder or builders (hall leave, at fuch adjoining houfe account to be
or building, a true account, in writing, of the number of rods in left with the
fuch party-wall or party-arch for which the owner or owners of ?^'l^^^°^' ^^^
fuch adjoining building or ground (hall be liable to pay, and of I^^^J"^^^^ he'
the dedudion which fuch owner or owners ihall be intitied to is liable to pay.
. make thereout, on account of fuch materials, and alfo an ac-
count of fuch other expences and cofts as aforefaid ; whereupoa
it (hall be lawful for the tenant or occupier of fuch adjoining
building or ground to pay one moiety, or fuch proportional parr,
as aforefaid, to fuch iirfc builder or builders for ^he fame, and
alfo for fhoring and fupporting fuch adjoining building as afore-
faid, and for all fuch other expences as are herein-before directed
to be paid by the owner or owners of fuch adjoining building or
ground, and to deduct the fame out of the rent which fhall be-
come due from him or her to fuch owner or owners, under
whom he or (he holds the fame refpectively, until he or (he (hall
be reimburfed the fame: and in cafe the fame be not paid with- Howexpence
in twenty-one days next after demand thereof, then the fame J^^^J^^^^^^'
(liall and may be recovered, together with full cofts of fuit, of
and from fuch owner or owners, by action of debt, or on the
cafe, in any of his Majcfty's courts of record at TVeJlminfier i
wherein no e(roin, prote6tion, or wager of law, or more than one
imparlance, (hall be allowed: and if the plaintiff or plaintiffs, in If the plaintiff
any fuch adion, a^ali, three calendar months at the leaft before ^i^^^s^^h^ts^*^
the commencement thereof, give notice in writing to the perfon ^^ont lis notice,
or perfons againft whom fuch adion is intended to be brought.,
of his, her, or their intention to bring the fame, or leave the
fame at his, her, or their laft or ufual place of abode, and (hall
in fuch notice fpecify the fum for which it is to be brought, and
alfo annex to fuch notice a bill of the juft and true particulars
of the expences and charges with which the intended defendant
or defendants is or are to be charged; then fuch plaintiff or and recovers
plaintiffs, if he, fhe, or they, recover the full fum fpecified in ^^^^ whole
fuch notice, fhall alfo recover and be intitied to double cofts of J'^^^Yl^b^e inb'-
fuit, and fhall have and be intitied to the like remedies for reco- tied to double
very thereof, as are ufually given for cofts in other cafes of colls colls,
^t law.

XLII. And be it further ena61ed by the authority aforefaid.
That every party-wall hereafter to be built, and every addition n^^t^'^r^'^?
which (hall be made thereto, or to any party-wall which is si- ^'j,^J^^^^^^^^^^^^
ready built or begun, (hall be built agreeable to the directions for the highea*
herein contained concerning the party-wall of the highcfi: rate rate of build-
er clafs of building to which fuch party-wall (hall adjoin, when ^"S adjoining^
fuch additions are compleated ; and that no party-wall now and not to be
'builtj or hereafter to be built, (liall, after the fame and the build- ^^ J^^^^ ^^'^^^^

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5^2 Anno decimo quarto Georgii III. c. 78. [ijji.

ings adjoining thereto is and are compleated, be raifed, unlefs
the fame when raifed be of the full thicknefs fuch party- wall is
of in the ftory next under the roof of the highert adjoining build-
ing ; nor fhall any party-wall hereafter be raifed, unlefs the fame
can be done with fafety to fuch wall, and the feveral buildings
adjommg thereto; but all fuch party- walls as will, when raifed,
be of the materials, heights, and thickneffes herein-before re-
and maybe quired, or as can be fafely raifed^ may, together with the fliaft
owner o^one "l' ^'^'' of the chimnies belonging thereto, be raifed by and at
fide. ^"^. ^^P^"ce of the proprietor or occupier of any building, to

which the f.:me belong, to any height he, (he, or they, Ihali
of th^oTher '"^ proper; but if the proprietor or occupier of any building
fide make ufe ^^Pinmg to the faid party-wall and chimney fhafts, (hall make
of it, he nuift ^^^ Of any part of fuch party-wall and chimney (haft, other than
contribute to the ufe he makes of the chimney flues therein, which (hall be {o
the expence. raifed, then fuch perfon fo making ufe thereof, for the part fo ufed,
(hall be chargeable with a proportionable (liare of the expence
of raifing fuch party-wall and chimney (hafts ; and in computing
fuch charge the fame (hall be rated in manner herein-before
mentioned, and the proportion fuch perfon (hall be liable to pay
(liall be recovered in fuch manner as is herein-before particularly
declared concerning the lirft building of a party-wall.
Party fence- XLIII. Provided always, That any party fence-wall, now
^^^'^',^^y^^^^ built, or hereafter to be built, may be raifed by and at the expence
owner of one ?^ , ^^^ proprietor or occupier of the ground on either fide ad^
fide,batnotto joining thereto; but no party fence- wall (ball hereafter be built
be ufed as a upon, or againft, or ufed as a party-wall, unlefs the fame be of
prty-pvall un- the materials, height, and thicknefs, herein-before direcled for
thiXefr&^^^^^ party-walls, to the rate or clafs of building fo to be eredled
Owner of one againft or upon the fame : and in cafe of the infufficiency of fuch
lide may take wall for the purpofes aforefaid, or if inftead of fuch party fence-
down a party ^gll there be only a wooden fence, the proprietor or occupier of
a^!d biTifd a ^'^^^^^ of the adjoining premifes ihall be ^t liberty, at his own
party-wall. expence, to take down fuch wall or fence, and erect a new party-
wall in lieu thereof, making good every damage that may accrue
to the adjoining premifes by fuch rebuilding, fo neverthelefs as
that fuch new party-wall (hall not extend on the furface of fuch
adjoining ground more than k\tx\ inches beyond the centre line
If the owner of fuch party fence- wall or fence; but no proprietor or occu-
fide^ufes 'ir P'^^ ^^ ^^^^^ adjoining premifes fhall make ufe of fuch party-wall,
other than as otherwife than as a party fence-wall, unlefs he, (he, or they, pay
a party fence- a proportionable (hare of the whole expence of eredling fuch
wall, he muft parts of fuch wall, according; to the ufe he, fh^, or they, (hall

the ex'^enU'' "^^^^ ^^ ^^^ ^^"^^' ^^ ^^^ ^^^^^ aforefaid.

e expence. XLIV. Provided alfo, That in cafe any fuch party-wall fhal!
Firft builder extend further upon the ground of the party building the fame
•i^gh''t''ofToir^^ ^^^" ^^^ P^^^y fence wall did, yet the party rebuilding the fame
qjccount of ^^^11 not thereby lofe any part of the foil whereon fuch party*
party- wall not wall fhall be built ; nor (hall the owner or owners of the other
being half on part of fuch party-wall claim, or be intitled to, any right of foil,
,€ach ground. ^^^.^ ^^^^ ^^^^ ^^ ^^^ before iatitled to,

XLV. And

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1774'] Anno decimo qukrto Georgii IIL C. 7^. 513

XLV. And be it ena61ed by the authority aforefaid. That if if the fore and
the fore-front and bank-front of any building now built, (hall, backfrontsare
after the faid twenty-fourth day of June, be rebuilt as low as the ^^^T^ ^.^^'"^

1 /v ■' ■ r n ■ n • I-- .u r c a within five

breflummer, or one pair of ftairs floor, within the Ipace ot hve ^^^g^ t\\\%\^

years from each other, the party-walls of every fuch building deemed a re-
(hall, from thenceforth, be in all refpeds fubjed to the feveral building,
regulations herein-before contained concerning the party- walls
of houfes to be built after the faid twenty-fourth day of June:
and for the further prevention of fire, the back of every chim- Thicknefs of
ney to be built after the faid twenty-fourth day oijme, in any backsotchim-
building of the firft rate or clafs of building, not being in a par- pa^^ty-walis.
ty-wall, (hall be in the cellar ftory at leaft thirteen inches thick ^
from the hearth, to the height of twelve inches above tlie man-
tle; and fhall be at lead eight inches and an half thick from the
hearth to the height of twelve inches above the mantle in every
other ftory, except where any fuch chimney fhall be built again(^
a wall, in which cafe the back of every fuch chimney, from the
hearth to the height of twelve inches above the mantle, may be
half a brick thinner: and that the back of every chimney here-
after to be built in any building of the fecond, third, or fourth
rate or clafs of building, not being in a party-wall, fha.l be in
every ftory at leaft eight inches and an half thick, from the hearth
to the height of twelve inches above the mantle, except where
any fuch chimney (hall be built againfl a wall, in which c2{q the
back of every fuch chimney from the hearth to the height of
twelve inches above the mantle may be half a brick thinner:
and that there (hall be no timber whatever over the open- Bread of
ing of any chimney, to be built after the time aforefaid, for fup- ^^^'/^"^v not-
porting the bread of fuch chimney; but there fhall he an arch ^j j^ tunber'
of brick or done, or an iron bar or bars over the opening of every
fuch chimney, to fupport the breafi: thereof: and that no timber Timber under
(hall, after the faid time, be laid in any wall under the hearth of ^^^^f^^''^^^
any chimney thereafter to be built, unlefs the fame (hall be in hJJ^hes lower.
every part thereof which (hall lie under fuch hearth ei2;hteen
inches at the lead lower than the furface of fuch hearth ; and Hearth muft
that the hearth of every chimney, to be built after the time afore- ^^ '^'^ o"
faid, (hall be laid wholly on hrick or done, except the fame be or'fndif''"^'
in a cellar or ground dory, and be laid and bedded on the folld ground,
earth ; and every fuch chimney (hall have a dab or dabs, or Slabs before
foot paces before the fame, of tile, done, marble, or iron, at hearrhs, and
lead eighteen inches broad, and at lead one foot longer than the ^^'^'^ ^^M"~
opening of every fuch chimney when fini(hed ; and fuch flab or them.^^
dabs, or foot paces, (hall be laid on brick or done trimmers, at
lead eighteen inches broad from the opening of fuch chimney,
or from the perpendicular face of the arch over the opening
which fupports the bread of iuch chimney; except the fame be
in a cellar or ground floor, and be laid and bedded on the folid
e^rth.: and that no timber or wood-work whatever d)all be laid No timber in
in the brick-work of any oven, dove, copper, dill, boiler, or <^^"'^^'icl^-wo'"l^
furnace, to be built after the faid twenty-fourth day of June^ ^\^^'^^' ^^^''
nor within two feet of the infid^ of any fugh oven, (love, cop- ^^^^* ^'

per.

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514 Anno decimo quarto GsoRGil 111. c. 7S, [1774;

biftance of P^^ ftil^ boiler, or furnace ; nor (hall any timber whatever be
timber laid in laid in the brick-work of any chimney, to be built after the faid
thebnck-work time, nearer than nine inches to the opening of fuch chirhney^
ftoves"&cr' or than five inches to the inflde of the flue of any chimney, oven,
ftove, copper, ftill, boiler, or furnace, or than nine inches to
the infide of the flue of any fuch oven, fl:ove, copper, ftill, boiler^
or furnace, where any fuch timber (hall lie or be placed nearer
Wood- work ^han five feet above the mouth of the fame : and that no wood-
o"chrmntes^to ^°^^ whatever fliall, at any time after the time aforefaid, be af-
be fixed by ^^^^ to the front of any jamb or mantle, or to the front or back
iron nails. of any chimney or flue, except fuch wood- work be affixed by irori
nails or holdfafts, or other iron faftenings; and ho iron nail^
iron holdfaft, or other iron fafl:ening, (ball lie or be drove more
than three inches into the wall againfl fuch chimney or flue, or
nearer than four inches to the infide of the opening of any
No chimney chimney; and that no chimney fhall, after the time aforefaid^j
to be epded \yQ eredled on any timber-work whatever, except on fuch pilings
on tim er. bridging or planking, as may be neceffary below the foundatiori
of the building in which fuch chimney is eredled; but every
chimney thereafter to be built fliall be ereded on fuch piling,
bridging, or planking, or on folid ground, or on a brick or ftone
foundation, or fhall be fet upon brick or ftone corbies, or irod
brackets, or upon iron fiiores, which iron fhores fliall be fup-
ported by brick or ftone foundations.
Materials of XL'VI. And it is hereby further ena6led,Tha(; every external
external walls, ^^}| or external inclofure of every building of the firft, fecond^
third, fourth, or fifth rate or clafs of building, which fliall be
eredted and built after the faid twenty-fourth day of June^ and
of every addition or enlargement thereafter to be made to any
building of the firft, fecond, third, fourth, or fifth rate or clafs
of building, now eredted, or hereafter to be ereded, fliall be of
brick, ftone, artificial ftone, lead, copper, tin, flate, tile, or ironj
or of brick, ftone, and fuch artificial ftone, lead, copper, tin^
flate, tile, and iron together, except the neceflary piling, bridg-
ing, and planking, for the foundation of the fame, atid alfo ex-
cept the neceflary templets, chains, bond-timbers, and alfo ex-
cept the doors, faflies, window-fliutters, and dopr and win-
dow frames to fuch buildings, and the tiers or ftories of door-
cafes and doors to all fuch warehoufes as are or fliall be of the
SaOi-frames fy([^ fecond, third, or fourth rate or clafs of building ; all which
and ^o^i"- window-frames and door-frames fliall be fet in reveals, and re-
i^I^veall ^ cefled at leaft four inches from the front of the building in whicli
fuch window-frames and door-frames fliall be fixed ; and alfd
except the breflummers, ftory-pofts, and plates, which may be
made on the ground-ftory only ; and alfo except all ftall-boards
far the conveniency of any fhop or fliops, which may be madd
on the ground-ftory onlyj which breflummers, ftory-pofts, and
plates, and the tiers or ftories of door-cafes and doors to all fuch
Storypons vvarehoufes, as before mentioned, are not hereby required to be
inTrXb^'but fixed in reveals ; but no ftory-poft or breflhmmer (hall, at any
two inches in time, after the faid tvventy-fourth day of Jtme, be fixed more
pany-wai!$. thani

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17740 Anno decimo quarto Georgii III. c. 78. §1$

than two inches deep in any party-wall, or be placed in any

front nearer than kvtn inches to the centre line of the party-wall

of fuch building, if fuch party-wall be of the thicknefs of two

bricks, or nearer than four inches and an half to the centre of

fuch party- wall, if fuch party-wall (hall not exceed one brick

and an half in thicknefs j but no timber-work whatever, other

than and except fuch breffummer, ftory-pofts, and plates, and

fuch tiers or ftories of door-caCes and doors (hall be laid in any

fuch external wall nearer than four inches to the external fur-

face thereof; and every fuch ftory-poft which ihall be fixed as a ^^^^^^^^*^'Jj

fupport to two-fronts, being the corner of any ftreets, fquare, ^^^ ^^ ^^^^^

place, court, or way, (hall be of oak or ftone, and at leaft twelve and iz inghe*

inches fquare. fcjuar^.

XLVII. And be it further enacted by the authority aforefaid,
That every fiat, gutter, and roof, of every building of the firft ^'f ^^'^^^^^^^^
fecond, third, fourth, or fifth rate or clafs of building, which ^^J^,^^/
(hall be built after the faid twenty-fourth day of Jwie, and every
turret, dormer, and lanthorn light, or other eredion, which ^(hall
be placed in the flat of roof of any fuch building, and every
external part of any flat, gutter, roof, turret, dormer, and
lanihorn, in any building of the firft, fecond, third, fourth, or
fifth rate or clafs of building, now built, and which (hall, at
any time after the time aforefaid, be ripped or uncovered, ihall
be covered with glafs, copper, lead, tin, (late, tile, or artificial
ftone; except the doors, door-frames, windows, and window-
frames, of fuch dormers, turrets, lanthorn lights, or other

ere<5lions. , , , , - r

XLVIII. And be it further enaded by the authority afore*
faid, That every coping, cornice, facia, window-drelfing, por- Materialsof
tico', balcony, baluftrade, or oiher external decoration or projec- ^^^fj"^ '^^^^
tion whatfoever, to be made after the faid twenty-fourth day of
June,' to any building of the fir(\, fecond, third, or fourth rate
or plafs of building; and alfo every frontifpiece to any building
of the firft rate or clafs of building, now built, or hereafter to be
built, or to any addition or enlargement of any fuch buildings
Oiall externally be of brick, (\one, burnt clay, or artificial ftone,.
ftucco, lead, or iron; except the cornices and drefTmgs to (liop-
windows; and alfo except fuch covered ways as may hereafter
be made to any building, fo neverthelefs as that the faid cover-
ed way, or any part thereof, fliall not extend beyond the original
line of the houfes in the ftreet or way in which the fame (hall be
or isereded ; and fuch covered way (liall be covered with ftone,
lead, copper, flatef, tile, or tin ; and neither the faid covered
way, nor the cornice or dre(rings to any (hop-window, nor the
roof of any fuch portico, (hall be higher than the under fide of
the (ill of the window, frame of the one pair of ftairs window of
the building to which the fame belongs : ax^d that no water (liall Water how t<^
be fuffered to drip next tq any publick ftreet, fquare, place, be conveyed
court, or way, from the roof of any building of the ftrft, fecond, ^^^"^ ^^^^**
third, or fourth rate or clafs of building, to be built after the
faid twenty-fourth day of June, except from the roofg of porti-
• Vol. XXX. M m coes

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5^i6 Anno declmo quarto Georgii Iir. c. 78. [1774;

coes or other entrances ; but all water from fuch roofs (hall be
conveyed by lead, copper, tin, or iron gutters or pipes, or all or
either, or any of them, or by wooden trunks, or brick or ftone
funnels, to the drains or channel ftones, how made, or hereafter
to be made, on or below the furface of the ground, for that pur-
pofe, or to fome ciftern or other refervoir made to receive the
fame, or to any front of fuch building not abutting upon any
public flreet or way; and no fuch brick or ftone funnel (hall,
after the time aforefaid, be made or built, unlefs the fame [halt
be in every part thereof below the furface of the foot pavement
before the fame, nor (hall any fuch wooden trunk, after the faid
time, be fixed, unlefs the fame be, in every part thereof, below
the tops of the windows of the ground ftory.

XLIX. And be it further enaded by the authority aforefaid,
Nobow.M>In^ That no bow-window or other projeaion ftiall, after the time
(lows to be aforefaid, be built with, or added to, any building of the
hi':!^U'^om^ ^'^' fecond, third, or fourth rate or clafs of building^ next to
thf lmro7the ^"y public ftreet, fquare,. court, or way, fo as to extend beyond
ftreet, the general line of the fronts of the houfes in fuch pubHc ftreet,

fquare, court, or way, in which fuch bow-window or other pro^
except pro- jedion is made ; except fuch projedlions as may be neceflary for
jeaions for Copings, cornices, facias, door and window dreffings, or for open
iwTvnido^^^ porticoes, fteps, or iron pallifades; and alfo except fuch window
and ftall- }^ ^^Y ^^P ov fhops on the ground-fioor ftory of any fuch build-

boards, ing, the ftall-boards of which windows (hall nat^ in any ftreet or

way thirty fcQl wide or more, projed above ten in<:hes, nor in
any ftreet or way lefs than thirty feet wide, above five inches
from the upright line of the building in fuch ftreet or way re-
fpe61ively : and no cornice or covering thereof to any fuch fhop-
window fliall, in any ftreet or way thirty feet wide or more, pra-
jed more than eighteen inches^ nor in any ftreet or way lefs than
thirty feet wide more than thirteen inches from the upright line
Materials of of the building to which fuch (hop-window belongs: and that
anJpTo"<fc^^^ no bow-window or other projection, except as before ex-
tions. ^^ ' cepted, fliall, after the faid twenty-fourth day of Juney be built
with, or added to^ the frorlt of any building of the firft, fecond,
third, or fourth rate or clafs of building, unlefs the fame, and
the columns and pilafters (if any) which fupport the fame, be
built of the feveral materials herein-before directed to be ufed in
all external wails, or external inclofures.
Saving to L» Provided always, and be it enaded. That nothing herein

commii^ioners contained ihall prejudice, leffen, or defeat the powers granted to
paving. ^^^ commiftioners for paving any ftreets or other places within
the limits aforefaid, by any a6t or a6ls of parhament, or to the
commiffioners of the fewers for the city of London.
CId external LI. And be it further enaded by the authority aforefaid, That
trails or indo- every external wall, or other external inclofure, to any buildings
^\T^^utA^\ih ^^'^^^^ is built, or begun to be built, before the faid twenty^fourtli
thelame ma- ^^Y ^^ Jum^ not being of the feveral materials in and by this a6t
terialsi required for external walls, or external inclofures, thereafter to

be built, may be ^t all times thereafter repaired with the fame

fort

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'5 774-] ^nno decimo quarto GeoRGII III. b. 78. 5^7

ion or forts of materials as the materials of which fuch external
wall/cr other external inclofure, is ereded, (except the exter-
nal inclofures of roofs, flats, gutters, and of the dormers, tur-
rets, and lanthorn lights, or other erections on the fame, which
ihall be repaired with the materials herein-before directed for
the fame;} but in cafe any fuch external v/all, or other external
inclofure, be at any time hereafter taken down or otherwife de-
moliflied to the breffummer or one pair of ilairs floor, or the
place where the brelTummer is ufually fixed, then every part of
the fame, riot being built of the feveral materials in and by this
acl required for external walls, or other external inclofures,
thereafter to be eredled, fliall be taken down, and the fame fliali
be entirely rebuilt of fuch materials, and in fuch manner, in all
iefpedls, as in and by this ad required for all external walls, or
other external inclofures, thereafterto be built, according to the
i^ate or clafs of building to v^hich fuch wall, or other external
inclofure, belongs. .

LII. And be it further enabled by the authority aforefaid,That No bdw-w^t^-
ho bow-window or other projedlion, made or built before the ^^^ or pro-
faid twenty-fourth day of June^ ihall be at any time thereafter [ebutlVunleff
i-ebuilt, except fuch projedions as are in and by this a6l allow- originally
(cd, unlefs fuch bow-window, or other projedlion, was built at built, or with-
the fame time the houfe or buildino; to which the fame belono;s ^'^ ^^^^ ^^'^^ ^^
was built, or unlefs fuch bow-window, or other projedion, be ' ""

within the original line of the fl:reet, fquare, place, court, or
Vay, in which the fame is ereded.

LIII. And be it further enacSted by the authority aforefaid, ,
That no ftack of warehoufes to be ereded after the faid twenty- No llack of
fourth day of J02e, ihdW contain more than thirty- five fquares of ^^^^^^^^J^^^^^ ^^
iDuilding on the ground plan thereof, including all the external fquaresinclud-
and internal walls, and fo much of the party-walls, if any, as ing interna)
belong to fuch ftack of warehoUfes ^ and no enlargement (hall and external
be at anytime thereafter made to any flack of warehoufes already ^'^^^^'
built or be2;un, fo as to encreafethe farhe beyond the faid thirty-
live fquares on the ground plan, including fuch walls as afore-
faid, except fuch flack of warehoufes be feparated and divided by
bne or more party-wall or party- walls, builr, in every refpect,
according to the diredtions herein-before contained concerning
party-walls, into divifions of not more than thirty-five fquares
ieach^ including fuch walls as aforefaid on the ground plan of
fuch warehoufes-, and that no flack of warehoufes fliall com- Nocoriimur^;*
iDunicate with any other vi' a re houfe or building through a party- cationthrougSi
Wall, unlefs the door-cafe and i\U of every fuch communication [|nkfs'by (tone
be of flone, and unlefs there be to every fuch communication a door -cafes and
door of wrought iron^ of the thicknefs of a quarter of an inch at iron doors,
leafl: in the pans^iels thereof; and no timber, bond, or Imtel, No timber
fliall be laid into the brick-work of any wall in any fuch flack of .^J^^^'^ ^^ ^,
warehoufes nearer than eighteen inches to the opening of f ich jqqJ,^^ °^ ^^"^'^
Comrriunication.

.LIV. And be it further enaded by the authority aforefaid, Nafl-ables to
That no bu-ilding for ftables, to be erected after the faid twenty- contain more

Mm 2 fgurth^^^^^'^5fq^^i-es

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5^S Anno decinio quarto Georgii III. c.y2. [1774.

of building in- fourth day of June^ fhall contain more than twenty-five fquares
eluding inter- of building on the ground plan thereof, including all the exter-
nal walls''''^'''" ^^^^ ^^^^ internal walls, and fo much of the party-walls (if any)
as belong to fuch building for ftables ; and no enlargement (hall
be at any time thereafter made thereto^ or to any building for
ftables already built, or begun, to be built, fo as to encreafe the
fame beyond the faid twenty-five fquares on the ground plan,
including fuch walls as aforeCaid, except fuch building for ftables
be feparated and divided by one or more party- wall or party- walls,
built in every refpecl accordmg to the diredions herein- before
contained concerning party-walls into divifions of not more than
twenty-five fquares each, including fuch walls as aforefaid, on
No communi- the ground plan of fuch ftables : and that no fuch building for
^kh'o^ut hTv- ^^^^^^ ^^^^^^ communicate through a party-wall with any other
xng ftone ftables or building, unlefs the door-cafe and fill of every fuch

cales, ,5.:c. communication be of ftone, and unlefs there be to every fuch
communication a door of wrought iron, of the thicknefs of a
quarter of an inch in the pannels thereof; and no timber, bond,
or lintel, ftiall be laid into the brick-work of any wall in any
fuch building for ftables nearer than eighteen inches to the
opening of fuch communication.
Buildings ^ LV. And-be it further ena^^ted by the authority aforefaid, That

vi^ded^iuto'^' ^^ ^"^ building whatfoever of the firft, fecond, third, or fourth
diilin6rte*- ^^^^ ^^ clafs of building, (except buildings, in the feveral inns of
nures on the coun or chancery, the Royal Exchange^, companies halls, and ex-
ground-floor cept ware-houfes and dwelling-houles let at a rack rent for not
^^^T^'ld^^' rnore than twenty-five pounds by the year,) be at any time
rate ui ^^g'- hereafter converted into two or more dwelling- houfes, work-
ftiops, ftables, or other buildings, which fhall be in diftind te-
nures on the ground-floor thereof, then each fuch tenement (hall
be confidered as a feparate building, and the fame ftiall be-di-
vided from each other by a party-wall or party- walls ; and every
fuch party-wall fhall be of the materials, height, and thicknefs,
ai^id (hall be from time to time under the feveral regulations re-
fpe6ling party- walls herein directed to be obferved with refpe6t
to the party-wall of the higheft rate or clafs of building adjoin-
ing to fuch party-wall or party-walls.
Notto prevent LVI. Provided neverthelefs. That nothing in this ad con-
propnetors tained fhall extend to prevent any perfon, being the proprietor
wal^houfes"^ or leafeholder of any ftack of wareboufes, from dividing the faid
' warehoufes from time to time into divifions, for the conve-
niency of letting the fame to under tenants ; fo, neverthelefs, as
that, if any ftack of warehoufes contain more than thirty-five
fquares of building on the ground plan, the fame (hall foe fepa-
rated and divided by a party-wall or party-walls as aforefaid, in-
Xp divifions of not more than thirty -five fquares each as is herein-
before direded concerning ftacks of warehoufes to be ereded af-
nor from dl- ^^^ ^^''^ ^^^^ twenty-fourth day of Ju7ie,

ving ftables', LVII. Provided alfo,That nothing in this ad contained (hall
rnbie6l to re- extend to prevent any perfon, being the proprietor or leafe-

ftfiaionsmen- holder of any ftable yard, or livery ftables, from dividing the
r..oned. ^ J ~ ^ ^^.^.

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t774'l -^""o decimo quarto GeoRGII III. C.78. 5^9

faicl flablfes from time to time into divifions, for the conveniency

of letting the fame to under tenants ; fo, neverthelefs, as that

if any building for ftables contain more than twenty-five fquares

of building on the ground plan, the fame (hall be feparated and

divided by a party-yvall, or party- walls, as aforefaid, mto divi-

fions of not more than twenty-five fquares each, as herem-be-

fore direded concerning buildings for ftables to be ereded after

the faid twenty-fourth day of Ju^ie. ,.,11, -u- r

LVIII. And it is hereby further enaded, That if any build^- f^'^f^/^^^^^^
ing hcrein-before declared to be of the fifth or fixth v^ttorchfs ^^^^^^ ^^"JJ^ .^
of building, be hereafter divided into two or more diftindt te- diiVma te.
nures, and the feveral parts of fuch building in fuch feparate te- nures, and not
nures be not at the feveral difiances from each other herem- at therequihte
before particularly direded for every fuch. fifth or fixth rate "^^^^^^
building; then, every fuch feveral partof iuch buildmg m .every f^^^^^^
fuch feparate and difiind tenure, be nearer to each other than
the faid feveral diftances, (hall be deemed a public nuifance, and
ftall be immediately taken down as fuch.

LIX And be it further enaded by the authority aforefaid, No funnel for
That no iron, tin, copper, or other pipe or funnel for convey- };;!°^7^^^^^
ing fmoke or fteam, (hall be at any time after the faid twenty- f,ontof houfes
fourth day of Jufu, fixed next any public ftreet, fquare, court, of the fint, fe-
or way, on the front of any building of the firft, fecond, third, cond, third, or
or fourth rate or clafs of building; nor fiiall any fuch P^P^ ^^^ [^"^^"'^^^^^^^^^
funnel be fixed on the infide of any fuch building nearer than ^i^^infide
fourteen inches to any timber, or other combuftible material nearer than 14
whatever ; nor fhall any brick funnel be thereafter built or placed inches to any
on the outfide of any frorst next to any public fireet, /q^are, timber^^ ^^^
place, court, road, or way, of any building of the firft, fecond j,el in the front
third, or fourth rate or clafs of building, fo as to extend beyond ^,^ extend be-
the general line of the houfes in the public ftreet, fquare, place, yond the line
court, or way, in which the fame is ereaed. . • 1 ^1 ^^^ ^'^^^'

LX. And be it further enaifed by the authority aforefaid,That Every build-
every church, chapel, meeting-houfe, dwelling-houfe, or other ing contrary,
building, and'every party-wall and other wall which ^f^^^'^tfZ'ln'""
the faid twentv-fourth day of >7^, be built within the limits of ^^.^
this aa, fhall''be built purfuant to fuch rules and regulations,
and with fuch materials, as are herein-before particularly ap-
pointed ; and if any perfon or perfons prefume to build or to
begin building, or to caufe the building or beginnmg to build,
or to alter, or caufe to be altered, any building already eredled
in any refped contrary thereunto, and be thereof convided by
the oaths of two or more credible witnefTes before the mayor of
the city of Lo^idon, or any two or more jufiices of the peace for
the faid city of Londof7, or counties of Middlefix or Surrey^ or
citv and liberty of TVeflminpr, or liberty of his Majefty's Tower
of London refpeclively, where fuch building, contrary to the re-
flations aforefaid, (hall be fituated, (which oaths they the faid
mayor and juftices are hereby refpeaiveiy impowered and re-
quired to adminifter,) then the faid houfe, building, or wall, fo
irregularly built, or begun to be built, or fo irregularly altered,

M m 3 ^^

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5^o Anno decimo quarto Georgii III. c. yS. [1774.

or begun to be altered, Ihall be deemed a common nuifance, and
and fbe build- the builder and the owner thereof, or one of them, fuch as thQ
er and owner f^i^] niayor or juftices (hall require, (hall enter into a recognizance
rLo^niVa"nce^ ^^ ^^^^'^ ^^^ ^^ ^^^ ^^'^^ mayor or juftices fhall refpeaively appoint,
todeaioliOi for abating and demolifhing tlie fame, within fuch convenient
the fame. time as the laid mayor or juftices (liall refpedlivisly appoint ; or
othermfc to amend the fame according to fuch rules and reo-u-
lations as are herein-before cotUained : and in default of en terin<>-'
into fuch recognizance, the j*)erron or perfons fo making default
fl^all be committed to the common gaol of the city, county, or
liberty, where the offence (hall be committed, there to remain
"without bail or mainorize, until he fhall have abated or demo-
ii(hed, or otherwife amended, the fame ;, or until fuch irresjular
houfe or building ihall be abated or demoliihed by order of'fuch
rjiayor or juftices refpe<5iively, which ord^er the faid mayor and
juftices are hereby impowered to make; provided always that
fuch conviclion be had within three months after fuch buildino-
ihal) be finiftied. ' , ' "

defiS^nm ' ^^^' ^^^ ^^ '^^ hereby further ena^ed, That it Hiall be law-
L^ntes maU be ^"^ ^^^ ^^^^ mayor of the city of Lofidon^ or any two or more juftices
taken down by of the peace for the faid city of Lor,don^ or county of Middlefex or
order of the Surrey^ or city and liberty of TVeJhnhi/ier^ or liberty of his Ma-
couit, jefty's T' Giver of London rt'fpe(51ivel3S where any building contrary

to the regulations aforefaid fhall be fituaied, to order every houfe
or building fo irregularly built, or begun to be built, or fo irre-
gularly altered, or begun to be altered, as is by this a6i: declared
to be a common nuifance, to be abated or taken down, and lo
jorder the perfon or perfons authorifed to abate or take down the
and msy fell fame, to fell and difpofe of the materials thereof; and out of the
ir>aterials to monies ariftng by the fale thereof, to pay to themfelves, and all
defray tne ex- p^j.^^j^g by them employed for the purpofes aforefaid, the rea-
■ ' -* fonable charges of abating or taking down fuch nuifance ; and

to pay the furplus of the monies ariftng by fuch fale (if any be)
to the owner or owners of fuch materials ; and if the monies
ariftng by fuch fale be not fufficient to pay luch charges, the de-
ficiency (hall be made good by fuch owner or owners, and may
be levied in like manner as is herein-after dire6ted concerning
the expence of taking down ruinous buildings, and putting up
hoards for the fafety of palTengers.

LXIL And be it further enaded by the authority aforefaid,
eoiut of al- That the mayor and aldermen of the faid city q{ London^ ^sW and
dcrmen of j^^^y nominate and appoint fuch and fo many difcreet perfons^
a'^'^'omrfar- fl^i^^^^ ^n the art of building, as they the faid mayor and alder-
vuyors m^tbat ^'^^'^ think fit, to be, during their will and pleafure, the furveyors
tity.' or fupervifors to fee the faid rules and regulations well and truly

obferved in and throughout th^ faid city o{ London^ and the li-
berties thereof: and it fhall be lawful for the faid mayor and al-
dermen in their court of aldermen, and they are hereby required
to adminifter to all the faid furveyors or fupervifors an oath for
the true and impartial execution of their oiRce in that behalf 5
and to appoint the feveral diftrids which fhall be under their re-

fpecSlive

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I774*] Anno decimo quarto GeorGIiIII. C.78. 5^1

fpecflive furveys: and it fliall alfo be lawful for thejuftices of the j^^ other places
peace for the county of Middlefe,x^ the county of Surrey^ the city t]-,e quarter
and Whtviy oi IFeflminJier^ and the liberty of bis Majefty's T2:zc;^r fdFions to ap-
of London^ in their general quarter feffions refpcdively, and they P^J^^^ iurvey-
are hereby required, within their refpedivejurifdiclions, to no-^^'"'
minate and appoint fach, and fo many difcreet perfons (killed in
the art of building, as the faid juftices, in their refpedtive quarter
feffions, think fit, to be, during their will and pleafure, the fur-
veyors or fupervifor*s to fee the faid rules and regulations well
and truly obierved in and throughout the faid city and liberty of
WeJbninJJer^ and the faid feveral pari(hes, precinds, and places
aforefaid, within the jurifdiclion of the refpedive quarter feffions
by whom they fliall be fo appointed : and the faid juftices, in
their refpedive quarter feffions, fhall adminifrer to the faid
furveyors or fupervifors by them refpedively appointed, an oath
for the true and impartial execution of their office in that
behalf, and rtiall appoint the feveral diftricSts which fhaJl be
under their refpedlive furveys ; which oath (hall be in the form,
or to the effect, following ; that is to fay,

A. B. being one of the furveyors or fupervifors appointed 7/?Theoathc
purfuance of an a5i of parliament ^ P^fl^d in the fourteenth ye^r of
the reign of King George the Thirds for the further and better
regulation of buildings and party-walls; and for the more
effedually preventing mifchiefs by fire within the cities of
London and Wefinmfier^ and the liberties thereof, and other
the pariflies, precindls, and places, within the weekly bills of
inortality, the parifhes of iS^/;^/ Mary-le-hon^ Paddington^ Saint
Pancras^ and Saint Luke at Chefea, in the county of Middlefex ;
and for inderianifying, under certain conditions, builders, and
other perfons, againit the penalties to which they are or may
be liable for erecfling buildings within the limits aforefaid, '
contrary to law, do fwcar^ thot^ upon receiving notice of any hmJding
er wall to be built ^ or other builders zuork to be done^ zuithin the
difirifi under my infp£tiion^ not being by illnefs or otherixjife laiv fully
prevented^ I will^ diligently and faithfully^ jurvey the fame ^ and^ to
iheutmojl of my abilities^ endeavour to caufe the rules and regulations^
in the faid a^ prefiribed^ to be Jiri^ly obferved\ and that without
favour or affeiiion^ prejudice or malice.

So help me GOD,

And fuch furveyor or fupervifor (hall, from time to time, leave cierk to leave
riotice in writing with the clerk of the peace for the county, notice of his
city, or liberty, in which his diftrid ihali be fituated^ of the ^^'^de.
place of his ufual abode or refidence,

LXIII. And it is alfo hereby further ena6led. That before Notice of
any building or any wail, on newer old foundations, or on t>!^i'^i'^g <;o be
foundations partly new and partly, old, within the limits of this ^^^^",^*^"'
3(51, fliall, after the faid twenty-fourth day of y^v/^^, be begun to
be built, the ma'fter workman, or otlier perfon caufing fuch
jDuilding or wall to be built, (hall give twenty-four hours notice
M rri 4 ' there-

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5^^ Aftfto decitno quarto Georgii III. c.78. [1774*

thereof to the farveyor or fupervifor appointed as aforefaid,
V/ithin whofe diaria the fame thall be; and fuch furveyor or
fupervifor (hall view the faid building or wall, and fee that
all the rules and regulations In this a^ contained are well and
truly obferved ; and fuch furveyor or fupervifor, for his trouble
therein^ fliall be paid by fuch mafter workman, or other
perfon Caufing fuch building or wall to be built, fuch fum.
of money as a fatisfadion for his trouble therein, as any two
or more of his Majefty's juftices of the peace for the city,
county, or liberty, in which fuch building or wall is fituate^
fhall, by any writing under their hands, order or appoint, not
exceeding three pounds ten (hillings for every new buildino-
of the firft rate or clafs of building; or one pound fifteen
ihillings for ev/ery firft rate building to which any alteration
or addition fliall be made; and not exceeding three pounds
three fl^iillings, for every new building of the fecond rate
or clafs of buildmg, or one pound ten (hillings for every
fecond rate building to which any alteration or addition (hall
be made; and not exceeding two pounds ten (hillings for
every new building of the third rate or clafs of building, or
one pound five (hillings for every third rate building to which
any alteration or addition (liall be made; and not exceeding
) two pounds two (liillings for every new building of the
fourth rate or dais of building, or one pound one ihilJing
for every fourth rate buildmg to which any alteration or addition
fhall be made; and not exceeding one pound ten fliillings
for every new building of the fifth rate or clafs of building,
or fifteen (hillings for every fifth rate building to which any
alteration or addition (hall be made 5 and not exceeding one
pound one fhilling for every new building of the fixth rate or
clafs of building, or ten (hillings and lixpence for every fixth
rate building to which any alteration or addition fhall be made-
and not exceeding ten fhillings and fixpence for every new
building of the feventh rate or clafs of buildingyor fivQ (hillings
for every feventh rate building to which any alteration or
addition (hall be made; and, in default of payment of any
of the faid feveral fums of money^ or fuch other fums as the
fald juftices fhall appoint, the fame (liall, by warrant of one or
more of fuch juftice or jurtices as aforefaid, 'be levied by diftrefs
and fale of the goods and chattels of fuch mafter workman,
or other perfon as aforefaid, together with the reafonable cofts
and charges of fuch diftrefs and fale.
On default _ LXIV. And it is hereby further enaded. That if any perfon
of notice, (hall, after the faid twenty-fourth day of Jur/e, begin any-
treble fatisfac- f^ch building, or any fuch wall; or if any perfon or perfons
or^^and^2or^' ^^^^ thereafter prefume to cut into any party-wali, without firft'
p«nalV''^' giving fuch notice as aforefaid to the furveyor or fupervifor
within whofe diftrid the fame is fituated, or (hall refufe fuch
furveyor or fupervifor admittance from time to time, at
reafonable hours, for the purpofe of viewing the fame; then,
every perfon fo negleifting to give fuch notice, or [0 refuitng

fuch

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1 774-] Anno decimo quarto GeoRGII III. C. 78. 523

fijch admittance, fliall, for every default therein, forfeit and pay
to the faid furveyor or fupervifor treble the fatisfadion which
fuch furveyor or fupervifor would have been intitled to receive
for his trouble in viewing fuch building or wall, and feeing the
rules and regulations o^ this acft well and truly obferved therein,
in cafe fuch notice had been given ; and ihall alfo, for every luch
default, forfeit the funi of twenty pounds, to be recovered by
any adion, bill, plaint, or information, in any of his Majeily's
courts of record at Wejhninfier^ by any pcrfon or perfons who
fhdl fue for the fam.e; and alfo every fuch houfe, building, or
Wall, fo begun to be built, without giving fuch notice, or with-
out giving luch admittance to fuch furveyor or fupervifor, in cafe
the fame be not built in every refpecl agreeably to the regulati-
ons of this ad, (hall be demoli(hed or amended by order of the
£aid mayor, or of two jufticeS, v^ithin whofe junfdidion the fame
fhall be, in the manner herein-before direded.

LXV. And it is hereby further enaded. That in cale the Surveyor to
workmen employed in building; any fuch buildinp; or wall, or in g.^^-infor'^a-
1 ^ • • r \ 11 ru n .11 j ^ 1 1 tion of irregU"

thecuttmgmto any fuch party- wall, Ihall not well and truly oh- lar buildings,

ferve the feveral rules and regulations in this a6l contained, and
from time to time conform themfelves thereto, the furveyor or
fupervifor within whofe diftrid the fame is fituated, (hall, from
time to time, give information thereof, as foon as conveniently
may be to the faid mayor of the city of London^ or to two or
more jufticesof the peace within whofe jurifdi6tion the fame fhall
be; and the faid mayor or juftices (hall proceed thereupon to
hear the matter, and if any breach of the rules and regulaiions
in this ad contained is found to have been committed, the faid
mayor or juftices fhall proceed to caufe fuch irregular building or
wall to be demolifhed or amended in manner herein-before di-
reded.

LXVI. And be it further enaded by the authority aforefaid, 50s. penalty
That if any workmen, or fervants to any mafter workman, or on workmen
other perfon or perfons caufing any fuch building^or wall to be ^^^^^^^i^S-
ereded within the limits of this ad, (hall wilfully, carelefsly,
or negligently, and without the diredion, privity, or confeat
of fuLh mafter workman, or perfon caufing fuch building or
wall to be ereded, do any thing in or about fuch building or wall
contrary to the diredions of this ad^ every fuch workman or
fervant fo offending, upon convidion thereof before the mayor
X)i London y or other juftice of the peace for the faid city o{ Lon-
dcUy or before one or more juftice or juftices of the peace for
the faid county of Middle/ex^ or county oi Surrey, or the city and
liberty of Wejlminfter^ or the liberty of his Majefty's Tower of
London^ (as the cafe (hall bej, upon the oath of one or more
credible witnefs or witneffes, (which oath the faid mayor and
every fuch juftice is hereby impowered and required to admini-
fler), or upon his own confe(rion, (hall, for every fuch offence,
forfeit the I'um of fifty ftiillings, one moiety thereof to be paid to
the overfeer or overfeers of the poor of the parifli, precind, or
place, wherein the offence was committed, for the ufe of the

poor

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5^4 Anno dccimo quarto GeoRGII IIL c. 78. [1774.^

poor only, and the other moiety thereof to the informer; and
if any fuch forfeiture of fifty {hillings be not paid upon and im-
mediately after fuch convidion, then the offender (hall, by war-
rant under the hand and feal of fuch mayor or other juf^ice, be
committed to the houfe of corre6tion, there to remain, without
bail or maiiiprize, for any time not exceeding three months, nor
lefs than one months unlefs the faid penalty be fooner paid.
Houfes or LXVII. Provided alfo, and it is hereby further enaded, That

built to Wur^ ^^'^'^y mailer workman, or other perfon, who fhalj, after the faid
veyed within^' twenty-fourth day of Jime^ build, or caufe to be built, any houfe
34 days after other building, or any addition to any houfe or other building,
covered in, or any party-wall or other wall, or who (hall be employed to cut
^f ^v?^^^ "^^^^ into any party-wai! within the limits of this ad, fliall, within
formity to "his ^o^^^^^" ^^1^ ^^^^^ ^^^^ houfe or other building is covered in,
aa. or fuch party-wall or other wall is finifhed, or the cutting into

any party-wall is made good, caufe the fame to be furveyed by
the furveyor or fupervifor within whofe diftridt the fame is fituat-
ed ; and in cafe the faid furveyor fhall refufe, negledf, or fliall, by
illnefs or otherwife, be prevented furveying fuch building, wall,
or other work, then the fame (hall be furveyed by any other
furveyor or fupervifor appointed and fworn within the city,
county, or liberty, wherein the faid building, wall, or other
-work is fituated ; and if fuch furveyor or fupervifor (hall, upon
fuch furvey, find that the fame is, to the bed of his judgement
and belief, built, or made good, agreeably to the feveral direc-
tions in thisadt contained, then fuch furveyor or fupervifor fliall,
within fourteen days after furveying the fame, make oath there-
of, by affidavit in writing, before the mayor of the city of Lon-
don^ or fome jullice of the peace for the faid city, or for the
county of Middle/ex^ the county of Surrey^ the city and liberty
of Wejiminfier^ or the liberty of his Majeiiy's Tower of London
refpe6lively, within whofe jurlfditftion the faid building or wall
Oath to be Jg fituated ; which oath fuch mayor or judice is hereby impow-^
^^^^* ered and required to adminifter : and the faid affidavit (hall be

filed with the clerk of the peace for the county, city, or liberty,
in which the faid building or wall is fituated, within i^n days
after the making tiiereof ; and the faid clerk of the peace (hall,
for his trouble therein, be intitled to and receive the fum of one
Builder neg- (hilling, and no more; and if any mader workman, or other
leilingtocaafe perfon caufmg fuch building or wall to be ereded, or fuch par-
luch oath to ty-wall to be cut into as atorefaid, make default in the premirt:;^
fo^rfbit'^^o?^^^ by neglecling to caufe fuch furvey to be made, or fuch affidrvir
to be'made and hied, he fhall, for every fuch neglect, forfeit
Oath to be the fum of ten pounds ; and if fuch affidavit be not mad. and
made within filed within the \-p2.ct of one month next ar!:er the re-c try of
one month ^^^\^ penalty-, fuch mafcer workman, or other perfon as arcre-
after convic- ^^.^ q^^jj f^j-f^j^ ^l^e further fum of ten pounds, and io toties
of tohiTf!^- quoties for every month, until luch affidavit fhall be made and
iialty of loh filed ; and each of the faid penalties rr.ali be reGo^ e.cci an 1 apr
plied in like manner as the penalty herein-after trentioncd, and
by this ad infliaed on perfons diftilling or boiling larger quan-

tities

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J774--1 *^nno decimo quarto GeoRGII HI. G.78, 525

titles of turpentine together than are hereby allowed in places
not hereby allowed.

^ LX VIII. Provided alfo, and it is hereby further enaded, Tbat Surveyor oa
if any furveyor or fupervifor, appointed and fworn in manner "^'^e dS^.
herein- before direaed, (hall, at anytime, wilfully negled his ed, and to bs
duty, or behave himfelf negligently or unfaithfully in the dif- incapabie of
cliarge thereof, and tlie fame being, upon complaint thereof, being agaia
made appear to the mayor and aldermen of the faid city o{ Lon^ appointed.
don, or the court of felTions by whom he was appointed ; fuch
furveyor or fupervifor (hall, by the faid mayor and aldermen, or
by the faid court of feffions, (as the cafe may be), be forthwith
flifcharged from his faid office, and (hall for ever afterwards be
incapabie of being again appointed a furveyor or fupervifor for
the purpofes aforefald.

LXIX. Provided alfo, and it is hereby further ena61ed, That p'^g's p^-
nothing in this a6t contained (hall extend to any of his Maje(ty's ^H^^^l;""' ^'''
royal palaces, or to any houfe or building being m the pofTeffi-
on of his Majedy, his heirs and fucceffors, or employed for his
Majefty's ufe or fervice; or to her Majefly's palace, or to any
hpufe or building in the po(re(rion of her Majefty, or employed
for her ufe or fervice, . ^

LXX. J^id whcre-as houjes and huiUings within the limits afore- When any
faid qre often^ either from litigated titles thereto, or the obftinacy, neg- building is
'leti, or poverty, of the oivners thereof or of the parties tnierefledl^l^^^^^^'^^^
therein, in fq ruinous a condition, that paffengers thereby are in dan- hoard to be
ger of their lives or limbs from the falling thereof or of the bricks or put up for
timber therefrom ; be it therefore ena6ted by the authority afore- Safety of paf-
faid; That if any prefentment (hall hereafter be made by an in-^^"S*^^s..
quell: or grand jury in London, or by any annoyance jury within
jthe city and liberty of JVeflminJhr^ or by the jury fworn at the
^ourt leetheld by the iherifFin his turn for any hundred or place^^
or by any other jury or inqueft fworn within any other part of
the limits aforefaid, that any houfe or building within the fame
limits, or any part thereof, is in a ruinous condition, it fhall be
lawful for tne court of mayor and aldermen, in refped of any
fuch houfe or building within the faid city of London, and the
liberties thereof, or for the church w^ardens or overfeers of the
poor for the time being of fuch pari(h, precincl, or place, in
which fuch houfe or buildjt:ig is fituated, (not beins; in the city
of London^ or the liberties thereof), and the faid court and eve-
ry fuch churchwarden and overfeer of the poor, island are here-
by required, on notice of any fuch prefentment' being made,
and a copy thereof being laid before them or him refpedUvely,
to caufe, with all convenient fpeed, a proper and fufiicient hoard
to be put up for the fafety of all paiTengers palhng thereby, and
to caule notice in writing to be given to the owner or owners, or
other perfon or perfons interefted therein, if he, (lie, or they,
can be found ; and if not, to caufe fuch notice in writing to be
affixed to or upon the door, or other notorious part of fuch houfe
or building fo prefented to be in fuch ruinous condition, tore-
pair the fame, or to pull down fuch building, as the cafe may
^ ' require^

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5^^ Anno decimo quarto Georgii IIT. c.7?. [1774.

^^"^"^'1^^^* >*^q«*^i'e> within f9urteen days then next enfuing : and if fuch
!lown''rui.vou. "^^'^^^ "^^ owners, or other perfon or perfons interefted in any
houfes after ^"^^^ ^"^^^^^ or building, do not begin to repair or take down the
notice, the fame, within the faid fourteen days after fuch notice fo given or
raayor and affixed as aforefaid, and complete foch repairs, or take down the

ov^eTfeTr" ot''^ ^^""^^ ^^ ^°°" ^^ ^^^ "^^"^^ °^ ^^^^ ^^^^ ^^^^ ^^^^^ 5 then, oath be-
the poor, may ^"S ^^^^ before the faid mayor, or a juftiCe of the peace for the
order the lame f^^d city of London^ or county of Middle/ex or Surrey^ or city and
to be taken liberty of IVeflminJhr^ or liberty of his A^ajefty's Tower of Lon-
cured -^^ ^^' ^^^' ^^ ^he cafe may be, (which oath eveij of them the faid
* mayor and juftices is hereby impowered and required to admi-

niftcr), of fuch notice having been fo given, or affixed as afore-
faid, the faid court of mayor and aldermen, by and out of the
ca(h in the chamber o'iLondm^ and alfo every fuch churchwarden
and overfeer of the poor, by and out of the monies in his hands,
are hereby feverally authorifed and required, with all convenient
fpeed, to order and caufe fuch houfe or building, fo prefented
to be in a ruinous condition, or fo much thereof as the faid
court, or the faid churchwardens or overfeers of the poor, find
neceiTary for the fafety of pafTengers, t6 be taken down and fe-
cured, in fuch manner as fhall, from time to time be requifite;
and may fell '^^^ ^^ ^^^^ ^^^^ difpofe of fuch of the materials as the faid court
the mateiidls, of mayor and aldermen, or the faid churchwardens or overfeers
and fatisfy of the poor, fhall judge necelTary and expedient; and out of the
themfeivcsout monies arifing by the fale thereof to reimburfe, repay, and fa-
ct the nionies jj^^ ^^ themlelves, and every perfon by them refpedlivelv em-
i'aie. ployed for the purpolesaforelaid, all thecharges of putting upeve-

ry fuch hoard, and of taking down and fecuring all or any part of
every fuch houfe or building, fo taken down or fecured as afore-
faid, and of felling the faid materials as aforefaid, or fo mucl|
thereof as the monies arifing by fuch fale will extend to pay ; and
fhall account for and pay the furplus of the monies arifing by
fuch fale (if any be) to the owner of every fuch houfe or building,
upon perfonal demand thereof made by fuch owner; and if no
fuch demand be made of any fuch overfeer or overfeers before
another or other overfeer or overfeers of the poor oFthe faid pa-
rifh, precincf, or place, be appointed, then fuch overplus fliall
be added to the monies raifed and colledled by virtue of the rates
made for the relief of the poor of the faid parifh, precind, or
plsce^ and accounted for as fuch.
<!)verpUis arif- LXXI. Provided neverthelefs, That any fuch owner, his or
jng by the fale her executors or adminiftrators, (hall and may, at any time or
to be paid to fjjyjes within the term of fix years then afterwards, be intitled to
dme^wifhin ^^^'^ ^"^^ receive fuch overplus from the churchwardens or over-
6 years, on feers of the poor for the time being of fuch pari(h, precin6l, or
demand j ..place, within ten days after demand thereof perfonally made by
fuch owner, his or her executors or adminiftrators; and every
fuch churchwarden or overfeer is hereby required to pay the
fame accordingly out of any monies raifed, or to be raifed by
any rate or rates for the relief of the poor, and Ihall be allowed
the payment thereof in any account to be by him made with the

veflry.

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1774O Anno decimo quarto Gecrgii III. c. 78. 527

veftry, inhabitants, and parilhioners of thefaid parKh, precincfl,
or place, or the future overfeer or overfeers thereof: and it it but if fale of
happens that the monies arifing by fuch fale {hall fall fhort, and^i^.n^.^terials
are deficient to repay and fatisfy all fuch charges, then fuch defici- be^n^^^^ient^
ency (hall, from time to time, be paid by the owner or owners of ^upiers to
every fuch houfeor building, if known, and to be met with •, and make good
if fuch owner or owners, on demand thereof, negle6l or refufe the deficiency.
to pay the fame, then fuch deficiency may be levied by warrant
under the hand and feal of the mayor of the faid city of London
for the time being, or any other jurtice of the peace for the fame
city, or under the hands and Teals of two or more juftices of the
peace for the county o'i Middlefe^^ or county of Surrey^ or city
and liberty of Wejiminjler^ or liberty of his Majefty's Tower of
London^ (as the cafe (hall be), by diftrefs and fale of the goods
and chattels of fuch owner or owners, if any fuch can be found :
and if no fuch owner or owners can be met with, or, being met Landlords to
with, (hall not on demand pay the faid deficiency, and no fuf- allow deficient
ficient diftrefs of his, her, or their goods and chattels can he ^/^^^^^^'^^[^^^
met with wherefrom fuch deficiency of fuch cofts and charges
may be levied and recovered ; then the perfon or perfons who
fhall at any time then after occupy any fucii houfe or building,
or the ground where the fame ftood, is arid are hereby required
and authcrifed to pay and deducfi: the fame out of the rent there-
of; ,and if he, ihe, or they, negle61 or refufe to pay fuch defici-
ency of charges, then the fame (hall, by warrant under the hand
and feal of the faid mayor of the faid city for the time being, or
any other juftice of the peace for the fame city, or, under the
hands and feals of two or more fuch juftices of the peace as afore-
faid, be levied by diftrefs and fale of the goods and chattels of any
occupier or occupiers of the premifes, together with the cofts of
every fuch diftrefs and fale ; and the owner or owners of the pre-
mifes is and are hereby required to allow to every fuch occupier
or occupiers all fuch deficiencies and charges which lie, ihe, or
.they, fhall fo pay, or which (hall be recovered or levied by di-
ftrefs, and fale from him, her, or them, as aforefaid, out of any
rent which (liall become due for the faid^ premifes, or any part
thereof; and every occupier paying any fuch deficiency and
charges (hall be acquitted and difcharged for fo much money as
he, (he, or they, fo pay, in the fame manner as if the fame had
been adually paid to fuch perfon or perfons to whom his, her^
or their rents were due, and fhould have been paid ; and all mo-
ney received or recovered on the account aforefaid, for or in ref^
pedl of any fuch houfe or building witiiin the city q^ London^ or
the liberties thereof, fhall be paid to the charnberiain of the faid
city, and be by him, from time to time, placed to the credit of '

the cafh of the faid city of London ; and all money on the account
aforefaid, from time to time received or recovered, fbrorin ref-
ped of any fuch houfe or building in any part of the limits a-
forefaid, other than the faid city of London^ and the liberties
thereof, (hall be paid to the churchwardens or overfeers of the
poor for the time being of the pari(h3 precinc^l, or place, where
3 fuch

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528

Not more
than lo gal-
lons of tur-
pentine may
be diftllled at
once in
houfes con-
tiguous to
others.

Penalty.

Shipwrights,
Sec. excepted,

Fire engines

and ladders

to bekepc in

. kno/i'n places.

and firacocks
to be fixed
oil the mains.

Anno decimo quarto Georgii IIL C, 7S, {1174^
fuch houfe or building fo prefented is fituated, and (hall hi
placed to the account of the faid pariih, in aid of fuch or a like
rate or fund, out of which the expences and chargesjo received
or recovered were originally difburfed.

LXXIL Jnd whereas the dljiilling turpehtine, md the drawing
cf the oil of turpentine and rofin by diftilling turpentine^ and the
boiling the [aid oil and turpentine together for making varhijhy within
the limits afor^faid^ may prove of dangerous confequence to the neigh-^
hourhood where every fuch prdhice is ufed : for preventing thereof
for the future, be it enaded by the authority aforefaid. That
from and after the faid twenty-fourth day oijune^ it fhall not
be lawful for any perfon or perfons to diftil or boil any turpen-
tine, or to draw any oil of turpentine and rofin by diftilling tur-
pentine, or to boil any oil and turpentine together, above the
quantity of ten gallons at one time, of all or any q{ the faid
commodities, within the limits aforefaid, in any workhoufe or
place contiguous to any other building, or in any place nearer
to any other building than the diftance of fifty feet, at the lead,
upon pain that every perfon offending therein (liali, for every
fuch offence, forfeit and pay the fum of one hundred pounds ;
every of which forfeitures Oiall and may be recovered, with
treble cofts of fuit, by a^ion of debt, bill, plaint, or information^
in any of his Majefty's courts of record at Wejiminfter^ whereiri
no effoin, protection, or wager of law, or more than one impar-
lance, (hall be allowed ; one moiety whereof fliall be to the ufe
of the poor of the parifh, precind, 6^ place, wherein the offence
was committed, and the other moiety thereof to fuch perfon or
perfons as (hall inform or fue for the fame.

LXXIIL Provided always. That nothing in this a 61: contain-
ed n^all extend to prevent (hipwrights, barge-builders, boat-
builders, or maft-makers, or other perfons employed in building
or repairing fhips, barges, boats, or other vefTels, near the rivee
Thames^ from boihng or mixing oil and other materials for the
purpofe of paying (hips, barges, boats, or mafls.

LXXiV. And whereas the having a fufficient number of fire en*
gines kept in knoivn publick places^ a^ii at convenient difances froni
each other ^ nnd ready to he brought forth as occafion may require ; and
the fupplying fuch engines with plenty of zvater ; and the giving en-
couragement to engineers and others to bring forth, ufe^ and ivork fuch
engines^ may tend greatly to leffcn the mi [chiefs happening by fire ; and
the having proper ladders kept in knoivn public k places^ ready to be
brought forth ^ inay facilitate the efcape of the inhabitants from houfei
on fire \ be it enaded by the authority aforefaid. That from and
after the faid twenty-fourth day of fuyie^ it (hail and may be
lawful to and for x\\t churchwardens of every pari(h, and to and
for the overfeers o^ the poor of every precinct and place, not
having any churchwarden, within the limits aforefaid, and they
are hereby refpedively required, from time to time, for ever, td
make, placq, and fix, at the charge of fuch refpecftive paridi,
precincSf, or place, upon the mains and pipes belonging' to any
^vaterwork whaifoQver within the lionits aforefaid, fuch and ici^

many

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1774-1 Anno decimo quarto Georgii III. c.78. 529

many ftopblocks of wood, with a wood plug, or fuch and fo
many firecocks, to go into each main or pipe, and to be placed
at fuch diftances in each and every ftreet or place, as fuch
churchwardens or overfeers of the poor refpedively for the time
being fliall dired ; and that the top of every fuch ftopblock or
firecock (hall be even with the pavement of each ftreet or place,
to the intent fuch plugs or firecocks may, upon occafion of any
fire, be opened to let out the water without lofs of time in.
digging down to the pipes ; and that all and every fuch church- Marks near
wardens or overfeers of the poor refpe6lively fhall have power, the place
and are hereby required, from time to time, to fix any mark or where fire-
writing on the front of any houfe or houfes over againfl or ^^^ ^ ^^*
nearefi: to the place where fuch flopblocks, plugs, or firecocks,
refpe6lively lie, or are placed, for the better making known
where all and every fuch flopblocks, plugs, or firecocks lie;
and fliall alfo keep an inftrument or key in every fuch houfe Inflrunien tor
where every fuch mark fliall be, to open the flopblock, plug, or ^^y to be
firecock; and fhall keep in fuch houfe a pipe for the water to ^^P^ ^^^^^'
come thereout, to be made ufe of as occafion may require; and
all fuch ftopblocks and firecocks fhall be kept in repair at the
charge of each paridi, precindl, or place, where the fame are
placed ; and fuch plugs (hall be kept in repair by the owners of
the mains and pipes where the fame are fixed; and whenever
the owners of any waterworks fhall afterwards remove, change,
or alter the faid inains or pipes, then, and in every fuch cafe,
the owner or owners of every fuch main or pipe fhall, at his or
their own proper cofts and charges, place and fix the fame, or
the like fiopblocks, plugs, and firecocks, upon every flich new
main or pipe, to be placed where the churchwardens of the
parifh, or overfeers of the precincS or place, not having a
churchwarden, for the time being, fhall direct ; and in every
fuch cafe the inllrument or key, and pipe, fliall be removed to
the houfe oppofite or nearefi to the place to which fuch fi:op-
block, plug, and firecock is removed; and every fuch church-
warden or overfeer refpeclively fliall caufe a like mark or writinc?
to be fixed againft every fuch houfe.

LXXV. And be it further enadied by the authority aforefaid, Engm^g and
That every pariih within the limits aforefiid, fiiall, from time ladders to
to time, and at all times after the faid twenty-fourth day of ^^ ^^P^ ^Y

Z'une^ have, and keep in good order and repair, and in fome ^^'^*^' P^"'^^^
nown and publick place within each pariQi, a large engine,
and alfo an hand engine, t-o throw up water for tiie extinguifh-
ing of fires; and alfo (hall provide, keep, and maintain, one
leather pipe at leaft, with a ibcket of the fame fize as the plun-
or firecock, and a ftand-cock or fusion- pipe, to the intent the
fockei may be put into the pipe^^ to convey the water without
lofs, and without the help of buckets, into the engine; and fliall
alfo have and keep, in fome known and publick place within
each paridi, three or more proper ladders, oF one, two, and
three ftory high, for afTifiing perfons in houfes on fire to efcaps
tlierefrom 5 and in default of making, placing,, fixing, and con^

tinuingj

Hosted by Google

530

lo). penalty
on church-
wardtns for
default 5

and may be
levied by
d litre fs.

Fees to the
turncock
whofe water
iiril comes to
a main or pipe
at a fire ;

to the engine-
keeper 5

to the fecond
engine keep-
er;

and to the
third engine-
keeper ;

But no reward
to be paid
without the
approbation
of an al4ei*-
maji, &.C,

Anno decimo quarto Georgii III. c.yS. [1774^'
tinuing, fuch ftopblocks or firecocks on the feveral mains and
pipes, as alfo in default of having and keeping in good repair
fuch large engine, hand engine, and leather pipe or pipes, focket
and ftand-cock, and fu6lion-pipe, and fuch ladders as aforefaid,
every churchwarden of fuch pariih, and every overfeer of any
fuch precin6l or place not having a churchwarden, making; de-
fault in all or any of the premifes, and being convided thereof
before two of his Majedy's juftices of the peace for the faid city
of Londo'n^ or for the county of Middlefe:< or Surrey^ or liberty
where the fame may happen, (as the cafe may be,) fhall forfeit
and pay the fum of ten pounds, one moiety thereof to the in-
former, and the other moiety thereof to the furveyor or furvey-
ors who fiiall be then appointed, purfuant to this'prefent ad of
parliament, for the diftrid within which fuch parifh, precin6i:,
or place, where fuch default fhall be made, doth lie; to be
levied and recovered by diftrefs and fale- of the goods and
chattels o^ fuch churchwardens and overfeers refpedliveJy, io
convicted of fuch default as aforefaid.

LXXVI. And be it further enacled by the authority afore-
faid, That the turncock belonging to the waterv^ork, whofe
water (hall be found on, or fliall firft come into the main or pipe
where any plug fhall be opened, at any fire within the limits
aforefaid, (hall be paid any fum not exceeding ten fhi Dings by
the churchwardens or overfeers of the poor of fuch refpedive
pariih, precin6l, or place, where fuch fire may happen ; and
that the engine-keeper which firll: brings a parifh engine, or
other large engine, to help to extinguifli any fire happening
within the limits aforefaid, if in good order and complete, with
a focket, hofe, leather pipe, (land-cock, and fu6tion-pipe, (hall
be paid any fum not exceeding thirty (hillings; the keeper of
the fecond parifh engine, or other large engine, which fhall be
nexf brought in fuch order, and io complete, to help to ex-
tinguifli any fuch fire, (hall be paid any fum not exceeding
twenty (hillings ; and the keeper of any parifh engine, or other
large engine, which fhall be the third of fuch engines, brought
in fuch order, and fo complete, to any fuch fire, (hall be paid
any fum not exceeding ten (hillings; every fuch payment to be
made by the churchwardens of each parifh, or by the overfeers;
of the poor of every fuch precindl or place not having any
churchwarden, (as the cafe may be,) where any fuch fire (hall
happen; and in default of payment thereof, fuch reward (hall
be levied and recovered from the faid churchwardens and over-
feers refpedively, by diflrefs and fale of the goods and chattels
of every fuch churchwarden and over/eer, in the fame or like
manner as the penalty or forfeiture of ten pounds is herein-be-
fore directed to be levied and recovered.

LXXVII. Provided always, and it is hereby further enabled
by the authority aforefaid. That no fuch reward fhall be paid to
any turncock or engine-keeper, by the churchwarden of any
parifh, or overfeer of the poor of any precind or place aforefaid,
where any fire may h^ppen^, without the approbation and direc-^

tion

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1774'! Anno decimo quarto GEoRpn III. 0.78. 531

tion of the alderman of the \':^d wherein fuch psrldt^ prccindl",

or place, is fituate, or his deputy, or of two of the common

councilmen of the fame ward for the time being, if fuch fire

happens within the city o^ London ^ or the liberties thereof ; or

without the approbation and conrfent of one or more juftice or

juftices of the peace in and for the faid county of Middle/ex^ or

county of Surrey^ or liberty where the fame may happen, (as the

cafe may be,) refidmg withiri fuch parilh, precind, or place,

where fuch fire happens; and if there be not any juftice or

juftices of the peace rcfiding in fuch parifh, precin6t, or place,

then of fuch juftice or juftices of the peace refiding in the parifh

or place near or next adjoining, if fuch fire happens any where

within the limits of this a6t, out of the faid city of Lofidon^ and

the liberties thereof.

LXXVIII. And whereas many of the pari/hes within the limits of
this a5i have been frequently put to confiderahle expences^ occaftoned hy
the negle^ of the inhabitants^ as ivell lodgers and inmates as houfe-
keepers^ in not caufing their chimnies to he duly fwept^ by medns
whereof alarms of fire are frequently made^ to the great terror and
danger of his Majejtys Jubje^s, which probably would be prevented^
if fuch inhabitants were obliged to defray and hear the charges and
expences attending fuch their negle^ls^ or fome reafonable part thereof-,
be it therefore enaded by the authority aforefaid. That from where any
and after the faid twenty-fourth day of June^ in all cafes where rewards for
any reward or rewards, or ©ther recompence, by this a6l made <^^^i"^nie5 o^i
payable, fliall be borne and paid by any churchwarden or over- ^^f^ have been
feer of the poor, for or on account of any fire being in a chim- ch'urdiwar-
ney only^ or firft beginning in and occafioned by the taking fire dens,
of any chimney only, the inhabitant or inhabitants, occupier or
occupiers, of any room or apartment to which any fuch chim-
ney belongs, being a lodger or inmate to or with any tenant,
renter, or holder of any houfe or building, of which fuch roorn
or apartment is part, or, if fuch chimney belong not 10 any
fuch lodger or inmate, then the tenant, renter, or occupier of
the houfe or building wherein any fuch fire as laft-mentioned
firft begins, (hall reimburfe and repay to the churchwarden or ^hey are to ht
overfeer of the poor all and every fuch reward and rewards, or reimburfed by
other payments, by him or them made, purfuant to the direc- occupiers, as
tions of this a6t, or fuch part thereof, as the mayor, or other ^^^^^"\^y^^
juftice of the peace, of the faid city of London^ or juftice of the
peace for the liberty of his Majefty's Tower of London^ or juftice
of the peace for the county of MiddlefeXy or county of Surrey^ or
for the city and liberty of V/efiminfler^ (as the cafe may be,) up-
on the application and complaint of fuch churchwarden or over-
feer of the poor, and hearing the party or parties complained
sgainft, fhall under his hand and feal, award and dired : and to -p^ enable the
the end the faid mayor, or other juftice aforefaid, may be the mayor and
better enabled to award and dire6l what may in any fuch cafe juftices to
be juft and reafonable, the faid mayor for the time being, and exrecute theit
every fuch juftice, ftiall and may fymmon before him, after any ^ ^*
fuch complaint made, the party and parties complained againft^

Vol. XXX. N a and

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53^ Anno decimo quarto Georgii III. c. 7S. [1774.

and all perfons fit to give cvi(^ce touching the premifes^ of
whom be Qiall have notice or information, and (hall and may
examine them, and every of them, upon oath, (which oath the
faid mayor, and every fuch juftice is hereby impowered and re-
quired to adminifter, without fee or reward ; J and if the party or
parties complained againd, being fummoned, do not appear, the
faid mayor, and every fuch juftice of the peace, (hall and may
proceed to examine the matter of the complaint, and fuch evi-
dence as is produced, and to make fuch award and dircdion
thereupon as fliall bejuft, and as if the party or parties making
fuch default of appearance had been prefent, and heard in his,
her, or their defence; and if any fum or ifums of money, fo
awarded and direded to be reimburfed or repaid to any fuch
churchwarden or overfeer of the poor, be not fo reimburfed or
repaid within fourteen days after demand thereof made, it (hall
and may be lawful to and for e-very fuch churchwarden or over^
feer, by warrant under the hand and feal of fuch mayor, or other
juftice, (which warrant the faid mayor, and every fuch juftice,
is hereby authorifed to make,) to levy every fuch reward and
rewards, or other recompence, fo paid, or fuch part thereof as
Ihall have been fo awarded and dire6led, by diftrefs and fale of
the goods and chattels of the party or parties making default of
payment, or of any goods or chattels found in the room or
apartment to which fuch chimney where fuch fire began belongs,
or in any other part of any houfe or building whereof fuch room
or apartment is part.

LXXIX. And^forafvmch ds fever al of the parijloes within the city

^London zvere^ after the great fire which happened in the year of

otir Lord Chrifi one ihoufand fix hundred and fixtyfixy united toge-

United pa- ther^ be it enadedby the authority aforefaid. That any two or

riHies to be more of the faid pariflies fo united, ftiall, for the purpofes of this

deemed one. ^q.^ y^^ deemed one pari(h only.

Large pariOies LXXX. Provided neverthelcfs, and it is further ena6led,
may have That in cafe the veftries of any of the faid united pariQies, or of
o^^e^y/^e" any other pariih within the limits aforefaid, at any time con-
gine/ici! ^"' ^^^^^ ^^ neceffary for the faid parifti, in refpeft of the largenefs
thereof, to have more than one great engine or hand engine, it
ftiall and may be lawful for them to provide two or more great
engines or hand engines, at the parifh charge; and that the
fame engines, and every of them, fhall be under the like regula-
tions and encouragements as the other engine or engines dired:-*
cd to be provided by this a6l are under.

LXXXI. Andy in order to raife money to defray the neceffary
charge'^ of providing and maintaining fuch engine^ fiopblocks and fire -
iocksy and keys^ and other implements and materially and fuch ladders
as aforefaid^ and the payment of the revjards or gratuities directed by
JTi re engine?, this a^^ be it enaded by the authority aforefaid, That the
&c. to be paid churchwardens and overfeers of the poor of the faid fevcral pa-
P^oor^rrates* ^^^^^s, precinds, and places, within the limits of this a6l, or the
major part of them, with the confent of the majority of fuch in-
habitants as fliali be, at any veftry, or other publick meeting of

fuch

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i;774-l Anno decimo quarto Georgii IIL c.yS. 533

fuch parifh, precind, or place, duly affembled, (hall and may,
from time to time, (as often as there may be occafion,) out of
the monies raifed or received, or to be raifed or received, by any
rate or rates made, or to be made, for relief of the poor of every
fuch pari(h,' precinifl, or place refpedively, or by any efpecial
rate or rates to be made for the purpofes of this a6t, pay, apply,
and difpofe of, fuch competent fum and fums of money as may
be requifite for the ends aforefaid, in like manner as by law they
may do for the maintenance and relief of the poor of their re-
fpedive parifhes, precinds, or places; and every fuch efpecial
rate or rates, which fhall be made, as aforefaid, the fame being
allowed and coniirmed in the like manner as the rates made for
the relief of the poor are, or ought to be, allowed or confirmed,
Ihall be levied and recovered in the fame manner as the rates
made for the relief of the poor now may, or ought to be, levied
and recovered, fubjedl to the like appeal as in cafes of rates
made for the relief. of the poor; and the faid officers fliall be
accountable for the fame, in like manner as they are accountable
for the money by them colle6led for the relief of the poor^ and
"fhall be liable to the like pains and commitments for not ac- .
counting for the fame, and to the, like diftrefs and penalties for
not paying the monies by them colletfled, levied, or received,
and remaining in their hands, as overfeers of the poor are, by
all or any of the laws of this land, liable to, for not accounting;
for, or not paying, monies colleded by virtue of any rates for
relief of the poor.

LXXXII. Jnd zvhereas the fever al offices for injur ing houfes
agalnji lofs by fire retain in their fever al fervices^ and give coats and
badges^ and other rewards^ unto luatermen^ for their frvice and
offtjlance in and tovjards extinguifinng of fire ^ and who are to he aU
ways ready when wanted^ and are provided zvith various forts of
poles^ bocks^ hatchets^ and fever al other inftruments and things^ at the
charge of the faid rejpe5live infurance offices for the extinguifhing of
fire ; which watermen fo retained are^ by experience^ found to venture
much further^ and to have fill to give^ a?jd do, give^ at fires happen-
ing ivithin the limits aforefaid greater help than other perfons not tifed
to come into danger ; be it further ena6led by the authority afore-
faid. That the watermen for the time being fo retained by, and Watermen
belonging to, every fuch infurance office, within the limits afore- retained by
faid, not exceeding thirty for each office, 'fliall be free from be- 'P'^rance of-
ing impreiTed, or liable to be compelled, to go to fea, or ferve i^^nt^ref^^^ci'^^ ^^
as mariners, or as foldiers on land, their names and places of
abode being regiftered and entered with the fecretary, or other
officer of the admiralty office,

LXXXII I. Andy in order to deter and hinder ill-minded perfons
from ivi fully jetting their houfe or houfes ^ or other buildings^ on fire^ .
with a vieio of gaining to thernfclves the infurance money ^ zvbercby
the lives and fortunes of many famtUes may be lof or endangered ^ be
it further enaded by the authority aforefaid. That it ihall and Money infur-
. may be lawful to and for the refpecftive governors or direcftors ^d on houfes

of the feveral infurance offices for infurino; houfes or other build- [^^^^^ ^^^^^ to

N^ . be applisd. .

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534 Anno decimo quarto Georgii III. c. 78. [1774,

ings againft lofs by fire, and they are hereby authorifed and re-
quired, upon the requeft of any perfon or perfons interefted in
or iatitled unto any houfe or houfes, or other buildings which
may hereafter be burnt down, demoH(hed, or damaged by fire,
or upon any grounds of fufpicion that the owner or owners, oc-
cupier or occupiers, or other perfon or perfons who (hall have
infured fuch houfe or houfes, or other buildings, have been
guilty of fraud, or of wilfully fetting their houfe or houfes, or
other buildings, on fire, to caufe the infurance money to be laid
out and expended, as far as the fame will go, towards rebuild-
ing, reinftating, or repairing, fuch houfe or houfes, or other
buildings, fo burnt down, demoliftied, or damaged by fire; un-
lefs the party or parties' claiming fuch infurance money (hall,
within fixty days next after his, her, or their claim is adjufied^
give a fufficient fecurity to the governors or diredors of the in-
furance office where fuch houfe or houfes, or other buildings,
are infured, that the fame infurance money fliall be laid out and
expended as aforefaid ; or unlefs the faid infurance money (hall
be, in that time, fettled and difpofed of to and amongft all the
contending parties, to the fatisfacftion and approbation of fuch
governors or directors of fuch infurance office refpedively.

LXXXIV. And whereas fires often happen by the negligence and
carelejfnefs of fervants^ be it therefore enaded by the authority
aforefaid. That if any menial, or other' fervant or fervants,
through negligence or careleflhefs, fhall fire, or caufe to be fired,
to forfeit ^' ^"y dwelling-houfe, or out-houfe or houfes, or other buildings,
whether within the limits aforefaid or elfewhere, within the
kingdom of Great Briiaifiy fuch fervant or fervants, being there-
of lawfully convided by the oath of one or more credible wit-
nefs or witnefles, made before two or more of his Majefty's
juftices of the peace, (ball forfeit and pay the fum of one hun-
dred pounds unto the churchwardens or overfeers of fuch pa-
rifh where fuch fire (hall happen \ to be difiributed amongft the
fufferers by fuch fire, in fuch proportions, as to the faid church-
wardens (hall feem juft : and in cafe of default or refufal to pay
tht fame immediately after fuch conviction, the fame being law-
fully demanded by the faid churchwardens; that then, and in
fuch cafe, fuch fervant or fervants fhall, by warrant under the
hands and feals of two or more of his Majefty's juftices of the
peace, be committed to the common gaol, or houfe oi correc-
tion, as the faid juftices think fit, for the fpace of eighteen
iBonihs, there to be kept to hard labour.

LXXXV. And be it further enaded by the authority afore-
faid, That upon the breaking out of any fire within the limits
aforefaid, all conftables and beadles, upon notice thereof, fhall
immediately repair to the place where the faid fire fiiall happen,
with their ftaves, and other badges of their authority; and (hall
be aiding and alTifting, as well in extingui(hing the faid fires,
and caufing people to work at the engines, as alfo in preventing
goods being ftolen , and (hall feize and apprehend all ill-difpof-
cd perfons that they (liall find ftealing or pilfering from the in-

habi-

Servants by
careleffnefs

looh or be
iraprironed
1 2 months.

Contlables
and beadles,
on notice, to
repair to
buildings on

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1 774.] Anno dedmo quarto GeoRGII IIL c. 78. 53S^

habitants; as alfo that the faid conftabJes and beadles (hall give
their utmoft affiftance to help the inhabitants to remove their
goods.

LXXXVL And be it further ena^ed by the authority afore- No aaion to
faid, That no adion, fuit, or procefs whatever, Q^all be had, Ije ^gai^^^t^ a
maintained, or profecuted, againft any perfon in whofe houfe, P^^^j'/^^X
chamber, ftable, jbarn, or other building, or on whofe eftate any dentally be-
fire fliall, after the faid twenty-fourth day of Jt/rie^ accidentally gins,
begin, nor (hall any recompence be made by fuch perfon for any
damage fuffered thereby; any law, ufage, or cuftom, to the
contrary notwithftanding : and in fuch cafe, if any a6lion be
brought, the defendant may plead the general iflue, and give
this aa, and the fpecial matter in evidence, at any trial there-
upon to be had ; and in cafe the plaintiff become no.nfuited, or
difcontinue his adion or fuit, or if a verdid pafs againft him,
the defendant fhali recover treble cofts ; provided that no con-
traft or agreement made between landlord and tenant (hall be
hereby defeated, or made void.

LXXXVII. And be it further enaded by the authority afore- Diftrefs not
faid, That where any diftrefs (hall be made for any fum or fums unlawful for
of money to be recovered by virtue of this ad, the diftrefs itfelf ^^]^'^ ^* *^^"^«
Ihall not be deemed unlawful, nor the party or parties making
the fame be deemed a trefpaffer or trefpafters, on account of any
defedl of form in any proceedings relating thereto ; nor (hall the
party or parties be deemed a trefpaffer or trefpaffers ab ifjitio^ on
account of any irregularity afterwards done by the party or par-
ties making fuch diftrefs ; but the perfon or perfons aggrieved
by fuch irregularity may recover full fatisfa6tion for^he fpecial
damage only, by a6lion on the cafe, and not by any other ac5tion
whatever.

LXXXVIIL Provided always, and be it further ena<51ed by PlaintifF not
the authority aforefaid, That no plaintiff or plaintiffs Oiall re- to recover if
cover in any adion, for any fuch irregularity, or other proceed- ^f^|]f^^^"^Y
ings, if tender of fufficient amends be made by or on the behalf a^^ends he
of the party or parties who committed, or caufed to be commit- made, &c,
ted, any fuch irregularity or wrongful proceeding before fuch
adtion be brought ; and in cafe no fuch tender (liall have been
made, it fhall and may be lawful for the defendant or defend-
ants in any fuch adtion, by the leave of the court where fuch
3(^ion (hall depend, at any time before iffue joined, to pay into
the court fuch fum of money as he or they ihall fee fit, where-
upon fuch proceedings or order and judgement fhall be had,
i:pade, or given, in and by fuch court, as in other anions when
the defendant is allowed to pay money into court. on ifoeo'^l

LXXXIX. Jjid whereas by the faid recited aB of the twelfth ^ ^^^ ^j^. ' 3'
year of hu prefent Majejlys reign^ various penalties are inf{i5ied up- charged, on
on perfons %vho fmuld offend againfl the faid a5i : and whereas^ fince amending_
the paffing the faid aB, there has been a great increafe of buildings ^^^^^^H^^
within the limits aforefaidy and many of fuch buildings are not in ^^ ^^^^ ^^
every refpecf built according to the dire^ions of the faid a^^ whereby directed by
various penalties have been incurred^ and feveral perfons are or may two of the

N n 3 be f^fveyors.

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53^ Anno declmo quarto Georgii III. 0,78. [1774;

he under profecution for the fame : and zvhereas the ({ivmrs of fuck
buildiijgs^ and the fever al builders^ or zvorkmen employed therein^ are
rfpeofively zoiUing to make the fame as fecure agaxnfl fire^ and as con-
formable to the dircrii6n% contained hi this aU., as the 'nature of each
cafe zvill admit ; be it therefore enaded by the authority afore-
faid. That in every adion, bill, plaint, fuit, or information,
novy depending, or that fliali hereafter depend, in any of his
Majefcy's courts of record at IVefminfhr^ againft any fuch
ov\'ner, builder, or workman, or perfon or perfons caufing any
inch building to be ere6i:ed or built^ or any, other perfon or per-
fons for the recovery of any penalty incurred, or fuppofed to be
incurred, by the faid a6^, it ihall be lawful for the court where
the fame is or may be depending, and fuch court is hereby re-
quired and impowered, on the application of the refpecTtive de-
fendants, to make a rule for the plaintiff in any fuch adion, bill,
plaint, fuit, or information, to deliver to fuch defendant or de-
fendants, or his, her, or their attorney in the caufe, an account,
in writing, under the hands of the plaintiff, or his attorney, of
the particular defed or irregularity in every fuch building, where-
by each penalty is incurred, or fuppofed to be incurred, and to
make an order for flaying the proceedings in fuch adlion, fuit,
or information, until fuch account in writing (liall be delivered ;
and after fuch account fhall have been delivered as aforefaid, it
fhall and may be lawful to and for fuch defendant or defend-
ants, either to defend fuch adion or a6lions, as if this a6l had
not been made, or othervvife, in cafe he or they fhall not chufe
%o defend the fame, to enter into a rule of the fame court for
inaking good or reforming fuch irregularities and defeds., (if
any,) and for rendering fuch building as fecure againPc fire, and
as conformable to the diredions of this set, in fuch manner^ and
within fuch time, as two or more of the furveyors, fierein-be-
fore direded to be appointed in the county, city, or liberty,
wherein the fame is fituate, ihall, by any writing, under their
]Rule being hands, dire6i: and appoint: and upon fuch rule being entered
enierea into into by fuch defendant or defendants, and on payment to the
by dtfencbnt, plaintiff of the colb in fuch a6lion, fuit, or information, to be
tnXioZt ^^'-^^ ^y ^^^^ proper ofHcer of fuch court, the faid court Hiali
^aj'sd, he, order all further proceedings to be flayed in fuch aclion, fuit, or
information, until the time appointed by the faid furveyors for
the purpofes aforefaid (hcdl be expired ; and after the expiration
thereof, fuch court is hereby required and impowered, on appli-
cation or motion by or on the behalf of fuch owner, builder,or
workmian, or other perfon or perfons aforefaid, and on proof by
aOidavit to the fatisfa6fion of fuch court, that the defects and
irregularities complained of are made ^ood or reformed, and the
. • .building o^ fuch houfe or houfes rendered as fecure againft fire^
and as conformable to the diredlions of this a61, in fuch man-
ner, and within fuch time, as' fuch two or more of the faid fur-
vcyor or fupervifors fhall have appointed, by fuch writing as
aforefaid, to order proceedings to be peremptorily flayed in fuch'
adjon, fuitj or information : and the defendant or defendant?
'■•.""■ ^- •■- ■'• ; '. :lhai]j

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1774'] Anno decimo quarto Georgii IIL 0,7^. 537

Ihall, from thenceforth, be for ever indemnified and difcharged Defendant in*
of, from, and againft all penalties and forfeitures, incurred or to ^^"^"'^j'^
be incurred, for or by reafoo of not having originally built fuch fg^^j^es ^c,
party-walls or buildings, purfuant to the diredions of the faid
ad, pr f6r or by reafon of any other defed or irregularity,
whereby fuch houfes or party-walls are otherwife built than
purfuant to fuch diredions; any thing in the faid ad contained
to the contrary notwithftanding.

XC. Provided, That if no fuch application (hall be made to Provifa.
court before the end of the next term after the expiration of
fuch time as (hall be appointed by the faid furveyors as afore-
faid, for the purpofes aforcfaid; or if, upon fuch application as
aforefaid, fuch proof fhall not be made by the defendant or de-
fendants to the fatisfadion of the faid court as aforefaid, then
the faid plaintiff or plaintiffs (hall be at liberty to proceed in
fuch fuit as if this ad had not been made.

XCI. And it is further declared by the authority aforefaid, How the
That the court or courts, where any fuch rule as aforefaid fhall court fhall
be entered into purfuant to the diredions in this ad contained, pf^oceed wher«
ihall, and are hereby required to proceed againft the party or ^e^entered
parties who fhall have entered into any fuch rule, and have re- into &c.
fufed or negleded to perform the fame, as for a contempt of the
faid court ; and (hall, on motion, iffue the like procefs of at-
tachment or otherwife, as is ufually iffued againft any fuitor or
iliitors of fuch court for contempt of a rule of court.

XCII. Provided always, That this ad, or any thing herein Not to extend
contained, fhall not extend to indemnify any perfon againft to indemnify
whom final judgement (hall have been given before the paffing pefionsagain(t
9f this ad, in any adion of debt, bill, plaint, or information, in nienrdiaU^b"
any of his Majefty's courts of record, grounded on the faid ad, given, &c,
made in the twelfth year of his prefent Majeil:y's reign, for the
recovery of any penalty inflided by the faid ad.

XCill. And whereas^ fince the paffing the faid aol^ made i/2 ibe Irveguhr
twelfth year^ of his prefent MajeJIy's reign^ jvany houfes and other buildings
buildings have been ere^ed within the limits afore fidy not conform- ^^^^^^ ^^"c«
able to the regulations of the faid a^^ but no profeciitions have beeu^ J^ be^made
and probably may not be^ commenced againft the builders thereof: and fecure againft
whereas it is reafonable that the fame fitould he made as fecure againji fi^e j and
fire^ and as conformable to the diredions in this a5iy as the nature ^!^^^?"^^^ Pf^*
each cafe will admit : and whereas ivooden buildings have been ereBed aUere'd ^^ ^
on 'the tops and other parts of houfes ^ and 7nany bow-windows and though'no
projeolions have been made contrary to the faid a^^ though no profit proftxutions
cutions^ have been nor may probably be commenced for any penaltif^s ^^^^ been
thereby incurred: and luhereas fuch vjooden buildings as have been fo ^°"^^^^"'^^^»
ereoied on the tops or other parts of the faid houfes ^ and fuch bow-ivin^
dows or proje^ions ought to be taken down and removed^ or fome al-
terations or amendments ought to be made therein -^ be it therefore
enaded by the authority afo!:efaid. That if any three or more
furveyors or fupervifors, to be appointed, and fworn in manner
herein-before direded, fhall certify, in w-riting under their
hands^ to the court of mayor and aldermen of the city o(

N n 4 London^

Hosted by Google

'5S^

Court to
make an
order for re-
forming irre-
^giilar pro-
je6lions.

Order to be
filed.

Irregularity
to be reform-
ed within ^

fnonths,

<>r) pain or
50 1» penalty.

Anno declmo quarto Georgii III. c. 78. fi^-.^
Londori, or to the court of quarter feffions within whofe iurifHi;

he...m-beiore made refpeaing the fame, andfhall certify in what
manner the fame may be reformed, it fhall be lawfu for the fafd
court of .nayor and aldermen, or court of quarter fSions re
. fpearcy, wuhm whofe jurifdicfion the faid^houfe or EdinT
or bow-Window or projection, is fituated, if they think fit fo
make an order for amending or reforming fuch houfe or build

fir! 'or mn"^'^'' ?' ^°S "^^'"§ "^^ '"^^^ "^^ fecurrag nii
hre, or more nearly conformable to the regulations of this aS
and for tak.ng down and removing, or for altering or me !d L '
fuch wooden bmldmgs, and fuch bow-windows or pfoieaionf*
as aforefa.d, by the mafter builder, mafter bricklayef, oi rnafte^
wo kman, or perfon who caufed the fame to be ereded, who
Aall be exprefsly named in fuch order: and every fuch order of
the fa.d court ot mayor and aldermen, or court of feffions: fhall
be, by the town clerk of the city of Z.W.«, or by the ckrk of

^.^Ta ^'' '^''r^' r^ be,/entered and filedL of recorS;
m the /aid court where fuch order was made; for the entry and
filmg whereof, and for every copy thereof, the faid town clerk
or clerk of the peace, fhall be paid by the perfon applying £
the fame the .urn of one ftilling, and no more, if the Lido
pot exceed one hundred words, and if the fame exceed ona
hundred words, then after the rate and proportion of one (hU.
hng for everyone hundred words ; and a copy of the faid order
fhall be deuvered to the faid perfon or perfons in the faid order
named or fl.all be leftat his or their laft or ufual place of abode
or vvuh the tenant m pofTeffion of the houfe or building, in the
lame order mentioned, or (hall be affixed upon the door, or other
notorious part, of the faid houfe or building; and within-the
Ipace of nine months next after the copy of fuch order (hall have
been fo delivered, or left or afSjced as aforefaid, the faid perfon
or perfons therein named fhall make good all the defeds and
irregularities m fuch order fpecified, and either take down and
entirely remove fuch wooden building or buildjngs, or bow-win-
dow, or projedlion, or otherwife alter, reform, or amend the
la|T)e, in fuch manner as fhall be direded by fuch order; and in
ca^ the faid order fhall not, in all refpe^s, be fully performed
and executed within the fpace of nine months next after the
copy thereof fhall have been fo delivered, or left, pr affixed as
aforefaid; then the perfon or perfons therein named, being the
mafter builder, mafter bricklayer, or mafter workman, or Sther
perfon or perlons who caufed fuch houfe or building, or bow-
window or proje61ion, to be ered^ed, ftialJ forfeit the fum of fifty
pounds i to be recovered and applied in like manner as the

penalties

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I774-] Anno decimo quarto GeoRGIi IIL c. 78. 539

penalties herein-before infliaed for diftilling a larger quantity

of turpentine together than is by this ad allowed, in places not

allowed by this adl, are herein-before direded to be recovered

and applied ; and fo ioties quoties for every nine months that

fuch defers and irregularities (hall continue, and fuch houfe or

other building, or bow-window or projedion, (hall remaia

built, otherwife than conformable to the diredions in fuch order

contained.

XCIV. And whereas feveral informations may have been Profecutlons
commenced before the faid mayor o^ London, and juftices of ^^^^^^^^^^^^^^^^^
peace, for recovering penalties or forfeitures incurred by the J ^^''^^^^^g^
faid ad made in the twelfth year of his prefent Majefty's reign, difcharged*
and the fame, or fome of them may be ftill depending before
the faid mayor and juftices out of fefTion, and other fuch infor-
mations may be depending before the juftices in the faid relpec-
live quarter feffions of the peace, by appeal or otherwife; be it
enaded by the authority aforefaid, That the feveral defendants,
in all and every fuch informations, ftiall be, and are by the
authority of this a6l, difcharged, acquitted, and indemnified,
from and a2:ainft all fuch informations; and the faid mayor and
juftices Ihali acquit and difcharge them of and from the fame
accordingly. m 4 r

XCV. And be it further ena^ed by the authority '^fo^-efaid, ^o orde^^^^
That no order which ftiall be made by the mayor of the city of j^^j^^^^
London for the time being, or by any juftice or juftices of theotMerproceed-
peace, by virtue of or under this a6t, or any other proceeding to ing, to be re.
be had touching the conviaion of any offender or offenders ^^^^^^^^^^
againft this ad, ftiall be removed or removable by Certiorari^ or
;9ny other writ or procefs whatfoever, into any of his Majefty's
courts of record at Wejlminjler.

XCVI. And be it further enaded by the authority aforefaid, Appeal may
¥hat if any perfon or perfons think him, her, or t^^emrelves|^^^^'|^^^^^^^t^^^
aggrieved by any convidion, commitment, diftrefs, order, ^^^3^.^^^.
or judgement, of the mayor of the city of Lojidon^ for the time feffions,
being, or of any juftice or juftices of the peace, made out of
feffions by virtue of this ad; fuch perfon or perfons may appeal
to the juftices of the peace, at their general quarter feffions of
the peace, to be holden in and for the city of London and
liberties thereof, the counties of Middlefe.y: or Surrey^ the city
and liberty of Wejiminjler^ or the liberties of his Majefty's
Tower of London^ (as the cafe may be,) which ftiall be holden
next after fuch conviaion, commitment, diftrefs, order, or
judgement ; who ftiall proceed to hear and examine on oath
i«to the caufes and matters of fuch appeal; (which oath or
oaths they are hereby impowered to adminifter;) and (hall
determine the fame, and award fuch cofts to the' party or
parties appealing or appealed againft, as they ftiall think
proper; and the order, judgement, and determination of the
faid juftices, in their refpeaive feffions, ftiall be binding and
conclufive to all parties.

XeVII. Provided always, and be it further enaaed byProvifo.
\ - ihs

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540 Anno decimo quarto Georgii III. c.78. [1774;

the authority ^aforefaid. That the perfon or perfons fo intending
to appeal iliall, immediately after fuch convidion, commitment^
diftrefs, order, or judgement, or within two days afterwards^
enter into a recognizance to the party or parties appealed
againft, before fuch juftice or juftices of the peace, with two
fufficient fecurities, conditioned to try fuch appeal, and ta
sbi.de the order of, and pay, to the party or parties appealed
againft, fuch cofts (if any) as (hall be awarded againft him^
her, or them, by the feffions refpedively.
Parimioners XCVIII. And be it further enaded by the authority

inay be wit- aforefaid. That the parifhioners and inhabitants of the pari(h,
neffws, precin6l, or place, where any offence againft this aft fhali

be committed, (hall be allowed to be competent witneffes
on the trial or otherwife, in any adion, bill, plaint, or
information, in any of the faid courts of record, or at or
upon the he.lring and determination of any information before
the mayor of London^ or other juftice of the peace, for or-
concerning any offence or offences againft this prefent a6l ;
T^otwithftanding his, her, or their being a parifhioner or
parifhioners, inhabit;ant or inhabitants, in fuch parifh, precin6]:3^
or place.
Limitation of XCIX. Provided always, That no action or profecution (liaH
anions for be brought or commenced againft any perfon or peribns for
penalties, g^y penalty or forfeiture inflided or incurred by this ad,

unlefs the fame ftiall be commenced within fix calendar months
next after fuch forfeiture ftiall have been incurred.
Xim'itation oF C, And be it further enaded by the authority aforefaid, That
a6bons againft no adion or fuit (hall be commenced againft any perfon or
perfons a^ing perfons for any thing done in purfuance of this ad, until
un er tne a ^- |-^Y^j;^ty.Qne days after notice, in writing, of an intension to.
bring fuch adion or fuit, has been given to the perfon or perfons
againft whom fuch adion or fuit ftiall be brought, nor after the
expiration of three calendar months next after the fad commit-
ted ; and every fuch adion or fuit, the caufe whereof ftiall arife,
Within the faid city of London^ or the liberties thereof, ftiall be
laid and tried in the faid city of London^ and not eKewh.ere ; and e-
very fuch adion or fuit, the caufe whereof fhali arife in any part
of the limits aforefaid out of the faid city oi London and liberties
thereof, fhali be laid and tried in the county oi A4iddlejex^ and
General ijue. not elfewhere ; and the defendant or defendants in every fuch
adion or fuit may plead the general iffue, and give this ad, and
the fpecial matter, in evidence, at any trial or trials to be had
thereupon, and that the matter or thing, for which fuch adion
or fuit is brought, was done in purfuance and by the authority
of this ad : And if the faid matter or thing appear to have been
{o done, or if it appear that fuch adion or fuit was brought;
before the expiration of twenty-one days after fuch notice givea
as aforefaid, or that fufficient fatisfadion was made or tendered;
before fuch adion was brought ; or if any fuch adion or fuit be'
not commenced within the time herein for thatpurpofe limited^
or be laid in>iny otlier county or place than as aforefaid 3 then

' \ ,th@

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1 774-] Anno decimo quarto Georgii III. c. 78. 541

the jury, in every fuch a(5lioa or fuit, (hall find for the defend-
ant or defendants therein; and if a verdi6t be found for the
defendant or defendants, or if the plaintiff or plaintiffs, in any
fuch adion or fuit, become nonfuited, or dlfcontinue, or fufFer
a difcqntinuance, of ^ny fuch a6lion or fuit ; or if, in any fuch
adion or fuit, judgement be given for the defendant or defend-
ants therein^ on demurrer, or by default, or otherwife ; then,
and in any of the cafes aforefaid, the defendant dr defendants
fhall have judgement to recover treble colls of fuit, and (hall
have fuch remedy for recovering the fame, as any defendant or
defendants may have for cofts in other cafes by law.

CI. And be it further enadled. That from and after the faid Repealing
twenty>fourth day of June one thoufand [tvo.^ hundred and former ^^^s fo
feventy-four, the faid adt, pafTed in the twelfth year of the reign ^l,^y.^y^^\l^ *
of his prefent majefty, (intituled, An a 51 for the better regulation regulating of
cf buildings and party -walls within the cities ^/London and Weft- buildings, pre-
mlnfter, and the liberties thereof^ and other the parijhes^ precin£ls^ T^'^f^h ™fi^"
and places in the iveekly bills of mortality^ the parijhes of Saint ^^^^ ^ ^ ^^*
Mary-le-bone t2;/^Paddingtonj Saint Pancras, and Saint Luke at
Chelfea, //; the county of Middlefex, and for the better preventing
of rmf chiefs by fire zvithin the faid cities^ liberties^ parijhes,^ prednBs'^
and places \ and f$r amending and reducing the laivs relating thereto
into one a5i^ and for other purpofes ; fliall be, and the fame is
hereby repealed; but neverthelefs, fo much of an a6l made in
the nineteenth year of the reign of his late mojefty King Charles 19 Car. 2. c. j,
the fecond, intituled, Jn a^ for rebuilding the city ^y London as
.^elates to 'the regulating buildings and party-walls; and an zdi
made in the fixth year of the reign of her late majefty Qiieen ^ Ann^ c. 3*.
jlnne^ (intituled. An a^ for the better preventing mifchiefs that may
happen by fire ;) alfo an a(5t made in the feventh year of the reign ^x^^i^ c. i7v
of her faid late A4ajefl:y, (intituled. An a5l for making more ef-
felfual an a5l^ made in the fixth year of her Majejlfs reign^for the
better preventing of 7m f chiefs that may happen by fire\) alfo fo
much of an zdi made in the eleventh year of the reign of his
late majefty King George the firft, (intituled. An att for the better ^^ Geo.i.c.aS*
regulating of buildings^ and to preveftt mifchiefs that may happen by
fire within the iveekly bills of mortality^ and other places therein men-
tioned^) as relates io regulating buildings and party-walls ; alfo
fo much of an a6t made in the thirty-third year of the reign of 3jGeo.z,c.3G»
his late majefty King George the fecond, (intituled, An aB for
widefiing certain freets^ lanes^ and paffages^ vjithin the city of
London, and liberties thereof^ and for opening certain new freets
and ways vjithin the fame^ and for other purpofes therein mentioned^)
as relates to the regulating of buildings and party-walls, and
preventing mifchiefs that may happen by fire; alio fo much of
an zdi made in the fourth year of the reign of ' his prefent 4- Geo. 3. c.14.
Majefty, (intituled, An a£i for the better regulating of buildings^
and to prevent mifchiefs that may happen by fire ivithin the weekly
bills of mortality^ and other places therein mentioned^) as relates to
thie regulating of buildings and party-walls, and preventing
snifchiefs happening by fire \ alfo fo much of an a6t made in the

fixth

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542 Anno decimo quarto Georgii IIL C.79. [1774;

6Geo.3.c.x^ fixth year of his prefent Majefty's reign, (intituled. An a5l u

explain, amende and render more effe^ud the powers of an a5i, made
in the tbirty-third year of the reign of hh late Majefty, intituled.
An adl for widening certain ftreets, lanes, and palTages, within
the city of London^ and Jiberties thereof; and for opening cer-
tain new ftreets and ways within the fame; and for other pur*
pofes therein mentioned,) as relates to the regulating of buildinos
and party-walls; alfo fo much of another ad made in the fatd
6Geo.3.c.i7. fixth year of his prefent Majefty's reign, (intituled, An a 51 to
explain, amend, and render more effectual, an aa made In the fourth
year of his prefent Majeffs reign, for the better regulating of builds
ings, and to prevent mljchiefs that may happen by fire within the
weekly bills of m^ortalliy, and other places therdn nwitloned,) as relates
to the regulating of buildings and party-walls, and preventing
mifchiefs that may happen by fire, (hall be, and continue, re-
pealed.

CII. And be it further ena^ed by the authority aforefaid.
That this aa (hall be deemed and taken to be a publick aa ;
and (hall be judicially taken notice of as fuch by all judges,
jutlices, and other perfons whomfoever without fp'ecially plead-
ing the fame,

CAP. LXXIX.

An a 51 for explaining an a5l, made in the tivelfth year of the reign of
^een Anne, intituled. An ad to reduce the rate of intereft.
Without any prejudice to parliamentary fecurities.

iPreamble. X!\7 H E R E A S large fumt of money have been md may be lent^
V V by his Maje/lfs fubjecls In Great Britain, upon mortgages^
or other fecurities, on eftates in the kingdom ^^/'Ireland, and alfo in his
Majeflys colonies or plantations In the V/eft Indies ; which loans
have been found to contribute greatly to the improvement of the f aid
kingdom, colonies, and plantations : and whereas it has frequently
been found convenient to execute fuch mortgages or fecurities, and the
transjers or ajfignments thereof, in Great Britain / and luhereas
doubts have ar I fen, whether fuch loans ^ and the mortgages or fecurities
for the fame, and the transfers or ajfignments thereof, when made
and executed in Great Britain, are as valid and effectual as luhen
made and executed in the f aid kingdom of Ireland, colonies, pla7itatU
cns^ or dommlons ; and, by reafon of an a 51, puffed in the twelfth
year of the reign of her late majefiy ^een Anne, intituled^ An a6t
to reduce the rate of intereft, without any prejudice to parlia-
mentary fecurities, ivh ether fuch mortgages or fecurities are valldl
and efi}51ual where the rate of inter efi thereby refer ved or made pay--
able Is more than five pounds per Centum, though fuch Inter efi does
not exceed the rate of intereji allowed and eflahllfi)ed by the law of
the kingdom ^Ireland, colony, plantation, country, or place, in which
the eflates comprifed in fuch mortgages or fecurities refpe5llvely are ;
and whether his Majefiy s fuhje 51 s in Great .Britain have not, or
may mt^ become fubje5i or liable to penalties ar forfeitures by receiving

or

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AaiiAnnac."

1774-] Anno decimo quarto Georgii III. c 79. 54 j

or taking inter eft for the fums of money really andhonz Meadvmued
or lent on fuch mortgages or fecurities^ at the rate of inter eft alloived
and eftahlifhed by the law of the kingdom^ colony^ plantation, country ^
or place^ ivherein the mortgaged eftates refpeBively lie: For obviat-
ing fuch doubts, be it enaded 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 affem-
bled, and by the authority of the fame, That all mortgages and
fecurities which, by any of his Majefty's fubjeds, already have All mortga-
been made and executed in Great Britain, of or concerning any ges, &c. ex:e^
lands, tenements, hereditaments, flaves, cattle, or other things, ''^l^^'^Q^l^
lying and being in the kingdom of Ireland, or in any of the faid -^^ freiand, or
colonies, plantations or dominions, or any eftate or intereft the colonies^
therein, to any of his Majefty's fubjeds, for fecuring the repay- or intereft
ment of the fums of money thereon refpeaively really and boria %^J^^^^^{f^^
fide advanced and lent, with intereft for the fame ; and all bonds, j^^^^ ^
covenants, and fecurities, for payment of the fame fums of
money and intereft rcfpe6tively, apd all transfers or affignments
which have been made and executed in Great Britain of , fuch
mortgages, fecurities, or bonds, to any of his Majefty's fubjedfs ;
(hall be as good, valid, and efFeaual, to all intents and purpofes ^^^^H^^l^^
whatfoever, as fuch mortgages, fecurities, bonds, covenants, ecuted\n the"
transfers or affignments, would have been, if the fame had been place where
made and executed in the kingdom, ifland, plantation, country, the lauds lie;
or place, where the lands, tenements, hereditaments, Haves,
cattle, or other things, mentioned and comprifed in any fuch ,
mortgage, fecurity, transfer, or affignment, as aforefaid, feve-
rally lie or are^; and that none of his Majefty's fubjedls in Gre^at ^^^ „q BritiOi
Britain (hall be fubjedl or liable to any of the penalties or fabjea is liable
forfeitures in the faid adl, made in the twelfth year of her to the penai-
faid late Majefty's reign, by receiving or taking intereft for the ^i^sof aft
fum or fums of money really and bona fide advanced or lent on
any fuch mortgage, fecurity, bond, covenant, transfer, or af-
fignment, as aforefaid, at the rate of intereft allowed and efta-
blilhed by the law of the kingdom, colony, plantation, country,
or place, wherein the mortgaged premifes refpedively lie or
are.

II. And be it further enabled by the authority aforefaid, That Transfers of
all mortgages and fecurities which, by any of his Majefty's ^"^^ mortga-
fubje<Sts, after the paffingof this a6f, fhall be made and executed f^Britai^n con-
in Great Britain, of or concerning any lands, tenements, cerning lands
hereditaments, flaves, cattle, or other things, lying and being in Ireland, in
in the kingdom of Ireland, or in any of the faid colonies, plan- ^^^ ^^k "^^ rr!
tations, or dominions, or any eftate or intereft therein, to any
of his Majefty's fubje6ls, for fecuring the repayment of the fums
of money thereon refpedively to be really and bona fide 2idM2SiCtd>.
and lent, with intereft for the fame ; and all bonds, covenants,
and fecurities, for payment of the fame furns of money, and
intereft refpe(5lively, and all transfers or affignments which, after
the paffing of this a6f, (hall be made and executed \Vi Great
Britain of fuch mortgages, fecurities, or bonds, to any of his

Majefty's

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544 Anno decimo quarto GeoRgii III. c. yg. [1774?

Majefty's fubjeas, (hall be as good, valid, and effeduaL to all
intents and purpoles whatfoever, as fuch mortgages, fecurities
bonds, covenants, transfers, or afTignments, would be if the
lame were made and executed in the kingdom, illand, plantati-
on, country, or place, where the lands., tenements, heredita-
ments, flaves, cattle, or other things to be mentioned or com-
prifed in any fuch mortgage, lecurity„ transfer, or affianment,
as atorefaid, feverally lie or are : and that none of his Majefty's
lubjeds in Great Britain (hall be fubjed or liable to any of the
penalties or forfeitures in the faid aa, made in the twelfth year
of her faid late Majefty's reign, by receiving or taking intercft for
•the fum or fums of money to be really and bonajich advanced or
lent on any fuch mortgage, fecurity, bond, covenant, transfer,
or afTignment, as aforeiaid, fo as the intereft fo to be received or
taken do not exceed the rate of fix pounds for one hundred
pounds for a year; the aforefaid ad of parliament, or any other
law or ftatute to the contrary notwithftanding.
Not to make HI. Provided always, and it is hereby declared, That this a^
good fuch (hall not make good, valid, or efFedual, any fuch mortgaj^e
the'S; fecurity, bond, covenant, transfer, or adignment, where tlie
has advanced ^^"<^er or lenders of any fum or fums of money has or have
more than the knowingly advanced or lent, or ftiall knowingly advance or lend
lands are thereon, more money than the lands, tenements, hereditaments,

wortti. (laves, cattle, or other things, in fuch mortgages, fecurities'

transfers, or aflignments, mentioned or comprifed, or to be men-
tioned or comprifed, was, were, or (hall be^ at the time or times
of advancing or lending fuch fum or fums of money as aforefaid,
really and bona fide worth, to be fold.
Perfons bor- IV- And be it enaded by the authority aforefaid, That all
rowing fums and every perfon or perfons, borrowing any fum or fums of
vai'ufwhih^^ "^°"^y "^"^^^ ^^^^ authority of this a^, upon any fuch lands,
the lands (hall ^^?^"^^.^^^5 hereditaments,, (laves, cattle, or other things, as
be worth, to aforefaid, exceeding the value which the fame Ihall be, at the
forfeit triple time of borrowing fuch fum or fums of money, really and bo?ia
the value of ^,jg worth to be loid over and above all incumbrances which
(hall then afFea the fame, (hall forfeit triple the value of the
One half to fum borrowed ; the one half to be paid to the informer, and the
the intormer, other half to the treafurer of the royal hofpital for feamen, at
and the otner ^ • l - .^ . c r^ \ - r ai • . '

to Greenwich ^^'^^nwich^m the county ot Kent^ or to his fufticient deputy or

Hofpital. ageJ^t, for'the ufe of the faid hofpital.

Mortgages to V. Provided alfo, and be it ena6led. That all fuch mortga-
be regiftered ges, or other fecurities granted under the authority of this ad",
'<v ^^^/^^'°"^' by which fuch lands, tenements, hereditaments, (laves, cattle,
kndriier ^^^ ^^ ^^^^^^ things, are intended to be charged or affec'ied, ftiall be
rpgiftered within the kingdom, illand, colony, plantation, coun-
try, or place, where the faici lands, tenements, hereditarricnts,
(laves, cattle, or other things, feverally lie, or are within the
time limited by the laws of fuch kingdom, i(land, colony, plan-
tation, country, or place, otherwife the fame (hall be fubjed to
the feveral provifions and penalties contained in the faid a<ff,
made in th^ twelfth year of her late majefty Queen Anne^ in

fuch

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1774'] Afino decimo quarto Georgii III. C.8o. |45

fucK manner as the fame would have been if this a6l had never

been paffed, unlefs the mortgagee, or other perfon or perfons,

for whofe behoof fuch mortgage or other fecurity (hall have

been made or granted, fhall have bona fide ufed his or their

utmofi: endeavour to caufe the fame to be regiftered within the

time herein-before limited for that purpofcv

C A P. LXXX.

Jji a5l to continue the fever al hivs therein mentioned^ for the better
encouragement of the making of fail cloth in Great Britain ; and
for fe curing the duties upon for eign-made fail cloth ^ and charging
foreign-made fails with a duty.

WHEREAS the laws herein-after mentioned are near expir- Pfcamb^^
ing ; may it therefore pleafe your Majefty that it may be
cnaded ; and be it enadled by the King's moft excellent maje-
fly, by and with the advice and confent of the lords fpiritual and
temporal, and commons, in this prefent parliament afTcmbled,
and by the authority of the fame. That an a6t made in the
thirty-third year of the reign of his late majefty King Goorge the
fecond, intituled, An att to continue an aSi made in the twelfth ^^11^^^*^
year of the reign of her late majejly ^een Anne, intituled^ An a6t
for the better encouragement of the making of fail cloth in
Great Britain^ which was to continue in force until the twenty-,
ninth day o{ September^ one thoufand feven hundred and fixty-
feven, arid from thence to the end of the then next felTion of
parliament ; and which by an ad made in the eighth year of the and A^: %
reien of his prefent Majefty, was further continued, from the ^^^' ^'^^^
expiration thereor, to the twenty-nintn day or September ^ <^ne the making of
thoufand feven hundred and feventy-four, and from thence to fail cloth in
the end of the then next fefllon of parliament, fliall be, and the Great Britain,
fame is hereby further continued, from the expiration thereof, further cbnti-
to the twenty-ninth day of September ^ one thoufand feven hun- nued till Sept.
dred and eighty-one, and from thence to the end of the then*9'i78i.
next feffion of parliament.

11. And be it further ena6led by the authority aforefaid, A<51 19 Geo. a.
That an a6l made in the nineteenth year of the reign of his late for ^curing
majefty King George the fecond, for the more efFedual fecuring foreign- made
the duties now payable on foreign-made fail cloth, imported fail clcth>3cc.
into this kingdom, and for charging all foreign-made fails with
a duty ; and for explaining a doubt concerning fliips being
obliged, at their iirft fetting out to fea, to be furnilhed with
one compleat {qX. of fails piade ol Britifo fail- cloth, which was
to continue in force from the twenty-fourth day of fune^ one
thoufand feven hundred and forty-fix, for the term of izv^n
years, and from thence to the end of the then next feffion of
parliament ; and which, by three fubfequent ads, made in the continued bf
twenty-fixth and thirty-fecond years of the reign of his faid late A<5ts 26 & 3*
Majefty, and of the iixth year of the reign of his prefent Maje-^^*^' ^"^
fty^ was further continued until the twenty-fourth day of June^ ^^' ^'
I one

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5^6 Anno decimo quarto Georgli III. c. 8 1. [i 774.

one thoufand feven hundred and feventy.four, and from thence
to the end of the then next fpffion of parliament, Hiall he, and

nJedTiuTune^^r'' ^'""m '' ^^'^^^ ^^'^^'^^ Continued from the expiration there-
nued^niuune f^ ^^^j ^^^ twenty-fourth day oi June, one thoufand fewca

hundred and eighty-one, and from thence to the end of the

then next feflion of parliament.

CAR LXXXL

Jn aS? for altering and amending an aH, made In the fixteenth year
of his late Mojeflfs reign, intituled. An acl to explain and a-
mend the Jaws touching the eleftion of members to ferve for
the commons in parliament, for that part of Gredt Britain
called Scotland'-, and to reftrain the partiality, and regulate the
condua, of returning officers at fuch eleaions, by altering the
time of notice, ordered by the [aid aSf to be given, in the fervice of
complainti to the court of feffon, of wrongs done in eleaions, and
by regulating the manner, and fettliitg the place, of ekaion of a
hurgefs to ferve in parliament for a dijlri5l of boroughs in Scotland,
when the ele5lion of the magifirates and council of a borough, which
eught in courfe to be the prefiding borough at an ele5lion, happem
to be reduced, and made void, by a decree of the court of fejfton^
and not revived by the crown, ivhenfuch ele^ion is made.

Preamble. W/^ ^ E R E A S by an a^, made in the fixteenth year of his late
A6ti6Geo.a. VV Majejlys reign, intituled. An a6l to explain and amend
the laws touching the ele6lions of members to ferve for the com-
mons in parliament, for that part oi Great Britain called Scot-
land-, and to retrain the partiality, and regulate the conduct,
of returning officers, at fuch eledions; complaints to the court of
feJfton,for redrefs of wrongs committed by the inr oiling, or refufmg to
inrol, per [on s claiming to be inr oiled in the roll of freeholders, or in the
annual elections of royal boroughs, are ordered to be ferved upon thirty
days notice : and whereas it is found by experience, fo long fjotice is
Court of fef- unnecejjary, and occafwrrs delay in the fummary determination of fuch
fion, on .15 complaints, agreeable to the intendment of the jaid a5l ; may it there-f
days notice, fore pleafe your Majefty that it may be enaded, and be it ena6t-
(hall grant ^^ ^^y the king's mofl: excellent Majefty, by and with the advice
fsrvice of ^"^ confent of the lords fpiritual and temporal, and commons,
complaints for in this prefent parliament aflembled, and by the authority of the
redrefs of fame. That from and after the twelfth day of June, in the year
^^°"Ss ^^f"* of our Lord one thoufand feven hundred and Tevehty-four, the
iSinng at ^^" co'J^^ ^^ feffion ihall grant warrants for the fervice of all fuch
elections. complaints as aforefaid, upon fifteen days notice^

.0- r II. And whereas the ek^ions of niagi /hates and coiuifellors of royal

bureefs to boroughs in Scotland have fometimes been reduced and made void^ by

ferve in par- decrees of the court of feffion, in aSlions or complaints brought before

liament regu- the [aid court for that pur p of e, by which the corporate powers of fuch

latcd. boroughs are in effe5l in a fiaie of nonexxflence, until reflored by the

juflice and favour of the crozvn : and whereas no provifion is made in

the aforefaida^ of the fixteenth year of the reign of his late Majejiy, or

any other aol now in being, for regulating the manner -^ and feitlinz the

place.

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1774'1 Anno declmo quarto GeorgII lit. c. 82. 547

j^lace, of ele5lion of a burgefs to ferve in parliament for^ a dijlri5l of
boroughs in Scotland, when the ele^ion of magiftrates and council of
a borough^ which ought in courfe to have been the prefidlng borough at
the ek^iony happens to be reduced^ and not revived when the eleBiori
is made : for remedying thereof, be it enaded by the authority
aforefaid, That in every eledliori of a burgefs to ferve in parlia-
ment for a dlftri6l of boroughs in Scotland^ when it fhall happen
that the eledion of the magiftrates and council of the borough,
which ought to have been the prefiding borough at fuch ele6lion^
is reduced and not revived, the next borough intitled to prefide
in turn (hall be the prefiding borough, and theeiedion (hall be
made at that borough ; and the commiffioner for that borough
(hall be the prefident of the meeting of commi/Tioners for the
eledion, and have a cafting and decifive vote, befide his own
as commiflioner, where the votes of com mifTioners are equal;
and the common clerk of that borough fhall be clerk to the elec-
tion *y and every matter and thing concerning the eledion (hall
be proceeded in as if that borough had been the prefiding bo-
rough, in the ordinary courfe of rotation.

III. And be it further enacted by the authority aforefaid. The prefiding
That the borough which would have been the prefiding H?^^-|^Sf
borough at the eledlion, if the ele6lion of the I'n agi Urates ^q^ ^o be af-
and counfellors of fuch borough had not been reduced, certa'med.
Ihall, when revived by the juftice and favour of the crown,
have no right or title to be a prefiding borough in the elecftion
of a burgefs to ferve in parliament for the diftriet of boroughs
of which it is one, until the other boroughs of the diflrid, each
in their turn, have fuccefTively prefided, and that the right de-
volves upon fuch borough in the ordinary courfe of rotation.

CAP. LXXXIL

An a5f for explaining and altering an a 51^ made in the thirteenth year
^ of his prefent Majefiys reign^ intituled^ An a6t to explain and
amend, and reduce into one acl of parliament, the general
laws now in being for regulating of turnpike roads in that
part o^ Great Britain called England^ and for other purpofes;
fofar as the fame relates to the payment of additional tolls at weigh-
ing engines^ and the number of horfes to be ufed in carriages drawn
on turnpike roads : and for allowing certain exemptions with ref^
pe^ to weight and payment ofjtoll in particular cafes.

WHEREAS much .inconvenience has been found to arije ^n^imhU.
from the heavy addiiional tolls authorifed and dire^ed to be
taken by anaii^ pojfedin the laft feffon of parliament ^ intituled^ An Aa^Geo. 3,
a6l to explain and amend, and reduce into one a(Jt of parlia-
ment, the general laws now in being for regulating of turnpike
roads in that part of Great Britain called England^ and for
other purpofes, from perfons who have in zvaggons^ carts, or car-
riages^ carried greater weights than are thereby allowed upon turnpike
roads : and whereas it is expedient and neleffary to make forne altera-
tion with refpeSf to fuch aditional tolls^ in order to prevent innocent
perfons from fuffering unwarily or inadvertently thereby : and whereas
Vol. XXX. Oo ' Pk

Hostqd by Google ,

i+8

Partoftbefaid
a6l repealed.

Additiontl
tolls to be
liereafter ta-
ken for extra
vv'eights oa
waggons.

Ho waggon,
cart, or car-
riage, employ »

Anno dedmo quarto Georgii III, c. 82. [17^^

the permitting any zvaggon, cart, or carriage, when tveighed at anf
weighing engine, to be drawn by an unlimited number ^f horfes has
been found, on trial, to be inconvenient, and liable to abufe -for re-
medy thereof, may it pleafeyour Majefty that it may be enaa^
ed ; and be it eiiadcd by the King's moft excellent maieftv bv
and with the advice and confent of the lords Ipiritual and tem-
poral, and commons in this prcfent parliament affemyed
and by the authority of the fame. That fo much of thefaid be-
tore-recited acl, as jmpowers the truftees of any turnpike road to
receive and take the additional toll of twenty (hijhngs for every
|hundred weight, which any waggon, cart, or carria|e, toP;ether
with Its loading, Hiail weigh at any weighing engine, over and
above the weight allowed thereby 5 and alfo fo much thereof as
permits any waggon, cart, or carnage, after having been weigh-
ed as aforefaid, to be drawn by an unlimited number of horles-
fl'iali be, and is hereby repealed. ^

11. And be it' further ena^ed by the authority aforefaid
That from and after the lirft day of Augujl, one thoufand feven
hundred and feventy-four, it niall and may be lawful for all
truftees., appointed by any acl or ads of parliament, for the re-
pair of any turnpike road within that part of Great Britain cal-
led England^ or any ^^t or more of them, or for any perfon or
perfons properly impowered by any five or more of them, to
receive and take over and above the tolls already granted, or here-
after to be granted, the following fums of money, as additional
tolls for every hundred weight of one hundred and twelve pounds
to the hundred, which any waggon, cart, or carriage, together
with the loading thereof, Ihall weigh at any welghins;, engine
eroded, or to be creiled, over and above thq weighTs by the
before-recited acl allowed to each of them refpedively ; that is
to fay, for the tirfl: and fecond hundred of fuch over weio-ht, the
fum of three-pence, for each hundred ; for every hundred of Vuch
over weight above two hundred, and not exceeding five hun-
^xt^^ the fum of fix-pence; for every hundred of fuch over
weight above ^vq hundred, and not exceeding ten hundred, the
fum of two fnilHngs and llxpence; for every hundred of iuch
over weight above ten hundred, and not exceeding fifteen hun^
dred, the fum oi ^\'t (hillings; and for every hundred of fuch
over weight above fifteen hundred, the fum of twenty fhillino-s •
which faid addirional toll or duty, hereby granted and made
payable at any weighing engine, as aforefaid, (hall and may be
levied and recovered in any of the cafes aforefaid, upon any per-
fon liable thereto, or upon his or her goods or chattels, who
(liall, after demand made thereof, refufe or negled to pay the
fame, in fuch manner as any other toll or duty payable at the
fame toll-gate or bar, where any fuch engine fhall be erecfted is
or (hail be by law to be levied and recovered ^ and the money
arifing from fuch additional toll or duty (hall be applied to \[\q,
repairs g{ the turnpike road where the fame (hall be coileded."

III. And be it further enacted, That from and after the faid
firll: day oi Auguji, no waggon, cart, or carriage, employed only

in

Hosted by Google

I774-] Anno decimo quarto Georgii llh c. 83; 54^5

in hufbandry, or carrying only m-mure or. lime for the improve- <sfi in Inif-
ment of land, or hay, ftraw, fodder, or cora unthrefhed, (ex- ^^dry,to bo_
cepting hay or ftravv carried for fale), (hall be weiged at any ^'^^S^^^*
weighing engine now ereded, or hereafter to be eredled 3 anv
law or ulageto the contrary notwithfianding,

IV. And be it farther enabled, That the truftees of the feve- Truftees \^jfh-
ral turnpike roads within ten nniles of the cities of London and in 10 Miles of
Weftmmjler^ and the borough oi Southwark^ may, and they are ^oii4on, &c.
hereby itppowered, at their general or quarterly nneetings, to [^fl^^^^^*,^^^
lower the feveral additional tolls hereby directed to be taken, as
aforefaid, for over weight-, in fuch manner as to them fhall feem
fit and convenient.

^ V. And whereas the exemption fro?n toll in the before recited aH^ Waggons,
given to waggons^ carts^ and carriages^ moving upon rollers of the carts, &c.
breadth offi^xteen inches on each fide thereof, with flat fur faces, dur- '"o^'J^g upoa
ing the term of one year only^ is found not to he afufficient encourage- toU frU^tor
ment to induce perfons to ere^5l and make ufe of the fame ; he it there- five years.
fore enacted. That all fuch waggons, carts, and carriages, Ihall,
for and during the term of five years, to be computed from the
twenty-ninth day of September, one thoufand feven hundred and
feventy-four, be permitted to pafs or be drawn upon any turn-
pike road toll-free; any law to the contrary thereof in any-wife
notwithftanding :• and from and after the expiration of fuch srid after that
term, then to pay half toll only, as direded by the before-re- ^^^',"'^' ^?.P^-Y.

cited aa. , only half toll.

C A P. LXXXIIL

An a^ for making more effectual provifion for the government of the
province of Quebec in North America.

WHEREAS his Majejly^ by his royal proclamation, bear- Preamble,
ing date the fventh day of October, in the third year of
his reign, thought fit to declare the provifions which have been.?nade
in refpe^i to certain countries, territories, and iflands in America,
ceded to his Majefy by the definitive treaty of peace, concluded at Pa-
ris on the fenth day of February, one thoufand feven hundred and
ftxty -three : and ivhereas, by the arrangements made by the f aid royal
proclamation, a very large extent of country, iviihin which there ivere
feveral colonies a?td fettlements of the fiubje^s of ¥v2inQQ^ who claimed
to remain therein under the faith of the f aid treaty, was left, zviih^
out any provifiion being made for the adminiftration of civil govern^
inent therein-, and certain parts of the territory ^/Canada, ivherefe^
dentary fijheries had been eflabUfoed and carried on by ihe fubjeifs of
France, inhabitants of the faid province (^/^ Canada, under grants
and concejfions from the government thereof^ ivere annexed to the go-
vernfnent of Newfoundland, and thereby fubjcoied to regulations in-
confiflent with the nature offiuhfifheries : may it therefore pleafe your
mofl: excellent Majefty that it may be enaded 5 and be it enabled
by the King's mod 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 all the territories, iflands, and countries in North The ferrlto-

O 0 ;i Jr/ierica, ri^Sj iflands,

Hosted by LjOOgle

Britain,

550 Ant\o decimo quarto Georgii IIL c. 83^ [^774^

yndcomitne^, Jmerica^ belonging to the crown of Great Britain, bounded oa

rkarbeloiiT' ^^^. ^^^^^ ^^ ^ ^^"^ ^^^^^ ^^^ ^^^ ^^ Cbalmrs, along the high lands
ing to Great ^^i^h divide the rivers that empty themfelves into the river Saint
Lawrence {xo\x\ thofe which fall into the fea, to a point in forty-
five degrees of nothern latitude, on the eaftern bank of the river
Conne^icut^ keeping the fame latitude diredly weft, through the
lake Champlain^ until, in the fame latitude, it meets the river Saint
Lawrence ; from thence up the eaftern bank of the faid river to the
lake Ontario \ thence through the hkc Ontario, and the river
commonly called Niagara ; and thence along by the eaftern and
fouth-eaftern bank of lake Erie, following the^faid bank, until
the fame (hall be interfered by the northern boundary, grants
cd by the charter of the province of Penfylvania, in cafe the fame
Ihall be fo interfered ; and from thence along the faid northern
and weftern boundaries of the faid province, until the faid wef-
tern boundary ftrike the Ohio: but in cafe the faid bank of the
faid lake fhall not be found to be fo interfered, then follow-
ing the faid bank until it (hall arrive at that point of the faid
fcank which ftiall be ncareft to the north-weftern angle of the
faid province of Penfylvanid\ and thence, by a right line, to
the faid north-weftern angle of the faid province 3 and thence
along the weftern boundary of the faid province, until it ftrike
the river Ohio ; and along the bank of the faid river, weftward,
to the banks of the MiffiJJippi, and northward to the fouthern
boundary of the territory granted to the merchants adventurers
of England, trading to Hudfon's Bay ; and alfo all fuch territo-
ries, iflands, and countries, which have, lince the tenth of Fe-
iruary, one thoufand feven hundred and iixty-three, been made
part of the government oi Newfoundland, be, and they are here-
by, during his Majefty's pleafure, annexed to, and made part
and parcel of the province of ^ehec, as created and eftablifhed
by the faid royal proclamation of the feventli of O^ober, one
thoufand feven hundred and fixty-three.

IL Provided always, That nothing herein contained, relative

annexed to
the province
oi Quebec,

jNlot to afFea

the boundaries to the boundary of the province 0^ ^ebec^ ,{\xz\\ in anywife af-

■ any
colony J

nor to make
void other
rights for-
merjygrantcd

feci the boundaries of any other colony.

IIL Provided always, and be it enadled. That nothing in this
ad contained (hall extend, or be conftrued to extend, to make
void, or to vary or alter any right, title, or po(reflion, derived
under any grant, conveyance, or otherwife howfoever, of or to
any lands within the faid province, or the provinces thereto ad-
joining ; but that the fame (hall remain and be in force, and
have eifecl, as if this adl had never been made,

IV. Andivhereas the provifiom^ made by the faid proclamation ^
fions j-nade for/^ rffpe5i to the civil government of the faid province of QutbQC, and
the province _ ^^^ powers and authorities given to the governor and other civil offi-
cers of the faid province, by the grants and commijjions iffuedin confe*
quence thereof, hav^ been founds upon experience, to be inapplicable
to the fate and circumfiances of the faid province, the inhabitants
whereof amounted, at the conquejl, to above fixty five thoufand per^
fons profejfng the religion of the church of Rome, and enjoying an
ejlablijhi'dform of conJUfution andfyfiem of laws ^ by ivhich their per-

Hosted by LjOOgle ^

Fortner provi-

£o be null and
vo'd after
May I, 1775-

1774-1 Anno declmo quarto Georgii III. c. 83; s^r .

fens and property had been prote^ed^ governed^ and ordered^ for a
longferies of year s^ from the firji eJiahWfhment of the faid province
^/Canada ; be it therefore further enaded by the authority afore-
laid, That the faid proclamation, fo tar as the fame relates to
the faid province of ^ebec^ and the commiflion under the au-
thority whereof the government of the faid province is at pre-
fent adminiftered, and all and every the ordinance and ordinances
made by the governor and council of ^ehec for the time being,
relative to the civil government and adminiftration of juftice in the
faid province, and all commifTions to judges and other officers
thereof, be, and the fame are hereby revoked, annulled, and
made void, from and after the firft day of May^ one thoufand
feven hundred and feventy-five.

.V. And^for the more perfe5l fecurity and eafe of the minds of the Inhabitants of
inhabitants of the faid province^ it is hereby declared. That his Quebec may
Majefty's fubjeds, profeffing the religion of the church of Rome ^onfifti rdi^
of and in the faid province o( ^ebec^ may have, hold, and en- gjon, fubje6l
joy, the free exercife of the religion of the church of Rome^ fub- to the King's
je6t to the King's fupremacy, declared and eftabli(hed by an a6t, f^P^^c?^^^Jf- ^\
made in the firft year of the reign of Queen Elizabeth^ over all ^ ^ ' ^^^**
the dominions and countries which then did, or thereafter (hould
belong, to the imperial crown of this realm ; and that the clergy and the clergy
of the faid church may hold, receive, and enjoy, their accuftom- enjoy their ac-
ed dues and rights, with refped to fuch perfons only as (hall cui^^meddues.
profefs the faid religion.

VI. Provided neverthelefs, That it (hall be lawful for his Ma- Provifion may
jefty, his heirs or fucceiTors, to make fuch provifion out of the hfs ^lajeftJ
reft of the faid accuftomed dues and rights, for the encourage- for thefupport
ment of the proteftant religion, and for the maintenance and oftbeprotef-
fupport of a proteftant clergy within the faid province, as he or tant clergy,
th^y fh.all, from time to time, think neceffary and expedient.

VII. Provided always, and be it enadled. That no perfon, N<^ perfon
profe(rmg the religion of the church of Rome^ and refiding in the d^q '^j^"^ \^^
faid province, (hall be obliged to take the oath required by the gioI^obl[ged
faid ftatute pafTed in the firft year of the reign of Queen Eliza- to take the
beth^ or any other oaths fubftituted by any other a6t in the place oath of i Eliz.;
thereof; but that every fuch perfon who, by the faid ftatute is but to take,
required to take the oath therein mentioned, fhall be obliged, ^^^^^ ^^ S^^
and is hereby required, to take and fubfcribe the following oath folbwni^oatlT,
before the governor, or fuch other perfon in fuch court of re-
cord as his Majefty ftiall appoint, who are hereby authorifed to
adminifter the fame s videlicet.

IA. B. do fmcerely promife and fwear^ Tloat I will be faithful^ Theoatha
■and bear true allegiance to his- majefly King George, and him will
defend to the utmojl of my power ^ agamjl alltraiterous confpiracies^ and
attempts whatfoever^ which Jhall be made againji his perfon ^ crown^
and dignity ; and I will do my utmoft endeavour to difclofe and maks
known to his majejly^ his heirs and fucceffors^ all treafons^ and trai^
terous confpiracies^ and attempts^ which 1 jhall know to be againji him^
^r any of them i mdallt^isldofwear without any equivocation^ men-

O o 3 ial

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Google

^5- Anno declmo quarto GeoRGii III. c. ^: [1774."

^al evafton^ or fecret rejervation^and remunclng all pardons and dif^
-pcnfaiiom from any powsr or perfon whomfoever to the contrary.

So help me GOD,

Pfirfons refuf- And every fuch. perfon, who fl-iall ne^ka or refafe to take the'
be^ub\a\V^ faid oath before mentioned, (hall incur and be liable to the fame
the penalties P^J^^^^ies, forfeitures, difabilities, and incapacities, as he would
\i^j aa I Eliz. ^"lave incurred and been Hable to for negledting or refufing to take
the oath required by the faid ftatute paffed in the firft year of the
reign of Queen ^'fe^to^.
Bis Maiefty's VIIL And be it further enaded by the authority aforefaid,
^^c?-^-^'^r\[^^'' "^^^^^ ^^^^ Majefty's Canadian fubjeds, within the province.of ^e-^
^^^itxl^f^^^^ ^^'^'' ^he religious orders and communities only excepted, may
cepted) may ^^^"^ ^"^^'d and enjoy their property and pofTefflons, together with
hold all their all cufioms and ufages relative thereto, and all other their civil
pofltnioRs,^x. rights, in as large, ample, and beneficial manner, asif the faid
proclamation, commidions^ ordinances, and other adis and in-
flruments, had not been made, and as may confift with their
allegiance to his Majefty, and fubjedion to the crown and par-
:and ill matters hament of Great Brkain ; and that iri all matters of controverfy,
olcontrovtrf5s j-gj^jj^g to property , and civil rights, refort fhall be had to the
to r^he laws of ^^""^^ ^^ Canada^ as the rule for the decifion of the fame ; and all
Canada for the csufes that fhall hereafter be inftituted in any of the courts of
^ikcihon. juftice, to be appointed within and for the faid province, by his

Majefiy, his heirs and fuccefTors, (hall, with refpecl to fuch' pro-
perty and rights, be determined agreeably to the faid laws and
cudoms of Canada^ until they (hall be varied or altered by any
ordinances that fhall, from time to time, be pafled in the faid
province by the governor, lieutenant governor, or commander
in chief, for the time being, by and vv'ith the advice and con-
confent of the legiflative council of the fame, to beappointed
in iiianner herein-after mentioned.
Kot to e-^rend IX. Provided alv.ays, That nothirig in this a(5l contained
to Sands grant- ^^-^W extend, or be conftriied to extend, to any lands that have
''eit^^in^com^- been, granted by his MajeRy, or ihall hereafter be g,ranted by his
pion foccage. Majeliy, his heirs and fucceilors, to be holden in free and com-
mon foccage. ,
Owners of X. Provided alfo. That it fiiall and niay be lawful to and for

goods may every perfon that is owner of any lands, goods, or credits, in
f-^?re'^b^ wH' ^^'^ ^"^'^ province, and that has a right to alienate the faid. lands,
UqI ' goods, or credits, in his or her life-time, by deed of fale, gift,

or otherwife, to devife or bequeath the fame at his or her death,
by his or her lafl will and teAament 5 any law, ufage, orculrom,
heretofore or now prevailing in the province, to the contrary
^''evec-i'ced ac- hereof in any-wife notvs/ithftanding; fnch will being executedg;
tuAimg TO tne ^j^^ej. accordincfto the laws of Canada^ or according; to the forms
y,r,^c^2.. ' prefcribed by the laws of England,

r> - ' ^ i XI. yhid ivhereas the certainty and lenity of the criminal laiD of

of Encrlard to x-ngland, and tne benefit', and advantages rejuiting Jrom the nje'^of
ht cQatifiusd i/5 have kecnferifibly-feitby the Inhabitants >, Jroiji an experience of mo>re ■

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: a

1774.] Anno decimo quarto Ge:orgii III. C. 8 j» 553

ihan nine years ^ daring which it has been uniformly adminijlcreh ^^'^^-^^ ^^'^^
it therefore further enadcd by the authority aforcfaid, That
the fame fhall continue to be adminiftered, and fhall be ob-
ferved as law in the province of ^ehec^ as well in the x
defcriptlon and quality of the offence as in the method of
profecution and trial 5 and the puniQiments and forfeitures
thereby inflid^d to the exclufion of every other rule of cri-
minal iav/, or mode of proceeding thereon, which did or might
prevail in the faid province before the year of our Lord on«
thoufand feven hundred and fixty-four ; any thing in this adl to
the contrary thereof in any refpea notwithftanding ; fubje6l ne-
verthelefs to fuch alterations and amendments as the governor,
lieutenant-governor, or commander in chief for the time being,
by and with the advice and confent of the legiflative council of
the faid province, hereafter to be appointed, (hall, from time
to time, caufe to be made therein, in manner herein-after di-
rec5lcd.

XIL And vjhereas it may he necejjary to ordain many reguhtions His MajeiTy-
for the future welfare and good government of the province ^/Que- may appoint j
bee, the occafons of which cannot now be forefeen^ nor^ zvithout much ^'^^~lfl^\^^
delay and inconvenience ^^ he provided for ^ zvithout^ intru fling that au- L^^^cej ^
thority^ for a certain tlme^ and under proper refri5lions^ to perfons re-
ftdent there : andwhereas it is at pre/ent inexpedient to call an affem- J/ ^ 3 (^3/
hlj ; be it therefore enabled by the authority aforefaid. That it / ^

fhall and may be lawful for his Majefty, his heirs and fuccefibrs, / Z~

by warrant under his or their fignet or fign manual, and with X

the advice of the privy council, to conftitute and appoint a
council for the affairs of the province of ^ebec^ to confift of
fuch perfons refident there, not exceeding twenty-three, nor M^,
than feventeen, as his Majefly, his heirs and fucceffors, fi^all be
pleafed to appoint ; and, upon the death, removal, or abfence which couw-
of any of the members of the faid council, in like manner to cd may make
conftitute and appoint fuch and fo many other perfon or perfons ^'^^"conTJnt
as (hall be neceffary to fupply the vacancy or vacancies; which ofthegover^
council, fo appointed and nominated, or the major part there- nor,
of, (hall have power and authority to make ordinances for the
peace, welfare, and good government, of the faid province, with
the confent of his Majefty's governor, or, in his abfence, of the
lieutenant-governor, ot commander in chief for the time being.

XIII, Provided always. That nothing in this a6l contained The councH
{hall extend to authorife or impower the faid legiflative council are not im-
to lay any taxes or duties within the faid province, fuch rates f^y^^'^Y^^^^^^^
snd taxes only excepted as the inhabitants of any town or di-

ftric^ within the faid province ipsy be authorifed by the faid coun-
cil to aifefs, levy, and apply, within the faid town or diftrid, for
the' purpofe of making roads, ereding and repairing public Publi® roadg
buildings, or for any other purpofe refpeding the local conve- or buildings
nience and oeconomy of fuch town or diftrid. excepted.

XIV. Provided alfo, and be it enaded by the authority afore- Ordinances
faid, That every ordinance fo to be made, fhall, within fix made to be
months, be tranfmitted by the governor, or, in his abfence, by ^f^^.^^^^'.^ l^i»
the lieutenant-governor, or commander in chief for the time his^LprX,

Q 0 4 bcijig^tiga,

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SS'^

Ordinance?
touching reli-
gion not to be
m force with-
out his Ma-
lefty's appro-
batioi).

When ordi-
nances are to
be pafled by a
Kaajority.

Nothing to
hinder hi§
iVlajtfty to
conftitute
courts of cri-
minal, civil,
and ecclefia-
ftical jarifdic-
tjon.

All 3.6t$ for-
merly made
are hereby in.
forced within
the province.

Freamblc.

4nno decimo quarto Georgii III. c. 84. [i 5^74.

bdng, and laid before his Majefty for his royal approbation;
and if his Majefty (hall think fit to difallow thereof, the fame
flialj ceafe and be void from the time that his Majefty's order
in council thereupon (hall be promulgated 2il ^ehc,

XV. Provided alfo, That no ordinance touching religion, or
by which any punilhment may be inflid^ed greater than line or
imp} ifonment for three months, Ihall be of any force or efFe6f,
until the fame (hall have received his Majefty's approbation.

Xyi. Provided alfo. That -no ordmance fliall be pafTed at any ^
meeting of the council where lefs than a majority of the whole
council is prefent, or at any time except between the firft day
of January and the (irft day of May^ unlefs upon fome urgent
occafion, in which cafe every member thereof refident at ^e^.
hec^ or within fifty miles thereof, (hall be perfonally fummoned
by the governor, or, in his abfence, by the lieutenant-govern-
or commander in chief for the time being, to attend the fame>

XVII. And be it further enaded by the authority aforefaid.
That nothing herein contained fliall extend, or be conftrued to
extend, to prevent or hinder his Majefty, his heirs and fuccef-
fors, by his or tlieir letters patent under the great feal of Great
Britain^ from ereding, conftituting, and appointing, fuch courts
of criminal, civil, and ecclefiaftical jurifdidfion within and for
the faid province oi ^ehec^ and appointing, from time to tirae^
the judges and officers thereof, as his Majefty, his heirs and
fuccefTors, fhall think neceffary and proper for the circumftances
of the faid province.

XVIIL Provided always, and it is hereby enaded. That no-
thing in this a6l contained fliall extend, or be conftrued to ex-
tend, to repeal or make void, within the faid province of ^e-
hec^ any a6f or ads of the parliament of Great Britain hereto-
fore made, for prohibiting, reftraining, or regulating, the trade
or commerce of his Majefty's colonies and plantations in Ame-
rica ; but that all and every the faid ails, and alfo qlj ads of par-
liament heretofore made concerning or refpeding the faid colo-
nies and plantations, fliall be, and are hereby declared to be,
' in force, within the faid province of ^ebe^^ and every part
thereqf.

CAP. LXXXIV,

Jn aP to prevent certain inconveniences that may happen by bills of
naturalization,

WH E R p A S it hath bap^ found that many perfonSy born qui
of the allegiance of the crown ^ Great Britain, obtain bilk
(if naturalization for the purpofe of availing themf elves in foreign
foiiiiiries of the immunities and indulgences belonging to his Majeftfs
trading fuhje5ls^ by tre(ities^ or otherwife \ and in order to apply t,he
faid imvnmities and indulgences to promote the trade of the country ta
'%vhich the perfons fo naturalized originally belonged^ and not with any
defign of fixing their refidence in Great Britain^ or of becoming life-
fulfubje^iS thereof : and wheaqs it is neither juji nor e^p^dient ta
' ' " ^ P^^'tni^

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1 774-] Anno decimo quarto Georgii III. C. 85. 555

permit fuch abufes of the true intent of naturalization ; may it there-
fore pleafe your Majefty that it may be enafled ; and be it enad-
ed by the King's moft excellent majefty, by and with the ad-
vice and confent of the lords fpirltual and tem^poral, and com-
mons, in this prefent parliament aflembled, and by the autho-
rity of the fame. That no perfon (hall hereafter be naturalized, Perfons how
pnlefs i,n the bill exhibited for that purpofe there (hall be a claufe to be naturali-
or provifo inferred to declare that fuch perfon (hall not thereby ^^^ tiereatter.
obtain, or become intitled to claim, within any foreign country,
any of the immunities or indulgences in trade which are or
may be enjoyed or claimed therein by natural-born BritiJJ) fub-
j?(5ls, by virtue of any treaty, or otherwife, unlefs fuch perfon
(hall have inhabited and refided within Great Britainy or the do-
minions thereunto belonging, for the fpace of feven years, fub-
fequent to the firft day of the feffion of parliament in which the
faid bill of naturalization (hall have pafTed, and (hall not have
been abfent out of the fame for a longer fpace than two months,
at any one timej, during the faid itv^n years; and that no bill
of naturaliitation (hall hereafter be received, in either houfe of
parliament, unlefs fuch clayfe qr provifo be firft inferted or
contained ther'ein.

C A P. LXXXV.

/Ln afl for granting, to his Majefty a certain fum of money out of the
iinking fund ; and for applying certain monies therein mentioned for
the fervice of the year one thoufand feven hundred and feventy-
fourj and for further appropriatmg the fupplies granted in this feilion
of parliament, for carrying to the aggregate fund a fum of money
which hath arifen by the two fevenths excife ; and for enabling the ba-
rons of the exchequer in Scotland to make out a certificate for the pay-
ment of the fum of five hundred pounds to lady Anne Mackenzie, out
of the balance remaining of the fum of feventy-two thoufand pounds,
granted for paying the creditors of the forfeited eftates in Scotland.

^ot exceeding ^,080,696]. 12 s. 8d. iq. granted out of the fund, for
the fervice of the current year } to be iflued by the treafury according-
ly. Treafury impowered to raile the faid fum, or any part thereof, by-
loans or exchequer l:)ills, on the credit of the fmking fund. All perfons
yi/ho fliall lend any money upon the credit of this a(Shave a tally of loan,
with orders for repayment of the money with intercft. Orders to be re-
giftered in courfe. No undue preference to be given in payment No fee
to be taken on forfeiture of treble damages, with full cofts. Penalty of
undue preference in point of regiftery or payment. Auditor, &c. negle^l-
ing his duty, liable for damages, &c, to be recovered at Weftminfter.
fJo undue preference in the regiftering, where orders are brought the
fame day i nor if fubfequent orders are paid before others not brought in
courfe, fo as money be referved for the preceding orders. Power of af-
iignment, and method of transferring of orders. If it fhall be judged
more advifeable, the treafury may raile the faid fum by exchequer bills,
inflead of loans ; the bills in fuch cafe to be made as thofe preicribed by
the malt a(5l of this fefhon. All advantages and penalties in the malt zdL
of this fellion, relating to loans or exchequer bills thereby kuthorifed to
be made forth, extended to this a^f. The faid exchequer bills, intereft, and
charges, are to be paid out of the fmking fund. Bank authorifed to lend
to his Majefty the fum of 1,080,696!. izs. 8d. iq. nocwithftauding a<5t
5 & 6 Gtil. & Mar. The fum of 113,190!. 11 s. 7 d. i q. furplus of the
fmking fund in the exchequer on 5 Jan. 1774; 6195303!. 7s. 3d. 3 q,
remaining in the exchequer t)n April, 1774; and 125,981!. 7d. 5d. re-
inaining in the exchequer fof 1773 j and fuch monies as fliall be paid i^^o
^ the

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§5^ Anno decimo quarto GeoRCii III. C 8.5. [1774 ^

the exchequer between April 5, ,774, and April 5, 177,, of the produce
of the dunes on Gum Senega and Gum Arabic' 20 237 1, cs , d re-
niaming in the exchequer of the datks on rice exported, and on apples
imponed, cambncks and Iqgars, granted by 6 Geo. 3, and out of imprelt

the ceded illands, our of the monies to be paid into the exchequer on
April 5 1775. Appropriation of the fupphes. The monies arifing by the
maJt tax, land tax, loans 5 lottery; and 113,1901. 11 &. 7 d j q . re
ir.aining in tne exchequer on Jan. 5, 17745 and 619,303!. 7s. 3d. 50.
remaming in the exchequer on April 5, 1774, for the difpofition of par-
liament j and 126,9811. 7s. 5d. now remaining of the grants for 1773 •
and fuch monies as fliali be paid into the exchequer after April c 177V
of the produce of the duties on Gum Senega, and Gum Arabic j and
20,2371. 5s. 3d. of the monies on rice exported, and duties on apples
imported, and on cambricks and fugars, by aft 6 Geo. 3. &c. and
16,5001. 4d. of balance in the bands of the deputy treafurer of Chelfea
Kofpitalj and 30,561!. 9 s, 3d. paid into the exchequer by the receivers,
general in England and Wales, that have not raifed the militia; and
2,080,696!. 12s. 8d. iq. by this ad granted, out of the excelTes, Sec,
compofing the fmking fund ; together with the money arifing irom the
ifaleof French prizes taken before the declaration of war j and alfo fuch
fums of money as his Majefty {liall direft to be applied to the public fer-
vice, which (hall arife by the fale of tlie ceded iflands in the Weft Indies.
Not exceeding 1,904,917!. 4s. 3d. to be iffued out of the iupplies tx)-
V'ards naval fervices. 200,000!. towards paying off the debt of the navy.
Not exceeding 244,699!. 175. 56, charges of the office of ordnance j
26,4^5!. 2d. for charges of the office of ordnance not provided for in
j;7/3i 1,534,720!. 143, Sd, and i-gth of a pemiy, towards the land
forces j of which 638,630!. 16 s. 10 d. for defraying the charges of i8,o2<j,
efFc<5tive men, &c. and 1 521 invalids, for guards, &c. in Great Britain, &c.
360,062!. 13 s. 4d. and 1 gth of a penny, for forces and garrifons in
Africa, &c. Not exceeding 46*7!. 3d. to make good the djfference of '
pay between -the BritiQi and Irifh eftabliffiment of the troops in the Tfle of
Man, &c.; 11,4731. i8s. 6d. 2q. for general and general ftaff officers in
Great Britain j 107,525!. 19 s. ad. to the reduced officers of the land
forces and marines ; loiol. 2 s. id. to the troops of horfe guards reduc-
ed, &c. 628 1, to the penfions of officers widows; 122,731 L 5s. to the
out penfioners of Chelfea Hofpital. Not exceeding 288,030!.. 19 s. 5d, 2q.
towards extraordinary expences of the land forces, and other fervices in-
curred, and not provided for. 1,000,000 1. for difcharging exchequer
bills of lail feffion. 20,100 1. to make good to his Majefty the like ium
ilTued in purfuanceof the addrefles of the houfe of commons. 4346 1. 10s.
^d. for fupporting the civil eltabiiffiment of Nova Scotia ; 3086 1. for the
civil efiabliffiment of Georgia j not exceeding 4950 L for the civil etia-
blilhment of Eaft Florida ; 4850 1, for the civil eftabiiffiment of VJeil Flo-
rida; 2085 1. 4s. for defraying expences attending furveys in North Ame^
rica. J 3, cool, for repairing and maintaining the forts in Africa; 6336 I^
9d. 2 q. for fupporting the civil eftablifhment of Senegambia. Not ex^
ceedmg aoool. to the truftees of the Britiffi Mufeurri, &c, 6998I. 18s,
yd. on account of the expence of new roads, &c. in the Highlands of
Scotland in 1774' 250,000!. for defraying the deficiency of the gold
coin, &c. 2500 1. to Mr. Hartley; for enabling him in the charge of his dyf-
covery to fecure buildings, &c. from fire. 880,000 1. granted to his Ma-
jelty, to be payable to perfons who have fubfcribed their capital of 3 p^r
i-ent. kc. Not exceeding 43,645!. las. 8 d. to the finking fund to make
good the deficiency on July 5, 1773. The faid aid to be applied only t6
the ufes before mentioned. Rules to be obferved in the application of the
lialf pay. By ad 13 Geo. 3. a fum not exceeding 111,1271.58. lod.
was appropriated to be paid to the reduced officers. Overplus monies,
above fatisfying iald oiEcers> to be difpofed of to officers who were maim-
ed, ScCt in the Ute wars, or to ofiiceri widows and children* a»his Ma-

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t774»] Anno decimo quarto Georgii III. C. 86. 557

jefty flialldirefl. 23,^37!. us. lod. gq. remaining in the exchequer oA
April 5, 1774, to be made part of The Aggregate fund. By aft 10 Geo. 3.
72>ooo 1. was granted for difcharging debts on the forfeited eftate of the
late earl of Cromarty, &c. Gut of the faid fum of 71,000!. barons of the
icxchequcr in Scotland, to make out a debenture to his Majefty's receiver
general of land rents there, for payment of 500 1. to lady Anne Macken-.
zie J which debenture to be a fuiScient difcharge,

CAP. LXXXVI.

An a5} to continue feveral laws therein mmtioned^ delating to the
allowing a drawback of the duties upon the exportation of copper
bars imported'^ to the clandeftine running of uncuflomed goods^ and
preventing frauds relating to the cufio77is ; to the encouragement of
the filk manufa^ures^ and for taking of^ feveral duties on rner-^
chandife exported^ and reducing other duties \ to prevent the clan"
deftine running of goods, and the danger of infe5lion thereby 5 t^
the premiums upon mafls, yards, and bowfprits, tar, pitch, and
titrpentine ; to the encouragi?2g the groivth of coffee in his Ma-
Jeffs plantations in America ; to the free importation of cochineal
and indico ; to the prohibiting the importation of books reprinted
abroad, and firfl compofed^ zvritten, and printed in Great Britain;
to the bounty on the exportation of Bntx^h-made cordage ; to the
free importation of certain raw hides and fkim from Ireland, and
the Britifh plantations in America; to the regulating the fees of
officers of the cuftoms, and naval officers in America ; to the pre-
venting the fpreadiitg tf the contagious dif order among the horned
tattle in Great Britain; and to extend the provifions of an a^ of
the twelfth year of the reign of King George the Firfl, for the
improvemejit of his Majeffs revenues of cuftoms, excife, and inland
duties, fo far as relates to the commencing profecutions for penalties
againfl the revenue of cujioms to fubfequent a^s*

WHEREAS the laws herein-aftermefitioned, which have by ex- Preamble-
perience be en found ufeful and belief cial, are near expiring ; m a y
it therefore pleafe your Majefty that it may be enaded ; and be it
•enadled by the King's mod excellent majelly^ by and with the
advice and confent of the lords fpiritual and temporal and com-
mons, in this prefent parliament aflembled, and by the autho-
rity of the fame. That a claufe in an a6t, made in the ninth CI aufe in aa:
and tenth years of the reign of his late majefty King IVilliam 9& jo Gul. >
the Third, intituled, Jn jah to fettle the trade to Africa, for al- ^/^^"^^"^.^
lowing, during a limited time, a drawback of the duties upon the ex- [^e ^exporat*i^
portation of copper bars imported, and v,'hich claufe was to conti- tion ot copper
nue in force for the term of thirteen years, and from thence to bars imporbedy
the end of the then next feffion of parliament ; and which claufe, revived by is
after the expiration thereof, was, by an acl, made in the twelfth Ann^, refpec-
year of the reign of her late majefly Queen Anne, revived, and ^'"S bars im-
continued; and alfo a provifointhe laft-mentioned a6l contain- ['i^eEaft Indies
ed, that no drawback Ihould be allowed on the exportation of andBarbary
any copper, but fuch as bad been, or (hould be, imported from on^}'>
the Eafi Indies, and the zo2.^oi Bar bar y only ; and which faid claufe and continued
^w^ provifo. by feveral fubfequent ac^s of the tiiirteeath year of the ^v ^'^- ^s Geo.

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55^ Anno decimo quarto Georgii III. c. 85. [1774^

Geo. 2. and 6 reign of his late Majefty King George the Firft, and of the fif-
Umcz^* \^^^ teenth, twenty-fixth, and thirty-fecond years of the reign of
n 24., 1774. j^.^ j^^^ majefty King George the Second, and of the fixth year
of the reign of his prefent Majefty, were continued until the
twenty-fourthi day of Jme, one thoufand feven hundred gnd fe-
venty-four, and from thence to the end of the then next feflioa
further con- of parliament, fliall be, and the fame are hereby further con-
tinued until tinued, from the expiration thereof, until the twenty-fourth day
June 24., 17 I* ^^ June^ one thoufand feven hundred and eighty-one, and from

thence to the end of the then next feflion of parliament.
ClauCes In aft H. And be it further ena^ed by the authority aforefaid. That
5 Geo. f. re- ^^^^ feveral claufes in an ad, made in the fifth year of the reign
j-e^gjf goods' of his majefty King George the Firft, intituled, Jn aSf againfl
taken at lea, clandefiine running of uncuflomed goods ; and for the more effe^ual
Sec, preventing of frauds relating to the cuftoms ; relating to fuch foreign

goods, wares, and merchandifes, as fhall be taken in at fea, out
of any ftiip or veffel, in order to be landed or put into any other
fhip or veffel, or boat y and alfo relating to goods not reported
and found after clearing fliips, and whereby further remedies are
provided againft relanding goods prohibited to be worn in this
kingdom, and foreign goods ftiipped out for pans beyond the
feas; and alfo relating to the opening or altering the package of
goods on board ftiips outward bound ; and alfo relating to ho-
vering (hips or veffels of the burthen of fifty tons, or under;
and alfo concerning the bales or package in which cotfee fhall
be exported ; and alfo relating to rum imported in calks or vef-
fels not containing twenty gallons at the leaft; and alfo relating
to certificate goods entered in order to be exported to Irelandj
which were to have continuance for the term of three years from
the feveral times of the commencement thereof, and fi-om thence
the end of the then next feffion of parliament refpe6tively ; and
and by a^ 9 which, by feveral fubfequent acls, paiTed in the ninth year of
Geo. I. 2,5?, his faid Majefty's reign, and in the fecond, eight, fifteenth, fix-
15, 16, 20, 27, teenth, twentieth, twenty-feventh, and thirty-third years of the
& 33 Geo, 2. reign of his late majefty King George the Second ; and of the
conHn'ued un- feventh year of the reign of his prefent Majefty, were further
til Sept. 29, continued, from the expiration thereof, until the twenty-ninth
3774. dzy of September^ one thoufand feven hundred and feventy-four^

and from thence to the end of the then next feftion of parlia-
farther con- ment, ftiall be, and the fame is hereby further continued, from
tinued till jj^g expiration thereof, to the twenty- ninth day of September ^
Sepr.29, 1781. Qj^ ^^Q^f^j^^ feven hundred and eighty-one, and from thence

to the end of the then next feffion of parliament.

AasGeo I m* And be it further enabled by the authority aforefaid,

relating to'the That fo much of an a6t, made in the eighth year of the reign of

encourage- his late majefty King George the Firft, for the encouragement of

ment ofTiIk ^j^/fik manufaSfures of this kingdom ; and for taking off feveral du-

manufactures, ^^.^^ ^^ merchandifes exported i and for reducing the duties upon beaver

Jkins^ pepper^ mace^ cloves^ and nutmegs imported ; and for im^

portation of all furs of the produce of the Britifti plantations into this

kingdom only \ and that the two cor voi' fit tans ot aflurames in anyfuits

brought

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I774-] Anno declmo quarto GeoRGII III. C. 86, $59

brought on their polices Jhall he liable only to fingle damages and cojls

vffuity as relates to the encouragement of the filk manufa6tures

of this kingdom ; and to the talcing off feveral duties on mer-

chandifes exported, which was to continue in force for three

years, from the twenty-fifth day oi March, one thoufand kvQa

hundred and twenty-tVo, and from thence to the end of the

then next feflion of parliament; and which by feveral fubfe- and by aa n

quent ads, made in the eleventh year of the reign of his late Geo. i. 2, s,

majefty King George the Firft, and in the fccond, eighth, fif- \{'qI'^^1[ ^

teenth, twentieth, twenty-fixth, and thirty-fecond years of the 5 Geo. V*

reign of his late majefty King George the Second, and of the continued till

fixth year of the reign of his prefent Majefty, hath been conti- June 24., 1774.

nued until the twenty-fourth day oijune^ one thoufand {^vtxi

hundred and feventy-four, and from thence to the end of the

then next feflion of parliament, ftiall be, and the fame is hereby

further continued from the expiration thereof until the twenty- further con.

fourth day of June^ one thoufand feven hundred and eighty- tmued till^

one, and from thence to the end of the then next feflion of par- ^""^ ^^» '^xi*

liament.

IV. And be it further enaded by the authority aforefaid, Aa 8 Geo. i.
That an ac^, made in the eighth year of the reign of his late '^^^^^^'^^'^^l
majefty King George the Firft, intituled. An a^ to prevent the aas^o p"re-
chndepne running of goods ^ and the danger of infection thereby ; and vent clandef-
to prevent /hips breaking their quarantine', and to fuhje5l copper ore^ tine running
of the production of the Britifh plantations^ to fuch regulations as of goods, &c.
other enumerated commodities of the like produ^ion are fuhje^^ which
was to be in force for two years from the twenty-fifth day of
March^ one thoufand feven hundred and twenty-two, and from
thence to the end of the then next feflion of parliament ; and
which by feveral fubfequent adls (except the claufes obliging all (Exception.)
fhips and veflfels to perform quarantine,) was to have further
continuance to the firft day of June^ one thoufand feven hun-
dred and forty-feven, and from thence to the end of the then
next feflion of parliament ; and which, by an a6l, made in the and by aft
twentieth year of the reign of hi^ late majefty King George the *o Geo. 2, ^
Second, was intended to be further continued to the firft day of ^°"^^""^d till
June^ one thoufand i^^txx hundred and fifty-four, but by miftake, •'""^ '* ^T^^*
the year one thoufand feven hundred and forty-feven was infert-
€d therein, inftead of the faid year one thoufand feven hundred
and fifty-four; and which, by feveral fubfequent adts, made in and by fubfe-
the twenty-firft, twenty-feventh, and thirty-third years of the ^"^^^^ ^^s of
reign of his faid late Majefty, and of the feventh year of the Geo^'^a. and
reign of his prefent Majefty, was further continued, from the 7 Geo/3..
expiration thereof, until the twenty-ninth Azy q( September, one continued till
thoufand ^QWQn hundred and feventy-four, and from thence to ^^P^- *9jI774->
the end of the then next feflion of parliament, fliall be, and the
fame is hereby further continued, from the expiration thereof, further con-
until the twenty-ninth day of September^ one thoufand feven tinued till
hundred and eighty-one, and from thence to the end of the then ^^^' *5* '7^1?
next feflion of parliament.

V, And zvhereai by the faid lafi-re cited aS^y ?nade in the eighth year

' of

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5^o Anno dedmo quarto GeoRGTi IIL c. 26. [i 774;

AasGeo. I. cf the reign of his late tmjejiy King George the Firji, reciting-,
fpeS'the r^'^'f '^^^reas Several perfons, guilty of the cknidejline running of
running of ^^^^4v? or other cupmable or prohibited goods, or of receiving fuch
prohibiied goods, hiowmg the fame to have been fo run, do fr-equenth remove
goods. from their ufual places of abode into fome other country, and are there

called by other than their true names, to avoid their being profecuted
with effe5i for fuch their notorious offences \ it is therefore, amongjl
other things, enabled by the faid recited a5i. That if any perfon or per-
fons Jhall he guilty of any offence or offences, contrary to the true intent
and meaning of that or any other a6l of parliament made for the pre-
vsnt'mg clandeffine running of brandy, or other cujlomable or prohibi-
ied goods, or of receiving fuch goods into his or their houfe-, /Jjop, or
warehouf, cujhdy, or pojfeffion, knowing^ the fame to be fo run-, fuch
perfon and per fons Jhall and may be profecuted for any of the offences
er matters aforefaid, by action, bill, plaint, or information, and there-
upon a Capias, in the firff procefs, fpecifying the fum of the penalty
fued for, /hall and m.ay iffue\ and fuch perfon or perfons Jhall be
cbJiged to give fuff.cient bail or fecunty, by naiural-born fubje^s or
denizens, to the perfon or perfons to zvhom fuch Capias Jlmll be dire^^
ed, to appear in the court out of winch fuch Q?i]^\2iS Jlmll iffue, at the
day of return of fuch writ, to anfzuer fuch fuit and profecution \ and
Jhall like-wife, at the time of fuch appearing, give fufficient bail or fe-
curity by fuch perfons as aforefaid, in the faid court, to anfruer and
pay all the forfeitures and penalties incurred for fuch offence or offences^
in cafe he or they foall be convi^ed thereof, qr to yield his or their body
or bodies to prifon : " and whereas it is expedient, that the provijion
herein-before mentioned JJmild extend to offences committed againfi any
a^ of parliament for preventing frauds in his Majeflfs revetiue of
cufloms, tuhich hath been or may be made after the pafrng of ihe faid
in part recited atl-, be it therefore ena6led by the authority afore-
A Capias tohe faid. That from and after the pafiing of this ad, a Capias, in the
jlTued againfi firft procefs, requiring bail and fecurity, in the manner dire6led
fe^cut "d fo7of- ^y the faid recited ad, (hall and may iffue, in like manner,
fences corn- 'againfi any perfon or perfons. profecuted for any offence com-
mittecf againfi: mitted contrary to the true intent and meaning of any a6l or
tlie n6t, acts of parliament now made, or hereafter to be made, for pre-

venting the clandeftine importing, running, or exporting, or re-
landing, any cullomablc or prohibited goods wbatfoever, or for
receiving fuch goods into his or their houfe, (hop, or ware-
houfe, cuftody, or poffeffion, knowing the fame to be fo prohi-
bited, run, or relanded ; any cuftom or ufage to the contrary
notwithftanding.

VL And be it further ena<51ed by the authority aforefaid^
That fo much of an 261, made in trie fecond year of the reiga
of his late majeily King George the Second, for the better pre-
fervation of his Majefty's v^oods in America-, and for the en-
America, ^'c. couragement of the importation of naval ftores from thence ^
and to encourage the importation of mafls, yards, and boVr''-
fprits, from that part oi Great Britain called Scotland^, as relates
to the premiums upon mafcs, yards, and bowfprits, ^:ar, pitchy
and turpentine, which was to continue in force from the twenty-
ninth

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Adi a Geo. 2
for the pre-
fervation of
bis Majefty's
woods in

1774-] Anno decimo quarto Georgii IIL c.85- 561

ninth day of September^ one thoufand (evQa hundred and twenty-
nine, for the term of thirteen years, and to the end of the then
next feffion of parHament; and which, by feveral fubfequent and by a^s
afts, made in the thirteenth and twenty-fourth years of his faid ^h^^r ^5> ^^
late Majefty's reign, was further continued uBtil the twenty- f 0^0%" w^s
fifth day of D-ecember^ one thoufand k'^^n hundred and iifty-one, amended and
and from thence to the end of the then next feffion of parha- continued till
ment; and which, by another ad, made in the twenty-fifth J^ne a^, 1774.,
year of the reign o'i his faid late Majefty, was amended and fur-
ther continued until the twenty-fifth day of Marchy one thou-
fand feven hundred and fifty-eight; and which, by another act,
made in the thirty-fecond year of the reign of his faid late Ma-
jefty, was farther continued until the twenty-founh day of June^
one thoufand feven hundred and fixty-fix, and from thence 10
the end of the then next k^xan of parliament; and which, by
another a6l, made in the fixth year of the reign of his prefenE
Majefty, was further continued until the twenty-fourth day of
June^ one thoufand feven hundred and feventy-foiir, and from
thence to the end of the then next feftion of parliament ; fl-iall ti> be farther
be, and the fame is hereby further continued, frooi the expira- continued till
tion thereof, until the twenty-fourth day of Ju7ie^ one thoufand '781.
feven hundred and eighty-one, and from thence to the end of
the then next felnon of parliament.

VII. And be it further enaded by the authority aforefaid, Aa:'5 Geo. a.
That an acl, made in the fifth year of the reign of his late ma- for encourage
jefty King George the Second, for encouraging the growth of ^^^S the
coffee in his Majefty's plantations in America^ which was to con- f^^p^^ ^
tinue in force from the twenty-fifth day of March^ one thoufand *
{tM^i^ hundred and thirty-five, until the twenty-fifth day of

March^ one thoufand feven hundred and thirty-nine, and from
thence 10 the end of the then next feffion of parliament ; and and by afla
which, by feveral fubfequent adts, made in the eleventh, nine- ^s 19)^ ^5*^
teenth, twenty-fifth, and thirty-fecond years of his faid late ^%^^^' **
Majefty's reign, and of the fixth year of the reign of his prefent continued till
Majefty, was further continued, from the expiration thereof, June 24, 1774^
until the twenty- fourth day of ^une^ one thoufand kvtw hun-
' drcd and feventy-four, and from thence to the tx\A of the then
next feffion of parliament, except fuch part thereof as relates to (Exception. J
the importation and 'exportation of foreign coff'ee into and from
the 5nV//y?> colonies and plantations in America^ (hall be, and the
fame is hereby further continued from the expiration thereof, further con*
until the twenty-fourth day o^ June^ one thoufand ks^tn hun- tinued till
dred and eighty-one, and from thence to the end of the then J^^^ ^^*^7St*
next feffion of parliament.

VIII. And be it further ena6led by the authority aforefaid, a.^: 7 Geo. 2,
That an a6l, made in the feventh year of the roign of his late tor the fVee
Majefty, intituldd, An ac^ for the revival of an a5i^ made in /Z?,^ i'^portation
thirteenth year of the reign of his late majefty King George the Firft^ of^cochmeal^
intituled^ An ad for the free importation of cochineal during the

time therein limited ; and a fo for the free importation of indico \
which was to continue in force from the twenty-fourth day of

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562 Anno decimo quarto Georgii III. c. S6. [1774.

Jufie^ one thoufand feven hundred and thirty-four, for the term

of kwen years, and from thence to the end of the then next {q{^

and by 14., 20, fion of parliament ; and which, by feveral fubfequent ads, paiT-

a;, & 33 Geo. ed in the fourteenth, twentieth, twenty-feventh, and thirty-third

^^aLondnued y^^'' ^^ ^'^^/^'^^ ^^^^ Majefty's reign, and of the feventh year of

till Sept, 29, ^^^ ^"^^g^ o^ his prefent Majefty, was further continued, from

1774.. the expiration thereof, until the twenty-ninth day of September^

one thoufand feven hundred and feventy-four, and from thence

to the end of the then next felTion of parliament, (hall be, and

further ©on- the fame is hereby further continued, from the expiration there-

tinued till of, to the twenty- ninth' day of September, one thoufand kvcn

feept. 29, 1781. hundred and eighty-one, and from thence to the end of the then

next feffjon of parliament.
Aa II Geo. 2. IX. And be it further cna6led by the authority aforefaid,
prohibiting That fo much of an ad, made in the twelfth year of the reign
tioVof^boo^ks ^.^ ^H ^^^^ Majefty, irttituled, Jn a^ for prohibiting the importa-
reprinted ^^^^^^^ ^/ ^^oks reprinted abroad, and firf: cornpcfed or written and print-

abroad, &c. ed in Great Britain ; and for repealing fo much of an aSf, made in
the eighth year of the reign of her late majejly ^ueen Anne, as im-
pGwers the limiting the prices of books ; which ~a6l' was to continue
in force from the twenty- ninth day of September, one thoufand
feven hundred and thirty-nine, for the fpace of feven years, and
from thence to the end of the then next feffion of parliament ;
and by 20, 27, and which, fo far as relates to the prohibiting the importation
& 33 Geo. 2. of books reprinted abroad, and firft compofed or written and
cominuedtill P^^"^^^ ^*^ Great Britain, by feveral fubfequent ads, made in the
Sept.29, J774. ^^^P^'^'^h^ twenty-feventh, and thirty-third years of his late
Majefly's reign, and of the feventh year of the reign of his pre-
fent Majefty, was further continued, from the expiration there-
of, until the twenty-ninth day oi September, one thoufand k^tn
hundred and feventy-four, and from thence to the end of the
then next feffion of parliament, fhall be, and the fame is hereby
further con- further continued, from the expiration thereof, to the twenty-
tinned till ninth day of September, one thoufand feven hundred and eighty-
Sept. 29, 1781. ^j^g^ ^^^ ixom thence to the end of the then next feffion of par-
liament.
A61 6 Geo. 3. X. And be it further enaded by the authority aforefaid, That
for allowing gn a6t made in the fixth year of the reign of his prefent Majefty,
\^°""^^t^^ intituled, Jn a^ for allowing a bounty on the exportation ^/Britifh-
tion^oi Bri- '^^^^ cordage -, and for difcontinuing the drawbacks upon foreign rough
ti(h-made hemp exported^ which was to be in force from the firft day of
cordage, &c. "July, one thoufand feven hundred and faty^iix, for the term of
r. five years, and from thence to the end of the then next feffion
12 Geo.V of parliament i and which by another ad, made in the twelfth
v.'as amended year of the reign of his prefent Majefty, was amended and fur-
and conti- ther continued, for the term of three years, fhall be, and the
lined, fame is hereby further continued, from the expiration thereofj

tii'ued^for"" ^^^ ^^^ further term of three years, and from thence to the end
three years, of the then next feffion of parliament,

Aa Geo ^^' ^^^ ^^ ^^ further enabled by the authority aforefaid. That

iciaifng io\h€ io much of an ad^ made in the ninth year of the reign of his.

prefens

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1774*] Anno decimo qiuj-to GeoHgIi III. C, 80. 56^

f)Ttfent Majefly, as relates to the free importation of certain raw fr^e jmporra-
iides and fkins from Ireland, and the BritiJ/? plantations in //- ^^^J' of raw
merica^ which was to continue in force for five years, from the jiiebnd'Tc*
firfl: day of Ju^e^ one thotifand feven hundred and fixry-nine, "
and from thence to the end of the then next feffion of parlia-
ment, (hall be^ and the fame is hereby, continued^ from the ex- further con-
piration thereof, for the furthe-r term of five years, and from tiaued for five
thence to the end of the then next feffion of parliament. ytars.

XII. And be it further enaded by the authority aforefaid^ So much of
That fo much of two a6ls, made in the fifth and tenth years of twoad-s 5 &
the reign of his prefent MajeRy, as relates to the regulating the l.^i^.^^\'^ /^
fees of the officers of ihe cuftoms in Jmerica, and for extending of officer oT^
the fame to the naval officers there, which was to be in force the cufcoms
from the firft dzy of Juguji, one thoufand feveri hundred and in America,
feventy, for the term of two years, and from thence to the end

of the the'n next fedion of parliament; and which Vv-as, by an and which
S6t made in the twelfth year of his prefent Majefly further con- "^'^^ by 361 iz
tirlUed, from the expiration thereof, until the firfl day of J'ugi{/^^ t^nued *tnr"'
one thoufand feven hundred and feventy-four, and from thence ^^ , ^ i-^-a
to the end of the then next feflion of parliament, (hall be, and
the fame are hereby further continued, from the expiration further conti-
thereof, until, the firft day of Auguft, one thoufand feven hun- nued tiil
dred and feventy-eight, and from thence to theend of the then ^"S- ^» ^77^.
next feilion of parliament.

XIII. And be it further enaded by the authority aforefaid, AaioGeo 5.
That an acfl^ made in the tenth year of the reign of his prefent to prevent the
Majefiy, intituled, An q51 to prevent the further fpreading of the contagious
contagious diforder among the horned cattle in Great Britain, which nlo^ng the*
was to continue in force, from the commencement thereof, un- horned catde,
til the twenty-ninth day of September , one thoufand feven 'hun-
dred and feventy-one, and from thence to the end of the then

next feffion of parliament ; and which, by another a6f, made in and by aft
the twelfth year of the reign of his prefent Majefly, was further 12 Geo. 3.
continued, from the expiration thereof, until the twenty-ninth continued till
day of Sept ember y one thoufand feven hundred and feventy-four, ^^ ' ^9^1774-
and from thence to the end of the then next feffion of parlia-
ment, (hall be, and th« fame is hereby further continued, from farther conti-
the expiration thereof, until the twenty-ninth day of September^ nued till Sept.
one thoufand feven hundred and feventy-fix, and from thence "9» »776»
to the end of the then next fefTion of parliament.

XIV. And whereas by an a£l of parliament, made in the iivelfth a61 h Geo. i,
year of the reign of his late tnajejly King George the Fir ft, intituled, recited.

An a6l for the improvement of his Majefty's revenues of the
cuftoms, excife, and inland duties, reciting, That great quantities
of prohibited goods, and goods liable to the payment of cufloms, excife,,
or fait duty, are^ by evil-difpofed perfons fraudulently landed in this
kingdom^i and goods pretended to be /hipped outwards, intitled to a
draivback or bounty, are frequently not flipped, or after the /hipping
thereof relanded, whereby they become liable to fever al penalties -, but
knovoing themf elves fubje^ to he profecuted foK the fmd offences, and
that their fraudulent practices may in time 'be dif covered, do frequent-^
VojL. XXX, ■ Pp ly.

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5^4 Annodecimo quarto GeoRgii III. c.86. [1774.

/v, before any difcovery can be made by the officers of the revenues,
cauje informations to be entered and filed againfi themf elves in fome of
the courts at Weftminfter or Edinburgh, inHhe name of fome per ^
Jon or perfons in his, her, or their behaf-, and if no difcovery be made
oj the jaid fraudulent practices by the officers of the revenues, the laid
tnj or mat ions are never profecuted\ but in cafe the fid frauds are clif-
covered by any officer or officers of the revenues, who thereupon enter
and file real informations againjl fuch cffiender and offenders, then
either fome fecret agreement or agreements is or are made by fuch of^
fender or offenders zvith fuch perfon or perjons mho have filed or ex^-
hibitedjuch wf or mat ions on the behalf of fuch offender or offenders or
elf a plea or pleas of priority of fuit is 'or are pleaded in bar of fuch
real informations profecutcd by the officers of the revenues, ivherehy the
faid^ offenders evade the fever al penalties infimed by law to the great
prejudice of the crown, and alfo the difcouragement of real profecu-
ttons : for prevention ofivhich fraudulent praaices, it is by the Jaid
<ip endued. That it ffall not be laivful for any perfon or perjons what-
foever to enter, or caufe or procure to be entered, filed, ar prof cut ed, any
injormation or informations, in any of the Jaid courts, againft any perfon
sr perfons J for the recovery of any penalty or penalties infilled by any of
the laws of the cufioms, excije, and the duty upon fait', unlefs the fame
he entered, filed, and prof ecuted, in the name of his Majeffs atlornef
general, or in the nam.e or names of fome officer or officers of fome or
one of the aforefaid revenues of ciipms, excij}, or fait duty ; and if
any information or informations is or are entered in any other perfons
name or names than as is before mentioned, the fame, and all proceed-
ings thereupon had, are thereby declared to be null and void, and the
faid court or courts, where fuch information or informations is, are, or
fhall be fo entered, filed, or prof ecuted, fljall not permit or fuffer \ny
proceeding or proceedings to be had thereupon, andjhall cauJe Juch in-
formation or informations to be taken off the file : and whereas, f nee
the paffwg of the faid recited a^, various pecuniary penalties have been
infilled by feverala^s of parliament againjl perfons importing various
goods and commodities, which are prohibited to be imported into or
zuorn or ufed in this kingdom, and againfi perfons working up fuch
goods, or felling or expofing the fame to Jale, or for having fuch goods
in their houfes,Jhops, warehoujes, cuflody, or poffeffion,for thoje pur-
pofes, one moiety of which penalties are given by law to his fkajefly^
and the other moiety to any^ perfon who ivill fue and prof cute for the
fame : and whereas there is reafon to believe that feveral projecutions-
have been commenced for fuch penalties by com.mon informers, who
have, in conjequence thereof, extorted various funis of money from his
Mdjejlfsfubje^s, and flopped fuch profecutions without any legal au-
thority, or accounting to his Mojefiy for any part of the money fo re-^
ceived by them-, for preventing luch pradices in future/be ic
and after paf. therefore enaded by the authority aforefaidj Tlrat from and
fi.i^Tof this sfter the paffing of this ad, the faid herein^before in part reci't-
VomlSt %^ ^^' "^^^'^ ^" ^^^ ^^'^^^^^^ y^^^ of the reign of his late majefty
of penalties K^^g George the^Firft, (liall extend, and be deemed to extend,
for prohibited to the fuing for, profecuting, and recovering, of anv penalty or
goods, &c, penalties inflided by any adt or acls of parliament now made,

- - Of

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x)74»1 Anno declmo quarto Ge6RGII III. CiS/. 5%

or hereafter to be made, for preventing the importation, wear,
or ufe, of any pi^ohibited goods or commodities whatfoever in
this kingdom, where his Majefty, his heirs or fucceflbrs, is, are,
or may be intitled to any part or (hare of the penalty or penal-
ties thereby incurred ; any law^ cuftom^ or ufage^ to the con-r
traiy in any-wife notwithftanding.

CAP. LXXXVII.

An a6l to prevent the mi/chiefs that arife from driving cattle within '
the cities ^London and Weftminfter, and liberties thereof^ and
the bills of mortality, -

WHEREAS the improper and cruel manner in ivhich cattle Preamble.
are driven from Smithfield market^ within the city ^Lon-
don, through the Jireets of the faid city and liberties thereof^ the city
^ Wertminfter, and the bills of mortality^ has occafioned great mif-
chief and endangered the lives of many of his Maiejlfs liege fubjeds
iijhabiting therein ^ for preventing whereof for the future, may it
pleafe your moft excellent Majefty that it may be enaded ; and
be it enaded 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 adembled, and by the au-
thority of the fame, That from and after the pafTing of this ad^ Any perfons
if any perfon or perfons, who (hall be hired or employed to driving cai tie
drive any cattle within the faid cities of London or Weftminfter, w^.^^f^^^f ?
or the liberties thereof, or the bills or mortality, inall) bynegli* a^d being the
gcnce, or ill ufage, in the driving fuch cattle^ be the means that caufeof miT-
any mifchief (hDll be dane by fuch cattle, or by any one or more chief done by
of them, which fhall be committed to his, her, or their care; ^^^^ cattle j
er if any driver or drivers of cattle within the limits aforefaid,
£hall in any-wife mifbehave himfelf, herfelf, or themfelves, in
the drivings care, or management of any fuch cattle^ by the im-
proper driving, treating, or ufing of fuch cattle j then, and in conftahle? to
any of the faid cafes^ and fo often as any of them fhall happen, ^-^eure and
it fhall and, may be lawful to or for any eonftable, or other ofl^end^ers'^to
peace officer, upon view thereof, or information of any perfon fome jaiticej
or perfons, (who fhall declare, his her^ or their name or names*
and place or places of abode, to the faid eonftable^ or other
peace officer,) to feize and fecure, by the authority of this a6l$
and without any other warrant to convey fuch offender or of-
fenders before fome juftice of the peace of the faid cities of
London or Wefiminfter^ or within the bills of mortality, and the
party or parties accufed b^ing brought before fuch juflice wirhia
whofe jurifdidion the offence (hall be committed, fuch juftice
fhall proceed to examine, upon oath, any witnefs or witneffes
who fhall appear or be produced to give information touching vjaion! bv^"
fuch offence, (which oath the faid juftice is 'hereby authorifed contefTion',
and required to adminifter;) and if the party or parties accufed &c he Qiall
fhall be convided of any fuch offence, either by his, her, or ^^'"''f.^^^ ""^ ^^'
their own confeffion, or upon fuch information, as aforefaid^ be, ^^^^ j^'^| \\il^
ihe, or they, fo convicted, fhall forfeit and pay any fum not ex- ^5^

P p ,2 ceeding

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for one
month, or
publickly
whipped.

Informers
jiegle(5ling to
attend to for-
feit not ex-

■ceediiig 40s.-
nor lefs than

SOS.

5^^ Anno decimo quarto GSoRGii 111. c.87. [i7'?4<

ceeding twenty (hillings, nor kfs than five Ihillings, to the per-
fon or perfons who Ihall profecute to convidion any fuch of-*
fender or offenders ; and if the perfon or perfons fo conviiSied
fhall refufe or not be able forthwith to pay the fum forfeited^
every fuch offender (hall, by warrant under the hand and feal
of fome juflice of the peace within whofe jurifdi61ion the perfoa
be committed offending fhall be convi(5led, be committed to the houfe of cor-
rection, or fome other prifon within the cities of London of
Weftminfier^ or liberties thereof, or within the bills of mortality^
within which the offence fhall have been committed, or the of-
fender fhall be apprehended, there to be kept to hard labour for
any time not exceeding one month, or fhall be publickly
whipped, as fuch juflice fhall think fit and order.

II. i^nd be it further enaded by the authority aforefaid. Thai
in cafe the perfon or perfons giving* fuch information as afore-
faid fhall neglecSl or refufe to attend, without fome lawful ex-
€ufe, to be allowed by the juftice, fuch conftable, ox other peace
of^cer, within the fpace of fix hours from the time of making
fuch information, he, fhe, or they, fa offending, fhall, upon
proof being made on the oath of fuch conftabje or peace officer,
that fuch perfon had given fuch information as aforefaid, (which
oath the faid juftice is hereby authorifed and required to admi-
liifter,) forfeit and pay any fum not exceeding forty (hillings,
nor \^h than ten (hillings, to fuch confiable or peace officer;
and in cafe the fame fhall not, upon demand being made by fuch
conftable or peace officer, be forthwith paid, the fame fliall be
levied by dif^refs and fale of the offender's goods and chattels,
by warrant under the hand and feal of fuch jufi:ice,

III. And be it further enaded, That the court of mayor and
aldermen of the city of London for the time being (hall have full
power and authority to make, frame, and fet down, in writing,
fuch reafonable rules, orders, or ordinances, for governing and
regulating all perfons who fhall drive any cattle, fheep, calves,

and annex pe- or lambs, within the faid cities of London or Wejlminjler^ and
nakies. liberties thereof, or the bills of mortality, and to annex reafon-

able penalties and forfeitures for the breach of fuch rules, orders,
and ordinances, not exceeding forty (hillings, nor lefs than tea
fhillings, for any one offence 5 and fuch rules, orders, and ordi-
nances, or any of them, from time to time to alter and amend.
Not to abridge IV. Provided always, and be it enacted, That nothing \n
this a<5t contained (hall extend, or be conftrued to extend to im-
power the faid court of mayor and aldermen to (horten or
abridge the time for keeping the faid market open j but that the;
fame (hall be kept open from the hour of twelve of the clock ac
night till the hour of three of the clock in the afternoon on the
feveral market days, and at no other hours, unlefs the faid court
of mayor and aldermen fliall judge it proper to enlarge the time
for keeping it open.

V. And be it further enacled by the authority aforefaid.
That any one juftice of the peace of the cities of London or
Wejlminjlsry or within the bills of mortality, within whof«

-jurif-

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mayor and
aldermen
im powered to
make reafon-
able rules,

the market
iiours.

powers of the

fnlcicesof
i ace of both

citieso

1774'] Anno decimo quarto Georgii III. G. 87. ' 5^7

jurifdiclion any offence fliall be committed, (hall have power tq
hear and determine, in a fummary way, complaints of offences
Jhat (hall be committed contrary to any of the rules, orders, or
ordinances, at any time hereafter to be made by the faid court
t>f the mayor and aldermen in purfuance of this a6i: ; and the
faid juftice or juftices, and each of them refpedively within their
refpedive jurifdidions, is and are hereby authorifed and requir-
ed, upon view, or upon complaint made on oath to them re-
fpedively of any fuch offence committed within their refpedive
jurifdidions, contrary to fuch rules, orders, or ordinances,
within fix days after thecommiflion of any fuch offence, to iifue
his or their warrant or warrants, under his hand and feal, or
their hands and feals, direded to fuch conftables, or other peace
officer or officers, as the faid juftice or juftices, or any one of
them, Oiall, from time to time, think fit, thereby requiring
him or them to apprehend fuch offender or offenders, and to
bring him, her, or them, before the faid juftice or juftices, or
any one of them, within their refpedive jurisdi6tions, to anfwer
the matters of complaint to be contained in fuch warrant or
warrants; and if fuch offender or offenders fhall be convided,
either by his, her, or their confeffion, or by the oatlf of one or
more credible v^itnefs or witneffes, (which oath fuch juftice or
juftices refpedfively, or any one of them, is and are hereby
authorifed and required to adminifter,) it fhall be lawful for
fuch juftice or juftices, or any one of them, to impofe a fine
upon him, her, or them, for the faid offence, not exceeding the
penalty or penalties which (hall be infiidted in and by the faid
rules, orders, and ordinances ; and if the perfon or perfons fa
c:onvi6led fhall negle.cl or refufe forthwith to pay the penalty or
forfeiture impofed upon him, her, or them, it (hall and may be
lawful for fuch juftice or juftices, or one of them, in his or their
refpedlive jurifdidions, immediately to commit the perfon or
perfons convidled to the houfe of correction, or other prifon
within the jurifdi6lion of fuch juftice or juftices refpedively, or
any one of them, there to be kept to hard labour for any time
not exceeding one month, unlefs the faid penalty or forfeiture
fhall be fooner paid -, all which penalties and forfeitures (hail go
and be paid to the perfon or perfons who fhall inform and pro-
fecute to conviction any fuch offender or offenders.

VI, And be it further eiiaded by the authority aforefaid, OiFcnderg
That if any perfon, who fhall be apprehended for having com- conceahng
mitted any offence againft this a(5l, ftiall refufe to difcover his, ^ic!\obT^*
her, or their name or names, and place or places, of abode, to committed to
the juftice or juftices before whom he, (he, or they, (hall be the houfe of
brought, fuch perfon or perfons Co refufing (hall immediately be correi^ion.
delivered over to a conftable, or other peace officer, and (liali by
him be conveyed to the common gaol, or houfe of correClion^
of the county or place where the offence (hall be committed, or
the offender or offenders ftiall be apprehended, there to remain
for the fpace of one month, or until he, fhe, or they, (hall de-
clare his, her, or their name or names^ and place or places of

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568 Anno decimo quarto GeoRGII III. c. 8/- [1774

abode, to the faid jaftice, or to fome other juftice of the peace
of the faid county or place.
Abaraa here- ^^11. Provided neverthelefs, and be it enaded by the authority
of, kc to be sforeA^id, That an abftradt of the feveral provifions and penahies
pridttd and contained in this ad, and all fuch rules, orders, and ordinances,
affi>;td up m fo to be made fro tn time to time by the faid CQurt of mayor and
co.dincuous ^id^rmen, ihall, within fourteen days after the making of fuch
rules, orders, and ordinances, be printed^and affixed upon fuch
of the mod confpicuous places within the faid cities of London
and Wejimuijier^ ancj liberties thereof, and bills of mortality, in
fuch manner as the faid court fhall think proper, and frorn time
to time order.
Juf^kes may VIII. And be It further enadled. That in cafe any perfoq
indorfe war- againft whom a warrant ihall be iffued by any juftice of the
rsnts.andtry peace, either before or after convidion, as aforefaid, for any
I'^urn^^^^^^^ offence againft this a6l, or againft fuch rules, orders, and ordi-
to the hi it Ja- nances, hereafter to be made, as aforefaid, fliall efcape, go into,
ttice. refide, or be in any other county, city, liberty, town, or place,

out of the Jurifdi<Sion of the perfon granting fuch warrant or
warrants as aforefaid; or if the goods and chattels of any of-
fender, convided of any offence in purfuance of this ad, fhall
be in a different county, city, liberty, town, or place, than where
the faid party was convided, or the warrant of diftrefs granted^
jt fliall and may be lawful for any juftice oi the peace of the
county, ciry> liberty, town, or place, into which fuch perfon ftiall
* efcape, either before or after convidion, or where his goods

and chattels fhall be after fuch convidion, and they, and every
of them, are hereby required, within their refpedive jurifdidl-
ens, upon proof made upon oath of the hand writing of the
faid juftice granting fuch warrant or warrants, to indorfe his ox
their name or names on fuch warrant, and the fame, . when fo
indorfed, ftiall be a fufficient authority to all peace officers to
execute fuch warrant in fuch other county, city, liberty, town,
or place, out of the jurifdidion of the perfon granting the faid
warrant; and the faid juftices refpedively, or any one of them^
as the cafe (hall happen, after indorfing the faid warrant, may^
on the offender or offenders being apprehended and brought
before the faid juftices, or any one of them, within their refpec-
tive jurifdidions, proceed to hear and determine the complaint
in the fame manner as if it had originally arofe within theii*
refpedive jurifdidions, or niay dired the offender to be carried
to the perfon vvho granted the faid warrant, to be dealt with ac-
cording to the law.
No pet Ton to ' JX. Provided always, and be it enaded by the authority
fuftcr punna- aforefaid, That no perfon fhall fuffer any puniftiment for any
pro'ecudon is offence committed againft this ad, unlefs the profecution for
not comnienc- the fame be commenced within fourteen days after the offence
ed within 14. fhall be committed ; and that when any perfon (hall fuffer im7
days after prifonment purfuant to this ad, for any offence contrary thereto^
^QiHxi^i u . -^ default of payment of any penalty hereby impofed, or (hall
hereafter be impofed;, for the breach of any of the rules, orders^
' ■ ^ '" ' ?^^

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I774'] Anno decimo quarto Georgii III. C. 87' • 5^9

and ordinances, which (hall or may be made by the court of
lYiayor and aldermen, as aforefaid, fuch perfon (hall not be lia-
ble afterwards to pay fuch penalty.

X. Provided alfo, and be it enaded by the authority afore- p^^.f-^^g g^.
faid, That if any perfon or perfons (hall think, him, her, or ^i-^eved may
themfelves, aggrieved by the order or judgement of any juftice appeal to the
of the peace, upon account of any offence committed, or fup- "Q^^ ^^"^^^^
pofed to be committed, againft this ad, it jhall and may be ^J^^J^^^ ^^"*-
lawful for fuch perfon or perfons to appeal to the next general
or quarter fefTions of the peace, to be holden for the county,
city, or place, where any fuch convidion (hall be made, the
perfon or perfons fo appealing firft giving fecurity in the^ fum
forfeited, before fuch juftice or juftices, in their refpedive jurif-
diaions, to profecute fuch appeal with effed, and to abide by
the order or orders which (hall be made on fuch appeal, and
giving fourteen days notice, in writing, of fuch intention to ap-
peal to the party or parties on whofe profecution fuch convi6lion~
v>^as founded, if there are fo many days between the time of the
convi61:ion and fuch general or quarter felTions, and if there are
not, then to the next fubfequent general or quarter felTion which
fhall be held after any fuch convidion ; and the juflices, in the
faid general or quarter fclTions, are hereby authorifed to hear and
determine every fuch appeal, and to make fuch order therein,
and to award fuch cofts, as to them (hall appear to be juft ; and
to caufe to be levied, under the order of any fuch feffion, the
<&ofts which (hall be awarded, together with fuch fum of money
as any fuch court of felfion, on the hearing any fuch appeal,
fhall adjudge to be forfeited, by diftrefs and fale of the goods
and chattels of the perfon who (hall refufe to pay fuch cofts and
fum of money forfeited, or of the perfon or perfons who (hall
have become furety or fureties for hirn, as aforefaid.

XL Provided alfo, and be it ena6ted, That no order or pro- No order to
c^edingSy to be made or had by or before any juftice of the be vacated for
peace by virtue of this adj fhall be qualhed or vacated for want want of form,
of form ; and that the order of the juftices, at their general or ^fe by"QrJioI
quarter fe(Rons within their feveral jurifdi(5lion3, (hall be final , raru
and that no proceedings of any fuch juftices out of feffion, or in
their faid general or quarter feftjons, in purfuance of this a6t,
fhall be reqioveabie by Certiorari^ or otherwife.

XIL And, for the more eafy and fpeedy conviction of offen- ^p^T^ of con-
dprs againft this* a6l, be it further enaded. That all and every ^letion.
the juftice and juftices of the peace, before whom any perfon or
perfons (hall be conyifled of any offence againlf this a6t, fhall
and may caufe the convidion to be drawn up in the following
form of words, or in any other form of words to the fame effed^
as the cafe fhall happen -, (videlicet^)

BE it remembered^ That on the dav of

in the year of our lord

A. B. f; convi5ied before 7/7^ C. D.
Qne of his Majefifsjufices of the peace for the dtiei of London or

P p 4 ' Weftmiafter

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L^mitat'iDn of

General lifue.

S7^ Anno dedmo quarto Georgii III. c. 88. [i7'74,

Weftminller, or the county ^/Middlefex, either on his own confef-
fion^ or on the oath of one or more credible wHnefs or wttnejfes^ (as
the cafe Ihall be,) by virtue of an a6l^ made in the fourteenth year
of the reign of his majefy King George the thirds to prevent the
mifchiefs that arlfe from driving cattle within the cities of Lon-
don and Wcfminfier^ and liberties thereof^ and the bills of mor-
tality, [fpecifying the offence, and time and place when and
where the fame was committed, as the cafe (hall be.] Given
under ijiy hand andfed^ the day and year above written,

XIII. And be it further enabled by the authority aforefaid^
That if any a6lipn or fuit Hiali be brought or commenced
againft any perfon or perfons, for any thing done in purfuancQ
of this atSi, it (liall be brought or commenced within fix calen-
dar months next after every fuch caufe of acSion [hall have ac-
cruedj and not afterwards, and fhall be brought, laid, and tried^
in the county, city, or place, in which fuch offence (hall have.
been committed, and not ehWhere ; apd the defendant or de-
fendants in fuch a6]:ion or iuit, may plead the general iifue, and '
give this a6l-, and the fpecial matter, in evidence, at any trial or
trials which (hall be had thereon, and that the fame was done
in purfuance and by authority of this a6l ; and if the fame ihall
appear to have been fo done, or if any fuch adion or fuit fhall
not be commenced within the time before limited, or (hall be
laid or brought in any other county^ city, or place than where
the offence fliall have been committed 5 then, and in any of fuch
cafes, the jury or juries fhall find for the defendant or defen-
dants ; or if the plaintiff or plaintiffs ftiall become nqnfuit, or
fhall difcontinue his aStion or a61ions, or if judgement fhall be
given for the defendant or defendants therein ; then, and in any
of the cafes aforefaid, fuch defendant or defendants fhall have

Treble colls, treble cofl:s, and fhall have fuch remedy for recovering the fame,
as any defendant or defendants hath or inay have for his or their
cods in any other cafes by law.

XIV. And be it further enac^ec]. That this ac^ fl^iall continue
and be in force for the term of three years, and from thence to
the end of the then next feffion of parliament.

XV. And be it further enaded by the authority aforefaid.
That this adl fhall be deemed, adjudged, and taken to be a
publick a6t ; and be judicially taken notice of as fuch by all
judges, juftices, and other perfons whatfoever, without fp^cially
pleading the fame.

CAP. LXX^VIII,

An a^ to efiablijh a fund towards further defraying the charges of
the adminif ration of jufice^ and fupport of the civil government
ivithin the province of Qn€b^Q^ in America.

|*reambie, Wf H E R E A S certain duties were impofed^ by the authority of
Certain duties ^^ ^^^ ^^^i/^ chriftian Majejiy^ upon wine^ rum^ brandy y Eau de
wpofed by bis Vie d^ Liqueur^ imprted intq the provide of Canada, nqw callei

The aft to
continue for
three years.

Publick aft.

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1774'] Anno declmo quarto Georgii lU. c.8S. 571

the province of QuthQC^ and alfo a duty of three pounds per Centum moftchriilian
ed VaJorem, upon all dry goods imported inio^ ande>iporUdfrom^ the majefty upon
faidprovwce, which duties fuhfijled at the time of the furre^^der of the ^"^^'-^^^^fg^*
f aid province to your Majeflfs forces in the late war : And luhereas i^^to^^ebec,
// is expedient that the f aid duties Jhould ceafe and he dif continued -y
end that in lieu and infead thereof^ other duties Jhould he raijed by the
authority of parliament^ for making a more adequate provifwn for de-
fraying the charge of the adminif ration of yujlice^ and the fuppori of
civil government in the faid province : We, your Majefty's moft
dutiful and loyal fubjecfls, the commons oi Great Britain^ in
parliament aiTembled, Ao moft humbly befeech your MajeRy
that: it may be enaded ; and be it enaded by the King's mofi:
excellent majefty^ by and with the advice and confent of the
lords fpiritual and temporal, and commons, in this prefent par-
liament aflembled, and by the authority of the fame, That from after Apnl 5,
and after the fifth day of ApriU one thoufand feven hundred and ^^f^'^^^^ ^
feventy-five, all the duties which v;ere impofed upon rum, bran- ^-^^^^^ ^\^^
dy, Eau de Vie de Liqueur^ within the faid province, and alfo of province,
three pounds /)^r C<?;7/tt;77 ad Valorem^ on dried goods imported
into, or exported from, the faid province, under the authority
of his moll chriftian Majefty, ihall be, and are hereby difconti-
nued; and that in lieu and in ftead thereof, there (hall, from and andinftead of
after the faid fifth day oi Aprils one thoufand feven hundred and "f^^^ thefoi^
feventy-five, beraifed, levied, coUecSted, and paid, unto his Ma- to^^e^iTto
Vefty, his heirs and fuccefTors, for and upon the refpedive goods his Majefty.
herein-after mentioned, which (hall be imported or brought into
any part of the faid province, over and above all other duties now
payable in the faid province, by any a6t or ads of parliament^
the fieveral rates and duties following \ that is to fay,

For every gallon of brandy, or other fpirits, of the manufae- The rate&
ture of Great Britain^ three-pence.

For every gallon of rum, or other fpirits, which (hall be im-
ported or brought from any of his Majefty's fugar colonies ia
the Wefi Indies^ fix- pence.

For every gallon of rum, or other fpirits, which (hall he im-
ported or brought from any other of his Majefty's colonies or
dominions in America^ nine- pence.

For every gallon of foreign brandy, or other fpirits^ of foreign
manufadure, imported or brought from Great Britain^ one
Ihilling.

For every gallon of rum, or fpirits, of the produce or manu-
fadure of any of the colonies or plantations in America^ not in
the pofTefTion or under the dominion of his Majefly, imported
from any other place, except Great Britain^ one (hilling.

For every gallon of molafTes and fyrups, which fliall be im-
ported or brought into the faid province, in (liips or velTels be-
longing to his Majefty's fubjeds in Great Britain or Ireland^ or
to his Majefty's fubjeds in the faid province, three-pence.'

For every gallon of molafTes and fyrups, which (hall be im-
pQrtQ4 pr brpught intQ the f^id province, in ^ny other (hips or

veilels^

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57^ Annp decimo quarto Georgii III. c. 88. [1774'

velTels, in which the fame may be legally imported, fixpence j
and Jitter thofe rates for any greater or lels quantity of fuch ^oods
r^elpedively. ^ ^

Rates deemed J^' ^"^ ^^ ^s hereby further enaSed by the authority afore-
fterlingmone^y laid, That the faid rates and duties, charged by this a6l, (hall
of Great Bri* be deemed, and are hereby declared to be, fterling money of
tarn j Cr^^if Britain, and (hall be colledled, recovered, and paid, to the

amount of the value which fuch nominal fums bear in Great
Britain'^ and that fuch monies may be received and taken ac-
cording to the proportion and value of five (hillings and fixpence

bow they are ^^^ ^^^^^ ^^ ^^^^^^' ^"^ ^^^^ ^^^^ ^^'^ duties, herein-before
to be levied, gi^sn^ed, (hall be raifed, levied, colieaed, paid, and recovered,
Sec. in the fame manner and form, and by fuch rules, ways, and

means, and under fuch penalties and forfeitures, except in fuch
??afes where any alteration is made by this ad, as any other du«
ties payable to his Majefly upon goods imported into any Britijh
colony or plantation in America are or (hall be raifed, levied,
colleded, paid, and recovered, by any aa or ads of parliament,
as fully and effeaually,.to all intents and purpofes, as if the fe^
yeral claufes^ powers, diredions, penalties, and forfeitures, relat-
ing thereto, were particularly repeated and again enaded in the
)^o whom they body of this prefent ad ; and that all the monies that (hall arife
^e to be paid, by the faid duties, (except the neceOary charges of raifing, col-
le^ing, levying, recovering, anfwering, paying, and accounting
for the fame,) fhall be paid by the colledor of his Majefly's
cuftoms, into the 'hands of his Majefty's receiver-general in the
and how to bp ^^^^ province for the time being, and fhall be applied, in the firft
applied. place, in malting ^ more certain and adequate provifion, towards

defraying the expences of the adminiftration of juftice, and of
the fupport oi civil government, in the faid province ; and that
the lord high treafurer, or commifiiopers of his Majefty's treafu-^
ry, or any three or more of them for the time being, fhall be,
and is or are hereby impowered, from time to time, by any
•warrant or warrants under his or their hand or hands, to.caufe
fuch money to be applied out of the faid produce of the faid du-
ties towards defraying the faid expences ; and that the refidue of
the faid duties (hall remain and be referved in the hands of the
faid receiver-general, for the future difpofition of parliament.
Regulations HI- And it is hereby further enadied by the authority afore-
withrefpeft to faid. That if any goods chargeable with any of the faid duties
goods brought herein-before mentioned (hall be brought into the faid province
vmce cbrrg^e'- ^"^ ^^"^ carriage, the fame (hall pafs and be carried through the
able with the poi*t of ^^'int John's^ near the river Sorrel% or if fuch goods (hall
dnties before be brought into the faid province by any inland navigation, other
mentioned. than upon the river Saint Lawrence^ the fame (hall pafs and be
carried upon the faid river Sorrel^ by the faid port, and (hail be
there entered with, and the faid refpedlive rates and duties paid
for the fame, to fuch officer or officers of his Majef^y's cuftoms as
ihall be there appointed for that purpofe ; and if any fuch goods
cpming by la^d parri^ge, or inland navigation, as atorefaid, (hal|

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I774-] Anno decimo quarto Georgii in. C.88. 573

pafs by or beyond the faid place before named, without entry
qr payment of theTaid rates and duties, or (hall be brought into
any part of the faid province, by or through any other place
vvhatfoever, the faid goods fhall be forfeited 5 and every perfon
who (hall be aflifting, or otherwife concerned in the bringing or
removing fuch goods, or to whofe hands the fame (hall come,
knowing^ that they were brought or removed contrary to this
aa, (hall forfeit treble the value of fuch goods, to be eftimated
and computed according tq the bed price that each refpe6tive
commodity bears in the tovvn of ^ebec^ at the time fuch offence
ifhall be committed 5 and all the horfes, cattle, boats, vefTels,
and other carriages whatfoever, made ufe of in the removal,
carriage, or conveyance of fuch goods, (hall alfo be forfeited and
loft, and (hall and may be fpized by apy officer of his Majefty's
cuftoms, apd profecuted, as herein-after mentioned,

IV. And it is hereby further enaaed by the authority afore- Penalties and
faid, That the faid penalties and forfeitures by this ad inflided, (^[;,j.'e^"o 'be
Ihall be fued for and profecuted in any court gf admiralty, or p^^ofecuted
vice admiralty, having jurifdi^ipn within the faid province, and for, &c.
the fame (hall apd may be recovered and divided in the fame

panner and form, and by the fame rules and regulations, in all
refpe6ts, as other penalties and forfeitures for offences againft the
laws relating to the cuftoms and trade of his Majefty's colonies
in America (hall or may, by any a6l or ads of parliament be fued
for, profecuted, recovered, and divided.

V. And be it further ena6led by the atithority aforefalcj. That Any perfon
there fhall, from and after the fifth day of Jpril^ one ^houfand j^^^P^'^S^^^^^
feven hundred and feventy-five, be raifed, levied, collpdl^d, and i]^!^ ^j^t^j-^^^jj^^
paid, unto his Majefty's receiver-general of the faid province, ment to pay
for the ufe of his majefty his heirs and fucce(rors, a duty of one « 1- 16 s. for a
pound fixteen (hillings, flerling money of Great Britain^ for every ii<^^f^<^^'
Jicence that (hall be granted by th^ governor, lieutenant gover- ^
nor, or commander in chief of the faid province, to any perfon

or perfons for keeping a houfe or any other place of publick.
entertainment, or for the retailing wine, brandy, rum, or any
other fpirituous liquors, within the faid province ; and any Penalty of loU
perfon keeping any fuch houfe or place of entertainment, or re- [^^^ every oU
tailing any fuch liquors without fuch licence, (hall forfeit and^^^^^^'
pay the fum of ten pounds for every fuch offence, upon convic-
tion thereof: one rnoiety to fuch perfon as fhall inform or pro-
fecute for the fame, and the other moiety (liall be paid into the
hands of the receiver-general of the province, for the ufe of his
Majefty.

VI. Provided always. That nothing herein contained ftiall ^?^^^ "^^J^*^
extend, or be conftrued to extend, to difcontinue, determine, or^.^\)g,^^gg ^^^
make void, any part of the territorial or cafual revenues, fines^referved 'at
rents, or profits whatfoever, which were referved to, and be- the conqueft,
longed to, his moft chriftian Majefty, before and at the time of

the conqueft and furrender thereof to his Majefty the king of
Great Britain ; but that the fame, and every of them, fhall remain
|nd b^ continued to be levied, coll^'fled, and paid, in the fame

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574

In fuits
brought pur-
suant to this

aft,

Befendants
to have
treble colts#

PJeambl^,

Anno declino quarto Georgii IIL c.89— 91. [1774*

manner as if this a6t had never been made; any thing therein
contained to the cotitrary notwithftanding.

VII. And be it further enabled by the authority aforefald.
That if any adion or fuit (hall be coimiienced againft any perfon
or perfons for any thing done in purfdance of this ad, and if it
ihall appear to the court or judge where or before whom the
fame fliall be tried, that fuch action or fuit is brought for any
thing that was done in purfuance of and by the authority of this
ad, the defendant or defendants (hall be indemnified and ac-
quitted for the fame ; antl if fuch defendant or defendants (hall
be fo acquitted ; or if the plaintiff ihall difcontinue fuch adioa
or fuit, fuch court or judge fliall award to the defendant or de-
fendants treble cofts,

C A P, LXXXIX.

An a6?: to enable bis Majefty to allow the adminiftrator, with the wi)I an-
nexed, or other perfonal repreientative, of Sir Jofeph Jekyll knight,
deceafed, to fell ten thoufand pounds South Sea ftock, part of a legacy
given by him to the ufe of the finking fund, and to receive the divi-
dends due thereon, as alfo on ten thoufand pounds Eaft India (lock 5
and for applying the fame as therein is mentioned. /
Preamble. By warrant under his Majefty's fign manual, the adminiftra-
jtor may fell 10,000]. South Sea (lock, (landing in the name of Sir Jofepl^i
Jekyll; fign manual to be inrolled in chancery. Perfonal reprefentative
to transfer the Turn, and receive dividends due. Sums to arife by the fale
bow to be applied. Charges of the adl to be paid out of the firll monies
to arife.

CAR XC,

An aafor the better regulation of the nightly watch and beadles within
the city and liberty of Wedminfter, and parts adjacent j and for other
purposes therein mentioned.

CAP- XCI.

/n qB more efe^lmlly to improve and complete the navigation of the
river Thames, wejiivard of London Bridge, luithin the liber-
ties of the city ^/London, arid to prevent any veffel or barge from
being moored in Taplow Mill-flream, in the county ^/ Bucks.

WHEREAS^;/ virtue of and under divers charters^ recogniz-
ed and confirmed by divers afls of parliament^ the mayor
and commonalty y a?jd citizens^ of the city <?/ London, have had and
4xercifed^ and ought ^ and hav^ accufiomed ihemf elves to have and ex-
trcife^ the office of bailiff and confervator of the ^^/^r ^/Thatnes,
to be exercifed and occupied by the mayor of the fame city for the time
being, during the time of his mayoralty^ or by his fufficient deputies^
in, upon, and about the water of Thames; {that is to fay J from
. the bridge of the town of Staines, in the mnty of Middlefex, and
] towards th^^ eafi unto London Bridge, and frotn thence -to a certain
'place, called Kendall, otherwife Yenland, otherwife Yeenleet, to-
tuards thefea, and eaji, and in Med way, and in the port of the city
^/^ London aforefaii\ and upon whatfoever bank, and upon every
fhore, and upon every wharf of the fame water of Thames, within
'the limits and bounds aforefaid\ and in ^ upon, and about all and
4V0ry of them ; and alfo. for all the time qforefaid^ hme had and
^ ^ ^ iaken^

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I774»] Anno decimo quarto Georgii IIL g. 91. ^j§

taken^ and ougfit^ and have acaijlomed ihemfelves to have and take^
to their own proper ufe^ by the mayor of the fame city for the time
beings during the time of his mayoralty^ or his fufficient deputies^ all
wages^ rewards^ fees^ and profits^ belonging to the fame office of
bailiff': and whereas^ by an a^ of parliament^ made and paffed in A61 11 Geo. 3.
the eleventh year of the reign of his prefent Majefty^ intituled^ An
a6l for improving and completing the navigation of the rivers
Thames and 7//;, from the city of London to. the town of Crick-
lade^ in the county of Wilts^ certain powers were granted to the
commtfftoners thereby appointed^ for preferving and improving the na-
vigation of the f aid rivers : and whereas the f aid aul contains a claufe
^r provifo^ declaring^ That nothing in the faida5l contained Jhall ex^
tend^ or he conjlrued to extend^ to take away any rights^ jurifdioiion,
power ^ or authority of the mayor ^ commonalty^ and citizens of the city
<?/ London, or any other body politick or corporate^ or other per f on
•r per fons what fo ever ^ or to enable the commifftoners to ere^ weirs ^
locks^ turnpikes^ or toll-gates^ within the liberties or jurijdi5iion of
the city of London : and whereas the commiffioners^ in and by the
faid aSJ of parliament appointed^ being rejlrained^ by the /aid claufe
or provifo^ from exercifngfome of the principal powers and authori-
ties in the fa id a^ contained^ betiveen the faid city of Ijoniion and
the city ff one above Staines Bridge, being the fir ft part or dijlri5l of
the faid navigation^ in and. by the faid a 51 defcribedy have not at-
tempted the execution of the faid a Si within the faid fir Ji difiri^} : and
whereas the improvement of the navigation of the river Thames,
weftivard of London Bridge, within the liberties or jurifdi^lion of
the city ^London, tvill be a zvork of great public utility: and
whereas the mayor ^ and comm^Gnalty^ and citizens^ of the city of
London, are wiUing to apply the fum of ten thoufa?id pounds^ (if ne-^
ceffary)^ out of their own eftates^ towards carrying the faid work in-
to execution^ without laying any toll or duty on perfons navigating the
river Thames within the faid liberties or jur if diction : and zvhereas
the powers vjith which the mayor ^ and commonalty ^ and citizens^ of
the city ^/London, are at prefent vefied are not fufficient to enable
them effectually to improve and complete the faid navigation \ and it is
apprehended^ that the powers granted by the faid aSi of parliament^ made
and paffed in the eleventh year of the reign of his prefent Ma]eff\ to
the commiffwners thereby appointed^ will clafl) with the powers ivhich
muft neceffarily be granted to the mayor ^ and commonalty^ and citizens^
of the city of London, for improving and completing the navigation
, of the river Thames, betiueeri the city of London and the city-
fi one above Staines Bridge : and whereas feme further regulation is
neceffary for removing certain inconvCniencies in another part of the
navigation of the faid river \ may it therefore pleafe your Majefty
that it may be enabled ; and be it ena6!ed by the King's mofi ex-
cellent majefty, by and with the advice and confent of the lords
fpiritual and temporal, and commons in this prefent parli:>ment
aiTembled, and by the authority of the fame. That fo much q^ ^-^rt oi V^o.
the faid ad of parliament, made and paffed in the eleventh year ^^'""^^^^a;
of the reign of his prefent Majefty, as veils the commiirioners ^^^^^ ^ *
thereby appointed, or in purfuance thereof appointed, or to be

appointed.

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B7^ Anno declmb quarto Georgii III. c. 91. [ly^i

appointed, with any power or powers, authority or authorities^'
for im proving and concipleting the navigation of the river Thtimes;
oetween the city oi Lo^idon and the city-ftone above Staif7es Bridge
aforefaid, jfhall be, and the fame is hereby, repealed ; but fo as
not to reftrain or prejudice fuch comnriiflioners frotTi, or in the
cxercife of, any of the powers or authorities by the fame adt
granted, fo far as the fame relate to the improving and com-
pleting the navigation of th^ rivers Thavtes and 7//;, from the
city-aone above Stai?7es Bridge to the town of Crukla4e aforefaid.
Povters given H. And be it further enaded by the authority aforefaid, That
to the. mayor, the mayor, aldermen, and commons, of the city of Z^/i^o;;, m
proVlVhe na ^^^^^^ council afFembled, (hall have power and authority, and
vigation, and ^^y ^^^ hereby authorifed and impowered, to improve and corn-
to appoint a P\^^^ ^^e navigation of the river Thatn^s^ between the city of
committee. London and the city-ftone above Staines Bridge aforefaid; and
for that purpofe to appoint a committee, from time to time, to
manage and tranfad fuch .matters as they may find neceffary j
which committee, fo to be appointed (hall have fuch powers and
authorities as (hall, from time to time, be delegated or given to
them by the faid mayor, aldermen, and commons, in common
council affembled.
Proviro. in. Provided neverthelcfs^ and be it enabled by the authority

aforefaid, That no fjerfon (hall be eligible or capable of ading
as a member of fuch committee, during fuch time as he fhail
have, or execute, any office or place of profit, by, orunder the
authority of this a6f, or during fuch time as he (hall have any
(hare or interefl in any contrad or agreement for efFeding any
of the purpofes of this a6l.
Power to pur- IV. And be it further ena6led by the authority aforefaid. That
chafe lands, the faid mayor, aldermen, and commons, in common, council
purpoTes^of ^(rembled, (hall have full power and authority to make fuch or-
this a6t. ^^^s and conl^itutions, for the purchafmg of locks, ferries, and

lands, for the ufe of the faid navigation 5 and to purchafe and.
make fuch towing-paths, banks, roads, bridges, ferries, and
ways, for the towing, haling, or drawing of boats, barges, and '
other ve(rels, with horfes, or otherwife, palling in, through,
or upon the faid river Thames^ between the city of London and
the city-ftone above 5/^/«^5 5rii^^ aforefaid ; and to purchafe
or make fuch wharfs, locks, weirs, bucks, winches, fpikes^
dams, flood-gates, and engines, for the completing and carry-
ing on the faid navigation, as the mayor, aldermen, and com-
mons, of the city of London^ in common council a(rembled, fhall
think neceffary and convenient for the purpofes aforefaid \ and
alfo to make orders and regulations touching' the (izes and drafts
of all boats, barges, and other veffels navigating the (aid river
of Thames^ between the city of London and the city-ftone above
Staines Bridge aforefaid ; and fuch only as fiiall be navigated
upon the faid river of Thames^ to and from the city of London^
and the city-ftone above Staines Bridge^ and to ^nd from all the
jntefmcdiate places, and to fettle proper gages on the (ides there-
of, and how deep they fli<>ald load at all times s and alfo to

make

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1774'] Anno decimo quarto Georgii IIL c. 91. bl1

make and appoint all fuch other neceffary orders, conftitutrons,
rules, and regulations, concerning the faid navigation, and alio
concerning fuch weirs, bucks, winches, dams, flood-gates, and
other engines, and towing-paths, lying between the piaees a-
forefaid; and the (hutting, penning, opening, drawing, ufe, or
management thereof, for the benefit and fafety of the laid na-
vigation, and making fatisfadion for the lofs or damage any
owner or owners, or occupiers, of mills or lands, {liall or may
fuftain thereby ; and concerning all barges, boats, or veffels^
pairing by, through, or with the help of the fame, and behavi-
our of all bargemen, boatmen, and watermen, belonging to, or
^vorking in, fuch barges, boats, or veffels ; and to give fuch repa-
ration, fatisfadtion, and damages, to the perfon or perfons ag-
grieved thereby, as likewife to the owners or occupiers of lands,
meadows, or other grounds, who Q-iall be damaged by the
negle6l or refufal of the owners of fuch weirs, bucks, winches,
and floodgates, in not opening, and keeping open the fame,
until the water is funk below the water-mark, as to them (hall
feem meet.

V. And be it further enacled by the authority aforefaid. That Bodies polt-
it (hall and may be lawful to and for all bodies politick, corpo- tick, truflees,
rate or collegiate, or corporations aggregate or fole, truflees and &c. may con-
feoffees in trufl, guardians and committees for lunaticks and ^^^ lands,
idiots, executors, adminiftrators, and guardians whatfoever, not
only for or on behalf of themfelves, their heirs, and fucceflbrs;
but alfo for and on behalf of their ceftuique trufts, whether in-
fants or iflue unborn, lunaticks, idiots, femes>covert, or other
perfons whatfoever; and to and for all femes- covert who are or
Ihall be feized in their own right, and to and for all and every
perfon and perfons whomfoever, who are or (liall be feifed or
poflefled of, or interefted in, any lands, tenements, or heredi-
taments; which, by the faid mayor, aldermen, and commons,
in common council affembled, or the cominittee to be by them
appointed, as- aforefaid, Ihall be thought neceflary to be pur-
chafed for the purpofes of this a6l, to fell and convey all or any
fuch lands, tenements, hereditaments, eftates, and interefis,
or any part thereof, to the faid mayor, and commonalty, and
citizens ; and that all contrads, agreements, bargains, fales,
and conveyances, which (hall be made by fuch perfons, as afore-
faid, fliall be good and valid in law, to all intents and purpofes,
not only to convey the eftate and intereft of the perfon and per-
fons conveying, but alfo to convey all right, edate, intereft, ufe,
property, claim, and demand whatfoever, of their feveial and
refpeiftive ceftuique trufts, whether infants or iffue unborn, lu-
naticks, idots, femes-covert, or other perfons whomfoever, and
all claiming, or to claim, by, from, or under them, any law,
ftatute, ufige, or any other matter or thing whatfoever, to the
contrary thereof, in any-wife notwithftanding : and that all fuch
perfons fo conveying, as aforefaid, are, and (hall be, indem-
nified for what they (hall do, by virtue of, or in purfuance of,
this ad, notwithftanding any omiflion or miflake; of matter of

forrn

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5/3 Anno decim6 quarto GeorgiI 111. c,gi. [1774,

S-?-eft^^^^^ ^^^^^ whatfoever : snd if it fnall happen that any perfon or per-
Sefor'^bad^ ^°"^^' ^^^^ OF bodies politic, corporate or collegiate, of othei^
title jnade, perfon or perfons, feiled or pofTeffed of, or intbrefted in, any'
iuch lands, tenements, or hereditaments, as aforefaid, fhall re^'
fufe to treat or agree for the fale and conveyance of their refpec-
tive ellates and interefts therein, with the faid mayor, alder-
men, and commons, in common council aflembled or with any
perfon or perfons authorifed by them, or fhall not produce and
evince a clear title to the premifcs they are in pofTefiion of, or to..
the intereil they claim, to the fatisfa^ion of the faid mayor, al-
dermen, and commons, in common council affembled, or of
the perfon or perfons fo authorifed by them; then, and in eve-
Juries may be ry fuch cafe, it Hiall and may be lawful to and for the court of
lummoncd. inayor and aldermen of the faid city, to beholden in the outer
chamber of the guildhall of the faid city, according to the cuf-
tom of the faid city, and the faid court is hereby impov.ered
and authorifed to ilTue a warrant or warrants, precept or pre-
cepts, diredied to the fheriffs of th9 city of London^ or the fhe-
riff of the county of Middkfex^ or" the iheriff of the county of
Surrey^ as the cafe fhall require, who are, and each of them is
hereby authorifed, direded, and required accordingly to impa-
nel'and return a competent number o[ fubftantial ami difmtereRed
perfons, qualified to ferve on juries, not lefs than forty-eight, nor
more than feventy-two, and out of fuch perfons, fo to be im-
panelled, fummoned, and returried, a jury of twelve perfon^
ihall be drawn by fome perfon to be by the faid court appoint-
ed, in fuch manner as juries for the trial of ilTues, joined in h\9
Majefty's courts at Wejlminjler^ by an a6t made in the third
year of the reign of his late majeliy King George the Second,
intituled an " An oB for the better regulatidti of juries y are dire'dted
to be drawn ; which perfons fo to be impanelled, fummoned,
and returned as aforefaid, are hereby required to come and ap-
pear before the faid court of mayor and aldermen, if the pre-
mifes in difpute lie in the faid city of London^ at fuch time and
place as in fuch warrant or warrants, precept or precepts, (hall
be dire61ed and appointed ; and if the premifcs lie in either of
tlie coimties of Middlefex or Surrey^ to come and appear before
th'? juflices of the peace for the county where the prertiifes lie,
at fome general quarter feffions of the peace to be holdeh for
Juries 171 ay be the fame county, or fome adjournment thereof; and to attend
challenged, the faid courts refpetftively, from day to day, till difcharged by
the faid courts refpedively ; and alj parties concerned ihall and
may have their lawful challenges againft any of the faid jury-
men, but (hall not be at liberty to challenge the array : and the
faid court of mayor and aldermen^ or jufiices, as aforefaid, ref-
pedively, are hereby authorifed and impowered, by precept or
precepts, from time to time, as occafion (hall require, to call
before them all and every perfon and perfons whomfoever who
jfhall be thought proper or neceffary to be examined as a witnefj
or v/itnefTes, on their oath or oaths, touching and concerning
the premifesi and the faid court of mayor and aldermen, or juf-?

3 Uces,

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1774'] A^"^ decimo qiurto GtLORGil III c.gi. S79

tiees, asaforefaid, refpeaively, if they think fir, fiiall and mny
likewife authorife the faid jury to view the place of places ia
queftion, in fuch manner as they iT^all dire61 ; and the faid court
of mayor and aldernien, or jullices, as aforefaid, refpeaively,
ihall have power to adjourn fuch meeting from day to day, as
occafion (hall require 5 and to command fuch jury, witneiTes,
and parties, to attend until all fuch affairs for which they were
fummoned (liajl be, concluded : and the faid jury, upon their jury to en-
oaths, (.which oaths, as alfo the oaths to fuch perfon or perfons quire into the
as (hall be called upon to give evidence, the faid court of ma- j^f^Jj^^'^^^^^^^
yor and aldermen, or juftices, as aforefaid, refpeaivel)', are ^^^^-'^j^/
hereby impowered and required to adminifter), (hail enquire of
the value of fuch lands, tenements, and hereditament?^ and of
the refpe6hve eftate and intereft of every perfon feifed or poffefTed
thereof,' or intere(^ed therein, or of or in any part thereof, and
fliall alTefs and award the fum or fums to be paid for every fuclt
perfon or perfons, for the purchafe of fuch their eftates and in-
terefts ; and the faid court of mayor and ald-rmen, or julliccs,
as aforefaid, refpeaively, (hall and moy give judgement for fucli
fum or fums of money i'o to be afTciTed ; which faid verdid or
verdids, and the faid judgement, decree, or determination,
thereupon, (notice in writing being given to the perfon or per- .
fons intereRed, or claiming io to be, at lead fourteen days be-^
fore the time of fuch affeffment, declaring the time and place of
the meeting of the faid court of mayor and aldermen, or juftices,
as aforefaid, refpeaively, and jury, by leaving fuch notice at
the dwelling' houfc of fuch perfcn or perfons, or at his, her, or
their ufuai place or places of abode, or with fome tenant or oc-
cupier of fome of the i^id, lands, tenements, or hereditaments,
intended to be valued and affeffed, in cafe fuch party cannot
otherwife be found out to be ferved with fuch notice) fhall be
binding and conclufive to all intents and purpofes whatfoever,
againft all anvl every perfon and perfons, bodies politic and cor-
porate, claiming any edate, right, title, trufl, ufc, or intereft,
in, to, or out of the faid lands, tenements, or hereditainents,
and premifes, either in poffefBon, reverfion, remainder, or ex-
pe6lancy, as well infants and iffue unborn, lunatics, idots, and
femes-covert, and perfons under any other legal incapacity or
difability, as all other ceftuique trufls, hi'^, her, and their
heirsj fucceflbrs, executors, and adminiftr^tors, and againfl all
other perfons whomfoever; and the faid verdids, judgements,
and decrees, and all other proceedings of the faid court of ma-
yor and aldermen, orjuftices, as aforefaid, refpeaively, and ju-
ries, fo to be made, given, and pronounced, as aforefaid, (hall
be fairly written on parchment, and figned and fealed by the
mayor for the time being, or by the jufiices prefent^ or tl. : ma-
jor part of them.

V. And it is hereby further ena^ed and declared, That, up- AfTigrment?,
on payment of fuch fum or fums of money fo to be awarded or and convey-
adjudged, the perfon or perfons to whom the fame (hall be fo ^p^es, t^ be
awarded for the purchafe of the faid lands, tenements, or l^ere- |!^^J?^^^^^

Vol. XXX/ Q^q ' ditamems, ^'>^'' ^"•

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58o

If perfons can<
not evince a
clear title to
the premi(^es,

or cannot be
found in the
county where
the lands,
&c. lie.

then* money
to be put into
the bajik.

Verdicts and
decrees of the
court of a1-

Anno decimo quarto Georgii III. c,gx, [17740
ditaments, or for the purchafe of any eftate or intereft therein,
Ihall make and execute, or procure to be made and executed,
good, vaHd, and legal conveyances, afiignments, and aflurances
in the law, to the faid mayor and commonalty, and citizens,
of the faid lands, tenements, and hereditaments, or of fuch eftate
or intereft for which fuch fum or fums of money (hall be fo'
. awarded, and (hall procure all neceflary parties to execute fuch
conveyances, afiignments, and affurances, and fhall do all a6^s,
matters, and things, neceffary and requifite to make a good,
clear, and perfed title lO the faid mayor and comirionalty, and
citizens ; and fuch conveyances, affignments, and affurances,
fhal! contain all fuch reafonable and uiual covenants as (hall on
the part of the faid mayor and commonalty, and citizens, be
required : and in cafe fuch perfon or perfons to whom fuch fum
or fums of money (hall be fo awarded as aforefaid fliall not be
able to evince their title to the premifes, to the fatisfadion of the
faid mayor, aldermen, and commons, in common council af-
fembled, and to make, or procure to be made, good, valid and
legal conveyances thereof, to the faid mayor and commonalty,
and citizens; or fhall refuTe fo to do, being thereto required ;
and fuch fum or fums fo afleffed and awarded as aforefaid, be-
if>g produced and tendered to be paid to him, her, or th.em, on
their making fuch title, and executing, and procuring to be exe-
cuted, fuch conveyances, affignments, or affurances, as afore-
faid ; or in cafe fuch perfon or perfons to whom fuch fum or
fums of money fhall be fo awarded as aforefaid cannot be found
in the city or county where the lands, tenements, heredita-
ments, and premifes, for which the faid fums fliall be fo affefs-
eel or awarded lie; or in cafe that, by reafon of difputes de-
pending in any coyrt of law or equity, or for defed of evidence,
it fhall not appear to the faid mayor, aldermen, and commons,
in common council affembled, what perfon or perfons is or are
intituled to the premifes in queftion; then, and in every fuch
cafe, as aforefaid, it fhall and may be lawful to, andibr the faid
court of mayor and aldermen to order the faid fum or fums, Co
affeffed and awarded aforefaid, as the value of and purchafe-
mone'y for the faid lands, tenements, and hereditaments, to be
paid into the bank o{ England^ for the ufeof the parties intereft-
ed in the faid premifes ; to be paid to them, andevery of them,
according to their refpe61ive eftates and intereft therein, at fuch
time as the faid court of mayor and aldermen fliall order and di-
red ; and the cafhier or cafhiers of the bank of England^ who
(hall receive fuch fum or fums, is and are hereby required to
give a receipt or receipts for fuch fum or fums, mentioning and
Specifying for what premifes, and for whofe ufe, the fame is or
are received, to fuch perfon as fhall pay any fuch fum or fums
into the bank as aforefaid.

Vi. And be it further ena^fted by the authority aforefaid.
That all fuch verdids, judgements, fentences, decrees, orders^,
and other proceedings, of the faid court of mayor and aldermen,
gr juflicQS;, as aforefaid, refpe^lively, and juries, as relatq to or

concerning

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1774'] Anno decimo quarto GeoRGII III. c.91. 5^1

concerning any lands, tenements, or hereditaments, fo ^^ ^^ l^J^^l^^^^^^^
purchafed as aforefaid; and all receipts which the faid cafhier or cords of the
cafhiers o^ the bank Ihall give for any (urn or Turns of money faid court,
paid into the bank, in confequence of any fuch verdid and
judgement, (hall be entered among the records of the faid court
of mayor and aldermen, or general quarter feffions of the peace
for the faid county of Middle/ex, or the faid county of Surrey^
as the cafe (hall happen to be; and the faid verdids, judge-
ments, fentences, decrees, and orders, and other proceedings,
fhall be deemed and taken to be records, to all^ intents and pur-
pofes whatfoever ; and the fame, or true copies thereof, (hail
be deemed and taken to be good and efFeaual evidence and proof ^"^^^J^^j^
in any court or courts of law or equity whatfoever; and all per- ^q^^q^
fons (hall and may have recourfe to the fame gr^tisy and take
. copies thereof, paying for every copy, not exceeding two hun-
dred words, fixpence, and fo proportionably for any greater or
lefs number of words; and immediately after fuch verdi6ts,
judgements, fentences, decrees, orders, and other proceedings
of the faid court of mayor and aldermen, or juftices, as afore-
faid, refpeaively, and juries, and of fuch receipt or receipts of
the faid caHVier or ca(hiers, as aforefaid, all the eftate, right,
title, intereft, ufe, trud, property, claim, and demand, in Jaw
and equity, of the perfon or perfons for whofe ufe fuch money
iliall be paid in, to, and out of the faid lands, tenements, here-
ditamenis and premifes, (hall veft in the faid mayor, and com-
monalty, and citizens; and they (liall be deemed in law to be
in the a6lual po(re(rion thereof, to all intents and purpofes
whatfoever^ as fully, and effecftually as if every perfon having
any eftate in the premifes had adually conveyed the fame by
leafe and releafe, bargain and fale inrolled, feoffment with livery
and feifin, fine and recovery, or any other legal con veyance whatfo-
ever; and fuch payment (hall riot only bar all right, title, inte-
reft, claim, and demand, of the perfon or perfons to whole ufe
fuch payments were made, but alio fliall extend to, and be
deemed and conftrued to bar the dower and dowers of the wife
and wives of fuch perfon and perfons, and all eflates tail, in re-
yerfion or remainder, afainft the iffue or iffues of fuch per|aa
and perfons, and every perfon claiming under them, as effec-
tually as a fine or recovery would do, if levied or fuffered by the
proper parties in due form of law.

VIL Provided always. That it fliall and may be lawful for Court of al-
the faid court of mayor and aldermen, aft^r fuch payment into f,^^"^^5{^"^^^
the bank, and entry of the receipt aforefaid, at the petition of [[J^^^^^'^"^^^^'
any perfon or perfons in poffeffion of fuch lands, tenements, or government
hereditaments, to place out or inve(5-, or to caufe to be placed fecurity,
out or invefted, fuch fum or fums of money, or any part there-
of, in fome of the public funds, or on government fecurity, at
intereft, in the name or names of any perfon or perfons autho-
rifed and appointed by the faid court of mayor and aldermen
for that purpofe, intruft, to transfer and alTign the fame to fuch.
perfon 0^ perfons to whom the premifes belong, on their exe-

Q^q 2, cuting

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5»2

Anne decimo quarto Georgii 11L c.

Pcrfons in-
titled to re-
cover in tereft
iiy aclion of
deb*.

9'- '['774.
cuting proper conveyances thereof; and, in the mean time^ in
truft, to pay the intereft and dividends arifing therefrom to fuch
perfon or perfons who was or were in poffeffion of the faid pre*
mifes at the time of the faid payment into the bank.

VIII. Provided always, and it is hereby enaded, That all and
every perfon or perfons, who would be intiiled to recover the
mefne profits of the premifes, againft the perfon or perfons in
poflelTion, in cafe the fame had not been fo conveyed to, or
vefted in, the faid mayor and commonalty, and citizens as
aforefaid, ftall be intitled to recover the fum or fums to arife
from fuch interefts and dividends, as aforefaid, by adion of debt,
or otherwife, againft the perfon or perfons who fhall receive the
fame; and the faid court of mayor and aMermen are hereby jm-
powered and authorifed to make fuch order, as aforefaid, on thd
bank, for the payment of fuch fum or fums of money, or any
part thereof, as fliall be neceflary, in order to the fame being fo
rnvefted in public fecuriries ; and the faid mayor, and com-
monalty, and citizens, Pnall be quieted in the polTeffion of the
lands, tenements, and hereditaments, for which fuch money
fhall be fo paid as aforefaid, and fliall not be anfwerable or ac-
countable in any court of law or equity for the money fo depo-
fited and placed out as aforefaid, any otherwile than according
to the purport and true meaning of this a61.

IX. And be it further enaded, That in cafe any feme-covert
is or (hall be feifed in fee-fimple, or in tail general or fpecial, of
any fuch lands, tenements, or hereditaments, fo to be pufchaf-

chare-money ^^> ^^ aforefaid, by the faid mayor and commonalty, and citi-
paid to whom zcns, cr of any intereft in the fame, to her feparate ufe, free
fiie HiaU no- from the controul or intermeddling of her huiband, the pur-
chafe-money arifjngfrom the fale of fuch eftate, or intereft of
furh feme-covert, on the conveyance of fuch eftate or intereft to
the- faid mayor and commonalty, and citizens, llrall be paid
cither to the hufoand of fucli feir.e-covert, at her requeft, or to
fuch perfon or perfons as (he (hall, by writing under her hand,.
nominate to receive the fame, in truft, to be reinvefted in lands,
tenements, or hereditaments, to be conveyed and fettled for fuch
'nfe, eftate, and intereft, as the faid feme-covert had in the pre-
mifes fo purchafed by the faid mayor and commonalty, and
citizens.

X, And be it further enadled by the authority aforefaid, Tha-t
the principal money ariftng from the fale of any lands, tene-
ments, and hereditaments, which fliall be purchafed for any of
the parpofes of this a6i, of or from any body corporate or col-
legiate, corporation aggregate or fole, feoffees in truft, guardians,
committees, or other truftees, or from any feme-covert, (hall be
paid 10 fuch perfons as- they fhall refpe6tively nominate to re-
ceive the fame, in truft, with all convenient fpeed then after-
wards to be reinvefted in the purchafe of other lands, tenements,.
or hereditaments, to be conveyed and fettled to, and ^ipon;, and
fubjecltotlie like ufes, trufts, limitations,Temainders, and eon ^
tingencies, as the landsy tenements, and hereditameAts, which

iha-S

Feme-covert
feifed in fee-
fimple, to
liave her pur>

.Jiii^ate.

Purchafe-
money of
lands to be
paid to perfons
whom the
owners ap-
point*

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17740 Anno decimo quarto GeoRGII IIL c.pr. 583

fliall be purchafecl from them rcrpe<^ively by the faid mayor,
and commonahy^'and citizens, as aforefaid, were re*pe<£live]y
fettled, Jimited, or afTlircd, at the time of fuch purchafing of
the fame, or fo many thereof as, at the time o^ making fuch
conveyances and fetjtiements, (hall be exifting and capable of ,

raking effedl.

XL And be it fxirther enacted by the authority aforefaid, Bargatnp and.
That the conveyance of any fuch eftate or interert of any feme* faies to have
covert to the faid mayor and commonalty, and citizens, or any ^^^ torce ut
perfon or perfons in truft for them, by bargain and fale ac- ^''^'
.knowledged by fuch feme-coverr, and inroiled in ;he court of
huftings of the faid city, according tx) the cuftom of the faid city,
within fix calendar months after the making thereof, (hall as ■
.efFedtiially and abfolutely conVey the ellate and interefl: of fuch
feme-covert in the premifes, as any fine br fines, recovery or re-
.coveries, would or could 60^ if levied or fuffered thereof in due
form of Jaw: and further, that all bargains and faies, whatfo^
ever, to be made of any fuch lands, tenements, and heredita-
ments, as (hall be purchafed by the faid mayor, and commonal-
ty, and citizens, by virtue of, and for any of the purpofes of this
act, (halj iiave the force, effed, and operation in law, to all in-
tents and purpofes, which any line or fines, recovery or recove-
ries whatfoever, wouU have, if levied or fuffered by the bar-
gainer or bargainerss or any perfon or perfons feifed of any eftate
In the premifes, in trud for, or to the ufe of, fuch bargainer or
bargainers, in any legal manner or form whatfoev>er.

XII. 4^nd be it further cnacfted by the authority aforefaid, Perfons 5 nter*
That all and ev.ery perfon and perfons whomfoever, having any efied in landi^
r^ght, titie, interefl, ufe, property, claim, or demand whatfo- ^o"^^y^^» ^^
ever, whether in pofFeffion, reverfion, remainder, or expectancy, rj^f on'hei'r^"
in, to, or out of any lands, tenements, or hereditaments, which, rjaht within,
by virtue, and for any of the purpofes of this a61, (hall be pur.- ^years^
chafed by, and conveyed, or mentioned or intended to be con-
veyed to the faid mayor and commonalty, and citizens, by any
fuch bargain and fale, as aforefaid, (hall, within the fpace of five-
years, to be computed from the date of the inrolment of fucl>
bargain and fale, enter a memorial of fuch their right, title,
jntereli, ufe, property, claim and demand, in a book to be for in a hook t»
that purpofe prepared and kept by the town clerk of the faid city be — rpared
of Londgn^ or the clerk of the peace for the county refpedlively^ ^^^ ^''^ ^^^X
which book the faid towh clerk and clerk of the peace refpec- ^^^^^»
lively are hereby required to prepare and keep accordingly, and
fpr which entry they fhalj be intitled to fuch fee, and no other,
as the regifter of the county of Middlefex is by law intitled to for
the regiflry of a memorial, containing the fame nu-mber of
words; and all and every perfon or perfons whomfoever, not or be for ever
entering fuch right, claim, and demand within fuch time, and barred of aii
\a fuch manner, as aforefaid, or having fo entered the fame, and ^^^^ ng^^t.
not profecuting fuch their right, claim, or demand with etfe6V,
vyithin the fpace of live years, to be computed from the time of
fuch entry, (Ml he for ever barred of all right, title, i^fe, equity, . ^

Q^q3 " property.

Hosted by Google

5S4 Anno decimo quarto Georgii III. c. 91. [1774.

, property, claim, and demanvi whatfoever, whether in pofTelTion,
reverfion, remainder, or expectancy, in, to, upon, or out of the
faid premifes, and every part thereof, and the faid mayor and
commonahy, and citizens, and thofe claiming by, from, or'
under them, fhall be quieted in the poflefTion of alJ fuch lands,
tenements, hereditaments, and premifes, any law, ftatute,
vifage, matter, or thing whatfoever, to the contrary notwith-
ftaadins;.
I^erfons fo XIII. Provided neverthelefs, That any perfon or perfons

barred may barred of any right, title, eftate, intereft, claim, or demand
o^afbt^^r"^ vvliatfoever, in, to, or out of the laid lands, tenements, and
gainft there- hereditaments, by virtue of this a6l, fhall be at liberty to bring
cciver of their any a6\ion or a6iions of debt, for money had and received to his
purchafe-ma- or their ufc, againfl: any perfon or perfons, or the legal reprefen-
^^^y* tative of any perfon or perfons, who received the purchafe-

money arifing from fuch fale of the faid lands, tenements, and
hereditaments, or premifes aforefaid ; and that in every fuch
cafe, the plaintiff or plaintiffs, on proof of fuch title as would
have enabled them to recover fuch lands, tenements, or here-
ditaments or any part thereof, or any eftate or intereft in the
fame, (hall recover the faid purchafe-money, or fo much thereof
as (hall be equivalent to their intereft in the faid premifes toge-
ther with fuch inrereft as (hall be equivalent to the mefne prohts
of the premifes, which they would have been intitled to recover
in cafe this a6l had not been made.
Expencesof XIV. And be it further enacted by the authority aforefaid,

juries how to That in all cafes" where any verdidl: as aforefaid (hall be given
b« dciraycd. f^^ ^ greater fum than fhall have been offered by or on the be-
half of the mayor and commonalty, and citizens, of the-city of
London^ or in cafe no fuch offer fhall have been made before the
fummoning of any fuch jury, that then all the expences of fum-
moning fuch jury and the witnefles, and of taking fuch inqueft,
fhall be paid by the mayor and commonalty, and citizens, of
the city of London ; but if any fuch verdid (hall be given for no
more, or for a Icfs fum than (liall have been fo previoufly offered
by or on the behalf of the mayor and commonalty, and citizens,
of the city of London^ then and in every fuch cafe, fu^h expences
fhall be defrayed by the owners of, or the perfons interefted in,
fuch locks, ferries, lands, wharfs, weirs, or other property in
queflion ; and fuch expences ihall be deducled and taken out of
the monies to be affelTed and adjudged, and fuch dedudion (hall
be deemed and taken as payment of fo much thereof.
Towing-paths XV. Provided always, I'hat nothing in this ad contained
not to be fbaj] extend, or be con(^rued to extend, to authorize and im-

the'corfent^of P^^'^^ ^^"^^ ^^''^ mayor and cqmmonalty, and citizens to compel
proprietors.^ or oblige the owner or proprietor of any garden, orchard, yard,
park, paddock, inclofed lawn, or planted avenue to any houfe,
which have been refpedively ufed as fuch fix calendar months
before the paffing o^ this ad, (except fuch where towino;-paths
are now ufed,) or the owner or proprietor of any meffuage or
tenement ereded or built, or begun to be ereded or built, fix

calen-

Hosted by Google

1774-] Anno decimo quarto Georgii III. c.91. 5^5

calendar months before the paffmg of this ad, to pull down, let,

fell, or convey, fuch mefTuage, tenement, garden, orchard, yard,

park, paddock, inclofed lawn, or avenue, or any part thereot, to

the faid mayor and commonalty, and citizens, or any other per-

fon or perfons; nor ftiall any thing in this ad contamed im-

power the faid mayor and commonalty, and citizens, to make

any new towing-path, bank, cut, road, bridge, wharf, lock.

weir, buck, winch, fpike, dam, floodgate, pound, turnpike, toll-

eate, or engine, over, upon, or through any garden, orchard,

yard, park, paddock, inclofed lawn, or planted avenue to any

houfe, without the confent of the owner or proprietor thereof

XVI. And be it further enafled by the authority aforefaid, F^^es o„ ^
That the faid court ofmayor and aldermen, orjuftices, as afore- ^'j^^^^^^^^
faid, refpeaively, fhall have power, from time to time, to im- ^efufing t»
pofe any reafonable fine, not exceeding the fum of ten pounds, comply with
on fuch fherifF or (herifFs, or their deputy or deputies, bailiffs or this ad,
agents, refpedivcly, making default in the premifes, and on any

of the perfons who (hall be fummoned and returned on any fuch
jury or juries who Hiall not appear,, or who (hall refufe to be
fworn on the faid jury or juries, or being fo fwom (hall not give
his or their verdid; and alfo on any perfon or perfons who ihall
be fummoned to give evidence touching any the matters afore-
faid, and (hall not attend, or (hall refufe to be fworn, or who
being fworn thall refufe to give his, her, or their evidence; alfo
on any other perfon or perfons who (hall, in any other manner,
wilfully neglect his or their duty in the premifes, contrary to the
true intent and meaning of this zd ; and, from time to time, to may be levied
levy fuch fine or fines, by order of the faid court of mayor and by djitrefs
aldermen, or juftiqes as aforefaid, refpeaively by diftrefs and fale ana ui*,
of the offender's goods, together with the reafonable charges of
every fuch dil^refs and fale, returning the overplus (if any) to
the owner s and all fuch lines (hall be applied to the purpofes of
|:his a6l.

XVII. Provided always. That in cafe any place or places in Damages how
quertion, for which a fatisfadion for damages or recompence is to be afcer^
to be made by virtue of this ad, (hall lie partly in the city of tamed.
London and partly in the county 0^ Middle/ex, fuch fatisfa^ion

pr recompence (hall be enquired of and afcertained by a jury of
the city of London ; and in cafe any fuch place or places Ihall lie
partly in the. county of Middhfex and partly in the county of
Surrey^ the fame (hall be enquired of and afcertaiaed by a jury
qr juflices of the county of Middlefex,

XVill. And be it further enacled by the authority aforefaid, Prkes oFcar,
That the mayor, aldermen, and commons, of the city oi Lon- riage, and
^on, in common council afTembled, (hall have power and autho- ^^^''^^J'^cn^^^^
rity, and they are hereby authorifed and impowered to alTefs and the naviga-
rate the prices of the carriage, and the rates or fares to be given tion,
for the ufe of any horfe or horfes employed on the faid .naviga-
tion, from the city of London to the city ftone above Stames
Bridge aforefaid, and back from thence to the faid city of Lon-
don y and to and from anyplace or places upon the faid river of

Hosted by Google

on public
places on the
banks of the
river, &cc.

'5S^ Anno decimo quirto Georgh III. 0,91. [1774*

Thames^ between the city of London and the faid city ftone, to
any other place or places within the lini^its aforefaid, in fuch
to be affixed bpats^ barges, and other vefTels j and (hall give pubhck notice
^'^ '^"^^'"^ in writing, to be affixed up at the feveral market places, or
church doors of fuch towns and parilhes on the banks of the
faid river of Thc27nes^ within the limits aforefaid, as they Oiall
think proper; and alfo to be printed and publifhed in fome of
the public news- papers, of v.hich publick notice the feveral
owners of boats, barges, and other veffels, navigating on the
faid rivers, as alfo all perfons who are employed in towing
barges, boats, or other veiTels, or who let out horfes for that
purpofe, are hereby required to take notice, as alfo of the rate^
and prices fo from time to time fet and affefled, and of all other
rates, fares, and prices, which Ihall, at any time or times here-
after, at fuch refpeclive meetings as aforefaid, be rated and
Boatmen or afieffed by virtue of this a6f : and if any owner and proprietor
bargemtntak- q^ any fuch barge, boat, or other veffel, fhall, at any time after

luSr^^Jf r'?^" the expiration of twenty days next after the publilhins; of fuch
liie fates icr, • 1 r 1 • r i i ir

t^ lorieit 20 1. notice, take ror the water carriage or any goods or merchandifes
^bove the rates and prices fo fet as aforefaid, or if any perfon,
employed in the towing of barges, or other veifels, (hall, after
the expiration of the faid term, take, for the ufe of any horfe or
horfes employed on the faid navigation, above the rates or fare
fo fet and aflelTed a$ aforefaid, every perfon fo offending fhah\
for ever7 [ucli offence, forfeit the fum of twenty pouhds ; w>hich
faid forfeiture (hrdl and may be recovered in a fummary way, by
information or complaint made to the faid mayor, or to any of
the aldermen of the city of London^ or to any one of his Majelly's
jufiices of the peace for tl.e county of Afuidlefex or Surrey \ and
Ihall go and he applied, one moiety to the informer-or informers,
and the other moiety to the party or parties aggrieved by any
fuch offence, and (hail and may be levied by dillrefs and fale of
. the offenders goods and ch;ittels, by warrant under the hand and
feal of the faicj mayor, or any one of the aldermen or jufiices of
the peace, as aforefaid.

XIX. And ivbtreas many irefpofjes hdv? bee?2 comrniited in th$
gardans and phntat'iorn of Morough O'Bryen efquire <y^TapIow-
Court, in tdu county -^/Biicks, by perjons belcnging to boats^ barges^
vejj'eh^ or floats^ which anchor^ nioor-^fajhn\ or I'le^ in Taplow Mill
Stream ; be it therefore enacled by the authority aforefaid, That,
from and after the palTirig of tins a(5l, it fhall not be lavvful for
any perfon or perfons wh^ffoever, upon any pretence whatfo-
ever, to anchor, moor, or faflen any boat, b^rge, veJlel, or float,
or to lay with any boat, barge, veffel, or float, in any part of
Taplow A^ill Strcum^ between the lock in the faid dream and a
mea'dow called Qcmafl) Meadow: and in -cafe any boat, barge,
\^{\d^ or float, fhall be unchored, moored, or f3i1:ened, or fnall
be laid in any part of Toplovj Mill Stream aforefaid, betv>?een the
lock in th.e faid ft 1 earn a:;d the faid meadqw calied Clcniap I\^1(d-
ioiv^ the mafter or owner of any fuch boat,, barge, veiTel or fioat.
rj: ih^ peripn iiaving the care or conduct oi any fuch boar^

barge^

One moiety
to the intor-
Kier, and the
ociitr to the
p^rty aggnev

No perfon to
moor ar Tap-

]o\*' Mill

Hosted by GoOgk

1774-] Anno decimo quarto Georgii III. C.gr. 587

barge, veffel, or float, (hall, for every fuch offence, forfeit and

pay the fum of five pounds ; to be levied and recovered by the on penalty

fame ways and means, and in fuch manner^ as any penalty or ^f 5^*

forfeiture inflix^ed for any offence againfl: the faid former adl can

or may be levied and recovered, and (hall be applied, one moiety

to the informer, and the other moiety for the purpofes of the

faid navigation.

XX. Provided alfo, and be it further enacled by the authority Perfons a^-
aforefaid, That in cafe any perfon or perfons (hall think him, grieved, may
her, or themfelves, aggrieved by any orders or proceedings of fff ua^^er
any juftice or judices of the peace, which (hall be made or had f^Q^ons.
under this 3^51:, it fnall and may be lawful for fuch perfon or
perfons to appeal to the juftices of the peace, at the next general
quarter feffions of tlie peace, to be holden for the faid city of
London^ or the faici county of Adiddlcfex^ of the faid county of
Surrey^ as the cafe may be : and the juftices, at fuch faid general
quarter feffions, are hereby required to hear and finally deter-
mine every fuch appeal and appeals, and (hall award to the party
or parties for whom fuch appeal fhall be d-Jtcrmined, fuch cofts
as to them in their difcretion (hall feem reafonable ; and fhall
ralfe and levy, by their order or warrants, fuch cofis as fhall be
awarded by ditlrefs and fale of the goods and chattels of any
perfon or perfons who fhall be, ordered to pay the fame.

XXL And be it further enaded by the authority aforefaid. Proceeding^
That no order which (hall be made by any juftice or juftices, by not to be
virtue of or under this ^6V, or any other proceedings to be had, q^^Qied for
touching the conviction or convidions of any offender or of- ^^^ ^ ^^'***
fenders againft this a6l, (hall be qua(hed or vacated for want of
form only, or be removed or removeable by Certicrarij or any
pther writ or procefs whatfoever, into any of his Majefty's courts
of record at Wefiminftcr.

XXII. Provided alfo, and be it further enacted. That no Writings may
contract, agreement, affignment, entry, copy, or proceeding, be without
by this a6t directed or authorifed to be executed, made, or (^^"^ps«
given, (hall be charged or chargeable, or fubjedt, or liable, to
any duty whatfoever,

XXIIL And be it enacfted by the authority aforefaid. That Limitation of
)f any action fhall be broviglu or fuit commenced, againft any anions.
])erfon or perfons, iox any thing done in purfuance oi this adt,
OK in relation to the premifes, or any of them ; every fuch
adtion, or fuit, (hall be laid or brought withm fix calendar
rnonths next after the fad done, and (hall be laid or brought in
the city of LondoUy or the county where the miitter ihall arife,
and not eu^ewhere ; and the defendant or detendantSj in iQeh.
action, may plead the general iffue, and give this acl\ zno. the Generaiiffue,.
fpecial matters, in evidence, at any trial to be liad (hereupon,
and that the fame was done in purfuance and by the auiliority
of this ad ; and if the fame (hall appear to have been lo doiie,
or if any fuch adion or fuit (hall not be brouglvi wjthia the time
before limited, or ihall be brought in any otricr city., county, or
place, than as aforefaid^ then the jury fliall fiA^cl for tUc defend -

aat

Hosted by Google

Treble cofts.

Publick aa.

Preamble.

5^^ Anno dccJmo quarto Georgii IIL C. 92. [1774-

ant or defendants ; or if the plaintlfF or plaintiffs (hall become
nonfuited, or luffer a difcontinuance of his, her, or their aaion
or adionss or if a verdid (haH pafs againft the plaintiff or
plaintiffs 5 or if, upon demurrer, judgment fhall be given ao-ainft
the plaintiff or plaintiffs, the faid defendants fhall have treble
cofts, and (hall have fuch remedy for recovering the fame, as
any defendant or defendants hath or have for cotls in other cafes
by lav^.

XXIV. And be it farther enaded. That this adl /hall be
deemed, adjudged, and taken to be a publick ad; and (hall be
judicially taken notice of as fuch by all judges, juftices, and
other perfons whomfoever, without fpecially pleading the fame,

C A P. XCII.

J/2 an for reguhthig and afcertaining the weights to be made ufe of
in zueighi?2g the gold and fiver coin of this kingdom,

Mojl gracious Sovereign^

WHEREAS fome provifon is necejfjry for regulating and
afcertaining^ according to the efablif)edjianc\ard of your
Majeflfs mint^ the zueights to be made ufe of in zve'ighing the gold,
arid fiver coin of this realm^ and it is highly expedient^ for the pre-
vention of frauds^ that the uje of all other weights^ which are not jufl
and true^ according to the faid jiandard^ fiould be difalloz^^ed , may it
pJeafe your Majefty that it may be ena^Sled ; and be it enadted
by the King's moft excellent majet^y, 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
Warden of the fame, That it (hall and may be lawful for the warden, mafter,
jT>jnr, &c. to atid comptroller, of his Majefty's mint, with the affiftance of
niake weights ^j^^ Kiup^s affay mafter, and they arc hereby authorifed and re-
or a guinea, a -i-iii ' i r.i i

fhilhng, and q^^^ed. Without delay, to make, or caule to be made one weight

ir.uhiples of the piece of gold coin of this realm commonly called a

thertotj guinea, and alfo one weight of the piece of filver coin of this

realm called a ftiillihg, according to the eftablifhed ftandard of
his Majefty's mint, and alfo other weights, being parts and mul-
tiples of the faid guinea weight and (hilling weight refpedively ;
which weights, together with their report of the truth and ac-
curacy thereof, they are hereby required to tranfmit to the clerk;
of his Majefty's council in waiting, in order to be laid before his
Majefty in council ; and in cafe the faid wei-ghts fhall be ap-
proved of and confirmed by his Majefty in council, the fame
fliail be reputed and accepted in law to be the ftandard weights
of the gold and filver coin of this realm refpedively, and the
to be reputed {^^^q d^^ii be lodged in the joint cuilody of the warden, mafter,
j axcard ^^^ comptroller of his Majelly's mint for the time being.

II, And be it further ena61ed by the authority aforefaid. That
the faid warden, mafter, and comptroller, of his Majefty's mint,
with the affiftance of his Majeiiy's affjy mafter, fhall make, or
caufe to be made, in like manner, exacfl duplicates, or copies,
of the faid ftandard weights of a guinea, and of a ihilliag, and

of

which they are
to tranfmit to
the cleric of
council ill
waiting ;
and the fame
being con-
firmed by his
Mafeily, are

weights.
Duplicates
thereof to be
made by the
faid warden.

Hosted by Google

i774'l Anno dedrno quarto GeorGII III. C.92. 5^9

of the parts and multiples thereof, as aforefaid ; and if any of
the faid duplicates, or copies, fhall hereafter, by any accident,
be deftroyed, loft, or impaired, the warden, mafter, and comp-
troller, of his Majefty's mint for the time bemg, with the affift-
ance of the King's affay mafter, are hereby authorifed and re-
quired in like manner, to make, or caufe to be made, other
€xaa duplicates, or copies, of fuch of the faid ftandard weights
of a o;uinea, and of a (hilling, and of the parts and multiples
thereof, as (hall happen to be deftroyed, loft, or impaired ; all
which duplicates, or copies, fliall belaid before his Majefty, his
heirs and fuccedors, in his or their privy council, in manner
herein-before directed; and in cafe the fame ftiall be approved
of and confirmed by his Majefty, his heirs and fuccefTors, m his
or their privy council, they ftiall then, by the faid mafter, war-
den, and comptroller, be delivered to and lodged in the cuftody
of an officer, to be from time to time appointed by his Majefty,
his heirs or fuccefTors, for that purpofe, under his or their figa
manual, during his or their royal pleafure, with a falary not ex-
ceeding the yearly fum of two hundred and fifty pounds, to be
ilFued and paid by the warden of his Majefty's mint, out of the
monies arifing by the coinage duties.

III. And be it further enadfed by the authority aforefaid. That Warden, Sec
it fliall and may hs lawful to and for the warden, mafter, and to compare
comptroller, of his Majefty's mint, and they are hereby autho- y^^J^f ^^^^^^
rifed and required, once, or oftener, in every year, by warrant

under their hands, to fummon and require fuch officer, fo to be
appointed by his Majefty, to appear before them, and produce
the faid duplicates, or copies, of the faid ftandard weights of a
guinea, and of a (hilling, and of the parts and multiples thereof,
as aforefaid, and the fame to examine and compare with the
ftandard weights herein-before direded to be lodged in the
cuftody of the warden, mafter, and comptroller, of his Majefty's
mint for the time being.

IV, And be it further enaded by the authority aforefaid, After Dec, 51,
That from and after the thirty-iirft day oi December^ one thou- i774.> all the
fand feven hundred and feventy^four, all weights to be made ufe ^^^^(1^;^'^^
of for weighing the faid gold and filver coin, flnall be regulated ^ *
and afcertained by the duplicates, or copies, of the faid ftandard

weights of a guinea, and of,a fhilling, arvd of the parts and mul-
tiples thereof refpedively, lodged in the cuftody of the officer
before mentioned; and after having been tried and compared
therewith, and found to be juft and true, ftiall, in teftimony
thereof, be marked by the faid officer with a ftamp or mark, or
ftamps or marks, to be approved of by the mafter of his Ma-
jefty's mint 5 which ftamps or marks the faid officer is hereby
directed to provide: and, in order that the impreffion or im- and defcribed
prclfions made thereby may be known to all his Majefty's Tub- publickly.
jeds, the faid ofticer is hereby alfo direded to publifti a defcrip-
tion of theiame, by advertifements, in the London Gazette^ three
times at leaft before the faid thirty-firft day of December^ one
thoufand feven hundred and feventy-fouri and the faid officer

IS

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59^ ^^^^^ decimo quarto Georgti IIL c.92. [1774,

5^ hereby required, upon application made to him at all feafon.'

abie hours to (lamp or mark, in manner aforefaid, all weiehts

to be ufed for weighing the faid gold and filver coin, which Ihall

be t)rought to him for that purpofe, and which he (hall find to

.f ^A ^l''^}'''^: according to the faid duplicates, or copies, of

the ftandard weights of a guinea, and of a (hilling, and of the

parts and muhiples Hiereof refpedively, hereby directed to be

V, ^ 1^ 1^ '"^ .r '"'^^^^y> without fee or reward, and without wilful

^Ztl\oh, ttV 'r fr '",^ ^ft^^^^^^e faid thirty.firftdayofi)..,;;;'.^,

7lotdln r?r ,"^'^l^n'r ^^'^'^'^^ '"^ fevenry-four, no other weights

law. ^'^\ ^''^^'' ^5 ^^3^^ he juft and true, accordin^r to the weicrhts with

and by which they are hereby drreded to be compared and af-

certained, and [hall be marked in manner before mentioned,

ihall be reputed or accepted in law to be true, or of any effea

for determining the weight of the gold or filver coin of this

realm.

Perfonscoun- V. And it is hereby further ^naded, That if any perfon or
leufnrrt^^^^ ^''^T ^^''' ^°'^' ^' Counterfeit any liamp or mark, (o refemble
A^mps, ^ ^r^lr'^^ pr mark provided or ufed in purfuance of this ad, or
Ihali counterfeit or refemble the impreffion of any fuch (lamp or
mark, as aforefaid, on any fuch weight or weights, as aforefaid j
or Ihall utter, vend, or fell, any fuch weight or weights, with
the impreffion of fugh counterfeit ftamp or mark thereupon.
Knowing the fame to be counterfeited ; or ihall wilfully increafe
or diminifti any fuch weight, after it has been ilafnped or mark-
ed in manner before direded ^ or (hall make ufe of any fuch
weight in weighing the gold and filver coin of this realm, know-
fhsll forfeit mg the fame to have been fo increafed or diminilhed • everv

^n\^lforT' ^"^'J' P^'^^" '""^ P^'^"°"' ^'^'^' ^^^ ^""^'y ^"^^ ^ff^nce, upon conl
«ionth5. ''-''^''''' thereof, before any two of his Majefty's juftices of the

peace of the county, divifion, or place, where fuch offei\ce fhal]
be cpmnjitted, who are hereby authorifed and direaed to en-
quire into the fame, forfeit and pay any fum not exceeding the
fum of fifty pounds, at the difcretion of the faid juftices ^ one
moiety thereof to go to his Majefty, his heirs and fucceflbrs, and
the other moiety to him that Ihall inform or fue for the fame;
and, on default of payment, it (hall and may be lawful for fuch
jullices of the peace to commit every fuch offender to the com-
mon gaolj or houle of corrediion, for any time not exceeding
three months.
Not to abridge VI. Provided always^, and be it enabled. That nothing hereiti
the letteri contained (hall extend, or be conftrued to extend, to take aw ay
Tto^rVe^ ^^^' ^'' ^^''^^g^ ^"y rights,, powers, privileges, or profits, granted by
founders com- ^\^^ ^^^^ majetiy King James the Fird, by letters patent, in the
papy. twelhh year of his reign, to. the mafier, wardens, and com-,

monalty of the myflery of founders of the city of Londo?i^ anci
which liu^y may lawfully claim or enjoy, with refped to the fiz-
ing and marking of all manner of brafs weights made or wrough't
within the faid city o\ London^ or within three nfiles compafs
thereof, or which (hall be fold, uttered, or kept for file, withi^
the faid cit^ oi London y ox three miles compafs thereof.

I VILPfo.

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1774-1 A^^^ declmo quarto GeoRGIi III. G. 93-— loa 59^^

VIL Provided neverthelefs. That the weights herein-be- ^^^^{j^f ^^e
fore direded to be made ufe of for weighing the gold and filver ^^^/^ ^^^^
colli of this reahn, after haying been fized and marked accord- marked, they
ing to the diredions of the faid charter, be carried to be afcer- aretobe afcer-
tained and marked in manner herein-beforedireaed, ^V thetaine^^
officer a'ppointed by his Majefty for that purpofe, m purfuaace
of the powers given by this ad. / ^

C A P. XCIIL

An aa for rebuilding- the church of the parijh ^/Xewifham, in tU
., .i. , county of YLtnx, : ■

c A P. xciv;

Jn ai9. for eftahlifljing a new church or chapel erefllng at Taxteth
■ Park'^./;^ the par if) of, Wahon, near Liverpool, in the CGuHty
palatine of LcinczilcT, ,

CAP. XCV.

Jn dB for rebuilding the^pari/h church ^/ Ba'tterfea, in tJu^ county of
Surrey, and for enlarging the church yard of the faid parijh church.

■ ; "^ c A p. xcvi. ^

An g61 to amend an aB^ pajed in the tenth and eleventh years of 'the
reign of King William' the Thirds intituled, An a6l for the
making and keeping navigable the rivers o^ Aire and" Calder^
in the county of York ; and for improving the navigation of the.
faid river hix^^from Weeland to the rimr Ouze 5 and for mak^
ing a navigable canal from the /aid riv^r K\xq^ at or near Haddle-
fey, to the river Ouzq, at the Old Brick Garth at Ouze Gate
End, within the townjhip of ^dhy^ in the faid coimtp^ and for

• other pur p of es.

CAP. xcvir.

An a5l to continue^ amende and render more effeBual an aB^, mads
in the fix th year of the reign of ^ his prefent M^jejiy\, for repair-
ing the road from the turnpike at Tunbridge fVells^ in th<3t
county of Kent^ to Ringles Crofs, near Uckfeld^ m the coun-
ty of Suffex*

GAR XCVIII.

An a5l io enlarge the term and powers of an a5l^ made in the thirty^

■ fecondyear of his late Afajefty^ for repairing and widening the high
road from Wetherby to Graffington, in the county of York.
CAP, XCIX,

An aSf for enlarging the term and ppwers of an aBy mads in the
twenty-eighth year of his late Majefty^ for repairing and widen-
the roads from the town of Manchefter to the town of Roch^
dale^ and from a place called The White Smithy^ in the town-
fhip of CrUmpfdU to the town of Buryiy and from a place cal-
led Bejfes of the Barn to Ratcliffe Bridge^ in the county pala-
tine of Lancafer ; afidfor impoivering the trufees under the faii'

' a5l to repair a lane called Sheepfoot Lane, in the faid county,
C A P. C.

An oB for enlarging the term and powers of an a^^ pajjed in the
twenty ftxth year cf^ the rei^n of his late majefly Kin^ CjQorgQ the

SecQ-nd^

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m

592 Anno decinio quarto Georgii III. c. lor — 105. [1774,

Semid, for repairing and lOidening the roads from Hen (hall's
Smithy, upon Cranage Green, through the town of Nether
Knutsford, and by the fouth guide poji in Mere, and Bucklow
Hill, to the town of Altrincham, in the county palatine of Chefter ;
and from the faid guide poft to Warrington, in the county ^/Lan-
cafter ; and from Bucklow Hill aforefaid, to Penny's Lane, nedr
North wich, /// the faid county ^/Chefter.

C A P. CI.

Jn an for repairing and widening feveral roads near the towns of
Hockerton, Kirklington, Southwell, Normanton, a?id Wink-
bourne, in the county of Nottingham,

CAP. ClI.

An an to enlarge the terms and powers ^f two q51s^ made in the
twenty ftxth and twenty -fevenih years of the reign of his late ma-
jefty King George the Second^ for repairing^ feveral roads leading
into ^ the city of Glafgow, fo f&r as the fame relate to the road
hading from the faid city ^/Glafgow, through Cawcaddens, to
that part of the water of Kelvine, called The Milnford of
Garfcube.

c A P. cm.

An an for explaining and amending an an^ made in the thirty-fecond
year of his late Majefiy^ for improving the navigation of the

. river Clycte^^ to the city of Glafgow ; and for building a brido;e
crofs the faid river, from the faid city to the village of Gor-

■ hells \ and part of another an, made in the- eighth year of his prefent
Majejly^ for explaining and amending the faid an -, and for re-
fairings zoidening^ and enlarging^ the old bridge aero fs the river
^ Clyde, from the city ^/Glafgow to the village of GovbcWs.

C A P. CIV. ^ .

Jn an to enlarge the term and powers of an an, made in the twen*
eighth year of the reign of King George the Second^ far repair^

■ ing and ivideaing the road from Bafingftoke, through Wortin,
Overton, Whitchurch, Hulband Priors, Andover, and iMid-
dle Wallop, in the county of Southampton, to a place called

■ Lobcomb Corner, in the parifh of WmiQxbiQy^y in the county
^ Wilts, for including the road from Spittle Houfe, over Wcy-
hill, to Mullens Pond, as direned by an an^ made in the twen-
ty- ninth year of his faid Majejly, and for amending the roads

from Andover, through Charlton, towards Tangjey, and from
Charlton to Clanfield Bottom, and from Weyhill /<? Sarfon
Street, and alfo the road through the faid town ;?/ Bafingftoke.
C A P. CV.
An an to continue the terms of two ans^ made in the twenfy-fxth
and tiventy-feventh years of the reign of his late majeffy King
George the Second^ for repairing feveral roads leading into the
city of Glafgow, y3/7r as the fame relate to the roads from the
city ^/Glafgow, to Yocker Bridge, to Renfrew Bridge, to the

■ Three Mile Hoiafe, to the town of Airdrie, and from the vil-
lage ^/Gorbells to The Chapel of Cambuflang, /;; the coun-
ties of Lanerk and Renfrew*

CAP.

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I774'] Anno decitno quarto GeoRGII IH. c. io6— iia, 593

CAP. CVI.

An a^ for recovering^ imprdving^ and maintaining the navigation of
the havm of Hedon, in HoldernefTe, /« the eaji riding of the
county of York.

C A P. CVII.

An a^ for draining and preferving the low grounds and carrs, vjith^
in the pari/hes, town/Inps, and places of Wine/lead, Pattring-
ton. South Frodingham, Flollym, Rimfwcll, Owthorne
other wife. ^^zihomQ, Withernfea, Ingland Hill, ondWzlk^v
Fields, /;2 HolderneiTe, in the eaft riding of the county of York,

CAP. CVJII.

An an for better governing and employing the poor^ and making
and colleSling the poor's rates^ within the parijhes <?/ Saint Giles
in the Fields, and Saint George Bloomfbury, in the county of
Middlefex.

C A P. CIX.

An a Si to enlarge the term of an a5l^ made in the feventh year of the
reign of his prefent Majefty, for repairing and widening feveral

■ roads f leading from the town of K-^x,^ and other roads therein
mentioned^ in the county of Ayr ; and for repairing and widening
certain other roads within the f aid county of Ayr.

CA F. ex.

An a5l to enlarge the term and powers of an a5l paffed in the thirty--

■ third year of the reign of his late majefly King George the Second^
for repairing and widening the high roads from Hinckley to
Woeful Bridge \ and alfo from floo-afJ) Lane^ through Old
Lane^ and from Swannington to Lee Gutter^ and from thence
to Melborne Common ; and from Ihjlock to Meajha?n^ in the
counties of Leicefler and Derby ; and for repairing and widen-
ing the road from Phiney's Houfe, in t^he liberty of Ofbaflon,
to Chefire's Houfe, //; the liberty of Carlton, and alfo the road
from the turnpike road at Swannington, along Burton's Lane,
to the Coal Fields ; and alfo the road from the toll-gate in Old
Lane to the Leicefter and A(hby-de-la-zouch turfipike roads.

C A p. CXL
An a5l to enlarge the term and poivers of fo much of an aSi of par-

■ liament^ made and paffed in the twenty '7nnth year of the reign of
his late majefly King George the Second, for repairing and widen-
ing feveral roads therein mentioned^ from the town of Tew kef-
bury, in the county of Gloucefter, as relates to the fecond di-

Jirih or roads therein mentioned \ and to amend the road from El-
ftone church to the turnpike road from Cirencefter to Gloucefter,
near a place called Comb End Beeches, in the faid county of
Gioucefter.

C A P. CXIL

An aB for . continuing,, altering,, and amending an aSf^ made and

paffed in the tiveJity-fuxth year of his late majefty King George

the Second^ intituled^ An aft for repairing and widening feveral

I roads.

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594 ^^^^^ decimo qilarto GEoftGii lit. <;. 113—118. [17^74;

roads leading from the town of Bewdly^ in the county of
IVorcefter^ to the feveral place's therein mentioned, in the
counties of Worcejier and Salop refpedively^

C A P. CXIIL-

An a5l for enlarging the tertri and powers of an a5f^ made In the tlxien-
ty-ftventh year of King George the Second^ for repairwg a?id
widening the road from the borough of Leicefter to and by thii
north fide of the town ^/Uppingham, in the county ^/Rutland,
and to Wansford, in the county of Northampton; and from
thence /^Peterborough, in thefaid county ^/Northampton ; and
for repairing the road from the termination of the f aid road at Pe-
terborough to the market place there,

C A P/ CXIV.
An atlfQr enlarging the term ajtd powers, of fo much ofafiail^ made
in the fourth year of the reign of his prefentMojefiys as relates to '
the road fro?n the town of Rotherhan)^ in the county of York,
tv the turnpike road at the eaft end ^/ Tankerfley Park, in ths
Jaid county.

CAP. ex?.

An Oct to enlarge the term and povueri of an a5f^ made in the tivenfy^
fecondyear of his late majefly King George the Second^ for repair-
ing the road from North Shields, in the county ^/Northumber*
land, to the town of Newcafcle upon Tyne.

'^ C A P. CXVL

An afl for impoiuenng the trujlees for repairing the road from the-
Jiones end in Saint Leonard Shoreditch^ to the fur therm of part
cf the northern road^ in the par if j i?/ Enfield, in the county of
Middlefex, to caufe part of thefaid road to be lighted^ zvatched^^
and watered ; andp'or lighting^ watching^ and zuatering the parijh.
of Saint Mary Stoke Newington,- in the fid county,
CAP. CXVIL

An aSf to enlarge the term and poivers of an a^^ poff^d in the ninth
yenr of his prejent Alajefy^ for repairing and widening the road
from Beverley to the ferry at Hefsle, and from the Mahoa
guidepofl to the gravel pit at Cottingham, in the county ^York;
and for repairing and ividening other roads therein mentioned,
CAP. CXVIII.

An aJl for continuing the term and enlarging the powers granted by
an a^y poffed in the twenty -eighth year of his late Majeftfs reign^
for repairing ti^e road from the north end of Broivns Lane^
in Great Stoughton^ in the county of Huntington^ through
Kimbolton and Higham Ferrers^ to the way-poft near Welling-
borough Bridge in the county oV Northampton^ and from the
pound in Kivibolton to the way-poli in Great Cativorth Fields
near Brington Bridge ^ in the faid county of Huntingdon ; and
for repealing fo much of an aft of the tenth year of Ins prefent
Majeftys reign^ as relates to the road betiveen the north end of
^ProYvn's Lane and thefouth end thereof.

The End of the Thirtieth VOLUME.

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A 563930

UNIVERSITY OF MICHIGAN

3 9015 03974 1080

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