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William III, 1697-8: An Act for raising a Sum not exceeding Two Millions upon a Fund for Payment of Annuities after the Rate of Eight Pounds per Centum per Centum per Annum and for settling the Trade to the East Indies. [Chapter XLIV. Rot. Parl. 9 Gul.III.p.7.n.4.]

Pages 429-446

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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We Your Majesties most dutiful and loyal Subjects the Commons in Parliament assembled considering Your Majesties extraordinary Occasions and being desirous to supply the same in such manner as may be least grievous to Your Majesties Subjects do humbly present Your Majesty with the further Gift of the Impositions Rates and Duties herein after mentioned and do beseech Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That there shall be throughout the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed raised levied collected and paid unto His Majesty His Heirs and Successors for Salt the several additional Rates and Duties herein after mentioned (over and above all other Duties already payable for the same by any Act or Acts of Parliament before this time made and now in force) that is to say.

An additional Duty of 5d. per Gallon on Salt imported, from 1st July 1698 to 25th Dec. 1699;

For every Gallon of Salt that from and after the First Day of July One thousand six hundred ninety eight and before [the (fn. 1) ] Five and twentieth Day of December which shal be in the Year of our Lord One thousand six hundred ninety nine shall be imported into the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed the Sum of Five Pence of lawful English Money to be paid by the Importer and Importers thereof and after that Rate for a greater or lesser Quantity.

and from 24th Dec. 1699 for ever, 7d. per Gallon.

And for every Gallon of Salt that from and after the Four and twentieth Day of December which shall be in the Year of our Lord One thousand six hundred ninety and nine and in all times coming from thenceforth for ever shall be imported as aforesaid there shall be paid to His Majesty His Heirs and Successors as a perpetual Duty the Sum of Seven Pence of like Money to be paid by the Importer and Importers thereof and after that Rate for a greater or lesser Quantity.

For Home-made Salt, from 1st July 1698 to 25th Dec. 1699, 2½d. per Gallon.

And for every Gallon of Salt and Rock Salt that from and after the said First Day of July One thousand six hundred ninety eight and before the Five and twentieth Day of December [which shall be in the Year of our Lord (fn. 2) ] One thousand six hundred ninety nine shall be made at the Salt Works or taken out of any Salt Pitt or Pitts within the said Kingdom of England Dominion of Wales and Town of Berwick upon Tweed or sold or delivered from the same there shall be paid to His Majesty the Sum of Two Pence Halfe peny of like Money and after that Rate for a greater or lesser Quantity.

And from 24th Dec. 1699 for ever, 3½d. per Gallon; subject nevertheless to Redemption.

And for every Gallon of Salt and Rock Salt that from and after the Four and twentieth Day of December One thousand six hundred ninety nine and in all times coming from thenceforth for ever shall be made at the Salt Works or be taken out of any Pitt or Pitts within the Kingdom Dominion or Town aforesaid there shall be paid to His Majesty His Heirs and Successors as a perpectual Duty the Sum of Three Pence Halfe peny of like Money and after that Rate for a greater or lesser Quantity which said Duties upon Salt hereby granted shall nevertheless be subject to such Condition and Power of Redemption as are hereafter in this Act conteined.

II. The Duty on Foreign Salt to be paid by the Importer.;

Imported Salt landed before due Entry, &c. forfeited, and Penalty.; Importer giving Security, to have Six Months for Payment; and at the Rate of £10 per Cent. per Ann. for ready Money.

And be it further enacted by the Authority aforesaid That the several Duties hereby set on all Foreign and imported Salt shall be from time to time satisfyed and paid by the Merchant or Merchants Importer or Importers of the same in Ready Money upon his or their Entry or Entries made and before the landing thereof And that in case any Foreign or imported Salt shall be landed or put on Shore out of any Ship or Vessel from beyond the Seas before due Entry be made thereof with the Collector or Officer appointed or to be appointed for the said Duties on Salt in the Port or Place where the same shall be imported or before the Duties hereby imposed be fully satisfyed and paid or without a Warrant for the landing or delivering of such imported Salt first signed by the Hand of the said Collector or Officer for the said Duty on Salt in the said Port and Place respectively That all such imported Salt as shall [be (fn. 2) ] landed put on Shore and delivered contrary to the true Intent & Meaning hereof or the Value thereof and also Ten Shillings for every Bushel of such Salt so landed put on Shore or delivered and so in Proportion for any greater or lesser Quantity shall be forfeited and lost Nevertheless that all and every Person and Persons importing any Salt into this Kingdom for which the aforesaid Duties are payable by this Act shall have Six Months time for the Payment thereof from the time of the Importation giving Security to the Person appointed to collect the same And in case such Importer shall pay Ready Money he shall have after the Rate of Ten Ponnds per Centum per Annum out of the said Duties abated him.

III. The Duties to be managed by Commissioners of Excise; and Officers appointed by them.

How Penalties sued for, &c.; 12 Car. II. c. 24.

And be it further enacted by the Authority aforesaid That all the said Duties on Salt shall from time to time for ever be within the Receipt Management and Government of the Chief Commissioners and Governors of the Receipt of Excise for the time being And that all Collectors and other Officers necessary for the ascertaining collecting [and (fn. 3) ] receiveing of the said Duties upon Salt shall be constituted and appointed under the Hands and Seals of the said Commissioners and Governors of the Receipt of Excise for the time being or the major part of them And that all Penalties and Forfeitures by this Act imposed concerning the said Duties upon Salt shall be sued for recovered levyed and received or mitigated by the same Means Rules Ways and Methods as any Penalty or Forfeiture is to be sued for or recovered as is mentioned expressed or directed to be recovered in and by one Act of Parliament made in the Twelfth Year of the Reign of the late King Charles the Second intituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and settling a Revenue on His Majesty in lieu thereof or by any other Law or Statute now in Force relating to the Revenue of Excise and that as fully and amply to all Intents as if the several Clauses in the said Acts or any of them contained were herein reenacted or repeated.

IV. Makers and Proprietors of Salt to make true Entries with the Officers; and to take Warrant for removing Salt, gratis; upon Payment of or Security for Duty within Six Months after Entry.

And be it enacted That all Makers and Proprietors of Salt and Rock Salt within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall from time to time make true Entryes with the said Officers so to be appointed as aforesaid some or one of them of the Quantities of Salt so by them made or taken out of any Pitt or Pitts and delivered or imported as aforesaid And shall likwise have a Warrant or Ticket under the Hand and Seal of some one of the ( (fn. 4) ) Officers impowring such Maker or Proprieter of Salt to carry away the same before such time as the said Salt made or taken out of any Pitt or Pitts within any the Places aforesaid or any part thereof shall be removed or carryed from the respective Salt Works or Pits under the several Penalties and Forfeitures herein after mentioned which said Warrant the said Officers are hereby required to give gratis and without Delay unto the said Makers or Proprietors of such Salt upon Payment or giving Security for the Payment of the Duties hereby granted within Six Months after such Entry made which Security the said Commissioners and Officers are hereby authorized and required to accept upon such Entry as aforesaid.

V. Discount at the Rate of £10 per Cent. per Ann. for ready Money.

Provided always That if any Person or Persons at the time of the Entry and Delivery of his or their Salt shall pay down the Duty hereby imposed such Person or Persons shall be allowed at the Rate of Ten Pounds per Centum per Annum for the same.

VI. Officers may seize Salt conveying away before due Entry made, and without Warrant for Removal.

How seized Salt to be disposed of.; If not claimed within Ten Days, forfeited, &c. One Moiety to the King, the other to the Seizer; or if claimed without Proof of Entry upon Oath, forfeited, as aforesaid.; Carrying away Salt before Entry and Warrant had; forfeited, and Penalty.

And be it further enacted by the Authority aforesaid That it shall and may be lawful for the said Officers so appointed to seize all such Salt wth. shall from and after the said First Day of July One thousand six hundred ninety eight be conveying or conveyed by Day or by Night either by Land or by Water before due Entry be made of such Salt without Warrant Ticket or Licence obtained from the Commissioners of the said Dutyes upon Salt granted by this Act their Collectors or Officers or some or one of them as aforesaid for the conveying or carrying the said Salt And the Salt that shall be so seized shall be brought to the Office appointed for the same Duties next adjoyning to the Place where such Salt shall be seized there to be detained and kept And in case the Salt so seized shall not be claimed by the true and lawful Owner thereof or by one deputed under his or their Hand within Ten Days after Seizure the said Salt shall be absolutely forfeited to His Majesty His Heirs and Successors and shall be sold the next general Day of Sale to be appointed by the Commissioners or their Officers respectively after the said Days are expired the One Moiety or Half Part of the Proceed thereof (all necessary Charges being first deducted out of the whole) to be paid to the Use of His Majesty His Heirs and Successors and the other Moiety or Half Part to be paid to the Party or Parties who seized the same And in case such Salt so seized shall be claimed within Ten Days by the true and lawful Owner thereof or by one deputed thereunto under his Hand and if the said Owner or Claimer shall nevertheless neglect or refuse to make it appear before the next Justice of the Peace of the County where such Seizure shall be made by the Oath of One or more credible Witnesses Which Oath the said Justices are hereby impowred to administer) that the said Salt so seized was or had been duly entred and a Warrant Ticket or Licence obtained for the carrying and conveying the same as aforesaid that then the said Salt shall likewise be forfeited to His Majesty His Heirs and Successors And every Person who shall carry or convey or cause any Salt to be carryed and conveyed before due Entry made and Warrant or Licence obtained as aforesaid shall likewise forfeit to His Majesty His Heirs and Successors double the Value and also Ten Shillings per Bushel and after that Rate of and for such Salt so carryed or conveyed.

VII. Oath by Retailer or Shopkeeper that Duty paid or secured before Salt be shipped.

And be it further enacted That no Retailer or Shopkeeper shall be permitted to ship any Salt to be sent to any Port or Places within this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed before he hath made it appear by Oath or otherwise before the Commissioners for collecting of the said Duties granted by this Act or their Officers or some or one of them (which Oath they have hereby Power to administer) that the Duty of such Salt is paid or secured to be paid or that it was bought of some other Retailer or Shop-keeper that hath paid the Duty.

VIII. Masters of Ships, before Warrant for landing, &c. had, to deliver Particulars to the Collectors, and make Oath, as herein mentioned.;

If Ship be to deliver her Salt at different Ports, Officer to certify the same on Back of Cocquet.; Penalty.

And be it further enacted That all and every Master and Commander of any Ship or Vessell whatsoever that from and after the said First Day of July One thousand six hundred ninety eight shall transport or carry any Salt or RockSalt from one Port to another within this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall before he or they have any Warrant for the landing or delivering of such Salt (by him transported and carried on Shore in any Port) deliver to the Officers for collecting the said Duties granted by this Act in the said Port appointed to receive the same a true Particular of the Quantity so transported and carryed as aforesaid signed by the Officers for collecting the said Duties granted by this Act and by the Officers of the Customs of the Port from whence the said Ship or Vessel came And then the Master or his Mate or the Boatswain of such Ship or Vessel shall make Oath before the Commissioners for collecting the said Duties granted by this Act or their Officers or some or one of them (who are hereby impowered to administer the same) that to his Knowledge there hath not been laid on Board or taken into the said Ship or Vessel any Salt since he or they came from such Port as aforesaid And in case such Ship or Vessel be to deliver One Part of her Salt at one Port and another Part at another Port or Ports that then the Officers for collecting the said Duties and the Officers of the Customs when such Part of the said Salt shall be delivered shall certify on the Back-side of the Cockquet Transire or other Warrant or else by Certificate alone under the Hands and Seals of the Officers how much and what Quantity of the Salt mentioned in the Dockquet Transire or other Warrant from the Port from whence such Ship and Vessel came hath been there landed and delivered upon ( (fn. 5) ) Penalty of forfeiting Double the Value of the Salt that shall be otherwise delivered and likewise Ten Shillings per Bushel and after that Rate as aforesaid.

IX. No Fee for Debentures, &c.

And be it further enacted That no Fee or Reward be had or taken for making issuing or granting any Debentures Tickets Warrants or Licences concerning the Duties upon Salt but that the same be made issued and granted gratis and without Delay.

X. Allowances for Fish exported, viz.

Provided always and be it enacted by the Authority aforesaid That [for (fn. 6) ] all such Fish hereafter mentioned as shall be exported from any Port or Place in this Kingdom Dominion of Wales or Town of Berwick upon Twee into Parts beyond the Seas by any Person or Persons whatsoever the Rates or Sums of Money hereafter expressed shall by virtue of this Act be allowed and paid (over and above the Allowances for Fish by any former Acts now in being) that is to say.

For every Cask of Pilchards or Scads, from 1st July 1698 to 25th Dec. 1699, 20s.; and after 24th Dec. 1699, 28s

For every Cask or Vessel of Pilchards or Scads containing Fifty Gallons which shall be exported after the said First Day of July One thousand six hundred ninety eight and before the Five and twentieth Day of December which shall be in the Year of our Lord One thousand six hundred ninety nine the Sum of Twenty Shillings And for every such Cask or Vessel of Pilchards or Scads which shall be so exported after the Four and twentieth Day of December One thousand six hundred ninety nine at any Time or Times whatsoever the Sum of Eight and twenty Shillings and so proportionably for a greater or lesser Quantity.

For every Barrel of White Herrings, from 1st July 1698 to 25th Dec. 1699, 4s. 2d., and from 24th Dec. 1699, 5s. 10d.

For every Barrel of White Herring which shall be exported after the said First Day of July One thousand six hundred ninety eight and before the Five and twentieth Day of December One thousand six hundred ninety nine the Sum of Four Shillings and Two Pence And for every such Barrel of White Herring which shall be so exported at any Time or Times after the Four and twentieth Day of December One thousand six hundred ninety nine the Sum of Five Shillings and Ten Pence and so proportionably for a greater or lesser Quantity of White Herrings.

For every Barrel of Red Herrings, from 1st July 1698 to 25th Dec. 1699, 3s. 4d., and after 24th Dec. 1699, 4s. 8d.

For every Barrell of Red Herring which shall be exported after the said First Day of July One thousand six hundred ninety eight and before the Five and twentieth Day of December One thousand six hundred ninety nine the Sum of Three Shillings and Four Pence And for every Barrel of Red Herring which shall be exported at any Time or Times after the Four and twentieth Day of December One thousand six hundred ninety nine the Sum of Four Shilling and Eight Pence and so proportionably for a greater or lesser Quantity of Red Herrings.

For every Barrel of Salmon, from 1st July 1698 to 25th Dec. 1699, 8s. 4d., after 24th Dec. 1699, 11s. 8d

For every Barrel of Salmon which shall be exported after the said First Day of July One thousand six hundred ninety eight and before the Five and twentieth Day of December One thousand six hundred ninety nine the Sum of Eight Shillings and Four Pence And for every Barrell of Salmon which shal be exported at any Time or Times after the Four and twentieth Day of December One thousand six hundred ninety and nine the Sum of Eleven Shillings and Eight Pence and so proportionably for a greater [or (fn. 7) ] lesser Quantity of Salmon.

For every 100 of Codfish, &c. after 1st July and before 25th Dec. 1699, 25s., after 24th Dec. 1699, 35s.

And for every Hundred of Codfish Ling or Hake which shall be exported after the said First Day of July One thousand six hundred ninety eight and before the Five and twentieth Day of December One thousand six hundred ninety nine the Sum of Five and twenty Shillings And for every Hundred of Codfish Ling or Hake which shall be exported at any Time or Times after the Four and twentieth Day of December One thousand six hundred ninety nine the Sum of Five and thirty Shillings and so proportionably for a greater or lesser Number or Quantity.

For every Last of dried Red Sprats, after 1st July 1698, 6s. 8d.

For every Last of Dryed Red Sprats which shal be exported after the said First Day of July One thousand six hundred ninety eight the Sum of Six Shillings and [Eight (fn. 7) ] Pence and so proportionably for a greater or lesser Quantity.

Allowances to be paid in Port from whence exported, as herein mentioned.; Oath of Exporter that Fish were English-taken, &c. before Debenture allowed.; No Fee for Debenture.; Proceeding, where Officer has not sufficient Money to pay.; Officer refusing, &c. to pay Debenture, Penalty.

Which Allowances by this Act shall be paid by the Officer appointed to collect the Duties upon Salt payable by this Act in the same Port from whence any such Fish shall be exported within Thirty Days after Demand thereof on a Debenture to be prepared by the Collector of the Customs in the Port where such Fish shall be entred out for Exportation and verified by the the Person executing the Office of Searcher in such Port as to the Quantity of Fish actually shipped And that the Oath of the Exporter or Agent be first taken before the principal Officers of the said Port before the Debenture be allowed who are hereby required and impowred to give the said Oath That the Fish in such Debenture mentioned were English taken and really exported to Parts beyond the Seas and not intend[ed (fn. 7) ] to be relanded in England Wales or Berwick for which Debenture no Fee or Reward shall be taken And in case the Officer hereby directed to pay such Debenture shall not have sufficient Money in his Hands to pay the same then upon Certificate thereof by him made (which Certificate he is hereby required to give the Party gratis and without Delay) the principal Commissioners for [for (fn. 8) ] manageing the Revenue of Excise of His Majesty His Heirs and Successors for the Time being shall be chargeable with the said Payment to be made in course out of the first Money in their Hand arising out of the said Duties upon Salt. And any Officer neglecting or refusing to pay the said Money or to give such Certificate as is here directed shall forfeit double the Sum so to be paid to. the Party grieved to be recovered by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed.

XI. Officers to deliver Certificates of Duty paid, gratis.;

Debenture given on Production of Certificate, without Fee.; Upon Production of Debenture, Security discharged.

Provided always and be it enacted by the Authority aforesaid That if any Person or Persons shall export beyond the Seas ( (fn. 9) ) aswell Foreign as English or any Rock Salt the Officer of the Place where the said Salt was made taken out of Pits or imported and the Duty thereof paid or secured to be paid shall upon Demand deliver gratis and with[out (fn. 7) ] Delay a Certificate under his Hand and Seal That the Duty imposed by this Act on such Salt hath been duly paid or secured to be paid and then the Officer of the Place where the Salt is exported upon producing the said Certificate and Oath made of shipping off the said Salt and of its not being relanded in England or Wales shall give a Debenture under his Hand without Delay Fee or Reward for Repayment of the said Duty which being produced to the Officer of the Place where the Duty on the said Salt shall have been paid or secured to be paid such Security shall be discharged and all and every Sum and Sums of Money paid for the Dutie of the said Salt by this Act shall be repaid upon Demand by the said Officer without Fee or Reward.

XII. Salt not made in England, Wales, or Berwick, to pay as Foreign.;

Scotch Salt to be entered at Carlisle or Berwick.

And be it enacted and declared That all Salt imported or brought by Sea or Land into the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed and not of the Product of any of the said Places shall be adjudged and deemed to be Foreign Salt imported and shall be charged as such with the higher Duties by this Act charged upon Salt imported and that all Scotch Salt brought ( (fn. 10) ) by Land shall be entred at Carlisle or Berwick with the Officer or Officers for that Purpose there to be appointed under the Penalty of Forfeiture of Double the Value of and after the Rate of Ten Shillings per Bushel for such Salt so bought in.

XIII. In Action for executing Act,;

General Issue may be pleaded.; Double Costs.

Provided always and be it enacted That if any Person or Persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall or may plead the General Issue and give this Act in Evidence for his Defence and if upon a Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be nonsuit discontinue or forbear prosecuting the said Actions then such Defendant or Defendants shall have double Costs to him or them awarded against such Plaintiff or Plaintiffs for which Costs he shall have such Remedy as in other Cases where Costs are by Law given to Defendants.

XIV. No Writ of Certiorari to supersede Proceedings upon Orders of the Commissioners. &c.

Provided also and be it enacted that no Writt or Writs of Certiorari shall supersede Execution or other Proceedings upon any Order or Orders made by the said Chief Commissioners or Justices of the Peace concerning the said Duties upon Salt in pursuance of this Act but that Execution and other Proceedings shall and may be had and made thereupon Any such Writ or Writs or Allowance thereof notwithstanding.

XV. Salt delivered without Notice to Officer, Forfeiture and Penalty.

And be it enacted That no Salt shall be delivered from any Salt Works or Pitts without Notice first given to the Officer appointed for that Purpose upon Pain of forfeiting of the Salt so delivered and after the Rate of Ten Shillings per Bushel for the same to be recovered from the Owner or Owners of the Salt-Works or Pits where such Salt shall be so delivered the One Moiety or Half Part of which Forfeitures to be to the Use of the Prosecutor and the other Moiety or Half Part to the Use of His Majesty His Heirs and Successors.

XVI. Salt, after Duty repaid, landed before Duty be again paid, &c.;

Penalty.

And be it further enacted by the Authority aforesaid That if any of the Salt for which the Duty shall have been repaid or discharged upon the Exportation thereof as is herein before directed shall (by Fraud or otherwise) be landed in England Dominion of Wales or Town of Berwick upon Tweed before the Duty be again paid and such Entry and all other things performed as herein before required in case where any Foreign Salt is imported every Person so offending shall forfeit Double the Value (and after the Rate of Ten Shillings per Bushel) of such Salt so landed and such other Penalties and Forfeitures as are herein inflicted upon any Person who shall land any [Foreign (fn. 11) ] Salt contrary to the true Intent and Meaning of this Act.

XVII. Subjects of England exporting Salt in a Ship which perishes at Sea, &c. allowed to buy like Quantity without Duty; upon Proof made of Loss, and Certificate thereof.

And be it further enacted by the Authority aforesaid That if any Merchant or other Person being a Subject of this Realm of England shall ship any Salt or Rock Salt that shall have paid the Duty to His Majesty His Heirs or Successors by this [Act (fn. 11) ] imposed to convey it by Sea to any part of England and the Vessel on which such Salt as aforesaid is Shipt shall either perish by Sea or be taken by Enimyes with such Salt on board her that in such case any Merchant or Person Owner of the said Salt shall upon Proof made before the Justices of the Peace at the Quarter Sessions held for the County Riding Division or Town wherein he doth inhabit of the Loss of such Salt so shipped receive from the said Sessions a Certificate that such Proof was made before them and upon producing the said Certificate to any of the Officers appointed to collect the Duty by this Act imposed the said Officer or Officers are hereby required to let such Persons buy the like Quantity of Salt as is expressed in the Certificate to be lost without paying to His Majesty His Heires or Successors any Duty or Excise for the same Any thing in this Act contained to the contrary notwithstanding.

XVIII. Salt, after Entry, may be warehoused, on Warrant.

Warrant had without Fee.

Provided also and be it enacted That it shall and may be lawfull for the Owners and Proprietors of any Salt-Rock or Rock-Salt to remove and carry out of and from Pits or Ware-Houses adjoyning to or belonging to such Pits into his or their own Ware-houses or other Places for storing thereof for Conveniency of selling or shipping off the same any of the said Salt-Rock or Rock-Salt after due Entry made thereof and a Warrant or Ticket taken for the same from the Officer next to such [Salt (fn. 11) ] Pits which Warrant or Ticket the said Officer is hereby required upon Demand to give without Fee or Reward as aforesaid and that the said Owners or Proprietors shall not be obliged to pay or secure the Payment of the said Duty until such time as the said Salt-Rock or Rock Salt shall be sold and delivered as aforesaid.

XIX. No Person obliged by Contract made before 25th Dec. 1698, to deliver Salt, unless Buyer pay Seller the Duty.

And be it further enacted by the Authority aforesaid That no Person or Persons whatsoever shall be obliged by virtue of any Contract made at any time before the Five and Twentieth Day of December One thousand six hundred ninety eight to deliver any Salt or Rock-Salt unless the Person who is to receive the same shall before or at the time of Delivery of the same by such Contract Pay to the Seller thereof such Sum or Sums as he shall have paid or secured to pay for so much of the Duties thereupon as are imposed by virtue of this Act.

XX. Rock Salt to be entered by Weight, 120lbs. Weight a Winchester Bushel.

And whereas Salt-Rock or Rock-Salt taken out of Pits in such great Lumps that cannot be measured without breaking the same to Powder would be great Loss to the Proprietors thereof be it therefore enacted That all Salt-Rock or Rock-Salt taken out of Pits shall be entred by Weight only and that One hundred and Twenty Pounds Weight thereof shall be deemed and taken to be a Winchester Bushel of Eight Gallons Winchester Measure and shall be entred rated and taxed accordingly.

XXI. Refiners of Rock Salt having before paid the Duty, to have an additional Abatement of 2s. 4d. per Bushel. Salt weighed in the Presence of Officer, and Oath taken as herein mentioned.

And to the Intent that Salt made by melting and refining of Rock-Salt may not contrary to the true Intent and Meaning of this Act be charged more than other English Salt Be it further enacted by the Authority aforesaid That where any such Rock-Salt shall be melted and refined which had before paid the Duty imposed by this Act according to the Direction of the same the Person who shall make such Salt by refining shall (over and above his Allowance by any former Act) receive by virtue of this Act an Allowance and Abatement of the Duty on the Salt by him so made after the Rate and Proportion of Two Shillings and Four Pence for every Bushel of such Rock-Salt so melted and refined which had paid the Duty as aforesaid And being weighed in the Presence of the Officer before melted down and Oath being first made before some Justice of the Peace near adjoyning to such Salt-works of the particular Quantities of the said Rock-Salt so by him imployed in making the said Salt by refining which Oath the said Justice of the Peace is hereby impowred to administer and upon due Proof by Oath or otherwise made of the Payment of the Duty imposed by this Act.

XXII. Charges of Management to be paid out of the Duties.

Provided always and be it enacted That it shall and may be lawful to and for His Majesty His Heirs and Successors or to or for the Commissioners of the Treasury or any Three or more of them or the Treasurer of the Exchequer for the time being out of the said Duties arising upon Salt by this Act to cause such Sum and Sums of Money to be expended and paid from time to time for Salaries or other incident Charges as shall be necessary in and for the receiving collecting levying or manageing of the same Duties upon Salt Any thing in this Act contained to the contrary notwithstanding.

XXIII. Salt made from Rock Salt and Salt either imported or Home-made, charged.

And it is hereby declared and enacted by the Authority aforesaid That all Salt made from Rock-Salt (allowing the Draw-back for the same as in this Act is mentioned) and all refined Salt or Salt made from Salt either imported or made in England is and is intended to be charged and chargeable with the said Duties by this Act granted Any thing herein contained to the contrary notwithstanding.

XXIV. All Salt (except Rock Salt) to be ascertained at 56lbs. Weight to the Bushel.

And to the end the said Duties upon Salt may be equally paid It is hereby declared and enacted by the Authority aforesaid That all Salt att all Salt works and Salt pits (Rock-Salt excepted) shall [be (fn. 12) ] ascertained as to the Payment of the said Duty by this Act at the Rate of Fifty six Pounds Weight to the Bushell and no more.

XXV. Salt brought from Scotland and all imported Salt, brought in or landed before Entry, forfeited, and Penalty.

And be it further enacted and declared by the Authority aforesaid That all Salt whether brought from Scotland by Land and also all imported Salt whether the same be of the Product or Manufacture of this Kingdom or of the Dominion of Wales or Town of Berwick upon Tweed brought in landed or put on Shore before due Entry made with the Officers appointed to receive the same and Payment of the Duties by this Act imposed shall be forfeited and after the Rate of Ten Shillings per Bushel for such Salt to be recovered from the Offender (to wit) one Moiety thereof to His Majesty His Heirs and Successors and the other Moiety thereof to him or them that shall or will seize inform or sue for the same Any thing in this Act to the contrary in any wise notwithstanding.

XXVI. Collectors to provide Scales, &c. at every Salt-work;

Weighers to be sworn; Justice may administer Oath; Collector to pay Weigher.

And for the better ascertaining the said Duties on Salt according to the Bushel of Fifty six Pounds Weight herein before declared in all Parts and Places where any Salt-work or Salt-pit is or shall be Be it enacted by the Authority aforesaid That every Collector or Officer appointed to receive and collect the said Duties upon Salt shall provide at every such Salt-work or Salt-pit a sufficient Beam Scale and Weights or Stileard and shall have liberty to fix the same in some convenient Place in or about such Salt-work or Salt-pit for the weighing all Salt that shall be delivered from such Salt-work or Salt-pit And that one or more Person or Persons (as occasion shall require) living in or near such Salt-work or Salt-pit shall be admitted and sworn to the due and true weighing all Salt from thence to be delivered before one or more Justice or Justices of the Peace near adjoyning (which Oath he or they are hereby impowred to administer) without Fee or Reward And such Weigher & Weighers shall be satisfied and paid for their pains in weighing such Salt by the said Collector or Officer for the said Duties.

XXVII. Officers to deliver as many Warrants or Permits to Salt Carriers as they desire, gratis.

And whereas the Carriers of Salt do frequently load several Horses with Salt at one Salt-Work and at one time for which they have had but one Warrant or Permit and are often obliged for convenient Carriage of the said Salt to several Places to seperate the said Horses and to drive them several Roads by which means some of the said Salt may be liable to Seizure For [the (fn. 12) ] Prevention therefore of such Inconveniencies to the [said (fn. 13) ] Carriers It is hereby enacted and the said Officers are hereby strictly charged and required to deliver gratis and without Delay such and so many several Warrants or Permits to each Carrier of Salt as he shall demand for such several Horse-Loads of Salt as he shall load at one Time and at one Salt-Work.

XXVIII. Salt (except Foreign) sold at 561bs. Weight a Bushel.; Penalty £5.

And be it enacted by the Authority aforesaid That all Persons selling Salt made for Use (except Foreign Salt) shall sell the same after the Rate of Fifty six Pound Weight to the Bushel and not otherwise and so in proportion for a greater or lesser Quantity And that every Person offending therein shal for every such Offence forfeit the Sum of Five Pounds to the Informer to be sued for and recovered in such manner as other Forfeitures by this Act are to be sued for and recovered.

XXIX. Lord Mayor and Court of Aldermen of London, to ascertain and publish the Price of Salt within the City of London and Bills of Mortality

And Justices of Peace, in their General Sessions, for other Places; And the said Lord Mayor, Aldermen, and Justices in Sessions, by Writing, may alter and correct Rates; which Rates are to be observed; Selling for higher Prices,; Penalty £5.; Distress.; In Default of Distress,; Imprisonment until Penalty paid.

And for the preventing of Exactions upon Sale of Salt in this Kingdom and to have the Rates and Prices thereof ascertained Be it further enacted and declared by the Authority aforesaid That the Lord Mayor and Court of Aldermen of the City of London shall and may (and are hereby required in the Court of Aldermen within the City of London upon or before the Tenth Day of July in the Year of our Lord One thousand six hundred ninety eight) set ascertain and publish in Writing certain reasonable Rates and Prices upon all Salt to be sold or exposed to sale after the said Tenth Day of July in the City of London and Precincts thereof and the Bills of Mortality And that the respective Justices of the Peace for the respective Counties Ridings Divisions Cities and Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall and may (and are hereby required upon or before the First Day of August in the Year of our Lord One thousand six hundred ninety eight at the several and respective General Sessions of the Peace for the said several and respective Counties Ridings Divisions Cities and Places wherein they are or shall be Justices of the Peace) set ascertain and duly publish in Writing certain reasonable Rates and Prices upon all Salt to be sold or exposed to sale after the said First Day of August One thousand six hundred ninety eight within the said several and respective Counties Ridings Divisions Cities and Places wherein they are or shal be Justices of the Peace And that the Lord Mayor of London and the said Court of Aldermen in the Court of Aldermen and that the said respective Justices of the Peace of the several and respective Counties Ridings Divisions Cities and Places aforesaid as aforesaid at the several and respective General Sessions of the Peace for the said several and respective Counties Ridings Divisions Cities and Places wherein they are or shall be Justices of the Peace shall and may and are hereby required from time to time (if necessary) at the several and respective General Sessions of the Peace for the said severall and respective Counties Ridings Divisions Cities and Places from and after the said First Day of August One thousand six hundred ninety eight by Writing duly made and published alter and correct the Rates and Prices of all Salt to be sold and exposed to Sale in the said several and respective Places which Rates and Prices which shall be so set ascertained altered and corrected are hereby enacted and required to be observed accepted received and taken by all and every Person and Persons selling or exposing to sale any Salt within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed And if any Person or Persons shall sell any Salt at any higher Price or Rate or refuse to sell any Salt at the Prices and Rates aforesaid such Person and Persons so offending shall for every such Offence forfeit and pay the Sum of Five Pounds to be levied out of the Goods and Chattells of such Offender or Offenders by Distress and Sale thereof by Warrant under the Hand and Seal of the Lord Mayor of the City of London or of any Justice or Justices or the Peace for the Place or Places wherein such Offence shall be committed or Distress shall be to be made And in default of sufficient Distress for the same It shall and may be lawful by Warrant under the Hand and Seal from the Lord Mayor of the City of London or from any ( (fn. 14) ) Justice of the Peace as aforesaid to imprison the said Offender or Offenders until such Offender or Offenders shall pay the said Sum of Five Pounds one Moiety of which Sum of Five Pounds is hereby enacted to be paid to the Use of our Soveraign Lord the King and the other Moiety thereof to be paid to such Person or Persons as shall inform and prosecute for the same before the said Lord Mayor of London or the said respective Justices as aforesaid.

XXX. Recital of Cap. 25. ante, § 7. 9. 10. 24. 28. 30. 31. 40. the additional Duties on Stamped Vellum, Parchment, and Paper, and that Annuities at £8 per Cent. per Ann. ought to be secured for the Contributors of £2,000,000.

The Duties on Salt by this Act granted, and the Stamp Duties of Cap. 25. ante, to be kept apart, and paid Weekly into the Exchequer.

And whereas in and by one other Act of this present Session of Parliament (intituled An Act for granting to His Majestie His Heires and Successors further Duties upon Stampt Velum Parchment and Paper) several Rates Impositions Duties Charges and Sums of Money therein particularly expressed are to be paid for and upon such Matters and Things as are therein mentioned for ever but subject to such Power of Redemption as in and by any other Act of this Session of Parliament was or should be declared or provided concerning the same And whereas it is thought reasonable for the Satisfaction Recompence and Encouragement of such Persons and Corporations (the Corporation of the Bank of England only excepted) as will voluntarily contribute and advance Moneys for or towards the raising the Sum of Two Millions of Pounds Sterling for the Supply of His Majesties extraordinary Occasions to settle and establish a good sure and lasting Fund out of which the said Persons and Corporations contributing or advancing Money as aforesaid and their Executors Admistrators Successors and Assigns respectively may have receive and enjoy certain Annuities or yearly Payments to be computed after the Rate of Eight Pounds per Centum per Annum for the Moneys so by them to be contributed or advanced and such Special Benefit of Trade and other Advantages as are hereafter in this Act expressed subject nevertheless to such Power of Redemption as in this Act is provided in that behalf Be it therefore enacted and it is hereby enacted by the Authority aforesaid That the Commissioners and Governors of the Revenue or Receipt of Excise for the time being at the Head Office in London from time to time shall seperate and keep apart all and every the Sum and Sums of Money arising by the several Rates and Duties for or upon Salt and Rock-Salt by this Act granted as the same shall from time to time arise or be paid into the said Office of Excise by the Receivers or Collectors of the same or by any other Person or Persons whatsoever And that the Chief Commissioners for marking and stamping of Velum Parchment Paper or for Manageing the Duties thereupon for the time being shall at their Head Office cause to be seperated and kept a part in like manner all and every the Moneys ariseing by the respective Rates and Duties granted by the Act before mentioned for and upon Velum Parchment and Paper as the same shall from time to time arise or be paid into their Office And as well the said Commissioners and Governors of Excise as the said Commissioners for the said Duties upon Velum Parchment and Paper respectively for the time being are hereby required and strictly enjoyned from time to time for ever to pay weekly to wit on Wednesday in every Week if it be not a Holiday and if it be then the next Day after that is not an Holiday all and every the Moneys arising as well by the several and respective Rates and Duties hereby granted for or upon Salt and Rock-Salt as the said several Duties granted or payable by the Act herein before mentioned for and upon Stampt Velum Parchment and Paper respectively into the Receipt of the Exchequer of His Majesty His Heirs and Successors distinct and apart from all other Moneys which the Commissioners shall severally receive for the Use of His Majesty His Heirs or Successors.

XXXI. Entries to be made thereof in Books in the Exchequer.

And be it further enacted by the Authority aforesaid That there shall be from time to time for ever provided and kept in the Exchequer (that is to say) in the Office of the Auditor of the Receipts several Books in which all the Moneys which ought to be paid in Weekly as aforesaid and which shall be brought into the same Receipt shall be entred apart and distinct from all other Moneys paid or payable to His Majesty His Heirs and Successors upon any Account whatsoever.

XXXII. Commissioners for managing the said Duties respectively, not paying duly into the Exchequer, &c. Forfeiture of Office and Incapacity, and Penalty.

And be it further enacted That if the said Commissioners of Excise or the said Commissioners for the Duties on Velum Parchment and Paper for the time being respectively shall refuse or neglect to pay or cause to be paid into the Exchequer all or any the Sums appointed to be paid by them severally as aforesaid in such [manner (fn. 15) ] as they are respectively required by this Act or shall divert or misapply any part of the same then they and every of them so offending shall forfeit their several Offices and Places and shall be incapable to serve His Majesty His Heirs of Successors in any Office or Place of Profit or Trust whatsoever and shall be liable to pay double the Value of all and every Sum and Sums of Money so diverted or misapplyed to any Person or Persons Body Politick or Corporate who shall be intituled to any Annuity or Payment out of the Fund by this Act settled and will sue for such Forfeiture by Action of Debt or of the Case Bill Suit or Information founded upon this Act in any Court of Record of His Majesty His Heirs or Successors wherein no Essoign Protection Wager of Law or more than one Imparlance shall be granted or allowed.

XXXIII. Offices for Duties continued with Commissioners and Comptrollers of the Duties.

And be it further enacted by the Authority aforesaid That the Head Office of Excise and the ( (fn. 16) ) Office for the said Duties of Velum Parchment and Paper shall for ever be continued with a sufficient Number of Commissioners and a Comptroller in either of them for performing and executing such Matters and Things as are by this Act enjoyned to be done or performed by such Commissioners and Comptrollers respectively according to the true meaning hereof.

XXXIV. Comptrollers to keep distinct Accounts.;

Neglecting, Forfeiture of Office, Incapacity, and Penalty £100.

And be it enacted That the respective Comptrollers in the said Offices for the time being shall keep perfect and distinct Accounts in Books fairly written of all the Moneys which shall arise of or for the said Duties upon Salt and of or for the said Duties upon Velum Parchment and Paper respectively as the same shall from time to time arise or be raised to which Books all Persons concerned shall have free access at all seasonable times without Fee or Charge and if any such Comptroller as aforesaid shall neglect his Duty therein then he or they for such Offence shall forfeit his Office or Place and be rendred incapable as aforesaid and shall also forfeit the Sum of One hundred Pounds to any Person or Persons Body Politick or Corporate intituled to any Annuity or Payment by this Act and that will sue for the same as aforesaid.

XXXV. Collectors detaining Money, Dismission, to pay Interest at £12 per Cent. and liable to Treble Damages.;

Misapplying any Part of Money, Dismission, Incapacity, and Penalty.

And be it further enacted That if any Collector or Receiver of any the Duties by this Act granted upon Salt or Rock Salt or of any the further Duties granted by the Act before mentioned for or upon Velum Parchment and Paper shall detain all or any Part of the Moneys by him collected or received contrary to his Duty then he or they [for such Offence (fn. 17) ] shall be dismissed from his Imployment and be charged with Interest for the same after the Rate of Twelve Pounds per Centum per Annum and be liable to answer. Treble Damages to all and every Person and Persons Bodies. Politick and Corporate that shall be grieved by such Detention and if any Collector or Receiver of any the said Duties upon Salt Rock Salt Velum Parchment and Paper shall divert or misapply all or any Part of the Moneys by him collected or received contrary to the true Meaning of this Act then he or they for every or any such Offence shall be dismissed from his Imployment and rendred incapable to serve His Majesty His Heires and Successors as aforesaid and shall moreover forfeit Double the Sum or Sums so by him or them diverted or misapplied to any Person or Persons Body Politick or Corporate who shall be intituled to any Annuity or Payment out of the Fund by this Act settled and will sue for the same as aforesaid.

XXXVI. From 29th Sept. 1698, £160,000 additional out of Duties on Salt and Stamps, to be the yearly Fund for answering Annuities to Subscribers of £2,000,000. Proviso for Deficiency.

And be it enacted by the Authority aforesaid That Yearly and every Year reckoning the First Year to begin from the Nine and twentieth Day of September which shall be in the Year of our Lord One thousand six hundred ninety eight the full Sum of One hundred and sixty [thousand (fn. 17) ] Pounds by or out of the Money to arise by the said several Duties as well upon Salt and Rock Salt by this Act granted as upon Velum Parchment and Paper granted by the Act [as (fn. 18) ] aforesaid and every of them and to be brought into the Receipt of Exchequer by Weekly or other Payments as aforesaid (in case the same Payments shall extend thereunto) shall be the whole and entire Yearly Fund and in case the said Weekly or other Payments shall not amount to One hundred sixty thousand Pounds per Annum then the said Weekly Moneys or Payments so farr as the same will extend shall be part of the Yearly Fund for and towards the answering and paying the severall and respective Annuities or Yearly Payments in this Act hereafter expressed.

XXXVII. The said additional Duties appropriated towards making good the said yearly Fund.;

Officers of the Exchequer not issuing, or misapplying the Money, Dismission, Incapacity, and Penalty.

And be it further enacted That all the Sums of Money arising by the [said (fn. 17) ] several Duties upon Salt RockSalt Velum Parchment and Paper as aforesaid which shall be from time to time brought into the Receipt of Exchequer or so much thereof as shall be sufficient to make upp and compleat the said [Yearly (fn. 17) ] Fund of One hundred and sixty thousand Pounds or the proportionable part thereof to be payable in respect of the Moneys which shal be actually advanced in pursuance of this Act shall be appropriated set apart and applied and the same are hereby appropriated for and toward the raising and making good of the said Yearly Fund or such proportionable part of the same & shall [be issued & paid out of the said Receipt of Exchequer by the respective Officers of the same (fn. 17) ] without any Fee or Charge and without any further or other Warrant to be sued for had or obtained from His Majesty His Heirs or Successors in that behalf and shall be applied to and for the Uses and Purposes in and by this Act expressed and intended and to no other Use Intent or Purpose whatsoever and that the respective Officers in the Exchequer who shall make any Delay in issuing or paying the said Money to the said Uses by this Act intended or shall be guilty of diverting or misapplying any of the said Moneys to any other Use or or Purpose contrary to this Act for any such Offence shall be forejudged from their respective Offices and Places and be rendred uncapable to serve His Majesty His Heires and Successors as aforesaid and also shall be liable to pay double the Value of any Sum or Sums so delayed to be paid or so diverted or misapplied as aforesaid to any Corporation or other Person or Persons that shall be grieved thereby and who shall sue for the same to be recovered as aforesaid.

XXXVIII. His Majesty may appoint Commissioners for taking Subscriptions till 29th Sept. 1698, from any Persons (except the Bank of England) for £2,000,000.

Commissioners to provide Books for the said Subscriptions; to lie open every Day (except Sundays) until 29th Sept. 1698, unless the £2,000,000 be sooner completed; His Majesty may appoint a Cashier to receive the Money subscribed.

And be it further enacted by the Authority aforesaid That it shall and may be lawful to and for His Majesty by Commission under the Great Seal of England to authorize and appoint any Number of Persons to take and receive all such voluntary Subscriptions as shall be made on or before the [sd. (fn. 17) ] Nine and twentieth Day of September One thousand six hundred ninety eight by or for any Person or Persons Natives or Foreigners Bodies Politick or Corporate (The Governor and Company of the Bank of England only excepted) of any Sum of Money whatsoever not less than One hundred Pounds for and towards the raising and paying into the said Receipt of Exchequer the said Sum of Two Millions which Commissioners are hereby ordered and directed as soon as conveniently they can to provide and prepare one or more convenient House or Houses within the Cities of London and Westminster or one of them to be the Public Office or Place Offices or Places to which all or any Persons shall or may resort for the making of the said Subscriptions and to give such Publick Notice thereof as they the said Commissioners or any Five or more of them shall think will most conduce to the promoting the said Subscriptions And the said Commissioners for taking Subscriptions are hereby directed as soon as conveniently may be to provide or cause to be provided one or more Book or Books made of Velum or Parchment for the said Subscriptions to be made thereupon which Book or Books shall from thenceforth lie open every Day in the Week (Sunday only excepted) at the said Publick Office or Offices aforesaid daily and from the Hour of Eight to the Hour of Twelve in the Morning and from the Hour of Two to the Hour of Six in the Afternoon of each Day untill the said Nine and twentieth Day of September One thousand six hundred ninety eight unless the Subscriptions for the whole Sum of Two Millions shall be sooner compleated And that it shall and may be lawful to and for His Majesty by His Commission aforesaid to direct the Commissioners how and in what manner they shall proceed to execute the same in all Matters and Things relating to this Service. And by the same Commission or by Letters of Privy Seal or by any Instrument under His Majesties Royal Sign Manual to appoint from time to time the said Commissioners or any Number of them by themselves or their Cashier or Cashiers (the said Cashier or Cashiers being first approved by His Majesty under His Royal Sign Manual and giving Security to His Majesty for the due Performance of his or their Trust or Trusts) to receive for His Majesties Use the several Payments of the Moneys which shall be so subscribed to be paid by any Person or Persons Bodies Politick or Corporate. ( (fn. 19) )

XXXIX. Any Sums (not less than £100) may be subscribed.;

The Monies subscribed to be answered by Ten equal Payments, the First Payment to be made at the time of subscribing; Each subsequent Payment to be made at the End of every Two Months. (reckoning 60 Days for each Two Months) till the Whole be paid; The last Payment to be liable to make good any Deficiency which may happen (during the Time for making the said last Payment) in the Produce of the said Duties.

And be it enacted by the Authority aforesaid That during the time hereby limitted for taking the said Subscriptions it shall and may be lawful to and for all and every Person and Persons Natives and Foregners Bodies Politick and Corporate by and for themselves or any of them or by themselves or any of them in Trust for any other Person or Persons Bodies Politick and Corporate or any of them except as aforesaid) freely to subscribe any Sum of Money (not less than One hundred Pounds) for or towards the Sum of Two Millions And all the Moneys so to be subscribed shall be answered and paid by the respective Subscribers thereof to such as shall be appointed to receive the same to His Majesties Use in manner following (that is to say) One full Tenth Part (the Whole in Ten equal Parts to be divided) of every Sum of Money so subscribed by or for any Person or Persons or by or for any [Body (fn. 20) ] Politick or Corporate respectively shall be paid by him or them to His Majesties Use as aforesaid at or before the time of making each Subscription respectively And that one other Tenth Part of every Sum so subscribed shal be paid in like manner at or before the end of Two Months next after the time hereby limitted for the First Payment as aforesaid (which time of Two Months shall be reckoned to consist of Sixty Days) and so onwards at the end of every such Two Months successively One full Tenth Part of every Sum so subscribed shall be paid to His Majesties. Use as aforesaid until the ful Sum of every Subscription shall be entirely cleared and paid off Nevertheless the last of the said Payments upon every Subscription to be made as aforesaid shall be subject and liable to make good any Deficiency (if such should happen to be) which at any time or times before the time hereby limitted for making such last Payment or Payments shall appear to be in the Produce of the said Duties hereby granted or appropriated for answering so much as before the said time hereby limitted for such last Payment or Payments shall incur or grow due for or upon the yearly Fund by this Act settled or established and so much out of the said last Payments as shall be sufficient to answer and make good such Deficiency (if any be) shall and may be defaulked of otherwise applyed to that Use although His Majesties Supply by this Act intended be thereby lessened Any Matter or Thing herein contained to the contrary notwithstanding.

XL. If the First Payment be not made at the Time of subscribing, such Subscription shall be void.;

And if all the subsequent Payments be not complied with, the First Tenth Part forfeited, and the Annuity payable for such Subscription reduced according to the Money actually paid, after an.; Abatement of the First Tenth Part; Tallies of Assignment or Anticipation may be levied on the Commissioners or Receivers General of the Money to be subscribed; The said Tallies to bear an Interest of £8 per Cent. per Ann.

And it is hereby further enacted That if any Person or Persons Bodies Politick or Corporate who shall have subscribed as aforesaid doe not pay down the First Tenth Part upon his or their Subscription or at the time of making thereof as aforesaid then every such Subscription (without such Payment) shall be utterly void and of none Effect And if any Person or Persons Body Politick or Corporate who shall have subscribed as aforesaid his her or their Executors Administrators Successors or Assigns having paid to the Kings Use any Part or Parts of the Sum or Sums so by him her or them subscribed shall make Default in any of the subsequent Payments which ought to be made by him her or them upon such Subscription respectively then and in every such Case the First Tenth Part paid down upon every such Subscription shall be forfeited and lost to His Majesty And the respective Annuity or yearly Sum which shall be payable out of the said Fund for or in respect of such Subscription after the Rate of Eight Pounds per Centum per Annum shall be reduced lessened or proportioned according to the ( (fn. 21) ) actually paid to His Majesties Use upon every such Subscription respectively after an Abatement or Deduction shall be made of the First Tenth Part to be forfeited as aforesaid And to the end the said Subscription Moneys so to be payable at several Days and Times and by such Proportions as aforesaid may be the sooner made ( (fn. 22) ) of for the Supply of this Majesties extraordinary Occasions the Commissioners of His Majesties Treasury or any Three or more of them now being or the Treasurer of the Exchequer or any Three or more of the Commissioners of the Treasury for the time being are hereby authorised and impowered to cause Talleys of Assignment or Talleys of Anticipation for the same or any part thereof to be levied upon the Commissioners Receiver or Receivers General or Cashier who shall be appointed or authorized to receive the same And that an Interest not exceeding the Rate of Eight Pounds per Centum per Annum shall be annexed to attend and go along with the Principal Moneys contained in all and every such Talley and Talleys to be paid every Three Months out of such Subscription Moneys from the Date of every such Talley until Satisfaction of the Principal thereupon and that the Principal upon every such Talley shall be paid in course according to the Date thereof respectively

XLI. The Sums subscribed to be written in Words at Length as well as Figures; and attested.;

After 29th Sept. 1698, or Subscription completed, Duplicates of Subscriptions to be returned into the Exchequer, before 20th Oct. 1698; Duplicates to be recorded; Free Access to Registers; Copies of Books inrolled to be delivered to Commissioners for the Use of Subscribers, gratis.

And be it further enacted by the Authority aforesaid That the said Commissioners to be nominated by His Majesty for taking Subscriptions as aforesaid shall take care that the Sums subscribed be written as well in Words at Length as in Figures And that the Day of the Month and Year on which every Subscription shall be made be truely set and expressed against the same and that the Subscriptions so to be made from Time to Time be attested under the Hands and Seals of Five or more of the Commissioners who shall be present at the making of such Subscriptions and that the said Commissioners or any Five or more of them do without Delay after the said Nine and twentieth Day of September One thousand six hundred ninety eight or after the said Subscriptions for the said Two Millions shall be compleated (which shall first happen) make or cause to be made true Duplicates or Copies fairly written in Parchment of the said whole Book or Books of Subscriptions and deliver the said Duplicate or Duplicates of the said Book or Books attested by Five or more of the said Commissioners into the Office of the Auditor of the Receipt in the Exchequer before the Twentieth Day of October One thousand six hundred ninety eight at farthest And the said Auditor of the Receipt is hereby authorized and required forthwith to register or enrol and the Clerk of the Pells in the said Receipt is hereby required forthwith to record the said Duplicate or Duplicates amongst the Registers or Records of their respective Offices that so it may appear how much shall have been subscribed and by whom and likewise how the said Yearly Fund or a proportionable Part thereof is to be issued and applyed by virtue of this Act And that every Person concerned shall have free Access at all seasonable Times and Liberty to view and peruse the said Register Enrolment or Record without Fee or Charge And that true Copies of such Book or Books so enrolled and recorded under the Hands and Seals of the said Auditor of the Receipt and Clerk of the Pells shall be delivered by them gratis to the said Commissioners or any Five or more of them demanding the same for the Benefit of the said Subscribers.

XLII. Each Subscriber to have an Annuity after the Rate of £8 per Cent. per Ann., to commence from Michaelmas 1698, and paid Quarterly.;

The First Payment at Christmas, 1698; subject to Redemption, and Reduction, in case of Failure in Payment of Part of Subscription Money.

And it is hereby further enacted ordained and declared by the Authority aforesaid That every Person and Body Politick who shall subscribe as aforesaid and be named or contained in the said Book or Books his her or their Heirs Executors Administrators Successors and Assigns respectively shall have receive and enjoy for ever out of the Fund by this Act settled and provided One Annuity or certain Yearly Sum for the whole Sum by him her or them subscribed according to the Rate or Proportion of Eight Pounds per Centum per Annum that is to say all and every Person and Persons or Corporation subscribing One hundred Pounds shall be intituled to an Annuity of Eight Pounds per Annum out of the said Fund and so proportionably for higher or larger Subscriptions the same Annuities or Yearly Payments to commence from the Feast of Saint Michael the Archangel in the Year of our Lord One thousand six hundred ninety eight and to be paid and payable at the Four most usual Feasts in the Year that is to say the Feasts of the Birth of our Lord Christ the Annunciation of the blessed Virgin Mary the Nativity of Saint John Baptist and Saint Michael the Arch-Angel by even and equal Portions the First Payment thereof to be made at the Feast of the Nativity of our Lord Christ One thousand six hundred ninety eight Which said Annuities or Yearly Payments shall nevertheless be subject or lyable to the Condition and Power of Redemption hereafter in this Act expressed and also to the Clause before in this Act contained for reducing or lessening such Annuities where Failure shall be made in some of the Payments of the Subscription Money for the same.

XLIII. Persons paying down One Tenth Part of Subscription, may defaulk after the Rate of £10 per Cent. per Ann. as herein mentioned.

And for the further Incouragement of the said Subscribers it is hereby also enacted That every Person or Body Politick subscribing and paying down One Tenth part of his or their Subscription Money as aforesaid shall and may out of the same Defaulk and Recoup or shall be repaid (in Consideration of his or their prompt Subscription and Payment) so much as an Allowance after the Rate of Ten Pounds per Centum per Annum doth amount unto being computed upon his or their whole Subscription Money from the Day of making his or their Subscription and first Payment until the Feast of Saint Michael the Arch-Angel One thousand six hundred ninety eight.

XLIV. Commissioners, &c. to give Receipts to Subscribers; and enter same, &c.

Account thereof to be delivered to Auditor, attested, before 24th June 1700; Treasury to issue Sums necessary for incident Charges.

And it is hereby further enacted That the respective Commissioners or such a Number of them or such Cashier or Cashiers who shall be authorized by His Majesty to receive all or any the said Payments upon the said Subscriptions for His Majesties Use shall immediately from time to time give to the Persons or Corporations paying the same a Receipt in Writing for the several Sums so received And shall cause an Entry thereof to be made in a Book or Books expressing the Day on which every Payment shal be made with the Names and proper Additions of those that make such Payments and deliver a true Account fairly written in Parchment of all the said Receipts attested by five or more of the said Commissioners into the Office of the Auditor of the Receipt of Exchequer on or before the Four and twentieth Day of June which shall be in the Year of Lord One thousand seven hundred And the Commissioners of His Majesties Treasury and the Treasurer and Under Treasurer of the Exchequer for the time being are hereby impowred and commanded out of any of His Majesties Treasure not appropriated by Act of Parliament to issue and pay such Sums as shall be necessary to be expended or laid out as incident Charges in the Execution of such Commission.

XLV. Commissioners may be Subscribers.

Provided always That any Persons [so (fn. 23) ] to be named Commissioners may be Subscribers and their Subscriptions and Payments shall and may be received by the other Commissioners or such of them as shall be appointed in that behalf.

XLVI. His Majesty may incorporate the Subscribers by Letters Patent.

By the Name of the General Society, entitled to Advantages given by an Act of Parliament for advancing a Sum not exceeding £2,000,000 for the Service of the Crown of England; subject to the aforesaid Proviso for Redemption.

And be it further enacted by the Authority aforesaid That it shall and may be lawful for His Majesty by Letters Patents under the Great Seal of England to incorporate all and every the Person and Persons Natives and Foreigners Bodies Politick and Corporate who shall so subscribe or for whom such Subscriptions shall be made and uponwhose Subscriptions the First Tenth part shall be paid as aforesaid and all and every Person and Persons Bodies Politick and Corporate who as Executors Administrators Successors or Assigns or by any other lawful Title derived or to be derived from by or under the said original Subscribers of or towards the said Sum of Two Millions at any time or times hereafter shall have or be intituled to any Part Share or Interest of or in the yearly Fund by this Act settled as aforesaid so long as they respectively shall have any such Part Share or Interest therein to be one Body Politick and Corporate by the Name of the General Society intituled to the Advantages given by an Act of Parliament for advanceing a Sum not exceeding Two Millions for the Service of the Crown of England and by that Name shall have perpetual Succession and a Common Seal And that they and their Successors by the Name aforesaid shall be able and capable in Law to have purchase receive enjoy possess and retain to them and their Successors Lands Rents Tenements and Hereditaments of what Kind Nature or Quality soever and also to sell grant demise alien or dispose of the same and by the same Name to sue and implead be sued and impleaded answer and be answered in Courts of Record or any other Place whatsoever and to do and execute all and singuler other Matters and Things by the Name aforesaid that to them shall or may appertain to do subject nevertheless to the Proviso or Condition of Redemption and to such Restrictions and Limitations as are hereafter in this Act expressed.

XLVII. Sum Total of Subscriptions to be and be called the Principal Stock of the said Corporation.

And it is hereby declared That the Sum Total of all the said Subscriptions shall be and be called the Principal Stock of the said General Society and all and every Person and Persons his and their Executors Administrators Successors and Assigns according and in proportion to the Sum or Sums by him her or them respectively subscribed shall have and be deemed to have an Interest or Share in the said Principal Stock and of and in the yearly Fund hereby settled.

XLVIII. Subscribers (of £500 and upwards) may meet at Guildhall in London, 10th Oct. 1698, or within 20 Days after Subscription completed, to elect Trustees.;

Elector to have only One Vote.; Each Trustee must have subscribed £2,000 at least in his own Right. Persons elected to be inserted in Charter of Incorporation.; Further Rules, &c. may be inserted in Charter.

And be it further enacted by the Authority aforesaid That it shall and may be lawful to and for for His Majesty to impower all and every Person or Persons who shall severally or respectively have subscribed in the said Book or Books any Sum or Sums not less than Five hundred Pounds and shall have severally paid One Tenth part of the Sum or Sums so by them subscribed their Executors Administrators Successors or Assigns to assemble and meet together at the Guild-hall within the City of London at or upon the Tenth Day of October One thousand six hundred ninety eight or within Twenty Days after the Subscription shall be compleated which shall first happen then and there to elect and choose the First Trustees to manage govern and direct the said General Society and they or the major part of them so assembled shall and may choose (by way of Ballating) out of the whole Number of Subscribers (whereof none to have more than One Vote) Four and twenty Persons each of which shall severally have subscribed in their own Rights the Sum of Two thousand Pounds at the least who shall be the First Trustees of the said General Society which Elections shall severally be determined by the majority of Votes then present by way of Ballat as aforesaid and if they be equal then by His Majesties Commissioners for taking the said Subscriptions or the major part of them then present which Persons so to be elected shall afterwards be inserted in His Majesties Charter of Incorporation of the said General Society as the First Trustees for such time and with such Succession and subject to such further Qualifications as His Majesty in such Charter of Incorporation shall be pleased to appoint And that in such Charter such further Rules Powers and Clauses for carrying on the said Trade and pursuing the Ends and Intent of this Act shall and may be inserted as shall be lawfully and reasonably desired in that behalf.

XLIX. If £2,000,000 not subscribed by 29th Sept. 1698, Subscribers to have only a proportionable Part of yearly Fund.

Provided always and it is hereby further enacted That in case the whole Sum of Two Millions shall not be subscribed as aforesaid before the said Nine and twentieth Day of September which shall be in the Year of our Lord One thousand six hundred ninety eight that then the Subscribers and Contributors for and towards raising the said Sum of Two Millions their Executors Administrators Successors and Assigns shall only have and receive so much and such Part and Proportion of the said Yearly Fund as shall be after the Rate of Eight Pounds per Centum per Annum for such Sum or Sums of Money as shall be so respectively subscribed.

L. After the Charter is passed, the yearly Sum of £160,000, or a proportionable Part thereof to be paid to General Society or their Treasurer, in Trust for Members.

And be it further enacted That from and after the granting of the said Letters Patents for Incorporation of the General Society as aforesaid the said yearly Sum of One hundred and sixty thousand Pounds as aforesaid or so much thereof as shall be proportionable to the several Sum or Sums to be subscribed as aforesaid shall be issued and paid to the said General Society and their Successors or to such Treasurer or Receiver General as they shall appoint by their Common Seal to receive the same who shall from time to time have and receive the said Moneys in Trust for the severall and respective Members of the said General Society whether they be Bodies Politick or Natural according to the Proportion of their several Shares and Interests in the General Stock.

LI. If £2,000,000, or a Moiety thereof, be subscribed on or before 29th Sept. 1698.; Subscribers, their Executors, Successors, or Assigns, and all Persons licensed by them, may trade to the East Indies, &c.

None to trade by himself or others, in any one Year (to be computed from 29th Sept. 1698) for more than the Amount of his Stock.

And be it enacted by the Authority aforesaid That in case the said whole Sum of Two Millions or one Moiety or any greater Part of the said Sum of Two Millions shall be subscribed as aforesaid on or before the said Nine and twentieth Day of September. One thousand six hundred ninety eight that then and from thenceforth all and every the Person and Persons Natives and Foreigners Bodies Politick and Corporate by or for whome such Subscriptions shall be made and all and every Person and Persons Bodies Politick and Corporate who as Executors Administrators Successors or Assigns or by any other lawful Title derived or to be derived from or under the said original Subscribers at any time or times hereafter shall have or be intituled to any Part Share or Interest of and in the Yearly Fund by this Act settled as aforesaid and of and in a proportionable Part of the principal Stock of the said General Society so long as they respectively shall continue to have any Part Share or Interest therein and all and every Person and Persons who for any time shall be licensed by such Person or Persons Bodies Politick or Corporate to trade in the stead of them or any of them shall and lawfully may for ever hereafter by themselves severally or by such Factors Agents or Servants as they severally shall think fit to intrust freely traffick and use the Trade of Merchandize in such Places and by such Ways and Passages as are already frequented found out or discovered or which hereafter shall be found out or discovered and as they severally shall esteem and take to be fittest or best for them into and from the East Indies in the Countries and Parts of Asia and Africa and into and from Islands Ports Havens Cities Creeks Towns and Places of Asia Africa and America or any of them beyond the Cape of Bona Espiranza to the Streights of Magellan where any Trade or Traffick of Merchandize is or may be used or had and to and from every of them which Trade Traffick or Merchandizeing shall be and is by virtue of this Act for ever limitted and restrained so and in such manner as that no Person or Corporation hereby authorized to trade or traffick as aforesaid shall in any one Year (every Year to be reckoned from the said Nine and twentieth Day of September One thousand six hundred ninety eight) successively by him or themselves or by Persons licensed to trade instead of them or any of them as aforesaid or by their respective Factors Agents or Servants ship lade put on board send or cause to be sent or design to sent to or for the East Indies or other Parts within the Limitts aforesaid from England or any other Countrie or Place whatsoever any Quantity of Goods Wares Merchandizes Coins Bullion or Commodities whatsoever of greater Value than in this Act are expressed that is to say the Person or Persons or Body Politick who shall be intituled to any Annuity or Yearly Payment of [Eighty (fn. 24) ] Pounds per Annum and consequently to a Share of One hundred Pounds in the Principal Stock of the said General Society for every such Stock or Share of One hundred Pounds shall or may by himself or themselves or others as aforesaid ship lade put on board or cause to be sent Yearly for the said East Indies or Parts within the Limits aforesaid Goods Wares Merchandizes Coine Bullion or other Commodities (being such as may lawfully be exported or sent thither) as shall amount in Value to the Sum of One hundred Pounds and every Person and Corporation intituled to a larger Annuity out of the said Yearly Fund and (in that respect) to a greater Share than One hundred Pounds in the said Principal Stock shall and may ( (fn. 25) ) ship and send to the East Indies and other Parts within the Limits aforesaid a proportionable [Value (fn. 26) ] in Goods or other things as aforesaid after the said Rate of One hundred Pounds for every One hundred Pounds Stock.

LII. If the said £2,000,000, or a Moiety thereof, be subscribed on or before 29th Sept. 1698, all or any Persons entitled to particular Shares in the Principal Stock, may be incorporated into a Company, to trade with a Joint Stock,; by such proper Name as His Majesty shall think fit.

And be it further enacted by the Authority aforesaid That if the said whole Sum of Two Millions or One Moiety or any greater Part thereof shall be subscribed on or before the said Nine and twentieth Day of September One thousand six hundred ninety eight and all or any Corporations or other Person or Persons having particular Shares or Interests in the principal Stock of the said General Society or in proportionable Annuities or Yearly Payments issuing out of the said Yearly Fund shall be willing and desireous to unite or joyn together such their several Shares and Interests and to to be incorporated so as they may be able to manage their Trade (in Proportion to their Interests) as a Company and by a joynt Stock that then it shall and may be lawful to and for His Majesty by Letters Patents under the Great Seal of England to incorporate all such Persons and and Corporations by such proper Name as His Majesty His Heires or Successors shall think fit to be One Company with Power to manage and carry on their Trade to the East Indies and other the Limits aforesaid by a joint Stock and to have a perpetual Succession and a common Seal and with Power to grant and take sue and be sued and to choose their own Managers or Directors and Officers from time to time and such other Powers and Clauses as shall be necessary or requisite for the carrying on of such Trade and shall be reasonable for His Majesty to grant Nevertheless such Company so to be created with Power to trade with a joynt Stock as aforesaid shall be restrained to such Proportion of the Trade in the whole as all the particular Members thereof would have been intituled to at the Rate before mentioned in case such new Company were not made And the Directors or Managers and other Members of the same shall be subject to such further Rules Qualifications and Appointments as His Majesty in their Charter shall think necessary or reasonable to be inserted.

LIII. After the incorporating of such Company, the proportionable Part of yearly Fund belonging to Members to be paid to said Company or their Treasurer, in Trust for Members.

Payments to be made at the Exchequer Weekly.

Provided always and it is hereby enacted That after the incorporating of any such Company to trade with a joynt Stock as aforesaid the proportionable Part or Parts of the said Yearly Fund issuing out of the Exchequer and belonging to the Members of such new Company shall from time to time (under the like Penalties as aforesaid) be issued at the said Receipt of the Exchequer to such Company or to such Treasurer or Treasurers as shall be appointed under their Common Seal to receive the same in Trust for the several and respective Members of such Company according to their respective Proportions or Shares in the joynt or united Stock of such Company Any Thing in this Act contained to the contrary notwithstanding And that the Payment thereof shall and may [be (fn. 26) ] made weekly or as fast as the said Duties shall produce Money into the Exchequer for the same so as by such Weekly or other Payments the whole of the Annuities due to such Company at the End of any One Quarter be not exceeded.

LIV. Every Member of the General Society, before permitted to trade, to take Oath before Two or more of the Trustees, to be faithful to the Society, and not to trade for more than allowed.

Persons trading by Licence, to enter their Licence, in the Books of the Society, and take Oath to the like Effect.; No Member of any Company trading to the East Indies, during his Continuance in the said Company, to trade otherwise than in the Joint Stock thereof; Every Member to take Oath to be faithful, and not to trade to the Indies (during his Continuance in the Company) upon Private Account; No Person to be intrusted to trade upon the Joint Stock, or for a Company, before he hath taken Oath, as herein mentioned, to be faithful to such Company, &c.

And it is hereby further enacted by the Authority aforesaid That all and every Persons and Persons who as a Member or Members of the said General Society shall have Power to trade by or for himself or themselves and not in a Company in such Measure or Proportion as aforesaid before he or they shall be allowed to exercise or make use of such Power shall take a corporal Oath before Two or more of the Trustees for the said General Society (who have hereby Power to administer the same) that such Members shall be faithful to the said General Society and (according to the best of his or her Skil & Understanding give his or her Advice Councell and Assistance for the Support and good Government of the said Society and that he or she will not at any Time or Times ship lade send direct or cause to be sent from England or any other Countrey to the East Indies or other the Parts within the Limits aforesaid any Goods Coines or other Merchandizes of greater Value than such as he or she may lawfully send thither by this Act And that all and every Person and Persons who shall be licensed to trade as aforesaid before he or they shall be allowed to use or enjoy the Benefit of any such Licence shall cause the same to be entred or registred at large in the Books of the said General Society and shall also take a corporal Oath before Two or more of the Trustees of the said General Society That such Person trading by such Licence shall be faithful to the said General Society and will not at any Time or Times ship lade send direct or cause to be sent to the East Indies or other the Places within the Limits aforesaid any Goods Coins or other Merchandizes of greater Value than what he or she may lawfully send thither by virtue of this Act That no Person or Persons who shall be incorporated or be a Member or Members of any Company or Corporation having or that shall have Power to trade to the East Indies and other the Parts within the Limits aforesaid by a joynt Stock in pursuance of this Act during such Time as he or they respectively shall continue a Member or Members of such Company or Corporation shall trade otherwise than in the joint Stock of such Corporation of which he or they are Members respectively And every such Member or Members before he or they shall be allowed to receive any Benefit in or by such Corporation or to do or intermeddle in any of the Affairs of the same shall take a corporal Oath before Two or more of the Trustees or other Persons who shall have the Directions of the Affairs of any such Company or Corporation (who have hereby Power to administer the same) that he or she shall be faithful to such Company or Corporation and according to the best of his or her Skill and Understanding) give his or her Advice Councel and Assistance for the Support and good Government of the said Company or Corporation And that he or she during his or her Continuance in such Company or Corporation will not at any time or times ship lade send direct or cause to be sent from England or any other Countrey to the East Indies or other Parts within the Limits aforesaid for his or their private Accounts any Goods Coins or other Merchandizes contrary to this Act And that no Person or Persons that shall have the Order Rule Direction or Management of the Voyages or other Affairs of the said Company or Corporation or that shall be intrusted or imployed to trade upon the joynt Stock or for a Company as aforesaid shall be allowed to ship or cause to be shipped laded or put on board or to send or cause to be sent from the East Indies or other Parts within the Limits aforesaid any Goods Foreign Coin or other Merchandizes whatsoever from England or any other Countrey until he or they shall have respectively taken a corporal Oath before Two or more of the Trustees or other Directors of such Company or before the Barons of the Exchequer for the time being or some of them that he or they respectively will be faithful to such Company or Corporation and (according to the best of his or her Skill and Understanding) give his or her Advice Councill and Assistance for the Support and good Government of the same and that he or she during his or her Continuance in such Company or Corporation will not at any time or times ship lade send direct or cause to be sent from England or any other Countrey for the East Indies or other the Parts within the Limits aforesaid any Goods Coins or other Merchandizes but such as he or she may lawfully send thither for the Account of such Company according to this Act.

LV. Quakers may make a solemn Declaration to the same Effect.

Provided always That such Persons as are known or commonly reputed to be Quakers instead of any Oath or Oaths by this Act prescribed shal and may make a solemn Declaration in Writing to the same Effect and in the same manner And every such Declaration in Writing shall be of the same Validity as if he or they had taken a Corporal Oath as aforesaid Any thing herein contained to the contrary notwithstanding.

LVI. All Persons trading in pursuance of this Act shall enter the Goods they export (Exception) in a Book, before the Lading thereof.

Persons concerned may view the Books, to see whether Traders trade for more than is allowed.; The said Entries to be attested upon Oath or solemn Affirmation; Entries and Affirmations made before Two or more Trustees, till a Company be erected; and afterwards before Two or more Directors.

And be it further enacted by the Authority aforesaid That all and every Person and Persons whatsoever that shall or may in pursuance of this Act trade or send or cause to be sent any Goods Foreign Coins or other Merchandizes for the East Indies or other [the (fn. 27) ] Parts within the Limits aforesaid before such Goods Foreign Coins or other Merchandizes or any of them (the Goods Foreign Coins or other Merchandizes of such Company as shall or may be erected if any such be to trade with a joynt Stock as aforesaid only and always excepted) shall be shipped laded or put on board any Ship or into any Lighter Boat or other Vessel for that Purpose shall make or cause to be made an Entry or Entries of the same in a Book or Books for that Purpose specifying in such Entry or Entries the true and full Quantities Kinds and Values of all the Goods Foreign Coins or other Merchandizes so intended to be sent for the East Indies or other the Parts within the Limits aforesaid from England or from any other Countrey whatsoever with the Name of the Ship and of the Comander or Master thereof to the end it may be seen by Inspection of such Book or Books (to which all Persons concerned shall have free Access at all seasonable times without Fee or Charge) [from time to time (fn. 27) ] whether such Traders do or do not send more Goods Coin or Merchandizes in the said Trade than they respectively are allowed to send by this Act And all and every such Person and Persons upon such Entry or Entries made from time to time shall make and sign an Affirmation in Writing in which he or they shall declare or affirm (upon the Oath or solemn Declaration which he or they shall previously have taken or made as aforesaid in that behalf) that such Entry or Entries do contain the true and full Value and Values of all the Goods Coin or Merchandizes to be shipt by or for him or them on such Ship for that Voiage all which Entries and Affirmations shall be made before Two or more of the Trustees for the General Society aforesaid and in Books to be kept by them for that Purpose until a Company with Power to Trade upon a joynt Stock shall be erected as aforesaid And after such Company shall be erected then the same shall be made before Two or more of the Directors or Managers of such Company and in Books to be kept by them for that Purpose.

LVII. The General Society and Companies in Joint Stock, may be impowered by Charters to make Bye-Laws and inflict Penalties.

And be it further enacted by the Authority aforesaid That it shall and may be lawful to and for His Majesty by His said Charter or Charters of Incorporation to impower the said General Society and their Successors and such Company as shall be erected to trade with a joynt Stock a aforesaid and their Successors or either of them severally to make reasonable Laws Constitutions Orders and Ordinances from time to time for the good Government of the said Trade to the East Indies and other the Parts aforesaid and of the Traders Factors Agents Officers and other concerned in the same and to inflict reasonable Penalties and Punishments by Imprisonments Mulcts Fines or Amerciaments for any Breach or Breaches thereof and to levy such Mulcts Fines or Amerciaments to the Use of such General Society or Company respectively.

LVIII. Not making true Entries and Affirmations, Forfeiture of Goods and Penalty.

And it is hereby further enacted That if any Person or Persons who are hereby required to make such Entries and Affirmations as this Act directs shall neglect so [to (fn. 28) ] do or if any Goods Foreign Coins or other Merchandizes so entred shall be of greater Value than shall be specified in such Entry or Entries that then and in every such Case the Goods Foreign Coins or other Merchandizes which shall be shipped or put on board any Ship or other Vessel designed for the East Indies or any other the Parts within the Limits aforesaid or into any Lighter Boat or other Vessel to be put upon any such Ship for which no such Entry or Affirmation shall be made or which shall be omitted therein and the Effects and Proceed of the same (wheresoever they shall be found) shall be forfeited and may be seized and double the Value thereof shall and may be sued for and recovered against the respective Offenders and to be divided or distributed in such Manner and Form as His Majesty by such Charter or Charters shall appoint.

LIX. No Company or particular Person to trade before he has given Security to Commissioners of Customs that the Goods to be laden by or for them in the Indies, shall be brought to England without breaking Bulk (the Danger of the Seas, &c. excepted.);

Disputes in Acceptance of Security, determined by Baron of the Exchequer; Goods imported to be sold by Inch of Candle; Penalty.

Provided always and it is hereby enucted That no Company or particular Person or Persons who shall have a Right in pursuance of this Act to trade to the East Indies or other the Parts within the Limits aforesaid shall be allowed to trade thither until sufficient Security shall be first given (which the Commissioners of the Customs in England or any Three or more of them for the time being are hereby authorized and required to take in the Name and to the Use of His Majesty His Heirs and Sucessors) That such Company or particular Persons shall cause all the Goods Wares Merchandizes and Commodities which shall at any time or times [hereafter (fn. 29) ] during the Continuance of this Act be laden by or for them or any of them or for their or any of their Accounts in any Ship or Shipps whatsoever bound from the said East Indies or Parts within the Limits aforesaid shall be brought (without breaking Bulk) to some Port of England or Wales and there be unladen and put on Land (the Danger of the Seas Enemies Pirates Constraints of Princes and Rulers and Barratry of Seamen excepted) And in case there be any Difficulty or Dispute in the Acceptance of any such Security such Difficulty [and (fn. 30) ] Dispute shall and may be determined by the Lord Chief Baron and other the Barons of the Coif of the Exchequer or any of them according to his or their best Judgment and Discretion And that all Goods and Merchandizes belonging to the Company to be erected as aforesaid or any other Traders to the East Indies and which shall be imported into England or Wales as aforesaid pursuant to this Act shall by them respectively be sold openly and publickly by Inch of Candle upon their respective Accounts and not otherwise upon Pain that the same or the Value thereof shall be forfeited and lost to wit One Moiety thereof to His Majesty His Heirs and Successors and the other Moiety thereof to any Person or Persons that will seize inform or sue for the same by Action of Debt or of the Case Bill Plaint or Information as aforesaid.

LX. His Majesty, by Commission or Charters, &c. to direct in what Manner the Shares in the yearly Fund, and in the Stock in Trade, shall be assigned or transferred.

And be it further enacted That it shall and may be lawfull to and for His Majesty by any such Commission Charters or Letters Patents as aforesaid under the Great Seal of England to limit direct and appoint how and in what Manner and Proportions and under what Rules and Directions the Shares of all and every Person and Persons whatsoever in the said Yearly Fund and of and in the Stock of the said Generall Society or of any Company to be settled or authorized to trade in pursuance of this Act and every or any Part or Proportion thereof shall or may be assignable or transferrable to be assigned or transferred to such Person or Persons only as shall freely and voluntarily accept of the same and not otherwise and that all Assignments and Transferrences made in such manner shall be good and available in the Law.

LXI. Stock to be deemed Personal Estates.

And be it further enacted by the Authority aforesaid That the Estates Interests and Stocks of Money of the several Corporations to be created or established in pursuance of this Act and of each and every perticular Member thereof shall be and be adjudged taken and accepted in Construction of Law by all Judges and in Courts of Law and Justice and in all Courts and Places whatsoever to be a Personal and not a Real Estate and shall go to the Executors or Administrators of the Person or Persons dying possessed thereof or intituled thereunto and not to the Heirs of such Person or Persons Any Law Statute Usage or Custom to the contrary notwithstanding.

LXII. The said Annuities and Shares in Trade exempt from Taxes.

And be it further enacted by the Authority aforesaid That the several Annuities or Payments issuing out of the said Yearly Fund or the Shares Parts or Interests of any Members of the said General Society or of the said Company to be erected by virtue of this Act of and in the Principal or Capital Stocks of the same or of or in the Benefit of Trade to be annexed thereunto in pursuance of this Act during the Continuance of the same shall be and are hereby exempted from any Taxes Rates Assessments or Impositions whatsoever.

LXIII. Guardian or Trustee for Infant, may subscribe a Moiety of Money in Trust.

And be it further enacted That any Guardian or Trustee for any Infant may for the Benefit of such Infant subscribe advance and contribute upon this Act a Sum not exceeding one Moiety of the Moneys within his or her Trust upon the Advantages in this Act mentioned and such Infant upon Payment of such Sum shall become the Contributor thereof and the Guardian or Trustee shall be discharged from the same.

LXIV. No Member, in respect of his Stock, to be adjudged bankrupt; Foreign Attachment.

And be it enacted That no Member of any Society or Company to be erected in pursuance of this Act shall in respect of his Stock therein only be or be adjudged liable to be a Bankrupt within the Intent or Meaning of all or any the Statutes made against or concerning Bankrupts and that no Stock in such Society or Company shall be subject or liable to any Foreign Attachment by the Custom of the City of London or otherwise.

LXV. Recital of 8 & 9 W. III. c.20. § 28.

General Society or Company established in pursuance of Act, not to borrow or give Security for any Sums on Credit of Funds by Act granted; nor to borrow, owe, or give Security for any other or greater Sum than shall be employed in their Trade; Such Moneys to be borrowed only on their Common Seal, and not be made payable less than Six Months from Time of borrowing; Not to discount Bills of Exchange, &c. or keep Cash for other Persons.

And whereas by an Act of Parliament made in the Eighth and Ninth Years of His Majesties Reign intituled An Act for making good the Deficiencies of several Funds therein mentioned and for enlarging the Capital Stock of the Bank of England and for raising the Publick Credit it is (amongst other things) enacted That during the Continuance of the Corporation of the Governor and Company of the Bank of England no other Bank or any other Corporation Society Fellowship Company or Constitution in the Nature of a Bank shall be erected or established permitted suffered countenanced or allowed by Act of Parliament within this Kingdom as in and by the said Act more at larg may appear Now for the better securing the Priviledges of the said Governor and Company of the Bank of England granted to them by Parliament and to prevent the Corporation or Corporations Society or Societies Fellowship or Fellowships Company or Companys Constitution or Constitutions which shall or may be established by virtue of this Act from interfering with or being prejuditial to the said Governor and Company of the Bank of England Be it enacted by the Authority aforesaid That it shall [and may (fn. 31) ] be lawfull to and for the Corporation or Corporations Society or Societies Fellowship or Fellowships Company or Companies Constitution or Constitutions which shall or may be established by virtue of this Act (as a Coporation Society Fellowship Company or Constitution) to borrow owe or give Security for any Sum or Sums of Money on Credit of any Publick Fund or Funds hereby granted or any Part thereof and that it shall not be lawful for the said Corporation or Corporations Society or Societies Fellowship or Fellowships Company or Companys Constitution or Constitutions which shall or may be established by virtue of this Act to borrow owe or give Security for any other or greater Sum or Sums of Money than such as shall be really and bona fide expended and laid out in and for the buying of Goods Bullion or Commodities to be exported for the proper Account of the said Corporation or Corporations Society or Societies Fellowship or Fellowshipps Company or Companies Constitution or Constitutions which shall or may be established by virtue of this Act or shall otherwise be imployed in their Trade all which Sum or Sums of Money so to be borrowed for the Purpose aforesaid shall be borrowed only on their Common Seal and shall not be made payable or bona fide agreed to be paid at any time less than Six Months from the time of the borrowing thereof and that it shall not be lawful for the Corporation or Corporations Society or Societies Fellowship or Fellowships Company or Companies Constitution or Constitutions which shall or may be established by virtue of this Act to discount any Bills of Exchange or other Bills or Notes whatsoever or to keep any Books or Cash of or for any Person or Persons Bodies Politick or Corporate whatsoever other than only the proper Moneys and Cash of the said Corporation or Corporations Society or Societies Fellowship or Fellowships Company or Companies Constitution or Constitutions which shall or may be established by virtue of this Act.

LXVI.

An additional Duty of £5 per Cent. laid on all East India Goods imported after 29th Sept. 1698, by any Persons trading pursuant to this Act; to be paid over to the General Society, or such Companies as may be erected, or their respective Treasurers, for maintaining Ambassadors, &c; Overplus of such Duty to be disposed of for the Benefit of the Members, as herein mentioned.

And the said Commons of England in Parliament assembled for the Ends and Purposes in this Act expressed have also given and granted unto His Majesty His Heirs and Successors the further Rates and Duties herein after mentioned And it is hereby further enacted by the Authority aforesaid That for and upon all Goods Wares and Merchandizes whatsoever of the Growth Product or Manufacture of the East Indies or any other Countreys or Places within the Limits aforesaid to wit beyond the said Cape to the Streights of Magellan which from and after the said Nine and twentieth Day of September One thousand six hundred ninety eight at any time or times shall be imported or brought into the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed by any Corporation Person or Persons trading within the Limits aforesaid by virtue or in pursuance of this Act there shall be yeilded and paid to His Majesty His Heirs and Successors (over and above all other Duties payable for the same) a Duty after the Rate of Five Pounds for every One hundred Pounds of the true and real Value of the said Goods to be paid over from time to time to the said General Society of Subscribers and their Successors or such Treasurer or Treasurers as such Society shall appoint to receive the same unless a Company upon the Desire of the Subscribers or any of them shall be erected in pursuance of this Act to trade with a Joynt Stock as aforesaid And from and after the erecting or settling of such Company then the said Duty of Five Pounds per Cents shall be paid over to such Company and their Successors or to their Treasurer to the End that the said General Society and the said Company respectively may out of the Produce of the said Duty of Five Pounds per Cents maintain such Ambassadors or other Ministers as His Majesty His Heirs or Successors (at the Nomination of the Trustees Directors or Managers of or for the General Society aforesaid or of such Company so to be impowered to trade with a Joynt Stock as aforesaid shall be pleased to send to any Emperor Prince or State within the Parts aforesaid and defray any other extraordinary or necessary Expences in carrying on the said Trade And if at any time or times there be an Overplus of the Produce of the said Duty to dispose the same from time to time to and for the Benefit of all the Members of the said General Society until a Company to trade with a Joynt Stock shall be erected as aforesaid And after such Company shall be erected then to and for the Benefit of all the Members thereof according to their respective Shares or Interests in the Principal or Capital Stock of the same.

LXVII.

Security before landing of Goods to be given for; Payment of said additional Duty of £5 per Cent. as soon as the Goods shall be sold; Goods landed before Duty secured, or without Warrant, forfeited.

And for the better raising levying and securing the said Duty after the Rate of Five Pounds in the Hundred it is hereby further enacted That upon the Importation of any such Goods as aforesaid liable thereunto an Entry or Entries thereof shall be made in the Custom-House where such Goods shall be imported and before the landing thereof the Importer or Importers of the same shall give Security (which the Commissioners or proper Officers of the Customs are hereby required and impowered to take) for Payment of the said Duties after the Rate of Five Pounds in the Hundred upon the said Goods as soon as the same shall be sold the Value thereof to be reckoned according to the Gross Price at which such Goods shall be sold And that in Case any such Goods shall be landed or put on Shore out of any Ship or Vessel before due Entry be made thereof at the Custom-House in the Port or Place where [the (fn. 32) ] same shall be imported and the Duties hereby imposed shall be secured or without a Warrant for the landing or delivering of the same first signed by the Commissioners Collectors or other proper Officer or Officers of the Customs respectively that all such imported Goods as shall be so landed or put on Shore or taken out of any Ship or Vessel contrary to the true meaning hereof or the Value of the same shall be forfeited and shall and may be recovered of the Importer or Proprietor thereof (to wit) One Moiety of the same to the Use of His Majesty His Heirs and Successors and the other Moiety to the Use of such Person or Persons as will seize the said Goods or sue for the same or the Value thereof by Action Bill Suit or Information as aforesaid.

LXVIII. The said Duty to be managed by Commissioners of Customs.

And it is hereby further enacted That the said Duty of Five Pounds in the Hundred shall be from time to time under the Management and Government of the Commissioners of the Customs for the time being who shall cause the same to be raised levied collected and paid to the Hands of the Receiver or Receivers General of the Revenue of the Customs for the time being and such Receiver or Receivers General for the time being shall answer and pay over all the Moneys arising thereby (the necessary Charges of raising collecting and answering the same only excepted) in such manner and for such purposes as are before in this Act appointed.

LXIX. Upon Three Years Notice, after 29th Sept. 1711, and Repayment by Parliament of the said £2,000,000, or such Part thereof as shall be advanced, and all Arrears of said Annuities, then all Things granted by this Act to cease.

Provided always and it is hereby declared and enacted That at any time upon [Three (fn. 32) ] Years Notice after the Nine and twentieth Day of September One [thousand (fn. 32) ] seven hundred and eleven upon Repayment by Parliament of the said Sum of Two Millions or such Part thereof as shall be paid or advanced as aforesaid unto the respective Subscribers and Contributers of the same or to such Person or Persons as by from or under them shall be intituled to the said Annuities or Shares of the said yearly Fund or Capital Stock in respect of the same and of all Arreares of the said Annuities or yearly Payments then and from thenceforth as well the said Duties upon Salt and Rock-Salt as the said Duties upon Stampt Velum Parchment and Paper and also the said yearly Fund charged thereupon and the said Annuities issuing out of the same and the said Duty of Five Pounds in the Hundred for the said imported Goods and also all the said Corporations to be erected by or in pursuance of this Act and the Benefit of Trade hereby given or intended to be given to them or any of them shall absolutely cease and determine Any thing herein contained to the contrary notwithstanding.

LXX.Additional Duty of 1s. 10d. per Pound Weight upon all wrought Silks imported from the East Indies after 29th Sept. 1698.

And the said Commons of England in Parliament assembled as a further Supply for His Majesties extraordinary Occasions have moreover freely given and granted unto His Majesty His Heirs and Successors the further Rates and Duties herein after mentioned And it is hereby further enacted by the Authority aforesaid That for and upon all Wrought Silks which from and after the said Nine and twentieth Day of September One thousand six hundred ninety eight at any time or times shall be imported or brought from the East-Indies or from Persia or from any other the Countries or Places within the Limits before mentioned into the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed there shall be yeilded and paid to His Majesty His Heires and Successors (over and above all other Duties payable for the same) the Sum of One Shilling and Ten Pence for every Pound Weight reckoning Sixteen Averdupoize Ounces to the Pound to be paid by the Importer or Importers thereof and to be raised levied collected and paid to the Use of His Majesty His Heirs & Successors by such Ways Rules and Methods and under such Penalties and Forfeitures and in such Manner and Forme as any other Duties upon Silks imported by the Act of Tunnage and Poundage made in the Twelfth Year of the Reign of King Charles the Second or by any other subsequent Act for continuing the same or by any other Law [made (fn. 33) ] in Force relateing to the Customs are to be raised levyed collected and paid.

LXXI. Persons who may trade pursuant to this Act, to have the sole Trade to the East Indies, after 29th Sept. 1698.

Persons trading to the East Indies, other than such as are allowed by this Act; To incur Forfeiture of Ship and Goods; and Penalty.

And be it further enacted by the Authority aforesaid That such Persons or Corporations as in Pursuance of this Act shall have a Right and Power to trade to the East Indies and other the Parts aforesaid according to such Provisions Proportions and Restrictions as are in this Act contained and subject to the Condition or Power of Redemption before mentioned from and after the said Nine and twentieth Day of September One thousand six hundred ninety eight shall have use and enjoy the whole and sole Trade and Traffick and the only Liberty Use and Priviledge of trading trafficking and exercising the Trade or Business of Merchandize to and from the said East Indies and to and from all the Islands Ports Havens Cities Towns and Places within the Limits before mentioned And that the said East Indies or the Islands Havens Forts Cities Towns or Places within the Limits aforesaid or any of them shall not after the said Nine and twentieth Day of September One thousand six hundred ninety eight be visited frequented or haunted by any other of the Subjects of His Majesty His Heirs or Successors during such time as the Benefit of Trade hereby given or intended to be given to the Subscribers or others as aforesaid ought to continue by vertue of this Act And if any of the Subjects of His Majesty His Heirs or Successors of what Degree or Quality soever they be other than such as may lawfully go and trade to the East Indies and other the Parts aforesaid by virtue of this Act and their Factors Agents and Servants respectively who shall be imployed according to the true Meaning hereof shall directly or indirectly visit haunt frequent trade traffick or adventure into or from the said East Indies or other the Parts before mentioned contrary to the true Meaning hereof all and every such Offender and Offenders shall incurr the Forfeiture and Loss of all the Shipps and Vessells which shall be imployed in such Trade with the Guns Tackle Apparel and Furniture thereunto belonging and also all the Goods and Merchandize laden thereupon and all the Proceed and Effects of the same and also double the Value thereof (to wit) One Fourth Part thereof to such Person or Persons as will seize inform or sue for the same to be recovered in any Court of Record as aforesaid and the other Three Fourth Parts to the Use of the said General Society untill a Company shall be erected as aforesaid and after the erecting thereof (if any such be) then to the Use of the said Company without Account the Charges of Prosecution being born by the said Society or Company.

LXXII. If in any one Year, after 29th Sept. 1699, the said Duties shall not be sufficient to satisfy the Payments appointed, such Deficiency made good out of the next Aids.

And be it further enacted by the Authority aforesaid That in case the said Duties arising or appropriated by this Act shall at any time or times appear to be so deficient in the Produce of the same as that within any One Year to be reckoned as aforesaid from and after the Nine and twentieth Day of September which shall be in the Year of our Lord One thousand six hundred ninety nine the Weekly Payments upon the same Rates or Duties shall not amount to so much as shall be sufficient to discharge and satisfy the several and respective Benefits yearly Payments or Advantages by this Act appointed or intended to be paid within or for the same Year respectively that then and so often and in every such Case it is hereby declared that every such Deficiency and Deficiencies shall be provided for answered and made good by or out of the next Aids to be raised and granted by Parliament for and towards the discharging or paying off the said Benefits Yearly Payments or Advantages appointed by this Act as together with the Moneys which shall [have (fn. 34) ] been brought into the said Receipt of the Exchequer of or for the said several Rates and Duties hereby granted or appropriated shall be sufficient to pay off and discharge all the Moneys which shall within the same Year respectively be grown due or ought to be paid for the Recompences Yearly Payments and Advantages hereby provided according to the true Intent and Meaning of this Act.

LXXIII. Proviso for present East India Company trading till 29th Sept. 1701.

Provided also and be it enacted by the Authority aforesaid That nothing in this Act shall extend or be construed to extend to hinder or restrain the Governor and Company of Merchants of London trading into the East Indies to continue to trade within the Limits aforesaid untill the Nine and twentieth Day of September One thousand seven hundred and one Any Thing in this Act contained to the contrary notwithstanding.

LXXIV. Ships not in the Service of the said Company, cleared from England for the East Indies, before 1st July 1698, not liable to Forfeitures.

Provided also and be it enacted by the Authority aforesaid That nothing in this Act shall extend or be construed to extend to make any Shipps (not in the Service of the said Governor and Company of Merchants of London trading into the East Indies) which were cleared outwards from England or else where for the East Indies or Limits aforesaid before the First Day of July One thousand six hundred ninety eight or the lading thereof (so as they return into some Port of this Kingdom without breaking Bulk in any Part of Europe to be liable to any of the Penalties or Forfeitures in this Act Any thing herein contained to the contrary notwithstanding.

LXXV. The present East India Company to pay their just Debts, and their Estates made liable thereunto.

The said Company making Dividends after 24th June 1698, before Payment of their Debts, the respective Members liable so far as their Shares upon such Dividends shall extend to pay, besides Double Costs.

And be it enacted by the Authority aforesaid That the Governor and Company of Merchants of London trading into the East Indies shall pay and discharge all just Debts whatsoever which the said Governor and Company do owe or are subject to and that all and singular the Manors Lands Tenements Goods Wares Merchandizes Chattels Real and Personal as well granted and confirmed to them and their Successors by any Letters Patents under the Great Seal of England heretofore made or by the Concessions and Grants of any Person or Persons whatsoever or of which they now are or hereafter shall be seized or possessed by any Manner Ways or Means whatsoever shall be and are hereby declared to be subject unto and chargable with the Payment of the said just Debts And if at any time from and after the Four and twentieth of June One thousand six hundred ninety eight the said Governor and Company or any other Person or Persons shall make any Dividend or Dividends of their Stock or Estates or any Part thereof or of any of the Effects or Produce of the same before the full Payment and Satisfaction of their said just Debts in every such Case the particular Members and every of them respectively who in their Private [or Personal (fn. 34) ] Capacities shall receive any Share of such Dividend or Dividends shall be severally liable and they are hereby made liable so farr as their respective Shares so by them respectively received upon such Dividend or Dividends shall extend to pay and satisfy the said Debts or such of them which shall remain due and unpaid to any other Person or Persons Bodies Politick or Corporate who by virtue of this Act are severally enabled to sue for and recover the same besides Double Costs of Suit by Action of Debt or of the Case as is before mentioned Any thing in this Act or any Law Statute Usage or Prescription to the contrary notwithstanding.

LXXVI. Every Society or Company, to be erected in pursuance of this Act, not to owe at any one Time more than the Value of their Capital Stock undivided.

If by any Dividends their Debts at any time exceed their Capital Stock, the respective Members liable, so far as the Shares they received upon such Dividends will extend, besides Costs.

Provided always and be it enacted That every Society Company or Corporation whatsoever which shall be erected or established in pursuance of this Act and their Successors respectively shall take care that the Sum Total of all the Debts which such Society Company or Corporation respectively shall owe at any one time to any other Person or Persons Bodies Politick or Corporate doe not exceed the Value of the Principal or Capital Stock or Stocks which at any such time shall be & remain to such Society Company or Corporation undivided and that in case any such Society Company or Corporation by any Dividend or Dividends whatsoever to be made amongst themselves or in their Private or Personal Capacities shall reduce or lessen their Joynt Stock Principal or Capital without limiting paying off or proportionably reduceing the total Sum of the said Debts which they shall owe to others as aforesaid so that the Value of their Joynt Stock Principal or Capital undivided shall not be sufficient to answer their just Debts then remaining unpaid in every such Case the particular Members and every of them respectively who in their Private or Personal Capacities shall receive any Share of such Dividend shall be severally liable and they [are (fn. 34) ] hereby made liable so farr as the respective Shares so by them respectively received upon such Dividend or Dividends shall extend to pay and satisfy the Debts which shall remain due and unpaid by such Society Company or Corporation respectively to any other Persons or Bodies Politick or Corporate as aforesaid who by virtue of this Act shall and may sue for and recover the same besides Costs of Suit by Action of Debt or of the Case as is before mentioned Any thing in this Act or any other Act Law Usage or Custom to the contrary notwithstanding.

LXXVII. Out of Monies contributed or to arise by any other Act of this Session (not particularly appropriated) there may be applied, To the Use of Mints, £29,209. To His Majesty's Household, &c.£400,000 and such Sums as may be necessary to satisfy the Premiums on Contracts for circulating Exchequer Bills.

The rest for Land and Sea Service; Treasury to apply the said Monies accordingly.

Provided always and it is hereby enacted by the Authority aforesaid That out of the Moneys which shall be contributed or advanced by this Act and out of the Moneys which by Loans or otherwise upon any other Act or Acts of this present Session of Parliament for granting of any Aide or Supply to His Majesty shall arise (over and above the Moneys by them or any of them appropriated directed or authorized to be applied for any particular Use or Uses Purpose or Purposes therein mentioned) the Sums following shall and may be applied issued and disposed (that is to say) the Sum of Twenty nine thousand two hundred and nine Pounds to defray the Expence and Charges of His Majesties several Mints and to clear the Moneys which are due to the several Importers there and the Sum of Four hundred thousand Pounds for defraying the Expences of His Majesties Houshold and Family and other necessary Occasions of the Civil Government over and above the Sum not exceeding Six hundred thousand Pounds which in and by one Act of this Session intituled An Act for granting to His Majesty an Aid by a Quarterly Poll for One Year is to be made use of for paying of Tallies and other Purposes therein mentioned and that out of the Moneys to be advanced or to arise as aforesaid such Sums as shall be necessary to satisfy the Premiums or Rewards due or to be [due (fn. 35) ] to such as have contracted or shall contract to advance Moneys from time to time for exchanging or circulating the Bills commonly called Exchequer Bills shall and may be in like manner applied and disposed and that all other the Moneys which shall be advanced upon this Act or arise by Loans or otherwise as aforesaid upon any other Act or Acts of this present Session of Parliament (other than and except as is before mentioned) shall and may be applied and the same are hereby appropriated for and towards the Payment and Satisfaction of such Sum and Sums of Money as are or shall be due owing or payable for Land and Sea Services performed and to be performed and the Charges and Expences relating thereunto or some of them so farr as the said Money will extend And the Commissioners of His Majesties Treasury now being and the Tresurer and the Under Treasurer of the Exchequer and Commissioners of the Treasury for the time being are hereby directed authorized and required to cause all the Moneys to be advanced or arising as aforesaid to be applied issued and paid accordingly.

LXXVIII.1 W. & M. Sess. 2. c. 1

And to the End the Sums by this Act appropriated may not be diverted or applied to any other Purposes than are hereby directed and intended Be it further enacted by the Authority aforesaid That the Rules and Directions appointed and enacted in one Act made in the First Year of His Majesties Reign intituled An Act for granting to Their Majesties an Aid of Two Shillings in the Pound for One Year for the speedy Payment of Money thereby granted into the Receipt of the Exchequer by the Collectors and Receivers and for the Distribution and Application thereof and keeping distinct Accounts of the same and all other Provisions Pains Penalties and Forfeitures thereby enacted in case of Diversion or Misapplication of any Money thereby appropriated are hereby revived and enacted to be in force and shall be practised applied executed and put in Ure for and concerning the Distribution and Application of the said Sums hereby appropriated as fully amply and effectually as if the same were here again particularly repeated and re-enacted.

LXXIX. Recital of 8 & 9 W.III.c.28.§ 2

Bank Bills may be received in all Payments to the King, until the End of the next Session of Parliament; but not when they are at any Discount.

And whereas by an Act made and passed in the Session of Parliament held in the Eighth and Ninth Years of His Majesties Reign intituled An Act for the better Observation of the Course antiently used in the Receipt of Exchequer It is (amongst other things) enacted and declared That from and after the Twenteth Day of April One thousand six hundred ninety seven no Teller in the said Receipt of Exchequer should charge himselfe by his Bill with the Receipt of any Moneys in the Exchequer but at such time as the Officers of the Tally Court their Deputies or Substitutes should be there present to levy a Tally or Tallies for the same nor should any Teller or other Person imployed by him throw down or cause to be thrown down into the said Court any Bill or Bills owning or purporting the receiving any Sum or Sums of Money from any Lender of Money Receiver or any other Person or Persons whatsoever upon which Bill or Bills a Talley or Tallies are to be levied according to the Course of the said Receipt unlesse such Teller respectively or his Clerks or Persons imployed by him should have actually received and have then in the Office the very Money which should be specifyed in such Bill or Bills respectively (except as therein is excepted) under the Penalties therein mentioned Be it enacted by the Authority aforesaid That it shall and may be lawfull for the Lord High Treasurer or any Three or more of the Commissioners of His Majesties Treasury for the time being if he or they shall think fit and it be found safe and expedient for His Majesties Service to permit and direct the Tellers of the said Receipt of Exchequer or their Clerks from and after the Tenth Day of July One thousand six hundred ninety eight to receive from Commissioners Receivers Collectors or other Persons making any Payments to His Majesty at the said Receipt of His Exchequer upon any Account whatsoever or upon Loans Bills under the Seal of the Governor and Company of the Bank of England commonly [called (fn. 35) ] Bank Bills as shall be tendred in Payment for any Aids Taxes Revenues or Loans whatsoever unto the End of the next Session of Parliament and no longer Any thing in the said recited Act or in any other Act or Acts of Parliament or any Custom or Usage to the contrary in any wise notwithstanding Provided that none of the said Bank Bills shall be so taken in the Exchequer when the same are at any Discount.

Footnotes

  • 1. interlined on the Roll.
  • 2. interlined on the Roll.
  • 3. or O.
  • 4. said O.
  • 5. the O.
  • 6. interlined on the Roll.
  • 7. interlined on the Roll.
  • 8. O. omits.
  • 9. any Salt O. & King's Printer's Copy.
  • 10. into England O. & King's Printer's Copy.
  • 11. interlined on the Roll.
  • 12. O. omits.
  • 13. interlined on the Roll.
  • 14. such O.
  • 15. interlined on the Roll.
  • 16. Chief O. & King's Printer's Copy.
  • 17. interlined on the Roll.
  • 18. O. omits.
  • 19. as aforesaid.
  • 20. interlined on the Roll.
  • 21. Money O. & King's Printer's Copy.
  • 22. Use O. & King's Printer's Copy.
  • 23. interlined on the Roll.
  • 24. Eight O. & King's Printer's Copy.
  • 25. yearly O. & King's Printer's Copy.
  • 26. interlined on the Roll.
  • 27. interlined on the Roll.
  • 28. interlined on the Roll.
  • 29. afterwards O.
  • 30. or O.
  • 31. not O. & King's Printer's Copy.
  • 32. interlined on the Roll.
  • 33. now O.
  • 34. interlined on the Roll.
  • 35. interlined on the Roll.