cates fhall be figned by the managers fo to be appointed, or the major part of them, and be directed to the accomptant general of the bank of England for the time being.

Accomptant XXXI. And be it further enacted by the authority aforefaid, general to That the faid accomptant general of the bank of England for give credit for the time being, to whom the faid certificates are to be directed the principal fums in the as aforesaid, fhall, upon receiving and taking in the said certificertificates. cates, or any of them, give credit to the perfons named therein, in a book or books to be by him provided and kept, for the Affignments principal fums contained in every fuch certificate; and the permay be made fons to whofe credit fuch principal fums thall be entered in the of the faid faid book or books, his, her, or their executors, administrators, fums, &c. fucceffors, and affigns, fhall and may have power to affign or transfer the fame, or any part, fhare, or proportion thereof, to any other perfon or perfons, bodies politick or corporate whatsoever, in books to be prepared and kept by the faid accomptant general; and the faid principal fums fo affigned or transferred Thall carry the faid annuity of three pounds per centum per annum, and shall be taken and deemed to be stock transferrable by virtue of this act, until the redemption thereof in manner herein Certificates to mentioned; and the faid accountant general of the bank of England for the time being, is hereby authorized and directed to cancel and file the certificates, as they fhall, from time to time, be received and taken in by him; and to give the perfons bringing in the fame a note under his hand, testifying the principal money for which they fhall have credit in the faid book or books, by reafon or means of the certificates fo received, taken in, and cancelled as aforefaid, and of the annuities attending the fame.

be filed and cancelled, and notes to be

given in lieu thereof.

XXXII. And, for the more effectual execution of this act, be it further enacted by the authority aforefaid, That the faid governor and company of the bank of England, and their fucceffors, fhall, from time to time, until the faid annuities fhall be redeemed, appoint or employ one or more fufficient perfon or perfons within their office in the city of London to be their chief or first cashier or cafhiers, and one other fufficient perfon within the fame office to be their accountant general; and that fo much of the monies, from time to time, and at any time, arifing or being in the receipt of the exchequer of or for the furpluffes, exceffes, overplus monies, and other revenues compofing the fund, commonly called The finking fund, as shall be fufficient, from time to time, to answer the half-yearly payments of the faid annuities, fhall (after paying, or reserving fufficient to pay, all fuch fums of money as, before the passing of this act, fhall have been directed by any former acts of parlia ment to be paid out of the said fund) by order of the commiffioners of the treasury, or any three or more of them, or the high treafurer for the time being, without any further or other warrant to be fued for, had, or obtained, in that behalf, be iffued and paid at the faid receipt of exchequer to the faid first or chief cafhier or cashiers of the faid governor and company

of

of the bank of England and their fucceffors for the time being, by way of impreft and upon account, for the payment of the faid annuities; and that fuch cashier or cashiers to whom the who is to ap faid monies thall, from time to time, be iffued, fhall, from time ply the fame to time, without delay, apply and pay the fame accordingly, and render an accordingly, and render his or their accounts thereof according to the due account courfe of the exchequer.

thereof.

XXXIII. And it is hereby alfo enacted, That the faid ac- Accountant countant general for the time being fhall, from time to time, general to ininspect and examine all receipts and payments of the faid cathier fpect the reor cafhiers, and the vouchers relating thereunto, in order to payments, prevent any fraud, negligence, or delay.

ceipts and

with the

XXXIV. And be it further enacted by the authority afore- vouchers. faid, That all perfons and corporations intitled to any of the Annuities faid annuities, and their executors, adminiftrators, fucceffors, deemed a perfonal estate, and affigns, refpectively, and all perfons and corporations lawfully claiming under them, fhall have good, fure, abfolute, and indefeazible estates and interefts in the fame, according to the tenor and true meaning of this act, and shall be poffeffed thereof as of a perfonal eftate, which fhall not be defcendable to heirs, nor liable to any foreign attachment by the custom of London, or otherwife; any law, custom, or ufage, to the contrary notwithftanding.

ded to the

XXXV. And be it further enacted by the authority aforefaid, That all the monies to which any perfon or perfons fhall be intitled by virtue of this act, in refpect of any fum advanced or contributed towards the faid fum of nine hundred thousand pounds, on which the faid annuities, after the rate of three pounds per centum, fhall be attending, and the principal fums to be determined by the drawing of the faid lottery, to be attended with annuities after the like rate, fhall be added to and and to be admade part of the joint ftock of annuites transferrable at the joint ftock bank of England, into which the feveral fums carrying an in- transferrable tereft after the fame rate were converted by certain acts of par- at the bank; liament, made in the twenty fifth, twenty eighth, and twenty ninth, years of his late Majefty's reign, and by feveral other acts; fubject, nevertheless, to redemption by parliament, in fubject to refuch manner and upon fuch notice as in the faid act made in demption. the twenty fifth year of his faid late Majefty's reign is directed, in refpect of the feveral and refpective fums, or any part thereof, for which the feveral and respective annuities therein mentioned, or any of them, are payable; and that all and every perfon and perfons, and corporations, whatsoever, in proportion to the money to which he, fhe, or they, fhall be intitled as aforefaid, fhall have, and be deemed to have, a proportional interest and fhare in the faid joint stock of annuities.

XXXVI. And be it further enacted by the authority afore- Transfer faid, That books fhall be conftantly kept by the said accountant books to be general for the time being, wherein all affigniments or transfers kept by the of all fums advanced or contributed towards the faid fum of general. nine hundred thousand pounds, and of all fums determined

accountant

Method of stock.

and afcertained by the drawing of the faid lottery, fhall be entered and registered; which entries fhall be conceived in proper transferring words for that purpose, and fhall be figned by the party or parties making fuch affignments or transfers; or, if any fuch party or parties be absent, by his, her, or their attorney or attornies thereunto lawfully authorized, by writing under his, her, or their hand and feal, or hands and feals, to be attefted by two or more credible witneffes; and that the perfon or perfons to whom fuch transfer shall be made, fhall respectively underwrite his, her, or their acceptance thereof; and that no other method of affigning or transferring any part of the faid annuities or principal fums fhall be good and available in law; and that no stamp duties whatsoever shall be charged on the faid transfers, or any of them.

Annuities devifeable by will.

Entry to be made of fuch

claufe in the

will.

Treasury to

and to make

XXXVII. Provided always, That all perfons poffeffed of any estate, share, or intereft, in the faid annuities, may devise the fame by will; but that no payment fhall be made upon any fuch devife, until fo much of the faid will as relates to fuch estate, share, or intereft, be entered in the office of the faid governor and company; and that in default of fuch transfer or devife, fuch fhare, eftate, or intereft, fhall go to the executors, adminiftrators, or fucceffors.

XXXVIII. Provided always, and be it enacted by the authopay all inci- rity aforefaid, That the commiflioners of the treafury, or any dent charges three or more of them, or the high treasurer for the time being, attending the fhall have power, and he and they is and are hereby authorized execution of this act; to defray fuch incidental charges as fhall neceffarily attend the execution of this act, in fuch manner as to him or them fhall feem juft and reasonable, out of the furpluffes, exceffes, overplus monies, and other revenues, compofing the fund commonly called The finking fund; and alfo to appoint fuch allowances as he or they fhall think proper, out of the faid fund, for the fervice, pains, and labour, of the faid cafhier or cafhiers in receiving, paying, and accounting for, the faid contributions and the faid annuities; and for the fervice, pains, and labour of the faid accountant general, for performing the trust hereby to be at the repofed in him: all which allowances to be made as aforesaid in difpofal of the refpect of the fervice, pains, and labour, of any officer or offigovernor and cers of the faid governor and company, fhall be for the use and company of benefit of the faid governor and company, and at their disposal the bank. only.

an allowance to the cashier,

and account ant general;

Bank to continue a corporation till thefe annui

ties be redeemed, &c.

XXXIX. Provided always, and be it further enacted by the authority aforefaid, That the faid governor and company of the bank of England, and their fucceffors, notwithstanding the redemption of all or any of their own funds in purfuance of the acts for establishing the fame, or any of them, fhall continue a corporation for the purposes of this act, until all the faid annuities fhall be redeemed by parliament; and that the faid governor and company of the bank of England, or any member thereof, fhall not incur any difability for or by reason of their doing any matter or thing in pursuance of this act.

6

XL. And

XL. And be it further enacted, That no fee, reward, or No fee to be gratuity whatsoever, fhall be demanded or taken of any of his taken for reMajefty's fubjects, for receiving or paying the said contribution-ceiving or monies, or any paying the of them, or for any tallies or receipts concern- contributioning the fame, or for iffuing the monies for paying the faid an- monies, annuities, or any of them, or for any transfer of any fum, great puities, &c. or fmall, to be made in pursuance of this act; upon pain that any offender, or perfon offending by taking or demanding any fuch fee, reward, or gratuity, fhall, for every fuch offence, forfeit the fum of twenty pounds to the party aggrieved, with full on penalty of cofts of fuit; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Weftminfter; wherein no effoin, protection, privilege, or wager of law, injunction, or order of restraint, or any more than one imparlance, fhall be granted or allowed.

XLI. And be it further enacted by the authority aforesaid, That if any perfon or perfons shall be fued, molefted, or profecuted, for any thing done by virtue or in pursuance of this = act, fuch perfon or perfons fhall and may plead the general iffue, and give this act, and the fpecial matter, in evidence, in his, her, or their defence or defences; and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall difcontinue his, her, or their action or profecution, or be nonfuited, or judgement fhall be given against him, her, or them, upon demurrer or otherwife; then fuch defendant or defendants fhall have treble cofts awarded to him, her, or them, against any such plaintiff or plaintiffs.

CAP. XL.

An alt for explaining and amending fuch part of an act made in the third year of the reign of his prefent Majefty, as relates to certain duties on wines imported; for the more eafy collecting, and effectually fecuring, the ftamp duties for copies of court rolls; for relief of perfons who have omitted to infert in indentures, or other writings, the full fum agreed to be paid with clerks, apprentices, and other fervants; for amending fuch parts of two acts made in the laft feffion of parliament, as relate to certain Eaft India goods, and bugles, exported to Africa; for permitting a certain quantity of wheat, barley, oats, meal, and flour, to be exported from Great Britain to the ifle of Man, for the ufe of the inhabitants there; for allowing the exportation of certain quantities of coals, free from the payment of the duty granted by an act made in the last feffion of parliament, to the islands of Jerfey, Guernsey, and Alderney; and for obviating certain doubts with respect to the importation of oats and oat-meal, under the authority of an Git made in this prefent feffion of parliament. WHEREAS

P3

201.

General issue.

Treble cofts.

Preamble, re.

C. 12.

citing claufes WHEREAS by an all of parliament made in the third year of the reign of his prefent Majesty, intituled, An act for in act 3 Geo.3. granting to his Majefty feveral additional duties upon wines imported into this kingdom, and certain duties upon all cyder and perry; and for raifing the fum of three millions five hundred thousand pounds, by way of annuities and lotteries, to be charged on the faid duties; it is, amongst other things, enacted, That from and after the thirty first day of March, one thousand feven hundred and fixty three, over and above all fubfidies of tonnage and poundage, and all other fubfidies, additional duties, and impofitions whatfoever due or payable for all wines and vinegar imported into Great Britain, by any act or acts of parliament then in force, there fhall be raifed, levied, collected, and paid unto his Majesty, his heirs, and fucceffors (before landing thereof) the additional impofitions, rates, or duties following, without any discount or deduction inwards, or drawback on re-exportation afterwards; that is to fay, for every ton of French wine and French vinegar which shall be imported into this kingdom, the fum of eight pounds, and fo after that rate for any greater or leffer quantity; and alfo for every ten of all other wines and vinegar fa imported into this kingdom, the fum of four pounds, and fo after that rate for any greater or leffer quantity; the fame to be raifed, levied, collected, paid, and recovered, in fuch manner and form, and by fuch ways, means, and methods, and under fuch penalties and forfeitures (except as to discounts and drawbacks aforefaid) as are mentioned and expreffed in the act of parliament made and paffed in the first year of the reign of his late majesty King James & act 1 Jac. 1, the Second, intituled, An act for granting his Majesty an impofition upon all wines and vinegar imported between the twenty fourth day of June, one thoufand fix hundred and eighty five, and the twenty fecond day of June, one thousand fix hundred and ninety three, or in any other act or acts of parliament, by which the faid impofitions, rates, and duties, upon all wines and vinegar imported, were continued and made perpetual: and whereas by the faid recited act of the third year of the reign of his prefent Majefty, it is alfo enacted, That no merchant shall, in respect of the duties impofed by that aft, be allowed twelve pounds per centum, or have any allowance for leakage, upon any wines imported into this kingdom, unless fuch wine be imported directly from the country or place of the growth of the faid wine, or the ufual port or place of it's first shipping; except Madeira wines imported into this kingdom from any of his Majefty's plantations in America: and whereas the faid refpective duties of eight pounds and four pounds per ton, impofed upon wines by the faid recited act, have been collected and paid, without any discount or deduction inwards, according to the true intent and meaning of the said att : and whereas fome doubts and questions have nevertheless been lately made, whether the before mentioned allowance of twelve pounds per centum for leakage, should be deducted out of the faid duties for fuch wines as were imported directly from the country or place of the growth of the faid wine: for the obviating and clearing of which doubts, with regard as well to the time paff as to come, and for the acquitting,