1766.]

this act, not

XXI. Provided alfo, and be it further enacted by the autho- Dealers ofrity aforefaid, That no feller of, or dealer in, coals, within the fending under limits aforesaid, fhall, for any offences under this act, be fub- liable to peject or liable to any other penalty, forfeiture, or disability, than nalties of act what are herein before refpectively inflicted or enacted, in or by 3 Geo. 2. &c. the act of the third year of the reign of his late majesty King George the Second, intituled, An act for the better regulation of the coal trade, or any other law, ftatute, or custom, to the contrary notwithstanding.

&c.

XXII. And be it further enacted and declared by the authority Recovery and aforefaid, That the aforefaid feveral forfeitures and penalties im- application pofed, and to be incurred, by virtue or under this prefent act, of penalties, Thall be recovered and applied in the manner, and to and for the purposes, following (that is to fay) fuch and fo many of the faid forfeitures and penalties as do and fhall exceed the fum of five pounds, by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster; the one moiety of which faid forfeitures and penalties (that is, where each of them exceeds five pounds) fhall be to and for the use of our fovereign lord the King, his heirs, and fucceffors, and the other moiety thereof (with full cofts of fuit) to and for the use of fuch perfon or perfons who fhall inform or fue for the fame; and all other the aforefaid forfeitures and penalties fhall be recovered by way of complaint made unto any one or more justice or justices of the peace for the city of London, or for the faid county of Middlefex, who is and are hereby required to call the parties before him or them, and to hear and examine fuch complaint on oath, or upon affirmation (in case any teftimony in this refpect fhall be given by any of the people called Quakers, and which oath or affirmation fuch juftices are hereby refpectively required and impowered to adminifter and take) and upon due proof thereof made to his or their fatisfaction, to grant a warrant under his or their hand and feal, or hands and feals, for levying fuch forfeitures and penalties accordingly; the one moiety thereof to and for the ufe of the informer, and the other moiety thereof to and for the ufe of the poor of the parish in which fuch offences fhall have been refpectively committed; and in cafe fuch forfeitures or penalties fhall not (after fuch conviction or convictions) be forthwith paid, that then the fame fhall be levied by diftrefs and fale of the goods and chattles of the refpective offenders, by warrant or warrants under the hand and feal, or hands and feals, of fuch juftice or juftices of the peace, before whom fuch offender or offenders fhall be convicted, rendering the overplus (if any be) to fuch offender or of fenders; and for want of fufficient diftrefs, fuch offender or offenders shall be committed to hard labour for any time not exceeding thirty days, and not lefs than feven days, there to remain and be kept to hard labour.

XXIII. Provided alfo, and it is hereby further enacted and Perfons ag declared, That if any perfon fo convicted as aforefaid, fhall grieved may think himself aggrieved, he may appeal to the general quarter

A a 4

appeal to the quarter fel. fellions tous.

i

No Certiorari.

Limitation of actions.

feffions of the peace to be held for the city of London or county of Middlefex next after fuch conviction, but not afterwards; and that feffions, when fo appealed to, fhall, at the then next feffions after bringing fuch appeal, hear and finally determine the fame; and if the appellant in fuch appeal fhall not make good, fupport, and fucceed in fuch his appeal, or prosecute the fame with effect, the faid court of feffions fhall then award fuch cofts as they fhall think reafonable, to be then and there in open court, with the penalty adjudged on and by fuch conviction, paid to the profecutor or informer; and for want thereof to commit the perfon or perfons thus appealing to the common gaol of and for the city of London or the county of Middlefex, and there to remain until he or they shall and do make actual payment of fuch cofts and penalty, to the perfon or perfons to whom the fame shall be awarded, for the purposes aforefaid; but in case the faid appellant shall make good, fupport, and fucceed in fuch his appeal, and be acquitted of his conviction, the fame court fhall, in that cafe, award to fuch appellant reasonable cofts, to be then and there in open court paid to him or them, by the perfon or perfons on whofe information or profecution fuch conviction fhall have been founded or made; and for want of such payment, the faid court of feffions thall commit such informers and profecutors refpectively to the common gaol of the faid city of London or the county of Middlefex, there to remain until he or they fhall and do actually pay to fuch appellant the cofts fo refpectively awarded to them as aforefaid; but no conviction to be pronounced or made by virtue of or under this act, shall be quashed or vacated for want of form only.

XXIV. And it is hereby enacted, That no writ of Certiorari fhall iffue or be iffuable to remove the record of any conviction, or proceedings thereon to be taken, made, or pronounced, in pursuance or by the authority of this act, into any of his faid Majefty's courts of record at Westminster.

XXV. And be it further enacted by the authority aforefaid, That if any action, information, or fuit, fhall be brought, filed, or profecuted, against any person or perfons, for any thing to be done in pursuance of this act, the fame fhall be commenced or filed within two months next after the fact committed, and not afterwards; and shall be laid in the city of London, and not elsewhere; and the defendant or defendants in or to fuch actions, General influe. fuits, or informations, may plead the general iffue, and give this act and the special matter in evidence on any trial to be had thereupon, and that the fame was done in pursuance of this act: and if the fame fhall appear fo to have been done, or if any fuch action, fuit, or information, fhall be brought or filed after the time for this purpose herein before in this refpect limited, or fhall be laid or brought in any other county or place, then the jury, in every fuch cafe, fhall find for the defendant or defendants; and if the plaintiff or plaintiffs fhall become nonfuit, or fuffer a difcontinuance of his, her, or their action or actions, or if a verdict fhall pafs against the plaintiff or plaintiffs; or if

upon

upon demurrer judgement fhall be given against the plaintiff or Treble cofts. plaintiffs, the defendant or defendants fhall have full cofts, and fuch remedy for the recovery of the fame, as any defendant or defendants hath or have for costs of fuit in other cafes by law.

XXVI. And be it further enacted by the authority aforefaid, Publick act. That this present act fhall be deemed, judged, and taken to be, a publick act; and fhall be judicially taken notice of as fuch by all judges, juftices, and all other perfons whatfoever, without fpecially pleading the fame.

XXVII. And it is hereby further enacted by the authority Term of the aforefaid, That this act shall continue and be in force for four- act. teen years from and after the faid first day of June, one thoufand feven hundred and fixty seven, and from thence to the end of the then next feffion of parliament.

CAP. XXIV.

An act for raising the fum of one million five hundred thousand pounds, by way of annuities and a lottery, attended with annuities to be charged on the finking fund.

Preamble. The fum of 1,500,000l. granted; to be raised, viz. 900,000l. thereof by annuities, and 600,oool. by a lottery. Natives or foreigners, who, in books opened at the bank, have subscribed to the said sum of 900,000l. and depofited 151. per cent. of their fubfcription-money, are to pay the remainder as herein directed. 10l. per cent. by 27 May, 1767; 10l. per cent. by 26 June; 151. per cent. by 27 August; 151. per cent. by 25 Sept. 151. per cent. by 30 October; and 151. per cent. by 17 Nov. fubfcriptions to the lottery to be paid, viz. 251. per cent. by 16 June; 30l. per cent. by 28 July; and 40l. per cent. by 11 Sept. Subfcribers to the faid fum of 900,000l. intitled to an annuity of 31. per cent. Interest to commence from 5 Jan. 1767. The 600,000l. to be raised by a lottery, to carry an intereft of 31. per cent. to commence from 5 Jan. 1768. Intereft on both fums to be paid half-yearly, on 5 July, & 5 Jan. Subfcribers paying the whole of their subscriptions towards the annuities on or before 27 October, and to the lottery, on or before 24 July, to be allowed intereft, by way of discount, for the fame. T ts for the lottery to be delivered to fubfcribers compleating their fubfcriptions. Annuities made transferrable. Receipts to be given for the money paid in towards the faid fum of 900,000l. the fame are made transferrable. Cahier of the bank to give fecurity for duly accounting for, and paying over the faid monies into the exchequer. Treafury to apply the money to the fervices voted this feffion. Names of contributors to be entered in books to be provided by the accomptant general of the bank; to be infpected gratis: Duplicate to be tranfmitted into the auditor's office of the exchequer. Contributors, duly paying their contribution monies, intitled to a proportionable share of the annuities; and the fame are to be tax-free; but where the fums fubfcribed fhall not be duly paid, the depofit, &c. is forfeited to the publick. Credit to be given, in the books at the bank, to contributors compleating their payments to the faid fum of 900,000l. Perfons, to whofe credit fuch fums hall be placed, may affign the fame; the faid fums to carry 31. per cent. intereft, and be deemed transferrable ftock. Annuities charged on the finking fund. Managers and directors of the lottery to be appointed by the treasury. Method of the lottery books. Managers to examine the books with the tickets, and deliver them after to the cashiers of the bank, taking a receipt for the fame. Cahiers to return the books with the remainder of the tickets. Tickets of the middle columns to be rolled up, and fastened with filk; and cut off indentwife into a box marked with the letter (A) box to be locked up and fealed. Books to be prepared with 2 columns, on each of which 60,000 tickets to be printed. The number and value of the fortunate tickets. 500l. to the first drawn ticket, and 1000l. to the last drawn. Tickets of the outermoft columns of the laft-mentioned

book

Preamble.

[1766 book to be rolled up and tied, and cut out indentwife, into a box marked with the letter (B) box to be locked up and fealed. Publick notice to be given of the times of putting the tickets into the boxes. Lottery to begin drawing on 16 Nov. 1767. Method to be obferved in drawing, &c. After each day's drawing, the boxes to be locked up and fealed. Number of the fortunate tickets, and the fums, to be printed. Difputes relating thereto, to be adjusted by the managers. Penalty of forging tickets or certificates, felony. Managers to be worn. Cafhier, on receiving the refidue of the fums fubfcribed, the bearers intitled to one lottery ticket for every rol. fubfcribed. Contributors not making good their payments with refpect to the faid lottery, within the times limited, to forfeit their depofits; and the tickets for fuch fums to be delivered back into the exchequer. Managers, &c. to be paid by the commiffioners of the treafury. Limitation of fale of chances, &c. Penalty. Perfons felling fhares in tickets of which they are not poffeffed, forfeit 500l. Offences committed in Ireland against acts for preventing unlawful lotteries, declared to be punishable, and may be foed for in Dublin. After the drawing of the lottery, the tickets to be exchanged for certificates. Managers to give notice of the time for taking in the tickets, and delivering out the certificates, &c. Books to be kept for entering perfons names, and the number of their tickets, &c. Certifi cates to be figned, &c. Accomptant general to give credit for the princi pal fums in the certificates. Alignments may be made of the faid fums, &c. Certificates to be filed and cancelled, and notes to be given in lieu thereof. Bank to employ a chief clerk and accomptant general. Monies to be iffued out of the finking fund, from time to time, to the said clerk, for payment of the annuities; who is to apply the fame accordingly, and render an account thereof. Accomptant general to infpect the receipts and payments, with the vouchers. Annuities deemed a perfonal eftate, and to be added to the joint ftock transferrable at the bank'; fubject to redemption. Transfer books to be kept by the accomptant general. Method of transferring ftock. Annuities devifeable by will. Entry to be made of fuch claufe in the will. Treafury to pay all incident charges attending the execution of this act; and to make an allowance to the cashier, and ac comptant general; to be at the difpofal of the governor and company of the bank. Bank to continue a corporation till these annuities be redeemed, &c. No fee to be taken for receiving or paying the contribution-monies, annuities, &c. on penalty of 201. General iffue. Treble cofts.

CAP. XXV.

An act for redeeming one fourth part of the joint flock of annuities established by an act made in the third year of his prefent Majefty's reign, intituled, An act for 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.

Moft gracious Sovereign,

HEREAS in pursuance of an act made in the third year of your Majesty's reign, intituled, An act for 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; the fum of three millions five hundred thousand pounds was raifed for the public fervice; which fum was to be deemed one capi

tal

tal and joint ftack, and to be attended with annuities after the rate of four pounds per centum, redeemable by parliament: and whereas your Majefty's moft dutiful and loyal fubjects, the commons of Great Britain in parliament affembled, have refolved, that one fourth part of the faid capital ftock be redeemed and paid off on the fifth day of January, one thousand feven hundred and fixty eight, and feveral public notices have been given of the faid refolution by the Speaker of the boufe of commons, pursuant to the order of that house: There fore your faithful commons do moft humbly befeech your Majefty, that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of Notices given the lords fpiritual and temporal, and commons, in this present of the refoluparliament affembled, and by the authority of the fame, That fuch notices as aforefaid fhall be, and be deemed, adjudged, tion to reand taken to be, good and fufficient notice or notices within the deem one true intent and meaning of the faid act, for the redemption of fourth part one fourth part of the faid capital and joint stock, and of the of the joint annuities attending on fuch part; and the fame shall be redeem- nuities eftaable and redeemed accordingly.

3

Geo. 3.

stock of an

blished by a&t deemed good.

governor and

II. And be it further enacted by the authority aforefaid, That The fum of be paid to the on or before the fifth day of January, one thousand feven hun- 875,000l. to dred and fixty eight, there fhall and may be iffued and paid to the governor and company of the bank of England the fum of company of eight hundred and feventy five thousand pounds, out of all or the bank, out any the aids or fupplies granted in this feffion of parliament of the fupthis feffion, (except any particular aid or fupply which hath been, or fhall plies granted be, in the fame feffion, specially and intirely appropriated to any for paying off one particular use or purpose) which fum fhall be applied by the fuch one faid governor and company in payment of the like fum of eight fourth part hundred and feventy five thousand pounds, for the redemption and full fatisfaction of one fourth part of the faid fum of three millions five hundred thousand pounds, which was raised under the authority of the faid act made in the third year of his prefent Majefty's reign.

of the faid

joint stock;

ceffary for

of the finking

III. And be it further enacted by the authority aforefaid, That and fo much on or before the faid fifth day of January, one thousand feven money as hundred and fixty eight, there fhall and may, by order of the fhall be necommiffioners of the treafury, or any three or more of them, difcharge of or the high treasurer for the time being, without any further or the annuities other warrant to be fued for, had, or obtained, in that behalf, attending the be iffued and paid, at the receipt of his Majefty's exchequer, to fame, to be the governor and company of the bank of England, by way of paid them out impreft and upon account, out of the furpluffes, exceffes, or fund; overplus monies, commonly called The finking fund, fuch fum of money as fhall be neceffary for the difcharge of the annuities attending fuch one fourth part of the faid capital and joint stock, from the tenth day of October, one thousand seven hundred and fixty feven, to the fifth day of January following, inclusive; which fum fhall be applied by the faid governor and company in which they are discharge of fuch annuities accordingly, at the fame time that to apply ac

the cordingly.