determine

landlord or landlords: and if any difference thall arife between Mayor and landlord and tenant, or any other perfon, concerning the faid aldermen to quit-rent, or any part thereof, the court of mayor and aldermen differences of the faid city of London fhall have, and they are hereby invested between landwith, full power to hear the fame in a fummary way, upon peti- lord and tetion of either of the parties, and fourteen days notice to the nant, other parties interefted, and finally to determine the fame. tice.

14 days noLVI. Provided alfo, and be it further enacted, That if the City, in cafe faid yearly quit-rent, or any part thereof, fhall happen to be be- of non-payhind or unpaid, by the space of forty days next over or after ei- ment, to enter ther of the faid days herein before appointed for payment there- and poffefs. of; then, and in every fuch cafe, it fhall and may be lawful to and for the faid mayor and commonalty, and citizens, into and upon the premiffes, in refpect of which fuch yearly quit-rent, or any part thereof, fhall fo be in arrear, to enter, and the fame to hold, ufe, occupy, poffefs, and enjoy, and the rents and profits thereof to take, until thereby, or otherwise, the said yearly quitrent fo due and in arrear for the fame, together with the costs and charges of fuch entry and poffeffion, thall be fully paid and fatisfied.

LVII. Provided alfo, and be it further enacted, That the faid Quit-rents re yearly quit-rent, by this act referved and made payable, and deemable. every or any part thereof, fhall be redeemable, upon payment to the chamberlain of the faid city for the time being of the price or value thereof, to be computed and eftimated at and after the rate of twenty years purchase, together with all arrears of the faid yearly quit-rent, to be computed pro rata to the day of fuch payment or tender,

Middle and

not to be va

LVIII. Provided always, and be it further enacted, That no- Agreements thing in this act contained thall extend to vacate or fet afide any with the foagreement which hath been, or fhall be, made between the faid cieties of the mayor, aldermen, and commons, in common council affembled, Inner Temple or any committee of them, or their agent or agents, and the benchers of the two honourable focieties of the Middle Temple and Inner Temple, or either of them, with refpect to the faid embankment, or any payment or other matter relating thereunto; but fuch agreement or agreements fhall be duly carried into execution; any thing herein contained to the contrary notwithftanding.

cated,

LIX. Provided alfo, and be it enacted, That nothing in this or their franact contained fhall extend to take away, alter, or abridge, any chifes abridg right, claim, privilege, franchife, exemption, or immunity, to ed. which the faid focieties, or either of them, are now by law intitled; but the fame fhall remain and continue in fuch force and effect as if this act had never been made.

LX, And be it further enacted, That all the monies which Redemption fhall be fo paid for the redemption or purchase of any part of the money and faid quit-rents, and alfo the refidue (if any) of the faid fum of refidue of feven thousand five hundred pounds (part of the faid fum of one faid 7,500l. to hundred and fifty fix thoufand pounds, to be borrowed and be placed out raifed as aforefaid) which may remain after defraying the ex

pence

at interest;

pence of the embankments fo to be made by order of the faid mayor, aldermen, and commons, in common council affembled, fhall be placed out at intereft, upon real or government fecurities, in the name of the chamberlain, comptroller, and town clerk, of the faid city for the time being: and the intereft or dividends of the faid fums fo to be placed out at interest, which fhall accrue before the faid twenty ninth day of September, one thousand seven hundred and feventy; and the faid quit-rents, which in that time fhall become due and payable; fhall, in like and faid in- manner, be placed out at intereft, in addition to the faid principal fums; and the intereft or dividends of the faid accumulated fums, together with the quit-rents which fhall not be redeemed, and fhall accrue from and after the faid twenty ninth day of September, one thousand seven hundred and feventy, fhall, from time to time, be iffued and applied, and the fame are hereby appropriated, to, for, or towards, the lighting, watching, cleaning, and repairing, the faid intended bridge at Black Fryars, and to or for no other use, intent, or purpose whatsoever.

tereft and

quit-rents.

appropriated to the lighting the new bridge.

Chamberlain to keep ac

counts of re

ceipts and disbursements, for

tion.

LXI. And, to the end that the feveral fums of money hereby ap pointed and appropriated to the respective uses and purposes herein be fore mentioned and prefcribed, may be duly applied to fuch uses accordingly, and to no other, be it further enacted, That there fhall, from time to time, be provided and kept by the chamberlain of the faid city of London for the time being, one or more book or books of vellum or parchment, in which all the monies to be received of the faid fund, by the faid act of the fifth and fixth public infpec- years of King William and Queen Mary eftablifhed, and by the faid act of the twenty first year of King George the Second and this present act in part continued and augmented, fhall, from time to time, as the fame fhall be received, be entered and set down; and fuch entry fhall specify for what the fame was received; and allo one other like book or books, wherein the accounts of all payments and difbursements out of the fame fhall be likewife entered and fet down, expreffing the time when, the occafion for which, and the name of the perfon or perfans to whom, the fame were fo paid and disbursed; and that the accounts of fuch receipts and payments be audited yearly upon oath, before one of the auditors of the impreft for the time being (which oath the faid auditors refpectively are hereby required to administer) between the feast days of Saint Michael the archangel and Saint Thomas the apostle; and the said auditor (hall have and receive of the chamberlain of the faid city of London for the time being the fum of twenty fhillings, and no more, for every thousand pounds the faid account fhall amount to; which accounts, so audited, fhall be figned by the auditor, and be allowed alfo by the faid court of mayor and aldermen of the faid city of London: and there fhall alfo be provided and kept by the faid chamberlain, one or more book or books of vellum or parchment, in which all the monies, which by virtue of this prefent act shall be raised or borrowed upon the credit of the fund aforefaid, fhall, from time to time, as the fame fhall be received, be entered and fet down;

and

and wherein alfo all the monies to be paid and disbursed out of the monies to be received fhall, from time to time, be entered and fet down; and fuch entry fhail exprefs the time when, the occafions for which, and the names of the perfons to whom, the fame (hall be so paid; the account of which faid last mentioned receipts and payinents shall be yearly audited and allowed by the faid mayor, aldermen, and commons, in common council affembled: and there fhall alfo be provided and kept by the faid chamberlain one or more book or books of vellum or parchment, in which all the monies to be received from any of the tolls which, from and after the said twenty ninth day of September, one thousand seven hundred and feventy, fhall be payable for the paffage over London Bridge, or for the paffage of the faid intended bridge at Black Friars, fhall, from time to time, as the fame fhall be received, be entered and fet down; and wherein alfo all the monies to be paid or disbursed of the monies fo received fhall, from time to time, be entered and fet down; and fuch entry fhall exprefs the times when, the occafions for which, and the names of the perfons to whom, the fame shall be fo paid; the account of which last mentioned receipts and payments shall be yearly audited and allowed by the faid court of mayor and aldermen of the faid city; and the faid feveral books fhall remain in the chamber of the faid city of London, to be perused and inspected gratis by any person or perfons at any time or times (Sundays or other holidays excepted) in the forenoon, between the hours of ten and twelve.

ficers.

LXII. Provided always, and be it further enacted, That it Common fhall and may be lawful to and for the faid mayor, aldermen, council imand commons, in common council affembled, and they are powered to hereby authorized and impowered, from time to time, to nomi- appoint of nate and appoint fuch and fo many clerks and other officers under them as fhall be neceffary to be employed in or about the execution of all or any the purposes aforefaid; and out of the faid monies to be raised by virtue or in pursuance of this act, to make fuch allowances to the faid clerks and officers respectively, for their care and pains in the execution of their refpective offices, as they shall think reasonable; any thing herein before contained to the contrary thereof in any ways notwithstanding.

money, to

LXIII. And be it further enacted, That all and every officer Officers con. and officers, or other perfon or perfons whatever, concerned, or cerned in the to be concerned, in the receipt of any of the fums of money by receipt of this act appropriated to the ufes aforefaid, before he or they shall give fecurity. be admitted to take upon him or them the execution of any of the faid office or offices, fhall be bound with fufficient fureties to the faid mayor and commonalty, and citizens, for the juft and faithful execution of fuch office or employment, in fuch reafonable fum or fums as by the faid court of mayor and aldermen fhall be thought fitting, having regard to the truft repofed, or to be repofed, in fuch officer or officers.

LXIV. And be it further enacted, That if any chamberlain Penalty on of the faid city of London, or other officer, or perfon aforefaid, officers miffhall, applying any

of the faid monies.

them.

fhall, after receipt of any of the faid monies, divert or misapply the fame, or any part thereof, contrary to the true intent and meaning of this act; then fuch chamberlain or other officer, or perfon aforefaid, fo diverting or misapplying the said money, Thall forfeit treble the fum fo mifapplied; which faid forfeitures fhall be recovered by any of the said orphans and other creditors of the faid city, claiming under or by virtue of the said act of the fifth and fixth years of King William and Queen Mary, or by the executors, adminiftrators, or affigns, of any of them, who fhall fue for the fame by action of debt, bill, plaint, or informa tion, in any of his Majefty's courts of record, wherein no effoin, protection, or wager of law, or more than one imparlance, shall be allowed.

City answer- LXV. And be it further enacted, That if any of the faid able in cafe of fums by this act appropriated, or any part thereof, fhall happen any mifappli- to be mifapplied or converted to any other ufe than as aforefaid, cation by by the said mayor and commonalty, and citizens of London, for the time being, or any of their officers, or any other person, by colour of any warrant or authority by, from, or under them; then, and in fuch cafe, the faid mayor and commonalty, and citizens, fhall be answerable for the fame, out of the revenues of the faid corporation, in any action to be brought by any of the faid creditors, their executors, adminiftrators, or affigns; which faid fum fo recovered fhall be applied to the fame ufes as the fame fums (if not mifapplied) fhould or might have been ; excepting the costs of fuit, which thall be to and for the benefit of him, her, or them, fo fuing.

Amerciaments, &c. against the

city to be ap plicable to the ufes of this

act, and not

to be dif

charged, &c.

Chamberlain to lay accounts before parliament annually.

LXVI. Provided always, and be it further enacted, That all amerciaments, fines, iffues, or diftreffes, against the said corporation of the faid mayor and commonalty, and citizens, had, charged, or levied, in or upon account of fuch fuits or actions brought, fhall be applied to the uses aforefaid, and to no other use whatsoever; nor fhall the fame be pardoned, acquitted, or discharged, by any letters of fignet, privy feal of his Majefty, his heirs, or fucceffors, or otherwife howfoever; any law or ufage to the contrary notwithstanding.

LXVII. And be it further enacted, That the chamberlain of the faid city of London, for the time being, fhall, within the first feffion of the next parliament, lay before each house of parliament an account of the furplus which shall have arifen between the twenty fourth day of June, one thousand seven hundred and fixty feven, and twenty ninth day of September, in the year one thousand seven hundred and fixty eight, of and from the faid fund established by the faid act of the fifth and fixth years of King William and Queen Mary, and in part further continued and augmented by the faid act of the twenty firft year of King George the Second and this present act, and how much of the faid furplus fhall have been applied to the payment of the faid refpective principal fums, and how much of fuch principal fums fhall then remain unpaid; and also an account of the disbursements within that time of the said sum of one hundred and fifty

fix thoufand pounds, or of fo much thereof as fhall have then been raised and borrowed; and also an account of the receipts of, and payments out of the faid tolls, within the fame time; and fhall, in each fucceeding year, lay before each house of par#liament, the like accounts for the year, ending the twenty ninth day of September then last past.

i LXVIII. Provided always, and be it further enacted, That no Bonds, &c. bond, note, contract, agreement, affignment, entry, copy, or directed by proceeding, by this act directed or authorized to be executed, this act, not chargeable made, or given, fhall be charged or chargeable, or subject or li- with any duty. able to any duty whatsoever.

LXIX. Provided also, and be it further enacted, That no- This act not thing in this act contained, fhall extend or be conftrued to ex- to affect any tend, to leffen or affect the fecurity of any of the prefent credi- of the city's prefent cretors of the faid mayor and commonalty, and citizens, further or ditors, otherwife, than is herein exprefsly directed and enacted.

LXX. And be it further enacted by the authority aforefaid, Limitation of That if any action fhall be brought, or fuit commenced against actions. any perfon or perfons for any thing done in pursuance of this act, or in relation to the premiffes, or any of them, every such action or fuit fhall be laid or brought within fix' calendar months next after the fact done, and fhall be laid or brought in the said

city of London, and not elsewhere; and the defendant or defen- General Issue, dants, in fuch action, may plead the General Iffue, and give this act and the special matter in evidence, at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act; and if the fame fhall appear to have been fo done, or if any fuch action or fuit fhall not be brought within the time before limited, or fhall be brought in any other city, county, or place, than as aforefaid, then the jury fhall find for the defendant or defendants; or if the plaintiff or party shall become nonfuited, or fuffer a difcontinuance of his, her, or their action or actions, or if judgement fhall be given against the plaintiff or plaintiffs, the faid defendants fhall have treble cofts, and fhall have fuch remedy for recovering the fame as any de- Treble cofts. fendant or defendants hath or have for cofts in other cafes by law.

LXXI. And be it further enacted by the authority aforefaid, Publick act. That this act fhall be allowed in all courts whatsoever, as a public act; and all judges, juftices, or other perfons, are hereby required to take notice thereof as fuch, without special pleading.

CAP. XXXVIII.

An act to amend and render more effectual an act made in the eighth year of the reign of King George the Second, for encouragement of the arts of defigning, engraving, and etching, biftorical and other prints; and for vefting in, and fecuring to, Jane Hogarth widow, the property in certain prints.

W

HEREAS an act of parliament passed in the eighth year Preamble, re of the reign of his late majesty King George the Second, in- citing act 8 tituled, Geo. 2.