ritish colonies and plantations in America, upon an average for ve years preceding the faid fifth day of July, one thousand feen hundred and fixty feven. V. And be it further enacted by the authority aforefaid, That On failure of cafe the faid united company of merchants of England trading any payment the East Indies, or their fucceffors, fhall make failure in any by the comthe payments hereby directed, required, or appointed to be pany, ade into the receipt of his Majefty's exchequer, in the manner, r on or before the refpective times herein before limited or apointed for that purpofe; that then, from time to time, as often s fuch cafe fhall fo happen, the money, whereof fuch failure the money to payment fhall be made, thall and may be recovered to his Ma be recovered fty's ufe, by action of debt, or upon the cafe, bill, fuit, or in- by action of debt, in any ormation, in any of his Majefty's courts of record at Westmin- of the courts er; wherein no effoin, protection, privilege, or wager of law, at Weftminhall be allowed, or any more than one imparlance; in which ster, ction, bill, fuit, or information, it fhall be lawful to declare hat the faid united company of merchants of England trading o the East Indies, or their fucceffors, are indebted to his Maefty the monies of which they fhall have made default in paynent, according to the form of this ftatute, and have not paid he fame, which fhall be fufficient; and in or upon fuch action, with damages bill, fuit, or information, there fhall be further recovered to his after the rate of 12l. per Majefty's ufe, against the faid united company of merchants of cent. and full England trading to the Eaft Indies, or their fucceffors, damages, coits of fuit. after the rate of twelve pounds per centum per annum, for the repective monies fo unpaid, contrary to this act, together with ull cofts of fuit; and the faid united company, and their fuccefors, and all their stock, funds, and all other their eftate and pro- The compaDerry whatsoever and wherefoever, fhall be, and are hereby made ny's flockand ubject and liable to the payment of fuch monies, damages, and are made lia cofts. funds, &ci ble thereto. VI. And be it further enacted by the authority aforefaid, That The monies Il the monies which fhall be paid into the receipt of his Majefty's to be applied xchequer, in pursuance of this act, fhall be applied to fuch ufes as the present duties. and purposes, and in fuch proportions, as the present duties on eas are now made applicable. VII. And whereas by an act made in the twenty first year of the eign of his late Majefty, intituled, An act for permitting tea to be xported to Ireland, and his Majesty's plantations in America, without paying the inland duties charged thereupon by an act f the eighteenth year of his prefent Majefty's reign; and for Claufe in act nlarging the time for fome of the payments to be made on the 21 Geo. 2. bscription of fix millions three hundred thousand pounds, by irtue of an act of this feffion of parliament; it is enacted, That prohibiting om and after the first day of June, one thousand feven hundred and the exportarty eight, no tea fhould be exported to the kingdom of Ireland, or to any lefs quany of his Majesty's plantations in America, in any cheft, cafk, tub, tity than one package whatfoever, other than that in which it was originally im- intire lot, orted into Great Britain, nor in any lefs quantities than in the intire or lots in which the fame was fold at the fale of the faid united com tion of tea in repealed. No tea to he company, under the penalty of the forfeiture of such tea, and the park age containing the fame: and whereas the prohibiting the exportation of tea in any lefs quantity than one intire lot, has been very income nient to merchants and traders, and tends to difcourage the exportation of tea to Ireland, and the faid colonies; be it therefore enacted by the authority aforefaid, That from and after the fifth day of J one thousand seven hundred and fixty feven, the faid recite clause shall be, and is hereby, repealed. VIII. And be it further enacted by the authority aforefait," exported to That from and after the faid fifth day of July, one thousand Ireland, or ven hundred and fixty feven, no tea fhall be exported to th America, but in the origi- kingdom of Ireland, or to any of his Majefty's plantations a nal package; America, in any cheft, cafk, tub, or package whatsoever, othe nor in a lefs than that in which it was originally imported into Great Britas, quantity than nor in any lefs quantity than the whole and intire quantity coquantity con- tained in any cheft, cafk, tub, or package, in which the fame tained in fuch was fold at the publick sale of the united company of merchanu package at the whole the company's fale; on forfeiture thereof; to be recovered and appli of England trading to the Eaft Indies; under the penalty of the forfeiture of fuch tea, and the package containing the fame, which fhall and may be feized by any officer of the customs; and fuch forfeiture shall be recovered and applied in fuch and the fame manner, as any of the penalties or forfeitures mentioned in the faid act, made in the twenty first year of the reign of his late Majefty, are thereby directed to be recovered and applies; and all tea exported under the authority of this act is hereby Teas exported freed and discharged from the payment of the inland duties excife, in fuch and the fame manner, and shall be subject to the act difcharg- fame rules and regulations, as are mentioned, appointed, and land duties of prescribed by the faid act, in relation to tea exported by virtue ed as act 21 Geo. 2. directs. under this ed of the in excife. Confifcated teas to be thereof. P IX. And be it enacted by the authority aforefaid, That from and after the twenty fourth day of July, one thousand feven fold, and de- hundred and fixty feven, all teas which shall be seized and a livered out for demned for being illegally imported, or for any other caufe, th exportation only; not be fold for confumption within this kingdom, but shal exported to Ireland, or to the British colonies in America; and that no fuch teas, after the fale thereof, thall be delivered o of any warehouse belonging to his Majefty, otherwise than and in pack. exportation as aforefaid; or be exported in any package contain ages contain- ing a lefs quantity than fifty pounds weight; which exportation ing not lefs fhall be made in like manner, and under the fame rules, regi than 50 pound, lations, penalties, and forfeitures, except in respect to the allow fubject to fuch other regula. ance of any drawback, as are by this act prefcribed, appointed and inflicted, in relation to the exportation of teas fold by th here mention- faid company; and upon the like bond and security as is tions as are ed. quired by the faid act made in the twenty first year of the reg of his late majefty King George the Second, to be approved of b the commiffioners of the customs or excife in England for th time being, or any three of them refpectively, or by fuch pe fon or perfons as they fhall respectively appoint for that purpor X. And be it further enacted by the authority aforesaid, Th if any action or fuit fhall be commenced against any person or perfons for any thing by him or them done or executed in purfuance of this act, the defendant or defendants in fuch action or fuit fhall and may plead the general iffue, and give this act, and General issue. the fpecial matter, in evidence, at any trial to be had thereupon; and that the fame was done in purfuance and by the authority of this act: and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall become nonfuited, or difcontinue his, her, or their action or prosecution, or judgement fhall be given against him, her, or them, upon Hemurrer, or otherwife; then fuch defendant or defendants fhall have treble cofts awarded to him or them against such plaintiff Treble cofta For plaintiffs. CAP. LVII. An act for establishing an agreement for the payment of the annual fum of four hundred thousand pounds, for a limited time, by the East India company, in refpect of the territorial acquifitions and revenues lately obtained in the East Indies. WHEREAS HEREAS the united company of merchants of England Preamble. trading to the Eaft Indies have propofed, that a temporary greement should be made in relation to the territorial acquifitions and evenues lately obtained there; and have thereupon offered to pay, for he benefit of the publick, during the term of fuch agreement, the early fum of four hundred thousand pounds, by half-yearly payments: nd whereas it may be for the benefit of the publick, and the faid comany, that a temporary agreement, for the space of two years, should e made in regard of the faid territorial acquifitions and revenues: Now we, your Majefty's moft dutiful and loyal fubjects, the commons of Great Britain, in parliament affémbled, do most umbly befeech your Majefty, that it may be enacted; and be enacted by the King's moft excellent majefty, by and with the dvice and confent of the lords fpiritual and temporal, and comnons, in this prefent parliament affembled, and by the authoty of the fame, That the faid united company of merchants of Eaft India ngland trading to the East Indies, and their fucceffors, fhall ad- company to ance and pay into the receipt of his Majefty's exchequer, for pay into the is Majefty's ufe, the fum of four hundred thousand pounds per King's exreceipt of the inum, for and during the term of two years, to be computed chequer, om the first day of February, one thousand seven hundred and 400,000l. per xty feven, by half-yearly payments of two hundred thoufand annum, for ounds each; which half-yearly payments of two hundred thou- years; nd pounds fhall become due on the first day of August, and the by half-yearly ·ft day of February, in each year; and fhall be made on or be- payments, of re the twenty fifth day of March next enfuing fuch first day of 200,000l. uguft, and on the twenty ninth day of September next enfuing Ich first day of February respectively, in each year; the first of hich half-yearly payments fhall become due on the first day of ugust, one thousand seven hundred and fixty feven, and be made or before the twenty fifth day of March, one thoufand feven VOL. XXVII. Rr hundred the term of 2 each; on failure of any of the faid payments, the money to be recovered debt, &c. in by action of any of the courts at hundred and fixty eight; and in cafe the faid united company of merchants of England trading to the East Indies, or their fucce fors, fhall make failure in any of the faid payments hereby a pointed to be made into the receipt of his Majefty's excheque, on or before the respective days or times herein before limited that then, from time to time, as often as fuch cafe fhall fo bappen, the money, whereof fuch failure in payment fhall be made, fhall and may be recovered to his Majefty's ufe, by action debt, or upon the cafe, bill, fuit, or information, in any of h Majefty's courts of record at Westminster, wherein no effor protection, privilege, or wager of law, fhall be allowed, or a more than one imparlance; in which action, bill, fuit, or i Westminster. formation, it fhall be lawful to declare, That the faid units company of merchants of England trading to the East Indies, their fucceffors, are indebted to his Majesty the monies of whic they shall have made default in payment, according to the for of this ftatute, and have not paid the fame, which fhall be fu cient; and in or upon fuch action, bill, fuit, or information, there fhall be further recovered, to his Majesty's use, against the faid united company of merchants of England trading to the E Indies, or their fucceffors, damages, after the rate of fifteen pounds per centum per annum, for the refpective monies fo unpaid, cofts of fuit; contrary to this act, together with full cofts of fuit; and the faid; and the com- united company, and their fucceffors, and all their stock, funds, pany's stock and all other their eftates and property whatsoever and where and funds, &c. are made ever, fhall be, and are hereby made, fubject and liable to the liable thereto. payment of fuch monies, damages, and cofts. with damages, after the rate of 151. per cent, and full The territo rial acquifi tions and re venues lately obtained, to within that II. And it is hereby further enacted and declared by the authority aforefaid, That all the faid territorial acquifitions and revenues, lately obtained in the East Indies, fhall remain in poffeffion of the faid united company, and their fucceffors, during the faid term of two years, to be computed from the faid fri day of February, one thousand seven hundred and fixty feven. III. Provided nevertheless, and be it further enacted by the authority aforefaid, That if the faid united company, or their fucceffors, fhall be difpoffeffed by any foreign power of any part of the faid territorial acquifitions or revenues, at any time or times before the expiration of the faid term of two years, to . computed from the firft day of February, one thousand feve hundred and fixty feven; then, and in every fuch cafe, and s often as fuch cafe fhall fo happen, the payment of the faid arnual fum of four hundred thousand pounds, for or in refpecta the time or times during which the faid company, or their fu a proportional ceffors, fhall remain fo difpoffeffed, fhall be reduced, in fac abatement is proportion to the whole of the faid annual fum as the net in come and profits of the territorial acquifitions and revenues, o which the faid company, or their fucceffors, fhall have been f difpoffeffed, thall have borne to the whole of the net income and profits of all the faid territorial acquifitions and revenues, upo the average of the year preceding their being fo difpoffeffed; an if it fhall happen that any payment or payments thall have be to be made in the faid an nual payments; and money wrongfully paid, is to be refunded. mad nade, for or in refpect of any time or times during which the aid company, or their fucceffors, shall have been fo difpoffeffed is aforefaid, fuch proportional part of the monies as fhall have >een fo paid for or in refpect thereof, or fo much of fuch proortional part of the faid monies as fhall not have been approriated in manner herein after mentioned, fhall be repaid and efunded at the faid receipt of the exchequer to the faid compay, or their fucceffors; and, in lieu of the money which fhall ave been so appropriated, a fum equal thereto fhall be paid to he faid company, or their fucceffors, out of the fund commonly alled The Sinking Fund; which payment is hereby charged upon he faid fund, and fhall be made thereout, after paying or reerving fufficient to pay all previous charges thereupon; any hing herein before contained to the contrary notwithstanding. IV. And be it further enacted by the authority aforefaid, That The monies he monies which fhall be paid into the receipt of his Majefty's to be referved xchequer, in pursuance of this act, shall be there referved to be for the difisposed of and appropriated by parliament. CAP. LVIII. In alt for granting to his Majefty additional duties on certain foreign linens imported into this kingdom; and for eftablishing a fund for the encouraging of the raising and dreffing of hemp and flax. pofition of parliament. HEREAS the confumption of linens within Great Britain, Preamble, and the British dominions in America, is greatly increased: nd whereas the establishing a proper fund for the encouragement of aifing and dreffing of hemp and flax, would be a great advantage to be linen manufactures within this kingdom; therefore, we your Majefty's moft dutiful and loyal fubjects the commons of Great Britain, in parliament affembled, do give and grant to your Majefty, your heirs, and fucceffors, fuch additional duties on oreign linens to be imported into Great Britain, as are herein fter mentioned; and do moft humbly befeech your Majefty hat it may be enacted, and be it enacted by the King's moft xcellent majefty, by and with the advice and consent of the ords fpiritual and temporal, and commons, in this prefent par- After 1 Aug. ament affembled, and by the authority of the fame, That from 1767, the fend after the first day of Auguft, one thousand seven hundred and onal rates and ixty feven, there fhall be raised, levied, collected, and paid un- duties followo his Majefty, his heirs and fucceffors, the feveral additional ing are to take ates and duties following; that is to say, place; veral additi For every ell of foreign linen, commonly called Packing Can- viz. on foas, Spruce Elbing, or Queensborough Canvas, which fhall be im- reign canvas; ported into Great Britain, the fum of one farthing. And for every ell of foreign linen, commonly called Dutch Barras, and Heffin-Canvas, which fhall be imported into Great Britain, the fum of one halfpenny. And after those rates for any greater or lefs quantity of fuch Rr 2 goods |