the corporation of the governor and company of merchants of Great Britain, trading to the South-Seas and other parts of America, and for encouraging the fishery, or their fucceffors, from having and enjoying of all and every or any fuch powers, privileges, benefits, profits, properties, matters and things, as do or fhall belong to them, or which they could or might enjoy, in any manner of wife whatfoever, if this act had not been made (except as to insurance upon fhips and merchandize at fea or going to fea;) any thing herein contained to the contrary in any wife notwithstanding.

home or fo

XXV. Provided always, That nothing in this act fhall ex- Nor to restrain tend, or be construed to extend to prohibit or restrain the car- the carrying rying on of any home or foreign trade in partnership in fuch on of any manner as hath been hitherto ufually, and may be legally done reign trade in according to the laws of this realm now in force, excepting on- partnership. ly as to the infuring of fhips and goods or merchandizes at fea, or going to fea, and lending money upon bottomry; any thing in this act to the contrary in any wife notwithstanding.

XXVI. Provided nevertheless, That it fhall and may be law- South-Sea and ful to and for the governor and company of merchants of Great Eaft-India companies Britain, trading to the South-Seas and other parts of America, may advance and for encouraging the fifhery, and for the united company of money on botmerchants of England trading to the East-Indies, and they and tomry to their either of them have refpectively hereby liberty, at any time or captains, &c. times hereafter, to advance or lend on the bottom of any fhip or veffel, fhips or veffels, and on goods and merchandizes on board any thip or veffel, thips or veffels of the faid respective companies, or that is, are or shall be employed in the service of the faid companies respectively, to any captains or commanders, agents, failors, or fervants, or other perfon or perfons, which shall at any time or times be imployed in the service of the said respective companies, any fum or fums of money whatsoever by way of bottomry; any thing in this act contained to the contrary notwithstanding.

created,

XXVII. Provided always, and be it further enacted by the Nor to extend authority aforefaid, That nothing in this act contained shall ex- to corporatend, or be construed to extend to any corporation formerly tions formerly created for the carrying on a trade, which they have publickly or to any fubcontinued to exercife from the time of their establishment; or scriptions to to any subscriptions made or to be made for enlarging the capi- be made to tal stock of the governor and company of merchants of Great the capital of Britain, trading to the South-Seas and other parts of America, the South-Sea, and for encouraging the fishery (by or by order of the general court, or court of directors of the fame company) or to any receipts made out and given, or to be made out or given, in refpect of fuch fubfcriptions, but that all fuch fubfcriptions made and to be made, fhall be firm and valid, and all receipts made out and given, or to be made out or given, concerning the fame, fhall be affignable at law by endorsement made or to be made thereon; any thing in this or in any other act, or any law, usage or custom to the contrary notwithstanding. XXVIII. Pro

$ 2

Salvo for EastIndia company's privileges.

Companies not to lend money to the crown but on

XXVIII. Provided alfo, That any thing in this act contained fhall not extend, or be construed to extend to hinder or deprive the corporation of the united company of merchants of England trading to the East-Indies, from having and enjoying all and every fuch powers, privileges, franchises, benefits, matters and thing, as do or fhall belong to them, or which they could or might enjoy in any manner of wife if this act had not been made; any thing in this act to the contrary notwithstanding.

XXIX. Provided always, and it is hereby further enacted, That if any governor, fub-governor, deputy-governor, director, or member of either of the corporations intended to be erected credit of acts and established in pursuance of this act fhall, upon the account of parliament. of the faid corporations, or either of them, hereby intended to be established, at any time or times advance or lend to his Majefty, his heirs or fucceffors, any fum or fums of money, by way of loan or anticipation, on any part or parts, branch or branches, fund or funds of the revenues now granted or belonging, or hereafter to be granted or belonging to his Majefty, his heirs or fucceffors, other than fuch fund or funds, part or parts, branch or branches of the faid revenue only, on which a credit of loan is or fhall be granted by parliament, That then the faid governor, fub-governor, deputy-governor, director, or other members of the said corporations, or either of them, who shall consent, agree to, or approve of the advancing or lending to his Majefty, his heirs or fucceffors, fuch fum or fums of money, as aforefaid, and each and every of them, fo agreeing, confenting or approving, and being thereof lawfully convicted, fhall, for every fuch offence, forfeit treble the value of every fuch fum or fums of money fo lent, whereof one fifth part shall be to the informer, to be recovered in any of his Majefty's courts of record at Westminster, by action of debt, bill, plaint or information, wherein no protection, wager of law, effoin, privilege of parliament, or other privilege, fhall be allowed, nor any more than one imparlance, and the refidue to be disposed of towards publick uses as fhall be directed by parliament, and not otherwife.

Penalty.

10 Ann. c. 14.

fect. 2.

CAP. XIX.

An act for making perpetual so much of an act made in the tenth year of the reign of Queen Anne, for the reviving and continuing feveral acts therein mentioned, as relates to the building and repairing county gaols; and also an act of the eleventh and twelfth years of the reign of King William the Third, for the more effectual fuppreffion of piracy; and for making more effectual the act of the thirteenth year of the reign of King Charles the Second, intituled, An act for establishing articles and orders for the regulating and better government of his Majefty's fhips of war and forces by fea.

HEREAS in an act made in the tenth year of the

W High Queen Anne, intituled, An act for the reviving

and

*

and continuing several acts therein mentioned, for the preventing of mifchiefs which may happen by fire; for building and repairing county gaols; for exempting of apothecaries from ferving parish and ward offices, and serving upon juries; and relating to the returning of jurors, there is a claufe relating to the building and repairing county gaols, which by experience has been found very useful and beneficial to the publick, and will expire at the end of this prefent feffion of parliament: be it therefore enacted by the So much of the King's most excellent majefty, by and with the advice and con- recited act as fent of the lords fpiritual and temporal, and commons, in this county gaols, prefent parliament affembled, and by the authority of the fame, made perpeThat fo much of the faid act made in the tenth year of the tual. reign of Queen Anne, as relates to the building and repairing county gaols, shall be and is hereby made perpetual.

relates to

II. And whereas vagrants and other criminals, offenders and perfons charged with small offences, are for fuch offences, or for want of fureties, to be committed to the county gaol, it being adjudged, that by law the juftices of the peace cannot commit them to any other prison for safe custody, which by experience hath been found to be very prejudicial and expenfive: be it enacted by the authority aforefaid, Juftices of That it fhall and may be lawful to and for the justices of the peace may peace within their refpective jurifdictions, to commit fuch va- commit vagrants and other criminals, offenders, perfon and perfons, either the common to the common gaol or house of correction, as they in their gaol or house judgment shall think proper; any law, custom or ufage to the of correction. contrary notwithstanding.

grants, &c. to

c. 7. made

III. And be it further enacted by the authority aforefaid, The act of That the act made in the eleventh and twelfth years of the 11 & 12 W. 3. reign of his late majefty King William the Third, intituled, perpetual. An act for the more effectual fuppreffion of piracy, shall be and is hereby made perpetual.

Perfons in the fea fervice, who shall commit any of the crimes mentioned in 13 Car 2. ftat. 1. c. 9. upon the fhore in foreign parts, fhall be tried and punished, as if they had been committed on the main fea. Rẹp. zz Geo. 2. C. 33.

CAP. XX.

An act for continuing the acts formerly made for repairing the highways in the county of Hertford therein mentioned, and for making the said acts more effectual.

After Nov. 4, 1722, the tolls by the act 15 Car. 2. c. 1. to be taken at Repealed in Wadefinill, thall be continued, in manner as by the recited acts, for 15 part by 6 Geo. years; and the money to be applied to repair the highways in the county 2. C. 24. and of Hertford. But on an adjudication at the affizes or feffions that the ways EX P. are in good repair, the toll shall ceafe. The officers, &c. impowered by

the former acts, fhall from Nov. 2, 1722, have the like powers by virtue

of this act and all claufes, &c. fhall be continued,

:

This and the

following fection repealed by 3 Geo. 2. č. 7. fect. 13.

After 24 June

CAP. XXI.

An act for preventing frauds and abufes in the publick revenues of excife, customs, stamp-duties, post-office, and house

money.

HEREAS several perfons in carrying or managing their reSpective trades, manufactures or dealings do frequently contrive and commit great frauds, deceits and abufes, which daily increafe, and apparently tend not only to the diminution of his Majesty's revenues and publick incomes, but also to the difcouragement of all fair traders, manufacturers and dealers, and the difcredit of goods of the growth, product and manufacture of Great Britain in foreign parts, and particularly many perfons in feveral parts of this kingdom of Great Britain, who make malt in order to export the fame to parts beyond the feas (to the intent that they may obtain greater drawbacks and allowances upon the exportation thereof than were intended by law to be granted for the fame) do in the making of fuch malt increase the quantity thereof in bulk and measure much beyond what the fame malt was when guaged and charged with the duties chargeable thereon by the officers for the faid duties on malt, when fuch malt was in the ciftern or uting vat, or upon the couch, by watering or wetting the faid malt, whilft the fame is working upon the floor; and by thofe and other undue practices caufing the faid malt not only to run out and grow at that end of the grain from which the root proceeds, but also to sprout, run out and grow at the other end of the grain from which the blade proceeds, which last mentioned sprouting, running out and growing at the end from which the blade proceeds, is commonly called and known by the name of acrefpiring, and is not only a great prejudice to the malt fo made, but increases the fame much in bulk and measure, to the difparagement of the trade of British malt in parts beyond the feas, and leffening of his Majesty's revenues: for remedy whereof, be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by authority of the fame, That from and after the four and twentieth day of June one thousand feven hundred and twenty no malster or maker of malt for fale or exportation fhall caufe or permit any barley, or other corn or grain by him, her or them making into malt, to be steeped, wetted or watered upon the couch or floor, or in any other place but in his, her and their respective cifterns or uting vats, duly entred for that purpose at the office of excife of the divifion or place where fuch malt fhall be wetted, on pain of forfeiting for every bushel of malt which shall be found to have been steeped, wetted or watered contrary to the true intent and meaning of this act, the fum of two fhillings and fix pence. REP.

1720. No malfter to wet his

barley on the floor, &c. but in his ciftern duly entred,on forfeiture of 2s. 6d. per bufhel.

No malfter to permit his

corn to be

acrefpired.

great

II. And be it further enacted by the authority aforefaid, That from and after the faid four and twentieth day of June one thousand seven hundred and twenty no fuch malfter or maker of malt for fale or exportation fhall caufe or permit any corn or grain, by him, her or them making into malt, to be worked or

made

ful out of the

made in fuch manner that the fame shall acrespire (that is to say) run out, grow or sprout at that end of the corn or grain from which the blade proceeds: and in cafe any fuch malfter or maker Officers may of malt fhall make or work his corn or grain making into malt take an handin fuch manner that the respective supervisors or officers for the floor to fee if faid duties of the divifion or place, or any of them, where fuch it be acrespircorn or grain shall be making or working, fhall fufpect the fame, ed. or fome part thereof, to be acrespired, as aforefaid, then and in such case it may be lawful for fuch supervisor or fupervisors, officer or officers, or any of them, to take out of any particular part of the floor of fuch wetting of corn or grain fo making into malt, as he or they shall fo fufpect to be acrefpired, so much thereof as he or they can conveniently take up with one hand at one time, and to examine the fame to fee if it be acrefpired,

as aforefaid, or not; and in cafe upon examination thereof it shall Penalty on appear that more than one part in fifteen of such corn or grain, malfter. fo taken up by the hand, is acrefpired, as aforefaid, the intire wetting of malt, whereof fuch corn or grain so taken up by the hand was part, fhall be deemed, taken and charged as acrespired malt, and the malfter or maker thereof thall be charged with the full duty of fix pence per bufhel for every bufhel of malt of that wetting, and shall not have any allowance out of the fame, for or in respect of its being charged upon the floor, or elsewhere; and shall also forfeit and lofe for every bushel of the faid malt, the further sum of five fhillings; any act or acts of parliament to the contrary thereof in any wife notwithstanding. REP.

Officers difco

III. Provided always, and be it further enacted by the authority aforefaid, That the respective fupervifor or fupervifors, offivering, to give cer or officers, who fhall difcover fuch acrefpired corn or grain notice thereof making into malt, as aforefaid, fhall within the space of eight to maliters. and forty hours next after the respective time or times when the fame fhall be difcovered, give or leave notice thereof in writing with or for the refpective malfters or makers of fuch malt, or with fome or one of his, her or their respective fervants, on pain of forfeiting the sum of forty fhillings for every neglect of such notice.

malted oats or

IV. And be it further enacted by the authority aforefaid, That if any unmalted oats or barley fhall be found mixt with or Forfeiture for amongst malt fhipping or fhipped for exportation, that then and mixing unin every such case, the perfon or perfons who thall ship or cause barley with or procure to be shipped fuch malt fo mixed fhall, for every malt for exbufhel thereof, forfeit and lose the sum of five fhillings. portation, 5s.

An officer to

V. And for preventing of frauds in the shipping of malt for per bushel. exportation to parts beyond the feas, and afterwards relanding be appointed the fame: be it further enacted by the authority aforefaid, That at the ports from and after the said four and twentieth day of June one thou- for measuring sand seven hundred and twenty, it thall and may be lawful to and malt, and to for the commiffioners of his Majesty's revenues of excife for the fee it cleared. time being, or the major part of them refpectively, from time to time, to constitute and appoint one or more officer or officers in fuch of the ports of this kingdom where any malt may, is or shall

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