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wife; and for relief of perfons who have not claimed their lottery-tickets in due time, or have loft exchequer-bills or lotterytickets; and for borrowing money upon stock (part of the capital of the South-Sea company, for the ufe of the publick,) it is amongst other things provided and enacted, That in cafe ftale or rotten Jope, or cuttings of fope, be put into a copper or pan, in the prefence of an officer for the faid duties, in order to be refreshed or made new, Juch officer ball from time to time make an allowance of the duty of the fale or rotten fope or cuttings fo put in, and certify every fuch allowance upon his report to be returned to the head office in the said act mentioned.

XXXVII. And whereas, under colour and pretence of making fuch allowances, pursuant to the aforesaid claufe, and by combinations and confederacies between fraudulent makers of fope and corrupted officers of and for the faid duties, who by bribes have been prevailed upon, in fuch their reports of the makings of fope, fometimes to certify great quantities of ftale or rotten fope, or of cuttings of sope, put into fuch makings of fope, when in fact and in truth no fuch ftale or rotten fope, or cuttings of fope, have really and in fact been put into fuch makings of fope; and at other times, when fmall quantities of Stale or rotten fope, or of cuttings of fope, have been put into fuch makings of fope, fuch officers have been by the means aforefaid prevailed upon to certify, in fuch his and their report and reports, quantities of fuch ftale or rotten fope, or cuttings of fope, much greater and far exceeding the quantity or quantities which at fuch time and times really and in fact have been and were put into fuch refpective makings of fope, whereby his Majefty has been greatly defrauded of and in his duties on fope; for preventing whereof for the future, Stale or rotten be it enacted by the authority aforefaid, That if any stale or rotfope put into ten fope, or any cuttings of fope, in order to the refreshing any makings thereof, fhall, from and after the faid twenty fourth day of June of Tope withone thousand feven hundred and twenty five, be put into any out due nomaking or makings of fope, unless of the intention and defigning fo to put fuch ftale or rotten fope or cuttings of fope there shall be or fhall have been given to the officer of the divifion or place where fuch putting in is intended to be, fuch notice in writing as herein after is mentioned, (that is to fay) if such putting in is to be within the limits of the weekly bills of mortali ty, then and in such case, by the space of twelve hours next before the respectively time and times of fuch putting in such stale or rotten fope or cuttings of fope, but if in any other place or places out of the limits of the faid weekly bills, then and in such cafe, by the space of twenty four hours next before the respective time and times of fuch putting in fuch ftale or rotten fope or cuttings of fope, that in every fuch cafe and cafes whatsoever, where fuch putting in fhall be, or fhall have been without fuch notice, the officer fhall not certify fuch putting in, or any allowance for or in respect thereof; nor fhall the maker or makers of fope, in any fuch cafe or cafes, have or be entitled to have any allowance or allowances whatsoever, for or in refpect of fuch putting in fuch ftale or rotten fope, or of fuch cuttings of fope;

tice to the of ficer, no allowance to be

made for it.

any

any law or statute to the contrary thereof in any wife notwithstanding.

pound,

XXXVIII. And be it further enacted by the authority afore- Officers prefaid, That if, from and after the said twenty fourth day of June tending to one thousand seven hundred and twenty five, any officer or of notice, and ficers of excife, or for the faid duties on fope, fhall falfly pretend making althat he or they hath or have had due notice in writing of fuch lowance, &c, putting in of fuch ftale or rotten fope or of fuch cuttings of fope, forfeit 10s. for every in any cafe and cafes where and in which he or they really and in fact shall not have had fuch due notice in writing, and fhall make fuch allowance and allowances as aforefaid, and fhall falfly certify the fame, every fuch officer and officers, for every pound-weight of such stale or rotten fope or cuttings of sope, fo falfly allowed or certified as aforefaid, shall forfeit and lofe the fum of ten fhillings; and every fuch maker and makers of fope, and alfo the who fhall demand, claim, have or take any benefit or advantage maker. for or in refpect of any fuch allowance, fo falfly made or certified by fuch officer or officers, in every fuch cafe and cafes, fhall forfeit and lose the fum of ten fhillings for every pound-weight of fuch ftale or rotten fope or cuttings of fope, as shall be claimed, demanded, had or taken by fuch maker or makers of fope, for and in refpect of fuch allowance, fo falfly made or certified by fuch officer or officers.

XXXIX. And it is hereby further enacted by the authority How these peaforefaid, That all fines, penalties and forfeitures by this act be- nalties fhall be fore impofed, of and concerning the suing for, recovering and fued for, and dividing whereof other directions are not herein given, fhall be divided. fued for, recovered, levied or mitigated by fuch ways, means and methods, as any fine, penalty or forfeiture is or may be sued for, recovered, levied or mitigated by any law or laws relating to his Majesty's revenues of excife, or any of them, or by action of debt, bill, plaint or information in any of his Majesty's courts of record at Westminster for or on account of any thing done or omitted to be done contrary to this act in the part and parts of Great Britain called England, Wales, or town of Berwick upon Tweed, or in the court of exchequer in Scotland, for or on account of any thing done or omitted to be done contrary to this act in that part of Great Britain called Scotland; and that one moiety of every fuch fine, penalty and forfeiture fhall be to the ́ufe of his Majefty, his heirs and fucceffors, and the other moiety thereof to him or them that shall fue or inform for the fame.

XL. And be it further enacted by the authority aforefaid, Attempting That if and in cafe any perfon or perfons whatsoever, liable to to corrupt the the faid duties on fope, or to the duties of excife, or to any o- officers of exther duty or duties whatfoever, under the management of the cife, forfeits refpective commiffioners of excife, either as commiffioners of 500 1. excife, or as commiffioners of fuch other duty or duties, or to any of them, in order to corrupt, perfuade or prevail upon any officer or officers of or for the duties due or payable for and in refpect of the goods, wares or commodities before-mentioned,

or

Recital of the

or of any or either of them refpectively, either to do or perform [1724 any act or acts, thing or things whatsoever, contrary to the du ty of fuch officer or officers, or to neglect or omit to do or perform any act or acts, thing or things whatsoever, belonging or appertaining to the business and duty of fuch officer and officers, or to connive at or conceal any fraud or frauds relating to the faid duties, or any of them, or not to difcover the fame, fhall from and after the faid twenty fourth day of June one thousand feven hundred and twenty five give or offer to give or fecure to any fuch officer or officers, any bribe, gratuity, or other reward whatsoever, that then and in every such case and cafes the offender and offenders therein refpectively fhall, for every such offence, forfeit and lofe the fum of five hundred pounds, which fhall and may be fued for, levied, recovered and mitigated by fuch ways, means and methods, as any penalty or forfeiture is or may be fued for, levied, recovered, or mitigated by any law or laws of excife, or by action of debt, bill, plaint or information, in any of his Majefty's courts of record at Westminster, or in the court of exchequer in Scotland; and that one moiety thereof thall be to his Majefty, his heirs and fucceffors, and the other moiety thereof to the poor of fuch parish or place where fuch offence thall happen to be committed.

XLI. And whereas by an act made and passed in the fifth year of act 5 Geo. 1. his prefent Majefty's reign, intituled, An act for recovering the c. 18. relating credit of the British fishery in foreign parts, and for better seto the British curing the duties on falt, it is amongst other things enacted, That fishery. at the end of every fishing feafon the officer for the duty on falt shall take a particular account of the quantities of foreign and British falt respectively remaining in hand, which remaining falt fhall be immediately locked up in the joint cuflody of the officer and proprietor or proprietors, his or their agent or agents, and the faid proprietor or proprietors, his or their agent or agents of the faid falt, ufing the faid falt, fhall as foon as poflible after the end of every fifhing feafon, deliver an account in writing into the faid office for the faid duty on falt, containing the quantity of fish exported and entred, or shipped to be exported, on which the falt taken away after its delivery into the fole cuftody of the faid proprietor or proprietors, his or their agent or agents, has been used or confumed, together with a certificate or certificates, by the proper officers of the feveral ports, where the faid fish were shipped for exportation, verifying the faid account, which certificates the faid officers are thereby directed to give gratis; which faid account delivered into the faid office as aforefaid, fhall be affirmed by the oath of the faid proprietor or proprietors ufing the faid falt as aforefaid, or his or their agent or agents, who have used the fame, and fball remain in the faid office, to the end that the quantity of fish cured for exportation, and the quantity of falt ufed in curing the faid fifb, may from time to time appear upon oath, and be compared together; and in cafe any of the faid falt shall be delivered over to any other perfons, and used by them in curing of fish, the feveral quantities of falt fo delivered over fhall be expreffed in the faid account, and each perfon to whom fuch falt fhall be fo delivered, or his agent, shall

likewife upon oath make another account of the particular quantity of fuch falt ufed by each of them in the curing of fish fo exported or shipped for exportation as aforefaid, which faid account, together with proper certificates as aforefaid, fball likewife be tranfmitted into the office aforefaid, there to remain for the purposes above-mentioned; but if fuch proprietor or proprietors, his or their agent or agents, or any other perfon or perfons, to whom any quantity of falt fhould be by them delivered over as aforefaid, fhould for the space of fix months after the end of every respective fishing feafon, neglect or refufe to deliver fuch account attefted upon oath as aforefaid, fuch proprietor or proprietors, and fuch other person or perfons as aforesaid, should for every fuch offence forfeit forty pounds: and whereas fince the making of the faid alt, feveral frauds and abufes, and many inconveniencies have been difcovered, whereby his Majesty's revenue, arising out of the faid falt, has been very much leffened, and the certain quantity of falt ufed in the curing of fish not any ways afcertained, they the faid proprie tors, at their pleasure, during the fishing feafon, convert and dispose of, for their own private advantage, but in a fecret manner, great quantities of falt to perfons unknown, who fell the fame, without paying any duty for the fame, or giving any account thereof, as by the faid act is required, by which means the fair trader alfo is underfold; now for preventing for the future any frauds, imbezilments or mifapplications of any falt, whether British or foreign, and for avoiding all difputes and controverfies that may hereafter happen or arife between the owners of falt-works, proprietors of falt for curing of fish, and the officers for the duty on falt, be it Proprietors further enacted by the authority aforefaid, That from and after deliveringover the twenty fourth day of June one thousand feven hundred and any falt to any twenty five, if any proprietor or proprietors of falt, his or their person, receivagent or agents, hall deliver over to any perfon or perfons any officer, tomake quantity of falt, which he fhall have received from the proper appear that it officer or officers as aforefaid, fuch proprietor or proprietors, his was ufed in or their agent or agents fhall, by oath or otherwife, make it ap- curing fish. pear to the fatisfaction of the proper officer or officers, that fuch falt fo parted with, or delivered over to any perfon or perfons as aforefaid, was by him or them used in curing of fish according to the intent and meaning of the faid act; and in default thereof, every proprietor or proprietors, his or their agent or agents, fhall be adjudged guilty of embezilment and mifapplication of fuch falt, and fhall for every fuch offence forfeit the fum of fifty Forfeiture gol. pounds sterling.

ed from the

XLII. And whereas by the faid recited at it is further enacted, sGeo, 1. c. 13. That the prefent allowances given by the laws relating to the duties on falt, upon the exportation of fish cured with foreign falt, fhould be no longer paid upon fish exported, from and after the twenty fourth day of June one thousand feven hundred and nineteen, but that the curers of fish, from and after the faid twenty fourth day of June one thousand feven hundred and nineteen, should and might cure their fifh with British or foreign falt, without paying any duty for the fame, except the customs payable upon the importation of foreign falt, and be entitled to have and receive upon the exportation thereof fuch and n

other

other allowances, than are therein mentioned and appointed: and whereas the time limited by the faid act for the exportation of fish cured with foreign falt, fo as to be entitled to the allowances then given, was too fhort, in refpect that being the prime season of the falmon-fifbing, confiderable quantities of falmon and codfish were then in the hands of feveral curers of fish in that part of Great Britain called Scotland, which they were under a neceffity to cure with foreign falt, the duties whereof were either paid or fecured to be paid: and whereas it may be just and reasonable, that the curers and proprietors of all fuch fish, actually and really in hand on the faid tienty fourth day of June ane thousand feven hundred and nineteen, legally and duly cured with foreign falt, according to the feveral acts of parliament in that behalf, the duties of which falt were either paid or fecured to be paid, fhould be paid the fame allowances, and in the fame manner, as if exported on or before the said twenty fourth day of June one thousand feven hundred and nineteen, be it enacted and declared by the authority aforefaid, That the barons of his Majesty's court of exchequer in Scotland, upon receiving a fatisfacRelief for fo- tory proof of what quantities of falmon and codfish were actualreign falt used ly and really in hand on the faid twenty fourth day of June one in curing fal- thousand feven hundred and nineteen, duly cured with foreign fish in Scotland falt, and legally exported, the duties whereof have been either in 1719. and paid or are fecured to be paid, shall and may order and direct the legally export- proper officers to make out debentures to the proprietors or curers

mon and cod

ed.

6 Geo. I. c. 18.

of fuch fish, certifying the allowances for the fish contained in fuch debentures to be the fame as were payable before the said twenty fourth day of June one thousand seven hundred and nineteen, and to be paid in the fame manner.

XLIII. And whereas by an act passed in the fixth year of his Majefty's reign, intituled, An act for the better fecuring certain powers and privileges intended to be granted by his Majesty by two charters for affurance of ships and merchandizes at sea, and for lending money on bottomry; and for reftraining several extravagant and unwarrantable practices therein mentioned, his Majefty was enabled to erect two diftinet corporations for affurance of fhips, goods and merchandizes at fea, or going to fea, and for other purposes therein mentioned: and whereas his Majefly hath been graciously pleafed, pursuant to the faid act, to erect two diftinct corporations for the purposes aforefaid, one by the name and title of The Royal Exchange affurance, and the other by the name and title of The London affurance; and whereas the faid corporations, in purfuance of the faid act, and the ends and purposes for which they were fo incorporated, have, from time to time, as occafion hath required, entred into and executed great numbers of policies of afsurance for the affuring of fhips and goods and merchandizes, at fea or going to fea, and fill continue fo to do; but by reafon of their being bodies corporate, fuch policies of affurance could not be entred into by their fubfcribing of the fame, as is the conftant ufage for private infurers to do, but the refpective common feals of the faid corporations are fet to fuch policies of affurance, and by means thereof, the manner of proceeding and pleadings in any fuit or action to be commenced upon fuch pa

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