of the kingther, &c.

dom to ano

Persons fuf

taining lofs,

casting away of, or by any inevitable accident happening to any barge or vessel, in which the said malt shall be transporting or transported from any part of this kingdom to another, or put on board for that purpose, it shall and may be lawful to and for the respective proprietors of such malt to make proof thereof on oath of one or more credible witnesses, of the respective malsters, makers or owners thereof, having paid the faid duty, either before the justices of the peace of the county, riding or divifion where such malt was loaded or put on board, or made or kept at the time of such loss or damage happening, or next adjoining to the place where such accident shall happen, at their quarter sessions, or before the commiflioners of the duty of excise for the time being, or the major part of them, who are hereby feverally and respectively impowered, in cafes where proof shall be made that such malt was intirely loft, or totally deftroyed, and that the duties thereof were paid, to grant a certificate thereof, and of the amount of the duty of fuch malt fo lost or destroyed; upon producing of which certificate to the officer appointed to collect the faid duty, he shall be obliged to repay or allow to the faid proprietor or proprietors of the faid malt, out of the duties arifing by malt, so much money as the fum certified to have been paid for the duty of the malt so loft or destroyed shall amount unto; and in cafes where the malt shall not be totally loft or destroyed, but damaged only, they the said justices and commissioners, in fuch cafes, are hereby respectively impowered, upon proof of such damage and of payment of the duties, to determine and fettle the quantum of such damage, and to give a certificate under their respective hands and seals of the sum allowed for and in respect of such damage; which allowance, where the malt is so damaged only, shall bear the same proportion to the whole duty of the malt so damaged, as the faid damage shall appear to bear to the value of the said malt before it was so damaged; which certificate being produced to the officer appointed to collect the faid duty, he shall be obliged to repay or allow to the faid proprietor or proprietors of the said malt so damaged, out of the duties arifing by malt, so much money as the sum certified as aforesaid, shall amount

unto.

XXXVI. Provided always, That the perfon or persons who shall have sustained fuch loss or damage, or their agent or agents, shall give or leave notice thereof in writing with the collector of the excife of the division or collection next adjoining to the quarter sessions of the justices of the peace, to which fuch person or persons intend to apply for fuch allowance or cerquarter-fef- tificate, or to the folicitor of and for the excife, of fuch lofs fions, &c. and damage, and intentions to apply to fuch justices or commiffioners, for an allowance in respect thereof, fix days at leaft and apply for before the beginning of such quarter-feffions, or application to relief within a fuch commiffioners; and shall apply for fuch relief in the premisses, within one month after loss of damage happening.

10

T

1

XXXVII. Provided also, That after any of the said justices Loffes, &c. afor commiffioners shall have once examined and ascertained fuch certained by justices, not to lofs or damage, the same shall never after be examined into by be examined any other of the said justices or commiffioners.

Monies due on unsatisfied certificates of malt act 7 Geo. 1. stat. 1. c. 20.

to be made good, &c. EXP.

CAP. IV.

An act for punishing mutiny and desertion, and for the better payment of the army and their quarters. EXP.

CAP. V.

An act for redeeming certain annuities, now payable by the cashier of the bank of England, at the rate of five pounds per centum per annum.

MAY

by any other.

it please your most excellent Majesty, Whereas in and by I Geo. 1. stati an act of parliament, made and passed, in the first year of your 2. C. 21. Majesty's reign, intituled, An act for raising nine hundred and ten thousand pounds for publick services, by sale of annuities, after the rate of five pounds per centum per annum, redeemable by parliament, and to authorize a treaty concerning private rights claimed by the proprietors of the sugar-houses in Scotland, a certain yearly sum of forty five thousand five hundred pounds was established to be a distinct and separate yearly fund, for answering and paying certain annuities, after the rate of five pounds per centum per annum, which were then to be purchased upon the fame act, until the redemption thereof by parliament; and the faid yearly fund was thereby directed to be issued at the exchequer, to the first and chief cashier of the governor and company of the bank of England for the time being, by way of impreft, and upon account, for payment of the Said annuities, which were to be purchased upon that aft; and it was thereby enacted, That the monies which should be contributed on the Same act, for or towards the sum of nine hundred and ten thousand pounds therein mentioned, should be deemed to be a capital or joint Stock, on which such annuities should be attending; and the fame joint Stock, and the proportional annuities attending the fame, were thereby made transferrable and deviseable in the manner thereby prescribed; and in the faid act is contained a proviso, That, at any time upon one year's notice, and repayment by parliament of the faid fum of nine bundred and ten thousand pounds, or so much thereof as shall be advanced upon the faid aft, unto the respective contributors of the fame, or to fuch person or persons as by, from or under them, should then be entitled to the faid annuities, after the rate of five pounds per centum per annum, in respect of the money so advanced, according to fuch interests as they respectively should then have in the fame annuities; and also upon full payment and fatisfaction of all arrears of the faid annuities, after the rate of five pounds per centum per annum, (if any fuch should be then due) then, and not till then, the faid annuities, after the rate of five pounds per centum per annum, sted by that aft, should cease and determine. And whereas the contributions

B2

Cre

2. C. 21.

butions on the faid act did amount to the faid full fum of nine hundred and ten thousand pounds, and the annuities, which became payable in respect of the same, did amount to the yearly sum of forty five thouSand five hundred pounds: and whereas fince the making of the faid act, as much of the faid capital stock as amounted to seven hundred fix thousand one hundred Seventy five pounds and fifteen shillings, and as many of the faid annuities attending the fame, as amounted to thirty five thousand three hundred and eight pounds fifteen shillings and nine pence per annum, have been fubfcribed into the capital stock and yearly fund of the South-Sea company, and as much of the faid capital flock created by the act, in part before recited, as amounts to two hundred three thousand eight hundred twenty four pounds and five shillings, and as many of the faid annuities as amount to ten thousand one hundred ninety one pounds four shillings and three pence per annum, in respect thereof, do still remain transferrable at the bank, or deviseable as aforesaid, and are payable by the faid cashier of the governor and company of the bank of England for the time being: and whereas in and by certain clauses contained in another act of parliament, made

1 Geo. 1. ftat. and passed in the faid first year of your Majesty's reign, intituled, An act for enlarging the capital stock and yearly fund of the SouthSea company, and for fupplying thereby eight hundred twenty two thousand thirty two pounds four thillings and eight pence, to publick uses; and for raising one hundred fixty nine thousand pounds for the like ufes, by fale of annuities upon divers encouragements therein mentioned; and for appropriating several supplies granted to his Majesty, for encouragement of such persons and corporations as would advance, for the service of the publick, any fum or fums of money, not exceeding the further fum of one hundred fixty nine thousand pounds, a certain yearly fum of eight thousand four hundred and fifty pounds was established to be a distinct or separate fund, for answering and paying annuities after the rate of five pounds per centum per annum, which were thereby to be purchased, until the redemption thereof by parliament; and the said yearly fund or fum of eight thousand four hundred and fifty pounds per annum, was thereby directed to be issued at the exchequer, to the first and chief cashier of the governor and company of the bank of England for the time being, by way of impreft, and upon account, for payment of the faid annuities not exceeding eight thousand four hundred and fifty pounds per annum; and it was thereby enacted, That the monies which should be so contributed or advanced for or towards the faid fum, not exceeding one hundred fixty nine thousand pounds, should be a capital or joint stock, on which the annuities last mentioned should be attending; and the fame joint flock, and the proportional annuities attending the fame, were thereby made transferrable and deviseable in

Geo. 1. flat. the manner thereby prescribed; and in the act last mentioned there is contained a proviso, That at any time, upon one year's notice and repayment by parliament, of the faid fum of one hundred fixty nine thousand pounds, or so much thereof as should be advanced on the act laft mentioned. unto the respective contributors of the fame, or to fuch perfon or persons as by, from or under them should be then entitled to the fame annuities, after the rate of five pounds per centum per annum. annum, in respect of the money so advanced, according to fuch interefts as they respectively should then have in the fame annuities, and also upon full payment and fatisfaction of all arrears of the fame annuities, after the rate of five pounds per centum per annum, if any should be then due, then, and not till then, the faid last mentioned annuities, after the rate of five pounds per centum per annum, bould also cease and determine: and whereas the contributions upon the clauses in the act last mentioned for fuch annuities aforesaid, did amount to the said whole fum of one hundred fixty nine thousand pounds; and the annuities which were payable in respect of the fame, did amount to the faid yearly fum of eight thousand four hundred and fifty pounds, and since the making of the act last in part before recited, as much of the faid capital stock last mentioned, as amounted to one hundred thirty seven thousand five hundred twenty fix pounds fix fbillings and eight pence, and as many of the fame annuities attending the fame stock as amounted to fix thousand eight hundred feventy fix pounds fix shillings and four pence per annum, have been Subscribed into the capital stock and fund of the South-Sea company, and as much of the said capital stock of one hundred fixty nine thouSand pounds as amounted to thirty one thousand four hundred Seventy three pounds thirteen shillings and four pence, and as many of the Jaid annuities attending the fame as amounted to one thousand five bundred Seventy three pounds, thirteen shillings and eight pence per annum, ftill remain transferrable at the bank, and deviseable as aforesaid, and payable by the faid cashier of the governor and company of the tank of England for the time being; now we your Majesty's most dutiful and loyal subjects, the commons of Great Britain in parliament assembled, being fully determined that the said annuities or sums, amounting to one hundred ninety one pounds four shillings and three pence per annum, and one thousand five hundred seventy three pounds thirteen shillings and eight pence, per annum, severally payable after the rate of five pounds per centum per annum as aforesaid, by the faid cashier of the governor and company of the bank of England for the time being, fhall be redeemed at the end of one year next after the feast of the annunciation of the blessed Virgin Mary in the year of our Lord Annuities! one thousand seven hundred and twenty three, by paying to the payable by the faid cathier for the time being, the faid several suins of two hun- bank, &c. dred and three thousand eight hundred twenty four pounds five when redeemshillings, and thirty one thousand four hundred seventy three able, &c, pounds thirteen shillings and four pence; and such arrears (if any) as thall then be due upon the said annuities, amounting to ten thoufand one hundred ninety one pounds four shillings and three pence per annum, and one thousand five hundred seventy three pounds thirteen shillings and eight pence per annum, for the use of fuch person and persons, body and bodies politick and corporate, as shall then be entitled to the same, according. to fuch interest as they respectively shall then have therein, do most humbly pray your Majesty, That it may be enacted, and be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal,

Speaker of the

and commons in this present parliament assembled and by the authority of the fame, That on or before the faid feast of the annunciation of the blessed Virgin Mary in the year one thousand seven hundred and twenty three, the present, or then house of com- speaker of the house of commons, may give or leave notice in mons to noti- writing at the office of the governor and company of the bank fy to the bank, of England, That the honourable house of commons will, at in writing, the feast of the annunciation of the blessed Virgin Mary one demption, &c. thoufand seven hundred and twenty four, redeem the faid annuities amounting to one thousand five hundred seventy three pounds thirteen shillings and eight pence per annum.

the time of re

2. C. 19.

This and forII. And it is hereby enacted, That such notice so to be given mer notices to be good and or left, and the notice which the said speaker of the faid house fufficient, &c. of commons did, on the five and twentieth day of December one thousand seven hundred and twenty two, pursuant to an order of the fame house, give or leave at the said office, for redeeming all such annuities, purchased after the rate of five pounds 1 Geo. 1. ftat. per centum per annum, on the act first above recited, as had not been subscribed into the capital stock of the South-Sea company, shall, by force and virtue of this act, be and be deemed, adjudged and taken to be good and sufficient notice, within the true intent and meaning of the faid several acts of the first year of his Majesty's reign, for redeeming as well the said annuities, amounting to ten thousand one hundred ninety one pounds four shillings and three pence per annum, as the said annuities amounting to one thousand five hundred seventy three pounds thirteen shillings and eight pence per annum, at the faid feast of the annunciation of the blessed Virgin Mary one thousand seven hundred and twenty four, and the same shall be redeemable accordingly; any thing in the said acts of the first year of his Majesty's reign, or either of them, or any other act or acts of parliament contained to the contrary notwithstanding.

3 Geo. 1. c. 7.

III. And whereas an act of parliament was made and passed in the third year of your Majesty's reign, intituled, An act for redeeming the duties and revenues which were fettled to pay off principal and interest on the orders made forth on four lottery-acts paffed in the ninth and tenth years of her late Majesty's reign; and for redeeming certain annuities payable on orders out of the hereditary excife, according to a former act in that behalf; and for establishing a general yearly fund, not only for the future payment of annuities at several rates, to be payable and transferrable at the bank of England, and redeemable by parliament; but also to raise money for such proprietors of the said orders, as thall chuse to be paid their principal and arrears of intereft in ready money; and for making good such other deficiencies and payments, as in this act are mentioned; and for taking off the duties on linfeed imported and British linen exported, in and by which act (amongst other things therein contained) a certain yearly Jum, amounting to seven hundred twenty four thousand eight hundred forty nine pounds fix shillings and ten pence and one fifth part of a penny per annum, from the feast of Saint Michael the archangel in

the