6 Geo. 1. C.11.

C. 30.

CAP. XII.

An att for the more easy assigning or transferring certain redeemable annuities, payable at the exchequer, by endorsements on the standing orders for the same.

WHEREAS in and by an act of parliament of the fixth year

present Majesty's reign, (for laying a duty on wrought plate, and other purposes therein mentioned) amongst other things it was enacted, That the contributors for the purchase of the annuities thereby directed to be fold, should upon payment of their whole purchase-money, have orders for the payment of their faid annuities, until redemption

6 Geo. 1. c.17. thereof by parliament : and whereas by another act of parliament of the faid fixth year of his present Majesty's reign, intituled, An act for appointing commissioners to examine, state and determine the debts due to the army, and to examine and state the demands of feveral foreign princes and states, for subsidies during the late Geo.r. ftat.1. war; and alfo in and by another act of parliament of the seventh year of his faid Majesty's reign, intituled, An act for appointing commiffioners to examine, state and determine the debts due to the army, amongst other things it was enacted, That the commissioners of his Majesty's treasury should be impowered to issue ftanding orders for paying at the receipt of the exchequer, the annuities for the principal fums contained in the debentures by the faid two last mentioned acts respectively directed to be made forth: and whereas by another act

8Geo.1. c. 20. of parliament of the eighth year of his present Majesty's reign (for f. 43. paying off and cancelling one million of exchequer-bills, and other purposes therein mentioned) amongst other things it was enacted, That the commiffioners of his Majesty's treasury should be impowered to issue ftanding orders for paying at the receipt of exchequer, the annuities for the principal fums contained in the debentures therein recited to have been made forth for the sufferers at Nevis and Saint Chriftophers; and by the faid feveral acts it was enacted, That the faid Jeveral annuities should be deemed to be personal estates, and the respective proprietors thereof should have power to assign or devise his or their estate of and in any fuch annuity, or any part thereof, and s toties quoties; and that no fuch assignment should be revocable, fo as an entry or memorandum of fuch assignment or will should be made in books kept for that purpose in the office of the auditor of the receipt of exchequer, within three months after such affignment or death of the devisor; and that upon producing fuch assignment or will, or probate thereof, in the faid office of receipt to be entred as aforesaid, the party so producing the fame, should bring therewith an affidavit, taken before one of his Majesty's justices of the peace, of the dus execution of the faid afsignment or will; which affidavits should be severally filed in the faid office, as by the faid acts of parliament (relation to them respectively being had) more fully may appear : whereas the method prescribed by the faid acts for affigning the faid annuities, and producing therewith affidavits taken before one of bis Majesty's justices of the peace, of the due execution of such affignments, is found to be chargeable, troublesome and inconvenient to the propri

and

etors

:

etors thereof; and 'tis doubted whether afsignments by endorsements on fuch orders are good and available in law; which has occafioned large discounts thereon, to the prejudice of publick credit: for remedy thereof, be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the fame, That the respective proprietors of the faid standing orders, made forth or to be made forth, in pur- Assignments suance of the faid acts, or any or either of them, shall or may may be made from time to time, by proper words of assignment to be endorf- by indorseed on his, her or their order, assign or transfer his, her or their ment on the order, right, title, interest and benefit of fuch order or orders to any: other perfon or persons; which being notified in the office of auditor of receipt aforesaid, the officers there shall, without producing fuch affidavit as aforesaid, cause an entry or memorial thereof to be made in the book of registry for such orders, without fee or charge; and after such entry made, such assignment shall entitle fuch affignee, his, her or their executors, administrators, successors or affigns to the benefit thereof, and payment thereon, and such affignee may in like manner affign again, and so toties quoties; and afterwards it shall not be in the power of fuch perfon or persons, who have or hath made fuch assignments, to make void, release or discharge the fame, or any monies thereby due, or any part thereof; any thing in the said former acts, or any or either of them to the contrary notwithstanding.

II. And for as much as it may happen, That several of the faid orders, which at first were made out for small fums, may in time come into the hands of one and the same person, who may be willing and defiyous to have foveral of the faid orders for small fums exchanged for, and turned into one or more order or orders for larger fums, which may be an ease and convenience, not only to the owners of fuchorders for small fums, but also to the officers of the exchequer, in the payment thereof; be it therefore enacted by the authority aforesaid, That any three or more of the commiffioners of the treasury now being, or the high treasurer, or any three or more of the commiffioners of the Orders for treasury for the time being, may (if he or they shall so think fit) small fums direct the turning several orders for small sums of five hundred may be turned into orders pounds principal money a-piece, or under, into one or more for greater. order or orders for larger sums, and may cause to be made forth and signed new standing orders accordingly, for and in lieu of such orders for small sums; in which case the said former orders for small sums, so to be turned into an order or orders for larger fums, shall be delivered up and cancelled; and the faid new order or orders, to be made out in lieu thereof, shall be made payable to the perfon or perfons, who shall appear to be the proprietor or proprietors of the faid orders for small fums fo delivered up and cancelled at the time of fuch delivery up as aforesaid: and the said auditor of the receipt aforesaid shall constantly take care, on the making out of fuch new orders, not to mix any order or orders made out in pursuance of any one of the faid acts of parliament, with any order or orders made out in pursuance of any other of the said acts of parliament, to prevent

any

:

New orders

out in lieu of

fuch as are defaced, &c.

any confufion in the accounts to be kept thereof; and that such entries and memorandums be made upon the said new orders, as may denote their being made out in lieu of such orders for small fums delivered up and cancelled, and as may secure the publick against any double payment, for or by reason of the making out or issuing such new orders in manner aforesaid.

III. And whereas it may so happen in process of time, that feveral of the faid standing orders may become defaced, obliterated or incumbred with many assignments endorsed thereon, and by reason thereof, or fome other defects therein, it may become necessary that the faid defaced, obliterated, incumbred or otherwise defective orders should be taken in and cancelled, and new orders made forth and delivered to the owners and proprietors of the orders so to be cancelled in lieu thereof; be it therefore enacted by the authority aforesaid, That in all or any of the said cafes any three or more of the commiffioners of the treasury now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, may (if he or they shall so think fit) from time to time cause to be made forth new standing orders for and in lieu of

may be made such defaced, obliterated, incumbred or otherwise defective orders, so as such defaced, obliterated, incumbred or otherwise defective order or orders be at the same time delivered up and cancelled, and the new order or orders to be made out in lieu thereof, be made payable to the person or persons who shall appear to be the proprietor or proprietors of the faid order or orders so delivered up and cancelled at the time of fuch delivery up as aforesaid; and the auditor of the receipt aforesaid shall always take care, that such entries or memorandums be made upon the said new orders, as may denote their being made out in lieu of fuch defaced, obliterated, incumbred or otherwise defective orders cancelled, and as may fecure the publick against any double payment, for or by reason of the making out or issuing such new orders in manner aforesaid.

IV. And for the preventing all frauds and abuses in or about the said standing orders, or any assignments thereof, or the receiving the annuities due or to grow due thereon; be it enacted by the authority aforesaid, That if any person or persons whatsoever, from and after the second day of April one thousand seven hundred and twenty three, shall forge or counterfeit, or procure to be forged or counterfeited, or knowingly or wilfully act and assist in the forging or counterfeiting any order or orders made forth or to be made forth in pursuance of any the beforementioned acts, or of this present act, or any assignment or afsignments of such order or orders, or of the annuities payable thereon, or of any receipt or discharge to the exchequer for the annuities due or to grow due on any such standing order or orders, or of any letter of attorney, or other authority or inftrument to transfer, affign, alien or convey any such order or orders, or to receive the annuities due or to grow due thereon, or any part thereof, or shall forge or counterfeit, or procure to be forged or counterfeited, or knowingly or wilfully act or affist in

the

6

!

the forging or counterfeiting any the name or names of any of Counterfeitthe proprietors of any fuch order or orders in or to any such pre-ing orders, tended assignment, receipt, letter of attorney, inftrument or au- felony. thority, or shall knowingly and fraudulently demand, or endeavour to have or receive any fuch annuity or annuities, or any part thereof, by virtue of any fuch forged or counterfeited receipt, letter of attorney, instrument or authority, or shall falsly and deceitfully perfonate any true and real proprietor or proprietors of any the said order or orders, and thereby assigning or endeavouring to affign any of the faid order or orders, or receiving or endeavouring to receive the money of such true and lawful proprietors, as if such offender were the true and lawful owner thereof, then and in every or any fuch cafe, all and every fuch person and perfons (being thereof lawfully convicted in due form of law) shall be adjudged guilty of felony, and shall suffer as in cases of felony, without benefit of clergy.

CAP. XIII.

An act for the enlarging the term granted by an act passed in the eighth year of the reign of her late Majesty Queen Anne, intituled, An alt for repairing the bigbways between the bouse commonly called the Horseshoe-house, in the parish of Stoke Goldington in the county of Bucks, and the town of Northampton; and for repairing the road from the North-Bridge of Newport-Pagnel in the county of Bucks, to the faid Horseshoe-House.

By this act the toll granted by the private act 8 Ann. c. 2. which commenced from: April 1710, and was to have continuance for 21 years, is farther continued from 1 May 1723, for the term of 15 years. Farther continued by 15 Geo. 2. c. 6.

CA P. XIV.

An att for enlarging the term granted by an act made in the third year of bis Majesty's reign, (for continuing the duty of two pennies Scots upon every pint of ale and beer fold in the city of Edinburgh, for the purposes therein mentioned; and for discontinuing payment of the petty-port customs there) and for making the faid aft more effectual. of Edinburgh, being the metropolis and

HEREAS the city

WHERE

This att is ex

the government of Scotland, was thereby subject to all the alterations and changes of the state; and whereas the faid city bath, ever since the reformation, been remarkably zealous in fupporting and defending the protestant interest, and thereby, and by other inavoidable occafions, was involved in very confiderable debts, far exceeding what the common revenue of the faid town could discharge; therefore to enable them to pay off these debts, and for other purposes, plainat by an act was paft in the parliament of Scotland of the thirteenth of Geo. 2. ftat. a. June one thousand fix hundred and ninety three, giving to the fald c. 22. town of Edinburgh, and community thereof, and to the magistrates Farther contiand town-council of the fame, and their fucceffors in office, for their nued by 25 Geos ufe and behoof, an imposition of two pennies Scots (over and above. C. 9. the King's annexed excife, and additional excise imposed in that feffion of parliament) upon the pint of all ale and beer, either brewed, brought

in, or vended, tapped, and fold within the said town and fuburbs, and liberties thereof, viz. Canon-gate, South and North Leith, • Westport, Potterow and Pleasants, and the other pertinents, to be paid to the faid town, magiftrates and council thereof, by the brewers, venders, fellers, and tapsters of the faid ale or beer, during the Space of fifteen years and further, not exceeding the space of thirty years, commencing from the first of July one thousand fix bundred and ninety three, to be paid, uplifted, and collected weekly, monthly and quarterly, or otherwise, as the magistrates and towncouncil should think fit to prescribe and order; excepting only from the faid act all fuch ale and beer, as should be brewed in the country without the liberties of the faid city, by heritors or proprietors on their own lands, and brought in by them (during the time they actu ally inhabited in the faid town) to be consumed and made use of for their own use, and the use of their families only, and also excepting all ale and beer vended within the precincts of Holyrood House and castle of Edinburgh from the faid impofitions: and whereas fince the union there hath been a gradual, but very fenfible decrease and decay of the revenues of the said city, and that several of their publick works, which were highly necessary to be carried on and finished for the fervice of the faid city, had been very much neglected, and could not be carried on without a confiderable sum of money : and whereas the faid city was so far from being able, at their own expence, and out of their proper revenues, to carry on and finish the fame, that the debts owing by them were confiderably increased, partly occafioned by the late unnatural rebellion; therefore by an act of the third year of

3 Geo. 1. c. 5. his present Majesty's reign, intituled, An act for continuing the duty of two pennies Scots, or one fixth part of a penny fterling, on every pint of ale and beer that shall be vended or fold within the city of Edinburgh, and privileges thereof, for the benefit of the said city: and for discontinuing the payment of the dues commonly called the petty-port customs at Edinburgh, during the continuance of this act, the faid duty and duties so imposed by the before recited act of the parliament of Scotland are further continued and made payable to the provoft, magistrates and council of the faid city of Edinburgh, for the time being, and their fuccessors, for the use and behoof of the jaid town, for and during the full term of nineteen years, to be collected and levied in the fame manner, as the same was, by the faid act of parliament in Scotland, limited and appointed, and the money arifing thereby was directed to be applied and disposed of to the ufes following, viz. for renewing the water-pipes, and helping the conduits, which carry water to the town, for enlarging the harbour and deepning the channel of Leith, for building a new key at Leith, for fettling an annual fund of three hundred pounds towards employing and maintaining the poor of Edinburgh and adjacent counties, from and after the first of July one thousand seven hundred and eighteen, for fettling a falary on the professor of law in the univerfity of Edinburgh, and his fuccessors in office, not exceeding one bundred pounds per annum, commencing from the eleventh of Novemthousand seven hundred and feventeen, for rebuilding the citywalls, and caufeying the highways leading to the faid city, for building two new churches, and fettling ftipends for the ministers thereof, and

ber

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