find for fuch conftable, headborough or other officer, and for fuch person and persons so acting as aforesaid, notwithstanding such defect of jurisdiction as aforesaid; and if the verdict shall be given against the justice or justices, that in fuch cafe the plaintiff or plaintiffs shall recover his, her, or their costs against him or them, to be taxed in such manner by the proper officer, as to include such costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid.

VII. Provided always, That where the plaintiff in any fuch Where the action against any justice of the peace shall obtain a verdict, in judge thall certify the cafe the judge before whom the cause shall be tried, shall in cause of acopen court certify on the back of the record, that the injury for tion was wil. which such action was brought, was wilfully and malicioufly fully commit committed, the plaintiff shall be intitled to have and receive ted, plaintiff

double costs of fuit.

to recover double costs.

VIII. Provided also, and be it enacted by the authority Limitation of aforesaid, That no action shall be brought against any justice actions. of the peace for any thing done in the execution of his office, or against any conftable, headborough or other officer, or person acting as aforesaid, unless commenced within fix calendar Ju months after the act committed.

CAP. XLV.

An act for the more effectual preventing of robberies and thefts upon any navigable rivers, ports of entry or difcharge, wharfs, and keys adjacent.

W

t

Hardy

9B.H.505.

HEREAS divers wicked and ill-disposed persons are encouraged to commit robberies and thefts upon navigable rivers, ports of entry and discharge, wharfs and keys adjacent, by the privilege, as the law now is, of being admitted to the benefit of their clergy; therefore, for the more effectual preventing such felonies for the future, 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 all and every per- Persons confon or persons that shall, at any time from and after the twenty victed of theft fourth day of June, one thousand seven hundred and fifty one, of 40s. value on board any felonioufly steal any goods, wares or merchandize, of the value vessel, of forty thillings, in any ship, barge, lighter, boat or other veffel, or craft, upon any navigable river, or in any port of entry or discharge, or in any creek belonging to any navigable river, port of entry or discharge, within the kingdom of Great Britain; or shall feloniously steal any goods, wares or merchandize, of the value of forty fhillings, upon any wharf or key adjacent to any navigable river, port of entry or discharge, or shall or on any wharf, be present, aiding and nd assisting in the committing any of the offences aforesaid, being thereof convicted or attainted, or being or affilting indicted thereof shall of malice stand mute, or will not directly therein, &c. answer to the indictment; or shall peremptorily challenge above excluded from the clergy.

The present
duties upon
Dutch,
French, and

Spruce yarns,

and unwrought incle and thort spinnel, and other foreign

the number of twenty persons returned, to be of the jury; shal be excluded from the benefit of clergy.

CAP. XLVI.

An alt for repealing the duties now payable upon foreign linen yarns, and for granting other duties in lieu thereof.

HEREAS the fupport and

W manufactures of triped

encouragement of the British and chequered linen, and of linen mixed with cotton, is of great importance to the trade and navigation of this kingdom: and whereas the exports of the faid manufactures have of late years confiderably decreased: and whereas the reducing of the duties now payable upon foreign linen yarns, would greatly tend to the encouragement and support of the said manufactures, by putting them upon a more equal footing with the manufactures of other nations, and thereby enable the British manufactures to regain and enlarge their export trade: may it therefore please your most excellent Majesty that it may be enacted; and 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 from and after the twenty fifth day of March one thousand feven hundred and fifty two, all the rates, duties, subsidies, and impositions, which are now payable by virtue of feveral acts of parliament upon the importation of raw foreign linen yarns, known by the name of Dutch yarn and French yarn, and of Spruce or Muscovia yarn; and also upon the importation of whitened or bleached foreign linen yarns, known by the name of, Unwrought incle and Short Spinnel; and also upon the importation of all other raw and whitened or bleached foreign linen

yarn import- yarn, shall cease and determine, and be no longer paid.

ed, repealed.

Duties granted in lieu thereof.

II. And be it further enacted by the authority aforesaid, That in lieu of the faid rates, duties, subsidies and impositions by this actirepealed as aforesaid, there shall, from and after the faid twenty fifth day of March one thousand seven hundred and fifty two, be granted and paid to his Majesty, his heirs and fuccefsors, the respective duties following, upon the importation of foreign linen yarns into this kingdom (that is to say)

For every pound weight of French, Dutch, Mufcovia, or Spruce raw linen yarn, the fum of one penny.

And for every pound weight of whitened or bleached linen yarn, known by the name of Unwrought incle or Short spinnel, of the manufacture of any part or place not belonging to the crown of Great Britain, the fum of three pence.

And also the said duty of one penny for every pound weight of all other raw linen yarn.

And the said duty of three pence for every pound weight of all other whitened or bleached linen yarn respectively, of the manufacture of any part or place not belonging to the crown of Great Britain,

III. And III. And be it further enacted by the authority aforesaid, Duties how to That the duties hereby granted shall be raised, levied, and col- be levied, &c. lected, by the respective officers of his Majesty's customs in this kingdom, under the management and direction of the respective commissioners of the customs for the time being; and that the faid duties shall be collected, raised and levied, in the same manner, and with the fame authorities and powers, and under the like regulations, restrictions, penalties and forfeitures, as the rates, duties, subsidies and impofitions, hereby repealed as aforesaid, are now raised, collected and levied, as fully and effectually, to all intents and purposes, as if the provisions and clauses, directions, matters and things, relating to the raising, collecting and levying of the faid rates, duties, subsidies, and impositions, were herein particularly inserted and re-enacted.

IV. And be it further enacted by the authority aforesaid, to be paid inThat all the monies arifing by the faid duties hereby granted, to the excheshall be paid into the exchequer separate and apart from all the quer feparate branches of the publick revenues, and shall be subject and liable from other to the fame uses and purposes respectively, as the duties hereby the revenue, repealed and taken off are now liable and appropriated unto.

CAP. XLVII.

An att for granting to bis Majesty the sum of fix hundred
thousand pounds out the finking fund, for the service of
the year one thousand seven hundred and fifty one; and for
allowances to the poor widows of commission and warrant
officers of the royal navy; and for the further appropriat-
ing the supplies granted this session of parliament; and
for making forth duplicates of exchequer bills, lottery tick-
ets, certificates, orders of loan, or annuity orders, payable
at the exchequer in lieu of such as shall be loft, burnt or
destroyed; and also for making forth new orders of loan
or annuity orders, in lieu of fuch as shall become defaced,
obliterated or otherwise incumbered with affignments or en-
dorsements thereon.

M
OST gracious Sovereign, we your Majesty's most dutiful
and loyal fubjects, the commons of Great Britain in par-
liament assembled, being defirous to raise the necessary supplies
which we have chearfully granted to your Majesty in this session
of parliament, for the service of the year one thousand seven
hundred and fifty one, in the easiest manner we are able, for the
benefit of your Majesty's subjects, and also to use such ways
and means therein as that your Majesty may have the better and
more speedy effect of the said supplies, have resolved to give and
grant unto your Majesty the sum of fix hundred thousand pounds
out of the furplusses, excesses and overplus monies, commonly
called the finking fund; and to that end and purpose do most
humbly beleech your Majesty that it may be enacted, and be it

en

branches of

enacted by the King's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the fame, That by or out of such monies as now are or shall

600,0001. from time to time be and remain in the receipt of the exchequer, granted out of the finking of the said surplusses, excesses or overplus monies, commonly fund, towards called the finking fund, (after paying or reserving sufficient to pay the supply for all fuch sum and sums of money as have been directed by any

the current

year.

Clause of loan

former act or acts of parliament, to be paid out of the same) there shall and may be issued and applied, a sum not exceeding the faid fum of fix hundred thousand pounds, for and towards the supply granted to his Majesty for the service of the said year one thousand seven hundred and fifty one; and the commiffioners of his Majesty's treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, are hereby authorized and impowered to issue and apply the same accordingly. II. And it is hereby enacted by the authority aforesaid, at 3l. per cent. That in cafe the faid commissioners of his Majesty's treasury, or any three or more of them now being, or the high treafurer, or any three or more of the commiffioners of the treasury for the time being, shall think it adviseable to raise the faid fum of fix hundred thousand pounds, or any part thereof, by loans or exchequer bills, in manner herein after mentioned, that it shall and may be lawful to and for any person or perfons, natives or foreigners, bodies politick or corporate, to advance or lend to his Majesty, at the receipt of his Majesty's exchequer, any fum or fums of money not exceeding the faid fum of fix hundred thoufand pounds, upon the credit of the faid surplusses, excesses or overplus monies, commonly called the finking fund, and to have and receive for the forbearance of the money lent, interest after a rate not exceeding three pounds per centum per annum, so as such loans be allowed to be made by the faid commiffioners of the treasury, or any three or more of them now being, or the high treafurer, or any three or more of the commiffioners of the treasury for the time being, who are hereby authorized to issue their warrants for that purpose as fast as fuch loans shall be wanted for the publick service; and moreover, that no money to be lent upon the security of this act, shall be rated or affessed to any tax or affefsment whatsoever.

III. And be it further enacted, That all and every person and persons who shall lend any money upon the credit of this act as aforesaid, and pay the same into the receipt of the exchequer, shall immediately have a talley of loan ftruck for the fame, and an order for his, her or their repayment, bearing the same date with his, her or their talley, in or upon which order shall be also contained a warrant for payment of interest for the forbearance thereof, not exceeding the faid rate of three pounds per centum to carry 31. per cent. in- per annum; and to be paid every three months, until the repayment of the principal; and all fuch orders for repayment of The orders to money so to be lent, shall be registered in course, according to be registered, the the dates respectively, and that all and every perfon and persons and paid in shall be paid in course, according as their orders shall stand re- course, gistered in the faid register books, so as the perfon or persons, natives or foreigners, his, her or their executors, administrators or affigns who shall have his, her or their order or orders first entered in the said hooks of register, shall be taken and accounted to be the first person or persons to be paid out of the said furplusses, excesses or overplus monies; and he, she or they who shall have his, her or their order or orders next entered, shall be taken and accounted to be the second person to be paid, and so successively and in course; and that the monies to come in of or for the faid furplusses, excesses or overplus monies, commonly called the finking fund as aforesaid, shall be in the fame order liable to the fatisfaction of the faid respective persons, and body or bodies politick or corporate, their executors, administrators, successors or affigns respectively, without any undue preference of one before another, and not otherwise, and shall not be diverted or divertible to any other use, intent or purpose whatsoever, (other than such uses and purposes as are appointed by any other act or acts of parliament in that behalf as aforesaid) and that no fee, reward or gratuity directly or indirectly shall No fee for be demanded or taken of any of his Majesty's subjects for pro- registering. viding or making of any fuch books or registers, or any entries, views or searches, in or for payment of money lent, or the interest thereof as aforesaid, by any of his Majesty's officer or officers, their clerks or deputies, on pain of payment of treble damages to the party grieved by the party offending, with full costs of fuit; or if the officer himfelf take or demand any fuch fee or reward, then to lose his place also; and if any undue Penalty. preference of one before another shall be made, either in point of registry or payment, contrary to the true meaning of this act, by any fuch officer or officers, then the party offending shall be liable by action of debt, or on the cafe, to pay the value of the debt, with full costs of fuit, to the party grieved, and shall be forejudged of his place or office; and if any fuch preference be unduly made by any his deputy or clerk, without direction or privity of his master, then such deputy or clerk only shall be liable to fuch action, debt, damages and costs, and shall be for ever after incapable of his office or place, and in case the auditor of the receipt shall not direct the faid orders of loan, or the clerk of the pells record, or the teller make payment upon such orders, according to each person's due place and order as before directed, then he or they shall be adjudged to forfeit, and the respective deputies and clerks therein offending, to be liable to such action, debt, damages and costs in fuch manner as aforesaid; all which said penalties, forfeitures, damages and costs to Forfeitures be incurred by any the officers of the exchequer, or any their how to be deputies or clerks, shall and may be recovered by action of debt, recovered. bill, plaint or information, in any of his Majesty's courts of record at Westminster, wherein no essoin, protection, privilege, wager of law, injunction or order of restraint shall be in any wise granted or allowed.

IV. Pro

1