The bank to therity aforefaid, That the faid governor and company of the continue a bank of England, and their fucceffors, (notwithstanding the recompany till redemption of demption of all or any their own funds, in pursuance of the the annuities. acts for establishing the fame, or any of them) fhall continue a corporation, with all the powers, privileges, and advantages thereunto belonging, for the purposes in this act expressed, till all the annuities to be purchased on this act shall be redeemed by parliament, according to the provifo herein after contained in that behalf; and the faid governor and company, or any members thereof, fhall not incur any difability for or by reafon of their doing any matter or thing in pursuance of this act.

No fee for payment of

money.

XLVI. And it is hereby enacted by the authority aforefaid, That no fee or gratuity whatsoever, fhall be demanded or taken contribution of any of his Majefty's fubjects, for receiving or paying the faid contribution-monies, or any of them, or for any tallies or receipts concerning the fame, or for iffuing the monies for paying the faid several annuities, or any of them; and that no fee or gratuity shall be demanded or taken for any transfer, of any fum great or fmall, to be made in purfuance of this act; upon pain that any officer or person offending, by taking or demanding any fee or gratuity contrary to this act, fhall forfeit the fum of twenty pounds to the party grieved, to be recovered with full cofts of fuit, in any of his Majefty's courts of record at Westminster.

Transfers to be made gra

tis.

Penalty.

Treasury to pay the charges of executing this act, out of the duties,

and appoint falaries for the cashiers

and other of

Acers.

XLVII. Provided always, and be it enacted by the authority aforefaid, That the commiffioners of the 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, fhall have power, and they are hereby authorized out of the faid feveral rates and duties by this act granted and appropriated as aforefaid, to discharge all fuch incident charges, as fhall neceffarily attend the execution of this act, in fuch manner, as to them fhall feem just and reasonable; and also to settle and appoint fuch allowances, out of the contributions aforefaid, as they fhall think juft and reasonable, for the fervice, pains, and labour of the receiver or receivers of the contributions to the said lottery, for receiving and accounting for the fame; and alfo fuch further allowances, out of the faid feveral rates and duties by this act appropriated, as they fhall think juft and reasonable, for the fervice, pains, and labour of the cashier or cashiers of the governor and company of the bank of England, for receiving, paying, and accounting for the several and respective annuities, payable in refpect thereof; and alfo for the fervice, pains, and labour of the accomptant general of the faid governor and company, for performing the duty and truft incumbent on him by this act; all which allowances hereby impowered to be made as aforefaid, in refpect to the service, pains, and labour of any officer or officers of the faid governor and company, shall be for the ufe and benefit of the faid governor and company, and at their difpofal only; any thing herein contained to the contrary notwithstanding.

XLVIII, And

&c. to be

XLVIII. And it is hereby enacted by the authority aforefaid, Deficiencies, That if at any time or times the produce of the said several rates made good. and duties thall happen to be fo low or deficient as that the monies arifing therefrom into the exchequer, fhall not be fufficient to pay and discharge the feveral and respective annuities, and other charges directed to be paid thereout, at the end of any or either of the refpective half-yearly days of payment, at which the fame are hereby directed to be paid, then, and so often, and in every fuch cafe, fuch deficiency or deficiencies fhall and may be fupplied out of the overplus monies, that shall or may happen to arife and be paid into the exchequer in any of the fubfequent half years, as the faid refpective annuities fhall, from time to time, become due and payable; and in case such overplus monies shall not be fufficient to fatisfy the deficiencies hereby intended from time to time to be paid thereout, that then, and in every fuch cafe, the deficiencies fo from time to time happening, fhall, from time to time, be answered and made good by and out of the first fupplies which fhall be granted in parliament next after fuch deficiencies fhall appear; and in cafe no fuch fupplies fhall be granted within fix months next after fuch deficiencies shall happen, then the fame fhall be made good out of any the monies which at any time or times fhall be or remain in the receipt of the exchequer, of the furpluffes, exceffes, or overplus monies, commonly called The finking fund (except fuch monies of the fame finking fund as are appropriated to any particular use or uses by any former act or acts of parliament in that behalf) and fuch monies of the faid finking fund fhall and may be from time to time iffued and applied accordingly; and if at any time or times before any monies of the faid feveral rates and duties hereby granted fhall be brought into the exchequer as aforefaid, there fhall happen to be a want of money for paying the several annuities aforefaid, which fhall be actually incurred and grown due at any of the faid half-yearly days of payment before mentioned, that then, and in every fuch case, the money fo wanted fhall and may be supplied out of the monies of the faid finking fund (except as before excepted) and be iffued accordingly.

XLIX. Provided always, and be it enacted by the authority Sinking fund aforefaid, That whatsoever monies fhall be fo iffued out of the to be replaced. faid finking fund, fhall from time to time be replaced by and out

of the firft fupplies, to be then after granted in parliament,

L. Provided always, and be it further enacted by the autho- Surplus mority aforefaid, That in cafe the monies arifen, or to arife into nies how to be the receipt of his Majefty's exchequer, of or for the rates and applied. duties by this act granted, fhall be more than fufficient to anfwer and pay the feveral annuities by this act charged thereupon, it fhall and may be lawful to and for the faid commiffioners of the treafury, or any three or more of them now being, or the faid high treasurer, or any three or more of the commiffioners of the treasury for the time being, and they are hereby refpectively authorized and required, from time to time, to issue and

pay,

Clause of redemption.

pay, out of the furplus money of the said rates and duties by this act granted as aforefaid, fo much money as fhall, from time to time, be wanting to make good any deficiency that shall or may happen in the produce of the rates and duties upon houses, windows, or lights, granted to his Majefty, his heirs and fucceffors, by one other act of this prefent feffion of parliament; any thing herein contained to the contrary in any wife notwithstanding.

LI. Provided alfo, and be it further enacted by the authority aforefaid, That at any time upon one year's notice to be printed in the London Gazette, and affixed upon the Royal Exchange in London, by authority of parliament, at any of the half yearly feaft days, for payment of the faid respective annuities, and upon repayment by parliament, of the refpective principal fums, for which the faid refpective annuities, fhall be payable to fuch refpective perfons or corporations, as fhall be intitled to the fame annuities, and alfo upon full payment of all arrearages of the fame annuities; then, and not till then, the faid respective annuities fhall ceafe and determine, and be understood to be redeemed; and from and after fuch redemption, the monies arifing from the faid feveral rates and duties, fhall not be issued or applied to any ufe or purpose, but as fhall be directed by future act or acts of parliament; and that any vote or refolution of the house of commons fignified by the fpeaker in writing, to be inferted in the London Gazette, and affixed on the Royal Exchange in London as aforefaid, fhall be deemed and adjudged to be fufficient notice, within the words and meaning of this act.

LII. And it is hereby enacted by the authority aforefaid, That if any perfon or perfons fhall be molefted or profecuted for any thing done by virtue or in pursuance of this act, or any the clauses therein contained, fuch perfon or perfons shall and General issue. may plead the general iffue, and give this act, and the fpecial matter in evidence for his, her, or their defence; and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs thall difcontinue his or their action, or be nonfuited, or judgement fhall be given against him or them, upon demurrer, or otherwife, then fuch defendant or defendTreble cofts. ants fhall have treble costs to them awarded against such plaintiff or plaintiffs.

САР. ХІ.

An act for punishing mutiny and desertion; and for the better payment of the army and their quarters. Exp.

CAP. XII.

An act for repairing the high road leading from the city of Durham, in the county of Durham, to Tyne Bridge in the faid county.

Certain tolls granted for 21 years.

CAP. XIII.

An act for repairing the road from Sunderland near the fea, to the city of
Durham, in the county of Durham.

CAP. XIV.

An alt for opening, cleanfing, repairing, and improving the baven of Southwould in the county of Suffolk. WHEREAS there hath been, for time out of mind, a fea

port or harbour for shipping at Southwould in the county of Suffolk, which is fituated very conveniently, not only for the fafeguard and prefervation of ships and veffels navigating in the British feas, but also for the importation and exportation of many useful wares and commodities, and for the benefit of trade and commerce in general: and whereas the road or haven, lying before and without the faid port er barbour, is fo choked up or obstructed with fand, as to prevent any loaded fhips or vessels (except fuch as are of very small tonnage or burthen) from paffing into or out of the faid harbour: to the end therefore that the faid haven, port, or harbour may be opened, cleanfed, repaired, and improved, fo as to render the fame fafe and commodious for fhipping, and of publick benefit and utility to the trade and commerce of this kingdom; be it enacted, &c. From 25 March, 1747, for 21 years, &c. there fhall be paid, for every English veffel which thall fail into the harbour, and neither load_nor unload there, 1 d. 2 q. per ton, according to their light bills. For every chaldron of coals, culm, and cinders, landed from any Englith fhip in the faid port, 1 s. For every laft of wheat, rye, barley, malt, oats, and other grain, exported or imported, 1 s. For every ton of rock falt, 1 s. For every hoghead of wine, brandy, or other fpirituous liquor, 1 s. For every ton of chalk, other than for improving land, 1d. For every firkin of butter and weigh of cheese, 1 d. For every ton of grocery wares, and other goods (fish, butter and cheese excepted) 1 s. 6d. For every ton of lead, Is. For every foreign fhip which fhall fail into the harbour, and not load nor unload there, and for ali goods exported or imported, out of any foreign fhip in the port, double duties. Duties may be levied by diftrefs and fale. No fhip to be cleared at the custom houfe, 'till a certificate is produced of the payment. Monies to be applied towards cleaning and improving the harbour. Trustees to ftate their accounts yearly. Bailiffs, &c. of Southwould to be prefent at the making up the accounts. Trustees may contract for cleanfing, &c. the harbour; and may borrow money on the duties. New trustees may be chofe in the room of those who are dead, &c. No perfon to throw rubbish into the harbour, under penalty of 40 s.

CAP. XV.

An act for repairing, improving, and maintaining the publick conduits, and other water-works, belonging to the town of Southampton.

CAP. XVI.

An act for enlarging the term and powers granted by several acts of parliament paffed for repairing the highways between Wymondham and Attleborough, and from Wymondham to Hetherfet, and from the mouth of Wigmore Lane, to Hall Walk Gate in Attleborough, in the county of Norfolk; and for amending the other roads adjoining to the highways directed to be repaired by the faid former acts, and making the faid acts more effectual."

Former acts 7 Will. 3. c. 26. &c. continued for 21 years.

CAP.

vale.

CAP. XVII.

An act for enlarging the term and powers granted by two acts of parliament for laying a duty of two pennies Scots upon every pint of ale and beer brewed and vended within the town of Dundee, and the liberties and fuburbs thereof, for the purposes in the said acts and this present act mentioned.

The duty of excife continued to the town for 25 years.

CAP. XVIII.

An act for the better prefervation and improvement of the river Wear, and port and haven of Sunderland, in the county of Durham.

3 Geo. 1. pri- on the river Wear, in the county of Durham, is well inhaWH WHEREAS the town of Sunderland near the fed, fituate

13 Geo. 1. private.

bited by rich and able merchants and tradefmen, and may be of great importance, as well for his Majesty's fervice and revenue, as for the publick benefit of the kingdom, having a port or haven capable of containing many hundred fail of ships at one time, and from whence may be loaded and fent great numbers of ships with coals, falt, glass, and other merchandizes, to divers places within this realm, and alfo to foreign parts; and divers kinds and forts of merchandizes may be imported in the faid port or haven, whereby not only a great revenue will yearly arife to his Majesty, but there will be also a conftant nurfery and fupply of able feamen to ferve on board the royal navy, and great numbers of poor people may be conftantly employed in and about work and trade of the faid river and port: and whereas by an act paffed in the third year of the reign of his late majefty King George. the Firft, intituled, An act for the preservation and improvement of the river Wear, and port and haven of Sunderland, in the county of Durham, certain perfons in the faid act named, were named, conftituted, and appointed commiffioners of the faid river, port, and haven, within the limits, with the powers, and for the purposes therein mentioned, for and during the term of twenty one years; and for the effectual cleansing and preferving the faid river, port, and haven, certain duties were by the faid act granted and made payable from and after the twenty fourth day of June, which was in the year of our Lord one thousand feven hundred and feventeen, and to have continuance for the space of twenty one years then next following and whereas another act paffed in the thirteenth year of the reign of his late majesty King George the First, For the more effectual preservation and improvement of the river Wear, and port and haven of Sunderland, in the county of Durham, whereby divers additional powers were granted to the faid commissioners: and whereas the faid commiffioners, in pursuance and in execution of the powers by the faid acts given to them, did, before the expiration of the faid term thereby limited (which was on the twenty fourth day of June, in the year of our Lord one thousand Seven hundred and thirty eight) at a very great charge, erect a pier and a key at or near the mouth of the faid river, on the fouth fide thereof, and did divers other acts, for the opening, cleansing, stouring, and improving

of