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. aforesaid, may procure a legal Settlement in such Parish, and • whether such 'Certificate did not amount to a Notice in Writing, . in order to gain a Settlement:' For explaining thereof and of in what Care the faid Aa, be it therefore enacted and declared by the King's Persons adMost Excellent Majesty, by and with the Advice and Consent of judged to have the Lords Spiritual and Tempo-al
, and Commons, in this present a legal SettleParliament assembled, and by the Authority of the same, That no Person or Persons whatsoever, who shall come into any Parish, by any such Certificate as aforesaid, shall be adjudged by any Act whatsoever to have procured a legal Settlement in such Parith, unless he or they shall really and bona fide take a Leale of a Tenement of the Value of ten Pounds (a), or shall execute some annual (a) (Sic Ros.] Office in such Parish, being legally placed in such Office.',
CA P. XII.
and Key of the Borough of Bridgwater in the County
Coals and Culm.
$ 1. For Coals imported from Sectiund, fold by Weight, “ &c. 58. per Tun. ✓ 2. For Scotch Coal, &c. fold by Chalder, “ 7s.6d. per Chalder. Duties for foreign Coal to be paid by “ Importer. Ý 3. For Coals shipped or water-born in England,
55. per Chalder. \ 4. For Coals usually sold by Weight,
35. 4.d. per Tun. Duties to be paid at Port where landed. § 5. “ Duties for all Culm water-born, to be paid at Port where landed, “ on Importation, &c. g 6. [The Duties granted by this Aa are expired, but the 1a is revived, 4 Ann. c. 6. Ø 5. for the purposes of that Ad, as to Duties on Coals, c. thereby granted, but which appear to be also expired.]
VII. And for the better levying and raising the said several Commiflioners Duties and Sums of Money by this Act inpoled upon such of of the Customs
to manage there the said Coals and Culm as fhall be imported or brought in from
Duties, &ic. Scotland, or any Parts beyond Sea, as alto upon such of the faid Coals and Culm as shall or may be Mhipped or water-born to be shipped a:id carried by Sea from any Part of the frid Kingdom of Eögland, Dominion of Wales or Town of Beravick upoa Tweed, to any other Part of the same as aforesaid, it is hereby enacted, That the same shall be from Time to Time under the Management and Government of the Commissioners of the Cur. toms for the 'T'ime being, who shall cause these Duties from Time to Time to be raised, levied, collected and paid, so that the Monies arising thereby (except the necessary Charges of receiving, col. lecting, levying and managing the said Duties) fhall be anivered and paid from Time to Time into His Majesty's Exchequer, distinct and apart from all other Branches of the publick Revenues.
VIII. And for the better ascertaining and securing of the said Duties upon Coals and Culm imported from Foreign Parts,
or shipped or water-born to be shipped and carried by Sea from
any Part of England, Wales or Berwick, to any other Part of Duries to he
the same as aforesaid ; Be it further enacted, That the said several paid before Bulk Duties and Sums of Money for such Coals and Culm, shall from broken,
Time to Time, during the said Term of five Years, be answered and paid unto His Majesty, His Heirs and Succeffors, or to such Collector or Person as shall by His Majesty, His Heirs or Successors, or by the said Commissioners of the Customs, or any four or more of them for the Time being, under their Hands and Seals, be thereunto appointed, before Bulk of the Ship or Vessel in which they are imported, brought or carried, shall be broken, or
any of the Coals or Culm therein shall be unladen, and before any and before mea. Meter, Measurer or Weigher in that Behalf appointed or to be [ured or weigh- appointed, shall measure or weigh the fame ; upon Receipt whereof
the Party appointed to receive suci Duties shall, without Delay, Fee or Reward, deliver a Receipt under his Hand, to the Person or Persons who shall pay the said Duty, which Receipt Thall for so much be a fufficient Discharge ; of all which Ships and Vessels, and of the Coals and Culm therein imported or
brought, due Entries shall from Time to Time be made in the Receipts to be
Custom-House, of or belonging to such Port or Place where such given gratis.
Importation shall be made (if any Cullom House be there) or Entry at Cura else in the C:iftom-House of the next Port or Place where such
Importation shall be. And in case any of the said Coals or Culm where imported. so imported, brought cr carried by Sea, shall be unthipped to be If unthipped be. laid on Land, before the Impositions, Duties or Sums aforesaid fore Pury paid. respectively due for the same ihall be paid or secured, that then as .
well the said Coals and Culm so unthipped, as also the Ship or Vessel out of which the same shall be so unthipped, with all her Guns, Tackle, Furniture and Ammunition Mall be forfeited and loft; one Moiety of which Forfeitures shall be unto His Majesty, His Heirs and Successors, and the other Moiety to such Person or Persons as shall seize, sue or inform for the same, to be reco. vered in any of His Majesty's Courts of Record at Wejiminfler, by Action of Debt, Bill, Plaint or Information, wherein no El. soin, Protection, Wager of Law, or more than one Imparlance shall be admitted.
IX. And to the end that the said Impositions and Duties may be duly answered and paid without Fraud or Covin, and for the better levying and Collecting thereof, and for the Discovery of the just Quantities of all sorts of Coals and Culm, from Time to Time sipped or water-born to be shipped or carried by Sea,
imported or unladen as aforesaid ; Be it further enacted by the Commissioners Authority aforesaid, That it shall and may be lawful to and for may appoint
His Majesty, His Heirs or Successors, or to or for any four or Meters, &c. in
more of the said Commissioners of the Customs for the Time the leveral Purts.
being, by Writing under their Hands and Seals, from Time to Time, to assign and appoint, within every or any Port or Place within the said Kingdom of England, Dominion of Wales or Town of Berwick upon Tweed, such and so many Meters, Weighers or Measurers of the said Coals and Culm as shall within the Term aforesaid be imported, brought or landed in such Port
or Place, wherein or for which such Meters, Weighers or Mea. Duty of Meters, furers shall be assigned or appointed as aforesaid, who shall from Time to Time measure and weigh ali such Cuals and Culm so
imported or brought ; and when and as soon as any such Ship or Vessel shall be unladen, shall forthwith deliver a true Certificate in Writing, under his or their Hand or Hands, unto the Person or Persons appointed to receive the said Impofitions or Duties within such Port or Place of the Sorts, Quantities and Numbers of Chalders or Tuns of Coals or Culm respectively, which shall be measured or weighed, and delivered from on board any
such Ship or Vessel, under the Penalty of one hundred Pounds : And Certificate. in case it shall appear by such Certificate, or otherwise, that there was on board any such Ship or Vessel a greater Number of Chalders or Tuns of Coals or Culm, than for which the faid Impositions or Duties hereby imposed shall have been answered and paid as aforesaid, that then in every such Case there shall be paid unto His Majesty, His Heirs and 'Successors, by the Mafter Master or or Owners of such Ship or Vessel, for every Chalder or Tun of Owner concealCoals or Culm fo concealed, over and above the Impofitions and ing Coals & Duties aforesaid, the Sum of ten Shillings, for which, in case of Penalty. Refusal to pay the same, such Ship or Vessel, with the Tackle, Furniture and Apparel thereof, or any Part thereof, shall and may be attached and detained by the Officer or Officers for the Time being, in such Port or Place appointed to receive the said Impositions or Duties, or to measure or weigh the said Coals or Culm, until Payment thereof, and to sell the said Ship or Vellel, Tackle, Furniture and Apparel, or any Part thereof, in case all the said Impofitions, Duties or Payments before mentioned, for the said concealed Coals or Culm, shall not be paid and satisfied, with reasonable Cofts and Charges for such attaching, detaining or selling, rendring the Overplus; which Sale shall be good and effectual in the Law.
X. Provided nevertheless, That if the Importer, upon such Proviso. Certificate delivered in by the Measurer or Weigher, shall within the Space of fix Days after the Delivery of such Ship or Vessel, and before her Departure from that Port or Place, give in his Poft-entry, and satisfy and pay the whole Duty for the Surplusage of the said Coals or Calm, appearing upon the unlading of such Ship or Vefsel, then upon such Payment the Penalty aforesaid Penalty dirshall be discharged.
charge. XI. And for the Manifestation of the Truth, and Certainty in Duty of Officers the Premisses, be it further enacted by the Authority aforesaid, of the several That the Officers to be appointed in each Port and Place for the Ports as to keep
ing true AS receiving of the said Impositions or Duties, and for the weighing and mealuring of the said Coals and Culm shipped, or water-born to be shipped, imported or landed as aforesaid, shall respectively keep one or more Book or Books for every such Port or Place, wherein they shall respectively enter down a true Account of all luch Sums of Money, which shall be paid or received for or upon account of the said Impofitions or Duties, and of all the Payments and Disbursements of the same, and also a true Ac. count of the Numbers of Chalders and Tuns of Coals and Culm so imported, landed and unladen in any such Port or Place, and of the respective Sorts thereof.
XII. And it is hereby further enacted by the Authority Three Months aforesaid, That there shall be allowed to every Master or Owner allowed for Daof any Ship or Vessel three Months Time for the Payment of ties, on
. the Duty imposed by this AA, for such Coals and Culo, from Security.
rol. per Cent. on prompt Payneut.
Regulation where Duty ouice paid.
Time to Time imported, brought or carried by Sea as aforesaid, good and sufficient Security being given for the same, such as the Collector or other Chief Officer of the Port or Place where such Goods shall be imported or brought shall approve of; or if such Master or Owner shall for the same pay present Moncy, there shall be allowed him after the Rate of ien Pounds
per Annum, for such prompt Payment; and if any of the Coals or Culm, for which the D.lty hereby granted Mall be orce paid or secured at the Iimportation or Landing thereof, shall be again exported and carried to any other Place of this Kingdom, there shall be no further Duty by this Act paid or demanded for the fame; and if any of the Coals for which the Duty by this A& shall be once paid or secured as aforesaid, shall be afterwards carried to any Parts beyond the Seas, then an Allowance out of the Over-sea Duties or Repayments, shall be made of so much as was before paid by this Act for the same Coals or Culm.
XIII. Provided also, and be it enacted, That if any Person or Persons shall at any Time be sued or prosecuted for any Thing by him or them done in Execution of this Act, he or they may plead the General Issue, and give this Act in Evidence; and if a Verdict pass for the Defendant, or the Plaintiff be nonfuit, or forbear Prosecution, the Defendant shall have Treble Colts, to be recovered as in other Cases where Costs are given by Law to Defendants.
CA P. XIV.
Chocolate, and Spices, towards Satisfaction of the Debt
CA P. XV.
ferences made by Rule of Court have contributed • much to the Ease of the Subject, in the determining of Con• troversies, because the Parties become thereby obliged to submit • to the Award of the Arbitrators, under the Penalty of Im• prisonment for their Contempt in case they refuse Submiffion:' Now for promoting Trade, and rendring the dwards of Arbitrators the more effectual in all Cases, for the final Determi. nation of Controverfies referred to them by Merchants and
Traders, or others, concerning Matters of Account or Trade, Merchants and or other Matters ; Be it enacted by the King's Most Excellent Traders, &c Majesty, by and with the Advice and Consent of the Lords mare agree that Spiritual and Temporal, ar.d Commons, in Parliament assembled, their Submiftion 2. Alvard may
and by Authority of the same, Thut from and after the eleventh be wade Rule of Day of May, which Mall be in the Year of our Lord One thou.
fund fix hundred ninety eight, it fall and may be lawful for all Merchants and Traders, and others defiring to end any Controversy, Suit or Quarrel, Controverfirs, Suits or Quarrels, for which there is no other Remedy but by perfonal A&tion or Suit in Equity, by Arbitration, to agree that their Submission of their Suit to the Award or Umpirage of any Person or Perlons should be made a Rule of any of His Majesty's Courts
of Record, which the Parties shall choose, and to insert such their Agreement in their Submission, or the Condition of the Bond or Promise, whereby they oblige themselves respectively to submit to the Award or Umpirage of any Person or Persons, which Agreement being so made and inserted in their Submission or Promise, or Condition of their respective Bonds, shall or may, upon producing an Affidavit thereof made by the Witnesses thereunto, or any one of them, in the Court of which the same is agreed to be made a Rule, and reading and filing the faid Affidavit in Court, be entred of Record in such Court, and a Rule shall thereupon be made by the said Court, that the Regulations Parties shall submit to, and finally be concluded by the Arbi- thereupon. tration or Umpirage which shall be made concerning them by the Arbitrators or Umpire, pursuant to such Submiffion; and iu case of Disobedience to such Arbitration or Umpirage, the Party neglecting or refufing to perform and execute the fame, or any Part thereof, shall be subject to all the Penalties of Penalty. contemning a Rule of Court, when he is a Suitor or Defend. ant in such Court, and the Court on Motion shall issue Process accordingly; which Process shall not be stopped or delayed in its Execution, by any Order, Rule, Command or Process of any other Court, either of Law or Equity, unless it shall be Exception made appear on Oath to such Court, that the Arbitrators or Umpire misbehaved themselves, and that such Award, Arbitration or Umpirage was procured by Corruption, or other undue Means.
II. And be it further enacted by the Authority aforesaid, Corrupt ArbiThat any Arbitration or Umpirage procured by Corruption or
tration void. undue Means, thall be judged and etteemed void and of none Effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and published to the Parties; any Thing in this Act contained to the contrary notwithitanding
Clause in an Act of the first Year of the Reign of W.& M.
Seff. 1. c. 27.
CA P. XVII. An A&t for the better Payment of inland Bills of Exchange. :
THEREAS great Damages and other Inconveniencies
do frequently happen in the Course of Trade and Com• merce, by reason of Delays of Payment and other Neglects • on inland Bills of Exchange in this Kingdom ;' Be it therefore enacted by the King's Most Excellent Majetty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled,