in force, ex King Charles the Second, intituled, An act for taking away the any other law court of wards and liveries, and tenures in capite, and by knights of exciie now Service and purveyance; and for fettling a revenue upon his Majesty tended to this in lieu thereof, or by any other law now in force, relating to his act. Majesty's revenue of excife upon beer, ale, or other liquors, are provided, fettled, or established, for fecuring, enforcing, managing, raising, levying, collecting, mitigating, or recovering, adjudging or afcertaining the duties or penalties thereby granted, and for preventing, detecting, and punishing frauds relating thereto (not otherwife altered by this act) fhall be exercifed, practifed, applied, ufed, impofed, levied, recovered, and put in execution, for the fecuring, enforcing, managing, ra:fing, levying, collecting, mitigating, adjudging, afcertaining, recovering, and paying, the duties and penalties hereby granted, and for preventing, detecting, and punishing, frauds relating thereto, as fully and effectually, to all intents and purposes, as if all and every the faid powers, authorities, rules, directions, methods, penalties, and forfeitures, claufes, matters, and things, were particularly repeated and again enacted in the body of this prefent act. XIX. And be it further enacted and declared by the autho- Recovery, rity aforesaid, That all fines, penalties, and forfeitures, impofed mitigation, by this act, not hereby otherwife directed to be recovered, fhall and application of penalbe fued for, levied, recovered, or initigated, by fuch ways, ties in genemeans, and methods, as any fine, penalty, or forfeiture, is or ral, may be recovered or mitigated by any law or laws of excife (not otherwife directed by this act) or by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at leftminster, or in the court of Exchequer in Scotland; and that one moiety of every fuch fine, penalty, or forfeiture, fhall be to his Majefty, his heirs, and fucceffors, and the other moiety to him or them who fhall difcover, inform, or fue for the fame. XX. And be it hereby further enacted by the authority aforefaid, That if any person or perfons fhall be fued, molested, or profecuted, for any thing done by virtue, or in pursuance of this act, such person or perfons shall and may plead the general iffue, General issue. and give this act, and the special matter, in evidence in his or their defence or defences; and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs thall difcontinue his, her, or their action or actions, or be nonfuited, or judgment fhall be given against him, her, or them, upon demurrer, or otherwife, then fuch defendant or defendants fhall have treble cofts awarded to him, her, or them, against any Treble cofts. fuch plaintiff or plaintiffs. 1 Preamble. Leafes and grants made by copy of court roll, or by letters patents or indentures with in 7 years to come, of any offices, lands, or hereditaments, parcel of the dutchy of Cornwall, or annexed thereto, declared to be good against the crown ; fo as fuch leases be not for more than 3 lives, or 31 years; or a term deter minable upon 3 lives at the most : CAP. X. An act to enable his Majesty to make leafes and copies of offices, lands, and hereditaments, parcel of his dutchy of Cornwall, or annexed to the fame; and for other purpofes therein mentioned. W HEREAS his most excellent Majefty now ftands feized of the dutchy of Cornwall, and the poffeffions thereof: and whereas fome doubts may arife in relation to his Majefty's granting leafes, and making copies of offices, lands, and hereditaments, parcel of his faid dutchy, or thereunto annexed or belonging: for obviating whereof, and for the cafe and quiet of the minds of fuch perfons as have taken, or shall hereafter take leafes from his faid most excellent Majefty; and to the end that fuch perfons may be sure to have good and indefeazable eftates, and be encouraged to lay out monies in building and repairing, or otherwise improving the several lands and tenements to them demifed, or to be demifed; be it enacted by the King's moft excellent Majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That all leases and grants, made or to be made, by copy of court roll, according to the cuftom of the refpective manor or manors of the faid dutchy, or thereunto annexed or belonging; and all leafes and grants made, orto be made within seven years next enfuing, by letters patents or indentures, under the great seal of Great Britain or feal of the court of Exchequer, or by copy of court roll, according to the cuftom of the refpective manors, of any offices, meffuages, parks, lands, tenements, or hereditaments (other than honours, lordships, or manors) parcel of the poffeffions of the faid dutchy of Cornwall, or annexed to the same, thall be good and effectual in law, according to the purport and contents of the fame copies, leafes, and grants, against our fovereign lord the King, his heirs, and fucceffors, and against all and every other perfon or perfons that shall at any time hereafter have, inherit, or enjoy, the faid dutchy, by force of any act of parliament, or by other limitation whatsoever. II. Provided always, That every fuch leafe or grant fo made, or to be made, be not for more than one, two, or three lives, or for one and thirty years, or under, or for fome term of years determinable upon one, two, or three lives, and not above; and if fuch leases or grants be made in reversion or expectancy, that then the fame, together with the eftates in poffeffion, do not exceed three lives, or term of one and thirty years, and be not in any wife made difpunishable of wafte; and fo as upon every fuch leafe, or grant be, or fhall be, referved the antient or moft ufual rent, or more, or fuch rent as hath been reserved, yielded, or paid, for the fame manors, lands, or hereditaments, for the greater part of twenty years next before the making of the faid and fo as the leafes; and where no fuch rent hath been reserved or payable, fame be not that then, upon every such lease, there be, or fhall be, referved and if in ex- reverfion; difpunishable of waste; a a reasonable rent, not being under the twentieth part of the clear and the usual be null and void. or, where there none be able rent be referved. The cove nants, &c. in III. And be it further ordained and enacted by the authority aforefaid, That all covenants, conditions, reservations, and other agreements, contained in every leafe, grant, or copy of court fuch leafes or roll, made or to be made, as aforefaid, fhall be good and effec- grants deemed tual in law, according to the words and contents of the fame, good in law. as well for and against them to whom the reverfions of the fame lands, tenements, and hereditaments fhall come, as for and against them to whom the intereft of the said leafes, grants, or copies fhall come, refpectively, as if our fovereign lord the King's majesty, at the time of making fuch covenants, conditions, and refervations, and other agreements, were feised of an abfolute eftate, in fee fimple, in the fame lands, tenements, or here ditaments. IV. Saving always, to all and every perfon and perfons, bo- Refervation of dies politick and corporate, their heirs, and fucceffors, execu- rights. tors, administrators, and affigns (other than to our faid fovereign lord the King, and his heirs and fucceffors; and the duke and dukes of Cornwall for the time being, and his and their heirs; and all and every other perfon and perfons that shall hereafter have, inherit, or enjoy, the faid dukedom of Cornwall, by force of any act of parliament, or other limitation whatsoever) all fuch rights, titles, eftates, customs, interefts, tenures, claims, and demands whatfoever, of what nature, kind, or quality foever, of, in, to, or out of, the faid offices, lands, tenements, or hereditaments, or any of them, as they, or any of them, had or ought to have had before the making of this act, to all intents and purposes, and in as large and ample manner and form, as if this act had never been had or made; this act, or any thing herein contained to the contrary notwithstanding. CAP. XI. An act for taking down and removing the magazine for gunpowder, and Preamble. The powder magazine near Greenwich, to be taken down, or fhall be difabled from treating, the commiffioners are to iffue their warrant to the sheriff of the county, to fummon and return a jury to afcertain the value of the premiffes. Sheriff to attend at the return of the warrant, with his officers, to prove the fummoning the jurors. Jury may be challenged. Sheriff neglecting his duty, may be fined in a fum not exceeding 20l. and juryman in a fum not exceeding 101. Fines to be returned into the exchequer. Where a fufficient jury fhall not appear, the inqueft may be adjourned, and a fresh warrant iffued for returning double the number of jurors making default. Twelve fufficient to take the inqueft. Witneffes may be fummoned, and examined upon oath. Notice to be given of the days appointed for the meeting of the juries. Witnelles refufing to attend, or to give evidence, may be fined in any fum not exceeding 51. Orders and decrees of the commiffioners, and verdicts of the juries, and the judgments thereupon, are to be final and conclufive to all parties. Surveys, orders, judgments, agreements, and verdicts, to be entered at length in proper books; and copies thereof to be ingroffed on parchment, and certified by the commiffioners to the clerk in Chancery, and the remembrancer of the exchequer. Certificates of the purchases to be given by the commiffioners to the proprietors, and bills for the fums due to be made out by the furveyor general of the ordnance; and debentures thereupon to be granted them, with interest after the rate of 41. per cent. per ann. The trustees thereupon deemed to ftand feifed of the premiffes. In cafe of refufal to accept fuch certificates, they may be depofited with the clerk of the peace for Effex, &c. Where the premiffes fhall belong to any corporate body, or to other perfons under a disabilty to take and difpofe of the purchase money, it is then to be paid over to the dep remembrancer for their use. Act 31 Geo. 2. The monies payable by the recited and prefent acts, to corporate bodies, or perfons under a legal disability to receive and apply the fame, to be paid over to the dep. remembrancer; who is to grant certificates for the faine to the owners and proprietors; which are to be filed in the exchequer. The money received by him to be paid into the bank. Barons of the exchequer impowered to make orders for placing out the monies in the funds, and for payment of the dividends thereon, or laying out the principal in other purchases, to be fettled and applied to the fame ufes. All mortgages, ftocks, &c. vefted by this or the recited acts in the deputy remembrancer, to veft, upon his death or removal, in his fucceffor, fubject to the same trufts; and the monies then remaining in his hands to be paid over by his executors, &c. If there thall be no dep. remembrancer, the trufts, &c. under the prefent and former acts, are to veft in the principal remembrancer. The mills at Purfleet to be taken down; and the fleet to be left open; and proper flood-gates to be erected to keep out the fea water, and permit the fresh water to go off with the ebb tides, &c. The fleet to be under the commiffioners of fewers for the levels of Avely and W. Thurrock; but the expences of the repairs, &c. to be paid out of the monies granted for the ordnance fervice. Commiffioners impowered to hear and redrefs grievances of the owners and occupiers of lands; and make fatisfaction for damages. 15,000l. granted out of the fupplies for the year 1760, towards removing the faid magazine, and building a new one. Board of ord. nance to appoint officers for carrying this act into execution. Accounts to be laid before parliament. Charges of this act to be first paid. Limimitation of actions. General iffue. Treble costs. CAP. CAP. XII. An act for adding certain annuities granted in the year one thousand feven hundred and fity nine, to the joint stock of three per centum annuities, confolidated by the alts of the twenty fifth, twenty eighth, twenty ninth, and thirty Second years of his prefent Majesty's reign, and for carrying the feveral duties therein mentioned to the finking fund; and for cancelling fuch lottery tickets as were made forth in pursuance of an act of the thirtieth year of his prefent Majesty's reign, and were not difpofed of. WHEREAS in pursuance of an act of parliament made in the thirty Second year of his prefent Majefty's reign, intituled, Preamble. An act for granting to his Majefty a fubfidy of poundage upon certain goods and merchandizes to be imported into this kingdom; and an additional inland duty on coffee and chocolate; and for raising the fum of fix millions fix hundred thousand pounds, by way of annuities and a lottery, to be charged on the faid. fubfidy and additional inland duty; feveral perfons, bodies politick or corporate, have advanced and lent the fum of fix millions fix bundred thousand pounds, upon the credit of the fubfidy of poundage upon certain goods and merchandizes to be imported into this kingdom, and the additional inland duty on coffee and chocolate, by the faid að granted, for the purchase of annuities, after the rate of three pounds per centum per annum, transferrable at the bank of England, and redeemable by parliament: and whereas an additional capital of fifteen pounds, was by the said act directed to be added to every one hundred pounds advanced towards the faid fum of fix millions fix hundred thousand pounds, amounting to nine hundred and ninety thousand pounds, to be attended with like annuities, after the rate of three pounds per centum per annum: and whereas it is thought necessary that the faid principal fum of fix millions fix hundred thousand pounds, together with the faid additional capital of fifteen pounds added to every one hundred pounds advanced towards the faid fum of fix millions fix hundred thousand pounds, amounting to nine hundred and ninety thoufand pounds, should be (with the confent of the proprietors thereof, to be fignified within the time herein after mentioned) added to, and made a part of, the joint stock of three pounds per centum transferrable annuities at the bank of England; and that the charges and expences in respect thereof, fhould be charged upon, and paid out of, the fund, commonly called The finking fund, until redemption thereof by parliament, in the fame and like manner as the annuities aforefaid are paid and payable; and that the fubfidy of poundage upon certain goods and merchandizes to be imported into this kingdom, and the additional inland duty on coffee and chocolate, which, by the faid act, were made a fund for payment of the faid three pounds per centum annuities, fhould be carried to, and made a part of, the faid fund, commonly called The finking fund: may it therefore please your most excellent Majefty, that it may be enacted; and be it enacted by C 4 the |