Sea stock. names to the King William the Third, fhall be fatisfied and paid, according to the Thefe annuities directions therein contained, and fubject to the power of redemption were fubcribed therein mentioned, as by the faid feveral acts, relation being thereunto to the South had, more at large may appear: now for the better and more regu- 6 Geo. 1. c. 4. lar paying and affigning the faid annuities, after the rate of three pounds per centum per annum, be it enacted by the Queen's most Auditor to excellent majefty, by and with the advice and confent of the certify perfons lords fpiritual and temporal, and commons in this prefent par-lord-treasurer liament affembled, and by the authority of the fame, That the that are intiauditor of the receipt of her Majefty's Exchequer, for the time tled to annuibeing, fhall with all convenient fpeed, fearch the books and ties at 31. per entries in his office, and from thence, or from the original let- cent. per ann. ters-patents, affignments, or other affurances to him to be produced, fhall make a certificate to the lord high-treasurer, or commiffioners of the treasury, for the time being, of the names of the several and refpective perfons that are or fhall be then intitled to the said annuities after the rate of three pounds per centum per annum refpectively, expreffing the principal fums due, and the annuities, after the rate aforefaid, payable to the faid owners or proprietors refpectively. I d. in the pound fees. II. And be it further enacted by the authority aforefaid, That Every perfon the faid refpective perfons fhall have one or more standing war- to have a warrants, and orders (the faid orders to be made forth upon parch- rant for payment or vellum, paying the ufual fees; and no more, which ment, paying fees shall not exceed one peny, for every twenty fhillings by the year, or after that rate) for the payment of fuch annuity or annuities so to be certified to be paid to them refpectively, and to their respective executors, adminiftrators and affigns, until the fame fhall be redeemed, as aforefaid, out of the monies of the faid weekly-payments, to arife by or from the faid hereditary duties of excife; the faid payments of the faid annuities to be made Payments to quarterly; the first payment to be made on the twenty-feventh be made quarday of March, which fhall be in the year of our Lord, one thou- terly. fand feven hundred and fix; which said orders fhall be figned Orders to be by the treasurer and under-treasurer of the Exchequer, or any figned by the three or more of the commiffioners of the treasury for the time being; and after the figning the faid orders, and every of them, the fame shall be firm, good, valid and effectual in law, according to the purport and true meaning thereof, and of this present act, and shall not be determined by or upon the death or removal of any treasurer or under-treasurer of the Exchequer, or any commiffioner or commiffioners of the treasury, or by or upon the determination of the power, office or offices of them, or any of them; nor fhall any lord high-treafurer of England, treafurer of the Exchequer, or any commiffioners of the treafu lord-treafu rer, &c. ry, now or for the time being, have power to revoke, counter- Such orders mand or make void fuch orders fo figned, as aforefaid, or any not to be made of them. III. And be it further enacted by the authority aforefaid, That it fhall and may be lawful to and for the perfon and perfons, that are or fhall be intitled to the faid annuities respectively, E 4 and void. cable, fo as thereof. Annuities and his, her and their respective executors, adminiftrators, or may be affign- affigns, by writing under his, her or their hand and feal, or by ed or devifed, his, her or their last will and teftament in writing, to affign or devife fuch annuity or annuities, or any part thereof, or any interest therein, to any perfon or perfons whatsoever, and fo toties and not revo- quoties; and no fuch aflignment by deed to be revocable, fo as entry be made any entry or memorandum of such affignment or will be made, in books to be kept for that purpose, in the faid office of the auditor of the receipt, within the fpace of three months after fuch affignment or probate of the will; and that upon producing of fuch affignment or will, or probate thereof, at the faid office of the auditor of the receipt, to be entred, as aforefaid, the party fo producing the fame, fhall bring therewith an affidavit taken before fome perfon authorized to take affidavits in caufes depending in any of the courts at Westminster, of the due execution Affidavits to of the faid affignment, or figning, fealing and publishing of the faid will, which affidavits fhall be feverally filed in the faid office; which faid entry or memorandum, the officers in the said receipt of the Exchequer are hereby required to make accordingly, and to file the affidavits, taking for the entring of every fuch affignment or devife, and filing the faid affidavit, the fum of one fhilling, and no more: and in default of fuch affignment or devife by deed or will, the annuity of fuch perfon or perfons fhall upon his death, go to his or her executors or administrators. Affidavit. be filed. Fee. Annuities free from taxes, and to be as a perfonal eftate and not de fcendable to heir. Officers in the IV. And be it further enacted by the authority aforefaid, That the faid annuities fhall be free from all taxes, charges and impofitions whatsoever; and that all and every perfon and perfons who fhall be intitled to any of the faid annuities, to be comprized in fuch order or orders to be figned, as aforefaid, after the figning of the said orders refpectively, fhall be poffeffed thereof as of a perfonal eftate, and the fame fhall not be defcendable to the heir. V. Provided always, That the officers in the receipt of her Exchequer to Majefty's Exchequer, for the labour and pains of themselves and take 2d. in the their clerks in the payment of the faid annuities, fhall or may pound. (in lieu of their fees) take and receive after the rate of two pence in the pound, and no more, to be divided amongst them in fuch proportion as their lawful fees are to be divided; any thing in this, or the faid former acts, contained to the contrary notwithstanding, their wives, Persons intiVI. Provided always, and it is hereby enacted, That fuch tled to annui- ftanding warrants and orders to be made, as aforefaid, of any ties in right of of the faid annuities, or any part thereof, wherein any perfon not to difpofe on the eleventh day of March, in the year of our Lord, one of fuch annui- thousand seven hundred and three, fhall be intitled in the right ties, unless the of his wife, fhall be made out jointly in the names of fuch perwife be a party fon and his wife; and that no perfon or perfons intitled, as to the aflign- aforefaid, to any of the faid annuities, or any part thereof, in the right of his wife, fhall be capable to fell, or any ways to difpofe thereof, at any time during their coverture, without the free and voluntary confent of his wife firft had and obtained, inent. teftified teftified by her being a party to fuch affignment, and figning and fealing the fame; and fuch perfon who fhall make oath of the due execution of fuch affignment, as above directed, fhall alfo make oath of the wife's confent thereunto, before fome perfon authorized to take affidavits, as aforefaid; and the affidavit to be filed in the faid auditor's office. VII. Provided alfo, That where any perfon is or fhall be in- Divers annuititled to many or divers of the faid annuities, and shall be de- ties may be firous to have the fame comprehended in one order, upon figni- comprehendfication thereof in writing, under the hand of fuch perfon, the ed in one order, and reorder shall and may be drawn and figned accordingly, for feveral duced into annuities to be reduced into one yearly fum by one and the one yearly fame order; any thing in this act contained to the contrary not- fum. withstanding. CAP. XVI. C. 25. An act for the discharge out of prison fuch infolvent debtors as shall serve Annæ, stat.. or procure a perfon to ferve, in her Majefty's fleet or army. Juftices of peace, on petition of poor prifoners for debt, may fummon the EXP. creditors before them, and alfo the gaoler. Prisoner to take an oath. Creditor to fhew caufe why prifoner fhould not be difcharged. In case prisoner be detained, creditor to allow him 4d. per day, and if no estate appear in three months, juftises may discharge the perfon of prifoner, but the debt not thereby difcharged, and judgment against prifoner's lands, &c. to ftand good. Perfons difcharged, and again arrefted, on fhewing a duplicate of their discharge fhall again be difcharged. Perfon of prifoner for ever free. Penalty on theriff, &c. difobeying juftices fummons. Prifoners before discharge fhall declare on oath what effects or debts are belonging to them. A fchedule thereof to be made. Creditors may fue for fuch debts in prifoner's name. Perfons difcharged, freed from chamber rent and gaoler's fees, &c. Prifoners wearing apparel, tools in trade, &c. not liable to attachment. No perfon to be difcharged who is indebted more than 100l. to one person: nor from his imprisonment, unless he lift himself in the Queen's fervice, or procure one in his stead. Penalty on perfons convicted of wilful perjury. CAP. XVII. An act for the better charging feveral accountants with intereft monies by them received and to be received. WHEREAS by an aft of the twelfth year of the reign of bis 12 W. 3.c. 11. late King William the Third, for granting to his EXP. Majefty feveral duties upon low wines, or fpirits of the first extraction, and for continuing feveral duties therein mentioned, provifion is made, that the refpective treasurers of the navy, and paymasters of the land forces, and the officers in the fubordinate offices therein mentioned, fhould be chargeable with the intereft monies by them or their agents refpectively received upon tallies and orders for monies imprefted to them feverally, during the late war against France, or at any time before the making of the faid act, in the manner and form thereby prefcribed; and that every fuch charge should be examined by the entries and vouchers in the receipt of the Exchequer, before the respective account or accounts of the faid treasurers, paymasters, or other officers fhould be declared; and by an act of the first year of her Majefty's reign, intituled, An act for making good deficiencies, and for preferving the publick credit, it was enacted, That the respective 1 Annæ, ft. 1, C. 13. refpective accounts of any the faid treasurers, paymasters, or other officers, of the monies by them received for the fervice of the faid navy, forces, and for fervices in the faid fubordinate offices, fhould and might be declared and finished, according to the ancient usage and methods of the Exchequer, fo as before the declaring of the laft accounts of the monies by them feverally received, as aforesaid, for the faid refpective fervices, all the faid intereft monies be duly examined and charged, as the faid former act directed, as by the faid feveral alts may more fully appear: and whereas it appears, that the auditor of the faid receipt of Exchequer doth or can charge accountants, as aforefaid, with intereft monies by them or their agents received, upon tallies or orders that are fatisfied and difcharged in the faid receipt; but it is difficult to charge fuch accountants with interest money upon fuch of the faid tallies or orders, as are standing out and unfatisfied, and it is utterly impoffible for him to charge upon fuch accountants the interest hereafter to be paid upon any fuch unfatisfied tallies and orders, until the principal thereupon comes in courfe of payment, and the faid tallies and orders, be brought to the faid receipt to be discharged, and it will be a great detriment to her Majefty's fervice, in cafe the final accounts of the faid refpective treasurers, paymafters, and other fubordinate officers (which contain large fums of money, and may have many Supers depending thereupon) Should be deferred until all the faid orders and tallies be fully dif charged; To obviate which mischief, be it enacted, &. Auditor to proceed in examining the feveral intereft accounts pursuant to the act 12 & 13 W. 3. c. 11. and furcharge the intereft monies omitted. Lord treasurer, &c. on fuch charge may proceed in finishing the accounts of the treasurers and paymatters of the navy, forces, &c. Auditor to examine the accountant's interest accounts, and certify the fums which ought to be furcharged for intereft money. Certificate a legal charge against fuch accountant. In cafe it appears that intereft money charged on accountant was paid over to creditor, &c. accountant to be allowed for fo much. Salaries of the army commiffioners to be made without account, CAP. XVIII. An alt for the further explanation and regulation of privilege of parliament in relation to perfons in publick offices. WH HEREAS it is most just and reasonable, that perfons employed in offices and places of publick truft, should at all times be accountable for any misdemeanors therein, and the_publick juftice of the realm requireth a vigorous profecution of fuch offenders: To the end therefore that your Majefty's good fubjects may not lie under any doubts or difcouragements, whereby fuch profecutions might be prevented or delayed; may it please your most excellent Majesty that it may be enacted; and be it enacted by the Queen's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the Action may be authority of the fame, That any action or fuit fhall and may profecuted a- be commenced and profecuted in any of her Majefty's courts at gainst any off Westminster, against any officer or perfon intrufted or imployed venue, or any in the revenue of her Majefty, her heirs and fucceffors, or cer of the re any any part or branch thereof, or any other office or place of other place of publick truft, for any forfeiture, misdemeanor, or breach of publick trust, truft, of, in, or relating to fuch office or place of truft, or any for any misdepenalty imposed by law to enforce the due execution thereof; meanor, &c. and that no fuch action, fuit, or any other procefs, proceeding, to be stayed on judgment, or execution thereupon, although fuch officer or pretence of perfon fhall be a peer of this realm, or lord of parliament, or privilege of one of the knights, citizens, or burgeffes of the houfe of parliament. commons, or otherwise intitled to the privilege of parliament, fhall be impeached, stayed, or delayed by or under colour or pretence of any privilege of parliament. commons. II. Provided nevertheless, and be it further enacted by the Act not to authority aforefaid, That nothing in this act fhall extend to fubject the fubject the perfon of fuch officer, being a peer of this realm, perfon of peer to imprisonor lord of parliament, to be arrested or imprisoned; but that ment: all process fhall iffue against such officer or perfon, being a peer Nor member of this realm, or lord of parliament, as should have iffued against of the house of him out of the time of privilege: nor fhall extend to fubject the person of such officer, being a knight, citizen, or burgefs of the house of commons, to be arrested or imprisoned, during the time of privilege of parliament; and that against such officer, or other person, being a knight, citizen, or burgefs of the house of commons, intitled to privilege, fhall be iffued fummons and diftrefs infinite, or original bill, fummons, attachment, and diftrefs infinite, which the faid refpective courts are hereby impowered to iffue in fuch cafe, until the party fhall appear upon fuch process according to the course of fuch respective court, CAP. XIX. An act for raising recruits for the land forces and marines, and for dif- E XP. penfing with part of the act for the encouragement and increase of Thipping and navigation, during the prefent war. CAP. XX. An act for punishing mutiny, desertion, and false musters, and for better EXP. Officers or foldiers, who thall mutiny or defert, to fuffer death. General to call courts martial for punishing offenders. Court martial to confift of 13 commiffion officers. Officer or foldier not to be exempt from the ordinary process of law. Act not to extend to the militia forces. Every officer at a court martial to take an oath. Nine officers to concur in giving fentence of death against offender. No trial to be but between eight and one. Penalty on perfon making falfe certificate to excuse foldier from mufter. Penalty on officer making falfe mufter. Commiffary to give notice of the mufter to the mayor, &c. mayor, &c. to be prefent at mufter. No mufter roll to be allowed, unlefs figned by mayor, &c. Penalty on perfon falfly mustered. Horfe muftered not belonging to the troop forfeited, &c. Penalty on paymaster, &c. deraining officers or foldiers pay, &c. officer to bring a certificate of men fick or absent. Penalty on officer mustering fervants, &c. 31 Car. 2. c. 1. Officers and foldiers may be quartered in inns, livery ftables, &c. Penalty on quartering officers or foldiers in private houses, &c. Juftices to fet rates for all neceffary provifions for foldiers in their march. Penal. ty on officer taking money to excufe the quartering of foldiers. No paymaster, &c. to deduct fees out of officers or foldiers pay, &c. Offi cer, |