and Indian

centum per annum, from the respective times of payment thereof, Capital stock Should be paid; and as to the overplus of the faid fum of three bun- of the African dred ninety eight thousand and eighty five pounds ten fillings, and company alfo the whole encreafe of the faid revenue of customs and excife, above the then values arifing during the term of seven years, with the equivalent which should become due upon improvement thereof, and alfo all other fums, which, according to the aforefaid agreement, should become payable to Scotland by way of equivalent, it was agreed, That Overplus mothe fame should be applied in manner following, viz. that all the nies how appublick debts of the kingdom of Scotland, as fhould be adjusted by the plied. then parliament of Scotland, hould be paid; and that two thousand pounds per annum, for the space of feven years, should be applied towards encouraging the manufacture of coarfe wooll, within thofe fbires which produce the wooll; and afterwards the fame fhould be wholly applied for encouraging the fisheries, and fuch other manufac tures and improvements in Scotland, as may moft conduce to the general good of the united kingdom: and whereas for preventing all miftakes or abufes which might hinder the ready application of the aforefaid money to the proprietors and others concerned in the stock of the African and Indian company of Scotland, conform to the faid article, there was an act made in the last feffion of the laft parliament of Scotland, intituled, Act concerning the payment of the fums out of the equivalent to the African company, wherein it is, amongst other things, enacted, That the directors of the faid African and Indian company of Scotland, fhould make up accounts of the fums advanced by the proprietors of the faid company, and debts due by the faid company, the whole, with intereft due thereon, not exceeding two hundred thirty two thoufand eight hundred and eighty four pounds five billings, and two third parts of a penny sterling, on the first day of May then next, and now paft, and appointed the proprietors for their respective shares to be paid, and to have execution as therein alfo is expreffed; and in like manner by another act of the faid parliament of Scotland, intituled, Act concerning the publick debts, the payments to be made on account of the publick debts of Scotland, are adjusted as in the faid fifteenth article, and two acts above-mentioned, is more amply contained: and whereas the faid fum of three bundred ninety eight thousand and eighty five pounds ten fillings, has been paid for and on the part of England, to the commiffioners of the equivalent in Scotland, purfuant to the aforefaid articles, and confiderable fums have by them been iffued out, conform to the Jame, and the above recited acts of the parliament of Scotland; but by experience it has been found, that fome further direction is yet neceffary for the better application of what remains of the faid fum yet unapplied, and all other fums which are or may become due by virtue of the agreements aforefaid, and for the more effectual attaining the ends mentioned in the faid article of the treaty and acts above recited; therefore her Majesty's most dutiful and loyal fubjects, the commons of Great Britain in parliament affembled, do humbly befesch her Majesty, that it may be enacted; and be it enacted by the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons in

Commiffion

ers of the cuftoms, excise,

&c. to make two abbreviats of the pro

duce of thofe

revenues, &c.

this prefent parliament affembled, and by authority of the fame, That the commiffioners, managers, collectors, or other proper officers of the customs and excife upon all excifeable liquors, and of all other duties and revenues from whence an equivalent may arife to Scotland, according to the agreements contained in the aforefaid treaty, fhall on or before the twenty fourth day of June, one thousand seven hundred and eight, make and fubfcribe two authentick abbreviats of the produce of fuch revenues, with the amount of the several fums which shall be due by way of equivalent, according to the faid agreements, from the commencement of the union, to the five and twentieth day of March, one thousand seven hundred and eight, for the first union to the 25 time, and fo from thence forward half-yearly within three months March, 1708. after expiring of each half year, and fhall tranfmit one of the faid abbreviats to the lord high treasurer of Great Britain, or the commiffioners of the treafury for the time being, and the other to the commiffioners of equivalent in Scotland for the time being.

From the

Lord treasurer on receipt of

fuch abbreviats to order immediate payment, &c.

In what man

ner 7211. 8s.

and five fixths

of a penny fhall be difpoled of.

II. And be it further enacted by the authority aforefaid, That the lord high treasurer, or commiffioners of the treasury aforefaid, upon the receipt of fuch abbreviats, shall and may grant his or their warrants or orders for the immediate payment of fuch fums as fhall be fo found due to the commiffioners of the equivalent for the time being, or to such person or persons as they fhall appoint from time to time to receive the fame, for the purposes in this act expreffed.

III. And whereas by the faid fifteenth and fixteenth acts of the laft feffion of the laft parliament of Scotland, the fum of two hundred thirty two thousand eight hundred and eighty four pounds five fhillings, and two third parts of a penny, is defigned and appropriated for payment of the fums due to the African and Indian company of Scotland out of the equivalent, according to the accounts ordered to be made by the directors of the faid company and alfo whereas the accounts given in by them do fall fhort of the aforefaid sum of two hundred thirty two thousand eight hundred and eighty four pounds, five fhillings and two third parts of a penny, in the sum of seven hundred and twenty one pounds, eight fhillings, and five fix parts of a penny fterling, whereby the fame falls now to be difpofable for other ufes: and whereas the faid directors of the Indian and African company have been put to very confiderable charges in making up the faid accounts, and in employing clerks, and others neceffary for that fervice, which expences do far exceed the three hundred pounds allowed them by the aforefaid fifteenth act; be it therefore enacted by the authority aforefaid, That out of the aforefaid fum of feven hundred twenty one pounds, eight fhillings, and five fix parts of a penny fterling, there be paid by the aforesaid commiffioners of the equivalent to the faid directors or their order, the fum of five hundred pounds fterling; and as to the remainder of the aforefaid fum of feven hundred twenty one pounds, eight shillings, and

five fix parts of a penny fterling, That out of the fame the fum of one hundred and fifty pounds fhall be paid by the faid commiffioners of the equivalent to Mr. Alexander Cunningham, in satisfaction to him of the like fum advanced and paid out by him while he was employed by his late majesty King William, of glorious memory, for negotiating certain publick affair's con+ cerning Scotland; and that the remainder of the faid fum of feven hundred twenty one pounds eight fhillings, and five fix parts of a penny fterling, fhall be applied to the fame uses, and in the manner contained in the said fixteenth act.

IV. And whereas by the faid fifteenth article of union, pro vifion is made for payment of two thousand pounds yearly, for the space of seven years, to be employed towards the encourag ing the manufacture of coarfe wool within thofe fhires which produce the fame: and whereas there having been no direction given, neither by the faid treaty of union, nor by any subsequent act or order of parliament in Scotland, to whom the fame is to be paid, the commiffioners of equivalent have hitherto made no payment of any part of the faid fum fo appropriated; be it therefore enacted by the authority aforefaid, That the Judges of the judges of the court of Exchequer in Scotland for the time being, Exchequer to fhall have full power and authority, and are hereby fully im- diftribute powered and authorized, upon fuch information or advice as to for encouragthem fhall feem most expedient, to make fuch diftribution of ing the manuthe faid money yearly, during the space aforefaid, amongst facture of thofe fhires that produce the faid coarfe wool, in fuch diftricts coarfe wool. or divifions as they fhall think fit, and in fuch proportion as to them fhall feem moft equitable, with power likewife to them to name and appoint certain persons, one or more for each district or divifion, to receive fuch part of the said two thousand pounds yearly, as fhall have been by them allowed and appropriated to fuch district or divifion, whofe receipt or discharge shall be fufficient warrant for the commiffioners of equivalent to pay the fame, with further power likewife to the said judges of the court of Exchequer to establish such rules and orders for difpofing of the money fo received, in fuch manner as they shall think will beft answer the ends and defign for which the fame is granted by the said treaty of union, and to appoint perfons in every diftrict or divifion to overfee and direct the difpofal of the faid monies, and to be accountable to them for fuch their administration.

Scotland.

V. And whereas by the aforefaid fixteenth act of the last fef And make up fion of the last parliament of Scotland, intituled, An act concern the accounts ing publick debts, the lords of her Majesty's treasury in Scotland of the debts of were appointed betwixt this and the first day of May then next, to draw up an account of the faid debts due to the civil lift and army, to be given in to the commiffioners of the equi valent, and to give certificates to the refpective parties having right to any of the faid debts, that by virtue of thofe certificates the parties may be empowered to ufe diligence, and to recover their monies in manner therein directed: and whereas by reaVOL. XI.

fon

All perfons interested in the faid debts, to compear before the

judges at Edinburgh.

And exhibit their claims.

Judges to proceed without delay in making up the ac

counts.

lent.

fon of the great variety and importance of those accounts, and the remiffnefs of the parties having intereft, it has fallen out, That no full or diftinct account has yet been made, pursuant to the said act, and conform to the orders and claffes therein mentioned; be it therefore enacted by the authority aforefaid, That the judges of the court of Exchequer in Scotland for the time being, thall and are hereby impowered to make up lifts according to the faid fixteenth act, and for that end to call for all books, accounts, or other records or writings neceffary for these purposes, and áll havers of fuch writs are ordained to exhibit the fame; and in cafe of refufal, the faid judges are hereby impowered to ufe fuch form of execution or distress, as to them thall feem expedient.

VI. And be it further enacted by the authority aforesaid, That the faid judges fhall by publick proclamation at the market-crofs of Edinburgh, or by any other form of publick proclamation the faid judges thall think fit, intimate to all parties within or without the kingdom, having intereft in any of the publick debts of Scotland before the union, and having right by the faid act of parliament to claim, to compear by themselves, or their lawful procurators or attorneys before the faid judges at Edinburgh, in the ordinary place where the said court of Exchequer meets, at or before any day to be by them therein ap pointed, not shorter than fix months from the date of the publick proclamation at the market-crofs of Edinburgh, and there to exhibit their claims and inftructions, declaring, That the accounts hereby and by the afore recited act of parliament of Scotland appointed to be made, fhall be made up only of fuch claims as fhall be prefented to them within the faid time, and the commiffioners of the equivalent impowered to pay these only who fhall be contained in the faid general account.

VII. And to the end that the aforefaid accounts may be the more fully and regularly made up, and in fuch expeditious manner as may be most useful to all parties concerned, be it also further enacted by the authority aforefaid, That the faid judges fhall proceed without lofs of time or delay whatsoever, to the making up of the aforefaid accounts, according to the Copy to be de- claims and inftructions duly presented and verified: and the livered to the faid general accounts being fo made up, an authentick copy of commiffioners the fame fubfcribed by the faid judges of the Exchequer, thall of the equivabe delivered to the commiffioners of the equivalent, or their fecretary or clerk, and certificates fhall be granted to each of the feveral parties gratis of fuch article of the faid general account as does concern them: which certificate fhall be figned in manner aforesaid, and shall contain the name of the party to whom the debt was originally due, the fum payable, with the lift civil or military upon which the fame is charged, and the clafs and order of preference of fuch debt, according to the faid fixteenth act, and fhall be affignable and transferrable by indorsement. VIII. And be it further enacted by the authority aforefaid, ting to make That fuch perfons as fhall happen to omit to compear and make

Perfons omit

good

the benefit of

good their faid claims before the faid judges of the Exchequer, good their within the time to be by them appointed in manner above di- claims to lofe rected, and fhall thereby lose the benefit of being placed and being placed ftated upon the faid general account, according to which only upon the gethe commiffioners of equivalent are by this act impowered to neral account. make payment as is above more at large expreffed, shall nevertheless be allowed to compear by themselves, or others by them lawfully impowered for that end, before the faid judges of the Exchequer on any lawful day within one year after elapfing of the faid firft day, to be by them appointed, and there to exhibit and make good before them their refpective claims; which But may make claims fo made good, fhall be by the faid judges of Exchequer good their admitted and formed into one fecond general account without claims within diftinction or order of preference whatfoever, to be by them a year after, figned and delivered to the commiffioners of equivalent, as alfo &c. fhall grant certificates transferrable by indorsement, and in the fame manner and form as these upon the first general accounts are hereby directed, payable by the commiffioners of equivalent next and immediately after the whole debts due upon the first two general accounts.

IX. Declaring always, and it is hereby enacted and declared, or for ever afThat fuch perfons as thall neglect to compear and make good ter be exclud their claims, as is above appointed, before elapfing of this fe- ed. cond term hereby granted, fhall for ever after be excluded and debarred from all right, claim or pretenfion they may have for payment to be made to them of fuch their debts out of this or any other equivalent arifing to Scotland by virtue of the treaty of union.

X. And whereas certificates may have been granted by the Certificates lords of treafury to fundry persons, which have not yet been from treasury prefented or paid, and which might occafion confufion if fuch not yet prefented, void. precepts fhould yet remain in force, be it therefore enacted by the authority aforefaid, That all fuch certificates fhall ceafe and become void.

fhall make

payment,

XI. And for the better direction for the commiffioners of the In what man equivalent in payment and application of the monies of the e- ner the comquivalent, be it enacted by the authority aforefaid, That the miffioners of commiffioners of the equivalent fhall be liable in the manner the equivalent prescribed in the aforefaid fixteenth act of the last session of the laft parliament of Scotland, to the several parties having intereft, and in all cases where the faid commiffioners fhall not have fufficient fums of money in their hands for anfwering the whole fum due to any particular order or clafs, be it further enacted by the authority aforefaid, That upon prefenting of any certificate made and figned in manner above directed, and agreeing with the faid general accounts, the faid commiffioners fhall make payment to the parties having right respectively and proportionably, as the fums due to the faid parties have proportion to the whole fum due to the fame clafs, and shall retire the principal certificate, with a receipt on the back thereof, for fuch fum as fhall be then paid, and fhall give forth to the faid

Cc 2

parties