special matter, as the cafe may require, in evidence; and if the fhall recover plaintiff or profecutor become nonfuit, or fuffer difcontinuance, treble cofts. or if a verdict pass against him, her, or them, the defendant or defendants fhall recover treble cofts, for which they shall have the like remedy as in any case where cofts by law are given to defendants.

V. And it is alfo enacted, That this act, and the faid recited acts, shall be deemed and taken for publick acts.

САР. Х.

All the faid acts to be taken as publick acts.

19 Car. 2. c. 3.

An act for rendring more effectual the laws concerning com- 22 & 23 Car. 2. miffions of fewers.

C. 17.

cerning com

HEREAS by the laws now in force concerning commiffions Preamble reof fewers it is provided, That if any perfon or perfons being citing the laws affeffed or taxed to any lot or charge for any lands, tenements, or he- in force conreditaments within the limits of any fuch commiffion, do not pay the millions of faid lot and charge, according to the order and alignment of the com- fewers. miffioners, having power of the execution of the faid commission, that then the faid commiffioners for lack of payment of fuch lot and charge, may decree and ordain the faid lands and tenements from the owner or owners thereof, and their heirs, and the heirs of every of them, to any perfon or perfons, for term of years, term of life, fee-fimple, or feetail, for payment of the fame lot and charge, the faid decrees and ordinances to be executed in fuch manner, as by the faid laws now in force is directed and appointed: and it is thereby provided, That the fame decrees and ordinances fhall bind all and every perfon and perfons, that at the making of the fame decree had any intereft in fuch lands, tenements, and hereditaments, in ufe, poffeffion, reverfion, or remainder, their heirs and feoffees, and every of them; and fhall alfo bind as well the lands, tenements, and hereditaments of the King of England, as all and every other perfon and perfons and their heirs, and fuch their intereft, as they fhall fortune to have in any lands, tenements, and hereditaments, or other cafual profit, advantage, or commodity whatsoever they be, whereunto the faid laws, ordinances, and decrees fhall in any wife extend, according to the true purport, meaning, and intent of the faid laws; but the faid laws of fewers now in force, have been found defective, in that fufficient power and authority is not thereby given to commiffioners of Sewers, to make fale of copyhold or customary lands within the limits of their commiffion for the causes aforefaid; for remedy whereof, be it After 25 enacted by the Queen's most excellent majefty, by and with the March, 1709. advice and confent of the lords fpiritual and temporal, and commissioners of fewers may commons, in this prefent parliament affembled, and by the au- for non-paythority of the fame, That from and after the five and twentieth ment of any day of March, in the year of our Lord one thousand seven hun- lot affeffed on dred and nine, it fhall and may be lawful to and for the com- copyhold miffioners authorized by commiffion from her Majefty, her heirs lands, decree and fucceffors, or any fix or more of them, to put in execution the owners, the laws now in force concerning fewers, for non-payment of &c. any lot or charge affeffed or charged upon any copyhold or customary lands within the limits of their commiffion, and by

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the

the fame from

The faid de

crees to be executed as

decrees concerning free

holds.

of whom hold

customed

lords to admit them tenants.

the power and authority of the faid commiffion of fewers, to decree and ordain the faid copyhold or customary lands fo charged from the owner or owners, and their heirs, and the heirs of every of them, to any perfon or perfons, for fuch eftate and intereft therein, as the faid owner or owners thereof, or any claiming in remainder under them, at the time of fuch decree made, had in the fame copyhold lands, tenements, and hereditaments; the faid decrees to be made and executed, as decrees concerning freehold lands are, by the said laws now in force, to be made and executed.

The buyers of II. Provided always, That all and every perfon or persons, to fuch copyhold whom any fuch fale of copyhold or customary lands or tenements lands to agree (hall be made, fhall before fuch time as they or any of them with the lords fhall enter, or take any profit of the fame lands or tenements, en, for the ac- agree and compound with the lords of the manors, of whom the fame fhall be holden, for fuch fines or incomes, as heretofines, and the fore hath been most usual and accustomed to be yielded or paid therefore; and that upon every such agreement or compofition, the said lords for the time being, at the next court to be holden at or for the said manors, fhall not only grant to fuch vendee or vendees upon request, the fame copyhold or customary lands or tenements by copy of court roll of the faid manors, for such estate or intereft as to them fhall be fo decreed or fold, and referving the ancient rents, customs, and fervices, but also shall in the fame court admit them tenants of the fame copyhold or customary lands, as other copyholders of the fame manors have been wont to be admitted, and to receive their fealty accordingly.

Six of the commiffioners may by war

ftrefs and fale.

III. And be it further enacted and declared, That it fhall and may be lawful to and for the commiffioners of fewers, or any fix rant impower or more of them, by warrant under their hands and feals, to any perfon to give authority to any perfon or perfons, to levy the fums of molevy the affeff-ney by them, from time to time, to be affeffed or taxed upon ments by di- the lands, meadows, marifhes, or grounds, liable or chargeable The overplus with any feffes, taxes, impofitions, or charges, by authority of to be reftored their faid commiffion, by diftrefs and fale of the goods of fuch to the owner. person or perfons that fhall not pay, or refufe to pay the fame; and the overplus of the money arifing upon fuch fale, after deduction of the reafonable charges of making such distress and fale, fhall be restored to the owner or owners of the goods fo diftrained.

CAP.

CAP. XI.

An act for afcertaining and directing the payment of the allowances to be made for or upon the exportation from Scotland, of fish, beef, and pork, cured with foreign falt imported before the first day of May, one thousand seven bundred and feven; and for difpofing fuch falt ftill remaining in the bands of her Majesty's fubjects there; and for afcertaining and fecuring the allowances for fish and flesh exported, and to be exported from Scotland for the future.

WHEREAS

HEREAS certain quantities of white herrings, and of falmon, codfish, beef and pork, cured with foreign falt only, which was imported into Scotland before the first day of May, one thousand feven hundred and feven (at which time the happy union of the two kingdoms of England and Scotland took effect) have been, fince the faid first day of May, one thousand feven hundred and feven, exported from feveral parts of Scotland, fuch herrings, falmon, and codfish refpectively, having been first duly pined, cured, and packed for exportation with the faid foreign falt only, without any mixture of British or Irish falt, according to the laws and acts of parliament formerly made in Scotland, and fill in force in that behalf; and the faid beef and pork having been also first duly falted with the faid foreign falt without mixture, as aforefaid, and exported for fale only; and on the five and twentieth day of March, one thousand feven hundred and nine,certain other quantities of white herrings, falmon, codfish, beef, and pork, do or may remain in Scotland ready to be entred for exportation from thence to parts beyond the feas, being alfo falted with foreign falt imported into Scotland before the faid firft day of May, one thousand Jeven hundred and feven, without mixture, as aforefaid; and such fish being alfo duly pined, cured, and packed, and the beef and pork laftmentioned being likewife intended for fale only: and whereas the fum total of all the allowances claimed for the faid fish and flesh exported, and to be exported from Scotland, fo falted with foreign falt imported before the faid first day of May, one thousand feven hundred and feven, being computed according to the rates unquestionably allowable for the like fish and flesh falted with foreign falt imported into Scotland after the faid first day of May, one thousand feven hundred and feven, will not by eftimation exceed twenty eight thousand four hundred fifty two pounds, nineteen fillings, and seven pence; be it enacted, &c.

I

Fish, &c. cured with foreign falt only, imported before 1 May, 1707. to have the fame allowances as fince the union. Debentures to be prepared for fish, &c. exported fince 1 May, 1707. and before 15 May, 1709. &c. And to be brought to the commiffioners of the customs at Edinburgh, by 15 July, 1709. Not to exceed 28,452l. 19s. 7d. Treasury to issue money for payment to Sir Patrick Johnson, &c. EXP.

any

to be allowed fish or till oath, &c.

V. And for preventing frauds, be it enacted, That no de- No debenture bentures for any allowances to be made by law for flesh exported, or hereafter to be exported from Scotland (the debentures for the faid allowances not exceeding the said sum of

113

twenty

How the allowances for

the future fhall be ascertained.

twenty eight thousand four hundred fifty two pounds, nineteen fhillings, and feven pence, for fifh and flesh cured with foreign falt imported from Scotland before the union, as aforefaid, only excepted) fhall be prepared or allowed until fuch oaths be made and taken, which the proper officers have hereby power to adminifter; and all fuch other matters and things be done and performed for preventing of frauds to her Majefty's prejudice, as by any law or ftatute now in force in England or Scotland are to be made, taken, done, or performed for preventing frauds in the like allowances for the like kinds of fish and flesh refpectively; and all laws now in force in England or Scotland, for preventing any frauds upon the importation and exportation of fifh and flesh, for which the faid allowances are to be made by law, fhall be in force, and extended to Scotland.

VI. And whereas certain quantities of fuch foreign falt imported into Scotland before the faid first day of May, one thousand feven hundred and feven, doth ftill remain in the hands of feveral of her Majefty's fubjects there, not having been employed in the curing of fish or flesh, or otherwife howsoever, which falt in hand doth not, by computation, exceed in the whole fifty one thousand seven hundred Seventy feven bufbels, reckoning eighty four pounds weight to the bushel; it is hereby further enacted, &c.

Such foreign falt in hand to be weighed by the falt officer by 1 June, 1709. and certified to the commiffioners by 15 July, 1709. Not to exceed 51,777 bufhels. Stock in hand not delivered, forfeited. Salt fo delivered to be cellar'd, &c. Treafury to iffue money for payment at 9s. per bufhel, to Sir Patrick Johnson, &c. Sir Patrick Johnson, &c. to have 2d. per pound. EXP.

X. And for the better afcertaining and fecuring all fuch allowances as by law ought to be made for any fifh or flesh exported, or hereafter to be exported from Scotland, which have been or fhall be duly falted and cured only with foreign falt imported fince the said first day of May, one thousand seven hundred and feven, or hereafter to be imported into Scotland, and for which her Majefty's duties payable by the act of union, have been, or shall have been first duly paid or fecured; be it further enacted by the authority aforefaid, That all fuch allowances (not being already satisfied) fhall be paid by the officer appointed to collect the duties upon falt payable in Scotland, out of the fame duties arifen or to arife in the fame port from whence any fuch fish have been or fhall be exported, within thirty days after demand thereof, on a debenture to be prepared by the collectors of the customs in the port where fuch fish or fleth have been or fhall be entred out for exportation, and verified by the perfon executing the office of fearcher in fuch port, as to the quantity of fish or flesh actually fhipt, and that the oath of the exporter or agent be first taken before the principal officers of the faid port, before the debenture be allowed, who are hereby required and impowered to give the faid oath, that the fifh in every fuch debenture mentioned, were caught by her Majefty's fubjects, inhabitants of Great Britain, and that the fish and fleth in fuch debenture

debenture mentioned, were really exported to parts beyond the feas for fale, and not intended to be relanded in Great Britain, and were duly cured only with foreign falt imported into Scotland after the faid first day of May, one thousand seven hundred and feven, without any mixture of British or Irish falt, and that her Majesty's duties for fuch imported falt fhall have been duly paid or fecured, all which particulars fhall be specified in fuch debentures refpectively, for which debenture or debentures no fee or reward fhall be taken; and in cafe the officer hereby directed to pay fuch debenture, fhall not have fufficient money in his hands to pay the fame, then fuch officer and officers fhall give a certificate in writing thereof, without fee or charge, to the exporter or his agent, to be directed either to the commiffioners of the customs, or the commiflioners of excife in Scotland, at the option of the faid exporter, or his agent, and upon producing fuch certificates, together with the debenture or debentures fo certified, to the commiffioners of the customs, or the commiffioners of excife for the time being, to whom fuch certificate shall be directed, fhall caufe fuch debenture or debentures fo certified, to be paid and fatisfied without fee or charge, in course, out of any her Majefty's duties arifing upon falt in Scotland, or out of the said revenues of cuftoms and excife in Scotland, or any of them, which are hereby charged therewith, and made liable thereunto, out of the first monies arising by the said revenues respectively, and with preference to all other payments whatsoever to be made out of the fame; the charges of raifing and managing those re- By 10 Anne, venues, and the fees, falaries, and other charges allowed, or to c. 26. f. 108. be allowed by her Majefty, her heirs or fucceffors, for keeping These falaries up the court of feffion and jufticiary, and the Exchequer court are chargeable in Scotland, always excepted, and foreprized; any law, ftatute, and excife, &c. or ufage to the contrary in any wife notwithstanding; and any officer or officers, commiffioner or commiffioners, to whom it may belong to certify or pay any fuch debenture or debentures, refufing or neglecting to do his or their duty therein, as is hereby directed, fhall forfeit double the fum fo to be paid, to the party grieved, to be recovered in the Exchequer of Scotland, as aforefaid.

on the customs

XI. Provided always, That nothing in this act contained shall Not to charge extend to charge any part of, or leffen directly or indirectly the the overplus overplus of the cuftoms of Scotland, exceeding the fum of thirty of the customs thousand pounds per annum, mentioned in the fifteenth article of excife in of the faid union, or any part of the overplus of the excife of Scotland, exceeding the fum of thirty three thousand five hundred pounds per annum, mentioned in the fame article; any thing herein contained to the contrary notwithstanding.

CAP. XII.

An act for preferving the privileges of ambassadors, and other publick minifters of foreign princes and ftates.

W

Scotland.

HEREAS feveral turbulent and diforderly perfons having Preamble, rein a most outragious manner infulted the perfon of his excel- citing that the

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Czar's am