c. 3. perry, which in and by one act of parliament made and paffed in the twelfth year of the reign of her late majesty Queen Anne, of bleffed memory, intituled, An act for granting to her Majefly duties upon malt, mum, eyder and perry, for the fervice of the year one thousand feven hundred and thirteen; and for making forth duplicates of lottery tickets, loft, burnt, or deftroyed; and for enlarging the time for adjusting claims in feveral lottery acts; and to punish the counterfeiting or forging of lottery orders; and for explaining a late aft in relation to ftamp-duties on customary estates which pass by deed and copy, were granted to her Majefty, or chargeable in manner therein mentioned, until the twenty-fourth day of June one thousand seven hundred and fourteen, and which by another act of parliament made and paffed in the twelfth year of the 12 Ann. ftat. 2. reign of her faid late Majefty, intituled, An act for charging and continuing the duties upon malt, mum, cyder and perry, for the fervice of the year one thousand feven hundred and fourteen; and for the encouragement of the distilling brandy from malted corn and cyder; and for making forth duplicates of Exchequer bills, and lottery tickets, loft, burnt, or deftroyed; and to enable the governor and company of the bank of England, and others, to lend money upon South-Sea flock, were continued until the twenty-fourth day of June in the year of our Lord one thousand feven hundred and fifteen, fhall be further continued in like manner, and fhall be, and are by this act charged, for and upon all malt which shall be made, and all mum which fhall be made, or imported, and all cyder and perry, which fhall be made for fale within the kingdom of Great Britain, from and after the three and twentieth day of June in the year of our Lord one thoufand feven hundred and fifteen, and before the four and twentieth day of June which fhall be in the year of our Lord one thousand feven hundred and fixteen; and fhall be raifed, levied, collected and paid unto his Majefty, his heirs and fucceffors, during the term aforefaid, by the fame ways, means and methods, and by fuch rules and directions, and with fuch allowances and repayments, and under fuch penalties and forfeitures, and with fuch power of mitigation, and other 'powers, and in fuch manner and form, in all refpects, as are prefcribed, mentioned and expreffed in the faid former acts, or in any other act or acts of parliament thereby referred unto, or any of them, for or concerning the faid duties, or any of them; and that the fame acts formerly made and paffed, and the faid other acts thereby referred unto, as to, for and concerning the faid duties upon malt, mum, cyder and perry, and every article, rule, claufe, matter and thing, in them, and every or any of them contained, or thereby referred to, and now being in force, fhall be of full force and effect, to to all intents and purposes, for raifing, levying, collecting, fecuring and accounting for the fame rates, duties and impofitions hereby granted or continued, and for levying and recovering the penalties and forfeitures, and making any mitigations or allowances, and all other matters and things, during the continuance Duties to be railed as by the former acts. of of this act, as fully, as if the fame were particularly and at large repeated in the body of this present act. This act to relate to the fame day and time as the former act. A regifter to be kept, for transferring the principal fums, &c. due on the mait act 1713, to the regifter of this act. Claufe of loan at 41. per cent. Money, lent not to be taxed. Orders for payment affignable. VIII. And whereas by the aforefaid acts it is enacted, That every Duty to be malfier, or other maker of malt, hall, within three months after he paid within fball make or ought to have made fuch entry of the faid malt, as therein four months is directed, pay and clear off all the duties which shall be due from him after entry. or them refpectively; it is hereby further enacted, That the time limited by the aforefaid act for the payment of the faid duty, be prolonged for one month after the faid three months from the time of fuch entry. Claufe for making forth duplicates of Exchequer bills and lottery tickets," loft, burnt or destroyed. Claufe for enlarging the time for adjufting claims in feveral lotteries. Claufe for making forth new orders in lieu of obliterated or defective orders in the claffis lottery 1711. XIII. And whereas it has lately been difcovered, that great quantities of unmalted corn or grain have fraudulently been mixed with and amongst malt, which hath or ought to have been charged with the duties by feveral acts of parliament fet and impofed upon all malt made in Great Britain, and that fuch mixture bath afterwards been either fold in the kingdom of Great Britain, or hath been shipped off for exportation, and the perfon or perfons by whom, or for or upon whofe account the fame hath been fo fhipped off, hath or have thereupon claimed and had the drawback and bounty in proportion to the whole quantity of fuch mixture fo fhipped off, as if the fame had totally and intirely confifted of malt, for which the duty had been duly paid or charged, whereas in truth great part thereof hath at fuch time and times confifted either of unmalted corn, or grain for which the duty on malt had never been paid or duly charged, whereby her late majesty Queen Anne, and bis prefent Majefty hath been very much defrauded in the duty granted upon malt, and the perfons who have bought fuch mixture, have by the means aforefaid, been very much deceived and impled upon; for remedy whereof, be it enacted by the authority Unmalted aforefaid, That if any malfter or maker of malt for fale or ex- grain mixed portation, or other feller of or dealer in malt for fale or exportation, at any time after the twenty-fourth day of June one thousand feven hundred and fifteen, fhall or do, with malt made of any fort of corn or grain whatsoever, fraudulently mix or caufe to be mixed any unmalted corn or grain, or fhall fell, or offer to fell, or expofe to fale any fuch mixture, or fhall fhip off, or put on board, or cause to be shipped off, or to be put on board, or fhall offer or attempt to fhip off or put on board any fhip, hoy, barge, boat, or other navigable veffel, any fuch mixture, in order to export the fame, every fuch malfter or maker of malt, or other feller of or dealer in malt, for every bushel of fuch mixture fo fold or offered to be fold, or expofed to fale, or with malt, forfeits 5s. a bufhel. fo Malfter obftructing officer, forfeits Iol. Fines, &c. how to be levied. General issue. Duties on hops continued till fo fhipped off or put on board, or offered, or attempted to be fhipped off, or put on board any ship, hoy, barge, boat or other navigable veffel, in order to the exportation thereof, fhall forfeit and lose the sum of five fhillings. XIV. And be it further enacted by the authority aforefaid, That if any malfter or maker of malt for fale, fhall, after the faid twenty-fourth day of June one thousand seven hundred and fifteen, prevent, obftruct or hinder any officer or officers of excife, in the due execution of any of the powers or authorities given to him or them by this act, or by the faid recited act or acts, or any or either of them, for the ascertaining and securing the faid duties, hereby or by the faid recited act or acts, or any or either of them, granted, the perfon or perfons offending therein fhall, for every fuch offence, forfeit and lofe the sum of ten pounds. XV. And be it further enacted by the authority aforesaid, That all fines, penalties and forfeitures by this act imposed, fhall be fued for, levied and recovered, or mitigated by fuch ways, means and methods, as any fine, penalty or forfeiture, is or may be recovered or mitigated by any law or laws of excife, or by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster, or in the court of feffion, court of justiciary, or court of Exchequer in Scotland respectively; and that one moiety of every fuch fine, penalty and forfeiture fhall be to his Majefty, or his heirs and fucceffors, and the other moiety to him that shall discover, inform or fue for the fame. XVI. Provided alfo, and it is hereby further enacted by the authority aforesaid, That if any perfon or perfons fhall at any time or times be fued or profecuted for any thing by him or them done or executed in purfuance of this act, or of any matter or thing in this act contained; or if any perfon or perfons now is, or hereafter fhall be fued or profecuted for any matter or thing by him or them done in pursuance of any former act or acts for granting duties upon malt, mum, cyder and perry; fuch perfon or perfons fhall or may plead the general iffue, and give the special matter in evidence for his or their defence; and if upon the trial a verdict shall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall become nonfuited, then fuch defendant or defendants fhall have full cofts to him or them awarded against such plaintiff or plaintiffs. XVII. And whereas by an act of the ninth year of the reign of ber late majesty Queen Anne, intituled, An act for laying a duty upon hops, a duty of three pence for every pound weight Averdupoiz is laid upon all hops, which at any time or times within or during the term of four years, to be reckoned from the first day of June one thousand feven hundred and eleven, shall be imported or brought into the kingdom of Great Britain, (over and above all other customs, fubfidies, and duties impofed upon or payable for the fame) and for and upon all hops growing or to grow in Great Britain, which at any time or times within or during the faid term of four years, fball be cured cured and made fit for use, the sum of one penny for every pound weight Averdupoiz, and after that rate for a greater or lesser quantity, which act is thought convenient to be further continued: "be it therefore enacted by the authority aforefaid, That the said act, and every claufe, article, matter, and thing therein contained, fhall continue and be of force from the thirty-first day of May in the year of our Lord one thousand seven hundred and fifteen, until the first day of Auguft in the year of our Lord one thoufand seven hundred and fifteen, as fully and effectually, to all "intents and purposes, as if the fame were herein particularly and at large repeated and re-enacted. CA P. III. An act for the better regulating the forces to be continued in his Majesty's fervice, and for the payment of the said forces, and of their quarters. E X P. CAP. IV. An att to explain the alt made in the twelfth year of the 12 & 13 W. 3. reign af King William the Third, intituled, An act for c. 2. the further limitation of the crown, and better fecuring the rights and liberties of the subject. W I. HEREAS by an act of parliament made in the twelfth year of the reign of our late fovereign lord King William the Third, intituled, An act for the further limitation of the crown, and better fecuring the rights and liberties of the fubject, it is amongst other things enacted, That from and after the time that the further limitation of the crown by that act should take effect, no perfon born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging, although he be naturalized or made a denizen, except fuch as are born of English parents, fhould be capable to be of the privy council, or a member of either houfe of parliament, or to enjoy any office or place of truft, either civil or military, or to have any grant of lands, tenements, or hereditaments from the crown, to himself or to any others in truft for him: and whereas fome doubts have arifen concerning the conftruction of the faid law; be it declared and enacted by the King's most excellent majesty, by and with the advice and consent of the lords fpiri- No person natual and temporal and commons, in parliament affembled, and turalized before his Maby the authority of the fame, That it was not the intent and jesty's accefmeaning of the faid act, that the faid claufe or any thing therein fion to the contained, fhould extend, nor fhall the faid claufe be conftrued, crown incapa adjudged, or taken to extend to disable or incapacitate any per- citated to be a fon, who at or before his Majesty's acceffion to the crown was fellor, or a privy counnaturalized, to be of the privy council, or a member of either member of house of parliament, or to take or enjoy any office or place of parliament, or truft, either civil or military, or to take or have any grant of to have any office of truft, lands, tenements, or hereditaments from the crown, to himself, or any other in trust for him. II. And for the better preferving the faid recited claufe in the faid No perfon act of the twelfth year of the late King William the Third, entire thall hereafter grant of lands, &c. and be natura lized, unless in the bill and inviolable; be it further enacted by the authority aforefaid, That no perfon fhall hereafter be naturalized, unless in the bill there be fuch a difabling exhibited for that purpofe there be a claufe or particular words claufe inferted, inferted to declare, that fuch perfon fhall not thereby be enabled to be of the privy council, or a member of either house of parliament, or to take any office or place of truft, either civil or miNor fhall any litary, or to have any grant of lands, tenements, or hereditabill be received ments from the crown, to himfelf, or any other person in trust in either house for him; and that no bill of naturalization fhall hereafter be reof parliament without fuch ceived in either house of parliament, unless such clause or words be firft inferted or contained therein. claufe. 13 H. 4. c. 7. 2 H. 5. c. 8. Stat. 2. C. 9. 8 H. 6. c. 14. c. 13. 7. 9 H. Pl, Cr. 197. after com CAP. V. An act for preventing tumults and riotous affemblies, and for the more speedy and effectual punishing the rioters. I. HEREAS of late many rebellious riots and tumults have been in divers parts of this kingdom, to the difturbance of the publick peace, and the endangering of his Majesty's perfon and government, and the fame are yet continued and fomented by perfons difHale's Hift.Pl. affected to his Majefly, prefuming fo to do, for that the punishments Cr. 292. 494. provided by the laws now in being are not adequate to fuch heirous of2 Hale's Hift. fences; and by fuch rioters his Majefty and his adminiftration have been moft maliciously and falfly traduced, with an intent to raife divifions, and to alienate the affections of the people from his Majesty : therefore for the preventing and fuppreffing of fuch riots and tumults, and for the more speedy and effectual punishing the offenders therein; Twelve per- be it enacted by the King's most excellent majefty, by and with fons or more, the advice and confent of the lords fpiritual and temporal and of unlawfully af fembled, after the commons, in this prefent parliament aflembled, and by the the last of authority of the fame, That if any perfons to the number of July 1715. and twelve or more, being unlawfully, riotously, and tumultuously not difperfing affembled together, to the disturbance of the publick peace, at manded by any time after the last day of July in the year of our Lord one one justice, thoufand feven hundred and fifteen, and being required or com&c. by procla- manded by any one or more juftice or justices of the peace, or by the fheriff of the county, or his under-fheriff, or by the mayor, bailiff or bailiffs, or other head-officer, or juftice of the peace of any city or town corporate, where fuch affembly shall be, by proclamation to be made in the King's name, in the form herein after directed, to difperfe themselves, and peaceably to depart to their habitations, or to their lawful bufinefs, fhall, to the number of twelve or more (notwithstanding fuch proclamation made) unlawfully, riotoufly, and tumultuoufly fhall be adremain or continue together by the fpace of one hour after fuch judged felons without bene- command or request made by proclamation, that then such confit of clergy. tinuing together to the number of twelve or more, after fuch command or requeft made by proclamation, fhall be adjudged felony without benefit of clergy, and the offenders therein thall be adjudged felons, and fhall fuffer death as in cafe of felony without benefit of clergy. mation, II. And |