網頁圖片
PDF
ePub 版

herein after is mentioned, and otherwise to act in and relating to the fame duties, as her Majefty's service in this behalf thall require; and to cause such sum and fums of money to be expended and paid, from time to time, out of the duties laft-mentioned, and hereby granted, for falaries, and other incident charges, as shall be neceffary in and for the receiving, collecting, levying, or managing the fame duties during the faid term, any thing in this act contained to the contrary notwithstanding.

XXXIV. And it is hereby further enacted by the authority To be paid to aforefaid, That the duties last-mentioned, and hereby granted, the receiver fhall be all paid or tranfmitted, from time to time, as this act general of the directs, into the hands of the receiver general for the time and by him stamp duties, being of the faid duties on ftampt vellum, parchment, and into the Expaper, who fhall keep a separate and diftinct account thereof, chequer, and pay the fame into the receipt of the Exchequer of her Ma- weekly. jefty, her heirs and fucceffors, weekly, on Wednesday in every week, unless it be an holy-day, and then the next day after which fhall not be an holy-day, for the purposes in this act expreffed, and under the like penalties, forfeitures, and difabilities, as are to be inflicted by this act, for diverting or misapplying any monies by this act appropriated or appointed for repayment of loans, or fatisfaction of intereft monies as is herein after-mentioned.

ture, &c. on

fum.

XXXV. And be it further enacted by the authority aforesaid, That from and after the faid first day of May, one thoufand feven hundred and ten, the full fum or fums of money received, or in any wife directly or indirectly given, paid, agreed, or contracted for, during the term aforefaid, with or in relation to every such clerk, apprentice, and fervant, as aforefaid, fhall be truly inferted and written in words at length, in fome inden- to be inferted ture or other writing, which fhall contain the covenants, articles, in the indencontracts, or agreements, relating to the fervice of such clerk, forfeiture of apprentice, or fervant, as aforefaid, and shall bear date upon double the the day of the figning, fealing, or other execution of the fame; upon pain that every mafter or mistress, to or with whom, or to whose use, any fum of money whatsoever shall be given, paid, fecured, or contracted, for or in refpect of any fuch clerk, apprentice, or fervant, as aforefaid, which shall not be truly and fully fo inferted and specified in fome fuch indenture, or other writing, fhall, for every fuch offence forfeit double the fum fo given, paid, fecured, or contracted for ; the one moiety of which forfeitures, fhall be to her Majesty, her heirs or fucceffors, and the other moiety, with full cofts, to any perfon or perfons who fhall inform and fue for the fame, by action of debt, bill, plaint, or information, in any court of record at Westminster, or in the Exchequer of Scotland, at any time after the executing, making, or figning of any fuch indenture or writing, or making any fuch contract or agreement, and within one year after the time limited or appointed for the fervice of any fuch clerk, apprentice, or fervant, to or with fuch mafter or mistress, shall be expired. XXXVI. And

Two new

XXXVI. And be it further enacted by the authority aforeftampts to be faid, That the faid commiffioners for managing the faid duties provided, &c. on ftampt vellum, parchment, and paper, fhall, before the faid first day of May, one thousand seven hundred and ten, provide two new stamps to be used in pursuance of this act, (over and befides the stamps heretofore requifite for or in respect of such indenture, or other writing, by virtue of the ftatutes in that cafe made) the one of which new ftamps fhall denote the faid duty of fix pence in the pound, and the other of the faid new ftamps fhall denote the faid duty of one fhilling in the pound; and that all fuch indentures, or other writings, containing the fums truly given, paid, agreed, or contracted for, as aforesaid, which fhall, within or during the faid term of five years, be entred into, executed, or figned, within the cities of London or Westminster, or within the limits of the bills of mortality, shall be brought to the head office for stamping or marking of vellum, parchment, and paper, and the duties hereby charged and payable for the fums therein to be inferted, as aforesaid, fhall be paid to the receiver general for the time being, of the faid duties on stampt vellum, parchment, and paper; and upon fuch payment thereof, the fame fhall be ftamped with one of the faid new ftamps, as the cafe fhall require, within one month after the respective dates thereof.

Indentures to be brought to the head office, &c. in

2 months after date,

XXXVII. And be it enacted by the authority aforesaid, That all the faid indentures, and other writings, which fhall or ought to contain the whole fum truly given, paid, agreed, or contracted for, as aforefaid, which fhall, within or during the faid term of five years, be entred into, executed, or figned, in any part of Great Britain, (not being within the limits of the faid weekly bills of mortality) fhall (at the option of the party concerned) be brought or fent, either to the head office within the limits of the faid weekly bills, or elfe to fome of the collectors, appointed or to be appointed for her Majesty's duties upon itampt vellum, parchment, and paper, who fhall refide without the limits of the faid weekly bills, in England, Wales, or the town of Berwick upon Tweed, or to fome of the officers to be appointed for the duties by this act granted in Scotland, within two months after the date, execution, or figning of every fuch indenture, or writing refpectively; and upon producing of every fuch indenture or writing, either at the faid head office, or to fuch collector, or other officer, as aforefaid, her Majesty's duties hereby granted fhall be paid, either to the faid receiver general at the faid head office, or to fuch collector or other officer as aforefaid; and in cafe the faid payment shall be made to the immediate hands of the receiver general in the faid head office, for her Majefty's ufe, then the indenture or writing, for which fuch payment fhall be made, fhall be forthwith ftamped with one of the faid new ftamps, as the cafe shall require; and in cafe fuch payment fhall be made to the a receipt, &c. hands of fuch collector, or other officer, without the limits of the faid weekly bills, the fame collector or other officer is here

and there the duty to be paid and in

denture fampt, &c. or the collect

or to endorse

by

by required to endorse on fuch indenture or other writing, a receipt for the monies fo paid, in words at length, bearing date the day on which fuch payment shall be made, and to fubscribe his name thereto, (to the intent that he may thereby be charged with every fum fo paid to him) and forthwith deliver back the faid indenture or writing fo endorsed to the bringer thereof.

XXXVIII. And it is hereby enacted by the authority afore- Within what faid, That every fuch indenture or writing fo endorfed (in cafe time indenthe fame be entred into, executed or figned within the space tures thall be stampt. of fifty miles, to be computed from the limits of the faid weekly bills of mortality) fhall, within three months after the date or making thereof, and if the fame be entred into, executed or figned in any part of Great Britain at a greater diftance from the limits aforefaid, fhall, within fix months after the date or making thereof, be brought or fent to the faid head office, where the fame (being produced with the faid receipt endorsed) fhall be immediately ftamped with one of the faid new stamps, as the case shall require, by the officer appointed, e to be appointed for that purpose.

XXXIX. And be it further enacted by the authority aforefaid, That all fuch indentures or writings, as aforefaid, wherein which the full Indentures, in shall not be truly inferted and written the full fum and fums fum received, of money received, or in any wife directly or indirectly given, is not charged, paid, fecured, or contracted for, with, or in relation to fuch &c. void. clerk, apprentice, or fervant, as aforefaid, or whereupon the duties payable by this act fhall not be duly paid, or lawfully tendred, or which shall not be stamped, or lawfully tendred to be ftamped, according to the tenor and true meaning of this act, within the respective times herein for that purpose severally and respectively limited, fhall be void, and not available in any court or place, or to any purpose whatsoever, and the clerk, apprentice, or fervant, whom the fame fhall concern or relate to, fhall in fuch cafe be utterly incapable of being free of any And clerk, &c. city, town, corporation, or company, and of following or incapacitated. exercifing the intended profeffion, trade, or employment; any charter, law, or custom to the contrary notwithstanding. XL. Provided always, That nothing in this act contained shall be construed to extend to charge any mafter or mittress with the payment of any of the faid duties, in refpect of any rities not money by him or her received with any apprentice or fervant, charged. who shall be put or placed out at the common or publick charge of any parish or township, or by or out of any publick charity, or to require the ftamping with any such new stamp, as aforesaid, of any indenture, articles, covenant, agreement, or contract relating to fuch apprentice or fervant as laft-mentioned; any thing herein contained to the contrary notwithstanding. XLI. And be it further enacted by the authority aforesaid, That if any perfon fhall forge or counterfeit the faid new Forging new ftamps to be provided in purfuance of this act, or either of stamps felony, them, or imprefs any vellum, parchment, or paper with any

fuch

Parish or

publick cha

Commiffioners to be fworn:

The oath.

No indenture

in evidence,

unless oath made of the fums really paid, &c.

fuch counterfeit ftamp, or counterfeit any receipt for any monies payable by virtue of this act, every fuch perfon, being convicted of any of the offences before-mentioned, shall be adjudged a felon, and fuffer as in cafes of felony, without benefit of clergy.

XLII. And be it further enacted by the authority aforesaid, That every commiffioner and officer, who fhall act in or about the managing or collecting the duties laft-mentioned, and hereby granted, fhall, before he fhall act in or about the same, take the oath following; that is to say,

IA.

A. B. do fwear, That I will faithfully execute the truft repofed in me pursuant to the act of parliament, intituled, An act for laying certain duties upon candles, and certain rates upon monies to be given with clerks and apprentices, towards raifing her Majefty's fupply, for the year one thousand feven hundred and ten, without fraud or concealment; and fhall from time to time true account make of my doings therein, and deliver the fame to fuch perfon or perfons as her Majesty, her heirs and fucceffors, fhall appoint to receive fuch account; and shall take no fee, reward, or profit for the execution or performance of the faid truft, or the business relating thereto, from any perfon or perfons, other than fuch as shall be paid or allowed by her Majefty, her heirs and fucceffors, or fome other perfon or perfons under her or them to that purpofe authorized.

Which oath shall and may be administered by any two or more of the commiffioners laft-mentioned, or any justice of the peace.

XLIII. And be it further enacted by the authority aforefaid, to be admitted That no indenture or writing required by this act to be stamped, as aforefaid, fhall be given or admitted in evidence in any fuit to be brought by any of the parties thereunto, unless such party, on whose behalf the same shall be given or admitted in evidence, do first make oath, that to the best of his or her knowledge, the fum or sums therein for that purpose inserted or mentioned was or were really and truly all that was directly or indirectly given, paid, fecured, or contracted for, on behalf or in refpect of fuch clerk, apprentice, or fervant, to or for the benefit of the mafter or mistress to or with whom fuch clerk, apprentice, or fervant was put or placed.

Commiffion

XLIV. And be it further enacted by the authority aforesaid, ers to obferve That the faid commiffioners for managing the faid duties on the orders of ftampt vellum, parchment, and paper, and all other officers who the treasury. fhall be imployed in or about the collecting or managing of the

No fee for ftamps.

duties last-mentioned, and hereby granted, shall in and for the better execution of their feveral offices and trufts, observe and perform fuch rules, methods, and orders, as they respectively shall from time to time receive from the lord high treasurer now being or the lord high treasurer of the Exchequer, or commiffioners of the treasury for the time being; and that no fee or reward shall be demanded or taken by any her Majefty's officers, re

lating to the faid ftamp duties, from any of her Majefty's fub- Officer neg5jects, for any matter or thing to be done in purfuance of this lecting his duty answers act; and in cafe any officer intrufted, or to be intrusted in the full damages execution of this act, in relation to the faid ftamp duties, fhall and treble refuse or neglect to perform any matter or thing by this act re-cofts. quired to be done or performed by him, whereby any of her Majefty's fubjects fhall or may fuftain any damage whatsoever, fuch officer fo offending fhall be liable, by any action to be founded on this ftatute, to answer to the party grieved all fuch damages with treble cofts of fuit.

master, not

XLV. And be it declared and further enacted by the autho- Where any rity aforefaid, That from and after the said first day of May, one thing fhall be thousand seven hundred and ten, and during the faid five years, given to any where any thing or things, not being lawful money of Great being money, Britain, fhall directly or indirectly be given, affigned, conveyed, the full value delivered, contracted for, or fecured, to or for the ufe or of fuch thing benefit of any mafter or miftrefs, with or in refpect of any fuch to be anfwerclerk, apprentice, or fervant, for whom a duty is chargeable by ed for the duthis act; the duties hereby granted and laft-mentioned thall be answered and paid for the full value or values of fuch thing or things, and the fame duties for the faid values fhall be fecured and answered in the fame manner and form, and under the like pains, penalties, forfeitures, and incapacities, as are before in this act provided for fecuring the faid rates upon monies given or paid, or agreed to be given or paid, with fuch clerks, apprentices, or fervants, as aforefaid.

XLVI. Provided alfo, and it is hereby further enacted by the Borrowing authority aforesaid, That it fhall and may be lawful, to and for claufe of any person and persons, natives or foreigners, bodies politick or 500,000l. at corporate, to advance and lend unto her Majesty, at the receipt 61. per cent. -of her Majesty's Exchequer, upon credit of the faid feveral duties, rates, and fums of money by this act granted, and to be raised in the several parts of Great Britain, as aforefaid, any fums which fhall not exceed in the whole the fum of five hundred thousand pounds, and to have and receive for the forbearance thereof, intereft after the rate of fix pounds per centum per annum ; and moreover, That no money to be lent upon the fecurity of this act, fhall be rated or affeffed by virtue of this act, or any other act of parliament whatsoever.

XLVII. And it is hereby further enacted, That all and every Lenders to perfon or perfons, who fhall lend any money upon the credit of have tallies this act, and pay the fame into the faid receipt of Exchequer, and orders fhall immediately have a talley of loan ftruck for the fame, and ftruck, &c. an order for his, her, or their repayment, bearing the fame date with his, her, or their tallies; in or upon which order fhall be alfo contained a warrant for payment of intereft for the forbearance thereof, at the rate aforefaid, and to be paid every three months, until the repayment of the principal; and that all fuch orders for repayment of money to be lent, fhall be registred in course, according to the dates respectively, without other preference of one before another; and that all and every perfon

and

« 上一頁繼續 »