XIV. Provided always, and it is hereby enacted by the autho- Claufe of rerity aforesaid, That from and after the faid twenty fifth day of demption. December, one thousand seven hundred and fifty five, the faid reduced annuities of three pounds per centum per annum, fhall and may be redeemed by parliament, upon giving the fame notices, and making the fame payments of principal money at a time to fuch persons or corporations as now are, or hereafter fhall be, intitled to the faid annuities, and of all arrearages of the said annuities, as are directed to be given and made by the feveral and respective acts, by which the faid feveral annuities, after the rate of four pounds per centum per annum, were made payable, and from and after payment of any fuch principal money, to the faid perfons or corporations, as are or shall be intitled to the fame, a proportional part of the 'faid annuities fhall ceafe and determine, and be understood to be redeemed; any thing in this or any former act or acts of parliament to the contrary in any wife notwithstanding.

CAP. XXIII.

An act to continue feveral laws for preventing the fpreading of the diftemper which now rages amongst the horned cattle; and for impowering his Majesty to prohibit the killing of cow calves.

CA P. XXIV.

An act for the encouragement of the British white berring

fibery.

WHEREAS the carrying on, and improvement of the Bri- See 26 Geo. 2.

tish white herring fisheries, are of great importance to these c. 9. kingdoms, as they may be of great advantage to the trade and navigation thereof, and may be a means of employing and providing for great numbers of induftrious poor, provided the fame could be carried on with a fufficient flock, under proper regulations, and that reafonable encouragements be given to fuch perfons as are willing to carry on the faid fisheries: therefore for the encouragement of fuch perfons as are willing to carry on the faid fisheries, and for the better regulation of the said trade, and for preventing frauds and impofitions in the management thereof, be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this prefent parliament affembled and by the authority of the fame, That it shall and may be lawful for his Majefty, his heirs and His Majesty fucceffors, by letters patent under the great feal of Great Bri- impowered to tain, to incorporate the right honourable Sir Samuel Pennant lord grant letters mayor of the city of London; Sir James Lowther baronet, Sir patent to inNathaniel Curzon baronet, Sir Bouchier Wrey baronet, Sir Walter corporate the perfons herein Blacket baronet, Sir Ciril Wych baronet, Sir Richard Lloyd knight, mentioned, Edward Vernon cfquire, William Whitaker, Stephen Theodore Fanf fen, and Slingsby Bethell, efquires, aldermen of the city of London; lieutenant general Roger Handafyd, lieutenant general Richard Onflow, lieutenant general James Oglethorpe, Thomas Fonnereau efquire, Velters Cornewall efquire, William Willy esquire,

6

George

George Doddington efquire, William Northey efquire, Charles Gray efquire, William Davis efquire, Edward Stevenfon efquire, Paul Humfrey efquire, John Edwards efquire, Francis Crafleyne efquire, Meffieurs Neufville and Schuman, Andrew Drummond efquire, captain George Steevens, Robert Crammond efquire, Jeffery French efquire, Mafter Michael Miller of Bristol, Mafter Robert Mackay, Mafter Jonathan Perry, Mafter Richard Baker, Mafter William Bowden, John Bance efquire, Master Peter Symond, Theodore Cock efquire, George Dunbar efquire, Taylor White efquire, Mafter John Patten, Mafter Clark of the Old Jewry, Michael Wilkins Conway efquire, Archibald Stuart efquire, John Spooner efquire, Arthur Beardfly efquire, Mafter Roger Hogg of Bafinghall Street, Mafter William Crammond, Mafter Hutchinfon Muir, Mafter Robert Scott, Master George Spence, Master Robert Cady, Richard Taunton efquire, William Belchier efquire, William Thornton efquire, Francis Gwyn efquire, Peter Delme efquire, Jonathan Watfon efquire, Thomas Salufbury efquire, Richard Gildart efquire, John Hardman efquire, Lawrence Dundafs efquire, Thomas Curtis efquire, Michael Beecher efquire, Jofeph Percival efquire, Edward Ironfide efquire, alderman of the city of London; George Walker efquire, and all and every person and perfons, bodies politick and corporate, who, in their own right, or as executors, administrators, fucceffors, or affigns, derived or to be derived from, by, or under, the original proprietors, at any time or times hereafter, fhall have, and be intitled to, any part, fhare, or intereft of or in the capital sum of five hundred thousand pounds herein after-mentioned, fo long as they respectively shall have any fuch part, fhare, or intereft therein, to be one body politick and corby the name porate, in deed and in name, by the name of The fociety of the of The Society free British fishery; and by that name to have a fucceffion to continue for the term of twenty one years, and to have a common British fishery; feal, with power, from time to time, to chufe their governor, prefident, vice prefident, council, and other officers, in fuch manner, and under fuch qualifications, with regard to the elec tors, and elected, as fhall be directed in fuch letters patent; the first governor, prefident, vice-prefident, and council, being qualified in the like manner as all fubfequent governors, prefidents, vice presidents, and council, fhall, by the faid letters patent, be directed to be qualified, and to continue in their refpective offices for the space of three years, from the date of the faid letters patent.

of the free

for 21 years.

Society im

II. And be it further enacted by the authority aforesaid, That powered to it fhall and may be lawful to and for his Majesty, his heirs and make by-laws; fucceffors, by the faid letters patent of incorporation, to impower the faid fociety to make by-laws from time to time, for the regulation and government of the faid fociety; and for the regulation and management of the faid trade and commerce which shall be carried on by them; and for the curing, forting, and packing their white herrings in fuch manner, as effectually to fecure the credit of the faid commodities in foreign markets; and for the government of the fervants, and others employed by the faid fociety in the faid fisheries.

III. And

marks fhall be

III. And be it further enacted by the authority aforefaid, That and to direct it fhall be lawful for the faid fociety, from time to time, to di- what feals or rect what feals or marks they fhall think proper to be put on all put on every or every barrel or cask of their fifh; and that if any perfon or barrel of fish. perfons whatsoever fhall counterfeit fuch feal or mark, or shall knowingly affix fuch feal or mark, so counterfeited, to any bar

rel or cask of fish not belonging to the faid fociety, fuch perfons Penalty of thall forfeit and pay the fum of five hundred pounds for each counterfeiting offence, to be recovered by action, plaint, or information, in the fame. any of his Majesty's courts of record at Westminster, or in the court of feflion in that part of Great Britain called Scotland, the one moiety to be paid to the faid fociety, and the other moiety to be paid to fuch perfon or perfons as fhall fue for the fame.

IV. And be it further enacted, That it fhall and may be law- The fociety ful for his Majefty, his heirs and fucceffors, by his faid letters impowered to patent, to impower the faid fociety, by a voluntary fubfcription, raife a capital of 500,000l. to raise the sum of five hundred thousand pounds; which faid fum, when fo raised, fhall be the capital ftock of the faid fociety; and to direct how the property of the perfons subscribing may be afcertained, transferred, and alienated.

and to make

the fums.

V. And be it further enacted by the authority aforefaid, That it shall and may be lawful for his faid Majefty, his heirs and fucceffors, by the faid letters patent, to impower the said society, or fuch part thereof, as fhall in the faid letters patent be for that purpose named, to make calls, and direct the payment of calls for payany part of the faid fum of five hundred thousand pounds, ment of the which any perfon or perfons fhall fubfcribe towards carrying on fubfcriptions. the faid undertaking, at fuch times as the faid fociety, or fuch part thereof as shall be for that purpose named, fhall direct and appoint, fo as the first payment directed to be made, fhall be The times of made within the space of thirty days from the time of fuch fub- payment, and scription, and be after the rate of ten pounds by the hundred of the whole fum fubfcribed, and fo as the fecond payment be after the rate of ten pounds by the hundred of the fum fubfcribed; and that the other payments be pursuant to the direction of a general court of the faid fociety, which fhall be for that purpose affembled, or a majority of them; and in case any per- The fociety fon or perfons fhall refufe or neglect to pay any money which may fell the fhall be fo called for by the faid fociety, at the times when the hares of those who refuse to fame fhall be appointed to be paid, notice of fuch call being pay, after nogiven in the London Gazette by the faid fociety at least thirty tice of call in days before the day appointed for fuch payment, it fhall be law- the Gazette. ful for the faid fociety to fell and difpofe of fo much of the share or stock of the perfon or perfons fo neglecting or refufing, as fhall produce the fum which fuch perfon or perfons ought to have paid on fuch call; provided that all fuch money which Subfcriptions shall be fo fubfcribed and directed to be paid, fhall be paid into to be paid into the bank of England, on account of the faid fociety.

the bank.

VI. And be it further enacted, That for an encouragement 31. per cent. to such persons as fhall become fubfcribers to the said stock for per annum, carrying on the faid fisheries, that the fum of three pounds by for the fums VOL. XX. the employed in

F

14 years.

commiffioners

of the cu

the fishery to the year, for each hundred pounds which fhall be actually embe paid to the ployed in the faid fishery, and proportionably for any greater fociety for or leffer fum, fhall be paid to the proprietors of the said stock, for and during the space of fourteen years from the date of the faid charter, out of the cuftoms, by the receiver general of his Majesty's customs, by equal half-yearly payments; and to the end it may be known, what fums fhall from time to time be actually expended or employed by the faid fociety in the faid fifhery, an account fhall be delivered to the commiffioners of his Majesty's customs of the fums which fhall be fo expended or An account of employed; and the faid account fhall be produced by the acthe faid fums comptant of the faid fociety, who fhall, if required by the comto be given an- miffioners, produce his vouchers, diftinguishing the feveral arnually to the ticles in which the faid fums fhall be fo expended or employed, which account fhall be figned by three, at leaft, of the council of the faid fociety, as an atteftation that they have examined the faid account, and believe the fame to be just; and fuch account fhall also be attefted by the oath of the accomptant of the faid fociety, that he believes the fame to be a juft and true account; which oath fhall be made before any two commiflioners of his Majefty's customs (who are hereby impowered and required to adminifter the faid oath) and shall be wrote at the foot of the faid account; and the faid oath and account fhall be left in the cuftody of the commiffioners, and thereupon they, or any three of the faid commiffioners, fhall make order that payment be made by the receiver general of his Majesty's customs to the faid fociety, or fuch perfon as fhall be by them impowered to receive the fame, after the rate aforefaid, for fuch fums as by fuch account fhall appear to be fo actually employed or expended by the faid fociety, in or on account of the faid fishery.

ftoms.

within 18

* 100,000l. to VII. Provided, and be it further enacted by the authority abe employed forefaid, That the faid fociety thall employ the fum of one hunin the fisheries dred thousand pounds at least in the faid fisheries, within the months from space of eighteen months after the date of fuch fubfcription; the date of and that for the manifeftation of the fums which shall be so emthe fubfcrip. ployed by the faid fociety, the accounts of the faid fociety fhall tion. be annually laid before parliament; and if lofs thould arife by any year's adventure, and there fhould be gain by the fucceeding years, the faid gain fhall be applied fo as to complete and make good the veffels and fifhing ftock, to the full value of the faid original fum of one hundred thousand pounds, before any dividend fhall be made out of the faid gain.

The accounts

to be laid be fore parlia

ment.

Sums contracted to be paid in 6

VIII. Provided always, and be it enacted by the authority aforefaid, That fuch fums as fhall bona fide be contracted to be months,deem- paid within fix months, thall be deemed employed within the ed to be em- fenfe and meaning of this act, in cafe fo much money of the ployed. faid company as will be fufficient to answer the said contracts respectively, thall, at the time of making the fame, be in the bank of England, and there remain for the purpose of paying the fame; fuch contracts being in writing, and figned or executed in the prefence of two witneffes..

IX. And

ftock for five

IX. And be it further enacted by the authority aforefaid, No transfer to That no transfer fhall be made of any of the faid flock or thare be made of the of or in the faid five hundred thoufand pounds, for the fpace of five years from the date of the faid charter; but that the fame fhall be abfolutely void to all intents and purposes whatsoever.

years.

fer.

X. Provided always, That it fhall and may be lawful for the Executors and executors and adminiftrators or devifees of any perfon or per- affignees of fons who shall happen to die poffeffed of, or interested in any bankrupts, fuch stock or fhare of or in the faid five hundred thousand &c. may tranfpounds, and also for the affignees under any commission of bankrupts, to tranfer fuch stock or fhares, and difpofe of the produce thereof, in fuch manner, as they may by law difpofe of any other effects of fuch teftator, inteftate, or bankrupt.

cultoms, for

XI. And be it further enacted, That as a further encourage- 30 s. per ton ment to all perfons whatsoever, as well bodies politick and cor- bounty to be porate as others, and alfo the perfons who fhall be fo incorpo- paid out of the rated, to engage in the faid white herring fisheries, that a boun- decked veffels ty of thirty fhillings per ton fhall be paid annually, out of fuch built for the fums as fhall be produced out of his Majefty's customs, to the fisheries. owner or owners of all decked veffels, from twenty to eighty tons burthen, which fhall be built, after the commencement of this act, for the ufe of the faid fisheries, and fitted out and employed in the faid fitheries, whether by the faid society, or any other perfon or perfons whatfoever, in manner, and under the regulations herein after-mentioned.

XII. And be it further enacted, That every fuch bufs or vef- Conditions of fel, which fhall be employed in the faid white herring fith- the bounty. eries, by the faid fociety, or whofe owners fhall be intitled to the bounty of thirty fhillings per ton, by virtue of this act, fhall be a decked bufs or veffel, built in Great Britain, after the commencement of this act; and fhall proceed on the faid fishery from fome port in Great Britain, manned and navigated as by the law now in force is directed: and before fuch bufs or vessel proceed on fuch voyage, or be intitled to the benefit of this act, The shall be vifited by fuch officer or officers of the customs belonging to fuch port, who fhall be appointed by the commiffioners of the customs to examine into fuch bufs or veffel; and who shall take an account of the tonnage thereof by admeasurement, and fhall certify fuch his or their vifitation, examination, and admeasurement, to the commiffioners of his Majefty's cuftoms, and that he hath on board fuch a quantity of fishing nets, and other stores to be used in the faid fishery, as herein after are mentioned, and otherwife is a proper veffel to be employed in the said fishery: and, upon its further appearing by the oath of one or more owner or owners, or agent appointed by them, or of a proper officer or agent of the faid fociety (who fhall be appointed for that purpofe) and of the mafter or chief officer of fuch veffel, written at the foot of the faid certificate, and made before the collector and comptroller of fuch port, who are hereby impowered and required to adminifter the fame, That it is really and truly their firm purpose and determined refolution,

F 2

that