of sope with

wife; and for relief of persons who have not claimed their lottery-tickets in due time, or have lost exchequer-bills or lotterytickets; and for borrowing money upon stock (part of the capital of the South-Sea company, for the use of the publick,) it is amongst other things provided and enacted, That in case stale or rotten fope, or cuttings of fope, be put into a copper or pan, in the presence of an officer for the faid duties, in order to be refreshed or made new, Juch officer shall from time to time make an allowance of the duty of the ftale or rotten sope or cuttings so put in, and certify every fuch allowance upon his report to be returned to the head office in the faid act mentioned.

XXXVII. And whereas, under colour and pretence of making • Such allowances, pursuant to the aforesaid clause, and by combinations and confederacies between fraudulent makers of fope and corrupted officers of and for the faid duties, who by bribes have been prevailed upon, in fuch their reports of the makings of fope, sometimes to certify great quantities of stale or rotten sope, or of cuttings of fope, put into fuch makings of sope, when in fact and in truth no such ftale or rotten sope, or cuttings of fope, have really and in fact been put into fuch makings of fope; and at other times, when small quantities of Stale or rotten fope, or of cuttings of fope, have been put into fuch makings of fope, fuch officers have been by the means aforesaid prevailed upon to certify, in fuch his and their report and reports, quantities of fuch stale or rotten fope, or cuttings of fope, much greater and far exceeding the quantity or quantities which at fuch time and times really and in fact have been and were put into fuch respective makings of sope, whereby his Majesty has been greatly defrauded of

and in his duties on fope; for preventing whereof for the future,

Stale or rotten be it enacted by the authority aforesaid, That if any stale or rotsope put into ten sope, or any cuttings of sope, in order to the refreshing any makings thereof, shall, from and after the faid twenty fourth day of June out due no- one thousand seven hundred and twenty five, be put into any tice to the of making or makings of sope, unless of the intention and designficer, no allowance to be made for it.

ing so to put such stale or rotten sope or cuttings of fope there shall be or shall have been given to the officer of the divifion or place where such putting in is intended to be, such notice in writing as herein after is mentioned, (that is to say) if such putting in is to be within the limits of the weekly bills of mortality, then and in such cafe, by the space of twelve hours next before the respectively time and times of such putting in such stale or rotten sope or cuttings of sope, but if in any other place or places out of the limits of the said weekly bills, then and in such cafe, by the space of twenty four hours next before the respective time and times of such putting in such stale or rotten fope or cuttings of fope, that in every such cafe and cases whatsoever, where such putting in shall be, or shall have been without such notice, the officer shall not certify such putting in, or any allowance for or in respect thereof; nor shall the maker or makers of sope, in any fuch cafe or cases, have or be entitled to have any allowance or allowances whatsoever, for or in respect of fuch putting in such stale or rotten sope, or of such cuttings of fope;

any

A

any law or statute to the contrary thereof in any wife notwith-
standing.

have had due

for every pound,

XXXVIII. And be it further enacted by the authority afore- Officers prefaid, That if, from and after the said twenty fourth day of June tending to one thousand seven hundred and twenty five, any officer or of notice, and ficers of excife, or for the said duties on sope, shall falsly pretend making althat he or they hath or have had due notice in writing of fuch lowance, &c. putting in of fuch stale or rotten sope or of such cuttings of fope, forfeit 10s. in any cafe and cafes where and in which he or they really and in fact shall not have had fuch due notice in writing, and shall make fuch allowance and allowances as aforesaid, and shall falsly certify the fame, every such officer and officers, for every pound-weight of such stale or rotten sope or cuttings of fope, so falsly allowed or certified as aforesaid, shall forfeit and lose the sum of ten shillings; and every fuch maker and makers of sope, and also the who shall demand, claim, have or take any benefit or advantage maker. for or in respect of any fuch allowance, so falfly made or certified by fuch officer or officers, in every such case and cafes, shall forfeit and lose the sum of ten shillings for every pound-weight of fuch stale or rotten sope or cuttings of sope, as shall be claimed, demanded, had or taken by such maker or makers of fope, for and in respect of fuch allowance, so falfly made or certified by such officer or officers.

XXXIX. And it is hereby further enacted by the authority How these peaforesaid, That all fines, penalties and forfeitures by this act be- nalties shall be fore impofed, of and concerning the suing for, recovering and sued for, and dividing whereof other directions are not herein given, shall be divided. fued for, recovered, levied or mitigated by such ways, means and methods, as any fine, penalty or forfeiture is or may be sued for, recovered, levied or mitigated by any law or laws relating to his Majesty's revenues of excise, or any of them, or by action of debt, bill, plaint or information in any of his Majesty's courts of record at Westminster for or on account of any thing done or omitted to be done contrary to this act in the part and parts of Great Britain called England, Wales, or town of Berwick upon Tweed, or in the court of exchequer in Scotland, for or on account of any thing done or omitted to be done contrary to this act in that part of Great Britain called Scotland; and that one moiety of every such fine, penalty and forfeiture shall be to the use of his Majesty, his heirs and successors, and the other moiety thereof to him or them that shall fue or inform for the fame.

XL. And be it further enacted by the authority aforesaid, Attempting That if and in case any person or persons whatsoever, liable to to corrupt the the faid duties on fope, or to the duties of excife, or to any o- officers of exther duty or duties whatsoever, under the management of the cife, forfeits respective commiffioners of excife, either as commiffioners of 500 1. excife, or as commiffioners of fuch other duty or duties, or to any of them, in order to corrupt, perfuade or prevail upon any officer or officers of or for the duties due or payable for and in respect of the goods, wares or commodities before-mentioned,

or

Recital of the

acts Geo. 1.

C. 18. relating to the British fishery.

or of any or either of them respectively, either to do or perform any act or acts, thing or things whatsoever, contrary to the duty of fuch officer or officers, or to neglect or omit to do or perform any act or acts, thing or things whatsoever, belonging or appertaining to the business and duty of such officer and officers, or to connive at or conceal any fraud or frauds relating to the faid duties, or any of them, or not to discover the fame, shall from and after the said twenty fourth day of June one thousand feven hundred and twenty five give or offer to give or fecure to any fuch officer or officers, any bribe, gratuity, or other reward whatsoever, that then and in every such cafe and cases the offender and offenders therein respectively shall, for every fuch offence, forfeit and lose the sum of five hundred pounds, which shall and may be sued for, levied, recovered and mitigated by fuch ways, means and methods, as any penalty or forfeiture is or may be fued for, levied, 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 exchequer in Scotland; and that one moiety thereof shall be to his Majesty, his heirs and successors, and the other moiety thereof to the poor of such parish or place where such offence shall happen to be committed.

XLI. And whereas by an act made and passed in the fifth year of bis present Majesty's reign, intituled, An act for recovering the credit of the British fishery in foreign parts, and for better securing the duties on falt, it is amongst other things enacted, That at the end of every fishing season the officer for the duty on falt shall take a particular account of the quantities of foreign and British falt respectively remaining in hand, which remaining falt shall be immediately locked up in the joint custody of the officer and proprietor or proprietors, bis or their agent or agents, and the faid proprietor or proprietors, his or their agent or agents of the faid falt, using the faid falt, shall as foon as possible after the end of every fishing season, deliver an account in writing into the faid office for the faid duty on falt, containing the quantity of fish exported and entred, or shipped to be exported, on which the falt taken away after its delivery into the fole custody of the faid proprietor or proprietors, his or their agent or agents, has been used or consumed, together with a certificate or ficates, by the proper officers of the feveral ports, where the faid fish were shipped for exportation, verifying the faid account, which certificates the said officers are thereby directed to give gratis; which faid account delivered into the faid office as aforesaid, shall be affirmed by the oath of the faid proprietor or proprietors using the faid falt as aforefaid, or his or their agent or agents, who have used the fame, and shall remain in the faid office, to the end that the quantity of fish cured for exportation, and the quantity of falt used in curing the faid fifb, may from time to time appear upon oath, and be compared together; and in cafe any of the faid falt shall be delivered over to any other perfons, and used by them in curing of fish, the feveral quantities of falt so delivered over shall be expressed in the said account, and each person to whom fuch folt shall be so delivered, or his agent, shall likewise upon oath make another account of the particular quantity of fuch Jalt used by each of them in the curing of fish so exported or shipped for exportation as aforesaid, which faid account, together with proper certificates as aforesaid, shall likewise be transmitted into the office aforesaid, there to remain for the purposes above-mentioned; but if fuch proprietor or proprietors, his or their agent or agents, or any other person or persons, to whom any quantity of falt should be by them delivered over as aforesaid, should for the space of fix months after the end of every respective fishing season, neglect or refuse to deliver fuch account attested upon oath as aforesaid, fuch proprietor or proprietors, and fuch other person or persons as aforesaid, should for every fuch offence forfeit forty pounds: and whereas since the making of the faid alt, feveral frauds and abuses, and many inconveniencies have been discovered, whereby bis Majesty's revenue, arifing out of the faid falt, has been very much lessened, and the certain quantity of falt ufed in the curing of fish not any ways ascertained, they the said proprietors, at their pleasure, during the fishing seafon, convert and dispose of, for their own private advantage, but in a fecret manner, great quantities of falt to persons unknown, who fell the fame, without paying any duty for the fame, or giving any account thereof, as by the Said act is required, by which means the fair trader alfo is underfold; now for preventing for the future any frauds, imbezilments or misapplications of any falt, whether British or foreign, and for avoiding all disputes and controverfies that may hereafter happen or arife between the owners of falt-works, proprietors of falt for curing of fish, and the officers for the duty on falt, be it Proprietors further enacted by the authority aforesaid, That from and after deliveringover the twenty fourth day of June one thousand seven hundred and any falt to any twenty five, if any proprietor or proprietors of falt, his or their person, receivagent or agents, shall deliver over to any perfon or persons any officer, tomake quantity of falt, which he shall have received from the proper appear that it officer or officers as aforesaid, such proprietor or proprietors, his was used in or their agent or agents shall, by oath or otherwise, make it ap- curing fish. pear to the fatisfaction of the proper officer or officers, that fuch falt so parted with, or delivered over to any person or persons as aforesaid, was by him or them used in curing of fish according to the intent and meaning of the said act; and in default thereof, every proprietor or proprietors, his or their agent or agents, shall be adjudged guilty of embezilment and misapplication of fuch falt, and shall for every fuch offence forfeit the sum of fifty Forfeiture gol. pounds sterling.

ed from the

1

XLII. And whereas by the faid recited act it is further enacted, 5.Geo, 1. c. 13. That the prefent allowances given by the laws relating to the duties on falt, upon the exportation of fish cured with foreign falt, should be no longer paid upon fish exported, from and after the twenty fourth day of June one thousand seven hundred and nineteen, but that the curers of fish, from and after the faid twenty fourth day of June one thousand seven hundred and nineteen, should and might cure their fish with British or foreign falt, without paying any duty for the fame, except the customs payable upon the importation of foreign falt, and be entitled to have and receive upon the exportation thereof fuch and no

other allowances, than are therein mentioned and appointed: and whereas the time limited by the faid act for the exportation of fish cured with foreign falt, fo' as to be entitled to the allowances then given, was too short, in respect that being the prime season of the Salmon-fishing, confiderable quantities of falmon and codfish were then in the hands of jeveral curers of fish in that part of Great Britain called Scotland, which they were under a necessity to cure with foreign falt, the duties whereof were either paid or secured to be paid: and whereas it may be just and reasonable, that the curers and proprietors of all fuch fish, actually and really in band on the said twenty fourth day of June ane thousand feven hundred and nineteen, legally and duly cured with foreign falt, according to the feveral acts of parliament in that behalf, the duties of which falt were either paid or fecured to be paid, should be paid the fame allowances, and in the fame manner, as if exported on or before the faid twenty fourth day of June one thousand feven hundred and nineteen, be it enacted and declared by the authority aforesaid, That the barons of his Ma

jesty's court of exchequer in Scotland, upon receiving a fatisfacRelief for fo- tory proof of what quantities of salmon and codfish were actualreign falt used ly and really in hand on the said twenty fourth day of June one in curing fal- thousand seven hundred and nineteen, duly cured with foreign fish in Scotland falt, and legally exported, the duties whereof have been either in 1719. and paid or are secured to be paid, shall and may order and direct the legally export- proper officers to make out debentures to the proprietors or curers

mon cod

ed.

6 Geo. 1. c. 18.

A

of fuch fish, certifying the allowances for the fish contained in fuch debentures to be the fame as were payable before the faid twenty fourth day of June one thousand seven hundred and nineteen, and to be paid in the same manner.

XLIII. And whereas by an act passed in the fixth year of his Majesty's reign, intituled, An act for the better fecuring certain powers and privileges intended to be granted by his Majesty by two charters for affurance of ships and merchandizes at sea, and for lending money on bottomry; and for restraining several extravagant and unwarrantable practices therein mentioned, bis Majesty was enabled to erect two distinct corporations for affurance of Ships, goods and merchandizes at fea, or going to sea, and for other purposes therein mentioned: and whereas his Majesty hath been graciously pleased, pursuant to the faid act, to erect two distinct corporations for the purposes aforesaid, one by the name and title of The Royal Exchange assurance, and the other by the name and title of The London afsurance; and whereas the faid corporations, in purfuance of the faid act, and the ends and purposes for which they were So incorporated, have, from time to time, as occafion bath required, entred into and executed great numbers of policies of affurance for the afsuring of ships and goods and merchandizes, at fea or going to fea, and still continue so to do, but by reason of their being bodies corporate, fuch policies of assurance could not be entred into by their fubScribing of the same, as is the constant usage for private insurers to do, but the respective common feals of the faid corporations are set to fuch policies of affurance, and by means thereof, the manner of proceeding and pleadings in any fuit or action to be commenced upon such pa