by any officer or officers of his Majefty's cuftoms; one moiety of which penalties and forfeitures fhall be to the use of his Majefty, his heirs and fucceffors, and the other moiety to him or them that fhall feize, profecute, or fue for the fame, in any of his Majefty's courts of record at Westminster.

IV. Provided always, That if any doubt or difpute shall a- In doubts rife, whether the faid raw filk, or any part thereof, so to be im- about the ported as aforefaid, is of the growth or culture of the British growth of the colonies or plantations in America, or of foreign growth or cul- Probandi is to ture, the Onus Probandi, fhall lie on the owner or claimer there- lie on the of, and not on the informer or profecutor; any law, custom, or owner. ufage to the contrary notwithstanding.

V. And be it further enacted by the authority aforefaid, That General iffue. if any action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this act, the defendant or defendants, in fuch action or fuit, may plead the general issue, and give this act, and the fpecial matter in evidence at any trial to be had thereupon, and that the fame was done in pursuance and by authority of this act; and if it shall appear fo to have been done, then the jury fhall find for the defendant or defendants; and if the plaintiff thall be nonfuited, or difcontinue his action, after the defendant or defendants fhall have appeared, or if judgement fhall be given upon any verdict or demurrer againft the plaintiff, the defendant or defendants fhall and may recover treble cofts, and have the like remedy for the Treble cofts. fame, as defendants have in other cafes by law.

CAP. XXI.

An act for granting to his Majesty the fum of nine hundred thousand pounds out of the finking fund, for the fervice of the year one thousand seven hundred and fifty; and for applying certain furplus monies, remaining in the exchequer, as part of the supply of the faid year; and for the application of certain favings in the hands of the paymaster general; and for obviating a doubt in an act of the fifth year of King George the First, in respect to the payment of certain annuities thereby granted for the improvement of fisheries and manufactures in Scotland; and for the further appropriating the Supplies granted this feffion of parliament; and for giving further time for the payment of duties omitted to be paid for the indentures or contra&ts of clerks and apprentices; and for transferring the bounties now payable upon the exportation of British fail cloth, to the customs; and for enforcing the laws against the clandeftine importation of foap, candles, and starch, into this kingdom.

VOL. XX.

D

Moft

Moft gracious Sovereign,

WE Britain in parliament affembled, be

E your Majefty's most dutiful and loyal fubjects, the

ing defirous to raise the neceffary fupplies which we have chearfully granted to your Majesty in this feffion of parliament, for the fervice of the year one thousand seven hundred and fifty, in the cafieft manner we are able, for the benefit of your Majesty's fubjects, and also to use such ways and means therein, as that your Majefty may have the better and more speedy effect of the faid fupplies, have refolved to give and grant unto your Majesty the fum of nine hundred thousand pounds, out of the surpluffes, exceffes, and overplus monies, commonly called The Sinking Fund: and to that end and purpose do moft humbly befeech your Majefty that it may be enacted, and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That by or out of such monies as now are, or shall from time granted out to time be and remain in the receipt of the exchequer, of the of the finking faid furpluffes, exceffes, or overplus monies, commonly called fund, towards The Sinking Fund (after paying or referving fufficient to pay all the supply.

900,000 1.

17,5531. IOS. 1od. furplus of the addion wines imported,

tional duties

fuch fum and fums of money as have been directed by any former act or acts of parliament to be paid out of the fame) there shall and may be iffued, and applied, a fum not exceeding the faid fum of nine hundred thousand pounds, for and towards the fupply granted to his Majesty for the fervice of the faid year one thousand seven hundred and fifty; and the commiffioners of his Majesty's treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, are hereby authorized and impowered to iffue and apply the fame accordingly.

II. And be it further enacted by the authority aforefaid, That the fum of feventeen thousand five hundred and fifty three pounds, ten fhillings, and ten pence, now remaining in the receipt of his Majefty's exchequer at Christmas laft, one thousand . feven hundred and forty nine, being the furplus of the additional duties upon all wines imported, over and above fufficient to fatisfy the annuities charged thereupon; and the fum of twenty nine thoufand eight hundred and fifty fix pounds, one fhilling, and eleven pence halfpenny, being the furplus monies remaining in the receipt of his Majefty's exchequer at Michaelmas laft, one thoufand feven hundred and forty nine, of the rates and duties upon houses, windows, and lights, and of the duties on coaches and other carriages, after fatisfying all pay71,1161. 178. ments due thereupon; and also the fum of feventy one thou6d. furplus of fand one, hundred and fixteen pounds, feventeen fhillings, and the fubfidy of fix pence, being the furplus monies remaining in the receipt of poundage on his Majefty's exchequer at Michaelmas laft, one thoufand feven hundred and forty nine, of the subfidy of poundage on goods

29,8561. 1s. 11d. halfpenny, furplus of the duties upon houses, and coaches, &c.

goods inported,

and

of the year

1750.

from the pay

of the land

65,674 1. 8 s.

to the Land

and duke of

and merchandizes imported, after fatisfying all payments due thereupon, fhall and may be iffued and applied at the faid receipt, as part of the supply granted to his Majefty for the fer- to be applied vice of the year one thousand seven hundred and fifty; any for the fervice thing in this or any former act or acts of parliament to the contrary thereof in any wife notwithstanding. III. And whereas the fum of forty fix thoufand eight hundred and 46,849 1. 115. forty nine pounds, eleven shillings, and ten pence, of monies or favings 10d. favings in the bands of the paymafter general of his Majesty's land forces, arifing from the pay of his Majesty's land forces; as alfo the fum of fixty five thousand fix hundred and feventy four pounds, eight shillings, and fix pence, of monies or favings in the hands of the faid pay-od. lavings on mafter, on the head of forage and provifions voted for the auxiliary forage, &c. troops of Ruffia, and on the fubfidies to the Landgrave of Heffe Caf- for the troops fel, elector of Bavaria, and duke of Wolfenbuttle, have been granted of Ruffia, and to his Majefly in this feffion of parliament, towards defraying the the fublidies extraordinary expences of his Majesty's land forces, and other fervi- grave of Helse ces, incurred in the year one thousand feven hundred and forty nine, Caffel, elector and not provided for by parliament: which two fums, together with of Bavaria, the further fum of fixty five thousand four hundred and eighty one Wolfenbuttle, pounds, four fillings, and feven pence, granted in this feffion of parliament out of the fupplies for the year one thousand feven hundred 65,4811. 4s. and fifty, amounting in the whole to the fum of one hundred feventy 7d. granted for the fervice eight thousand and five pounds, four fbillings, and eleven pence, are of the year to be applied for defraying the Jaid extraordinary expences of his Ma- 1750. jefty's land forces, and other fervices incurred in the year one thoufand feven hundred and forty nine, as aforefaid; be it therefore enacted by the authority aforefaid, That the faid refpective fums of forty fix thoufand eight hundred and forty nine pounds, eleven Thillings, and ten pence, and fixty five thousand fix hundred and feventy four pounds, eight fhillings, and fix pence, remaining in the hands of the faid paymafter general of his Majefty's land forces, of the monies or favings herein before fpecified, fhall and may be iffued and applied, by any warrant to be applied or warrants of his Majefty, under his royal fign manual in that towards the behalf, towards defraying the faid extraordinary expences of expences of his Majesty's land forces, and other fervices, incurred in the faid forces in year one thousand seven hundred and forty nine, and not pro- 1749. vided for by paliament; any thing in this or any former act to the contrary thereof in any wife notwithstanding.

the land

of the army,

IV. And whereas the fum of fifteen thousand pounds of monies or 15,0001. favfavings remaining in the hands of the paymaster general of his Ma- ings from the jefty's land forces, arifing from the contingencies of the army, have contingencies been granted to his Majefly in this feffion of parliament, towards defraying the charge of out penfioners of Chelsea Hofpital, for the year one thousand feven hundred and fifty; which fum, together with the further fum of forty nine thousand eight hundred and forty eight 49,8481. 75. pounds, feven fillings, and fix pence, granted in this feffion of par- 6. of the fupplies for liament out of the Jupplies for the faid year one thousand feven hun- the year dred and fifty, amounting in the whole to the fum of fixty four thou- 1750. fand eight hundred and forty eight pounds, seven fillings, and fix

D 2

pence,

to be applied

to the out

penfioners of Chelsea Hofpital.

5 Geo. I. c. 20.

The yearly funds of

10,000l. and 2,000l. to be paid out of the

revenue of Scotland.

Provifo.

pence, are to be applied for the defraying the charge of the faid out penfions of Chelsea Hospital for the faid year one thousand seven hundred and fifty; be it therefore enacted by the authority aforesaid, That the faid respective fums of fifteen thousand pounds, and forty nine thousand eight hundred and forty eight pounds, feven fhillings, and fix pence, remaining in the hands of the faid paymaster general of his Majefty's land forces, of the monies or favings herein before specified, fhall and may be iffued and applied, by any warrant or warrants of his Majefty under his royal fign manual in that behalf, towards defraying the charge of out penfioners of Chelfea Hofpital, for the year one thoufand feven hundred and fifty; any thing in this or any former act or acts of parliament to the contrary notwithstanding.

V. And whereas by an act paffed in the fifth year of his late Majefty King George the Firft, intituled, An act for fettling certain yearly funds, payable out of the revenue of Scotland, to fatisfy publick debts in Scotland, and other uses mentioned in the treaty of union, and to discharge the equivalents claimed on behalf of Scotland, in the terms of the fame treaty; and for obviating all future difputes, charges, and expences concerning those equivalents; is was enacted, That the respective yearly funds of ten thousand pounds, and two thousand pounds, made payable thereby on account of the equivalent, and for the encouragement of fisheries and manufactures, should, during the continuance thereof respectively, be charged and chargeable upon, and be payable and paid out of, the monies arifen and to arife, from time to time, of or for any the customs, duties, excifes, or revenues that are or fhall be under the management of the commiffioners of the customs, and commiffioners of the excife in Scotland, or either of them, or of any commiffioners, farmers, or managers of these revenues, or any of them for the time being: and whereas fome doubts have arifen, whether by the above recited act, the above refpective yearly funds of ten thousand pounds, and two thousand pounds, can or may be charged upon, and paid out of monies arifen or to arife from any customs, duties, excifes, or revenues, granted or impofed upon that part of Great Britain called Scotland, fince the making of the faid act: now, for preventing the fame for the future, be it declared and enacted by the authority aforefaid, That the said yearly funds of ten thousand pounds, and two thousand pounds, fhall, during the continuance thereof refpectively, yearly, and every year, be paid and payable out of all and every the customs, duties, excifes, and revenues, granted or impofed upon that part of Great Britain called Scotland, that are under the management of the commiffioners of the cuftoms, and commiffioners of the excife in Scotland, or either of them, or of any commiffioners, farmers, or managers of these revenues, or any of them for the time being, fince the making of the faid act, as well as out of the customs, duties, excifes, and revenues, that fubfifted under the management aforesaid, at the time of making the said act; fubject nevertheless to the feveral powers, claufes, and provifions in the faid recited act mentioned and provided.

VI. And

cent.

VI. And it is hereby enacted by the authority aforefaid, That Clause of loan in cafe the faid commiffioners of his Majefty's treasury, or any at 31. per three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, fhall think it adviseable to raise the faid fum of nine hundred thousand pounds, or any part thereof, by loans or exchequer bills, in manner herein after mentioned, that it shall and may be lawful to and for any person or persons, natives or foreigners, bodies politick or corporate, to advance or lend to his Majefty, at the receipt of his Majesty's exchequer, any fum or fums of money not exceeding the faid fum of nine hundred thousand pounds, upon the credit of the faid furpluffes, exceffes, or overplus monies, commonly called The Sinking Fund; and to have and receive for the forbearance of the money lent, intereft after a rate not exceeding three pounds per centum per annum, so as fuch loans be allowed to be made by the said commiffioners of the treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treafury for the time being, who are hereby authorized to iffue their warrants for that purpose as fast as such loans fhall be wanted for the publick fervice; and moreover that no money to be lent upon the fecurity of this act fhall be rated or affeffed to any tax or assessment whatsoever.

VII. And be it further enacted, That all and every perfon Tallies and and perfons who fhall lend any money upon the credit of this orders for act as aforesaid, and pay the fame into the receipt of the exche- repayment, quer, fhall immediately have a tally of loan ftruck for the fame, and an order for his, her, or their repayment, bearing the fame date with his, her, or their tally, in or upon which order fhall be also contained a warrant for payment of interest for the forbearance thereof, not exceeding the faid rate of three pounds to carry 31. per per centum per annum, and to be paid every three months, until cent. intereft. the repayment of the principal; and all fuch orders for repay- Orders to be ment of money fo to be lent fhall be registred in courfe accord- register'd, and ing to the dates refpectively; and that all and every person and paid in course. perfons fhall be paid in courfe, according as their orders fhall ftand registred in the faid register books, fo as the perfon or perfons, natives or foreigners, his, her, or their executors, adminiftrators, or affigns, who fhall have his, her, or their order or orders first entered in the faid books of register, shall be taken and accounted to be the first person or perfons to be paid out of the faid furpluffes, exceffes, or overplus monies; and he, she, or they, who fhall have his, her, or their order or orders next entered, shall be taken and accounted to be the fecond perfon to be paid, and fo fucceffively and in courfe; and that the monies to come in, of, or for the faid furpluffes, exceffes, or overplus monies, commonly called The Sinking Fund, as aforefaid, fhall be in the fame order liable to the fatisfaction of the faid respective perfons, and body or bodies politick or corporate, their executors, adminiftrators, fucceffors, or affigns respectively, without any undue preference of one before another,

D 3

and