16:

after inhabit or occupy, fhall be paid by the landlord or owner of the faid house or tenements respectively.

XXXIV. And be it further enacted by the authority aforefaid, That in all priviledged and other places, being extraparochial, or not within any the conftablewicks or precincts of the refpective affeffors, to be appointed by virtue of this act (although in any monthly or other tax they have not been affeffed or rated heretofore) the faid commiffioners, or any two or more of them fhall, and are hereby required to nominate and appoint two fit perfons living in or near the faid priviledged or other places, as aforefaid, to be affeffors for the faid places, and to make and return their affeffments in like manner as by this act is appointed in any parish, tything, or place, and also to appoint one or more collectors, who are hereby required to collect and pay the fame according to the rules appointed by this act for collecting and paying all fums of money payable by this act.

XXXV. Provided always, That nothing in this act contained fhall be conftrued to alter, change, determine, or make void any contracts, covenants or agreements whatsoever between the landlord and tenant, touching the payment of taxes or affeffments; any thing herein before mentioned to the contrary notwithstanding.

XXXVI. Provided always, and be it further enacted by the authority aforefaid, That no commiffioner or commiffioners who shall be employed in the execution of this act, fhall be liable for, or by reason of fuch execution to any of the penalties mentioned in an act made the five and twentieth year of King Charles the Second, For the preventing of dangers which may happen from popifo recufants.

XXXVII. Provided always, and be it enacted by the authority aforesaid, That from and after the four and twentieth day of June, in the year of our Lord one thousand fix hundred eighty and nine, the officers of the receipt of their Majesties exchequer, fhall and may receive and take for their fees, three farthings in the pound, and no more, for all, or any fum or fums of money to be iffued or paid to any of their Majefties garrifons, or other land forces, out of the monies arifing by an act intituled, An act for the granting a prefent aid to their Majefties, An act intituled, An act for raifing money by a poll, and otherwife, towards the reducing of Ireland, and by this prefent act, or any other act to be granted or made during this present feffion of parliament,

XXXVIII. And it is hereby further enacted by the autho rity aforefaid, That an accompt fhall be given and made unto the commons in parliament affembled, of and for all and every fum and fums of money whatfoever, that fhall be collected, levied and paid to the ufe of their Majesties by virtue of this prefent act, or of any other act or acts made or paffed, or to be made or paffed at any time or times during this present feffions of parliament.

CAP

Commiffioners of the

execute the

power of chancellor.

CAP. XXI.

An alt for enabling lords commiffioners for the great feal to execute the office of lord chancellor or lord keeper.

W

HEREAS their most excellent majefties King William and Queen Mary have thought fit that the office of the lord chancellor or lord keeper of the great feal of England should be executed by commiffioners appointed for the fame under the great feal of England: And whereas feveral authorities, jurifdictions, and powers, are by feveral acts of parliament, and otherwife, vefted, fettled, and placed in the lord chancellor of England, or lord keeper of the great Seal of England for the time being: Now for the preventing of all doubts and questions that may arife, whether all or any of those authorities, jurisdictions, and powers may be exercised by such commiffioners:

II. Be it enacted and declared, and it is hereby enacted and declared by the King's and Queen's most excellent majesties, great feal may and by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by authority of the fame, That fuch commiffioners for the time being may use and exercise at all times according to their commiffions, as of right belonging to the lords commiffioners of the great feal of England for the time being, all and every the fame and like offices, authority, jurisdiction, and execution of laws, and all other cuftoms, privileges, emoluments, and advantages, which the lord chancellor of England, or lord keeper of the great seal of England for the time being, of right ought to have, ufe, or execute, as belonging to their, or either of their said offices, or otherwise howfoever, to all intents and purposes, as if the faid lords commiffioners for the time being were lord chancellor, or lord keeper of the great feal of Their place. England, and thall have, and take place next after the peers of this realm, and speaker of the house of commons, unless any of them fhall happen to be a peer, and then to take place according to his peerage.

One com

&c.

III. Provided always, and be it enacted by the authority miffioner may aforefaid, That any one commiffioner (in the absence of the hear motions, others) may hear motions, and give orders and directions touching the interlocutory proceedings in any cause, so as fuch one commiffioner in the abfence of the others fhall not make any decrees, or put the great feal to any thing whatsoever, whereunto the whole broad feal ought to be affixt, unless there be two commiffioners prefent.

Cuftos rotulorum, how to be chofen.

IV. And be it further enacted by the authority aforesaid, That the nominating and appointing of the cuftas rotulorum, throughout all the thires and counties of this realm, is and 37 Hen. 8. c. 1. fhall be as is directed by a ftatute made in the thirty seventh year of Henry the Eighth, intituled, A bill for custos rotulorum, and the clerkship of the peace; any law, ufage, or ftatute to the contrary in any wife notwithstanding,

L

V. And be it further enacted by the authority aforefaid, Clerk of the That the cuftos rotulorum, or other perfon, to whom of right it peace how to doth or fhall belong to nominate or appoint the clerk of the be appointed. Carthew 426. peace for any county, riding, divifion, or other place, fhall, from time to time, where the office of the clerk of the peace now is, or hereafter shall be void, nominate and appoint one able and fufficient perfon refiding in the faid county, riding, divifion, or other place, for which he is fo appointed or to be appointed clerk of the peace, to execute the fame by himself or his fufficient deputy, and to take and receive the fees, profits, and perquifites thereof, for fo long time only as fuch clerk of the peace fhall well demean himself in his faid office.

clerk of the

peace.

Who shall nominate upon

VI. And be it enacted by the authority aforefaid, That if Juftices of any clerk of the peace already nominated or to be nominated, peace may as aforefaid, fhall misdemean himself in the execution of the discharge faid office, and thereupon a complaint and charge in writing of fuch misdemeanor shall be exhibited against him to the juftices of the peace in their general quarter feffions, it fhall be lawful for the faid justices, or the major part of them, from time to time, upon examination and due proof thereof, openly in their faid general quarter feffions, to fufpend or discharge him from the laid office; and that in such case the cuftos ratulorum, or other perfon, to whom it fhall of right belong to nominate and fuch vacancy. appoint the clerk of the peace for fuch county, riding, divifion, or place, fhall nominate and appoint one other able and fufficient perfon refiding in the faid county, riding, divifion, or place, as aforefaid, to be clerk of the peace in the place of fuch perfon fo amoved, as aforefaid; and in case of refufal or neglect to make fuch nomination and appointment, before the next general quarter feffions to be holden after the faid refufal, that it fhall and may be lawful for the faid juftices of the peace, at their general quarter feffions for the faid county, riding, division, or place, or the major part of them, to nominate and appoint one able and fufficient perfon refiding in the faid county, riding, divifion, or place, to be clerk of the peace in the place of fuch perfon fo amoved, as aforefaid, to have, hold, and enjoy the faid office of clerk of the peace, and to execute the fame by himself, or his fufficient deputy, and to receive the fees, profits, and perquifites thereof.

VII. Provided always, and be it enacted by the authority New clerk of aforefaid, That he fhall be liable and fubject to all the penalties, the peace forfeitures, conditions, limitations, and provifions herein and liable to pe hereby mentioned and expreffed, and may be amoved or dif- nalties, &c. charged by the faid juftices, or the major part of them, in fuch manner and way as is above specified.

VIII. And be it further enacted by the authority aforefaid, Cuftos rotuloThat it shall not be lawful for any cuftos rotulorum, or other rum, &c. thall perfon, to whom of right it doth or fhall belong to nominate, take no tee. elect, or appoint any clerk of the peace, to fell the faid place of clerk of the peace, or to take any bond or other affurance to receive or have any reward, money, fee, or profit, directly or

indirectly,

Penalty upon buyer and feller.

Clerk of the

indirectly, to him or any other perfon, for fuch nominating, electing, or appointing, but that every fuch cuftos rotulorum, or other person that fhall fo fell the clerkship of the peace, and every clerk of the peace, who fhall fo buy his place, are hereby difabled to hold their places of cuftos rotulorum, or clerkship of the peace, and fhall also each of them refpectively forfeit double the fum or value of other thing that fhall be fo given or taken, to be recovered by him or them to their own ufe that fhall fue for the fame, to be profecuted by any action of debt, fuit, bill, plaint, or information, in any of their Majesties courts at Westminster, wherein no effoin, protection, or wager of law fhall lie.

IX. And be it further enacted by the authority aforesaid, peace to take That every clerk of the peace, before he enter upon the executhe following tion of his faid office, fhall in open feffions take the oath following, viz.

oath.

Not to extend

I

A. B. do fwear, That I have not, nor will pay any fum or fums of money, or other reward whatsoever, nor given any bond or other affurance to pay any money, fee, or profit directly or indirectly to any perfon or perfons whomfoever, for fuch nomination or appointment. So help me God.

X. Provided always, That nothing in this act contained shall to Lancaster. any ways affect or relate to the clerk of the peace for the duchy and county palatine of Lancafter only; which faid clerk of the peace holds his faid office for lives, by grants from his late Majefty King Charles the Second, as his predeceffors in the faid place have done, from former Kings and Queens of this realm, in right of their duchy and county palatine aforefaid. This act to commence from the first day of May, one thousand fix hundred eighty nine.

CAP. XXII.

An act for the exportation of beer, ale, cyder, and mum. OR the advancement of trade and encouragement of tillage and manufacture of this realm, be it enacted by the King's and Queen's most excellent majefties, by and with the advice and confent of the lords fpiritual and temporal, and commons, in parliament affembled, and by the authority of the fame, That Ale, &c. may from and after the twenty fourth of June, in the year of our be exported. Lord one thousand fix hundred eighty nine, it fhall and may be lawful for any perfon in any fea port, or upon any navigable river, to export and ship off as merchandize, within any of the ufual and allowed ports by law, and at the common keys for exportation and lading on board of merchandize, or keys to be appointed for that purpofe, and within the ufual hours of excife, for account of himself or any other (to be exported into foreign parts) in the prefence of a fworn gager, or other fworn officer to be appointed by the farmers, commiffioners or fubcommiffioners of their Majefties excife, upon notice thereof to

them

them given at the office of excise, within the limits whereof the faid ale, beer, cyder, and mum, was brewed or made, of the refpective port or place whence the fame shall be shipped, any fort of ftrong ale, ftrong beer, cyder, or mum, to be spent beyond the feas, paying cuftom for the fame after the rate of one The custom. Thilling for every ton, which fhall be exported in any English or foreign veffel, and no more or other duty whatsoever; which faid gager or officer aforefaid fhall certify the quantity of the faid beer, ale, cyder, or mum shipped off, to the commiffioners and officers of excife, where the entry thereof shall be made, who are hereby required to make allowance, or repay the ex- Excise repaid. cife of the beer, ale, cyder, or mum fo exported, unto the brewer or maker thereof, within one month after fuch exportation, deducting three pence per ton for the charges of their officers, and no more.

II. And be it further enacted by the authority aforefaid, That Penalty upon if any merchant or mafter of any fhip or veffel, or other perfon,

merchant un

fhall cause or suffer any of the faid liquors fo fhipped in any lading, &c.

veffel, as merchandize, to be unshipped, unladen, and laid on land, or put into any other fhip or veffel, within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, he or they shall forfeit the fame, and fifty pounds of lawful money of England more for every cafk he or they fhall fo unduly land, or put aboard any veffel, to be recovered in any of his Majefty's courts of record, by information, bill, or plaint; the one moiety of which forfeiture fhall be to the use of the King's and Queen's most excellent majesties, the other moiety to the informer or prosecutor. And to the intent their Majefties duties of excife may not be prejudiced for fuch beer, ale, cyder, Ale, &c. Spent or mum, as shall be spent on fhipboard, their Majeftics com- on fhipboard. miffioners and officers of the customs are hereby required and enjoined to charge every mafter of any ship or vessel in his victualling bill with fo much beer, ale, cyder, or mum, and no more, as fuch number of men use to spend in fuch voyages; the excife whereof to be recovered according to the laws and rules already established.

levied.

III. And be it further enacted by the authority aforefaid, Cuftom how That the aforefaid rate of one fhilling the ton for beer, ale, cyder, and mum to be exported, as aforefaid, fhall be levied and paid under such rules and penalties, and for fuch time, and in fuch manner, as by the laws of tonnage and poundage are ordained.

IV. Provided always, and be it enacted by the authority Excife, &c. for aforefaid, That no mum imported from foreign parts, during foreign mum the continuance of this act, fhall have any part of the duty of not repaid. custom or excife, which was paid at the importation thereof, repaid upon exportation; any law, statute, or usage to the contrary in any wife notwithstanding.

CAP. XXIII.

An act for reviving two former acts for exporting of leather. Revived for feven years, paying a duty. 9 Ann, c. 6. f. 4. and further 3 Geo. 1. c. 7. f. 1.

20 Car. 2. c. 5.

1 Jac. 2. C. 13. continued by

CAP.