Comptroller of excife to

keep a distinct

account of the duties.

three months.

Orders to be affignable.

A regifter to be kept of all the faid or

commiffioners and governors for the management and receipt of the excife, and be incapable of any office or place of trust whatsoever, and fhall be liable to pay the full value of any fum or fums so diverted or mifapplied, to any perfon or perfons, who will fue for the fame, by any action of debt, or of the cafe, bill, plaint, or information, in any of his Majefty's courts of record at Westminster, wherein no effoin, protection, wager of law, privilege of parliament, or other privilege, or more than one imparlance, fhall be granted or allowed.

XXXIV. And be it further enacted, That the comptroller of the excife for the time being, shall keep a perfect and diftinct account of all the monies which shall arife by the faid duties on low wines, fpirits and sweets hereby granted, as the fame shall from time to time arife, come or be brought into the faid office of excife; to which account all perfons concerned shall have free accefs at all seasonable times, without fee or charge.

On making XXXV. And be it further enacted by the authority aforesaid, fuch loans, That from time to time, upon making any fuch loans as aforetallies to be faid, on credit of the faid duties on low wines, fpirits and ftruck, and orders for re- fweets, tallies of loan fhall be levied for all and every sum and payment with fums of money fo to be lent; and that orders, according to the intereft every courfe of the Exchequer, fhall be drawn and figned for repayment of the fame, and for payment of fuch intereft, as aforefaid, for the forbearance thereof; the faid intereft to be paid every three months until fatisfaction of the principal fum: and that all and every such order or orders, and the monies therein to be contained, or any part thereof, fhall be affignable and transferrable without power of revocation, fo as the affignments thereof be endorsed upon the respective orders, and entred or notified in the office of the auditor of the receipt of the Exchequer, in a book to be there kept for that purpose: and that a distinct register shall be kept in the said receipt of Exchequer, of ders, and or- all the faid orders of repayment, not exceeding feventy thousand ders to be paid pounds, in which the faid orders fhall be registred in course, as they stand according to the date of the tallies refpectively, without any other preference of one before another: and that every person fhall be paid in course, as his order shall stand entred in fuch regifter book, out of the faid duties upon low wines, spirits and Tweets, by this act granted, which are hereby appropriated thereunto; and that no fee, reward or gratuity, directly or indirectly, fhall be demanded or taken, for providing or making any fuch book or register, or for any view or fearch in the fame, by any of his Majefty's officers, their clerks or deputies, on pain of forfeiting treble damages to the party grieved, to be recovered as aforefaid, either for demanding or taking any fuch fee or gratuity, or for giving any undue preference in point of registry or payment.

entred.

No fee to be taken for regiftry or jearches. Penalty.

Orders of the

fame date, no undue prefe

rence.

XXXVI. Provided always, That if it happen that feveral of thofe tallies and orders bear date, or be brought the same day to the auditor of the receipt to be regiftred, it thall be interpreted no undue preference which of thofe he entred first.

XXXVII. Pro

XXXVII. Provided alfo, That it shall not be interpreted any Nor where undue preference to incur any penalty in point of payment, if money is reserved for the auditor direct, or the clerk of the pells record, and the telfatisfying prelers do pay fubfequent orders of perfons that come and demand cedent orders. their monies, and bring their order before other perfons that did not come to demand their money, and bring their order in their course, so as there be fo much money referved as will fatisfy precedent orders; which fhall not be otherwife difpofed, but kept for them; yet fo as that intereft of loan fhall in that cafe Interest to cease, cease from the time the money is so reserved and kept in bank for them.

branches of

- XXXVIII. And whereas feveral tallies of Pro, or affignment, and other tallies, have been levied or ftricken at the receipt-of his Majesty's Exchequer, upon the said hereditary branch of his Majesty's revenues of excife, upon beer, ale, and other liquors, and upon that part of the faid revenues of excife, which is granted to his Majefty during his life (which God preferve) or upon either of them jointly or feverally, and divers fums of money upon the faid tallies, do now remain unfatisfied, which with intereft for the fame, or for fome of them, are appointed or intended to be fatisfied or paid out of the produce of those branches of excife in courfe, according to the dates of the said tallies fo remaining unfatisfied: be it therefore further enacted by the authority aforefaid, That weekly and every week, from and after the twentieth day of April, one thousand fix hundred ninety 6000l. a week fix, the fum of fix thousand pounds, out of the money from to be feparatime to time arifing in the office of the general receipt, for the ted from the particular branches or duties of excife before mentioned, which excife, &c. are commonly called the hereditary and temporary excife, or for payment either of them, fhall be feparated and kept apart, and shall up- of tallies and on Wednesday in every week, if the fame be not an holiday, but intereft. if the fame be an holiday, then the next day after that is not so, be iffued, paid and applied, and the fame is hereby appropriated, to and for the payment and fatisfaction of the said tallies already levied, and now remaining unfatisfied on the faid particular branches of excife, or either of them, and the interest thereof, not exceeding the rate of fix pounds per centum per annum, until the fame fhall be fully fatisfied and paid off; and from and after the full fatisfaction thereof, then the like weekly And after apfum to arife, as aforefaid, fhall in like manner be separated and plied for paykept apart, iffued, paid and applied, and the fame is hereby 400,000 1. borappropriated, to and for the repayment and fatisfaction of fuch rowed on this further fum and fums of monies, not exceeding in the whole the act, fum of four hundred thousand pounds, as by or upon the credit of this act shall be borrowed or charged thereupon, as part of the faid fum, not exceeding five hundred and fifteen thoufand pounds, intended to be raised for the feveral purposes aforesaid, and the intereft of the monies fo to be borrowed, not exceeding feven pounds per centum per annum for the first two hundred Interest, thousand pounds, and eight pounds per centum per annum for the remaining two hundred thousand pounds, fo as that the tallies

Hh 3

for

ment of

and interest

every three months.

Tallies to be for the principal fums refpectively, fhall be paid in course, acpaid in courfe, cording to their respective dates, until the fame fhall be fully difcharged and paid off; and the interest upon every such tally fhall be paid every three months, until the fatisfaction of the Explained as to principal; and the chief commiffioners of his Majesty's revetallies by nues of excife for the time being, are hereby authorized, and 8 W.3.c.3.1.3. ftrictly enjoined and required, to cause the faid weekly fum, arifing, or to arife, as aforesaid, to be paid and applied accordingly, without diverting or misapplying the fame, or any part thereof, to any other ufe, intent or purpose whatsoever, and without giving any undue preference in the payment of the said tallies last mentioned, or any of them, under the penalty of forfeiting treble damages, befides cofts of fuit, to the party grieved, who shall or may fue for or recover the fame by action of debt, or on the cafe, or by bill, fuit or information, as aforefaid; and in cafe in any week or weeks the whole receipt of the monies upon the faid particular branches, called, The hereditary and temporary excife, fhall not be fufficient to answer the weekly payment or payments hereby directed for fuch particular week whole receipts. or weeks, That then and fo often, the deficiency or deficiencies thereof shall be fupplied and made good out of the whole receipts upon the faid particular branches of excife arifing in the next, or any fubfequent week or weeks wherein such receipt or receipts fhall be fufficient to bear or make good the fame.

Deficiency of weekly pay

ments to be made good out of the

XXXIX. And be it further enacted by the authority aforefaid, That the monies which fhall be lent and secured by fuch tallies as aforefaid, and the tallies for the fame, and the intereft thereof, fhall be affignable and transferrable from one perfon to another, and fo over, without power of revocation, so as the affignments or transferrences thereof be entred or notified in a book for that purpose, to be kept in the head office of the excife in London; and that no money fo to be lent on credit of the faid weekly fum of fix thousand pounds, fhall be charged or affeffed to or for any publick tax or impofition whatsoever.

XL. And to the end all the monies hereby appropriated, or intended to or for the fatisfaction of the faid tallies laft mentioned, and the intereft thereof, may be duly applied thereunto and not diverted to any other use, be it further enacted by the authority aforefaid, That there fhall be provided and kept by the faid commiffioners of excife, in their head office aforefaid, one book, in which all the said tallies, levied or to be levied, as aforefaid, upon producing or fhewing the fame to them or their clerk, to be appointed for keeping the faid book, shall be entred and regiftred, and the particular dates thereof shall be expreffed, according to which dates every person is to be paid in courfe, as aforefaid; and that all perfons concerned fhall have free access to the faid book at all seasonable times; and that no fee, reward, or gratuity, directly or indirectly, fhall be demanded or taken by the faid commiffioners of excife, or any of their officers, clerks or substitutes, for the payment of the said tallies, or any of them, or of any view, fearch or entry, concerning

the

the fame, under the penalty that the person offending therein, Penalty, fhall be forejudged from his place or office, and be uncapable

to ferve his Majesty therein.

tally is not

XLI. Provided always, and it is hereby declared, That it No undue preshall not be interpreted an undue preference or misapplication, ference where where any tally or tallies fhall not be brought to the faid office brought in to be entred, before they come in course of payment, to fatisfy courfe. any tally of a fubfequent date before the fame; and if it shall happen that several tallies shall bear the fame date, the faid commiffioners may cause them to be entred and fatisfied one after another; and it fhall not be interpreted any undue preference to incur any penalty in point of payment, if the said commiffioners of excife do pay fubfequent tallies of persons who come and demand their money, and bring their tallies before other perfons that did not come to demand their money, and bring their tally in course, so as there be so much money reserved as Intereft to will fatisfy preceding tallies, which fhall not be otherwife dif- ceafe, when money is repofed, but kept for them; nevertheless in such cases the intereft ferved for hall ceafe from the time the money is fo referved and kept in payment of bank for them. tallies.

XLII. Provided always, That any thing in this act contained, concerning the faid weekly payment, thall not be construed to obftruct or hinder the payment of falaries or other incident charges, neceffary for the management of his Majesty's reve nues of excife upon beer, ale and other liquors; any thing in this act contained to the contrary notwithstanding.

?

XLIII. And whereas feveral tallies of Pro of affignment, or other tallies, have been alfo levied or ftricken at the receipt of the Exchequer, upon his Majesty's said revenue arising in the general letter-office or poft-office, and divers fums of money upon the fame tallies do now remain unsatisfied: be it further enacted by the authority aforefaid, That weekly and every week, 600l. a week from and after the twentieth day of April, one thousand fix hun- to be paid out dred ninety fix, the fum of fix hundred pounds out of the mo- of the postoffice for faney or revenue from time to time arifing in the general letter- tisfying tal, office or post-office before-mentioned, fhall be feparated and lies; kept apart, and fhall (upon Wednesday in every week, if the fame be not an holiday, and if it be, then the next day after that is not an holiday) be iffued, paid and applied, and the fame is hereby appropriated to and for the payment and fatisfaction of the faid tallies already levied, and now remaining unsatisfied on the faid revenue ariling in the faid office, and the interest thereof, not exceeding the rate of fix pounds per centum per annum, until the fame fhall be fully fatisfied and paid off; and and after fa from and after the full fatisfaction thereof, then the like weekly tisfaction fum of fix hundred pounds out of the revenue arifing in the faid thereof, to general letter-office, or poft-office, fhall in like manner be fe- be applied for payment parated and kept apart, iffued, paid and applied, and the fame of 45,000 1. is hereby appropriated to and for the repayment and fatisfaction with interest. of fuch further fum and fums of money, not exceeding in the whole the fum of forty five thousand pounds, as by or upon

Hh 4

the

the credit of this act fhall be borrowed or charged thereupon, as part of the faid fum, not exceeding five hundred and fifteen thousand pounds intended to be raised for the feveral purposes aforefaid, and the intereft thereof, not exceeding feven pounds per centum per annum, so as that the tallies for the principal fums refpectively fhall be paid in course, according to their respective dates, until the fame fhall be fully discharged and paid Tallies to be off; and the intereft upon every fuch tally thall be paid every paid in course three months, until fatisfaction of the principal; and his Maand intereft jefty's post-mafter and post-masters general for the time being, every three and the receiver general in the poft-office for the time being, are months. hereby authorized and strictly enjoined and required to cause the faid weekly fum of fix hundred pounds to be paid and applied accordingly; and all matters and things by this act before appointed or directed, for or concerning the due and regular payment of the said tallies at the excife-office, by the commiflioners or other officers there, fhall be observed and executed, in relation to the payment of the faid tallies hereby appointed or intended to be paid at the general letter-office or poft-office by the faid poft-mafters, or other the proper officers there, and under the like penalties, as if the clauses in that behalf were again repeated in this act.

Regular pay

ment to be obferved, under penalties.

A&t not to hinder the payment of the yearly fums granted to the prince and princets

of Denmark..

Nor the annuity to the Cleveland, &c.

duchefs of

XLIV. Provided always, and be it enacted by the authority aforefaid, That this act, or any thing herein contained, shall not extend, or be conftrued in any wife to hinder or delay any payment or payments whatsoever, grown due and incurred, or hereafter to grow due, for or upon the feveral and respective yearly fums of thirty thousand pounds, and twenty thousand pounds by the year, granted to feveral perfons in truft for his royal highness prince George hereditary of Denmark, and her royal highnefs the princefs Anne of Denmark, and for fuch further uses as are mentioned in feveral letters patents under the great feal of England, bearing date on or about the twentieth day of February, one thousand fix hundred eighty five, and the twenty third day of May, one thousand fix hundred and ninety, but that the monies granted or settled by the said several letters patents fhall, according to the tenor thereof, be duly paid and fatisfied out of the several branches of his Majefty's revenue yearly, charged therewith, as if this act had never been made; any thing herein contained to the contrary notwithstanding.

XLV. Provided nevertheless, That nothing in this present act shall be taken or conftrued to take away or interrupt the payment of one annuity or yearly fum of four thousand feven hundred pounds, due and made payable out of the profits arifing out of the faid poft-office, unto the most noble Barbara, duchess of Cleveland, or to her trustees named in certain letters patents bearing date the nineteenth day of January, in the twentieth year of the reign of his late majesty King Charles the Second, and confirmed afterwards by an act of parliament made in the two and twentieth and three and twentieth years of the faid King, but that the fame fhall remain payable unto her, or

her