And perfons appearing in

court, on

recognizance or fubpoena, to give evidence, fhall in like manner be

allowed their expences, etc.

The quarter feffions to

make regula tions for allowing the befort-mentioned ex. pences;

which are to be approved

treasurer of the faid county, riding, or divifion, is hereby authorized and required, upon fight of fuch order, forthwith to pay to fuch profecutor, or other perfon authorized to receive the fame, fuch fum of money as alorefaid, and thall be allowed the

the judges at the aflizes, etc.

Limitation of actions.

fame in his accounts.

VIII. And be it further enacted by the authority aforefaid, That it fhall and may be in the power of the court, where any perfon fhall appear, on recognizance or fubpoena, to give evidence as to any grand or petit larceny or other felony, whether any bill of indictment be preferred or not to any grand jury, provided the faid perfon fhall, in the opinion of the faid court, bona fide have attended the faid court in obedience to fuch recognizance or fubpœna, to order the treasurer of the county, riding, or division, in which the offence hall have been committed, or shall have been fuppofed to have been committed, to pay unto such person such fum of money as to the faid court fhall feem reasonable, not exceeding the expences which it thall appear to the faid court the faid perfon was bona fide put unto by reafon of the faid recognizance and fubpoena, making, in cafe the faid perfon fhall appear to the court to be in poor circumftances, a reasonable allowance to fuch perfon for trouble and lofs of time; which order the clerk of affize, or clerk of the peace, respectively, is hereby directed and required forthwith to make out and deliver to fuch perfon, upon being paid for the fame the fum of fixpence, and no more; and the treasurer of the faid county, riding, or divifion, is hereby authorised and required, upon fight of fuch order, forthwith to pay to fuch perfon, or other perfon authorised to receive the fame, fuch fum of money as aforefaid, and shall be allowed the fame in his accounts.

IX. Provided nevertheless, and be it further enacted, That it fhall and may be lawful for his Majefty's juftices of the peace, in and for any county, riding, divifion, city, town corporate, franchile, or liberty, in quarter feflions affembled, to lay down or alter, from time to time, fuch rules and regulations, as to any cofts or charges thereafter to be allowed to any perfon whatfoever, by virtue of any part of this act, for the better carrying the intent of any part of this act into execution, and for the preventing any unneceflary expence, as to them fhall feem most just and reafonable; which rules and regulations, having received the approbation and fignature of one or more of his Majefty's judges of oyer and terminer, or general gaol delivery, at the affizes for the county wherein fuch rules and regulations fhall have been made, fhall be binding, and not otherwife, on all perfons whatfoever; and no perfon whatfoever shall be allowed any greater fum of money, by virtue of this act, than according to the faid ules and regulations fo approved of as aforefaid, any thing herein contained to the contrary thereof in anywife notwithftanding.

if

X. And be it further enacted by the authority aforefaid, That any action or suit shall be commenced against any person or perfons for any thing done in pursuance of this act; that then,

and

and in every fuch cafe, the action or fuit fhall be brought within fix calendar months next after the fact committed; and the defendant or defendants in such action or fuit may plead the gene- General issue. ral iffue, and give this act and the special matter in evidence, at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act : and if it shall appear so to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff fhall be nonfuit, or difcontinue his action after the defendant or defendants fhall have appeared, or if judgement fhall be given, upon any verdict or demurrer, against the plaintiff, the defendant and defendants fhall and may recover treble cofts, and have the like remedy for the fame as Treble cofts. the defendant or defendants hath or have in other cafes by law.

County or Bo-21

rough, &c. to wit.

I. Form of awarding costs.

and

one (or, We

being two (of
his Majesty's juftices of the peace in and for the
aforefaid, in pursuance of an act,
made in the eighteenth year of his majesty King
George the third, intituled, An act for the pay-
ment of costs to parties, on complaints deter-
mined before juftices of the peace out of feflions;
for the payment of the charges of conftables in
certain cafes; and for the more effectual pay-
ment of charges to witnesses and profecutors of
any larceny, or other felony; on the complaint of
[here ftate the names of the par-
ties, and the offence generally, and the date]
against
for
which faid complaint was heard and determined by

on the

do award the following cofts to be paid by

day of

videlicet;

[here ftate the cofts.]

II. Form of warrant of distress and fale.

To the constable of

and to all other his Majefty's conftables in and for

to wit.

апс

W

HEREAS

of his Majesty's

juftices of the peace in and for the

aforefaid, in pursuance of an act, made in the eighteenth year of his

majesty King George the third, intituled, An act for the payment of colts to parties, on complaints determined before juftices of the peace out of feffions; for the payment of the charges of conftables in certain cafes; and for the more effectual payment of charges to witneffes and profecutors of any larceny, or other felony; have awarded, on the now laft paft, on the complaint of

for

of

against the following costs to be paid by videlicet; [here ftate the fum:] And whereas the faid being ordered by the faid justice

(or juftices) to pay fuch fum (or fums) as aforefaid, hath not paid down or given fecurity for the fame, to the fatisfaction of

the faid juftice (or juftices ;) these are therefore to command

you, and each and every of you, to levy the said sum of

by difirefs and fale of the goods and chattels of the faid

and do hereby order and direct the goods and chattels fo to be diftrained to be fold and difpofed of within days, unless the faid fum of

for which fuch dijlrefs fhall be made, together with the reasonable charges of taking and keeping fuch diftrefs, shall be sooner paid; and you are hereby alfo commandea to certify unto

what

you shall have

done by virtue of this

warrant.

to wit. I do hereby certify to }I

7

conftable of

justice (or juftices) of the peace of

that I have made diligent fearch for, but do not know, nor can find any goods and chattels of

by diflrefs and fale whereof I may levy the fum

to wit.

pursuant to

dated the

day of

warrant for that purpose,

and alfo to the keeper of the house of correction

at

لم

WHERE

1

WHEREAS, in pursuance of an act, made in the eighteenth

year of his majesty King George the third, intituled, An act
for the payment of costs to parties, on complaints determined
before juftices of the peace out of feffions; for the payment of
the charges of conftables in certain cafes; and for the more ef-
fectual payment of charges to witneffes and profecutors of any
larceny, or other felony;
of his Majefty's juftices of

the peace, in and for the faid
warrant of distress and sale, directed to
conftable of the faid

of

did iffue

ordering the faid conftable to levy the faid fum of
of the goods and chattels of the faid

of

in manner and form as therein is mentioned: and whereas it appears ta by the return of

conftable of
that he hath made diligent fearch,
any goods and chattels of the faid
whereof the faid fum of

dated the

day of

but doth not know of, nor can find
by distress and fale
may be levied, pursuant

to the faid warrant thefe are therefore to command you, the faid

constable of

to apprehend the said

and convey the faid
to the Jaid houfe of correction at
and to deliver the faid

there to

the faid keeper of the faid houfe of correction: and thefe are alfo to
command you, the faid keeper of the faid house of correction, to receive
the said
into the faid houfe of correction, and
there to keep to hard labour for the space of
date hereof, or until fuch fum of

the expences attending the commitment of the faid

from the together with

to the faid house of correction, be first paid, or until the faid be difcharged by due courfe of law.

Given under

the

hand and feal (or hands and feals) at
day of

CA P. XX.

An act for further continuing the duties granted by three acts; made in the fifth and twenty-fifth years of his late majesty King George the second, and in the third year of his prefent Majesty's reign, for enlarging the pier and harbour of Scarborough, in the county of York.

CA P. XXI.

An act for the more effectually carrying into execution the powers contained in two feveral acts of parliament, the one made in the twelfth year of his prefent Majesty's reign, for making a navigable cut or canal from the river Dee, within the liberties of the city of Chefter, to or near Middlewich, and Nantwich, in the county of Chefter; and the other madé in the seventeenth year of his faid Majefty's reign, for varying and en larging the powers of the faid former act.

CA P. XXII.

An act for raising a certain fum of money by way of annuities, and for establishing a lottery.

Preamble. 6,000,000l. to be raised by annuities, and 480.000 1. by a lot. tery. Contributors to the fum of 6,000,000l. to be intitled to certain annuities; which fhall be charged upon a fund to be established this fef

C3

fion, and collaterally upon the finking fund. Contributors may have the annuity of 21. 10s. per cent. for life, instead of for 30 years, upon producing a proper certificate to the auditor of the exchequer before Dec.22,1778. Every contributor of 500l. fhall, upon payment of 401. more, be intitled to four lottery tickets. Preamble; reciting that books have been opened at the bank, and deposits made, pursuant to a resolution of the house of commons. All perfons who have made deposits, pursuant to the aforefaid refolution, are required to pay the remainder of their fubfcriptions at certain times specified. Subfcribers to the annuities to be allowed interest for all monies paid in advance. Subfcribers to the lottery, on paying in the whole of their fubfcriptions, fhall receive tickets to the amount thereof. Subscribers to the 6,000,000l. intitled to an annuity of 31. per cent. and also to an annuity of 21. 10s. for 30 years; both payable half-yearly. All contributors who fhall pay in the whole of their contribution money before June 30, 1778, may receive the half year's annuity due July 5, 1778, on the annuity of 2 1. 10 s. when they receive the half year's annuity due on the 3 per cent. otherwise they shall not receive the said annuity until Jan.1779, Annuities to be payable and transferrable at the bank of England, etc. Cashier of the bank to give receipts to contributors for money received ¿ which shall be affignable, etc. Directions for the cashier in relation to such receipts. Cashier to give fecurity, to the good liking of the commiffioners of the treasury; and to pay all monies received into the exchequer. Commiffioners of the treasury impowered to apply the money paid in by the cashier. A book to be provided in the accountant-general's office, in which contributors names fhall be entered, etc. After contributors shall have paid their fubfcriptions, they will be intitled to receive the annuities granted by this act; which thall be tax-free. Subscriptions paid in part, and not completed, shall be forfeited to the publick. As foon as contri butors have completed their payments, the fums fubfcribed fhall, in the books of the bank, be placed to their credit. Accountant-general, on payment of 351. per cent. of their contributions, before Dec. 18, 1778, to give credit to the contributors for the annuity of 21. 10s. which shall be transferrable. Certain rates appropriated for payment of the annuities granted by this act. Governor, etc. of the bank to appoint a chief cashier, and accountant general. Monies to be issued at the exchequer to the chief cashier, for payment of annuities created by this act. Accountantgeneral to examine receipts and payments. Annuities to be deemed perional eftate. Books to be kept by the accountant general, wherein thall be entered all transfers of fums advanced on this act. Method of transferring. The annuities of 21. 10 s. per cent. per ann. fhall be a separate ftock from the other annuities. Perfons poffeffed of stock may devife the fame by will, etc. Commiffioners of the treasury to discharge all incidental charges attending the excution of this act. The 3 per cent, annuities granted by this act shall be added to the joint ftock of 3 per cent. transferrable at the bank, etc. The bank to continue a company till redemption of the annuities. 480,000l. to be raised by a lottery; the prizes whereof to be paid out of any fupplies granted this feffion. Guardians, having the difpofal of infants money, may contribute to the loan, etc. Contributors, for every 100l. they fhall advance, to be intitled to an annuity of 21. 10 s. per annum for 30 years, or for life. Life annuities to be paid at the exchequer half yearly. Cashiers of the bank to give certificates to contributors who chute life annuities, which may be affigned before Dec.21,1778. Cashiers to transmit to the auditor of the exchequer a book containing the names of the contributors, etc. Contributors fhall deliver their certificates to the auditor, before Dec. 22, 1778, to be exchanged for orders; and name their nominees. Auditor to caufe orders for payment to be made out as foon as convenient, which fhall be figned by the commiffioners of the treasury. Books to be kept in the offices of the auditor and clerk of the pells, containing the names of the contributors, etc. Part of the money to arife from the new duties to be fet apart for payment of the annuities on lives. On death of nominees, annuities to cease. Life annuities may be transferred. Transfer to be entered at the exchequer. When contributors, etc. demand payment of their annuIties in the abfence of their nominees, they muft produce certificates of

10s.

their