Preamble. Recital of 13 Geo. 3. cap. 64. W HEREAS by an act, passed in the thirteenth year of the reign of his prefent Majefty, intituled, An act for granting to his Majesty a fum of money, to be raised by exchequer bills; and to be advanced and applied in the manner, and upon the terms, therein mentioned, for the relief of the united company of merchants of England trading to the East Indies; it was directed, That the commiffioners of his Majesty's treasury, or the lord high treasurer for the time being, fhould caufe to be prepared and made any number of exchequer bills not exceeding in the whole the amount of one million four hundred thousand pounds, to be lent, advanced, and issued, as in the faid act was directed, for the relief of the united company of merchants of England trading to the East Indies and whereas by the faid act it was declared, That in the then circumstances of the Eaft India company, it would not be in their power to provide for the repayment of the loan aforefaid, and for establishing their affairs upon a more fecure foundation for the time to come, unless the publick should agree to forego, for the then prefent time, all participation in the profits arising from the territorial acquifitions and revenues lately obtained in the Eaft Indies; and therefore it was by the faid act enated, That until the aforesaid sum of one million four hundred thousand pounds fhould be repaid, and the bond debt of the company be reduced to the fum of one million five hundred thousand pounds, the whole clear profits arising from the aforefaid territorial acquifitions and revenues, after defraying the charges and expences attending the fame, together with all the clear revenue and profits of the faid company, after providing for the current payments of intereft, and other outgoings, charges and expences, of the faid company, should, from time to time, e difpofed of and applied in the manner as in the faid act was directed; (that is to fay) until the aforefaid fum of one million four hundred thousand pounds fhould be repaid, and fo long as the faid fum, or any part thereof, fhould remain unpaid, there should, in the first place, be fet apart and applied, out of the faid clear revenues and profits, fuch a fum as might be fufficient for answering a dividend to the proprietors of the flock of the faid company, not exceeding the rate of fix pounds per centum per annum upon the capital flock of the faid company; and all the furplus of the faid clear revenues and profits fhould be applied in diminution of the faid fum of one million four hundred thousand pounds, or fuch part thereof as fhould be remaining unpaid, and for defraying the charges. incurred in respect thereof; and after the repayment of the whole of the money fo advanced and applied as aforefaid, and until the bond debt of the faid company should be reduced to the fum of one million five hundred thousand pounds, there should in like manner be fet apart and applied, in the first place, out of the said clear revenues and profits, fuch fum as might be fufficient for anfwering a dividend, not exceeding the rate of feven pounds per centum per annum upon the capital flock of the faid company; after which all the furplus of the faid clear revenues and profits fhould be applied in reducing the bond debt of the Said company: And whereas the faid fum of one million four hundred thousand pounds has been repaid, and fully discharged, and all the charges incurred in respect thereof have been defrayed, and the bond debt obtained in 1780. debt of the said company has been reduced to, or under, the fum of one All the terrimillion five hundred thousand pounds, whereby the circumflances, in torial acquificonfideration whereof it was in the aforefaid act declared that the tions and revepublick should agree to forego, for the then prefent time, all participa- nues, lately tion in the profit arising from the territorial acquifitions and revenues the East Indies, lately obtained in the East Indies, have ceafed and are determined; to remain in but whereas notwithstanding it may be expedient that the aforesaid pofleffion of territorial acquifitions and revenues fhould, for a limited time, and the company under certain conditions and restrictions, remain in the poffeffion of the till April 5, united company of merchants of England trading to the East Indies: may it therefore please your Majefty that it may be enacted; and be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the No dividend authority of the fame, That all the territorial acquifitions and to be made by revenues, lately obtained in the East Indies, fhall remain in the before April 5, poffeffion of the united company of merchants of England trad- 1780, of more ing to the East Indies, and their fucceffors, for and during the than eight pers. term of one year, to be computed from the fifth day of April, cent per ann. in the year of our Lord one thousand seven hundred and feventy nine. the company, The company continuance II. Provided always, and be it further enacted by the authority are to caule to aforefaid, That, for and during the faid term, the whole clear be made up profits arifing from the faid territorial acquifitions and revenues, half yearly, after defraying the charges and expences attending the fame, during the together with all the clear revenue and profits of the faid com- of this act, an pany, after providing for the current payments of interest, and account of the other outgoings, charges and expences, of the said company, profit and lofs fhall be difpoted of and applied in manner following: that is to upon their fay, it thall and may be lawful, out of the faid clear revenues trade, &c, and profits, to fet apart and apply in the first place, fuch fum as may be fufficient for anfwering a dividend to the proprietors of the stock of the faid company, not exceeding the rate of eight pounds per centum per annum, upon the capital stock of the faid which shall be company, after which the whole furplus of the faid clear reve- tranfmitted to nues and profits shall be referved and await any future agree-foners of the ment that may be made between the publick and the faid company. III. And be it further enacted by the authority aforefaid, That, during the continuance of this act, the said united company do cause, and they are hereby directed and required to cause to be made up half-yearly, with as much accuracy as the nature of the cafe will admit, a statement or account of the profit and loss upon the whole of the trade and revenues of the faid company, together with a ftate of the debts of the said company, in England, exclufive of their bond debt, to the first day of September, and the first day of March; the first of such statements or accounts to be made up from the first day of March to the first day of September, one thoufand feven hundred and feventy-nine; and to transmit fuch statement or account fairly written, and figned by two or more of the directors of the VOL. XXXII. Z faid the commif treafury. faid united company, within twenty one days after the day to which such statement or account fhall be made up refpectively, to the commiffioners of his Majefty's treasury, or the high treasurer for the time being. The company IV. And be it enacted by the authority aforefaid, That, during reftricted from the continuance of this act, it fhall not be lawful for the faid accepting bills united company, or their fucceffors, or any of their officers above a certain or fervants on their account, to accept or otherwife bind the them by their faid company, or their fucceffors, for the payment of any bill officers, &c. in or bills of exchange, drawn by any of their officers or fervants, the Eaftindies. at any of their prefidencies in the East Indies, for any fum ex fum drawn on ceeding the fum of three hundred thousand pounds, exclufive of certificates, to the amount of eight thousand pounds, to the commanders and officers of each of the company's fhips, withwithout the out the consent and order first had and obtained of the commifconíent of the fioners of his Majefty's treafury for the time being, or any three commiffioners or more of them, or of the high treasurer for the time being, of the treasury. who are hereby respectively authorised to give fuch confent, or to make fuch order thereon as they fhall judge expedient; and every acceptance or engagement made contrary to the true meaning and intent of this act, fhall be null and void to all intents and purposes. Recital of 13 Geo. 3. cap. 63. V. And whereas by another act, paffed in the fame feffion of parliament, intituled, An act for eftablishing certain regulations for the better management of the affairs of the East India company, as well in India as in Europe, it was, among other things, enacted, That, for the government of the prefidency of Fort William in Bengal, there should be appointed a governor general and four counsellors, and that the whole civil and military government of the faid prefidency, and also the ordering, management, and government, of all the territorial acquifitions and revenues in the kingdoms of Bengal, Bahar, and Oriffa, should, during fuch time as the territorial acquifitions and revenues fhould remain in the poffeffion of the faid united company, be vested in the faid governor general and council of the faid prefidency of Fort William in Bengal; and also that the governor general and four first counsellors, appointed by the faid act, should each of them hold and continue in his and their respective offices for and during the term of five years from the time of their arrival at Fort William in Bengal, and taking upon them the government of the faid prefidency, and should not be removeable in the mean time, except by his Majefly, his heirs and fucceffors, upon reprefentation made by the court of directors for the faid united company for the time being: and whereas it may be expedient that the faid regulation fhould be extended to the perfon and perfons who, at the time of paffing this act, shall have and enjoy the respective offices of governor general, and The governor counsellors of the faid prefidency; be it therefore enacted by the general and counsellors of authority aforefaid, That the perfon and perfons who, at the the prefidency time of the paffing of this act, fhall have and enjoy the office of Fort Wil- and offices of governor general and councellors of the faid preliam, hall confidency, fhall hold and continue in his and their refpective offices for and during the continuance of this act, and shall not tinue in their offices during be be removeable in the mean time, except by his Majefty, his the continuheirs and fucceffors, upon reprefentation made by the court of ance of this a&, except directors for the faid united company for the time being; and they should be fhall have and enjoy all and fingular the powers and authorities renoved by his vefted by the faid act in the first governor general and four first Majefty, &c. counsellors by the faid act appointed, and thall be subject to the faid restrictions and limitations as by the said act the first governor general and first four counfellors were made fubject; and that in case of the avoidance of the offices of such governor general, or any of the faid counsellors, fuch office fhall be refpectively fupplied in the faid manner as the fame office would by the faid act have been fupplied, during the remainder of the term of five years which was computed from the time that the first governor general and four firft counsellors took upon them the government of the faid prefidency. or of the com VI. Provided always nevertheless, and be it enacted, That This act not to nothing in this act contained fhall extend, or be conftrued to affect th: rights extend, to affect the rights of the crown, or of the faid com- of the crown, pany, after the expiration of this act; but that the fame thail remain, continue, and be in the same state and condition, in expiration all respects, as though this act had never been made. pany, after the thereof, VII. And be it further enacted by the authority aforefaid, Publick act. That this act shall be deemed and taken to be a publick act; of which notice shall be judicially taken by all judges, justices, and all other persons whatsoever, without fpecially pleading the fame. CA P. LXII. An act to permit the removal of lime, and other articles necessary for the improvement of land, without cocquet or bond. W HEREAS by an act made in the thirteenth and fourteenth Preamble. years of the reign of King Charles the Second, (intituled, An act for preventing frauds and regulating abuses in his Ma- Recital of an jefty's customs), it was amongst other things, enacted, That if any act 13 and 14 goods, wares, or merchandizes, shall be shipped or put on board to be Car. 2. carried forth to the open fea, from any one port, creek, or member, of England, dominion of Wales, or port and town of Berwick, to be landed at any other place of this realm, without a fufferance or warrant first had and obtained from the officers of his Majesty's cuftoms, all fuch goods, wares, and merchandizes, fhall be forfeited and loft; and that the mafter of every ship or veel that fhall fo lade or take in any fuch goods, wares, or merchandizes, to be landed and difcharged as aforesaid, fhall, before the ship or veel be removed or carried out of the port from whence he shall take in his lading, take out a cocquet or cocquets, and become bound to the King's majesty, with good fecurity, in the value of the goods, wares, and merchandizes, for delivery and discharge thereof, in the port or place for which the fame fhall be entered, or in fome other port or place in this kingdom: and whereas, in order to promote the cultivation and improvement of Z 2 land, provement of land, it is expedient that lime, and other articles necessary for that purpose, should be removed at as little expence as poffible to the owners and proprietors of fuch land, and that they should not be put to any trouble or difficulty more than is necessary for the fecurity of the publick revenue; be it therefore enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, After 24 June, and by the authority of the fame, That, from and after the twenty1779, lime, &c. fourth day of June, one thousand feven hundred and feventyfor the im- nine, no cocquet or bond fhall be required or taken by any land, may be officer or officers of the cuftoms, from the mafter or owner of any hoy, veffel, or boat, or from any other perfon whatsoever, for carrying or removing of any lime, lime-ftones, chalk, marle, or dung, from any port, member, or creek, in Great Britain, to be landed at any other port or place within the faid kingdom; but fuch lime, lime-ftones, chalk, marle, and dung, may be fo fhipped and laden, at any port, member, or creek, within this kingdom, by fufferance or warrant, and may be removed and carried by open sea, and landed at any other port or place in Great Britain, by tranfire only; any thing in the faid recited act, or any other act, to the contrary in any wife notwithstanding. carried from port to port, without giving any cocquet or bond. Preamble. Commiffioners of the CA P. LXIII. An act for raising a certain fum of money by loans or exchequer bills, for the fervice of the year one thousand seven hundred and seventy nine. Moft gracious Sovereign, WE, E, your Majesty's moft dutiful and loyal subjects, the commons of Great Britain, in parliament affembled, towards raising the neceffary fupplies which we have chearfully granted to your Majefty in this feffion of parliament, have refolved to give and grant unto your Majefty the fum herein-after mentioned; and do therefore moft humbly befeech your Majefty, that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, aud by the authority of the fame, That it hall and may be lawful to and for the commiffioners of his Majefty's treasury now or for the time being, or any three or more of them, or the high treasurer for the time being, at any time or times before the fifth day of January, one thoufand seven hundred and eighty, to caufe or direct any loans to be taken or received at his Majefty's exchequer from any perfon or persons, natives or foreigners, body or bodies politick or corporate, or any number of exchequer bills to be made out there for any fum or fums of money, not exceeding in loans and exchequer bills together, in the whole, the fum of one million in manner as five hundred thousand pounds, in the fame or like manner, form, treasury may rai'e 1,500,000%. by loans and exchequer bills, before Jan 5, 1780. |