tail

but in their

any fpirituous liquors, or ftrong waters, in any other place tailing liquors' or places than in his, her, or their own public fhop and fhops only, and in no more than one shop by virtue of any one licence, under pain of forfeiting for every fuch offence the fum of ten pounds.

shops, &c.

their fhops,

IV. And the better to prevent tippling, or any other difor- Penalty on ders being committed, under colour or pretence of the liberty permitting by this act granted, be it enacted by the authority aforefaid, tippling in That if any diftiller or diftillers, licenced and authorized by vir- &c. tue of this act, fhall at any time, from and after the twenty fourth day of June, in the year of our Lord one thousand seven hundred and forty feven, by him, her, or themselves, or by any other person or perfons employed by him, her, or them, fell or vend any fpirituous liquors to be drank in his, her, or their shop or fhops, houses, or other places thereunto belonging, or shall wilfully fuffer or permit any perfon or perfons to drink or tipple any fuch liquors in any the places aforefaid, every distiller or diftillers fo offending fhall, for every fuch offence, forfeit and pay the fum of ten pounds; all which penalties and forfeitures Penalties how Thall be fued for, levied, recovered, and mitigated by fuch ways, to be recovermeans, and methods, as any fine, penalty, or forfeiture, is or ed and apmay be recovered or mitigated by any law or laws of excife; plied. the one moiety whereof thall be to his Majefty, his heirs and fucceffors, and the other moiety to him or them who shall difcover, inform, and profecute for the fame.

V. And be it further enacted by the authority aforefaid, That Penalty on every perfon and perfons who fhall, from and after the twenty perfons found fourth day of June, in the year of our Lord one thousand seven tippling in distillers shops, hundred and forty feven, be found drinking or tippling in the &c. houfe, fhop, or other place belonging to any distiller or diftillers, contrary to the true intent and meaning of this act, shall, for every fuch offence, feverally forfeit and pay the fum of twenty fhillings, to be recovered and levied by way of complaint, to be made within three weeks after such offence or offences fhall be committed, before one or more of his Majefty's justices of the peace for and near the place and places where the fame shall happen, who is and are hereby required to fummon before him or them the party or parties fo offending, and in default of appearance, to issue warrants for apprehending fuch offender or offenders, and then proceed to examine fuch complaint upon oath (which oath he and they are hereby authorized to administer) and upon due proof of fuch offences, by the oath or oaths of one or more credible witness or witneffes, to convict the offender or offenders accordingly; and in cafe fuch forfeitures shall not be forthwith, after fuch conviction or convictions, paid, that then the fame fhall be levied by diftrefs and fale of fuch offender's goods and chattels, by warrant or warrants under the hand and feal, or hands and feals of fuch justice or justices, rendering the overplus, if any, to fuch offender or offenders; and fuch forfeitures when levied, fhall go and be applied to and for the use of the poor of the parish where fuch offence or offences shall be committed;

committed; and for want of fufficient diftrefs, fuch offender or offenders shall be committed to the house of correction, for any time not exceeding two months, and not less than fourteen days, there to be kept to hard labour; and no perfon or perfons so to be convicted, fhall be capable of receiving any part of the penalties or forfeitures incurred by the diftiller or distillers who fhall fell or vend any fuch liquors fo to be drank or tippled; any thing herein contained to the contrary thereof in any wife notwithstanding.

CA P. XL.

An act to revive, continue, and amend an act made in the ninth year of the reign of bis late majesty King George the First, intituled, An act for clearing, depthening, repairing, extending, maintaining, and improving the haven and piers of Great Yarmouth; and for depthening and making more navigable the feveral rivers emptying themselves at the faid town; and also for preserving fhips, wintering in the faid haven, from accidents by fire.

WHEREAS HEREAS the ancient borough of Great Yarmouth in the county of Norfolk, bath, by long experience, been found to be of great importance, for advancing his Majefty's fervice and revenue, and trade in general, and more especially the fishery, and for educating and employing many thousands of skillful mariners and feamen: and whereas the inhabitants of the said borough, being unable to fupport the great and unavoidable charge of clearing, repairing, and maintaining the haven and piers belonging to the faid borough, have, from time to time, been aided and relieved by feveral fucceffive acts of parliament: and whereas an act was made in the ninth year of the 9 Geo. 1. c.10. reign of his late majesty King George the First (of glorious memory) whereby feveral duties were granted for clearing, depthening, repairing, extending, maintaining, and improving the said haven and piers; and for depthening the channel of that part of the river Yare called Braydon; and for making more navigable the faid river Yare, and the rivers Waveney and Bure, which empty themselves into the haven of the Jaid town of Yarmouth; and for repairing the bridge and publick keys belonging to the faid town; and alfo for preserving ships wintering in the faid haven; which at being expired, the faid haven and piers have of late been, and still continue to be in fo bad a condition, that the great fums of money already expended in and about the fame, will prove ufelefs, and the faid haven and piers inevitably fall foon into irreparable decay, unless timely and effectual provision be made by parliament to prevent the deftruction thereof: to the end therefore that the faid haven and piers may be preferved and kept in repair; and that the channel of that part of the river Yare called Braydon, leading from Great Yarmouth, to the city of Norwich; and fo much of the faid river Yare, as lies between the new mills in Norwich and Hardly Crofs in Hardly, in the county

of

of Norfolk; and alfo the rivers Waveney and Bure, commonly called the North River, may be depthened and made more navigable for boats and keels usually paffing upon the fame; be it enacted, &c.

The duties granted by the recited act made payable for 2 years. The powers and claufes, &c. of the recited act revived. Twelve commissioners to be elected. Collectors to account to them. Commiffioners to infpect the accounts of the monies due at the expiration of the recited act.

CAP. XLI.

An act for vesting in his Majesty the eftates of certain traitors, and for more effectually discovering the fame, and applying the produce thereof to the ufe of his Majesty, and for afcertaining and fatisfying the lawful debts and claims thereupon.

HEREAS a most defperate and bloody war and rebellion

Whath been levied and raised against his Majefly, in favour of the pretender to his crown, headed by the eldest fon of the faid pretender, and affifted by a body of troops, furnished by the enemies of his Majesty and his kingdoms, in which a number of his Majefty's fubjects, contrary to their duty and allegiance, have been wickedly and traiterously engaged; and it being highly reasonable, that the eftates, real and perfonal, of the rebels and traitors, who have been or shall be duly attainted as guilty of, or engaged in the faid rebellion, fhould be dif covered and applied to the ufe of his Majefty, in the most speedy and effectual manner; and that due provifion be made for the fatisfaction of all juft and lawful claims, which any of his Majefty's dutiful and loyal fubjects may have to, upon, or out of the estates of fuch rebels and traitors; be it therefore 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 all and every the The eftates lands and heretages, debts, or fums of money, and goods or real and perchattels whatfoever, and generally the eftates, goods, and effects, fonal of cerheretable and moveable, real and personal, defcendible to heirs tain traitors or executors, jurifdictions, life-rent rights, or of what nature vefted in his Majefty. or kind foever they be, in that part of Great Britain called Scotland, or elsewhere, whereof any perfon or perfons, who, fince the twenty fourth day of June, in the year of our Lord one thoufand feven hundred and forty five, hath or have been attainted, or, before the twenty fourth day of June, in the year of our Lord one thousand seven hundred and forty eight, thall be attainted by any laws or ftatutes of this realm of high treafon, for levying war within this realm, or for confpiring the death of his Majefty, or for any other high treafon whatsoever, committed before the faid twenty fourth day of June, one thousand seven hundred and forty eight, within Great Britain, or ellewhere, was, were, or fhall have been feifed or poffeffed of, or interested in, or intitled unto on the twenty fourth day of June, one thousand feven hundred and forty five, or at any time after

wards,

and to caufe

wards, in his, her, or their own right, or to his, her, or their own ufe, or whereof any other perfon or perfons was, were, or fhall have been feifed or poffeffed of, or interested in, or intitled unto, to the use of, or in trust for them, or any of them, fhall, according to the feveral and refpective eftates and interefts, which the faid perfon or perfons, attainted or to be attainted, within fuch days and times as aforefaid, or any in truft for them, or any of them, had or fhall have had therein as aforesaid, or did or might forfeit by such attainder, ftand and be forfeited to his Majesty, his heirs and fucceffors, and fhall be deemed, vefted, and adjudged, and are hereby declared and enacted to be in the actual and real poffeffion of his Majetty, without any office or inquifition thereof hereafter to be taken or found, and without any declarator of forfeiture to be obtained.

II. And to the end that all the eftates of the faid traitors, of what nature foever, within that part of Great Britain called Scotland, hereby, or otherwife vefted, or hereby intended to be vefted in his Majesty, and the yearly and other values thereof, and all incumbrances thereupon, may be the better discovered, known, described, and afcertained, and that the rents, iffues, and profits thereof may be recovered and brought in for the use of his Majefty, and that due examination be taken, and satisfaction made of all just and lawful claims to, upon, or out of the faid eftates, or any of them; be it further enacted by the Barons of the authority aforefaid, That the lord chief baron, and other barons exchequer in of the court of exchequer in Scotland for the time being, or any Scotland, to inquire into three or more of them, are hereby authorized, impowered, and the forfeited required to inquire into all fuch estates, both real and perfonal, eftates ; within that part of Great Britain called Scotland, as are hereby, or otherwife vefted, or hereby intended to be vested in his Majefty; and to caufe all and every the rents, iffues, and profits of the faid real estates, until fale thereof, to be effectually levied 'and paid unto the receiver-general of his Majesty's land rents, and cafualties in Scotland, for the time being, who is hereby required to pay the fame forthwith into the receipt of his Majefty's exchequer at Westminster, for his Majefty's use; and to account for the fame in like manner, as other publick monies received and paid by him into the faid receipt, are accounted for by him; and to levy, raife, fecure, and caufe to be fold, all fuch goods, debts, and perfonal chattels and eftates, within Scotland, as are hereby, or otherwife vefted in his Majefty, and to fell the faid real eftates, after the claims relating to fuch eftates respectively shall be determined, or otherwife difpofe of the fame in the manner herein after provided; and out of the rents and produce of the faid eftates, real or perfonal, to cause payment or fatisfaction to be made of fuch fums of money, as shall be ceed in a fum- due to any claimants upon the fame; and in the execution of the premiffes, the faid barons fhall and may proceed in virtue of the power hereby granted to them, in a fummary way, without the formalities ufually practifed or obferved in their proceedings, as a court of justice.

the rents to be paid to his Majesty's receiver general, &c.

and the perfonal estates,

&c. to be feized and fold, after claims determined, &c.

Barons to pro

mary way.

III. And

tranfmitted to

III. And for the better enabling the faid barons of the faid Court of exchequer, to put in execution all the feveral and refpective powers and authorities by this act committed to their charge and truft; be it further enacted, That on or before the Lifts of pertwenty fixth day of July, in the year of our Lord one thousand fons adjudged feven hundred and forty feven, all and every officer and officers of high treawho has or have, or fhall, before the faid day, have the cuftody fon, to be of any record or records of the attainder of any fuch traitor or the King's retraitors (other than of such who have been, or shall be attaint- membrancer ed by act of parliament) fhall tranfmit, or caufe to be tranfmit- at Edinburgh; ted to the King's remembrancer, in the court of exchequer at Edinburgh, or his deputy, eftreats or certificates under their refpective hands, or the hands of their lawful deputies, containing lifts of all the perfons, who fince the twenty fourth day of June, in the year one thousand feven hundred and forty five, Thall appear by the faid records in their respective cuftody, to have been adjudged to be guilty of high treafon; which lifts fhall contain the names, titles, and additions of fuch persons, the fpecies of treafon, of which, and the refpective times, places, and courts, when and where they were fo attainted; and after the faid twenty fixth day of July, the like officers hall, from Lifts of other time to time, caufe to be tranfmitted to the office of the King's be tranfmitremembrancer at Edinburgh, the like eftreats or certificates, or ted, lifts of all other attainders for high treafon, had at any time before the twenty fourth day of June, one thoufand feven hundred and forty eight, and that within the space of thirty days after fuch attainders; all which eftreats, certificates, or lifts, the King's remembrancer in the court of exchequer at Edinburgh, or to be entered his deputy, fhall enter in a book to be provided and kept by him in a book, for that purpose.

attainders to

record to be

IV. And it is hereby enacted, That an extract from that Extract from book, figned by the faid remembrancer, or his deputy, certify- the book of ing that any perfon therein mentioned was attainted of high admitted as treafon, fhall be taken and held as fufficient evidence of fuch evidence. attainder in all courts of juftice within Scotland, fo far as may concern the execution of this act, as fully as if the record of fuch attainder were produced in fuch courts.

cers for the

V. And be it enacted by the authority aforefaid, That the The barons to faid barons of exchequer, or any three of them, fhall, and they appoint offiare hereby authorized, from time to time, by and with the ap- execution of probation of the commiffioners of his Majefty's treasury, or the this act. high treasurer for the time being, to appoint and employ proper perfons to be furveyors, meffengers, or other neceffary officers for the execution of this act; which furveyors, meffengers, and

officers refpectively, are hereby required faithfully to execute and Officers fees perform the truft in them refpectively repofed, without taking allowed by the any thing for fuch their fervice (other than fuch fees, falaries, barons. or rewards, as the faid barons, or any three of them, by and with fuch approbation as aforesaid, fhall think fit and direct in that behalf) and every fuch furveyor, meffenger, and officer, Officers to before he enters on the execution of his employment, fhall take take oaths, the oaths prefcribed by the act of the first year of his late Ma

jesty's