fucceffors, within the faid fhires of Dunbartain, Sterling, Perth, forts declared Kincardine, Aberdeen, Inverness, Nairn, Cromartie, Argyll, Forfar, lawful prifons. Bamf, Sutherland, Caithness, Elgine, and Rofs, and the fhire or ftewartry of Orkney, or any of them, fhall be, and they are hereby declared to be lawful prifons, for the commitment and safe cuftody of offenders; and the feveral and refpective officers, The officers commanding for the time being in any fuch fort or forts, are to receive, &c. hereby impowered and required to obey and execute all legal prifoners.comorders and warrants, that fhall be to them directed for the re- warrant from mitted by ceiving and detaining, or releafing and liberating any perfon or themagiftrate. perfons, committed to their charge or cuftody, by the civil magiftrate.

X. And it is hereby further enacted, That no fheriff depute, Regulations or ftewart depute, or fubftitute to any fheriff depute or ftewart relating to thedepute, of any county, fhire, or flewartry in Scotland, after the riffs and stew. arts depute, twenty fifth day of December, in the year of our Lord one thou- and their fubfand feven hundred and forty eight, fhall be fteward, chamber- ftitutes. lain, or commiffioner to any fubject whatfoever, or collector of the cefs, or fhall exercife or act in the employment, fervice, or office, of fuch steward, chamberlain, commiffioner, or collector; and if any fuch theriff depute or fteward depute, or fubftitute to any fheriff depute or ftewart depute, fhall accept or take upon him any fuch employment, fervice, or office, or exercise the fame, or act therein, he fhall from thenceforth forfeit his office or employment of fheriff depute, ftewart depute, or fubftitute, and be ipfo facto difabled to hold, enjoy, or exercife the fame.

XI. And be it further enacted by the authority aforesaid, Sheriffs and That no fuch fheriff depute or stewart depute fhall be capable stewarts deof being elected, or of fitting or voting as a member of the house pute difqualiof commons.

fied from be

Refidence of

XII. And whereas his Majefty has thought fit, for the more eafy ing members of parliament. adminiftration of justice, to appoint one sheriff depute only for the fires of Fife and Kinross, one only for the fires of Sterling and Clackmannan, one only for the fires of Argyll and Bute, one only for the fires of Elgin and Nairn, one only for the fires of Sutherland and Caithness, and one only for the fires of Rofs and Cromartie; be it enacted by the authority aforefaid, That the fheriffs depute appointed for the faid fhires, fhall not be obliged theritis deto refide four months in each of the faid fhires, but that their pute, refidence within the two fhires, confidered as one diftrict in that respect, thall be deemed fufficient to all intents and purposes. XIII. And be it further enacted, That until a new distribution and divifion of the circuits in Scotland fhall be made, in purfuance of the act of the twentieth year of his prefent Majefty's circuits, acreign (intituled, An act for taking away and abolishing the hereta- cording to ble jurifdictions in that part of Great Britain called Scotland, and 20 Geo. II. for making fatisfaction to the proprietors thereof, and for restoring c. 43. fuch jurifdictions to the crown; and for making more effectual provifion for the administration of justice throughout that part of the united kingdom, by the King's courts and judges there; and for obliging all

Q 2

perfons

till a new di. vifion of the

C.

perfons acting as procurators, writers, or agents in the law in Scotland, to take the oaths; and for rendering the union of the two kingThe judges doms more complete) the judges appointed to hold the circuit courts appointed for at Dumfreis and Jedburg, fhall likewife be appointed to hold the Dumfries and circuit court at Air, which shall be, and be deemed to be withJedburgh,fhall in the limits of the circuit, commonly called The Southern Circuit, until fuch new division and distribution of the circuits in Scotland thall be made as aforesaid. CAP. XX.

alfo hold the

circuit court at Air.

An act for enlarging the term and powers granted by an act paffed in the thirteenth year of the reign of his late majefty King George the First, for repairing the several roads leading from Birmingham, through the town of Wednesbury, to a place called High Bullen, and to Great Bridge; and from thence to the end of Gibbet Lane, next adjoining to the township of Bilfon; and from Great Bridge, through Dudley to King-Swinford, and to the further end of Brittel Lane, in the counties of Warwick, Stafford, and Worcester.

The act 13 Geo 1. c. 14. continued for 21 years.

CA P. XXI.

An act for erecting workhouses, for the better employing and maintain. ing the poor within the burgh of Bury Saint Edmunds, in the county of Suffolk; and for the better repairing and paving the streets and highways there.

CAP. XXII.

An act for enlarging the term and powers granted by an act paffed in the thirteenth year of the reign of his late majesty King George the First, intituled, An act for repairing the roads leading from the town of Bromf grove to the town of Dudley, in the county of Worcester, and from the faid town of Bromfrove to the town of Birmingham, in the county of Warwick ; fo far as the faid act relates to repairing the roads leading from the town of Birmingham, to the town of Bromfgrove, in the county of Worcelter; and for making the fame more effectual.

The act 13 Geo. 1. c. 15. continued for 21 years.

CAP. XXIII.

An act for granting to his Majefty the fum of one million out of the finking fund, for the fervice of the year one thousand feven hundred and forty eight; and for applying a fum of money remaining in the exchequer, arifen by the rates and duties on boufes which determined at Ladyday, one thoufand feven hundred and forty feven; and for the further ap propriating the Supplies granted in this feffion of parliament; and for applying a certain fum of money, for defraying the charge of the allowances, for the year one thoufand feven hundred and forty eight, to feveral officers and private gentlemen of the two troops of horse guards, and three regiments of horse lately reduced.

Moft gracious Sovereign,

WE your Majefty's most dutiful and loyal fubjects, the

commons of Great Britain in parliament affembled, being defirous to raise the neceffary supplies which we have cheer

fully

fully granted to your Majefty in this feffion of parliament, for the fervice of the year one thousand seven hundred and forty eight, in the eafieft manner we are able, for the benefit of your Majefty's fubjects, and also to use such ways and means therein as that your Majefty may have the better and more speedy effect of the faid fupplies, have refolved to give and grant unto your Majefty the fum of one million, out of the furpluffes, exceffes, and overplus monies, commonly called The finking fund; and to that end and purpose do moft humbly befeech your Majefty that it may be enacted, and be it enacted by the King's molt excellent majefty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That by or out of fuch monies as now are, or fhall from time to time be and re- One million main in the receipt of the exchequer, of the faid furpluffes, ex- of the finking granted out ceffes, or overplus monies, commonly called The finking fund fund. (after paying or referving fufficient to pay all fuch fum and fums of money as have been directed by any former act or acts of parliament to be paid out of the fame) there fhall and may be iffued, and applied, a fum not exceeding the faid fum of one million, for and towards the supply granted to his Majefty for the service of the faid year one thousand seven hundred and forty eight; and the commiffioners of his Majefty's treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, are hereby authorized and impowered to iffue and apply the fame accordingly.

tion of the monies com

II. And be it further enacted by the authority aforefaid, That Appropriaall the monies which have arisen, or fhall arife into the receipt of his Majefty's exchequer, of the feveral rates and duties on ing by the in houfes, which determined at Ladyday,one thousand seven hun- duties on dred and forty seven, fhall be deemed and taken, and be appli- houses. ed as part of the fund for paying and discharging the feveral annuities and other payments charged by an act of the last feffion of parliament, on certain rates and duties on houses, windows, and lights granted by the faid act; and the commiffioners of his Majesty's treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, are hereby authorized and impowered to iffue and apply the fame thereunto accordingly; any thing in this or any former act to the contrary thereof in any wife notwithstanding.

III. And it is hereby enacted by the authority aforefaid, That in case the said commiffioners of his Majefty's treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, fhall think it adviseable to raise the said fum of one million, or any part thereof, by loans or exchequer bills, in manner herein after mentioned, that it shall and may be lawful to and for any person or persons, natives or foreigners, bodies politick or corporate, to advance or lend to his Majefty, at the reQ3

ceipt

Clause of loan

at 41. per

cent.

ceipt of his Majesty's exchequer, any fum or fums of money not exceeding the laid fum of one million, upon the credit of the faid furpluffes, exceffes, or overplus monies, commonly called The finking fund; and to have and receive for the forbearance of the money lent, intereft after a rate not exceeding four pounds per centum per annum, fo as fuch loans be allowed to be made by the faid commiffioners of the treasury, or any three or more of them now being, or the high treafurer, or any three or more of the commiffioners of the treasury for the time being, who are hereby authorized to iffue their warrants for that purpofe as fast as fuch loans fhall be wanted for the publick service; and moreover that no money fo to be lent on the security of this act fhall be rated or affeffed to any tax or assessment whatsoever. IV. And be it further enacted, That all and every person and perfons who shall lend any money upon the credit of this act as aforefaid, and pay the fame into the receipt of the exchequer, fhall immediately have a tally of loan ftruck for the fame, and an order for his, her, or their repayment, bearing the fame date with his, her, or their tally, in or upon which order shall be alfo contained a warrant for payment of intereft for the forbearto carry 41. per ance thereof, not exceeding the faid rate of four pounds per cencent. intereft, tum per annum, and to be paid every three months, until the repayment of the principal; and all fuch orders for repayment of money fo to be lent fhall be registred in course according to the Orders to be dates refpectively; and that all and every perfon and perfons regifter'd, and fhall be paid in courfe, according as their orders fhall stand repaid in courte. giftred in the faid regifter books, fo as the perfon or perfons,

Tallies and orders for repayment,

natives or foreigners, his, her, or their executors, adminiftrators, or affigns, who fhall have his, her, or their order or or ders first entered in the faid books of register, shall be taken and accounted to be the first perfon or perfons to be paid out of the faid furpluffes, exceffes, or overplus monies; and he, she, or they, who shall have his, her, or their order or orders next entered, thall be taken and accounted to be the fecond person to be paid, and fo fucceffively and in courfe; and that the monies to come in, of or for the faid furpluffes, exceffes, or overplus mnies, commonly called The finking fund, as aforefaid, fhall be in the fame order liable to the fatisfaction of the faid refpective perfons, and body or bodies politick or corporate, their execu tors, adminiftrators, fucceffors, or affigns refpectively, without any undue preference of one before another, and not otherwife; and shall not be diverted or divertible to any other ufe, intent, or purpose whatsoever (other than fuch ufes or purposes as are appointed by any other act or acts of parliament in that behalf as aforefaid;) and that no fee, reward, or gratuity directly or No fee for re- indirectly fhall be demanded or taken of any of his Majesty's giftering, &c. fubjects for providing or making of any fuch books or regifters,

or any entries, views, or fearches in or for payment of money lent, or the intereft thereof as aforefaid, by any of his Majefty's officer or officers, their clerks, or deputies, on pain of payment of treble damages to the party grieved by the party offending,

Penalty.

with full cofts of fuit; or if the officer himself take or demand any fuch fee or reward, then to lose his place alfo; and if any undue preference of one before another shall be made either in point of registry or payment, contrary to the true meaning of this act, by any fuch officer or officers, then the party offending fhall be liable by action of debt, or on the cafe, to pay the value of the debt with full cofts of fuit to the party grieved, and fhall be forejudged of his place or office; and if fuch preference be unduly made by any his deputy or clerk, without direction or privity of his mafter, then fuch deputy or clerk only shall be liable to fuch action, debt, damages, and cofts, and shall be for ever after incapable of his place or office; and in cafe the auditor of the receipt fhall not direct the said orders of loan, or the clerk of the pells record, or the teller make payment upon fuch order, according to each perfon's due place and order as before directed, then he or they fhall be adjudged to forfeit, and the refpective deputies and clerks therein offending, to be liable to fuch action, debt, damages, and cofts, in fuch manner as aforefaid; all which faid penalties, forfeitures, damages, Penalties how and costs, to be incurred by any the officers of the exchequer, to be recoveror any their deputies or clerks, fhall and may be recovered by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster; wherein no effoin, protection, privilege, wager of law, injunction, or order of restraint fhall be in any wife granted or allowed.

ed.

V. Provided always, and it is declared, That if it fhall hap- Provifo. pen that feveral tallies of loan or orders for payment as aforefaid, bear date, or be brought the fame day to the auditor of the receipt to be registred, then it shall be interpreted no undue preference which of those be entered first, so as he enters them all the fame day.

VI. Provided alfo, That it fhall not be interpreted any undue Provifo. preference to incur any penalty in point of payment, if the auditor direct, and the clerk of the pells record, and the tellers

pay fubfequent orders to perfons that come and demand their monies, and bring their orders, before other perfons that did not come to take their monies, and bring their orders in course, fo as there be fo much money referved as will fatisfy precedent orders, which shall not be otherwife difpofed of, but kept for them; interest upon loan being to ceafe from the time the money is fo referved and kept in bank for them.

re

able.

VII. And be it further enacted, That ali and every person Orders affignand perfons to whom any money fhall be due for loans to be giftred by virtue of this act, after order entered in the book of registry as aforefaid, his, her, or their executors, administrators, or affigns, by proper words of affignment to be indorfed and written upon his, her, or their order, may affign or tranffer his, her, and their right, title, intereft, and benefit of fuch order, or any part thereof to any other; which being notified in the office of the auditor of the receipt as aforefaid, and an entry or memorial thereof alfo made in the book of registry aforefaid

Q4