lightening the fireets of the city of Bristol in manner therein mentioned; but which bath, in many inftances, been found infufficient to answer the good purposes intended by the faid act; and more particularly for want of a fufficient power being vefted in the justices of the peace in their general quarter feffions to order and oblige the inhabitants of the feveral parishes and precincts within the faid city, to make use of publick lamps within their respective parishes and precincts, and to order the number of fuch lamps; and alfo for want of afcertaining a due length of time, during which fuch lamps shall be kept burning: and for want of erecting and maintaining a competent number of fuch publick lamps, the citizens and inhabitants of the faid city are expofed to the danger of fires, murders, burglaries, robberies, and many other outrages and inconveniencies; and the enlightening of the faid ftreets is greatly hindered and obftructed by fign, which are hung out before the houses of feveral perfons, and which obfcure the fame: for remedy whereof, may it please your Majesty that it may be enacted, &.. The mayor and juftices to order the number and fashion of the lamps. Power given for contracting for the erecting of the lamps; and for lighting and trimming them, Contract to be made but for 1 year, and not to exceed the fum rated. Parish officers excluded from being interested in any contract. Parish officers to meet yearly. Rates to be made, and collectors to be appointed. Juftices to confirm the rates. Collectors to make payment to the furveyors. Perfons aggrieved may appeal. Collectors becoming infolvent, the rates to be re-affeffed. Collectors and furveyors to account yearly, &c. on pain of commitment. Alderman of the caftle precincts to give notice to the guardians, &c. of the poor, to meet in Febraary yearly 40s, penalty on perfons breaking or extinguishing the lamps. Mayor and juftices to hear offences. For want of diftrefs, the party to be committed. Perfons aggrieved may appeal to the quarter feffions. Claufes in 11 & 12 W. 3. relating to the enlightening the streets repealed. The Mayor and juftices to make orders concerning the pavement. Surveyors of the highways to have the charge of paving. Rates to be made for paving. Water falling from the tops of houfes to be conveyed by pipes on the fides or fronts. Carriages used within the city to be drawn by 3 horses only; the wheels not to be bound with iron streaks of lefs breadth than 6 inches. The mayor and aldermen, &c. to make rules for regulating hackney coachmen, &c. The mayor and common council to make orders for regulating the new market. Hay and ftraw brought for fale into Bristol to be made up into truffes. Truffes of hay to weigh 56 lb. and of straw Ib. None to gain a fettlement by paying of these rates. CA P. XXI. An alt for explaining and amending an at passed in the seventeenth year of his prefent Majefty's reign, intituled, An act for raifing and establishing a fund for a provifion for the widows and children of the minifters of the church of Scotland, and of the heads, principals, and mafters of the universities of Saint Andrews, Glasgow, and Edinburgh. THEREAS by an aft made in the feventeenth year of the 17Geo.2.c.11. WHE reign of his prefent Majefty, intituled, An act for raifing and establishing fund for a provifion for the widows and children of the minifters of the church of Scotland, and of the the heads, principals, and mafters of the universities of Saint Andrews, Glasgow, and Edinburgh; it was, among other things, enacted, That every minifter who shall be ordained and admitted to a benefice in the church of Scotland, and every person who should be admitted as head, principal, or master, in any of the three univerfities of Saint Andrews, Glasgow, and Edinburgh, after the twenty fifth day of March, one thousand feven hundred and forty four, should be fubject to the annual rate of two pounds twelve fhillings and fix pence, or of three pounds eighteen fillings and nine pence, or of five pounds five fbillings, or of fix pounds eleven fbillings and three pence, of lawful money of Great Britain, at his option; and should, at the term of Candlemas next after admission to, or enjoyment of his benefice or falary for one whole year, make payment of one year's rate; and in cafe he, at fuch term of Candlemas, had been admitted to, or enjoyed his faid benefice or falary only for one half year, he should only be liable to the payment of half of the faid yearly rate, and to the full year's rate at each term of Candlemas next thereafter, during his life; and every minifter, head, principal, or mafter as aforefaid, was required to make his election of one of the said four yearly rates, on or before the first term of Candlemas after he should have right to one half year's benefice or falary, or before the term of Candlemas next after having had right for one year and half to any benefice fituate in the western or northern ifles of Scotland; and in default thereof he was to be fubject to the annual rate of three pounds eighteen fhillings and nine pence, during life; and every minifter, head, principal, or mafter intitled to a benefice or office as aforefaid, and every minifter in the western and northern ifles of Scotland, before the twenty fifth of March, one thousand seven hundred and forty four, was to give notice within fix months, or eighteen months refpettively, that he would not be fubject to any of the yearly rates before mentioned, or would fubject himself to one or other of them, declaring which of them he chofe to be fubject to; and in default of giving fuch notice respectively, was to be liable to the annual rate of three pounds eighteen fillings and nine pence and the faid act likewife afcertained what proportion of the faid rates fhould be paid respectively by minifters, beads, principals, or mafters, who at their deaths, had only right to one half of the benefice or falary of that year, and by their heirs and executors, and by thofe who had right to the ann; and what other rates and fums fhould be paid by every minifter, head, principal or mafter, for the first year, and upon the marriage of minifters, heads, principals, and mafters, ordained or admitted affiftants and fucceffors to those having right to a benefice or falary; and upon the firft and every fucceeding marriage of every minifter, head, principal, or mafter, admitted as well after as before the faid twenty fifth day of March, one thousand feven hundred and forty four, to his benefice or office: and every minifter, head, principal, or master aforesaid, neglecting to pay the annual or other rates due at the times appointed, was to be fubject to lawful intereft from the refpective times of payment: and every benefice and every office as aforefaid, vacant before the twenty fifth day of March, one thousand feven hundred and forty four, was to be fubject to the fum of five pounds; and vacant on or after the faid twenty fifth day of March, to two pounds ten fillings, for every half year the vacancy should continue: and it was further enacted, That out of the aforefaid annual rates and other fums, there fhould be paid, by order and direction of trustees therein after named, a fum not exceeding two hundred and ten pounds, of lawful money of Great Britain, yearly, for the falaries of a general collector or receiver, and a clerk; and that the remainder of the faid feveral fums fhould be applied to the payment of an annuity of ten pounds, or fifteen pounds, or twenty pounds, or twenty five pounds refpectively, to the widow of every minifter, head, principal, or mafter, who hath been fubject to the annual rates of two pounds twelve shillings and fix pence, or three pounds eighteen fhillings and nine pence, or five pounds five fhillings, or fix pounds eleven fhillings and three pence refpectively, to commence from the first term of Whitfunday or Martinmas, which should be one full half year after the husband's death; and if no widow was left, but one or more children, fuch child or children was to be intitled to a fum equal to ten years annuity that would have been payable to their father's widow; and if the widow died, or was married before the lapfe of ten years after the commencement of her annuity, and whofe husband left a child or children, who, at her death or marriage, fhould be under the age of fixteen years, fuch child or children was to be intitled to a fum equal to ten years of the faid widow's annuity, deducting fo much thereof as had been then received by the widow and it was further enacted, That the furplus of the annual rates and fums after payment of the annual expence of management, and of the faid annuities and other provifions, should, at the term of Whitfunday yearly, be lent out to minifters, beads, principals, and mafters, fubject to annual rates as aforefaid, to the amount of thirty pounds to each (every of whom was thereby obliged to receive the fame) which was to be repaid with intereft, at the time that he ceafed to have right to his benefice or office: and it was thereby further enacled, That all future furpluffes, over and above the fums jo lent as aforefaid, fhould, from time to time, be lent out at an intereft not under four pounds per centum per annum, until a capital was made of thirty five thousand pounds; and the furplus arifing above the faid capital, was to be divided proportionably amongst the children of minifters, heads, principals, and maflers, who, in respect of the death of their father, or the death or marriage of his widow within that year, should be then intitled to receive their provifions: and divers provisions were enacted to prevent any diminution of, or incroachment upon, the faid capital: and trustees were nominated for levying, receiving, and iffuing the refpective annual fums payable by virtue of the faid act for the purpofes therein expreffed, and for lending out the furplus in manner therein directed, and for raifing the aforefaid capital of thirty five thousand pounds by loans at intereft, and for uplifting the faid capital in the whole or in part, and re-employing the fame; and they were to meet in the old church ifle at Edinburgh, and were to have four flated regular meetings yearly; and a general collector or receiver of the aforefaid annual or other rates was to be appointed, who was to have full power to carry on all fuits and actions for recovery thereof; and was impowered to use all diligence for fecuring all and every the afore aforefaid fums; the expence whereof was to be recovered out of the refpective debtors eftates, without any abatement or mitigation; and incidental expences of the faid trustees were not to exceed, in any one year, the fum of forty pounds: and whereas inconveniencies and diffi culties have arifen in the execution of the faid aft, by reason that the minifters, heads, principals, and mafters, ordained or admitted after the twenty fifth day of March, one thousand feven hundred and forty four, are allowed to withhold their declarations, touching their election of their annual rates, fo late in the year as Candlemas; and the collector general cannot effectually levy and bring in the faid rates, and other fums, under his management, between the terms appointed for the payment and diftribution thereof, by the means of an ordinary action against the deficients; and the expence of fuch action becomes ·very heavy upon the deficient minifter, head, principal, or master: and whereas the number of benefices and offices in Scotland, fubjected to the faid rates, have been found to be confiderably lefs, and the number of widows and children to be provided for confiderably greater than was fuppofed in the computation, upon which the proportion between the annual rates and the annuities and provifions mentioned in the faid recited act was fixed; and the annuities and provifions already become payable to the widows and children of minifters, heads, principals, and maflers deceased, and those which may become due for feveral fucceeding years, will, in all probability, very much exceed what they were computed at; and the faid deceafed minifters, heads, principals, and mafters, have contributed very little to the fund established by the faid act; and there is great reafon to apprehend, that the annual furpluffes, in the early years of collection of the rates and fums a forefaid, will not raife the intended capital, and that the faid fund, if raifed, will not be fufficient for answering the defign of the faid act; by reafon whereof, the widows and children of thofe minifters, heads, principals, and mafters, who shall have contributed most to the raifing of the faid fund, will be deprived of a great part of the annuities and provifions due to them, unless fome deduction shall be made from the annuity granted to the widow, or the provifion made for the child or children of each minifter, head, principal, or mafler, who shall not have contributed to the fund a fum equal to three years amount of the annuity correfpondent to his annual rate, and unless a fum be allowed annually for increafing the capital fund to a greater amount than is allowed by the faid recited at: and whereas alfo it is equitable and juft, that the widows, as well as children of contributors to the faid capital fund, fhould have a share of any benefit which may cafually arife from the furpluses thereof, after fuch capital shall be made up therefore, and for removing the doubts and difficulties aforefaid, touching the execution of the said recited act, and for preserving a just and equal proportion, as much as is poffible, between the contributions made to the faid fund by any minifter, head, principal, or master, and the fums to be drawn out of the fame by his widow and children, and between the widows and children of fuch contributors; your Majesty's moft dutiful and loyal fubjects, the trustees named and appointed in and by the faid recited act for putting the fame in execution, as specially warrant ed univerfities to ed and authorized to that effect by the general affembly of the church of Scotland, holden in the month of May laft, do most humbly beseech your Majefty, that it may be enacted; and be it 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 from and after the fifteenth day of May, one thoufand feven hundred and forty nine, every mini- Beneficed mifter who fhall be ordained and admitted to a benefice in the nitters and church of Scotland, and every person who fhall be admitted as heads of the head, principal, or mafter, in any of the universities of Saint choose within Andrews, Glasgow, and Edinburgh, fhall make his election to a certain time, which of the four yearly rates mentioned in the faid recited act to which of he chooses to be fubjected, during his life, in manner therein the yearly directed, within the times refpectively after-mentioned; that is rates they will be fubject. to say, every minifter having a benefice in the western or northern ifles of Scotland, on or before the fifteenth day of January, that shall first happen after fuch minister shall have had right to his benefice for a year and half; and every other minister aforefaid of the church of Scotland, on or before the fifteenth day of January, that hall first happen after fuch minister shall have had right to his benefice for one half year; and every head, principal, or other mafter aforefaid, of any of the faid three univerfities, on or before the fifteenth day of January, that shall first happen after he hath held his office for four calendar months; and every refpective minifter, head, principal, or mafter, neglecting to notify his election in the form and manner prefcribed by the faid recited act, within the respective times herein before limited, fhall be deemed and held to have made his election of the annual rate of three pounds, eighteen fhillings, and nine pence, and fhall be liable to the faid rate accordingly, during his life. II. And be it further enacted by the authority aforefaid, That it The lords of fhall and may be lawful for the lords of council and feffion in Scot- feffion, upon land, or any one of them, to issue letters of horning, at the inftance application, to of the general collector or receiver for the time being, of the flue letters of annual rates or other fums impofed by the said recited act, a- payment of gainst all and every the minifters of the church of Scotland, and the rates. heads, principals, and masters in the universities, fubject or liable to the fame, for compelling payment of their annual, or other rates or fums, principal or intereft, to the payment of which they or any of them are or may be liable by virtue of the Methods of faid recited act; and that the faid letters of horning fhall be exe- executing the cuted, and other proceedings fhall be had thereon, in the fame letters. form and manner as is now in ufe, and authorized by law, with respect to hornings at the inftance of the minifters of the faid church of Scotland, for compelling payment of their ftipends; and that no fufpenfion of any charge to be given in virtue of fuch letters of horning, fhall be paft without confignation of the fum charged for, as is alfo in ufe, and authorized by law in VOL. XIX. U the |