William III, 1696-7
An Act for granting to His Majesty certain Duties upon Malt Mum Sweets Cyder & Perry as well towards carrying on the Warr against France as for the necessary Occasions of His Maj[es]ties Household & other Occasions. [Chapter XXII. Rot. Parl. 8 & 9 Gul. III. p. 7. nu. 1.]

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History of Parliament Trust

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John Raithby (editor)

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1820

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247-257

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'William III, 1696-7: An Act for granting to His Majesty certain Duties upon Malt Mum Sweets Cyder & Perry as well towards carrying on the Warr against France as for the necessary Occasions of His Maj[es]ties Household & other Occasions. [Chapter XXII. Rot. Parl. 8 & 9 Gul. III. p. 7. nu. 1.]', Statutes of the Realm: volume 7: 1695-1701 (1820), pp. 247-257. URL: http://british-history.ac.uk/report.aspx?compid=46870 Date accessed: 01 October 2014.


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Duty upon Malt in Hand the 20th April 1697,; to be paid by Maltster, &c.; Duty upon Malt, to be paid by Maker; Duty upon Mum,; to be paid by Maker.
II. What Persons deemed Retailers of Cyder and Perry. III. Duties under Management of Commissioners of Excise. IV. Maltsters; &c. having Malt in Possession upon the 20th April 1697 to make Entry thereof. V. Officers to take Account of Malt in Hand upon the 20th April 1697. VI. Officers upon Request to be permitted Entrance to gauge Cisterns, and take Account of Barley, &c. VII. Maltster to pay Duties within Three Months after such Entry. VIII. Neglecting, &c. to make such Payment; Penalty. IX. The Bushel to be according to the Winchester Bushel. X. Maltster erecting, altering, &c. Cisterns, Fat, &c. for steeping Barley, &c. without giving Notice, or using private Cisterns, &c. XI. Makers of Sweets setting up or using steeping Tubs, &c. without giving Notice. XII. Powers and Penalties of 12 Car. II. c. 24. and all former Acts in force for levying the said Duties. XIII. How Penalties imposed by this Act to be sued for. XIV. Commissioners or other Officers herein named may compound for Duties. XV. Selling, &c. Malt or Malt Liquor after Composition. XVI. XVII. Liberty to Persons having paid Duty on Malt, and to Purchasers from such Persons, to export Malt (except to Scotland) on Security not to reland. XVIII. If any Malt so shipped for Exportation shall be relanded; such Malt forfeited over and above the Penalty of the Bond. XIX. Exporters of Malt to produce Certificate from Officer of Duty paid. XX. Where Malt sold before 20th April 1697 and not delivered or contracted so to be, Buyer to pay to the Seller the Duty upon Delivery, or Bargain void. XXI. Where Rent is payable in Malt, or to be ascertained by the Price of Malt, Tenant may make such Deduction as herein mentioned; which the Landlord is to allow, and Tenant discharged. XXII. Importing Malt. XXIII. Recital of Grants of £5,395,078. 19s. 11d. out of the Money levied under c. 6. ante. XXIV. After Appropriation of £200,000 out of the Monies of this Act as herein mentioned, the Residue is to be divided into Two equal Parts, and appropriated as herein mentioned. XXV. Rules, Penalties, &c. of 1 W. & M. Sess. 2. c. 1. revived and to be in force for the said Appropriations. XXVI. Duty upon Malt how appropriated; XXVII. Clause of Loan for 1,400,000; XXVIII. Managers and Directors of Lottery appointed. XXIX. Certain Tickets herein mentioned to be rolled up and marked A. XXX. The said Managers to prepare another Book of Tickets, as herein mentioned. XXXI. Certain Tickets herein mentioned to be rolled up and marked B. XXXII. The said Lottery to be drawn on the 10th Aug. 1697. XXXIII. Managers to cause a Book to be prepared and enter the Numbers of the fortunate Tickets, and sign and transmit the same into the Exchequer by the 10th Sept. 1697. XXXIV. Proceedings for ascertaining the due Course of Payment. XXXV. Times of Payment published on the First Monday in every Month. XXXVI. Interest to cease when Money ready to be paid. XXXVII. Managers before acting to take the following Oath. XXXVIII. After the aforesaid Payments, the Residue of the appropriated Fund to be applied in paying the Managers, Clerks, and other Officers. XXXIX. Receivers to pay Interest to Contributors at the Rate of £14 per Cent. per Ann. from Payment of Contribution; to be allowed the same in his Accounts, and also a Remuneration not exceeding 2d. in the Pound upon Monies paid by him into the Exchequer. XL. Receipts, &c. done and given without Fee. XLI. Money contributed Tax free. XLII. XLIII. Managers, Receivers, and the said Officers in the Exchequer to obey the Orders of the Treasury. XLIV. Clause of Loan for £200,000 Tax free at Interest of £8 per Cent. per Ann. payable every Three Months XLV. Description of the Winchester Bushel. XLVI. Proviso respecting £1,400 in hammered Money paid into the Custom House at Exeter by Daniel Ivry and Henry Arthur. Footnotes

Duty upon Malt in Hand the 20th April 1697,; to be paid by Maltster, &c.; Duty upon Malt, to be paid by Maker; Duty upon Mum,; to be paid by Maker.

Duty upon Sweets,; to be paid by Maker.; Duty upon Cyder and Perry,; to be paid by first Buyer or Retailer.

Wee Your Majesties most dutiful & loyal Subjects the Co[m]mons assembled in Parliament for a further Supply for the necessary Defence of Your Majesties Realmes & the carrying on the Warr against France & for defraying the Expence of Your Majesties Household & Family and other Your necessary Occasions doe humbly present Your Majesty with the Guift of the several Rates Duties & Impositions herein after mentioned And doe beseech Your Majesty That it may be enacted and be it enacted by the Kings most Excellent Majesty by & with the Advice & Consent of the Lords Spiritual & Temporal and Co[m]mons in this present Parliament assembled & by the Authority of the same That there shall be raised levied collected paid & satisfied unto & for the Use of His Majesty His Heires and Successors for & upon all Malt Mum Sweets Cyder & Perry the several Rates Duties & Imposic[i]ons herein after mentioned That is to say For and upon all Malt (whether the same shall be made of Barley or any other Corne or Grain whatsoever) which any Maltster or Maker of Malt for Sale Seller or Retailer of Malt Brewer Distiller Innkeeper Victualler or Vinegar Maker within this Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed or any Person or Persons in trust for him her or them or for his her or their Use shall be possessed of or interested in upon the Twentieth Day of April One thousand six hundred ninety & seven the Su[m]m of Six Pence for every Bushell and so in proportion for every greater or lesser Quantity to be paid by such p[er]son & Persons respectively For every Bushel of Malt which att any time or times from and after the said Twentieth Day of April and before the Twentieth Day of July which shall be in the Yeare of our Lord One thousand six hundred ninety and nine shall be made of Barley or any other Corne or Grain within this Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed by any Person or Persons whatsoever (whether the same be or be not for Sale) the Su[m]m of Six Pence and so proportionably for a greater or lesser Quantity to be paid by the Maker or Makers thereof respectively For every Barrel of Mum which at any time or times from and after the said Twentieth Day of April and before the said Twentieth Day of July One thousand six hundred ninety nine shall be made or sold within the said Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed the Su[m]m of Ten Shillings (over and above all present Duties payable for the same) and so proportionably for a greater or lesser Quantity to be paid by the Maker or Seller thereof respectively For every Barrel of mixt Liquors co[m]monly called or knowne by the name of Sweets made from Forreigne or English Materials whether the same are to be Drunk in kind or to be mixt with any other Liquors which att any time or times from and after the said Twentieth Day of April and before the said Twentieth Day of July One thousand six hundred ninety nine shall be made within the said Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed (over & above all present Duties payable for the same) the Su[m]m of Twelve Shillings and so proportionably for a greater or lesser Quantity to be paid by the Maker thereof And for all Cyder and Perry which at any time or times from and after the said Twentieth Day of April and before said Twentieth Day of July One thousand six hundred ninety nine shall be made for Sale within the said Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed (over and above all other Duties payable for Cyder and Perry made and sold by Retayl) the Su[m]m of Foure Shillings for every Hogshead and so in proportion for a greater or lesser Quantity to be paid by the first Buyer or Retailer thereof.

II. What Persons deemed Retailers of Cyder and Perry.

And for the avoiding of Disputes in charging of the Duties upon Cyder and Perry Be it enacted & declared That every Person who shall buy any Cyder or Perry or any Fruit to make into Cyder or Perry and shall sell any of the Cyder or Perry ( (fn. 1) ) bought or made by the Hogshead or any greater or lesser Measure shall be deemed and taken to be a Retailer of Cyder or Perry and shall be chargeable with the Duties for such Cyder and Perry so sold or bought for Sale.

III. Duties under Management of Commissioners of Excise.

Inferior Officers for Duties upon Beer, &c. to be so for collecting, &c. the said Duties; Who may be made, altered, or dismissed by the Commissioners.

And for the better ascertaining chargeing levying and collecting of the said several and respective Duties hereby granted be it further enacted by the Authority aforesaid That all and every the said Duties and Impositions by this Act granted or imposed as well upon Malt as upon Mum Sweets Cyder and Perry shall from time to time during the continuance of this Act be within the Receipt Management & Government of the Chief Co[m]missioners and Governors of the Receipt of Excise upon Beer Ale and other Liquors for the time being and that all inferior Officers whether they be Sub co[m]missioners Collectors Supvisors Gaugers or others that are or shall be constituted or appointed for levying receiving collecting or answering of His Majesties Duties of Excise upon Beer Ale and other Liquors shall within the respective Limits or Districts or in the several Places or Stations to which they are or shall be appointed be also the Sub-co[m]missioners Collectors Supervisors Gaugers or other Officers respectively for the several Duties by this Act granted neverthelesse under the Government and Direction of the said Chief Co[m]missioners of Excise for the time being or the major Part of them who have hereby power to dismisse or alter them or any of them and to make and constitute from time to time such and so many inferiour Officers for the said Duties hereby granted and every or any of them as to the said Chief Co[m]missioners for the time being or the major Part of them shall seem meet.

IV. Maltsters; &c. having Malt in Possession upon the 20th April 1697 to make Entry thereof.

Penalty; And to pay or give Security for Duties within Six Days after Entry; Allowance for prompt Payment.

And be it further enacted by the Authority aforesaid That all and every the said Malsters or Makers of Malt for Sale Sellers and Retailers of Malt Brewers Distillers Inn-keepers Victuallers & Vinegar Makers and all and every other person and persons whatsoever who in Trust for them or any of them or for the Use of them or any of them shall be possessed of or have in his her or their Custody or Possession or in his her or their ( (fn. 2) ) Out-houses Barnes Granaries or in any other Place or Places whatsoever upon the said Twentieth Day of April One thousand six hundred ninety and seven any Parcell or Quantity of Malt whatsoever shall on or before the Tenth Day of May One thousand six hundred ninety seven make a true and particular Entry att the Office of Excise within the Limitts of which they shall then respectively inhabitt upon paine to forfeit the Su[m]m of Fifty Pounds and the Malt for which no such Entry shall have been made And within Six Days after hee she or they shall have made or ought to have made such Entries as aforesaid shall pay downe the Duties hereby due or payable for such Malt to the proper Officer or Officers for receiving the same or within the said Six Days shall give Security to the said respective Officers for paying the said Duties to His Majesties Use within Six Months then next ensuing And in case the said Duties shall be paid downe within the said Six Days then there shall be allowed out of the said Duty for such prompt Payment a Discount or Allowance after the Rate of Ten Pounds per Centum per Annum for the said time of Six Months.

V. Officers to take Account of Malt in Hand upon the 20th April 1697.

Maltsters, &c. to permit Officers to enter Premises; Penalty £10.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for all such Officers as are or shall be appointed as aforesaid respectively to take a true and particular Account and Admeasurement of all such Malt as any Maltsters or Makers of Malt for Sale Sellers or Retailers of Malt Brewers Distillers Inn-keepers Victuallers or Vinegar Makers or any Person or Persons for them or any of them shall on the said Twentieth Day of April One thousand six hundred ninety and seven have or be possessed of and for that purpose shall be permitted in the Day time to enter into any Dwelling house Out-house Barne or other Place whatsoever belonging to such Malster or Maker of Malt for Sale Sellers and Retailers of Malt Brewers Distillers Innkeepers Victuallers & Vinegar Makers and every of them who are hereby required to permitt and suffer such Officer or Officers upon his or their Request to make such Entrance on the said Twentieth Day of April or afterwards att any time before the Duty upon such Malt shall be paid or secured and to take such Account and Admeasurement under the Penalty of Ten Pounds.

VI. Officers upon Request to be permitted Entrance to gauge Cisterns, and take Account of Barley, &c.

Officers to report thereon to the Commissioners, and to leave Copy of Report with Maltster, which shall be a Charge upon him; Refusing Entrance, or to permit Officer to take Account, &c; Penalty £5; Maltster to make Monthly Entries; Penalty £10.

And be it further enacted by the Authority aforesaid That all and every the said Gaugers and Officers which are or shall be so constituted and appointed shall att all times in the Day time be permitted upon their Request to enter the House Malthouse and all other places whatsoever belonging to or used by any Person or Persons whatsoever who att any time or times from and after the said Twentieth Day of April One thousand six hundred ninety & seven and before the said Twentieth Day of July One thousand six hundred ninety and nine shall make any Malt (either for Sale or not for Sale) and to gauge all Cisterns Uting Fatts Utensils & other Vessells used by any such Malster or Maker of Malt for the wetting or steeping of any Barley or other Corn or Graine for the making of Malt and to gauge measure and take an Account of the just Quantity of the Barley and other Corn or Graine which shall be found wett or steeping in any such Uting Fatt Utensil Cistern or other Vessell or shall have been wetted or steeped in them or any of them for the making of Malt And shall thereof make Returne or Report in Writing to the said Co[m]missioners or such other Person or Persons as they shall appoint to receive the same leaving a true Copy of such Report in Writing under his Hand with such Malster or maker of Malt and such Report or Returne of the said Gaugers shall be a Charge upon such Malster or maker of Malt respectively And if any such Malster or other Person making Malt for Sale or private Use shall refuse to permitt any such Gauger or Officer to enter his House Malt-house or other place aforemenc[i]oed to measure compute and take an Account of all his Malt and to gauge all & every such Uting Fatts Utensils Cisterns and other Vessells and to gauge and take an Account of his Barley or other Corne or Graine in any such Cisterne Uting Fatt Utensil or Vessell every such Malster or other Person shall forfeit and lose for every such Offence the Su[m]m of Five Pounds And that from & after the said Twentieth Day of April One thousand six hundred ninety ( (fn. 3) ) seven dureing the Continuance of this Act every Malster or other Person making Malt for Sale or not for Sale shall monthly and every Month make a true Entry att the said Office of Excise of all the Malt by him made in such Month respectively on pain to forfeit for every such neglect the Su[m]m of Ten Pounds.

VII. Maltster to pay Duties within Three Months after such Entry.

And be it further enacted by the Authority aforesaid That every such Malster or other Maker of Malt shall within Three Months after hee shall make or ought to have made such Entry as aforesaid pay and cleare off all the said Duties which shall be due from him or them respectively.

VIII. Neglecting, &c. to make such Payment; Penalty.

Maltster, &c. not to sell, &c. Malt till Duties paid; Penalty.

And be it further enacted That every such Malster or other Person chargeable with the said Duties who shall neglect or refuse to make such Payment as aforesaid shall forfeit and lose for every such Offence double the Su[m]m of the Duty whereof the Payment shall be so refused or neglected And that no such Malster or other Person after such Default made shall sell deliver or carry out any Malt until hee hath paid and cleared off his Duty as aforesaid on paine to forfeit double the Value of such Malt so delivered or carried out.

IX. The Bushel to be according to the Winchester Bushel.

Rule for Return of Bushel of Malt by Officer.

And for the avoiding all Disputes touching the Returns made or to be made by the Gaugers of any Malt as aforesaid Be it enacted [and declared (fn. 4) ] by the Authority aforesaid That by the Bushel in this Act mentioned is ment & intended a Bushell according to the Standard remaining in the Custody of the Chamberlains of His Majesties Excheq[uer] co[m]monly called or knowne by the Name of the Winchester Bushell and that the Quantity of Barley or other Corne or Graine taken by the Gauge according to such Bushell in any Cisterne Uting Fatt Utensil or other Vessell wherein such Barley or other Corne or Graine shall be found wetting or steeping or which shall be found to have been wetted or steeped for the making of Malt shall be charged and returned by the Gauger as so many Bushells of Malt.

X. Maltster erecting, altering, &c. Cisterns, Fat, &c. for steeping Barley, &c. without giving Notice, or using private Cisterns, &c.

Penalty £50.

And be it further enacted That from and after the said Twentieth Day of April One thousand six hundred ninety and seven dureing the Continuance of this Act no Malster or other Person making Malt for Sale or not for Sale shall erect or sett upp alter or enlarge or make Use of any Cisterne Uting Fatt Utensil or other Vessell for the Wetting or steeping of any Barley or other Corne or Graine for the making of Malt without first giving Notice thereof to the next Office of Excise or shall keep or make use of any private Cisterne Uting Fatt Utensil or other Vessell for the wetting his Barley or other Corne or Graine to make Malt other than such as are openly knowne and made use of in his co[m]mon Malt-house on paine to forfeit for every such Cisterne Uting Fatt or Utensil or other Vessell so erected or sett upp altered or enlarged kept private or concealed or unlawfully used as aforesaid the Su[m]m of Fifty Pounds.

XI. Makers of Sweets setting up or using steeping Tubs, &c. without giving Notice.

Penalty £50.

And be it further enacted That from and after the said Twentieth Day of April One thousand six hundred ninety and seven dureing the Continuance of this Act no Sweet Maker or other Person making Sweets shall erect sett up or make use of any Steeping Tub Tun Cask or other Vessell for the making or keeping of Sweets without first giving Notice thereof att the next Office of Excise upon paine to forfeit and lose for every such Steeping Tub Tun Cask and other Vessell so erected sett up or made use of the Su[m] of Fifty Pounds.

XII. Powers and Penalties of 12 Car. II. c. 24. and all former Acts in force for levying the said Duties.

Except as enacted otherwise by this Act.

And be it further enacted by the Authority aforesaid That all and every the Powers Authorities Directions Rules Methods Penalties Forfeitures Clauses Matters and Things which in and by an Act of Parliament made in the Twelfth Yeare of King Charles the Second intituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service & Purveyance and for settling a Revenue on His Majestie in lieu thereof or by any other Law now in force relateing to His Majesties Revenue of Excise upon Beer Ale or other Liquors are provided settled or established for raising levying collecting recovering [adjudging or ascertaining the Duties thereby granted or any of them other then in such cases for which other Penalties or provisions are made & p[re]scribed by this Act shall be exercised practised applyed used levyed recovered & putt in Execution for the raiseing levying collecting recovering (fn. 5) ] & paying as well the said Duties ( (fn. 6) ) Malt as the said several Duties upon Mum Sweets Cyder and Perry hereby granted dureing the Continuance of this Act as fully and effectually to all Intents and Purposes as if all and every the said Powers Authorities Rules Directions Methods Penalties Forfeitures Clauses Matters and Things were particularly repeated & again enacted in the Body of this present Act.

XIII. How Penalties imposed by this Act to be sued for.

And be it further enacted by the Authority aforesaid That all Fines Penalties and Forfeitures by this Act imposed shall be sued for levied & recovered by such Ways Means and Methods as any Fine Forfeiture and Penalty is or may be recovered by any Law or Laws of Excise or by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster and that one Moiety of every such Fine Penalty or Forfeiture shall be to His Majesty or His Heires and Successors and the other Moiety to him or them that shall discover informe or sue for the same.

XIV. Commissioners or other Officers herein named may compound for Duties.

Terms of such Composition; Malthouses, &c. of Persons compounding not liable to Duty of 6d. per Bushel upon Malt, or to Survey.

And whereas many of His Majesties Subjects do make Malt not to sell or make any Profitt thereof but to be consumed in their owne Families onely For the better Accom[m]odation of such Persons it is hereby further enacted and provided by the Authority aforesaid That the said Co[m]missioners of Excise for the time being or the major part of them or such Person or Persons as they or the major part of them shall appoint for that purpose and in default of such Appointment then the Collector and Supervisor for the District or Division within which such Person doth or shall inhabitt shall & may compound & agree with such Person or Persons for the said Duties of such Malt which shall grow due or payable from him her or them by this Act until the end of the Terme hereby granted att the Rate of Five Shillings per Annum for every Head which att any time or times dureing the Continuance of such Composition shall be in the Family of such Person or Persons respectively and to take Security for the Payment thereof Quarterly And that the Houses Out-houses Malt-houses or other Places of such particular Persons making such Composition or Agreement & giving such Security and duely complying with their Payments thereupon shall not be liable to the said Duty of Sixpence per Bushel upon Malt or to the Survey or Search of any Gauger or Officer of the Excise for or by reason of his or their making such Malt as aforesaid.

XV. Selling, &c. Malt or Malt Liquor after Composition.

Penalty £50.; and to lose Benefit of Composition.

Provided That if any such Person after such Composition made shall sell exchange barter or deliver out any Malt to any other Person or Persons or shall sell any Beer Ale or other Liquors made of Malt then every such Person shall forfeit the Sum of Fifty Pounds to be recovered and distributed as aforesaid and after any such Offence com[m]itted shall lose the benefitt of his her or their Composition aforesaid and shall be liable to the said Duty of Six Pence a Bushel upon Malt and to the Survey and Search of the said Officers as if no such Composition had ever been made Any thing in this Act contained to the contrary notwithstanding.

XVI.

Allowance for Difference of Quantity between Corn when wet and when converted into dry Malt.

And in regard the Quantity of Barley or other Corne or Graine taken by the Gauge in any Cisterne Uting Fatt or other Vessell or Utensil wherein such Barley or other Corne or Graine shall be found wetting or steeping or which shall be found to have been wetted or steeped for the making of Malt is by this Act to be charged & returned by the Gauger as so many Bushels of Malt Itt is hereby further enacted by the Authority aforesaid That out of every Twenty Bushells so charged by the Gauger there shall be an Allowance made to the Maker of the said Malt of Foure Bushells and out of every greater or lesser Quantity a proportionable Allowance shall be made in Consideration of the difference between the Quantity of such Corne when itt is wett and swollen and the Quantity thereof when it is converted into dry Malt Any thing herein contained to the contrary notwithstanding.

XVII. Liberty to Persons having paid Duty on Malt, and to Purchasers from such Persons, to export Malt (except to Scotland) on Security not to reland.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for any Person or Persons who shall have actually paid His Majesties Duties by this Act payable for any Quantity of Malt whatsoever and to and for any other Person or Persons who shall buy or be lawfully intituled to any such Quantity of Malt from the said Person or Persons who actually paid His Majesties Dutyes for the same to export such Malt for any Forreigne Parts Scotland excepted giving sufficient Security before the shipping thereof for Exportation that the particular Quantity of Malt which shall be intended to be exported as aforesaid or any Part thereof shall not be relanded or brought again into any part or parts of this Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed which Security the Customer or Collector of the respective Port for such Exportac[i]on is hereby directed and authorized to take in His Majesties Name and to His Use.

XVIII. If any Malt so shipped for Exportation shall be relanded; such Malt forfeited over and above the Penalty of the Bond.

Provided always That if after the Shipping of any such Malt to be exported as aforesaid & the giving or tendring of such Security as aforesaid in order to obtaine the Allowance or Drawback herein after mentioned the Malt so shipped to be exported shall be relanded in any Part of the said Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed that then and in every such Case (over and above the Penalty of the Bond which shall be levied and recovered to His Majesties Use) all the Malt which shall be so landed againe or the Value thereof shall be forfeited to witt One Moiety thereof to the King and the other Moiety to the Person or Persons that will seize informe or sue for the same to be recovered as any other Penalties by this Act are recoverable.

XIX. Exporters of Malt to produce Certificate from Officer of Duty paid.

Such Certificate to be given on Oath made that Duty paid and that the Malt exported is the same mentioned in Certificate; and thereupon the Officer to give to Exporter a Certificate of Quantity, upon Production of which Duty repaid; If Officers have not Money in hand Commissioners to repay the same.

And be it further enacted by the Authority aforesaid That every Person or Persons who shall export any Malt into Forreigne Parts except as aforesaid shall produce a Certificate or Certificates from the Collector or Officer who received the Duty of such Malt that the Duty thereof hath been paid or secured to be paid which Certificate the Collector or Officer is hereby required to give Proof being made upon Oath that the Duty of such Malt hath been paid or secured to be paid (which Oath the said Collector or Officer is hereby required to administer) and also making Oath before the Officer or Collector of the Port that the Malt so exported is the same mentioned in such Certificate that then the Collector or Chief Officers of the Port where such Malt shall be [so (fn. 7) ] exported shall give to the Exporter thereof a Certificate or Debenture expressing the true Quantity of the Malt so exported or shipped for Exportation which Certificate or Debenture being p[ro]duced to the Collector or other Officer appointed to receive the said Duty in the County or Place where such Malt was exported he is hereby required to pay the said Duty of Six Pence per Bushell to the Persons or their Agents so exporting the same And in case the Collector or other Officers shall not have Moneys in their Hands to pay the same then the Co[m]missioners appointed for executing of this Act are hereby required to pay the same out of the Duties ariseing by the said Act Any thing in this Act contained to the contrary notwithstanding.

XX. Where Malt sold before 20th April 1697 and not delivered or contracted so to be, Buyer to pay to the Seller the Duty upon Delivery, or Bargain void.

Provided always and be it enacted and declared by the Authority aforesaid That where ever any Person or Persons Bodies Politick or Corporate or others that are charged with the Duty mentioned in this Act shall have sold any Malt to any Person or Persons before the said Twentieth Day of April One thousand six hundred ninety and seven and not delivered the same to the Buyer or contracted so to do that then and in every such Case the Buyer of the said Malt shall be obliged to pay to the Seller the Duty of Six Pence per Bushell for every Bushell so sold upon Delivery thereof otherwise such Bargaine and Contract shall be and is hereby declared to be void Any thing in this Act contained to the contrary in any wise notwithstanding.

XXI. Where Rent is payable in Malt, or to be ascertained by the Price of Malt, Tenant may make such Deduction as herein mentioned; which the Landlord is to allow, and Tenant discharged.

And be it further enacted by the Authority aforesaid That where any Rent is reserved and payable in Malt or if payable in Money and the Su[m]m or Quantity of such Rent is to be ascertained by the Price of Malt and is to increase just as much as the Price of Malt doth increase itt shall and may be lawfull dureing the continuance of this Act for the Tennant of any Lands subject to any such Rent to detaine deduct and abate so much of every such Rent as will amount to Two Shillings a Quarter for every Quarter of Malt or the Value of it in Money that is so reserved and so proportionably for any lesser Quantity and the Person or Persons Body Politick or Corporate to whom any such Rent is reserved as aforesaid shall upon Receipt of the Residue of any such Rent make an Allowance of such Deductions as aforesaid and the Tenant be discharged as if such Payment had been made without any Deduction or Abatement whatsoever.

XXII. Importing Malt.

Forfeiture of the Malt or the Value thereof.

Provided always and be it enacted by the Authority aforesaid That from and after the said Twentieth Day of April One thousand six hundred ninety and seven dureing the Continuance of this Act no Malt shall be brought or imported into this Kingdome of England Dominion of Wales or Town of Berwick upon Tweed from any Forreigne Part or Parts beyond the Seas upon paine of Forfeiture of the Malt so imported or the full Value thereof One Moiety to the King and the other Moiety to such Person or Persons as shall seize informe or sue for the same by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law or any more than one Imparlance shall be allowed.

XXIII. Recital of Grants of £5,395,078. 19s. 11d. out of the Money levied under c. 6. ante.

£1,200,000 appropriated as herein mentioned; All other of the said Monies except Monies lent upon the Credit of 7 & 8 W. III. c. 2; and except Monies not exceeding £23,006. 17s. 8½d. lent on Credit of the Exchequer as herein mentioned; appropriated as herein mentioned

And whereas the Co[m]mons in this present Session of Parliament have given & granted unto His Majesty the Su[m]m of Five millions three hundred ninety five thousand seventy eight Pounds nineteen Shillings and Eleven Pence that is to say The su[m]m of Two millions three hundred seventy two thousand one hundred ninety seven Pounds for the Use of His Majesties Navy & Ordnance for Sea Service Ordnary of the Navy Payment of Marine Officers & Charge of registring Seamen and the Su[m]m of Two Millions five hundred & seven thousand eight hundred eighty one Pounds nineteen Shillings and eleven Pence for the Land Service and the Su[m]m of Five hundred and fifteene thousand Pounds for the defraying the Expences of His Majesties Household and other His Majesties necessary Occasions Now to the Intent the whole Su[m]m granted this present Session of Parliament for the Uses aforesaid may be thereunto respectively appropriated Itt is hereby further enacted by the Authority aforesaid That out of the Money that hath been or shall be levied by Loans Bills or otherwise by virtue of one Act of this present Session of Parliament intituled An Act for granting an Aid to His Majesty as well by a Land Tax as by several Subsides and other Duties payable for One Yeare the Su[m]m of Twelve hundred thousand Pounds shall be and is hereby appropriated for the Service of the Navy and Ordnance p[er]formed and to be performed and for the Ordnary of the [said (fn. 8) ] Navy Payment of Marine Officers and Charges of registring Seamen and that all other Moneys which shall be levied and paid by virtue of the last recited Act into the Receipt of Excheq[uer] as well upon Loans as otherwise other than the Su[m]ms which have been lent to His Majesty upon the Credit of One Act of Parliament made in the Seventh Yeare of His Majesties Reigne intituled An Act for enlargeing the times to come in and purchase certain Annuities therein mentioned and for continuing the Duties formerly charg'd on Low Wines or Spiritts of the first Extraction for carrying on the Warr against France and which are transferred to the last recited Act & other than the Su[m]ms not exceeding Twenty three thousand and six Pounds seventeen Shillings and eight Pence Halfe-penny which were lent on Creditt of the Exchequer in general by virtue of certaine Letters of Privy Seale in that behalfe and are also transferred to the said Aid of Three Shillings in the Pound shall be applied and appropriated to and for the Payment of His Majesties Land Forces and Ordnance Ammunition & other Charges incident to the Warr and not otherwise.

XXIV. After Appropriation of £200,000 out of the Monies of this Act as herein mentioned, the Residue is to be divided into Two equal Parts, and appropriated as herein mentioned.

And be it further enacted by the Authority aforesaid That out of the first Moneys ariseing by virtue of this present Act either by Loans Bills or otherwise the Su[m]m of Two hundred thousand Pounds shall be and is hereby appropriated for the defraying the Expences of His Majesties Household and other His Majesties necessary Occasions And from and after the Payment of the said Su[m]m of Two hundred thousand Pounds all the Money ariseing by virtue of this Act as aforesaid shall be divided into Two equal Parts the one Moiety whereof to be applied to the Service of His Majesties Household and other His Majesties necessary Occasions and the other Moiety to be equally applied to the respective Services of the Navy aforesaid and of the said Army until the said Su[m]m of Five hundred and fifteen thousand Pounds shall be fully answered and paid And from and after the Payment of the said Su[m]m as aforesaid all other the Su[m]ms ariseing by virtue of this Act shall be applied and appropriated and are hereby appropriated the one Moiety to the respective Uses of the Navy as aforesaid and the other Moiety for the Use of His Majesties Land Forces.

XXV. Rules, Penalties, &c. of 1 W. & M. Sess. 2. c. 1. revived and to be in force for the said Appropriations.

And that the Su[m]ms by this Act appropriated may not be diverted or applied to any other Purpose than is hereby directed and intended be it enacted by the Authority aforesaid That the Rules and Directions appointed and enacted in one Act made in the First Yeare of His Majesties Reigne intituled An Act for a Grant to Their Majesties of an Aid of Two Shillings in the Pound for One Yeare for the speedy Payments of Moneys thereby granted into the Receipt of the Exchequer by the Collectors & Receivers thereof and for the Distribution and Application thereof and keeping distinct Accounts of the same and all other Provisoes Pains Penalties & Forfeitures thereby enacted in case of Diversion of any Money thereby appropriated are hereby revived and enacted to be in Force and shall be practised executed applied and putt in Ure for and concerning the Distribution & Application of the said Su[m]ms hereby appropriated as fully amply and effectually as if the same were here particularly repeated & reenacted.

XXVI. Duty upon Malt how appropriated;

Deficiency to be made good out of the First Aid granted in Parliament after 20th April 1698. If Duties upon Malt before 29th Sept. 1699, and Monies supplied to make good the said Deficiency do not amount to £1,515,000, Deficiency supplied out of the First Aid after the said 29th Sept.

And be it further enacted by the Authority aforesaid That all the Moneys of the Duties upon Malt by this Act granted which shall be brought and paid into the Receipt of His Majesties Excheq[uer] from time to time in Specie shall be there appropriated issued & applied and the same are hereby appropriated to and for the Payment and Satisfaction of such Moneys as shall be due upon Bills or Ticketts herein after mentioned And in case the said Duties upon Malt by this Act granted shall appeare to be so deficient or low in the Produce of the same as that the Money thereby ariseing and brought into the Excheq[uer] in Specie before the Twentieth Day of April One thousand six hundred ninety eight for the Purpose aforesaid shall not amount to Eight hundred thousand Pounds then the Deficiency thereof or so much as will make upp the said Su[m]m of Eight hundred thousand Pounds shall be made good and supplied out of the First Aid to be granted in Parliament after the said Twentieth Day of April One thousand six hundred ninety eight and shall be transferred thereunto as soon as the same shall beé granted And if all the Moneys ariseing by the said Duties upon Malt hereby granted which shall be brought into the Exchequer before the Nine & twentieth Day of September One thousand six hundred ninety nine together with the Money which in the mean time shall have been supplied to make good a Deficiency (if any such be) as aforesaid shall not in the whole amount to Fifteen hundred and fifteen thousand Pounds [that then so much as shall be wanting to make upp the sd? whole Su[m]m of 1515000 Pounds (fn. 9) ] shall be supplied and made good out of the First Aid to be granted in Parliament after the said Nine and twentieth Day of September One thousand six hundred ninety nine and shall be transferred thereunto as soon as the same shall be granted.

XXVII. Clause of Loan for 1,400,000;

Receivers may accept New Milled Money or Hammered Money or Plate of the Fineness and at the Rate herein mentioned.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for any p[er]son or persons Natives or Forreigners to contribute for and towards the advancing the Su[m]m of Fourteen hundred thousand Pounds to Receivers who are to pay or answer the same into the Exchequer for the Uses in this Act mentioned by paying att or before the Foure and twentieth Day of June One thousand six hundred ninety seven to any Receiver or Receivers to be appointed by the Co[m]missioners of the Treasury or any Three of them or the High Treasurer for the time being (who shall take Security to the King according to their best Discretions from such Receivers for the due Performance of their respective Trusts) the Su[m]m of Ten Pounds or diverse entire Su[m]ms of Ten Pounds upon this Act as hee she or they shall think fitt and for every such Su[m]m of Ten Pounds so advanced hee she or they shall have or be interested in One Lott or Share pursuant to this Act And that the said Receivers shall accept and take New mill'd Money or Ha[m]mered Silver Money or such Plate as is of the Finenesse of Eleven Ounces and Two Penny Weight Troy or such Plate as hath the Marks of Goldsmiths Hall thereupon denoting that Standard and every or any of them att the Rate of Six Shillings the Ounce Troy for the said Contributions.

XXVIII. Managers and Directors of Lottery appointed.

To meet and cause Books of Tickets to be prepared as herein mentioned.; Books to be delivered to Receivers, who on Receipt of Contribution are to deliver a Ticket to Contributor.; Receiver to answer the Monies, &c. so received into the Exchequer; and to redeliver Books to the said Managers; and also an Account of Monies received for the Tickets.; Managers to cause Tickets herein mentioned not disposed to Contributors to be delivered as Money into the Exchequer, and to be issued accordingly; Owners, &c. of Tickets deemed Contributors.

And be it further enacted by the Authority aforesaid That such Persons as His Majesty under the Great or Privy Scale or under His Royal Sign Manual shall nominate shall be Managers and Directors for preparing & delivering of Ticketts & to oversee the drawing of Lotts and to order do and performe such other Matters and Things as are hereafter in and by this Act directed or appointed by such Managers or Directors to be done and performed And that such Managers shall meet together from time to time att some convenient Place for the Execution of the Powers and Trusts in them reposed by this Act And that the said Managers or Directors or so many of them as shall be present att any such Meeting or the major Part of them shall cause Books to be prepared in which every Leafe shall be divided or distinguished into Foure Columns and upon the Innermost of the said Columes there shall be printed One hundred and forty thousand Ticketts numbred One Two Three and so on in Arithmetical Progression where the Co[m]mon Excesse is to be One until they arise to and for the Number of One hundred and forty thousand and upon the Second Colume in every of the said Books there shall be printed One hundred and forty thousand Ticketts of the same Length Breadth & Forme and numbred in like manner and in the Third Columes of the said Books there shall be printed a Third Rank or Series of Ticketts of the same Numbers with those in the two former Columes & that every Tickett in the Third Columes of the said Books shall have written or printed thereupon (besides the Number) Words to this Effect to witt (This Tickett intitules the Bearer to Ten Pounds with One Farthing a Day Interest from the Foure and twentieth Day of June One thousand six hundred ninety seven or to a better Chance) and the Ticketts in the Fourth Columes shall be like those in the First and Second Columes Which Books being examined the said Managers shall take off all the Ticketts in the Fourth or extreame Columes and reserve the same for the better Tryal of such Ticketts about which future Disputes may arise And then the said Books shall be delivered to the said Receivers respectively who are hereby directed & required upon his or their receiving of every or any Su[m]m of Ten Pounds from any Contributor or Adventurer in such Money or Plate as aforesaid to cutt out of the said Book or Books a Tickett of the said Third Colume and to signe & deliver the same to the Contributor or Adventurer And the said several Receivers shall answer the Moneys and Plate so by them severally to be received into His Majesties Excheq[uer] for the Uses in this Act expressed and shall on the Tenth Day of July One thousand six hundred ninety seven redeliver to the said Managers att their Offices or Place of Meeting all the said Books and therein all the Ticketts of the First and Second Columes before mentioned and so many of the said Ticketts of the Third [Columes (fn. 10) ] (if any such be) as the said Receivers shall not have cutt out & delivered to the Contributors for their Money or Plate as aforesaid And shall then and there also deliver to the said Managers and Directors a true and just Account in Writing under their Hands of all Su[m]m and Su[m]ms of Money and Plate accrued or come to the Hands of such Receiver and Receivers respectively by or for the Ticketts delivered out as aforesaid and how the same or how much thereof shall have been actually paid by every such Receiver into the Receipt of the Excheq[uer] to and for the Uses in this Act directed And that the said Managers & Directors or the major part of them which shall be present att a Meeting as aforesaid shall cause all the Ticketts of the said Third Columes which shall not have been disposed to Contributors as aforesaid to be delivered as so much Money into the Receipt of His Majesties Excheq[uer] for the Use of the Warr and of His Majesties Household and other [the (fn. 9) ] Uses in thisAct expressed and the same shall and may from thence be issued to and for the said respective Uses as if the same were Cash or Moneys And the Owners or Bearers of such Ticketts ( (fn. 11) ) in respect of the same be esteemed Contributors or Adventurers as if such Owners or Bearers had originally paid to the said Receivers or any of them Money or Plate att the Rate aforesaid for the same.

XXIX. Certain Tickets herein mentioned to be rolled up and marked A.

And be it enacted That the said Managers or the major part of them who shall be present att a Meeting as aforesaid shall cause all the Ticketts of the said Second Columes to be carefully rolled upp and made fast with Threed or Silk and shall in their presence and in the presence of such of the Contributors as will be there cause all the Ticketts which are to be so rolled upp to be cut [of (fn. 12) ] Indentwise into a Box to be prepared for this purpose and to be marked with the Letter (A) & to be secured by the said Managers until the said Ticketts are to be drawne as is herein after mentioned.

XXX. The said Managers to prepare another Book of Tickets, as herein mentioned.

And be it further enacted by the Authority aforesaid That the said Managers and Directors or the major part of them which shall be present att any Meeting as aforesaid shall also prepare or cause to be prepared one other Book in which every Leafe shall be divided or distinguished into Two Columes and upon the Innermost of those Columes there shall be printed Five thousand Ticketts and upon the Outermost of the said Two Columes there shall be printed Five thousand Ticketts all which shall be of equal Length and Breadth as neare as may be And that Three thousand five hundred part of the said Five thousand Ticketts to be contained in the Outermost Colume of the said Book last mentioned shall be called The Fortunate Ticketts to which extraordinary Benefitts shall belong and shall be written upon as well in Figures as in Words att Length in manner following (that is to say) upon One of them One thousand Pounds upon Two of them severally Five hundred Pounds upon every One of Three of them severally Foure hundred Pounds upon every One of Foure of them severally Three hundred Pounds upon every one of Six of them severally Two hundred Pounds upon every one of Fifty and one of them severally One hundred Pounds upon every one of One hundred and three of them severally Fifty Pounds upon every one of One hundred and thirty of them severally Tirty Pounds upon every One of Foure hundred of them severally Twenty Pounds upon every one of Two thousand eight hundred of them severally Ten Pounds which Su[m]ms so to be written upon the said Fortunate Ticketts together with One hundred and fifty Pounds to be allowed to the Owner of the First drawne Tickett and One hundred Pounds to the Owner of the last drawne Tickett (besides the Benefitt which may happen to belong to the Two Ticketts last mentioned) will amount in the whole to Fifty and six thousand Pounds to be paid as herein after expressed.

XXXI. Certain Tickets herein mentioned to be rolled up and marked B.

The said Rolling up, &c. to be performed on or before the 2d Aug. 1697.

And be it further enacted That the said Five thousand Ticketts which shall be contained in the said outermost Columes of the Books last mentioned shall in the presence of the said Managers & Directors or the major part of them which shall be present att a Meeting as aforesaid and in the p[re]sence of such Adventurers as will then be there be carefully rolled upp & fastned with Threed or Silk and be severally cutt out Indentwise into another Box to be prepared for this purpose and to be marked with the Letter [B] to be secured by the said Managers until these Ticketts shall also be drawne in the Manner and Forme herein after mentioned And that no Money or Plate shall be received from any Contributor or Adventurer as aforesaid after the said Foure & twentieth Day of June One thousand six hundred ninety seven And that the whole Businesse of rolling upp cutting off and putting into the said Boxes the said Ticketts and locking upp and sealing the said Boxes shall be performed by the said Managers on or before the Second Day of August One thousand six hundred ninety seaven.

XXXII. The said Lottery to be drawn on the 10th Aug. 1697.

Manner of drawing the same; to continue until the whole Number of Tickets shall be drawn; If Proceedings of Drawing cannot be performed in One Day, the same to be adjourned from Day to Day. By what Means the Holders of fortunate Tickets may be made acquainted therewith.; Forging Tickets, or knowingly bring the same to the Managers; Felony; Managers may cause the Bringers of such Tickets to be apprehended, and may commit.

And be it further enacted by the Authority aforesaid That on the Tenth Day of August One thousand six hundred ninety seaven the said Managers and Directors shall cause the said several Boxes with all the Ticketts therein to be brought into the Guild-Hall in the Citty of London by Eight of the Clock in the Forenoon of the same Day and placed on a Table there for this purpose and shall then and there severally attend this Service and cause the Two Boxes containing the said Ticketts to be opened and the Ticketts to be well shaken and mixed in each Box distinctly And some one indifferent and fitt Person to be appointed and directed by the Managers aforesaid or the major part of them or of such of them as shall be then p[re]sent shall take out or draw One Tickett from that Box where the said numbered Ticketts shall be as aforesaid putt and one other indifferent and fitt Person to be appointed and directed in like manner shall presently take out a Tickett or Lott from the Box where the said Three thousand five hundred fortunate and fifteen hundred Blank Ticketts shall be p[ro]miscuously putt as aforesaid and im[m]ediately both the Ticketts so drawne shall be opened and the numbred Tickett as well as the Fortunate or Blank Tickett shall be named aloud And if the Tickett taken or drawne from the Box containing the Fortmate and Blank Lotts shall appeare to be a Blank then the numbred Tickett so drawne with the said Blank att the same time drawne shall both be putt on one File And if the Tickett so taken or drawne from the Box containing the Fortunate and Blank Lotts shall appeare to be one of the Fortunate Ticketts then the Su[m]m written upon such Fortunate Tickett (whatsoever it be) shall be entred by a Clerk which the said Managers or the major part of them as aforesaid shall employ and oversee for this purpose into a Book to be kept for entring the Numbers coming upp with the said Fortunate Ticketts and the Su[m]ms [whereby (fn. 13) ] they shall be intituled respectively And one or more of the said Managers shall sett their Names as Witnesses to every such Entry And the said Fortunate and Numbred Tickett so drawne together shall be putt upon another File And so the said drawing of the Ticketts shall continue by taking one Tickett att a time out of each Box and with opening naming aloud filing the same and by entring the fortunate Lotts in such Method as is before mentioned until the whole Number of Three thousand five hundred Fortunate Ticketts and one more for the last as aforesaid shall be compleatly drawn and no longer And if the same cannot be performed in one Days time the said Managers or Directors shall cause the Boxes to be locked upp & sealed in manner as aforesaid and adjourne till the next Day and so from Day to Day and then open the same and proceed as above till the said whole Number of Fortunate Ticketts and one Number more shall be compleatly drawne as aforesaid and no longer And afterwards the said numbred Ticketts so drawne with the Fortunate Ticketts drawne against the same shall be and remaine in a strong Box lockt upp as aforesaid & under the Custody of the said Managers until they shall take them out to examine adjust and settle the p[ro]perty thereof if occasion requires And to the end the Fortunate may know (whether absent or present) to what degree they have been so as soon as the drawing is over the said Managers are hereby required forthwith to cause to be printed and published the Number of the Tickett drawne against each Fortunate Tickett and the Su[m]m written in the same And if any Contention or Dispute shall arise in adjusting the Property of the said Fortunate Ticketts the major part of the Managers aforesaid agreeing therein shall determine to whom it does and ought to belong And if any Person or Persons shall forge or counterfeit any such Tickett or Ticketts as aforesaid or bring any forged or counterfeit Tickett (knowing the same to be so) to the said Managers or any of them to the Intent to defraud His Majesty or any other upon this Act that then every such Person or Persons (being thereof convicted in due Forme of Law) shall be adjudged a Felon and shall suffer as in cases of Felony And the said Managers and Directors or any Two or more of them are hereby authorized and impowered to cause any such Person or Persons bringing such forged or counterfeit Tickett or Ticketts as aforesaid to be apprehended and to co[m]mitt him her or them to His Majesties Gaol of Newgate to be proceeded against for the said Felony according to Law.

XXXIII. Managers to cause a Book to be prepared and enter the Numbers of the fortunate Tickets, and sign and transmit the same into the Exchequer by the 10th Sept. 1697.

Persons whose Numbers shall be so transmitted to enjoy the Benefit thereof; Contributors of £10, and who are not entitled to a fortunate Ticket, to receive £10 in the Coin of the Realm, with One Farthing per Diem Interest, from 24th June 1697 until paid; Holders of fortunate Tickets, not exceeding £20, to have £10 with said Interest over and above.; Tickets paid to Bearer.

And be it enacted by the Authority aforesaid That the said Managers or Directors or the major part of them shall cause One Book of Parchment or Velum to be prepared and shall enter or cause to be entred therein as well in Words as in Figures the Numbers of the Ticketts which shall intitule the Owners thereof to any of the Three thousand five hundred extraordinary Benefitts which hee or she is respectively to have by this Act who shall thereby be intituled to the respective Benefitts ariseing with their Numbers and the like shall be done for the said First and last drawne Tickets and that the Book last mentioned shall be signed by the said Managers or the major Part of them and transmitted by the Tenth Day of September One thousand six hundred ninety seven att the furthest into the Receipt of His Majesties Excheq[uer] into the Office of Auditor of the said Receipt there to remaine for the future And that every p[er]son whose Number shall be so transmitted into the said Receipt of Exchequer his her or their Executors Administrators and Assignes shall have receive and enjoy and be intituled to have receive and enjoy such Prize and Benefitt so sett against his or her Number respectively in the Book last mentioned out of the said Fund by this Act provided as soon as the said Su[m]m shall be received & paid into the Exchequer in course without any Interest and all and every Person and Persons who shall have contributed or advanced any Su[m]m of Ten Pounds or several entire Su[m]ms of Ten Pounds as aforesaid or that shall have any of the said Ticketts to be issued att the Exchequer as aforesaid not being intituled to a fortunate Lott by the Drawing before mentioned his her [or (fn. 14) ] their Executors Administrators & Assignes respectively shall have receive & enjoy and be intituled to have receive and enjoy for every such Su[m]m of Ten Pounds so contributed or adventured or contained in such Tickett Ten Pounds in the lawfull Coins of this Realme out of the said Fund by this Act provided which Su[m]m of Ten Pounds a Piece for such respective Ticketts shall be payable and be paid as soon as the same shall be raised and levied from and by the Funds aforesaid with One Farthing per diem Interest for every such Ten Pounds from the said Foure and twentieth Day of June One thousand six hundred ninety seven till the same be thereby paid off and cleared and every Person who shall be intituled by such Drawing as aforesaid to a fortunate Lott not exceeding Twenty Pounds his her or their Executors or Administrators shall have in like manner (over and above the said Fortunate Lott) Ten Pounds of like Money with such Interest as aforesaid for the said Ten Pounds out of the Fund aforesaid and that the Ticketts as well those that shall be fortunate as those which shall be onely intituled to Ten Pounds and the Interest thereof shall and may be paid to the Bearers thereof.

XXXIV. Proceedings for ascertaining the due Course of Payment.

And for the better ascertaining such due Course of Payment of the said Ticketts as by this Act is intended be it further enacted That upon the First Day appointed for the general Drawing aforesaid (and before that begins) the said Managers & Directors or the major part of them shall cause One hundred and forty Ticketts to be prepared and numbered Arithmetically beginning with the Number One and ending with the Number One hundred and forty which Ticketts shall denote or be the Indices of the said whole Number of One hundred and forty thousand numbred Ticketts so that the First of the said One hundred and forty Ticketts shall signifie the First thousand of the said One hundred and forty thousand Ticketts and the Second of the said One hundred & forty Ticketts shall signifie or relate to the Second thousand of the said One hundred and forty thousand Ticketts and so of the rest and the said One hundred and forty Ticketts shall be rolled sewed upp and putt in a Glasse or Box and be thence drawne one after another by some indifferent Person to determine the Course of Payment of every thousand of the said One hundred and forty thousand Ticketts so that the Tickett of what Number soever of the said One hundred and forty Ticketts that shall be first drawne shall intitle the Thousand Ticketts to which itt has relation as aforesaid to be first paid and the Tickett (of the said One hundred and forty) which shall be next drawne shall intitle the One thousand Ticketts to which it hath relation to be next paid and so onwards for all the rest till thereby the Course of Payment for the said One hundred and forty thousand Ticketts shall be wholly adjusted & settled and the said One hundred and forty Ticketts so drawne shall in the same Order as they came upp be i[m]mediately writt downe & signed by Two or more of the Managers in a Book for that purpose to be transmitted into the Exchequer for the satisfaction of all Persons concerned and that according to such Book the Money coming into the Exchequer in Specie from time to time of or for the said Duties upon Malt hereby granted shall be applied to the Satisfaction of the said Ticketts or Orders so that as soon as there shall be sufficient to pay off the First Thousand Ticketts which shall be entered in the Book for the Course of Payments as aforesaid the same shall be applied thereunto and as soon as there shall be sufficient to pay off the next thousand of Ticketts which shall be entered therein it shall be applied in like manner and so onwards until the whole shall be satisfied.

XXXV. Times of Payment published on the First Monday in every Month.

And that all Persons concerned may know the precise time when they may expect to be paid be it hereby enacted That an Account thereof shall on every First Monday in each Month be printed and published expressing in particular how every One thousand numbred Ticketts stand in course to be paid and what Thousand Ticketts are to be paid that Month and the time that each Adventurer or the Bearer of his Tickett or Order may come for his Money and be paid which Account so to be, printed shall att the Exchequer be always sett upp to be seen.

XXXVI. Interest to cease when Money ready to be paid.

Provided always That from and after such time as the Moneys upon such Ticketts or Orders shall be ready to be paid the Interest of such Money so ready from that time shall cease and the Money shall be kept in Bank to be paid when called for to such Person or Persons as by virtue of this Act shall be intituled thereto as aforesaid.

XXXVII. Managers before acting to take the following Oath.

And be it further enacted That every Person who shall be co[m]missionated by His Majesty as aforesaid to be a Manager and Director for putting of this Act in Execution before his acting in such Co[m]mission shall take the Oath following That is to say,

I. A. B. do sweare That I will faithfully exececute the Trust reposed in me and that I will not use any indirect Art or Means to obtaine a Prize or Fortunate Lott for my selfe or for any other Person whatsoever and that I will doe my utmost endeavor to prevent any sinister or undue Practice to be done by any Persons whatsoever and that I will to the best of my judgement declare to whom any Prize Lott or Tickett of right does belong according to the true intent of this Act.

Which may be administered by Two Managers.

Which Oath shall and may be administred by any Two or more of the other Managers or Directors.

XXXVIII. After the aforesaid Payments, the Residue of the appropriated Fund to be applied in paying the Managers, Clerks, and other Officers.

Provided always and be it likewise enacted by the Authority aforesaid That out of the residue of what is hereby [appropriated (fn. 15) ] to be the Fund for the purpose aforesaid and which shall remaine from time to time after paying or leaving sufficient to pay all the said Fortunate and other Lotts aforesaid it shall and may be lawfull to and for His Majesty His Heires and Successors or the Co[m]missioners of His Majesty's Treasury or the Treasurer and Under Treasurer of the Exchequer for the time being pursuant to the Direction of His Majesty His Heires or Successors to be signified under the Great Seale Privy Seale or Royal Signe Manual to reward the said Managers and [the (fn. 16) ] Clerks and Officers to be imployed by and under them and the Officers and Clerks that shall be appointed in the Exchequer and such other Officers Ministers and Persons as shall be any way imployed in this Affaire for their Labour Pains and Service therein respectively in such Proportions as shall be thought fitt & reasonable in that behalfe.

XXXIX. Receivers to pay Interest to Contributors at the Rate of £14 per Cent. per Ann. from Payment of Contribution; to be allowed the same in his Accounts, and also a Remuneration not exceeding 2d. in the Pound upon Monies paid by him into the Exchequer.

Provided always and be it enacted for the Encouragement of the Adventurers to make speedy Payments to the said Receivers of the said several Su[m]ms of Ten Pounds a piece in Money or Plate as aforesaid att any time before the said Foure and twentieth Day of June One thousand six hundred ninety seven the said Receiver shall i[m]mediately out of the Moneys or the Value of the Plate so by him received pay back to the respective Contributors or Adventurers so much as the Interest of every such Su[m]m of Ten Pounds so contributed and adventured shall amount unto after the Rate of Fourteene Pounds per Centum per Annum to be reckoned from the Day of making such Payment by the Adventurer until the said Foure and twentieth Day of June One thousand six hundred ninety seven And that every such Receiver upon his Account and out of the Moneys so by him received shall be allowed & discharged of so much as hee shall so ( (fn. 17) ) back for Interest and also so much more for his Pains and Service in receiving paying and accounting for the Moneys of his Receipt and for the faithfull Performance of his Office of Receiver as the Co[m]missioners of His Majesties Treasury now being or the Treasurer of the Exchequer or the Co[m]missioners of the Treasury [now (fn. 18) ] being shall think reasonable so as the Allowance last mentioned doe not in any Case exceed Two Pence in the Pound upon the Moneys onely which the said Receivers shall have actually paid into the Exchequer Any thing in this Act contained to the contrary in any wise notwithstanding.

XL. Receipts, &c. done and given without Fee.

And be it further enacted for the better encourageing Persons to advance the said Su[m]m of Fourteen hundred thousand Pounds upon the Terms aforesaid That all Receipts and Issues and all other things directed by this Act shall be done and performed by the Officers without any demanding or receiving directly or indirectly any Fee Gratuity or Reward for the same from the said Contributors or any of them.

XLI. Money contributed Tax free.

And be it further enacted That any Money contributed or lent by or payable to any Person or Persons upon or by virtue of this Act shall not be charged or chargeable with any Rates Duties or Impositions whatsoever.

XLII.

A distinct Office appointed in the Exchequer for Payments under this Act; and Officers appointed by the Treasury; Monies of the Fund appointed by this Act to be paid by the Treasury without further Warrant; Officers to apply the same as herein mentioned, and to be subject to Inspection, &c. as the Treasury shall order.

And whereas by reason of the Multiplicity of Payments which are to be made in pursuance of this Act it will be difficult (if not impossible) that every particular Payment should be directed recorded paid and accounted for by the several Officers of the Receipt of the Exchequer in the ordinary Course of Payment there used Therefore and to the end that the Exchequer may be regularly discharged of all the Moneys of the several Rates and Duties before mentioned which shall be brought into the same for the said Fund be it enacted by the Authority aforesaid That there shall be in the said Receipt of the Exchequer a distinct Office for paying the Benefitts by this Act appointed to be paid and some convenient Room or Rooms in or neare the Receipt of the Exchequer att Westminster shall be prepared assigned and used for that Purpose which Office shall continue untill all the Payments to grow due by this Act be satisfied and an Officer or Officers shall be appointed thereunto from time to time by the Co[m]missioners of His Majesties Treasury now being or by the Treasurer of the Exchequer or Co[m]missioners of the Treasury for the time being who shall also take Security according to the best of their Judgements and Discretion from any or every such Officer or Officers for his or their due paying answering and accounting for all the Moneys which hee or they shall receive and for the due and faithfull Performance of his or their Office and Offices respectively And that the Moneys of the Fund by this Act appointed which shall from time to time come or be brought into the Receipt of the Exchequer as abovesaid shall by the Co[m]missioners of His Majesties Treasury and the Under Treasurer of the Exchequer now being or by the Treasurer and Under Treasurer of the Exchequer or Co[m]missioners of the Treasury for the time being without any further or other Warrant to be sued for had and obtained from His Majesty His Heires and Successors and in such proportions from time to time as shall be necessary and sufficient to answer the Payments which shall grow due and are to be made by the said particular Officer or Officers be issued and paid over from time to time to the Hands of such Officer or Officers by way of Imprest and upon Account to and for the Payment of the said Benefitts by this Act appointed to be paid And that such particular Officer and Officers shall apply the same thereunto in such manner and form as are above mentioned and by this Act directed in that behalfe and shall be subject and liable to such Inspection Examination Comptrol and Auditt and to such Rules in respect of his paying accounting and other Matters relating to the Execution of his Office as the said Co[m]missioners of the Treasury now being or the Treasurer and Under Treasurer of the Exchequer or Co[m]missioners of the Treasury for the time being shall think fitt or find necessary or reasonable to establish or appoint from time to time for the better Execution of the Intent and End of this Act and the Satisfaction of Contributors Adventurers or others concerned or to be concerned therein Any thing in this present Act contained or any Law Custome Usage or Course of the Excheq[uer] to the contrary notwithstanding.

XLIII. Managers, Receivers, and the said Officers in the Exchequer to obey the Orders of the Treasury.

And be it further enacted by the Authority aforesaid That as well the Managers & Directors abovementioned and the said Receivers and the said particular Officer in the Exchequer and all the Clerks Ministers and Servants to be imployed by or under them respectively from time to time shall in and for the better Execution of their several Places and Trusts & for pursuing the Directions Ends or Intents of this Act observe & performe such Rules Methods and Orders as they respectively shall from time to time receive from the said Co[m]missioners of the Treasury now being or from the Treasurer of the Exchequer or Co[m]missioners of the Treasury for the time being so as such Rules Methods and Orders be conduceable to the Ends and Purposes of this Act and not otherwise.

XLIV. Clause of Loan for £200,000 Tax free at Interest of £8 per Cent. per Ann. payable every Three Months

And if the Contributions for the said Tickets before the 24th June 1697 should not be sufficient to repay the said Loan, with Interest, Deficiency made good out of the said Mult Duty, and such Tickets as herein mentioned cancelled, and the Moneys so lent appropriated as herein mentioned.

Provided always and it is hereby enacted That it shall and may be lawfull to and for any Person or Persons Natives or Forreigners Bodies Politick or Corporate to lend to His Majestie att the Receipt of Exchequer any Su[m]m not exceeding Two hundred thousand Pounds att an Interest not exceeding the Rate of Eight Pounds per Cents per Annum which Moneys so to be lent shall not be taxed to any Tax or Assessment and shall be repaid in Course according to the Dates of the Tallies of Loan for the same and the Interest thereof shall be paid every Three Months until Satisfaction of the Principal out of the Moneys to be contributed as aforesaid for the said Ticketts And in case the Contribuc[i]ons for the said Ticketts to be made before the Foure and twentieth Day of June One thousand six hundred ninety seven shall not be sufficient to repay the said Loans with Interest then the Moneys so to be lent which shall remaine unsatisfied and the Interest which shall be due or payable for the same shall be satisfied out of the Moneys which shall arise and be brought into the Exchequer in Specie of or for the said Duties upon Malt which are hereby appropriated thereunto until the said Loans and the Interest thereof shall be satisfied And in that Case so many of the [sd? (fn. 19) ] Ticketts not delivered out as aforesaid as shall be equal to the Principal Money so remaining unsatisfied shall be cancelled and the Remainder of all the said Ticketts to be drawne as aforesaid shall be proportioned accordingly and the Moneys so to be lent to His Majesty shall be deemed part of the Su[m]m hereby appropriated for the Service of His Majesties Household and other his necessary Occasions & shall be wholly applied thereunto Any thing herein contained to the contrary notwithstanding.

XLV. Description of the Winchester Bushel.

And to the End all His Majesties Subjects may know the Content of the Winchester Bushell whereunto this Act referrs and that all Disputes and Differences about Measure may be prevented for the future Itt is hereby declared That every round Bushel with a plain and even Bottom being Eighteen Inches and a Halfe wide throughout & Eight Inches deep shall be esteemed a legal Winchester Bushel according to the Standard in His Majesties Excheq[uer].

XLVI. Proviso respecting £1,400 in hammered Money paid into the Custom House at Exeter by Daniel Ivry and Henry Arthur.

c. 7. ante.

And whereas the Su[m]m of Foureteen hundred Pounds in hammered Money was actually and bona fide paid & deposited in the Custom House of the City of Exon by Daniel Ivry and Henry Arthur of the same City Merchants before the Fourth Day of May last past towards the Discharge of several Bonds and Accounts due to and depending between the King and the said Merchants which said Accounts were not inspected & adjusted time enough for the Customer or Collector of the Customs of the said Port of Exon to returne & pay the said Money to the Receiver General of His Majesties Customes so as to be paid into the Receipt of the Exchequer within the time limitted by the late Act of Parliament in that behalfe by reason whereof the said Su[m]m of Foureteen hundred Pounds hath ever since laine in the said Custome House and is uselesse to His Majesty be it further enacted by the Authority aforesaid That the said Collector shall forthwith receive the said Money by Tale and apply the same to the Accounts of the said Merchants to which it properly belongs & shall pay over the same to the said Receiver General in like manner as if the said Money had been actually received paid and applied within the time or times limitted by the said Act And the said Receiver General of His Majesties Customes is hereby directed to receive the said Su[m]m and to carry the same to the Mint to be coined into milled Money for which the Officers of the Mint and the said Receiver General respectively shall be answerable and accountable in the like manner as is appointed concerning other ha[m]mered Money by an Act of this present Session of Parliament entituled An Act for granting to His Majesty several Duties upon Paper Velum and Parchment to encourage the bringing of Plate and hammered Money into the Mints to be coined.

Footnotes

1 soe O.
2 Houfes, O. & King's Printer's Copy.
3 and O.
4 interlined on the Roll.
5 interlined on the Roll.
6 upon O.
7 O omits.
8 interlined on the Roll.
9 interlined on the Roll.
10 Columnes O.
11 so issued shall, O. and in King's Printer's Copy.
12 off O.
13 whereunto O.
14 and O.
15 appointed O.
16 interlined on the Roll.
17 pay, O. and King's Printer's Copy.
18 for the time, O. and King's Printer's Copy.
19 interlined on the Roll.