Commissioners in Scotland, &c. to transmit Copies of Cer tificates to Commissioners in England. Governors of and transmit to Secretary of State authenticated Copy of Proceedings. Making false Falsifying Penalty 5001. How Penalties recovered, and Officers Shares of Seizures, &c. other Assignment shall take place of and be preferred to any Right, Claim or Interest, which may belong to the Assignee or Assignees of such Bankrupt or Bankrupts in such Ship or Vessel, Share or Shares thereof, any Law or Statute to the contrary thereof notwithstanding. XLV. And be it also further enacted, That the Commissioners of His Majesty's Customs in Scotland and Ireland respectively shall transmit, at the End of every Month in each Year, to the Commissioners of His Majesty's Customs in England, true and exact Copies of all such Certificates as shall be granted by them, or by any Officer or Officers within the Limits of their Commission, in pursuance of this Act. XLVI. And be it further enacted, That it shall and may be lawful for any Governor, Lieutenant Governor, or Commander in Chief of any of His Majesty's Colonies, Plantations, Islands or Territories, and they are hereby respectively authorized and required, if any Suit, Information, Libel or other Prosecution or Proceeding of any Nature or Kind whatever, shall have been commenced, or shall hereafter be commenced, in any Court whatever in any of the said Colonies, Plantations, Islands or Territories respectively, touching the Force and Effect of any Register granted to any Ship or Vessel upon a Representation made to any such Governor, Lieutenant Governor, or Commander in Chief, to cause all Proceedings thereon to be stayed if he shall see just Cause so to do, until His Majesty's Pleasure shall be known and certified to him by His Majesty, by and with the Advice of His Majesty's Privy Council; and such Governor, Lieutenant Governor or Commander in Chief, is hereby required to transmit to One of His Majesty's Principal Secretaries of State, to be laid before His Majesty in Council, an authenticated Copy of the Proceedings in every such Case, together with his Reasons for causing the same to be stayed, and such Documents (properly verified) as he may judge necessary for the Information of His Majesty. XLVII. And be it further enacted, That if any Person or Persons shall falsely make Oath to any of the Matters hereinbefore required to be so verified, such Person or Persons shall suffer the like Pains and Penalties as are incurred by Persons committing wilful and corrupt Perjury; and that if any Person or Persons shall counterfeit, erase, alter or falsify any Certificate or other Instrument in Writing, required or directed to be obtained, granted or produced by this Act, or shall knowingly or wilfully make use of any Certificate or other Instrument so counterfeited, erased, altered or falsified, or shall wilfully grant such Certificate or other Instrument in Writing, knowing it to be false, such Person or Persons shall, for every such Offence, forfeit the Sum of Five hundred Pounds. XLVIII. And be it further enacted, That all the Penalties and Forfeitures inflicted and incurred by this Act shall and may be sued for, prosecuted and recovered in such Courts, and be disposed of in such Manner, and by such Ways, Means and Methods, Penalties or Forfeitures inflicted, or which may be incurred for any Offence committed against the Laws of Customs, may now legally be sued for, prosecuted, recovered and disposed of; and that the Officer or Officers concerned in Seizures or Prosecutions as any under this Act shall be entitled to and receive the same Share of the Produce arising from such Seizures, as in the Case of Seizures for unlawful Importation, and to such Share of the Produce arising from any pecuniary Fine or Penalty for any Offence against this Act, as any Officer or Officers is or are now by any Law or Regulation entitled to upon Prosecutions for pecuniary Penalties. XLIX. And be it further enacted, That this Act may be altered, varied or repealed by any Act or Acts to be passed in this Session of Parliament. [Ships registered in India pursuant to this Act to have Privileges to which other Vessels are entitled. See Cap.80. ante, § 19.] CA P. XLII. An Act to amend the several Acts for the Assistance of Trade WH Act may be altered, &c. this Session. WHEREAS by an Act made in the last Session of Parlia- 3G.4. c.118. ment, intituled An Act to amend an Act made in this present Session of Parliament, for amending an Act made in the First Year of His present Majesty's Reign, for the Assistance of Trade and Manufactures in Ireland, by authorizing the Advance of certain Sums for the Support of Commercial Credit there; it is, § 6. amongst other Things, enacted, that it should be lawful for the 'Commissioners for the Execution of the said Acts to require and 'take Security for the Repayment of any Loan granted under the 'said Acts, by Mortgages or Assignments of, or other competent 'Assurances upon the Freehold or Leasehold Estate or Estates of 'any Principal or Surety; and that all such Mortgages, Assignments, or other Real Securities, should be respectively granted ' and made to and vested in such Commissioners for the Time 'being: And Whereas it is expedient to make further Provision 'with respect to such Mortgages and Securities, in manner here'inafter mentioned;' Be it therefore enacted, by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Mortgagors of in all Cases in which any Mortgage or Assignment of, or any Assurance upon any Freehold or Leasehold Estate has been or shall be made to or vested in the Commissioners for the Execution of the said Acts for the Time being, under or by virtue of the continue liable said recited Act of the last Session of Parliament, the Mortgagor to Rents and or Mortgagors, or other Person or Persons making such Mortgage, Charges thereAssignment or Assurance, shall continue liable to the Payment of on, so long as all Rents and other Charges issuing or payable, or charged or lowed to hold. they are alchargeable out of or upon the Estate or Estates so mortgaged, Possession. assigned or assured, so long as such Mortgagor or Mortgagors, or other Person or Persons, shall be allowed to remain in Possession of such Estate or Estates, and the Receipt of the Rents and Profits thereof, and until such Estate or Estates shall be taken Possession of, and the Rents and Profits thereof shall be actually received by or for the Use of the said Commissioners; N 4 and Estates vested in Commissioners under recited Act to Commissioners not to be personally liable. 1 G.4. c.39. of Arrears of Interest at 61. per Cent. under recited Act, and Certificate by the Com and that until Possession of such Estate or Estates, and of the Rents and Profits thereof, shall be actually taken and had by or on Behalf of the said Commissioners for the Time being, such Commissioners shall not be subject or liable to the Payment of any Rents or other Charges whatsoever, issuing or payable, or charged or chargeable out of or upon any such Estate or Estates; and that such Commissioners now or for the Time being, nor any of them, shall not in any Case be or become personally or individually responsible for or liable to the Payment of any Rents or other Charges whatsoever issuing or payable as aforesaid, by reason of their acting as such Commissioners only, and not having any personal or private Interest in any such Estate or Estates; any thing in the said recited Acts, or any of them, or any Act, Law, Usage or Custom to the contrary in any wise notwithstanding. 6 II. And Whereas in Cases in which Loans have been advanced by the said Commissioners under the said recited Act of the First Year of His present Majesty's Reign, or of some Act for amending the same, the Repayment thereof has been stipulated for, 'with Interest at the Rate of Six Pounds per Centum per Аппит: 'And Whereas it may be expedient to reduce the Rate of Interest to the Rate of Five Pounds per Centum per Annum, (being the Rate directed to be taken on all Loans advanced from and after the passing and under the Authority of the said hereinbefore recited Act of the last Session of Parliament,) upon the Terms and subject to the Conditions hereafter mentioned;' Be it thereAfter Payment fore further enacted, That any Parties or Persons to whom any Loan or Loans have been advanced under the Provisions of the said recited Act of the First Year of His present Majesty's Reign, or of any Act for amending the same, repayable with Interest at the Rate of Six Pounds per Centum per Annum, and who shall thereof granted pay, or cause to be paid, all Arrears of Principal and Interest which may have accrued due on the Loan or Loans advanced to them respectively, (according to the Provisions of the several Securities, or according to any Conditions of Extension entered into by them respectively,) on the Day of Payment named in their respective Securities or Conditions of Extension, and which may follow next after the passing of this Act, or on any subsequent Day of Payment named in such Securities or Conditions of Extension respectively, shall, from and after the Payment of such Arrears of Principal and Interest, be entitled to receive a Certificate under the Hands of any Three or more of the said Commissioners for the Execution of the said recited Acts, and which Certificate the said Commissioners are hereby authorized and empowered to grant, certifying such Payment, and which Certificate shall bear Date on the Day of such Payment, and shall be in such Form as the said Commissioners may direct; and from and after the Date of such Certificate, and by virtue thereof, the Parties or Persons receiving the same shall be chargeable only, except as hereinafter mentioned, with Interest at the Rate of Five Pounds per Centum per Annum on the Loan or Loans advanced to them respectively, or such Part thereof as may remain unpaid, and shall, on the future Payment of Interest at the Rate of Five Pounds per Centum per Annum, except as aforesaid, on such Loan missioners, the Loans shall bear only 51. per Cent. in future. or 3 or Loans, or the Part thereof remaining unpaid as aforesaid, be entitled to receive such and the like Acquittances and Discharges in all respects as if such Parties or Persons respectively had continued to pay Interest at the Rate of Six Pounds per Centum per Annum, according to the Provisions of their several Securities and the said several Acts; any thing contained in the Securities given by the said Parties or Persons respectively to the said Commissioners under the said several Acts or any of them, or any thing in the said several Acts or any of them contained, except as aforesaid, to the contrary in anywise notwithstanding. Commissioners against Defaulters, and recover 61. per Cent. may proceed III. Provided nevertheless, and be it further enacted, That in In case of Decase it shall happen that any Parties or Persons, who may obtain fault in future a Reduction of the Rate of Interest so payable by them respect- Payments, ively in manner aforesaid, shall, after such Reduction made, and such Certificate granted as last aforesaid, make Default in all or any of the Instalments which may thenceforth become due on their respective Loans, so as to render it necessary for the Commissioners for the Execution of the said several Acts to put in force any of the Provisions made by the said several Acts, or any of them, for the Recovery and Receipt of any Loans or Advances made in pursuance thereof; then and in every such Case it shall be lawful for such Commissioners, and they are hereby required to proceed against the Parties or Persons respectively so making such Default in manner provided by the said several Acts, for the whole or any Part of the Loan due from them respectively, together with Interest at the Rate of Six Pounds per Centum per Annum from the happening of such Default, and in such and the like manner in all respects as if no such Certificate had been granted as last aforesaid, and as if this Act had not been made; any thing herein contained to the contrary thereof in anywise notwithstanding. After One Month after the passing of this Loan shall be advanced for Act, no further land. Balance of Grant how to be applied. IV. And be it further enacted, That from and after the Expiration of One Calendar Month next after the passing of this Act, no further Loan or Loans, or Sum or Sums of Money, shall be advanced for the Support of Commercial Credit in Ireland, under the said recited Acts, or any of them, any thing in the said recited Acts, or any of them, or in this Act, to the contrary Support of in anywise notwithstanding; and that from and after the Expir- Commercial ation of the said Calendar Month next after the passing of this Credit in IreAct, so much and such Part of the Sum of Five hundred thousand Pounds, authorized to be advanced under the said recited Acts, or any of them, as shall not have been advanced for the Purposes of the said recited Act, (but not exceeding the Sum of One hundred thousand Pounds in the Whole,) shall and may be advanced under the Direction of the Lord Lieutenant or other Chicf Governor or Governors of Ireland for furthering the Purposes of an Act made in the Fifty seventh Year of the Reign of His 57 G.3. cc.34. late Majesty King George the Third, for authorizing the Issue 124. of Exchequer Bills, and the Advance of Money out of the Consolidated Fund, for the carrying on of Public Works and Fisheries in the United Kingdom, or of any Act or Acts for amending the same, either upon Loans or in Aid of any Presentment made by any Grand Jury in Ireland, for any new Line of Road, or for altering the Line or any Part of the Line of any Turnpike Road, or 1 G.4. c.81. Presentments may be levied by Instalments. 1G.4. c.39. When Esti Works are ap Lieutenant may direct a Pro portion of such Estimate to be paid in Aid thereof. or towards the Erection, or in Completion of any Harbour, Canal, Railway or any other Public Work under the Provisions of an Act made in the First Year of His present Majesty's Reign, for amending the said Act of the Fifty seventh Year of His late Majesty's Reign, and under any other Acts for the Advance of Money for carrying on Public Works, and for other Purposes, so far as the said Acts relate to Ireland. V. Provided always, and be it enacted, That whenever any Presentment shall be made by any Grand Jury for any Road or other Public Work under the said recited Act of the First Year of His present Majesty's Reign, it shall and may be lawful for such Grand Jury to direct that the Amount of such Presentment shall be levied by such and so many Instalments as to such Grand Jury shall seem fit and proper; and in such Case it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, to direct by his or their Warrant, if he or they shall so think fit, that a Sum equal to every such Instalment respectively shall be paid in Aid of any such Road, or other Public Work, as soon as it shall be ascertained and certified (in manner directed by the said recited Act) that the Amount of each Instalment hath been well and boná fide expended on and upon and towards the Execution or Completion of the Road or Work mentioned in such Presentment, or any Part or Parts thereof, in like manner and under such Rules and Regulations as are contained in the said recited Act with respect to any Sums, or any Part of any Sums, by the said Act authorized to be advanced or paid under the Orders and Directions of the Lord Lieutenant, or other Chief Governor or Governors of Ireland. VI. And be it further enacted, That whenever the Plan and Estimate of any Harbour, Canal, Railway or other Public Work mates of Public shall have been approved of and laid before the Commissioners proved of, Lord for the Execution of the said Act of the First Year of His present Majesty's Reign, and certified by the said Commissioners to the Lord Lieutenant, in manner required by the said recited Act, it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the Time being, to direct by his or their Warrant, if he or they shall think fit, that a Sum equal to One Eighth Part of the Amount of such Estimate shall be paid in Aid of such Harbour, Canal, Railway or Public Work, as soon as it shall be ascertained in manner required by the said Act, that One Fourth Part of the Amount of such Estimate hath been well and bona fide expended in, upon and towards the Execution and Completion of the Work mentioned in such Estimate, in like manner and under all such Rules and Regulations as are mentioned in the said recited Act with respect to the Advancement of a Sum equal to the Moiety of such Estimate, or any Part of such Moiety. CAP. |