to be recover

ed;

perfons, is or are hereby impowered by fuch warrant, together with fuch other perfon or perfons as he or they shall take to his or their affiftance, to enter fuch storehouses, warehouses, grainaries, and other place or places, and break open the doors thereof, in case they be not forthwith opened on demand. IX. And be it further enacted by the authority aforefaid, Penalties how That all penalties and forfeitures by this act imposed, shall be fued for and recovered by action of debt, bill, plaint or information, in any of his Majefty's courts of record at Westminfter; or in the court of exchequer in Scotland; and that the court Court may before whom the fame fhall be recovered, may, and are hereby mitigate the authorized (if they fhall think fit) to mitigate all or any of the fame; pecuniary penalties herein before inflicted, to any fum not lefs than one fourth part of the fum herein respectively mentioned; and that one moiety of all the penalties and forfeitures, when Application recovered, fhall be to the ufe of his Majefty, his heirs and fuc- thereof. ceffors; and the other moiety to him or them who shall fue for the fame, or give information of, or discover the offence.

21

X. Provided always, That all fuits, profecutions or informa- Suits to be tions, for offences committed against this act, fhall be com- commenced menced and made within the space of two calendar months within two after the fact is committed, and not otherways; any thing here- months atter in contained to the contrary notwithstanding.

the offence.

XI. And whereas there have been contracts made by the diftillers Contracts for with feveral perfons for yeft, to be delivered and received at future delivery of times after the twenty ninth day of September one thousand feven hun- yestiuspended. dred and fifty fix; be it therefore further enacted by the authority aforefaid, That all contracts or bargains made by any distiller or diftillers with any perfon or perfons whatsoever, for any yeft to be delivered at any time during the continuance of this act, fhall be, and are hereby declared to be suspended.

XII. And be it further enacted by the authority aforefaid, Limitation of That if any action or fuit fhall be commenced against any per- actions. fon or perfons, for any thing done in pursuance of this act, fuch action or fuit fhall be commenced within the space of four calendar months next after the offence shall be committed, and if such action or fuit thall be commenced or profecuted in that part of Great Britain called England, the defendant or defendants in any such action or suit may plead the general iffue, and give this act General issue. and the (pecial mat er in evidence, at any trial to be had thereupon; and that the fame was done in pursuance and by the authority of this act; and if it fhall appear fo to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff shall be nonfuited, or discontinue his action, after the defendant or defendants fhall have appeared, or if judgment fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall and may recover treble cofts, Trebic costs. and have the like remedy for the fame, as any defendant or defendants hath or have in other cafes by law; and if fuch action or fuit be commenced or profecuted in that part of Great Britain called Scotland, the court before whom fuch action or fuit thall

D 3

29. G. 2. c. 33. 12 G. 1. C. 34. 13 G. 1. c. 23.

fhall be brought, fhall allow the defender to plead this act on his defence; and if the purfuer fhall not infift on his action, or if judgment fhall be given against fuch purfuer, the defender fhall and may recover the full and real expences he may have been put to by any fuch action or fuit.

CAP. XI.

An act for the regulation of his Majefty's marine forces while on fhore.

CAP. XII.

An att to amend an att made in the twenty ninth year of the reign of bis prefent Majefty, intituled, An act to render more effectual an act paffed in the twelfth year of the reign of his late majefty King George, to prevent unlawful combinations of workmen employed in the woollen manufactures, and for better payment of their wages; and alfo an act paffed in the thirteenth year of the reign of his faid late Majefty, for the better regulation of the woollen manufacture; and for preventing difputes among the perfons concerned therein; and for limiting a time for profecuting for the forfeiture appointed by the aforefaid act, in cafe of payment of the workmens wages in any other manner than in money.

W year of the reign of bis prefent Majesty, intituled, An act

HEREAS by an act made and passed in the twenty ninth

to render more effectual an act paffed in the twelfth year of the reign of his late majefty King George, to prevent unlawful combinations of workmen employed in the woollen manufactures, and for better payment of their wages; and alfo an act paffed in the thirteenth year of the reign of his faid late Majefty, for the better regulation of the woollen manufacture, and for preventing difputes among the perfons concerned therein; and for limiting a time for profecuting for the forfeiture appointed by the aforesaid act, in cafe of the payment of the workmens wages in any other manner than in money; it was, amongst other things, enacted, That from and after the twenty fourth day of June, one thousand feven hundred and fifty fix, it should be lawful for the juftices of the peace affembled at any of their general or quarter feffions held next after Michaelmas yearly, to make rates for the payment of wages to weavers, and others employed in the woollen manufactures, according to the number of yards that the chains are laid upon the warping bars, and not otherwife: which rates by the faid aft were to continue for one year from the making thereof: and whereas, from the great variety of the faid manufacture of broad cloth, as well in refpect to breadth and colour, as to the quantity and quality of the material of which the fame is compofed, it is found impracticable to form any general rate of wages that would be juft, adequate, and Suitable to the feveral branches and circumstances of the faid manufacture: and whereas great mischiefs and inconveniencies have arifen,

and

and may arife, from the exercife of the aforefaid power and authority given by the above recited at to the juftices of the peace, to make rates for the payment of wages, as therein mentioned: for remedy whereof, may it please your Majefty, that it may be enacted; and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the authority of the fame, That fo much of the faid recited act as Claufe in the enacts, That it shall and may be lawful for the justices of the recited act peace affembled at any of their general or quarter feffions held repealed. next after Michaelmas yearly, to make rates for the payment of wages to weavers, and others employed in the woollen manufactures, according to the number of yards that the chains are laid upon the warping bars, and not otherwife, fhall be, and the fame is hereby repealed.

entered into between clo

II. And be it further enacted by the authority aforesaid, Agreements That all or any contracts or agreements made, or hereafter to be made and entered into, between any clothier or maker of thier and mixed, medley or white broad cloth, and the weaver or weavers weaver, to be employed by fuch maker, in refpect to any wages to be paid to binding; fuch weaver or weavers, thall, from and immediately after the first day of May one thousand seven hundred and fifty feven, be, and are hereby declared to be good, valid and effectual, to all intents and purposes; any rate made or to be made in pursuance of any law, ftatute or ufage, to the contrary thereof in any wife notwithstanding.

III. And be it further enacted by the authority aforesaid, but to extend That the aforesaid contracts or agreements fhall extend only to only to the the actual prices or rates of workmanship or wages to be paid, wages, which and not to the payment thereof in any other manner than in are to be paid money, contrary to the intent and meaning of the faid recited in money. act of the twenty ninth year of his present Majesty's reign.

work,

IV. And be it further enacted by the authority aforefaid, Clothier not That if any clothier or maker of any mixed, medley or white paying the broad cloth, fhall refufe or neglect to pay to the weaver or fame within 2 weavers employed by him or them his or their wages or price days after deagreed on in money, within two days next after the work fhall livery of the be performed and delivered to fuch employer, or fome perfon on his behalf (the fame being demanded of fuch employer or perfon employed on his behalf); then and in every fuch cafe, every fuch clothier or perfon fo offending, fhall for every fuch offence forfeit and pay the fun of forty fhillings; to be reco- to forfeit 40 s. vered in fuch manner and form, and by fuch ways and means, and to be paid, applied, and difpofed of, as the feveral penalties and forfeitures incurred and made payable by the faid recited act made in the twenty ninth year of his present Majesty's reign, are thereby directed and appointed to be recovered and applied.

Cap. 8.

CAP. XIII.

An act to rectify a mistake in an act passed this feffion of partament, intituled, An act for the speedy and effectual recruiting of his Majefty's land forces and marines.

WH HEREAS by an act made this prefent feffion of parliament, intituled, An act for the speedy and effectual recruiting his Majefty's land forces and marines; it is enacted, That for the encouragement of fit and able perfons voluntarily to enter into his Majefty's fervice, every person who should voluntarily enter himself into bis Majefty's fervice, in the manner therein mentioned, should receive the fum of three pounds out of the money of the land tax arifen, or to arife, in the years one thousand feven hundred and fifty fix, and one thousand feven hundred and fifty feven: and whereas in the provifion made by the faid act for the repayment of part of the fums: fo to be fupplied out of fuch land taxes, for fuch encouragement as aforefaid, the word Pound is by mistake inferted, instead of the words three pounds; be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affemForty fhillings bled, and by the authority of the fame, That it fhall be lawof every three ful for the lord high treasurer, or commiffioners of the treasury pounds paid for the time being, to caufe forty fhillings of every three pounds out of the land which fhall be fo fupplied out of the faid land tax money for paid into the payment of the encouragements aforefaid, to be repaid into exchequer by his Majefty's exchequer by the refpective paymasters of his the paymatters Majefty's forces, out of fuch money as they fhall receive for the of the forces. faid forces, to make good the refpective credits on the faid

tax, to be re

Cap. 7.

land taxes, and to be applied to the fatisfaction of fuch principal and intereft (if any) as fhall be remaining thereupon; any thing in the faid act contained to the contrary notwithftanding.

CAP. XIV.

An act for continuing an act of this prefent feffion of parliament, intituled, An act to difcontinue, for a limited time, the duties upon corn and flour imported; and alfo upon fuch corn, grain, meal, bread, bifcuit and flour, as have been, or fhall be taken from the enemy, and brought into this kingdom.

HEREAS an act made in this prefent feffion of parliament,

Wintituled, An act to difcontinue, for a limited time, the

duties upon corn and flour imported; and alfo upon fuch corn, grain, meal, bread, biscuit and flour, as have been, or shall be taken from the enemy, and brought into this kingdom, which will expire upon the twenty fourth day of August one thousand feven hundred and fifty feven, hath been found useful and beneficial: and whereas it is found neteffary that the faid act should be continued for a longer time; be it therefore enacted by the King's most excellent majefty, by

and

and with the advice and confent of the lords fpiritual and temporal and commons in this present parliament affembled, and by

the authority of the fame, That the faid act fhall be, and the Recited act fame is hereby further continued from the expiration thereof, continued to 15 November until the fifteenth day of November next. next.

CAP. XV.

An act for continuing an act of this prefent feffion of parliament, intituled, An act to prohibit, for a limited time, the making of low wines and spirits from wheat, barley, malt, or any other fort of grain; or from any meal or flour.

WHEREAS an act made in this prefent feffion of parliament, Cap. 10.

intituled, An act to prohibit, for a limited time, the making of low wines and spirits from wheat, barley, malt, or any other fort of grain; or from any meal or flour; which will expire upon the eleventh day of May, one thousand feven hundred and fifty feven, hath been found ufeful and beneficial: and whereas it is found neceflary that the faid act should be continued for a longer time; be it therefore enacted by the King's moft excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That the faid act fhall be, and the fame The recited act continued is hereby continued from the expiration thereof, until the eleto 11 December next. yenth day of December next.

II. Provided always, and be it enacted by the authority afore- His Majefty faid, That in case his Majefty, at any time or times after the impowered by eleventh day of May one thoufand feven hundred and fifty feven, proclamation and before the eleventh day of December one thousand seven or order of hundred and fifty feven, shall, in his royal difcretion, judge it council, to fu fpend the act to be most for the benefit and advantage of this kingdom, to and permit dipermit the making of low wines and fpirits from wheat, bar- ftillation from ley, malt or any other fort of grain, or from any meal or flour, wheat, &c. that then it fhall and may be lawful to and for his Majesty, by his royal proclamation or proclamations to be iffued, by and with the advice of his privy council, or by his Majefty's order in council, to be published in the London Gazette, from time to time, to permit and fuffer all and every perfon and perfons, natives and foreigners (but not any particular perfon or perfons) at any time or times after the faid eleventh day of May one thoufand feven hundred and fifty feven, and before the faid eleventh duy of December, one thoufand feven hundred and fifty seven, to make low wines and fpirits from wheat, barley, malt, or any other fort of grain, or from any meal or flour; any thing herein contained to the contrary notwithstanding,