Page:Ruffhead - The Statutes at Large - vol 8.djvu/134

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lOO C. 26. Anno tricefimo Georgii II. A. D. 1757. Ci^^f^iOinA£t ^ XVII. And vvhercas b^ an Ail of Parliament made and pafled in the twenty-ninth Year of his Ma- "' ^^ l°^' jeibs Reign* intituled, y/« JSi for enabling his Majejiy to raife one million pr the Purpofc therein mentioJteH; c- -9' 5- • and for further (ipprotyriating the Supplies granted in this SeJJion of Parliament, The Teverijl Supplies which had been granted to his Majefty, as is therein mentioned, were appropriated to the feveral Ufes and Pur- poies therein exprelled; amongfl; which any Sum or Sums of Money not exceeding thirty-eight thou- i'and Pounds, was appropriated to be paid to the reduced Officers of his Majefty's Land Forces and Ma-^ fines; fubjedl neverthelefs to fuch Rules to be oblerved in the Application of the faid Half-pay, as In Application of and by the aforefaid Act were prelcribed in that Behalf: Now it is hereby provided, enacted and declared" thi2 Savings o'jr j^y ^-j^g Authority aforefaid, Th?t fo much of the faid Sum of thirty-eight thoufand Pounds, as is or fhall' j8 ooci "Eranted ^" morc than fufficient to fatisfy the faid reduced Officers, according to the Rules prefcribed by the faid th-'!aft SefTioti Act, to be obfcrved in the Application thereof, or any Part of fuch Overplus, fhall and may be difpofed towards Half- of to fuch Officers v/ho are maimed or loft their Limbs in the late Wars, or fuch others as by reafon of ?-'• thiir loi^ Service .or otherwife, his Pvlajefty fliall judge to be proper Obje61:s of Charity, or to the Wi- dows or Children of iuch Officers, accordmg to fuch Warrant or Warrants under his Majefty's Royal Sign Manual, as fliall be figned in that Behalf j any Thing in this Acl, or the faid former Act to the contrary nctwithftanding. ' ' XVIII. And whereas Claud Johnfon of London, Merchant, did on or about the twenty-eighth Day of ' September one thoufand (cvew hundred and fifty-one, at the fpecial Inftance and Requeft of George Bu- ' chanan, and IFiliiam Hamilton, become bound for them in a Bond, conditioned for the Payment of tive

  • thoufand fix hundred and feven Pounds twelve Shillings and nine Pence Half-penny, or thereabouts,
  • being the Duties of two hundred and fifty thoufand Pounds Wtioht of Tobacco imported by the faid
  • George Buchanan, and JVilliam Hamilton and the faid George Buchanan, and William Hamilton, as an
  • Indemnification to him againit the faid Bond, did on or about the iixth Day of February: out thoufand
  • feven hundred and fifty-two, affign to him two hundred Hogfheads of Tobacco, the Marks and Num-
  • hers of which were fpecified on the Back of fuch Affignment; and the faid two hundred Hogfheads of
  • Tobacco were, foon after the Date of the faid Affignment, conveyed away by the faid George Buchanan
  • and IVilUam Hamilton, and fold and exported by them as their Property; and they did afterwards re-

' place ninety-nine Hogflieads of Tobacco, with difl^erent Marks and Numbers, as Part of the faid two

  • hundred : And whereas the faid George Buchanan, and IVilliatn Hatnilton, did on or about the twenty-'
  • firft Day of Jpril one thoufand feven hundred and fifty-two, affign forty-two Hogflieads of Tobacco'
  • to the faid Claud Johnfon, as a further Indemnification to him againft the faid Bond, the Marks and'
  • Numbers of which Hogfheads were alfo fpecified upon the Back of fuch laft Affignment: And whereas'

' on or about the twenty- feventh Day of April one thoufand feven hundred and fifty-two,- an Extent'

  • was iflued at the Suit of the Crown againit the Efl-edls of the faid George Buqhanan, and 'William Ha-

' milton, for Duties on Tobacco imported by them; and an Inquifitic^ being taken on or about the thir-

  • tieth Day of April one thoufand iavta hundred and and fifty-two, one hundred and thirty-five Hogf-'
  • heads of'Tobacco were feized as the Property of the faid George 'Buchanan and William Hamilton; forty-'
  • two Hogfheads of which were the Tobacco laft affigned to xht (didi Claud JSnfoh^-^x' iQ remaining:^'
  • ninety-three were Part of the faid ninety-nine Hogflieads replaced as aforefaid, the other fix HogrneadS'

' being feized by the Warehoufe- keeper for Rent; and the (fild George Buchanan znA William H^^milton'

  • foon after becoming Bankrupts, the faid Claud fohnfoji entered his Claim to the faid one iiy^nd fed and^
  • thirty-five Hogflieads in the Court of Exchequer; and, upon a Trial in the Year oiie thoiifand fevert
  • hundred and fifty-two, a Verdidt was found for his Majefty, as to the faid nifiety-three Hogfheads, be-'

' caufc the Marks and Numbers thereof did not correfpond with the Marks and Numbers indorfed on the" ' faid firft Affignment, and or the Claimant, as to the faid forty-two Hogflieads : And whereas the Commif- ' fioners of the Cuftoms, in Confideration of the Payment of a certain Sum by the Affignees of the faid

  • Bankruptcy, as a Satisfaction for the A'lonies due from the faid Bankrupts to the Crown, allowed the

' faid Affignees ail the Effedts feized upon the faid Inquifition; but the faid Bond was not included iA'

  • fuch Agreement, the fame not being then due : And whereas the faid Claud Johnfon has paid three thou-

' fand one hundred feventy-three Pounds and (even Pence, or thereabouts, in Part of the faid five thou-

  • fand fix hundred {ten Pounds twelve Shillings and nine Pence Half-penny, and the faid ninety-three
  • Hogflieads of Tobacco were fold for the Sum of two thoufand fix hundred fifty-five Pounds eight Shil-
  • lings and eight Pence : And whereas there is great Reafon to believe that if the faid George Buchanan
  • and JVilliam Hamilton had continued in Credit, no Part of the faid Bond would have been paid in Mor.

' ney, but have been difcharged by Debentures taken out upon the Exportation of Tobacco; and as th?

  • faid ninety-three Hogflie'ads were Part of the Efiedts which were allowed by the Commiffioners of his
  • Majcfty's Cuftoms to the faid Affignees, in Confideration of a certain Sum to be paid by them, Whcre^jf
  • the Revenue received an Advantage, and the faiti Claud fohnfon fuliaincd a Lofs morc than adequate to

Treafur)- to dif- ' the principal iVloney now due upon the faid Bond;' Be it therefore enaded by the Authority aforefaid, chirft c.iud 'J'hat it (hall be lawful for the Higli Treafurer, or any three or more of the Commiffioners of his Majcfty's Johnfon trom 'f reafu y for the Timr; being, and he or they is and are hereby authorifed and imi^owered to exonerate. Penalty* and Mo- ^^1"',^ ""^ difcharge the faid Clfiud Johnfon of and from the Penalty mentioned in, and the Payment of fiey conditioned any Sum or Sums of Money conditioned to be paid by the faid Bond, dated on or about the faid twenty- to be paid by his eighth Day of September one thoufand ie'ci hundred and fifty-one, and all Intercft due thereupon; and BonrionSSept. to difchargc and vacate the faid Botul, in fuch Manner as to him or them Ihall fccm expedient j any Adt oa ToUcc?."""' " ^^"^^ ^^ Parliament to li)C contrary notwithftanding. CAP.