Expences of this Act to be first paid. III.- Provided always, That the Produce of the said Tolls and Duties shall, in the first place, be subject and liable to pay and discharge the reasonable Charges and Expences incurred in procuring and passing this present Act of Parliament; any thing in the said former Act to the contrary notwithstanding.
Payments to Parishes of St Cuthbert, &c. continued. IV. And be it further enacted by the Authority aforesaid, That the annual payments which were awarded by the Arbiters by virtue of the said Act of the ninth Year of the late Majesty's Reign, to be paid to the Proprietors of the Parishes of Saint Cuthbert, Canon Gate, South and North Leith shall continue to be paid to the said Proprietors during the Continuance of this present Act, in the same Manner and under the same Regulations, as by the said Axt is directed and prescribed.
The present Capital Debt not to be increased. V. And be it further enacted by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend to impower the Persons appointed to put the said Act of the ninth Year of his late Majesty, or this present Act, in Execution, or any other Person or Persons whatsoever, to bor- row any further Sum, so as to increase the present Capital Debt, upon the Credit of the said Duties by the said former Act and this present Act: made payable.
State of the Accounts to be made up. VI. And be it further enacted by the Authority aforesaid. That the Magistrates and Town Council of the said City for the time being shall, upon the third Tuesday of the Month of July which shall be in the Year of our Lord one thousand sven hundred and ninety-nine, make up a full, complete and present State of all the Money which shall have arisen and been received by and from the said Duties granted by the said former and this present Act, and of all Sums of Money laid out from time to time for the several Purposes in the said former Acts and this present Act mentioned, and of what Debts shall be then owing on account of the said former and this present Act; to the End that it may appear, if any Overplus Money shall remian; and in case any Overplus shall remain, the same shall be laid out and applied, with the Approba- tion of the Overseers for the time being, in such manner as directed by the said Act of the ninth Year of his late Majesty.
VII. And be it further enafted and declared, That the annual Paynients with which the faid Duty jsWhen fhcPaj'. burthened, fhnll continue and endure only till the firll Day o? July which fhiill be in the Year of our Lord chargfd one thoufand feven hundred and ninety-nine, and no lonsrer. on the Duty arc ■' ' *3 to ccafe,
VIII. And be it further enadled by the Authority aforefaid, That this A£l fhail be deemed and taken to Publick Aft. be a publick A£l:, of which Notice (hall by all Courts in this Kingdom be judicially taken, and all Judges, Juftices and other Perfons are hereby required to take Notice of it as fuch. '^
CAP. X.
An Act for the more effeclual fecuring Mines of Black Lead from Theft and Robbery.
"HE R E AS by Experience it hath been found, that Wad or Black Cawke, commonly called Black LiCid, is and hath been neceflary for divers ufeful Purpofes, and m.ore particularly in the calling ' Bombshells, Round- Shot, and Cannon Balls ; and that fuch V/ ad. Black Cawke, or ^/fli/- Zfa^/, hath ' hitherto been difcovered in one Mountain, or Ridge of Hills, only in this Realm; and that great Wafte ' and Deftruclion therein, hath of late ears been made by wicked ai^.d evil-difpofed Perfons, v/bo, by ' reafon of the Situation of the Mine or Mines, Wad-hole or Wad-holes of the laid Wad, Black Cawke ' or Black Lead, and of the great Difficulty to fecurc and preferve the fame from being unlavi'fully broke, ' or by Force entered into ; and alio by reafon of the fmall Punilhment by theLaws now in being, annexed ' to Offences of the like Kind, have been encouraged unlawfully to enter, and by Force to keep Polleffion ' of the fame; and from thence unlawfully to take and carry a<ay great Qj.iantities of the faid Wad, ' BlackCav/ke or Black Lead ; for the more effectual Security of all and every Mine or Mines, Wad-hole ' or Wad-holes of Wad or Black Cawke, co^nmouly c^MtA Black Lead ; and for preventing the unlawful ' breaking and entering into the fame ; or the unlawful taking and carrying away from fuch Mine or ' Mines, Wad-liole or Wad-holes, any Wad, Black Cawke or Black I^ead ; and for punifhing fuch OfFen- ' ders in a more exemplary Manner, than by the Laws in being can now be done :' May it therefore pleafe your moft Excellent Majefly, that it may be enaftcd ; and be it enafted by the King's moft Excellent Ma- jefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament afTembled, and by the Authority of the fame. That all and every Perfon or Perfons that The enferinj fhall, from and after the twenty-fourth Day of June which fliall be in the Year of our Lord one tlio>jfandj|, feven hundred and fifty-two, unlawfully break, or by Force enter into any Mine or Mines, V/ad-hole ori,,,^^,. J }^^^i Wad-holes of Wad or Black Cawke, commonly called Black Lead, or into any Pit, Shaft, Adit or Vein of Wad, Black Cawke or Black Lead, with an Intent to take and carry away from thence any Wad, Black Cawke or Black Lead ; or fhall unlawfully from thence take and carry away any Wad, Black Cawke or Black Lead, although fuch Mine or Mines, Wad-hole or Wad-holes, Pit, Shaft, Adit or Vein, be not aflually broke, or by Force entered into by fuch Offender or Offenders; or fliall aid, abet, affift, hire or '"? command any Perfon or Perfons to commit fuch Offence or Offences as aforefaid ; that then, and in every ° fuch Cafe, all and every fuch Perfon or Perfons fhall be deemed and conftrued to be guilty of Felony; and Felony;' it fhall and may be lavi'ful for the Court, or Judge, before whom any fuch Perfon or Perfons fo offending as aforcfaid, fhall be lav/fully convided, to order fuch Offender or Offenders to be committed to the Prifon orand the Offenders and at fuch Places, and in fuch Manner, as fuch Court oi' Judge fliall think proper ; or it fliall and may be lawful
