Edinburgh Beer Duties Act 1722
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CAP. XIV.
An act for enlarging the term granted by an act made in the third year of his Majesty's reign, (for continuing the duty of toe pennies Scots upon every pint of ale and beer sold in the city of Edinburgh, for the purposes therein mentioned; and for discontinuing payment of the petty-port customs there) and for making the said act more effectual.[1][2]
WHEREAS the city of Edinburgh, being the metropolis and seat of government of Scotland, was thereby subject to all the alterations and changes of the state; and whereas the said city (unto). ever since the reformation, been remarkably zealous in supporting and defending the protestant interest, and thereby, and by other inconsiderable occasions, was involved in very considerable debts, far exceeding what the common revenue of the said town could discharge; therefore to enable them to pay off these debts ,and for other purposes, an act was past in the parliament of Scotland of the thirteenth of June one thousand six hundred and nintey three, giving to the said town of Edinburgh, and community thereof, and to the magistrates and town council of the same, and thier successors in office,for thier use and behalf, an imposition of two pennies Scots (ever and above the King's annexed excise, and additional excise imposed in that session of parliament) upon the pint of all ale and beer, either brewed, brought in, or vdended, tapped, and sold within the said town and suburbs and liberties thereof, viz. Cannon-Gate, South and North Leith, Westport,Potterow and Pleasents, and the other pertinents to be paid to the said town, magistrates and council thereof, by the brewers, venders, sellers, and tapsters of the said ale or beer, during the space of fifteen years and further, not exceeding the space of thirty years, commencing from the first of July onr thousand six hundred and ninty three, to be paid, uplifted, and collected, weekly, monthly and quarterly, or otherwise, as the magistrates and town council should think fit to prescribe and order; excepting only from the said act all such ale and beer, as should be brewed in the county without the liberties of the said city, by boritors or proprietors on thier own lands, and brought in by them (during the time they actually inhabited in the said town) to be consume and made use of for thier own use, and the use of thier families only; and also excepting all ale and beer vended within the precints of Holyrood House and castle of Edinburgh from the said impositions: and whereas since the union there hath been a gradual, but very sensible decrease and decay of the revenues of the said city, and that several of their publick works, which were highly necessary to be carried on and finished for the service of the said city, had been much neglected, and could not be carried on without a considerable sum of money; and whereas the said city was so far from being able, at thier own expense and out of their proper revenues, to carry on and finish the same, tha thes dets owing by them were considerably increased; partly occasioned by the late unnatural rebillion; therefore by an act (3 Geo I C.5) in the third year of his present Majesty's reign, intituled, An Act for continuing the duty of two pennies Scots, or one sixth part of a penny sterling on every pint of ale beer that shall be vended or sold within the city of Edinburgh, and prviliged thereof, for the benefit of the said city, and for discontinuing the payment of the dues commonly called the petty-port customs at Edinburgh, during the continuance of this act, the said duty and duties so imposed by the before recited act of the parliament of Scotland are further continued and made payable to the provost,magistrtaes and council of the said city of Edinburgh, for the time being, and their successor, for the use and behalf of the the said town, for and during the full term of ninteen years to be collected and levied in the same manner, as the same was by the said act of parliament in Scotland, limited and appointed, and the money arising therby as directed to be applied and disposed of to the uses following, viz. for renewing the water-pipes, and helping the conduits, which carry water to the town, for enlarging the harbour and deepning the channel of Leith, for building a new key at Leith, for setlling an annual fund of three hundred pounds towards emplying and maintaining the poor of Edingburgh and adjacent counties from and after the first of July one thousand seven hundred and eighteen, for settling a sallary on the proffessor of law in the university of Edinburgh, and his successors in office, not exceeding one hundred pounds per annum, commencing from the eleventh of November one thousand seven hundred and seventeen, for rebuilding the city walls, and causeying the highways leading to the said city, and settling stipends for the ministers thereof, and for two french ministers, for paying and applying four hundred and fifty two pound annually, in aid of the deficency of the present odinary revenue of the town, and for payment of the whole debts of the said city, that should be due and owing on the first of July one thousand seven hundred and eighteen, other than the debts provided for and to be discharged by the duty arising by the act of parliment of Scotland, with a power to the said magistrates and council of the said city, to borrow money for the better enabling them to carry on the several purposes in the said act mentioned, and for securing the repayment thereof, to assign over the said duty or any part thereof, for the whole or part of the term of the said act mentioned; and whereas the magistrates and council of the said city, acceptable to the said last recited act of parliament, have at very great (?) collected the springs, renewed the pipe which convey water to the town, rebuilt the fountains in the high street, in the most appoved and advantageous manner, have begun to enalarge the harbour of Leith and deepen it's channel, have built six hundred foot of a keyside, of very suffcient workmanship, have built one of the two new churches, have made a large provison of causey-stones, and other matels for paving thier whol high streets and ways leading to thier city, have made a good highway from thier city to their port of Leith, have built and repaired a large house , for accommodating the poor to be employed in manufacture; for performing whereof, and for payment of the interest of thier capital debts due on the said firs of July one thousand seven hundred and eighteen, and for satisfying the other annual payments directed by the said last recited act of parliament as aceepted, they have borrowed money; and whereas though all the money borrowed upon the security of the said grant, has been duly and regularly applied to the several uses, intents and purposes in the said last recited act (3 Geo I. C 5?) mentioned and directed, yet the same with what further said grant for the term aforesaid may produce will not be suffcient to answer for the said purposes, and enable the magistrates and council to carry on and finish to the said designs to perfection; so that unless the said duty is further continued in order to raise more money, best part of what has already been laid out will be entirely lost, and the intention of the said last recited act in a great measure frutstarte, which would be a very great prejudice to the whole united kingdom: and whereas it will be greatly for the interest of the said city and adjacient county, that not only the several designs already begnu, be carried on and finished, which would not only be of great service for beuatyfying and for the ornamnet of the said city, but will contribute much to the preservation of the health of the inhabitants, and otherways be of great advantage : and whereras it is impractiable either to finish what is already begun, or carry on these other advantegous views and purposes now intend, but by continuing the payment of the said duty for a longer term : and whereas a great many brewries in the confines therefoer, in order to elude the payment of this duty, (?) to the great prejudice of the city otherways: and whereas for the encouragment of brewries within the said city of Edinburgh, and preseving an equality of trade betwit the brewers in the said city and the brweres in some of the adjecent parishes, and to prevent fraud by importing ale brewed in the said ajacent parishes without paying the said duty, it will be neccessary to extend teh said duties, and subject several brewers within the parishes of Saint Cuthberts, of Cannon-Gate, and South and North Leith, to the payment of like duties, ad the brewers within the said city and suburbs thereof wherefore your Majesty's most dutiful and loyal subjects, the provost, magistrates, and council of the said city of Edinburgh, in behalf of themselves and the community of the said city, ane the heritors and freeholders of the shire of Edinbrugh, do most humbly beesech your Majesty, that it may be enacted, and be it enacted by the King's most excellent majesty, by and with the advice of the lords spirtiual and temporal and commons, in this present parliament assembled, and by the authority of the same, That shuch and the like rates, duties and impositions, as are by the last in part recited act(3 Geo I. C.5) of parliament of the third year of his present Majesty's reing, laid and granted and imposed upon all ale and beer brewed, brought in , vended , tapped or sold, within the said city of Edinburgh, subruabs and liberties thereof, shall from and after the commencment of the said term by the said act granted, be raised, levied and collected, paid and made pauble to the said provost, magistrates, and council of the said city of Edibugh for the time being, and thier successors, for the use and behoof of the said town, (What duties on all and beer in St Cuthberts and Cannon-Gate) upon all ale and beer brewed, brought in for sale, tapped or sold within all or any of the said parishses of Saint Cuthberts ,Cannon Gate South and North Leith, for ad during the space and term of nineteen years by the said last mentioned act granted; and that the same be levied, collected and paid, and by and under such rules and directions, and under like penalties and foreitures, as are prescribed, mentioned and expressed in the said recited acts of parliment, for leveyin raising and paying the same within the said city of Edinburgh and suburbs thereof, in as full and ample manner, as if the said parishes had been by the said act particularly subjected to the payment thereof.
II. (Such duties payable to the provost of Edinburgh &C. for 19 years) [3] And be it further enacted by the authority aforesaid, That such and the like rates, duties and impositions, as are by the said act of the third year of his present Majesty's reign, laid granted and imposed upon all all and beer brewed, brought in for sale, vended, tapped or sold, within the said city of Edinburgh , suburbs and libeties thereof, shall, from and after the expiration of the term by the said act granted, be further continued, raised, levied and collected, and payable to the provost, magistrates and council of the said city of Edinburgh, the suburbs and liberties thereof, and likewise for all ale and beer brewed, brought in, tapped or sold, within all or any of the said parishes of Saint Cuthberts,Cannon gate, South and North Leith, for and during the space and term of nineteen years more; and that the same shall be levied and paid by the same means and methods, and by and under such rules and directions, and under the same penalties and forfeitures and powers, as are prescribed,mentioned and expressed in the acts of paliment aforesaid; and that both the said act made in the parliment of Scotland, and the act(3 Geo I. C.5.) made in the third year of his Majesty's present reign, and every article, rulem clause, matter and thing therein contained,shall be of full force and effect to all intents and purposes as if the same were particularly and at large expressed, repeated and re-enacted in the present body of this present act, for the more effectual levying and rasing payment of the said duty and duties within the said city of Edinburgh and liberties thereof, and within the said parishes of Saint Cuthberts,Canon-Gate, South and North Leith for and during the said new and additional term of nineteen years hereby granted, and to and for the several purposes and intents in the said acts or either of them particularly mention, except in so far as is herby altered and varied.
III. (Money payable by this act, how to be applied,) And be it further enacted by the authority aforesaid, That what money shall be due and payable by virture of this act, and what shall arise by the said duty during both the said terms of thirty eight years granted by the and the said former act, shall be applied, distrubuted, laid out and disposes of, to and for the several uses,intents and purposes, and in such manner as is herin after declared (the reasonable charges expended or to be expended in or about, or by reasons of passing this act of parliament being first deducted) as the same shall be stated and allowed by the overssers after named, or the majority of them present, at one of their general meetings under mentioned: and the said magistrates and council of the said city are hereby impowerd and authorized to apply, lay out and dispose of the same, to and for the intents and purposes herein after mentioned, videlicet, for distributing the water brought or to be brought for the publick use and conveniency of the said city and the inhabitants thereof, for supplying the Cannon-Gate, South and North Leith with water, for finishing and compleating the said habour or pier of Leith, for causeying or laying with free stones (in such places where it be found proper and necessary) the high streets,areas,courts or squares, lanes and by streets that are or shall be within the said city, with the highway and avenues leading to and from the same, for repairing the city walls, for building another of the new churches directed by the former act to be built, for satisyifng the respective annual payments appointed by the said recited act or parliament of the third year of his Majesty's reign, videlicet, for maintaining and employing the poor, for payment of ministers stipends, for payment of the sum granted in aid of the deficeiency of the town's revenue, for payment of the professor of the civil law his salary, and also for and towards payment of a sum not exceeding the sum of five hundred pounds sterling annually and every year to be applied by the magistrates and council of the said city, for and toward the relief of such of the poorer sort of the inhabitants of the said city, as are or ought to be taxed for the maintaining and paying of the gaurd of the said city, at or below the rate of four pounds Scots each in such way and manner, as to the said magistrates and council shall seem most just and equitable; which said sum of five hundred punds is hereby enacted to commence, grow due, and be payable from and after the first day of July one thousand seven hundred ad twenty three and the first half-year's money to be payable from the first day of January thereafter; and likewise that the said duty and money arising thereby shall be applied and laid out, for and towards narrowing the noxious lake on the north side of thic city, commonly called the North Loch into a canal of running water, and making a communication street or way to the fields and grounds belonging to the said city on the north side thereof, and likewise for purchasing such house and grounds, as may be thought proper and nesseceary as aforesaid, for making a convenient area for building the said new church, and for building a proper hall, or other conveniences may be found nessecary for accommodating the other courts of justice, that meet in the said city, and the offices thereunder belonging, a hall or convenient places for keeping the records under the charge of the lord register of Scotland convenient offices for lodging the writs, securities and incruments?, which are under the care of the several clerks of sessions, the clerks of judiciary, and comisisson for valuation of tiend, the clerks of the said city, the sheriff and comissar clerks of Edinburgh, the keepers of the signet, chancery,privy seal, great seal, general register of sasins,, general register of hornings and inhibitions, (The sum of 100 L payable to a professor of civil history, &c.) for payment of a sum not exceeding one hundred pounds yearly, to a professo of universal civil history, Greek and Roman antiquities in the said university, and for payment of a sum not exceeding one hundred pounds yearly, to a professor of Scots law, the magistrates and council of the said city are and shall be authorized and impowerd to instiute and establish, and to nominate the (?) professors, who shall enjoy the said salaries, and be instituted to the whole privliges and immunities, that other professots of the said unversity enjoy and are entitled to.
IV. (Who to supply vacancies in the professions) And to the end that these professors may be in time coming of ways supplied with proper and qualified persons, be it enacted by the authority aforesaid, That when and so often as any vaccancies shall happen in any of the said professions
[edit] Notes
- ↑ Source Text notes: "This Act is explained by Geo 2 ftat 2 C.22."
- ↑ Further continued by 25 Geo 2. C.9
- ↑ Source text notes: "Continued by 25 Geo 2 C 9."
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