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A39465 A continuation of the abridgment of all the statutes of K. William and Q. Mary, and of King William the Third, in force and use begun by J. Washington of the Midd. Temple Esq. ; revised and continued after his death to the end of the session of Parliament, 27 April, 1696 and now further continued, from the beginning of the second session of the Third Parliament, 20 October 1696, to the end of the third and last session of the said Third Parliament, 5 July, 1698 ; with two new tables.; Laws, etc. England and Wales.; Washington, Joseph, d. 1694. 1699 (1699) Wing E901; ESTC R10134 164,075 204

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Dispatch of the Publick Business in the Exchequer and in the Bank of England Oaths 4. An Act for Continuing the Imprisonment of Counter and others for the late Horrid Conspiracy to Assassinate the Person of his sacred Majesty Imprisonment Anno 9 10 W. 3. 5 An Act for satisfying and discharging the Arrears of several Annuities which Incurred between the Seventeenth Day of May One thousand six hundred ninety six and the Seventeenth Day of May One thousand six hundred ninety seven Annuities 6. An Act that all Retailers of Salt shall sell by Weight Salt 7. An Act to prevent the Throwing or Firing of Squibs Serpents and other Fireworks Squibs 8. An Act for Explaining an Act made the last Session of Parliament for Granting to his Majesty certain Duties upon Malt Mum Sweets Cyder and Perry Taxes 9. An Act for Rendring the Laws more effectual for preventing the Importation of Foreign Bone-Lace Loom-Lace Needle-Work Point and Cut Work Trade 10. An Act for Granting to his Majesty the Sum of One million four hundred eighty four thousand and fifteen pounds One shiling Eleven pence three farthings for Disbanding Forces Paying Seamen and other Uses therein mentioned Taxes 11. An Act for Explaining an Act made the last Session of Parliament Entituled An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom Poor 12. An Act for the Inlarging Repairing and Preserving the Bridge and Key of the Borough of Bridgwater in the County of Somerset Bridgwater 13. An Act for Granting to his Majesty several Duties upon Coals and Culm Taxes 14. An Act for Continuing the Duties upon Coffee Tea and Chocolate and Spices towards satisfaction of the Debt due for Transport Service for the Reduction of Ireland Taxes 15. An Act for determining Differences by Arbitration Arbitration 16. An Act to Execute Judgments and Decrees saved in a Clause of an Act of the First year of the Reign of King William and Queen Mary Intituled An Act for taking away the Court holden before the President and Council of the Marches of Wales Iudicial Proceedings 17. An Act for the better Payment of Inland Bills of Exchange Trade 18. An Act for Repairing the High-ways from the Town of Birdlipp and the Top of Crickly-Hill in the County of Gloucester to the City of Gloucester High-ways 19. An Act for Cleansing and making Navigable the Channel from the Hithe at Colchester to Wivenhoe Rivers 20. An Act to Naturalize the Children of such Officers and Soldiers and others the Natural Born Subjects of this Realm who have been born abroad during the War the Parents of such Children having been in the Service of this Government Soldiers 21. An Act for the better Preventing the Counterfeiting Clipping and other Diminishing the Coin of this Kingdom Coin 22. An Act to Repeal an Act made in the Nine and thirtieth year of the Reign of Queen Elizabeth Intituled An Act to Restrain the Excessive making of Malt and to Discharge and Vacate Orders made by Justices of Peace by Virtue thereof for Restraining Maltsters from making Malt. Malt. 23. An Act for Granting to his Majesty a further Subsidy of Tunnage and Poundage towards Raising the yearly Sum of Seven hundred thousand pounds for the Service of his Majesties Houshold and other uses therein mentioned during his Majesty Life Customs 24. An Act for Inlarging the time for Purchasing certain Estates or Interests in several Annuities therein mentioned Annuities 25. An Act for Granting to his Majesty his Heirs and Successors further Duties upon Stampt Vellum Parchment and Paper Taxes 26. An Act to Settle the Trade to Africa Trade 27. An Act for Licensing Hawkers and Pedlars for a further Provision of Interest for the Transport Debt for Reducing of Ireland Taxes 28. An Act for the Exporting Watches Sword-Hilts and other Manufactures of Silver Trade 29. An Act to Repeal the Act made the last Session of Parliament Intituled An Act for Relief of Creditors by making Composition with their Debtors in case Two thirds in number and value do Agree Creditors 30. An Act for Increasing his Majesties Duties upon Lustrings and Alamodes Customs 31. An Act for Raising the Militia for the year One thousand six hundred ninety eight although the Months pay formerly advanced be not Repaid Militia 32. An Act for the more effectual suppressing of Blasphemy and Prophaneness Religion 33. An Act to Stop the Coining Farthings and Halfpence for One year Coin 34. An Act for the better and more orderly payment of the Lottery Tickets now payable cut of certain Additional Duties of Excise and of other Annuities lately payable out of the Tunnage Duties Taxes 35. An Act for preventing Frauds and Abuses in the Charging Collecting and Paying the Duties upon Marriages Births Burials Batchclors and Widowers Taxes 36. An Act for the Increase and Preservation of Timber in the New Forest in the County of Southampton Ships and Shipping 37. An Act for applying to the use of his Majesties Navy and Ordinance the Overplus of the Money and Stores which were provided for the Building Seven and twenty Ships of War Ships c. 38. An Act for Granting to his Majesty an Aid by a Quarterly Poll for One year Taxes 39. An Act for Setling and Adjusting the Proportions of Fine Silver and Silk for the better making of Silver and Gold Thread and to prevent the Abuses of Wire-drawers Trade 40. An Act for the explanation and better Execution of former Acts made against Transportation of Wool Fullers-Earth and Scouring Clay Wool 41. An Act for the better preventing the Imbezlement of his Majesties Stores of War and Preventing Cheats Frauds and Abuses in paying Seamens Wages Stores of War 42. An Act for Enlarging the time for Registring of Ships pursuant to the Act for preventing Frauds and regulating Abuses in the Plantation Trade Trade 43. An Act for the better Incouragement of the Royal Lustring Company and the more effectual preventing the Fraudulent Importation of Lustrings and Alamodes Trade 44. An Act for Raising a Sum not exceeding Two Millions upon a Fund for payment of Annuities after the rate of Eight pounds per Cent. per Ann. and for setling the Trade to the East-Indies Trade 45. An Act for taking away half the Duties imposed on Glass Wares and the whole Duties lately laid on Stone and Earthen Wares and Tobacco Pipes And for Granting in lieu thereof New Duties upon Whale Fins and Scotch Linen Taxes A CONTINUATION OF THE ABRIDGMENT OF ALL THE STATUTES OF King WILLIAM and Queen MARY AND King William III. In Force and Use From October the 20th 1696. to July 5. 1698. Annuities I. STat. 9 10 W. 3. cap. 5. For discharging the Sum of 255663 l. 5 s. 8 d. remaining unpaid upon the several Annuities which between 17 May 1696. and 17 May 1697. became due and ought to have been paid out of 5 seventh parts of the late Duties of Tunnage and 2 seventh parts of the same Duties as also out of certain
Policy Contract Bargain or Agreement which is to be performed after the 1st day of May 1697. upon which any Pramium is or shall be given or paid for Liberty to deliver receive accept or refuse any share in any Joint-stock Talleys Orders Exchequer Bills or Bank Bills other than such Policies and Contracts as are to be performed within three days from the time of making the same shall be utterly null and void and every such Praemium shall be paid back XII If any Praemium shall be given contrary to the intent and meaning of this Act with the privity of a sworn Broker or if any person shall Act or Trade as a Broker not being Admitted according to this Act and the same shall come to the knowledge of a sworn Broker in every such Case such sworn Broker shall forthwith discover the same and in case he shall not so do the Lord Mayor and Court of Aldermen shall displace such sworn Broker who shall for ever be incapable to use or exercise the Trade of a Broker XIII All penalties and forfeitures given by this Act shall be recovered by Action of Debt c. in any of the Kings Courts of Record at Westminster in which no Essoin c. one Moiety to the King the other to him that shall sue for the same XIV This Act to continue from the 1st of May 1697. for the space of three years and from thence to the end of the next Session of Parliament XV. No person buying or selling of Cattle Corn or any other Provision or Coal shall be esteemed a Broker within this Act. XVI No Broker Admitted by this Act shall after the time aforesaid till the end of next Session of Parliament act or deal or drive any Bargain to buy or sell Talleys or other Securities upon Parliamentary Funds unless Licensed so to do by the Lords of the Treasury or three of them under the penalty of 500 l. I. Stat. 8 9 W. 3. cap. 29. For Repair of the Peers of Bridlington alias Burlington in the East-Riding of Yorkshire It is Enacted That after 1 May 1697 and until 1 May 1704 there shall be paid for the repairing and amending the said Peer one farthing for every Chalder of Coals that shall be loaden on Board any Ship or other Vessel at or in the Port of Newcastle upon Tyne or at Sunderland Blythe Suton Sluce Culler Coats or any place reputed a Member of the Port of Newcastle Which said Duties during the term aforesaid shall be answered and paid unto Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William St. Quintin Baronets Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Knights Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Byerly Charles Osborn Esquires and to the Wardens of Trinity-House at Hull for the time being the Survivors and Survivor of them and the Executors and Administrators of such Survivor or to their Deputy or Deputies thereunto appointed by some Writing under their or the major part of their Hands and Seals by the Master of the Vessel whereupon such Coals shall be loaden The said Duties to be paid at such place or places as shall be appointed in or near the place of Loading II. No Officer of the Customs within the Ports Harbours Creeks or places aforesaid shall during the time aforesaid take any Entries or give any Cocket or other Discharge for any Ship or other Vessel so loaden with Coals as aforesaid till the Duties hereby granted shall be paid to the respective Deputies appointed to receive the same as aforesaid and that the Master of such Ship or Vessel do produce an Acquittance testifying the Receipt thereof And every Officer of the Customs making default in any of the Premisses shall forfeit the Sum of 50 l. to the said A. Lord Viscount J. Sir G. B. c. to be recovered with Costs in any of the Kings Courts of Record by Action of Debt c. wherein no Essoin c. shall be allow'd III. Any person or persons by Warrant under the Hands and Seals of the said A. Lord Viscount J. Sir G. B. c. or the major part of them may go on Board any Ship or other Vessel loaden with Coals at any the foresaid places to inspect and take an account of the lading of such Coals IV. All such Sums of Money which shall be raised by the Duties aforesaid and recovered for any Forfeitures in this Act appointed other than what shall be laid out or allow'd for Collecting the said Duty not exceeding 6 d. in the pound shall be by the said A. Lord Viscount J. Sir G. B c. applyed to the rebuilding repairing and amending the said Port or Peer of Bridlington alias Burlington and there shall be provided and kept by the said persons their Deputy or Deputies one or more Books in which all Receipts and Payments by virtue of this Act shall be entred expressing the time when and persons from and to whom the same were made And once yearly the Justices of the Peace for the East-Riding of the County of York at their Quarter-Sessions may order the said Books to be brought before them to inspect the same and upon any mis-imployment of the said Duties to make such Orders for the better management of the same according to the intent of this Act as they shall think most fit Which Orders shall be observed by all persons concerned upon such Penalties not exceeding 100 l. as they shall set to be levyed upon the Goods of the Offenders by Warrant from the said Justices V. The said A. Lord Viscount J. Sir G. B c. or the greatest number of them that shall be then living may by Indenture under their Hands and Seals convey and assure the Duties granted by this Act or any part thereof as a Security for Money to be borrowed for the ends and purposes of this Act. VI. If any person shall be sued for any thing done by virtue of this Act he may plead the General Issue and give the special Matter in Evidence and upon Nonsuit or Verdict for the Defendant he shall recover double Costs VII After 1 May 1697 the said A. Lord Viscount J. Sir G B c. or any three or more of them may from time to time survey and inspect the sufficient Building and Repairs of the Peer aforesaid with all Walls Jetteys Sluces Sockers and Locks thereof and certifie the State and Condition of the same in Writing to the said Justices at their Quarter Sessions who are hereby impowered to charge the Lands formerly granted by K. James I. 20 Sept. in the 21st year of his Reign to John Earl of Holdernesse his Heirs and Assigns with such equal assesment as they shall judge sufficient and necessary for repair of the same and in default of Payment of the said assesment the Defaulter to be distrained by Warrant of three of such Justices and after
this Act at 5 s. 4 d. per oz. shall be Melted down and Coin'd into Mill Money and applied and placed to the Accounts of the particular Revenues to which the same did belong and shall be disposed accordingly so far as it will extend without being diverted to any other Use than such as the same is appropriated unto by Parliament XXI Stat. 8 9. W. 3. cap. 26. For preventing the Counterfeiting the Coin It is Enacted That after 15 May 1697. no Smith Ingraver Founder or other person whatsoever except such as are Imploy'd in his Majesties Mints for the use of the said Mints only or persons Lawfully Authorized by the Lords of the Treasury shall knowingly make or mend any Punchion Counter-punchion Matrix Stamp Dye Pattern or Mold of Steel Iron Silver or other Metal or of Spaud or Fine Founders Earth or Sand or other Materials whatsoever by which shall be Made or Impressed the Figure Stamp or similitude of both or either side of any Gold or Silver Coin Current within this Kingdom or make or mend any Edger Instrument or Engine contrived for making of Money round the Edges with Letters Grainings or other Marks resembling those on the Edges of Money Coin'd in the Kings Mint nor any Press for Coinage or Cutting Engine for cutting round Blanks nor knowingly buy sell or hide or without Lawful Authority or Excuse have in his House or Possession any such Tool or Instrument before mention'd And any person whatsoever except as before who shall offend in any the matters aforesaid every such Offender his Aiders and Abetters shall be guilty of High Treason XXII If any person after the said 15 May shall without Lawful Authority wittingly Convey out of any of the Kings Mints any of the said or other Instruments used about Coining of Money there or any useful part of such Instruments such persons so Offending their Aiders and Abetters shall be guilty of High Treason XXIII If any person other than such as are Imploy'd in the Kings Mints or who have Authority from the Lords of the Treasury shall after the said time mark on the Edges any the Current Coin of this Kingdom or any Diminisht Coin of this Kingdom or any Counterfeit Coin resembling the Coin of this Kingdom with Letters Grainings or other Marks like those on the Edges of Money Coin'd at the Kings Mint every such Offence shall be High Treason and the Offenders shall suffer accordingly XXIV If any person after the said time shall Colour Guild or Case over with Gold or Silver or any Wash or Materials producing the Colour of Gold or Silver any Coin resembling the current Coin of this Kingdom or any Round Blanks of base Metal or of course Gold or Silver of the size of Mill'd Money or Guild over silver Blanks to be Coin'd into pieces resembling the current Gold Coin of this Kingdom every such person his Aider and Abetter shall be guilty of High Treason XXV If any Punchion Dye c. used or designed for Coining or Counterfeiting of Gold or Silver Money shall at any time after the said 15 May be hid conceal'd or found in the House or Possession of any person not imploy'd in some of the Kings Mints or having the same by some Lawful Authority any person may seize the same and carry them forthwith to some Justice of Peace to be produced in Evidence against the person who shall or may be prosecuted for such Offence and after such producing in Evidence the same shall be totally defaced and destroyed by Order of Court or in the presence of the same or some other Justice of Peace XXVI And if after the said 15 May any counterfeit or diminisht Money shall be produced in Evidence or otherwise that immediately after such producing the said Money shall be cut in pieces in open Court or in the presence of some Justice of Peace and then deliver'd to the Rightful Owner XXVII If any person after the said time shall Blanch Copper for sale or mix Blancht Copper with Silver or knowingly buy or sell or offer to sell such or buy or sell any Malleable Composition or Mixture of Metals or Minerals which shall be heavier than Silver and look and wear like Standard Gold but be manifestly worse than Standard or shall receive pay or put off any counterfeit Mill'd Money or Mill'd Money unlawfully diminisht and not cut in pieces at a lower Rate than the same by its denomination shall import every such person shall be guilty of Felony and suffer Death as in case of Felony XXVIII This Act shall not extend to make any Corruption of Blood or loss of Dower And all persons who after the said 15th of May shall be accused of any Treason or Felony by this Act shall be tried in such manner as is used against Offenders for Counterfeiting the Kings Money XXIX All and every the Crimes mention'd in an Act made 6 7 W. 3. Intituled An Act to prevent Counterfeiting and Clipping the Coin of this Kingdom may be heard and determined upon Indictment or Presentment either in the Court of Kings Bench or before the Justices of Assize XXX This Act to continue and be in force till the end of the next Session of Parliament and no longer and no prosecution shall be made upon this Act unless commenced within Three Months after the Offence committed XXXI Stat. 9. W. 3. cap. 2. After 10 Jan. 1697 no Hammered Silver Coin of this Kingdom shall be esteemed the lawful Coin of this Realm nor be current in any payment at any Rate or Value by Weight or otherwise nor shall the Tender of any such Hammer'd Silver Money after the said 10 Jan. be deemed a good Tender in Law nor the Refusal thereof in any payment be adjudged a Refusal of the lawful Coins of this Kingdom XXXII Provided that any persons may carry into any of the Mints in the Tower of London or in the Cities of Bristol Exeter Chester Norwich and York before 1 Mar. 1697. any Old Hammer'd Money to be Recoined And the Master or Worker of every such Mint or his Deputy is to receive the same and cause it to be melted down and Recoin'd into the lawful Coins of this Kingdom and pay back the same so Recoin'd by 25 Mar. 1698. to the several Importers XXXIII The Commissioners of the Treasury or any three of them may cause new Exchequer Bills to be made forth and deliver'd to such persons as shall demand them in lieu of such Bills as shall be brought in filled up with Indorsements which Old Bills shall be cancelled and kept apart from all other Bills whatsoever And such New Bills shall have the like Currency and the same punishment shall be inflicted for Forging or Counterfeiting the same and they shall be subject to the same Rules Methods and Continuance as the Old Bills were and shall bear the same Numbers Dates Principal Sums and Rate of Interest per diem as were born on the Old
Proof upon Oath before the next Justice of Peace that the same was duly Entred and a Warrant for Conveyance obtain'd it shall likewise be Forfeited And the Persons so Carrying the same away shall Forfeit to His Majesly double the Value and also 10 s. per Bushel LXXVII No Retailer or Shopkeeper shall ship any Salt for any Port of this Kingdom before Oath or other Proof made before the Collectors that the Duty is Paid or Secured LXXVIII Masters of Ships Carrying Salt or Rock-Salt from one Port to another shall before they have a Warrant for Landing it Deliver to the Collectors Particulars thereof upon Oath and that no more hath been Laded since their coming out of Port and upon Landing any Part thereof at any other Port shall have a Certificate thereof or Forfeit double the Value so Landed and also 10 s. per Bushel LXXIX No Fees shall be taken for Debentures Tickets Warrants or Licenses touching the said Duties LXXX Provided that for Fish exported there be allowed over and above all former Allowances For every Cask of Pilchards er Scads from 1 July 1698 to 25 December 1699. 20 s. and after 24 December 1699. 28 s. For every Barrel of White Herring from ● July 1698. to 25 December 1699. 4 s. 2 d. And from 24 December 1699. 5. s. 10 d. For every Barrel of Red Herring from 1 July 1698. to 25 December 1699. 3 s. 4 d. and after 24 December 1699. 4 s. 8 d. For every Barrel of Salmon from 1 July 1698. to 25 December 1699. 8 s. 4 d. and after 24 December 1699. 11 s. 8 d. For every Hundred of Codfish Ling or Hake after 1 July 1692 and before 25 December 1699. 25 s. and after 24 December 1699. 35 s. For every Last of Dried Red Sprats after 1 July 1698. 6 s. 8 d. LXXXI Which Allowances shall be Paid by the Salt Collector in the Port from whence such Fish is Exported within Thirty Days after Demand upon a Debenture duly verified and Oath made that the Fish was English taken and really Exported beyond Sea And if the Collector have not sufficient Money to pay the same upon his Certificate the Commissioners of Excise shall be Chargeable therewith out of the first Money in their Hands on the said Salt Duties And any Officer neglecting or refusing to pay the said Money or give such Certificate shall forfeit double the Sum payable LXXXII Upon Exporting any Salt Foreign or English or Rock-Salt the Officer where such Salt was Made or Imported and the Duty Paid or Secured shall deliver Certificates thereof gratis and the Officer at the Place of Exportation shall thereupon give a Debenture for Repayment of the Duty by the Officer where it was before Paid or Secured LXXXIII All Salt Imported or Brought into England Wales or Berwick not there Made shall pay as Foreign Salt and Scotch Salt brought into England by Land shall be entred at Carlisle or Berwick under forseiture of double the value and also 10 s. per Bushel LXXXIV Persons Sued for any thing done in pursuance of this Act may Plead the General Issue and give the Act in Evidence and if the Plaintiff he Cast Nonsuit or forbear Prosecuting the Desendant shall have double Costs LXXXV No Writ of Certiorari shall supersede the Orders of the Commissioners of Excise or Justices of Peace touching the Duties on Salt LXXXVI No Salt shall be Delivered from any Salt-works without Notice given to the Officer on Pain of Forfeiture and also 10 s. per Bushel One half to the Prosecutor the other to the King LXXXVII If any Exported Salt after the Duty has been repaid be Landed in this Kingdom before the Duty be again paid the Offender shall forfeit double the value thereof and 10 s. per Bushel LXXXVIII Subjects of this Realm shipping Salt for any part of England in a Ship perishing at Sea or taken by Enemies upon proof thereof before the Justices in Session of the loss of such Salt shall be allowed to buy the like quantity without Duty LXXXIX Salt-Rock or Rock-Salt after Entry and a Warrant may be removed to convenient Ware-houses and the Duty need not be paid or secured till sold and delivered XC No Person shall be obliged by any Contract made before 25 Dec. 1698. to deliver any Salt or Rock Salt unless the Buyer pay the Duty XCI Salt-Rock or Rock-Salt shall be Entred by Weight only at 120 pound weight to the Bushel XCII Refiners of Rock-Salt which had paid the Duty shall have an Abatement over and above any former Allowances of 2 s. 4 d. per Bushel XCIII The charge of managing this Duty on Salt may be paid out of the said Duties XCIV Salt made from Rock-Salt allowing the Drawback and all Refined Salt Imported or Made in England is to be charged with the said Duties XCV All Salt except Rock Salt shall be ascertained as to the Duty at 56 pounds weight to the Bushel XCVI All Salt brought from Scotland and all Imported and Home-made Salt brought in or landed before due Entry shall be forfeited and 10 s. per Bushel XCVII The Collectors of the said Salt Duties shall provide Scales at every Salt-work and Persons living near such Salt-works or Salt-pits shall be Sworn Weighers and paid for the same by the Collectors XCVIII The Officers shall deliver as many Warrants or Permits to Salt Carriers as they desire gratis for what they shall Load at one time XCIX All Persons shall sell Salt except foreign Salt after 56 pound weight to the Bushel under Penalty of 5 l. to the Informer C. The Lord Mayor and Court of Aldermen in London shall by to July 1698. ascertain the price of Salt within the City of London and Bills of Mortality And the Justices of Peace in their General Sessions for other Places by 1 Aug. 1698. And so from time to time if necessary And Persons selling for higher prices or refusing to sell at the prices settled shall forfeit 5 l. to be Levied by Distress and Sale of Goods by Warrant from the Lord Mayor aforesaid or a Justice of Peace of the Place who in default of a Distress may Imprison the Offender till payment thereof one Moiety to the King the other to the Prosecutor CI. The Commissioners of Excise and Commissioners for the Stamp Office respectively shall keep apart and pay Weekly into the Exchequer the Duties on Salt by this Act granted and the Additional Duties on Stampt Velum Parchment and Paper granted to his Majesty his Heirs and Successors by an Act of this present Session and a distinct Register thereof shall be kept in the Exchequer CII The Commissioners for managing the said Duties not paying the same duly into the Exchequer or misapplying any part thereof shall forfeit their Places and be uncapable of any Place of Trust and pay double the value so misapplied CIII In the Excise Office and Stamp Office there shall for ever be Commissioners and Comptrollers for the Execution
A CONTINUATION OF THE ABRIDGMENT Of all the STATUTES OF K. William and Q. Mary AND OF King William the Third In Force and Use Begun by J. Washington of the Midd. Temple Esq Revised and Continued after his Death to the end of the Session of Parliament 27 April 1696. And now further Continued from the beginning of the Second Session of the Third Parliament 20 October 1696. to the end of the Third and last Session of the said Third Parliament 5 July 1698. With Two New Tables LONDON Printed by Charles Bill and the Executrix of Tho. Newcomb deceased Printers to the Kings most Excellent Majesty And by W. Rawlins and S. Roycroft Assigns of Richard and Edward Atkins Esquires MDCXCIX THE TITLES OF THE STATUTES Contained in this ABRIDGMENT WITH THE HEADS Under which they Stand. Anno. 8. W. 3. Part. 3. Sess 2. 1. AN Act for Importing and Coining Guineas and Half-Guineas Coin 2. An Act for the further Remedying the ill State of the Coin of the Kingdom Coin 3. An Act to Explain that part of the Act passed the last Session of Parliament for Laying several Duties on Low Wines and Spirits of the first Extraction and for Preventing the Frauds and Abuses of Brewers Distillers and other Persons chargeable with the Duties of Excise which Relates to the Payment of Tallies and the Interest thereof Excise 4. An Act to Attaint Sir John Fenwick Baronet of High Treason Treason 5. An Act to Attaint such of the Persons concerned in the late Horrid Conspiracy to Assassinate his Majesties Royal Person who are fled from Justice unless they render themselves to Justice and for continuing several others of the said Conspirators in Custody Treason 6. An Act for Granting an Aid to his Majesty as well by a Land Tax as by several Subsidies and other Duties payable for One Year Taxes Anno 8 9 W. 3. 7. An Act for Granting to his Majesty several Duties upon Paper Vellum and Parchment to Encourage the bringing of Plate and Hammered Money into the Mints to be Coined Taxes 8. An Act for Incouraging the bringing in Wrought Plate to be Coined Coin 9. An Act to Restore the Market at Blackwell Hall to the Clothiers and for Regulating the Factors there Blackwell-Hall 10. An Act to Enable the Returns of Juries as formerly until the first day of November One thousand six hundred ninety seven Iuries 11. An Act for the better preventing Frivolous and Vexatious Suits Snits 12. An Act for continuing certain Additional Impositions upon several Goods and Merchandizes Customs 13. An Act for continuing several former Acts for Punishing Officers and Soldiers who shall Mutiny or Desert his Majesties Service and for Punishing False Musters and for Payment of Quarters for One year longer Soldiers 14. An Act for the Compleating the Building and Adorning the Cathedral Charch of St. Paul London and for Repairing the Collegiate Church of St. Peter Westminster Churches 15. An Act for Repairing the Highway between Ryegate in the County of Surrey and Crawley in the County of Sussex High-ways 16. An Act for Enlarging Common High-ways High-ways 17. An Act for Paving and Regulating the Hay-Market in the Parishes of St. Martins in the Fields and St. James within the Liberty of Westminster Hay-Market 18. An Act for Relief of Creditors by making Compositions with their Debtors in Case Two thirds in Number and Value do Agree Creditors 19. An Act for Repealing a Clause in a former Act relating to Party Guiles and for the better preventing Frauds and Abuses of Brewers and others Chargeable with the Duties of Excise Excise 20. An Act for making good the Deficiences of several Funds therein mentioned and for Enlarging the Capital stock of the Bank of England and for Raising the Publick Credit Taxes 21. An Act for Laying a Duty upon Leather for the Term of Three years and making other Provision for Answering the Deficiences as well of the late Duties upon Coals and Culm as for Paying the Annuities upon the Lottery and for Lives charged on the Tunnage of Ships and the Duties upon Salt Taxes 22. An Act for Granting to his Majesty certain Duties upon Malt Mum Sweets Cyder and Perry as well towards Carrying on the War against France as for the necessary Expence of his Majesties Houshold and other Occasions Excise 23. An Act to enforce the Act for the Increase and Incouragement of Seamen Seamen 24. An Act for Granting to his Majesty a further Subsidy of Tunnage and Poundage upon Merchandizes Imported for the Term of Two years and Three quarters and an Additional Land Tax for One year for Carrying on the War against France Customs 25. An Act for Licensing Hawkers and Pedlars for a further Provision for payment of the Interest of the Transport Debt for the Reducing of Ireland Taxes 26. An Act for the better Preventing the Counterfeiting the Current Coin of this Kingdom Coin 27. An Act for the more effectual Relief of Creditors in Cases of Escapes and for preventing Abuses in Prisons and pretended Privileged Places Prisons c. 28. An Act for the better Observation of the Course Anciently Used in the Receipt of Exchequer Exchequer 29. An Act for the Repair of the Peers of Bridlington alias Burlington in the East-Riding of the County of York Burlington 30. An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom Poor 31. An Act for the easier obtaining Partitions of Lands in Coparcenary Joynt Tenancy and Tenancy in Common Partitions 32. An Act to restrain the number and ill Practices of Brokers and Stock-Jobbers Brokers 33. An Act to make perpetual and more effectual an Act Intituled An Act to prevent delays at the Quarter Sessions of the Peace Iustices of Peace 34. An Act for the Lessening the Duty upon Tin and Pewter Exported and Granting an Equivalent for the same by a Duty upon Drugs Customs 35. An Act for Raising the Militia for the Year One thousand six hundred ninety seven although the Months Pay formerly advanced be not repaid Militia 36. An Act for the further Encouragement of the Manufacture of Lustrings and Alamodes within this Realm and for the better preventing the Importation of the same Trade 37. An Act for Explaining and Enforcing the Act for Paving and Cleansing the Streets within the Cities of London and Westminster and Borough of Southwark and Weekly Bills of Mortality and Streets adjoyning thereunto And for Widening the Street at the South end of London-Bridge London Anno 9 W. 3. Part. 3. Sess 3. 1. An Act against Corresponding with the late King James and his Adherents Treason 2. An Act to prevent the further Currency of any Hammered Silver Coin of this Kingdom and for recoining such as is now in being and for the making out new Exchequer Bills where the former Bills are or shall be filled up by Indorsements Coin 3. An Act to give further time for the Administring of Oaths relating to Talleys and Orders and for the easier
Duties charged upon Salt Any Persons having any Estate for one life in any Annuity purchased at the rate of 100 l. for every 14 l. per Ann. upon the several Acts mentioned in the Act of 6 7 W. 3. Intituled An Act for Enabling such Persons as have Estates for Life in Annuities payable by several former Acts therein mentioned to purchase and obtain further and more certain Interests in such Annuities and in default thereof for admitting other Persons to purchase and obtain the same for Raising Money for carrying on the War against France or any of them may before 25 Mar. 1698. pay into the Exchequer for every such Annuity of 14 l. per Ann. computed at 4 years 56 l. more for converting such single Life into a certain Term for the residue then to come of the 96 years from 25 Jan. 1695. or for the residue of the said Term of 96 years after the said Estate for Life II. If any Person intituled to such present Annuity shall not before the said 25 Mar. 1698. change such Estate for Life into a Term certain or for a future Interest as aforesaid then any other person after the said 25 Mar. and before 10 Apr. 1698. may purchase an Interest for the then residue of the said Term of 96 years as aforesaid subject to the present Estate for Life for the like Sum of 56 pounds and the persons paying the said Consideration shall immediately be intituled to such Annuity chargeable upon the respective Fund in the former Act mention'd III. Persons intituled to any Arrears incurred between 17 May 1696 and 17 May 1697. upon the said Annuities charged upon the Tunnage or Salt Duties and hereby intended to be provided for who shall upon their Orders Talleys or Lottery Tickets for such Arrears discharge the King in the Exchequer of so much as the purchasing such further Interest or Term shall amount to shall thereupon be intituled to such Annuities so to be purchased as if the Consideration was actually paid in Money IV. The Directions and Powers in the said former Act for Levying Talleys making Orders Assignments or applying the Moneys arising by the said Funds are hereby revived in respect of such Annuities as shall be purchased upon this Act. V. All the Moneys which shall come into the Exchequer for the said Contributions shall be applyed to the payment of the Arrears of the several Annuities charged upon the 5 sevenths and 2 sevenths of the Tunnage and upon the Duties on Salt incurred out of those Funds from 17 May 1696 to 17 May 1697 and a proportionable part applyed to the making good each of those Funds and not diverted to any other use And the Officer offending therein shall forfeit his Office and double the value of the Money so diverted VI. After 1 Mar. 1697. No Officer appointed to pay the Annuities out of the Duties of Excise upon the Act made 4 5. W. M. Intituled An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such persons as shall voluntarily advance the Sum of Ten hundred thousand Pounds towards carrying on the War against France and upon divers other subsequent Acts without Survivorship shall pay off any Quarterly Payment of the said Annuities till the precedent Quarter be fully paid or the Money ready in the Office for payment thereof whereof publick notice to be given and hung up in the said Office And every Officer offending herein shall forfeit his Office and 50 pounds for every such Offence to the person who shall sue for the same VII Stat. 9 10 W. 3. Cap. 24. All persons having or not having any Estate for one Life in an Annuity purchased at the rate of 100 l. for 14 l. per Ann. upon the several Acts mentioned in the Act of 6 7 W. 3. Intituled An Act for Enabling such Persons as have Estates for Life in Annuities payable by several former Acts therein mentioned to purchase and obtain further and more certain Interests in such Annuities and in default thereof for admitting other Persons to purchase and obtain the same for Raising Money for carrying on the War against France may at any time before 1 Dec. 1698. paying into the Exchequer 56 pounds for every such Annuity of 14 l. per Ann. convert the said Estate for Life into a certain Term for the Residue of 96 years then to come from 25 Jan. 1695 or have an interest in such Annuity for the said Term to take effect after the said Estate for Life charged with and subject to the present Estate for Life and in the same proportion for higher or larger Annuities And the persons so paying the said Consideration Money shall immediately be intituled to such Annuities charged upon the respective Fund in the said former Act mentioned as if the said Consideration Money had been advanced within the times limited by the said former Act. VIII All the Clauses in the said former Act for Levying of Talleys making Orders or Assignments or applying the Moneys arising by the said Funds or for any other matter relating to the said Annuities so to be purchased are revived by this Act and shall be duly observed in respect of such Annuities as shall be purchased upon this Act as fully as if they were here particularly repeated IX All Moneys which shall come into the Exchequer upon the said Contributions for Annuities so to be purchased shall be applyed to the Payment of the Off-Reckonings of the Army for the year 1697. And out of the same the persons who clothed the Army for the said Year shall be paid what is due to them for such Clothing chargeable upon the said Off-Reckonings Arbitration I. Stat. 9 10 W. 3. cap. 15. After 11 May 1698. All Merchants and Traders and others desiring to end any Controversie Suit or Quarrel for which there is no other Remedy but by personal Action or Suit in Equity by Arbitration may agree That their submission of the Suit to the Award or Umpirage of any person or persons should be made a Rule of any of his Majesties Courts of Record which the Parties shall choose and may insert such their Agreement in their Submission or the Condition of the Bond or Promise And upon producing an Affidavit of such inserting and upon Reading and Filing such Affidavit in the Court so chose the same may be entred of Record in such Court and a Rule of Court shall thereupon be made That the Parties shall submit to and finally be concluded by such Arbitration or Umpirage And in case of disobedience thereto the Party neglecting or refusing shall be subject to all the Penalties of Contemning a Rule of Court and Process shall issue accordingly which shall not be stopt or delayed unless it appear on Oath that the Arbitrators or Umpire misbehaved themselves and that such Award was corruptly or unduly
Poundage and all Additional Duties and Impositions already payable for any Wines Goods or Merchandizes Imported there shall be paid to his Majesty one other Subsidy called Tunnage for all Wines which after the last of January 1699. during his Majesties Life shall be Imported into this Kingdom viz. XLIV Of every Tun of French Wine that shall come into the Port of London by way of Merchandize by his Majesties Natural born Subjects 4 l. 10 s. and by Strangers and Aliens 6 l. Every Tun of like Wine brought into any other Port of this Kingdom by way of Merchandize by his Majesties Natural born Subjects 3 l. and by Aliens 4 l. 10 s. XLV Every Butt or Pipe of Muscadells Malmseys Cutes Tents Alicants Bastards Sacks Canaries Malaga's Madera's and other Sweet Wines of the Growth of the Levant Spain or Portugal brought into the Port of London by his Majesties Natural born Subjects 45 s. and by Strangers or Aliens 3 l. And every Butt or Pipe of the like Wine brought into any other Port of this Kingdom by way of Merchandize by his Majesties Natural born Subjects 30 s. and by Strangers 45 s. XLVI Every Awm of Rhenish Wine or of the Growth of Germany brought into this Realm by his Majesties Natural born Subjects 20 s. and by Strangers and Aliens 25 s. And such Wines landed in any the Out Ports and afterwards brought to London by Certificate shall pay so much more Subsidy by this Act as they paid short of the Duty due in the Port of London Which several Rates for Wines are the same as in the Book of Rates signed by Sir Harbottle Grimstone Baronet formerly Speaker of the House of Commons and referred to by the Act 12 Car. 2. Intituled A Subsidy Granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandizes Exported and Imported And one further Subsidy called Poundage viz. Of all manner of Goods and Merchandizes by whomsoever brought into this Realm after the said last of January 1699. during his Majesties Life by way of Merchandize Twelve Pence in the Pound of the Value of the same Goods and Merchandizes in the said Book of Rates And if any Goods so Imported shall not be particularly Rated in the said Book of Rates the Subsidy by this Act Granted shall be Levied according to the Value of such Goods upon Oath of the Merchant Except out of this Subsidy all Wines before limited to pay Tunnage and all Fish English taken and brought by English Bottoms into this Realm and all Fresh Fish and Bestial and all other Goods and Merchandizes which in the said Book of Rates are Custom Free and all Goods and Merchandizes commonly used in Dying XLVII All Drugs Chargeable by this Act Imported directly from the place of their Growth in English Built Shipping shall pay only one third part of what is Charged thereupon in the said Book of Rates And all Spicery except Pepper Imported directly from the place of its Growth in English Built Shipping shall pay by this Act but one third part of what is Charged in the said Book of Rates And this Act shall not Charge Linen Imported with the Additional Duty of one Moiety of the Rate mentioned in the said Book of Rates And all Foreign Wrought Silks Exported within one Year from the Importation shall have two thirds of the Rate hereby Charged Repaid at the Custome-house And this Act shall not Charge Wrought Silks Imported with the Additional Duty of one Moiety mentioned in the said Book of Rates Or Tobacco of the English Plantation with the Additional Duty of One Peny per Pound over and above the Subsidy in the said Book of Rates Or the Wines of France Germany Portugal or Madera with the Additional Duty of 3 l. per Tun or any other Wines with the Additional Duty of 4 l. per Tun mentioned in the said former Acts or Book of Rates And that for all Tobacco of the English Plantations Exported within one Year after its Importation the further Subsidy of one Peny per Pound hereby Granted shall be Repaid at the Custom-house XLVIII Out of the several Subsidies of Tunnage and Poundage by this Act Granted there shall be the like Allowances and Abatements as are prescribed by the said former Act or Book of Rates or the Rules thereunto annexed XLIX The said Subsidies of Tunnage and Poundage hereby Granted shall be Collected by the Officers of the Customs under the Management of the Commissioners of the Customs and shall be paid into the Exchequer for the Purposes in this Act mentioned the Charge of Management only excepted and all the Clauses in the said former Act of Tunnage and Poundage or in the Book of Rates or the Rules thereunto annexed or in any other Laws in Force touching the said Subsidy of Tunnage and Poundage shall be put in Execution for Answering the Subsidy of Tunnage and Poundage by this Act Granted as if particularly repeated in this Act. L. The whole further Subsidy laid by this Act upon all Sugars Imported from the English Plantations in America shall be paid back at the Exportation thereof LI. For every hundred Weight of Brown and Muscavado Sugars Refined in England Exported out of this Kingdom after the said last of January 1699. during the Continuance of this Act there shall be repaid at the Custom-house to the Exporter within a Month after Demand 3 s. Oath being made by the Refiner that the said Sugar was produced from Brown and Muscavado Sugar Charged by this Act and as he believes Imported from his Majesties Plantations in America and the Duty paid at Importation and duly Exported the Searcher also Certifying the Shipping and all other Requisites performed LII For the further Subsidy hereby Granted upon Tobacco of the English Plantations in America the Merchant giving Security shall have Three Months from the Importation to pay the same with a Discount after 10 per Cent. per Ann. for Prompt Payment if sooner paid LIII Ginger of the English Plantations in the West Indies Valued by the Book of Rates at 16 d. per Pound shall pay for the said former Subsidy 1 s. for every hundred Weight and for the Subsidy by this Act 1 s. for every hundred Weight and no more LIV. If any persons import or bring into this Kingdom any Cut Whalebone other than in Fins only they shall Forfeit the Goods and double the Value of the Cut Whalebone so Imported one moiety to the King the other to them that shall Seize or Sue for the same LV. Where any the Foreign Goods Wines or Merchandizes by this Act Charged with the Subsidy of Tunnage or Poundage Except Foreign Wrought Silk Tobacco Sugars and Refined Sugars touching which other Provisions are hereby made shall be again Exported by any Merchant English within a Twelve Month or by Strangers within Nine Kalendary Months after Importation and that Proof be made by Certificate from the proper Officer of the Entry and Payment
of the Subsidy hereby Granted with the Oath of the Merchant Importing and Exporting the same affirming the truth thereof and all other Requisites performed touching Repayment of the Half Subsidy by the former Act the whole Subsidy actually paid upon this Act shall be repaid within one Month after Demand or the Security vacated as to so much as shall be so Exported And as to Foreign Wrought Silks Tobacco Sugars and Refined Sugars no Drawback upon this Act shall be made unless Re-exported within the times hereby limited for other Goods and that like Proof be made and other Requisites performed for the said Silks c. as for other Goods Re-exported But upon such Exportation of Foreign Wrought Silks and Proof made and other Requisites performed not only the two thirds of the Subsidies by this Act. Directed to be Repaid for such Silks but also the remaining one third of the same Subsidy shall be intirely repaid at the Custom house LVI It being intended that the yearly Sum of 700000 l. be Supplied to his Majesty for his Houshold and Family and other his necessary Expenses and Occasions out of the Hereditary Excise Granted Ann. 12. Car. 2. and out of the Temporary Excise payable during his Majesties Life by an Act of 2 W. M. after the Talleys Charged upon the Weekly Sum of 6000 l. issuing out of the said several Duties of Excise pursuant to the Act of 7 W. 3. and still unsatisfied with the Interest thereof shall be fully paid and out of the Revenue of the Post-Office after all the Talleys Charged on the Weekly Sum of 600 l. issuing out of that Revenue pursuant to the said Act of 7 W. 3. and still remaining unsatisfied and the Interest thereof shall be fully paid And out of the small Branches of his Majesties Revenue viz. The First Fruits Alienation Fines Post Fines Wine Licences Sheriffs Proffers Seizures of Uncustomed and Prohibited Goods The Revenue of the Dutchy of Cornwall or any other Revenue in Lands in England or Wales or Fines of Leases for the same and the Duty of Four and a half per Cent. in Specie in Barbadoes and the Leeward Islands in America and out of the Moneys arising by this Act after the Commencement of the same It is Enacted That if the said Great and Small Branches and Revenues shall produce clear more than the yearly Sum of 700000 l. after 25 Dec. 1699. the Overplus shall not be Disposed of but by Parliament And all Dispositions of such Overplus without Authority of Parliament shall be Void and the persons to whom such Dispositions shall be made shall be incapable to Enjoy the same LVII Stat. 9 10 W. 3. cap. 30. All Lustrings and Alamodes Imported into this Kingdom which by the Act of Tunnage and Poundage made Ann. 12 Car. 2. were valued in the Book of Rates at 40 s. the Pound Weight containing 16 Ounces shall after 24 June 1698. be valued at Four Pounds for every Pound Weight containing 16 Ounces as aforesaid And the several Subsidies Additional and other Duties and Impositions payable thereupon by virtue of several Acts of Parliament since that time made during the Continuance of the same respectively shall be Collected Paid and Answered upon the said Lustrings and Alamodes according to the said Valuation of Four Pounds for every Pound Weight as if the same had been Originally Inserted in the said Book of Rates and had been particularly referred to instead of the said Rate of 40 s. in the several Acts beforementioned And that according to the same Rules and Methods and with such or the like Allowances and under such Penalties as are by the said Acts or any of them prescribed for the respective Duties on the same Commodities Exchequer I. STat. 8. 9. W. 3. cap. 28. For better observation of the Course anciently used in the Exchequer It is Enacted That after 20 April 1697. when any Money shall be brought into the Receipt of the Exchequer the respective Teller into whose Office it shall be brought if the Officers belonging to the Talley Court be then attending or as soon as they shall attend for the Levying a Talley shall without delay receive the said Money Weighing the same in intire Sums or otherwise and making due entry thereof shall throw down a Bill or Bills written upon Parchment and Sign'd into the Talley Court whereby a Taller may be duly Levied according to the nature of the Payment And that such Teller his Clerk or Substitute shall not for such Money give a Note importing a Depositum or other private Note or Security to prevent the due charging thereof in the Exchequer as aforesaid upon pain that such Teller who shall offend against this Act by neglecting to receive and duly charge himself with such Money or giving any private Note as aforesaid shall forfeit his Office and be disabled to serve the King in any Office and Forfeit double damages to the King or party damnified and full costs of Suit and every Clerk and substitute of such Tellers who shall offend against this Act by giving any private Note shall for every such offence forfeit double the sum for which such Note was given one moiety to the King the other to the Informer and also be removed from the said Receipt II. After the said 20th of April No Teller shall charge himself by Bill with the receipt of any Moneys in the Exchequer but when the Officers of the Talley Court are there present nor shall any Teller or his substitute throw down into the said Court any Bill purporting the receiving of any Money unless such Teller or his Clerks have actually receiv'd the same except in such cases where Talleys are or shall be Levied by special Warrant of the Lords of the Treasury or Treasurer of the Exchequer or where the person for whom any Talley shall be Levied shall at the same time or on the same day give a Discharge according to the course of the Exchequer upon some Order or Debenture for the Money for which such Bill shall be thrown down upon pain of incurring the like forfeiture of Office and Disability as before mention'd and forfeiting double the sum so unduly charged one moiety to the King the other to the Informer and for Clerks and Substitutes the like penalty as aforesaid III. No Teller his Clerk or Substitute after the Bills thrown down into the Talley Court shall lend pay or by any way whatsoever depart with such Money out of his Office without an Order for the same made forth by the Auditor and Recorded by the Clerk of the Pells and taking a Receipt to discharge the King according to ancient course under the like forfeitures and penalties as for unduly charging any Money before actually received IV. After the said 20 April the Chamberlains or Deputy Chamberlains and such other Officers Clerks and Deputies as belong to the Talley Court shall daily except Sundays and Holidays constantly attend at least from
eight of the Clock to one between Lady-day and Michaelmas and from nine to one between Michaelmas and Lady-day yearly unless they be sick or have leave from the Commissioners of the Treasury or Treasurer or Under-Treasurer of the Exchequer in which case the Room shall be sufficiently supplied as hath been accustomed upon pain to answer and make to the King or party that shall suffer by reason of such Absence double Damages and full Costs V. And the Auditor of the Receipt Writer of Talleys Clerk of the Pells the four Tellers and other Officers of the Receipt shall by themselves or their respectives Deputies in such cases where they may act by Deputy give due and constant attendance in their respective places under the like penalties of double the Damages and full Costs as aforesaid VI. The first Clerk in the Offices of the Auditor of the Receipt the Clerk of the Pells and of the four Tellers shall be sworn for the due just and faithful performance of all matters to be performed by them in the said Offices respectively VII None of the Moneys which are or shall be in the Receipt of the Exchequer shall be thence paid or issued but in pursuance of some sufficient Grant under the Great Seal or by Virtue of some sufficient Authority under the Privy Seal or pursuant to some Act of Parliament VIII A Table or Tables shall be made and set up at the Door of the Auditor of the Receipt shewing how far the Officers there have proceeded in the repayment of Loans upon the credit of Taxes or Revenues and how far the Moneys paid in by the respective Receivers thereof do extend from time to time to discharge Principal and Interest upon the said Taxes c. respectively IX The Auditor of the Receipt shall from time to time for his Lawful Fees duly enter all Letters Patents and Privy Seals for issuing the Kings Treasure and shall draw the Orders for issuing thereof as required by the Lords of the Treasury or Treasurer of the Exchequer and shall keep Entries thereof and Weekly take the Tellers Accounts and make Certificate to the Treasury of all Receipts Issues and Remains of the Kings Money there and make out the Imprest Certificates and transmit the Ordinary Imprest Rolls half-yearly to the Remembrancer and shall half-yearly at Easter and Michaelmas transmit to the Treasury the Declaration of the Receipts Issues and Remains at the Exchequer in such manner as hath been anciently accustomed And the Clerk of the Pells shall from time to time for his Lawful Fees duly Enroll all Letters Patents and Privy Seals for issuing the Kings Treasure and fairly enter all Receipts and Issues at the said Exchequer and take the Tellers Weekly Accounts and certifie to the Treasury Weekly the Receipts Issues and Remains of the Kings Money there and carefully examine the Imprest Certificates and Imprest Rolls and transmit to the Treasury half-yearly Declarations of the Receipts Issues and Remains within the half year and shall in all matters appertaining to his Office carefully observe the ancient course and method And the said Officers their Deputies and Clerks shall be answerable for their Demeaners in their respective Duties as well to the King as to any person who may suffer by any neglect or failure therein X. All Penalties and Forfeitures by this Act shall be recovered by Action of Debt or of the Case Bill Suit or Information in any of the Kings Courts of Record wherein no Essoign c. shall be allowed XI This Act not to lessen or diminish the Lawful Power Order Rule or Government which the Commissioners of the Treasury or Treasurer for the time being have and ought to have in their places and trusts respectively XII This Act not to alter or change any Method of receipts or payments by Bills of Credit in the Exchequer allowed by Parliament XIII All the Money in the said Receipt shall be kept in Chests under three different Locks and three Keys the Tellers to keep one the Clerk of the Pells one and the other shall be kept by the eldest of the two Deputy Chamberlains and no Orders shall be paid the same day they are sent up from the Auditors Office to the Clerk of the Pells except for the Navy Ordnance Forces or for Moneys registred And the Clerk of the Pells and Deputy Chamberlains shall every morning except Sundays and Holidays cause the respective Chests to be opened in their presence and so much Money to be taken out and left with the Tellers as will satisfy the Orders so directed and ready to be satisfied and the rest to be safe Lockt up again and every day see all the Money which was received that day except what shall be paid away to be first weighed in the Bags a Ticket of the Content put into each Bag and so secured in the said Chests And in case Moneys in the said Chests be directed to be issued for the Navy Ordnance c. so that the payments must not be deferred the Clerk of the Pells and Deputy Chamberlains shall go up forthwith to the Tellers Offices and see the Chests opened for that Money and the Publick Service dispatcht and the Chests secured again in manner aforesaid and when the Clerk of the Pells cannot attend his eldest Clerk shall keep his Keys of the said Chests if the Deputy Chamberlain cannot attend his Keys shall be kept by his Fellow and no Money shall be taken out of the said Chests but in presence of the respective Tellers the Clerk of the Pells and Deputy Chamberlain or in case of Sickness or Absence with Leave of their Clerks as aforemention'd XIV After the said 20th of April the Auditor of the Receipt or his chief Clerk shall at least once in 28 days visit every Tellers Cash and by numbering the Bags opening some of them and if he thinks fit by weighing or telling the Money see that the Tellers have in real Money the remains wherewith he charges them and that at least once in three Months he examine the Tellers Vouchers for the payments which he allows them in his Weekly Certificates Excise I. Stat. 8. W. 3. cap. 3. All the Talleys of pro or other Talleys which have been Levied and are charged upon the Hereditary or Temporary Excise or upon the weekly Sums of 6000 l. payable thereout shall be duly paid in course according to their respective Dates and not otherwise without preference unless where Money is reserved for payment of the preceding Talleys and the Interest of the said Talleys shall be paid every three Months out of the said weekly Sums of 6000 l. a Week and all Talleys of pro or other Talleys which have been Levied and are Charged upon the Revenue of the Post-Office or upon the weekly Sum of 600 l. appropriated thereout shall be in like manner duly paid in Course according to their respective Dates without preference as aforesaid and the Interest of the last mentioned Talleys
Session of Parliament unless they shall be sooner Bailed or Discharged by Six of the Privy Council Iuries I. Stat. 8 9 W. 3. cap. 10. It shall be lawful at any time before the 1st of Nov. 1697. for all Sheriffs or Coroners of Counties where Lists have not been Returned pursuant to the Act made the first Sessions of this present Parliament Intituled An Act for the Ease of Jurors and better Regulating of Juries to make Returns of Jurors in all Cases as they might have done before the making of the said Act. And from and after the Feast of S. Michael 1697. all Justices of the Peace are Required and Commanded at their Sessions of the Peace next before the Feast of S. Michael yearly to Issue forth Precepts to the respective Constables within their respective Counties or Divisions requiring them to make such Return of Persons to Serve upon Juries as by the said Act is directed Iudicial Proceedings I. Stat. 9 10 W. 3. cap. 16. The High Court of Chancery Court of Exchequer at Westminster or Court of Great Sessions in the respective Counties in Wales where the Cause or Causes Originally arose may issue forth Execution or Executions and other Processes upon every Judgment or Decree given or made in the Court held before the President and Council of the Marches of Wales before 1 June 1689. as if such Judgment or Decree had been given or made in either of the said Courts of the Exchequer or Grand Sessions II Provided That the said Courts have power to Review Rehear Reverse or Affirm the said Judgments and Decrees Iustices of Peace I. Stat. 8 9 W. 3. cap. 33. The Act made 5 6 W. M. Intituled An Act to Prevent Delays of Proceedings at the Quarter Sessions of the Peace shall be and is continued and made Perpetual II. After the 21st of April 1697. the Party prosecuting any Certiorari to remove an Indictment from the Quarter Sessions may find two sufficient Manucaptors to enter into a Recognizance before any one of the Justices of the Kings Bench in the same Sum and under the same Condition as are required by the former Act whereof mention shall be made on the Back of the Writ under the Hand of the Justice who took the same which shall be as Effectual to stay Proceedings as if taken before a Justice of Peace in the Proper County and it shall be added to the Condition of the Recognizance that the Party Suing out the Certiorari shall appear from day to day in the Court of Kings Bench and not depart till discharged by the said Court London I. STat. 8 9 W. 3. cap. 37. After 10 April 1697. all and every person and persons inhabiting in the Out Parishes of Middlesex and Westminster and Liberties thereof in the Borough of Southwark or in the Streets Lanes or Alleys comprized in the Weekly Bills and in the Town of Kensington shall Weekly on Wednesday and Saturday at the least between the hours of Six and Nine in the Forenoon cause to be swept and cleansed all the Streets Lanes Alleys and publick places before their respective Houses Buildings and Walls as well as of Churches and other publick places that the Dirt and Soil in the Streets may be heaped ready for the Scavenger to carry away upon pain to forfeit 10 s. for every Offence II. If any Conviction upon this Act or that of 2 W. M. Sess 2. cap. 8. shall be by view or knowledge of a Justice of Peace then one half of the penalty shall be to the Poor the other if for default of Pavement towards repairing the same and cleansing the Streets to be paid to the Scavenger otherwise to the relief of the Poor III. Where one side of a Street or Lane lies within the Bills of Mortality and the other side without the Justices of Peace may cause the respective Inhabitants to Pave that other side under the same penalty as if the same had been within the Bills of Mortality IV. The aforementioned Act of 2 W M. and the Clause therein against the Breeding Feeding or Keeping of Swine in the Backsides of the Paved Streets of the said Cities c. shall after 10 April 1697. be effectually put in execution against all persons whatsoever who shall presume to keep any manner of Swine so far as the Contiguous Buildings of the said Streets shall extend or within 50 yards thereof V. Where there is any Liberty Precinct or Vill within the Weekly Bills that uses to repair their own High-ways and also perform days work to other High-ways and are or shall become unable then after the said 10th of April the Justices of Peace at their special Sessions to be held every Four Months may allow so many days work as the said Justices shall think fit to be imployed by the Inhabitants of such Liberty c. in repairing the High-ways within such Liberty c. and the residue of the days Work as such Inhabitants are liable to do shall be imployed in repairing the other High-ways VI. So much of the Ancient High-way leading from Tottenham-Court near St. Giles's Pound towards Tiburn as is now built on both sides thereof shall be hereafter repaired paved and maintained by such persons as have heretofore used to repair pave and maintain the same under the Penalties aforesaid VII Sir Robert Clayton Sir William Ashhurst Sir Richard Onslow Bart. Denzil Onslow Esq Anthony Bowyer Esq Charles Cox Esq John Arnold Esq Samuel Lewyn Esq Thomas Wymondesal Esq William Gulston Esq Francis Wilkinson Esq Thomas Roffey Esq John Riches Esq Sir John Fleet Sir John Parsons Sir James Houblon Sir Rich. Levett Spencer Cooper Esq Joseph Scriven Esq or any 11 of them shall have Power and Authority to treat and agree with the Owners of such Houses on or near the South end of London Bridge as they shall think fit to be removed rebuilt or pulled down or any part of them and upon payment of such Money as shall be agreed on to appoint Workmen to pull down the said Houses or cause the said Owners to rebuild accordingly VIII And this Act shall indempnify the said Commissioners and all persons Authorized by them as if the same had been sold by Deed and done by Fine and Recovery or any other way And if any person or persons shall wilfully refuse to treat and agree as aforesaid or through Nonage or other Disability cannot in such cases the said Commissioners may issue out a Warrant or Warrants to the Sheriffs of London and Surrey to return a Jury before the said Commissioners or any 11 of them which Jury are upon their Oaths to enquire and assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and Occupiers of any such Houses and such Verdict of the Jury and Judgment of the Commissioners thereupon and the Legal payment or tender of the Money so awarded shall be binding against the Parties their Heirs
Executors Administrators and Assigns and all others claiming any Interest in the said Houses or Ground whereon they stand and shall be a full Authority for the said Commissioners or any 11 of them to cause the said Houses to be removed and pulled down IX None shall Act as a Commissioner to the purposes aforesaid till Sworn before the Lord Chancellor or Lord Keeper for the Due and Impartial execution of the Trust reposed in him Malt. I. STat. 9 10. W. 3. cap. 22. Whereas there hath been some doubt whether the Act made 39 Eliz. Intituled An Act to restrain the Excessive making of Malt be now in Force yet nevertheless several Justices of Peace at their Quarter Sessions have made Orders to Restrain Malsters from Buying of Barley for Malting and from Exercising the Imploy of Malting for a year to the lessening his Majesties Revenue by the Duty of 6 d. per Bushel laid on Malt and a Discouragement to Malsters Enacted That the said Act of A. 39 Eliz. be Repealed and all Orders made by Justices of Peace for Restraining Malsters from making of Malt since the said Duty of 6 d. per Bushel was laid on Malt are hereby Vacated Militia I. Stat. 8 9. W. 3. cap. 35. If at any time before 25 Apr. 1698. It shall be found by his Majesty to be necessary for the Defence of this Kingdom to draw out the Militia Soldiers into actual Service and the same shall be signified to the respective Lieutenants Deputy Lieutenants c. It shall be Lawful for the said Lieutenants c. notwithstanding that one or more Months Pay before that time advanced be not reimbursed to raise and draw out the said Soldiers into actual Service and to cause the persons charged to provide each their Soldier with Pay in hand not exceeding one months Pay II. Stat. 9 10. W. 3. cap. 31. If at any time before 24 June 1699. It shall be found necessary by his Majesty for the defence and safety of this Kingdom to draw out into actual Service the Soldiers mentioned and appointed in and by the Act made Anno 13 14 Car. 2. Intituled An Act for Ordering the Forces in the several Counties of this Kingdom and the same shall be declared and signified by his Majesty to the respective Lieutenants or Deputy-Lieutenants and the Warden of the Cinque-ports c. It shall be lawful for the said Lieutenants or their Deputies or any three or more of them and the Warden of the Cinque ports or his Lieutenant in pursuance of such Orders from his Majesty notwithstanding that one or more months Pay before that time advanced be not reimbursed to raise and draw out the said Soldiers into actual Service charged with Pay in hand not exceeding one months Pay III. Papists or reputed Papists and persons refusing to take the Oaths mentioned in the Act 1 W. M. Intituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths chargeable in respect of their Estates to the finding a Horse Horseman and Arms or a Foot Soldier and Arms the Lieutenants or Deputy-Lieutenants of the County or Division where such Estates do lye or three or more of them may appoint such person as they shall think meet to furnish one or more Horsemen or Foot-Soldiers and Arms for the said Estates and may charge the said Estates with 8 l for a Horse Horseman and Arms and 30 s. for every Foot-Soldier and Arms And if the persons so chargeable neglect or refuse to pay the same on demand the said Lieutenants or Deputy-Lieutenants may levy the same by Distress and Sale of Goods of such Papists c. or upon their Tenants and the Arrears for the like Services already performed to be determined by three or more Deputy-Lieutenants rendring the Overplus the charge in levying thereof being first deducted And the Tenants so distrain'd on may deduct the same out of their Rents IV. Where two or more persons are charged to find any Horse or Foot-Soldier and Arms three or more Deputy-Lieutenants of the County or Division may direct who shall find the Horse and Arms or Foot-Soldier and Arms and who shall be the Contributors and settle the Payments by every Contributor if not ascertained by the Parties And such Contributor or his Tenant not paying his proportion upon demand three or more of the Deputy-Lieutenants of the County or Division may levy the same by Distress and Sale of Goods of the person so neglecting or refusing to pay rendring the Overplus the charge in levying being first deducted And the Tenant may deduct the Sum so charged out of the Rent payable to his Landlord Oaths I. STat. 9. W. 3. cap. 3. All persons who since 10 June 1697. or before the said 10 June have bought any Orders or parts of Orders or Talleys and have or shall neglect to take Assignments and Register the same and to make an Oath thereupon concerning the Praemium or Allowance within the 10 days limited by the Act Ann. 8 9 W. 3. Intituled An Act for making good the Deficiencies of several Funds therein mentioned and for enlarging the Capital Stock of the Bank of England and for Raising the Publick Credit and their Executors Administrators Successors and Assigns shall have liberty for the doing thereof till 10 June 1698. And the Officers Impowered by the said former Act to Administer the said Oaths within the times thereby limited are to Administer the like Oaths within the times by this Act appointed II. Where Orders of Loan or Talleys were actually bought before 10 June 1697. and Oath there of shall be made by 10 June 1698. before the persons appointed by the said former Act for Administring the other Oaths concerning the Praemium or Allowance the persons claiming such Orders or Talleys by Assignments not Registred or by Indorsements only shall not be obliged to take the said other Oath concerning the Praemium And where the respective Oath shall be duly made pursuant to this Act touching such Orders or Talleys as aforesaid the Assignment thereof shall be as effectual as if the Oath had been made within the time limited by the said former Act. III. After 10 Jan. 1697. The Officers of the Exchequer may upon request of the persons Intituled to Orders and Talleys of Loan take in and cancel so many of the said Orders as follow successively in number and course and are of the same date and payable to one and the same person or Corporation and whereof the Interest has been paid to one and the same time together with the Talleys belonging to such Orders and to give them as few Orders and Talleys in lieu thereof and of the same value and course of payment as shall be desired no one such new Order containing above 5000 l. Upon which new Orders shall be Indorsed how far the Interest hath been satisfied and to whom last Assigned Which said new Orders and Talleys shall be valid to all intents and
purposes and the principal Moneys thereupon payable in Course and the Interest every three months as if the former Orders were not cancelled IV. The Governour and Company of the Bank of England shall not be obliged to make Dividends of the Moneys received by them by virtue of the Talleys and Orders which have been subscribed into the Capital Stock of the said Bank since the enlarging thereof once in every four months but after 25 Mar. 1698. shall make such Dividends once in every six Kalendary Months at the least unto the Members of the said Corporation according to their respective Shares and Interests in the said Capital Stock Partitions I. STat. 8 9 W. 3. cap. 31. From and after the first day of May 1697 after Process of Pone or Attachment return'd upon a Writ of Partition and Affidavit made of due notice given of the said Writ of Partition to the Tenant or Tenants to the Action and a Copy thereof left with the Occupier or in the Tenants absence to the Wife Son or Daughter of the Age of 21 of the Tenant in Possession of the Manors Lands c. whereof the Partition is to be unless the Tenant in Possession be Demandant in the Action at least 40 days before the return of the Pone or Attachment if there be no Appearance entred in 15 days after the return in the Court where such Writs are returnable then the Demandant having entred his Declaration the Court may proceed to examine the Demandants Right and Part and according as they shall find the same to be they shall for so much give Judgment by Default and award a Writ to make Partition which Writ being executed after 8 days notice to the Occupier and return'd and thereupon final Judgment entred the same shall be good and conclude all persons whatsoever although all persons concerned are not named in the Proceedings nor the Title of the Tenants truly set forth II. Provided that if any person concerned against whose Right such Judgment by default is given shall within one year after or in case of Infancy Coverture Non Sanae Memoriae or absence Beyond-Seas within one year after such Inability removed move the Court where such Judgment is entred and shew good matter in Bar of such Partition then the Court may suspend or set aside such Judgment and admit the Tenant to appear and plead and the Cause shall proceed as if no such Judgment had been given and if the Court shall adjudge for the first Demandant then the first Judgment shall stand confirm'd and the person so appealing shall pay Costs or if within such time the persons concerned shall shew to the Court an inequality in the Partition the Court may award a new Partition to be made in presence of all Parties concerned if they will appear which second Partition return'd and filed shall be good and firm against all persons except as before for ever III. No Plea in Abatement shall be admitted in any Suit for Partition nor shall the same abate by reason of the Death of any Tenant IV. When the High Sheriff cannot conveniently be present at the Execution of any Judgment in Partition the Under-Sheriff in presence of two Justices of Peace of the County may proceed to the Execution of the same by Inquisition in due Form of Law and the High Sheriff shall make the same Return as if he were personally present After Partition made return'd and filed the Under-Tenants shall continue in their Tenancies as before they were divided and set out to the respective Landlords under the same Rents and Covenants c. so also where any Demandant is Tenant in actual Possession to the Tenant to the Action for his part and proportion or any part thereof V. The respective Sheriffs Under-Sheriffs and Deputies and Justices of Peace in case of Disability in the High-Sheriff shall give due attendance to the Executing of such Writ of Possession or every of them to pay the Demandant Costs and Damages not exceeding Five pounds for Which the Demandant may bring his Action in any of the Kings Courts at Westminster wherein no Essoin c. In case the Demandant shall not pay the Sheriffs c. such Fees as they demand the Court shall award what each person shall receive VI. This Act to continue for seven years and from thence to the end of the next Session of Parliament Poor I. Stat. 8 9 W. 3. cap. 30. If any person who after the First Day of May 1697. shall come to any Parish or other Place to Inhabit shall at the same time deliver to any of the Church Wardens or Overseers of the Poor of the Place where he comes a Certificate under the Hands and Seals of the Church-wardens or Overseers of the Poor of any other Parish or Place Attested by Two or more Witnesses thereby owning the Person mentioned in the Certificate to be an Inhabitant legally Settled in that Parish or Place such Certificate having been Allowed and Subscribed by Two Justices of Peace of the County City or Borough from whence it comes shall oblige the said Parish or Place to receive and provide for the person mentioned in the Certificate with his Family as Inhabitants whenever the party shall happen to become Chargeable to the place to which such Certificate was given and then and not before it shall be Lawful for such Person and his Children though Born in that Parish not having otherwise Acquired a Legal Settlement to be removed to the place from whence such Certificate was brought II. After 1 September 1697. every such person as shall receive Relief of any Parish or Place and the Wife and Children cohabiting in the same House except such Child as shall be permitted to live at home to attend some helpless Parent shall upon the Right Shoulder of their upper Garment in a visible manner wear a large Roman P with the first Letter of the Name of the Parish or Place where the said person Inhabits cut in Red or Blue Cloath as the Church-wardens or Overseers shall appoint The Poor person neglecting or refusing to wear such Badge or Mark may be punish'd by any Justice of Peace of the County either by ordering his or her Relief on the Collection to be abridged or withdrawn or by Committing the party to the House of Correction not exceeding 21 Days and if any Church-warden or Overseer of the Poor after the said 1 Septemb. shall relieve any such Poor person not wearing such Badge he being Convicted by one Witness before a Justice of Peace shall Forfeit for every such Offence 20 s. to be Levied by Distress and Sale of Goods one Moiety to the use of the Informer the other to the Poor of the Parish III. Justices of Peace at their Quarter Sessions upon any Appeal concerning the Settlement of any Poor person or upon Proof of notice given of an Appeal though the Appeal was not afterwards Prosecuted shall Award to the party for whom such
the Parish of St. Giles in Colchester XV. Provided That all Goods c. unloaden out of any Ship or Vessel at Wivenhoe and not brought to Colchester or within the Liberties thereof or Laden at Wivenhoe and not first Carried from or through Colchester or the Liberties thereof shall not be liable to the said Duties Oath being made thereof if required before such Collector or any Custom-house Officer XVI The said Mayor and Commonalty by Indenture under their Common Seal with consent of the Commissioners may engage the Profits arising as aforesaid for any Term not exceeding 21 Years to any persons that will upon such Security advance Money for Carrying on the said Work for securing the Repayment thereof with Interest not exceeding 6 per Cent. XVII Provided That if before the end of 21 Years sufficient Moneys shall be raised for the purposes aforesaid and so adjudged by the Commissioners that then after Repayment of the Money so borrowed with Interest the said Duties shall cease XVIII Provided That upon Dispute touching the Weight and Quantity of the Goods liable to the said Duties the Collector may weigh the same and if they prove more than the Collector did insist upon the Owner shall bear the charges of weighing XIX If any persons be proseeuted for Acting in pursuance of this Act they may plead the General Issue and give this Act and the Special Matter in Evidence And if the Prosecutor be Nonsuit or Discontinue or a Verdict or Judgment pass against him the Defendant shall recover Costs XX. Provided That if a New Cut be made through the said Earl of Kents Land called Gravel-Pit-Land it shall be at the Election of the said Earl to have the Value of the Land so severed or to keep the same And if the said Earl shall within Twelve Months after such severance signifie his Election to keep the same the Right thereof shall be Vested in the said Earl and the said Mayor and Commonalty c. shall make a Wall and Bank cross the present Old Chanel at both ends thereof which said Old Chanel shall also be Vested in the said Earl XXI Provided That this Act take not away any Persons Right of Fishing in the said River Salt I. Stat. 9 10 W. 3. cap. 6. After 25 Mar. 1698. No Badger Retailer or other person making or dealing in Salt or buying Salt to sell again shall sell or dispose of any Salt in England or Wales and Town of Berwick otherwise than by Weight after the Rate of 56 Pound Weight to the Bushel and not by measure or any other manner upon Forfeiture of Five Pounds to the Informer who shall prosecute for the same II. The Forfeitures and Offences against this Act shall be determined by any two or more Justices of Peace residing near the place where such Offence was committed But persons agrieved may appeal to the Justices at the next General Quarter Sessions whose Judgment therein shall be final III. All Justices of Peace upon complaint of Offences contrary to this Act are to Summon the Party accused and upon proof of the Matter of Fact by Oath of two or more Witnesses or Confession of the Party to give Judgment and issue out Warrants for Levying such Forfeitures on the Goods and Chattels of the Offender to be sold if not redeemed in six days rendring the Overplus and for want of Distress to Imprison the Offender till satisfaction be made IV. When any Salt shall be Entred to be put on Board any Boat Ship or Vessel or carried by Land and the Duty paid or secured together with all Moneys then or before due and payable by Bond or otherwise on Account of Salt delivered the proper Officer shall upon due Notice by himself or Deputy in the Day time between Sun-rising and Sun-setting attend the Weighing out such Salt without loss of time to the persons that shall Ship off or carry the same upon Forfeiture of 40 s. to be recovered as other Penalties in this Act are directed Seamen I. Stat. 8 9. W. 3. cap. 23. All such persons who by virtue of the Act made the last Session of this Parliament For the Increase and Incouragement of Seamen 7 8. W. 3. cap. 21. are Intituled to the Provisions and Advantages in the Hospital in the said Act mentioned and out of the Revenues thereof shall from time to time be placed in the said Hospital upon Certificates to be produced as by the said Act is directed in succession as the person registred shall be in Course and Order of time upon the Registry Book and the Widows and Children of the persons longest registred before others II. Every Seaman or Mariner who have Liberty and shall be willing to register themselves as by the said Act directed after the 10th of April next bringing such Certificate as the said Act directs under the hand of any one Justice of Peace of the County where he lives may and shall be registred and himself Wife Widow and Children be Intituled to all Advantages given by the said Act as if the Certificate were under the hands of two Justices according to the said Act. The Justice or Justices giving such Certificate are required diligently to enquire into the truth of the same and if occasion be to examine the party upon Oath and if any fraud or deceit appears to certify the Admiralty thereof III. Any persons already registred or who shall hereafter be registred and who then were or shall after be raised to the degree of a Masters Mate in any of the Kings Ships their Wives Widows and Children are declared and enabled to enjoy all and every the Benefits and Advantages given to any other person so registred by the said recited Act. IV. After the said 10th of April all Seamen above the Age of 50 years and who shall appear by the Books of the Navy Office to have served on Board any of the Kings Ships for seven years last past without wilful Disserting shall upon producing Certificates as aforesaid under the hands of one or more Justices of Peace be registred and have and enjoy the several Privileges in the said Act mentioned V. Provided that after the 10th day of April 1699. No Seaman above the Age of 50 years shall be admitted to register himself without giving such Reasons for his omitting to do it during the time of such Service on Board as shall be approved by the Admiralty or Navy or by the persons appointed for keeping the said Register VI. It shall be Lawful for the Commissioners appointed for Registring Seamen by Warrant under their Hands and Seals to cause all Masters and Commanders of Ships not in his Majesties Service to appear before them and discover upon Oath the Number Rates Salaries Wages and Times of Service of all and every persons or person serving in such Ships or Vessels and which by the foresaid Act are obliged to pay 6 d. per mensem out of their Salaries and Wages And if any
such Master or Commander shall upon Summons refuse to appear or to give a full discovery of the matter aforesaid upon Oath every such Offender shall forfeit the Sum of 10 l. to the uses mentioned in the said Act to be recovered by Action of Debt c. in any of the Kings Courts at Westminster with full Costs Provided such Masters be no Quakers VII Every Master being a Quaker may be examined before the said Commissioners three or more of them by their solemn Affirmation and Declaration instead of their Oath as is directed by the Act 7 8. w. 3. cap. 34. and such Quakers refusing to appear or Answer as aforesaid shall be liable to the said penalties and forfeitures before mention'd for refusing to Answer upon Oath VIII Whatever person or persons so registred as aforesaid shall after the 10th of April next directly or indirectly lend or dispose of his or their Certificate of being registred according to the foresaid Statute to any Waterman Seaman Fisherman Lighterman Keel-man Bargeman or Sea-faring Man whereby to keep such persons from being Impressed into his Majesties Service such Offenders shall be struck out of the Register and lose the benefit of the foresaid Act and be Compell'd to Serve in his Majesties Service Six Months without any pay And every person borrowing or taking for themselves or other persons such Certificates or using the same for the purposes aforesaid shall suffer the like penalties and to the same uses as are provided by the said Act against such as vouch falsly persons to be Landmen who are Seamen or shall be compelled to serve the King at Sea for six Months without any Pay or Wages IX Such Certificates as aforesaid under the Hand and Seal of any one Mayor Deputy Mayor Bayliff or Deputy Bayliff within the Jurisdiction of the Cinque-Ports shall be sufficient where no Justice of Peace shall be residing within three Miles of any Cinque-Port or Town or Member thereof on the Coast of Kent and Sussex Ships and Shipping I. Stat. 9 10. W. 3. cap. 36. Enacted That 2000 Acres part of the Wast Lands of the New Forest in the County of Southampton shall be inclosed and kept in severalty for the Growth and Preservation of Timber for supply of his Majesties Navy Royal. The King his Heirs and Successors may Inclose and Improve within and out of the Wast Lands of the said New Forest the whole Containing by Estimation 85454 Acres the quantity of 2000 Acres Statute measure to be set out by his Majesties Commission directed to six or more persons whereof two to be Justices of the Peace for Hampshire not being Officers of the said Forest out of such part of the said Forest as shall be found by three or more of the Commissioners most convenient to be Inclosed and most apt to produce Wood and Timber and may be best spared from the Commoners and High-ways whereof One thousand shall be forthwith Admeasured Set out Inclosed Butted and Bounded and the Quantities Buts and Boundaries returned into the Exchequer to remain on Record and the remaining One thousand Acres immediately after the first Session of Parliament which shall be held after the year 1699. shall in like manner be Admeasured Inclosed and the Boundaries returned into the Exchequer There may also be Inclosed 200 Acres more of the Wast in the said Forest yearly for 20 years after the several Inclosures of the said 2000 Acres shall be compleated The said Inclosures to remain in severalty in the actual possession of the Crown for ever clear from all manner of Right Title or Pretence and shall be kept a Nursery for Wood and Timber only II. Any Six of the said Commissioners with one of the Purveyors of the Navy shall set out so many decayed Trees not being Ship Timber as shall be necessary to make the said Inclosure III. When the Commissioners of the Treasury the Lord Treasurer or Chancellor of the Exchequer shall be satisfied that the Woods and Trees growing on the said 2000 Acres or any part thereof are out of danger of Brousing of Deer Cattle or other prejudice and shall thereupon lay the same open then the King his Heirs and Successors may inclose out of the said Forest in lieu of so much so laid open the like quantity out of any other part of the said Wastes to be set out by like Commission and Admeasurement as aforesaid free of all Herbage Pannage or other Rights while inclosed to be a Nursery for Timber as aforesaid instead of so much as shall be laid open And when any Wood or Timber is to be felled in any part of the said Forest two or more of the Verderers and four or more of the Regarders of the said Forest shall have notice thereof and shall not be felled till first viewed and allowed to be felled by a Commissioner or Officer of the Navy Nor shall any Coppice Woods be cut till the Surveyor of the Woods or such Officer or Purveyor of the Navy shall have marked with a Broad-Arrow and Crown such Trees as are fit to be reserved for Timber and shall certifie to the Lord Treasurer or Commissioners of the Treasury the Names of the places and number of Trees so viewed and allowed to be felled and so marked to be preserved for the use of the Navy And if any persons shall fell any such Wood or Trees before view and Allowance or cut down any of the said marked Trees without good Warrant they shall forfeit for every Tree so felled 50 l. one Moiety to the King the other to them that will sue for the same IV. The said Inclosures shall not be plowed or sowed with Corn or fed with Cattle or kept for Underwood but in such manner as shall be fit for raising Timber for the Navy V. If any Forester Keeper or Under-Keeper or other Officer or person or any by their direction shall Top Lop or Browse any Oak or Beech-tree in the said Forest such Officer for every such Offence shall forfeit 10 l. and be incapable of any such Office Nor shall any Collier Keeper or Under-Keeper make or suffer any Coal-Fires for making Charcoal within the said Forest as being contrary to Law except in the Wast Ground of the said Forest particularly appointed and not within 1000 Paces of any Inclosure to be made by this Act Nor shall such Coal-Fires be fenced with Bushes but with Heath or Furze only but every Collier making such Coal-Fires and every Officer permitting them shall forfeit for every Offence 100 l. And the said Under-Keeper or Foresters shall also forfeit 20 l. for every neglect in not making the Drifts of the said Forest as directed by the Statute 32 H. 8. VI. All persons who shall break down any of the said Inclosures for raising Nurseries of Wood and Timber which Inclosures are to be kept up 20 years at least from their making or shall burn Heath or Fern or destroy any of the Covert or steal any
of the Wood shall at the next Attachment or Swain-mote Court be presented And upon proof thereof made two or more of the Verderers shall Fine such persons for every such Offence not exceeding 5 l. and send the Party to Goal for three Months or till payment of the Fine to the High or Under-Steward of the said Forest one Moiety to the Informer the other to be accounted for as his Majesty shall think fit VII All Persons punished by this Act shall not be punished by any other Law for the same Offence VIII This Act shall not alter the Forest Laws except as before mentioned IX All persons having any Right of Common of Pasture or Pannage or any Privileges within the said Forest shall enjoy their Right of Pannage between 14 Sept. and 11 Nov. after Michaelmas 1716. and not before on forfeiture of any Hogg Pigg or Swine that after Michaelmas next and before the time aforesaid shall be found in the Wastes of the said Forest And their Common of Pasture is continued to them in the said Wast Ground of the Forest when not Inclosed except in the Fence month viz. 15 days before and after Midsummer and in the Winter Heyning viz. from 11 Nov. to 23 Apr. subject to the Forest Laws as they might have enjoyed the same before the making of this Act Saving also to the adjacent Inhabitants their ancient right of Fuel provided they do not sell or dispose of any part thereof nor take the same in other manner than they ought nor by reason of any Claim not allowed according to the Forest Laws before 27 Eliz. X. If any persons take any Grant of the said Inclosures or Wastes or any Woods or Trees growing thereon every such Grant shall be void and the persons incapable to hold the same and shall forfeit treble the Value of such Grant to them which shall first sue for the same and shall also be incapable of holding any Office or Imployment whatsoever XI When any Sale of Wood shall be within the Forest publick notice thereof shall be given by the proper Officers in the adjacent Market Towns three weeks at least before such Sale and the proper Officers shall before the Sale give notice to two or more of the Verderers of the Valuation made and the person who shall offer most Money over and above the Valuation making his Proposal in Writing and giving Security for payment of the Money shall be the Purchaser XII No Officer shall take any Fee or Gratuity for Felling Trees to be cut down for the Inclosures or upon Sale of the residue of such Trees or of the Lops Tops or Roots of the said Trees XIII Any Officer offending in cutting down and disposing of Trees contrary to this Act shall forfeit his Office XIV Stat. 9 10 W. 3. cap. 37. The Sum of 570000 l. having been appropriated for the Building and for the Guns Rigging and Furnishing of 27 Ships of War out of one third part of the Moneys arising by an Act made 2 W. M. Intituled An Act for Granting to their Majesties several Additional Duties of Excise upon Beer Ale and other Liquors for Four years from the time that an Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of One Year doth expire and by a preceding Act therein mentioned which Additional Duties were by several Clauses in an Act 3 4 W. M. Intituled An Act for Raising Money by a Poll payable Quarterly for one year for the carrying on a Vigorous War against France continued till 17 May 1697. for the Uses directed by the former Act And the said 27 Ships having been built and furnished except one Third Rate now building at Chatham and the Moneys appropriated being sufficient with an Overplus so much of the said Overplus as shall remain in the hands of the Treasurers of the Navy shall be applyed to the use of his Majesties Navy and so much as shall remain in the hands of the Treasurer or Paymaster of the Office of the Ordnance shall be applied to the Service of that Office relating to the Navy and the said Treasurers shall be accountable for the same accordingly And all such Stores bought for the said Ships as shall be more than necessary for that purpose shall be applied to the Service of his Majesties Navy and Ordnance and the proper Officers shall be accountable for the same I. Stat. 8 9 w. 3. cap. 13. The Act made 4 5 W. M. Intituled An Act for Punishing Officers and Soldiers who shall Mutiny or Desert their Majesties Service and for Punishing False Musters and for Payment of Quarters shall continue in Force from 10 Apr. 1697. to 10 Apr. 1698. and no longer II. And the Act made in the Fifth and Sixth years of King William and Queen Mary Intituled An Act for continuing the Act for punishing Officers and Soldiers who shall Mutiny or Desert their Majesties Service and for punishing False Musters and for payment of Quarters for one Year longer shall continue in Force from the said 10 April 1697. to 10 Apr. 1698. and no longer III. And the Act made in the Sixth and Seventh Years of the Reign of his present Majesty King William Intituled An Act for continuing two former Acts for punishing Officers and Soldiers who shall Mutiny or Desert his Majesties Service and for punishing false Musters and for payment of Quarters for one Year longer And also an Act made in the 7th and 8th Years of his said Majesties Reign Intituled An Act for continuing several former Acts for punishing Officers and Soldiers who shall Mutiny or Desert his Majesties Service and for punishing False Musters and for payment of Quarters for one Year longer shall continue in force from 10 Apr. 1697. to 10 Apr 1698. and no longer IV. Every Officer Commanding in Chief shall within twenty four hours after his coming into Quarters make publication by Sound of Trumpet or Beat of Drum in the Market-place or other Publick place how much shall be allowed every Soldier to be trusted above his Allowance for Diet Hay and Straw and how that no Shop-keeper shall trust any private Soldier for Goods without leave in Writing from the Officer commanding in Chief on pain of Forfeiting the Sum so intrusted And the Officer commanding in Chief omitting to make such Publications to be liable to pay the Debts so contracted V. One or more Justices of the Peace shall upon Complaint regulate the Quartering and Billetting of Soldiers VI. From 10 Apr. 1697 No Innholder Victualler or other Person shall be obliged to provide Meat or other Victuals for any Soldiers legally Quarter'd on them except in their March only if they shall give or tender to each Horseman 6 d per diem for his subsistance in Meat only and to every Dragoon and Foot Soldier 4 d. per diem for the same besides Candle and the Use of his Fire for dressing his Meat VII Provided
that each Innholder Victualler or other person shall furnish for every Soldier lawfully Quarter'd on them Lodging Small Beer and Candle with the use of Fire to dress his Meat by and Hay and Straw for their Horses after the rates following viz. for Small Beer Fire Candle and Hay and Straw for a Light Horseman and his Horse 6 d. per diem and the like for a Dragoon at 5 d. per diem VIII The Officers and Soldiers of the Marine Regiments being in his Majesties Service in the Army shall be subject to all the Powers and Punishments mentioned in this Act. IX Stat. 9 10 W. 3. cap. 20. Enacted That Francis Colenbine and Ventris Colenbine Sons of Col. Ventris Colenbine and Barbara his Wife Robert Wroth Son of Lieut. Col. Wroth and Knightley his Wife John Gysbert Farwell an Infant Son of Lieut. Col. John Farwell and Elizabeth his Wife Thomas Vthwat Son of Richard Vthwat and Martha his Wife and all other persons who since 13 Febr. 1688. or at any time since the beginning of the late War with France and before 25 Mar. 1698. were Born out of his Majesties Dominions and whose Fathers or Mothers were Natural Born Subjects of this Realm and were then actually in the Service of his Majesty or of his Majesty and the late Queen are declared to be Natural Born Subjects of this Kingdom as if they had been Born in England X. And that they shall be able to challenge and enjoy any Lands Tenements and Hereditaments and all other Privileges of Natural Born Subjects and to make their Resort or Pedigree as Heir to their Ancestors Lineal or Collateral And to have and enjoy Lands Tenements and Hereditaments by Purchase or Gift and to prosecute all manner of Actions and things as freely as if they had been Born in England XI Provided that no person expresly named in this Act shall have benefit thereby if in 5 years after the Age of 14 Years they neglect to Receive the Sacrament and take the Oaths appointed Ann. 1. W. M. in some of the Courts of Record at Westminster XII Provided also That no person intended to be Naturalized by general Words shall have Benefit thereby if in 5 years after the Age of 14 years they neglect to Receive the Sacrament and take the Oaths aforesaid and make proof of their being Born out of the Realm within the times before-mentioned and that their Father or Mother was a Natural Born Subject and actually in the Kings or King and Queens Service at their Birth XIII Any person expresly named in this Act may during the said 5 years after the Age of 14 Years make proof upon Oath in any the Courts of Record at Westminster that such Person did Receive the Sacrament and take the said Oaths And any persons intended to be Naturalized by the general Words may likewise during the said 5 years after the Age of 14 years make like proof in such Court as well of their Receiving the Sacrament and taking the Oaths as of their being Born within the times limited of a Father or Mother that was a Natural Born Subject and then in the Kings Service All which Proofs being made to the satisfaction of the said Court shall be there Recorded and a Certificate thereof given under the Seal of the said Court upon shewing whereof every such person shall have the full Benefit of this Law Squibs I. Stat. 9 10. W. 3. cap. 7. After 25 Mar. 1698. No persons of what Age Sex Degree or Quality soever shall Make Sell or Utter or expose to Sale any Squibs Rockets Serpents or other Fireworks or any Cases Molds or other Implements for the making of such Fire-works or permit any such Fireworks to be thrown or fired out of or in their Houses or Lodgings or any part or place thereto adjoyning into any publick Street High-way Road or Passage nor throw or fire or be aiding in the throwing or firing of any such Fireworks in or into any publick Street House Shop River High-way Road or Passage but every such Offence shall be adjudged a Common Nusance II. After the said 25 Mar. Any person as aforesaid who shall make give sell or utter or expose to sale any Squibs Rockets Serpents or other Fireworks or any Cases Molds or other Implements for making thereof and be convicted thereof before one or more Justices of the Peace of the County or Division or chief Magistrate of the place where such offence shall be committed by Confession of the Party or Oath of two Witnesses shall for every such offence forfeit 5 l. And any persons whatsoever who after the said 25 Mar. shall permit or suffer any such Fireworks to be thrown or fired from out of or in their Houses Shops Dwellings Lodgings or Habitations or any part or place thereto belonging into any publick Street High-way Road or Passage or any other House or Place whatsoever and shall be convicted thereof as aforesaid shall for every such offence forfeit 20 s. the said several forfeitures to be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant of the said Justices or Chief Magistrate one half to the use of the Poor of the Parish and the other to the Prosecutor III. After the said 25 Mar. Any persons as aforesaid who shall throw or fire or assist in the throwing or firing any such Fireworks in or into any publick Street House Shop River High-way Road or Passage and be thereof convicted as aforesaid shall for every such offence forfeit 20 s. to the uses aforesaid and pay the same immediately to the said Justices of chief Magistrate or be sent to the House of Correction there to be kept to hard Labour for any time not exceeding one Month unless such Offender sooner pay such Forfeiture IV The Master Lieutenant or Commissioners of the Ordnance or any other persons by them Authorized may give Orders for the making any sorts of Fireworks to be used and fired according to the Orders and Directions of the said Master Lieutenant or Commissioners of the Ordnance or other persons by them Authorized for that purpose V. The Artillery Company of the City of London or any other Artillery Company or Society of persons Lawfully met together for the use and exercise of Arms the Trained Bands and Militia of the Kingdom may make and use any sorts of Fireworks in the Exercise of Arms and Warlike Exploits only as they might Lawfully have done before the making of this Act. VI. Persons sued for putting this Act in Execution may plead the general Issue and give the special matter in Evidence And if the Plaintiff be Nonsuit or Discontinue or a Verdict pass or Judgment be given for the Defendant such Defendant shall have his full treble Costs Stores of War I. Stat. 9 10 W. 3. cap. 41. For preventing the Imbezlement of his Majesties Stores of War c. It is Enacted That after 24 June 1698. none but the Contractors
with the Principal Officers or Commissioners of the Navy Ordnance or Victualling Office for his Majesties use shall make any Stores of War or Naval Stores with the Marks usually used to his Majesties said Stores viz. Cordage of three Inches and upwards with a white Thread laid the contrary way smaller Cordage from three Inches downwards with a Twine in lieu of a White Thread laid the contrary way Canvis wrought or unwrought with a blue streak in the middle or any other Stores with the Broad Arrow by Stamp Brand or otherwise upon pain that every such person not being a Contractor as aforesaid or Imployed by such Contractor shall for every such Offence forfeit such Goods and 200 l. with Costs of Suit one moiety to the King the other to the Informer to be Recovered in any the Courts of Record at Westminster II. Persons in whose Custody such Stores so Marked shall be found not Imployed as aforesaid or who shall conceal such stores so marked and be convicted thereof shall forfeit such Goods and 200 l. with Costs of Suit one moiety to his Majesty and the other to the Informer and suffer Imprisonment till payment thereof unless such person upon his Tryal produce a Certificate under the hand of three or more of the Commissioners of the Navy Ordnance or Victuallers particularizing the Goods in question and the reason of such Goods coming into such persons hands III. Whereas divers persons have personated Seamen who have served on Board his Majesties Ships and thereby fraudulently received Moneys at the Pay Office or elsewhere and have Forged Letters of Attorney or Bills of Sale Assignment or Last Wills and have personated the Wives Relations or Creditors of such Seamen and taken Letters of Administration to them or Forged Letters of Attorney Bills of Sale or other Authorities in the Names of their Executors or Administrators for receipt of the Wages due to such Seamen It is Enacted That the Persons their Aiders or Abettors that shall be convicted of the said Crimes and Offences committed after 24 Jun. 1698. shall besides all other penalties forfeit 200 l. with costs of Suit one moiety to the King the other to the Informer to be recovered as aforesaid and suffer Imprisonment till payment thereof IV. The said principal Officers or Commissioners may sell and dispose of any the said Stores so marked as they might have done before the making of this Act and the Buyers may quietly keep and enjoy the same upon producing a Certificate under the Hand and Seal of three or more of the said Principal Officers or Commissioners that they bought such Goods from them or from some person who bought them from the said Officers or Commissioners before such Stores were found in their Custody Which Certificate shall express the quantities of such Stores and when and where bought of the said Commissioners Which Commissioners are to give such Certificates within 30 days after the sale and delivery of such Stores so sold V. Persons sued for discovering or seizing any such Stores so marked may plead the general Issue and give this Act and the special matter in Evidence And if the Defendants prove the Stores were so Marked and the Plaintiffs do not prove they were so Imployed or had such Certificate before such discovery and seizure and shewed it to the Defendants before such Suit commenced the Defendants shall be acquitted unless upon sight of such Certificate they did not deliver back to the Plaintiffs such Stores so seized in good Condition And upon such acquitting or that the Plaintiffs discontinue or be Nonsuit the Defendants shall recover Treble Costs VI. After the said 24 Jun. No Seamans Will contain'd in the same Instrument with a Warrant or Letter of Attorney shall be good in Law VII No Ecclesiastical Court or any person shall take more than 1 s. for the Seal Writing or Suing forth any Administration granted to the Wife or Children of any Seaman dying in pay of his Majesties Navy unless such Seamans Goods and Chattels amount to 20 l. The persons offending to forfeit to the Party grieved 10 l. VIII The principal Officers and Commissioners of the Navy or any chief Commander of any his Majesties Ships at Sea may Lend any of his Majesties Stores to any Merchant Ship or Vessel in Distress or otherwise in case such Goods be restored with all possible Conveniency and provided the persons Borrowing the same have such Certificate as aforesaid which the Lenders are hereby required to give Suits I. Stat. 8 9 W. 3. cap. 11. After 25 of March 1697. where several persons shall be made Defendants to any Action of Trespass Assault false Imprisonment or Ejectione Firmae and any one or more shall upon Tryal be Acquitted by Verdict every person so Acquitted shall Recover his Costs of Suit unless the Judge shall immediately after the Tryal in open Court certifie upon the Record that there was a reasonable Cause for making such person or persons a Defendant or Defendants to such Action II. After the said 25 of March if any person shall Commence in any Court of Record any Action or Suit wherein upon Demurrer Judgment shall be given against the Plaintiff or Defendant or if at any time after Judgment given for the Defendant the Plaintiff shall Sue a Writ of Error and the said Judgment shall be affirmed or the said Writ discontinued or the Plaintiff Nonsuit therein the Defendant shall have Judgment to Recover his Costs against such Plaintiff and Execution by Capias ad satisfaciendum Fieri facias or Elegit III. After the said 25 of March in all Actions of Waste and Debt upon the Statute for not setting forth of Tithes where the Damage found by the Jury shall not exceed Twenty Nobles and in all Suits upon Writs of Scire facias and upon Prohibitions the Plaintiff obtaining Judgment or Award of Execution after Plea Pleaded or Demurrer joyn'd therein shall likewise Recover his Costs of Suit and if the Plaintiff become Nonsuit or Discontinue or a Verdict pass against him the Defendant shall have Costs and Execution for the same IV. In all Actions of Trespass Commenced after the said 25 of March in any Court of Record at Westminster where it shall appear at the Tryal and be certified by the Judge on the back of the Record that the Trespass was wilful and malicious the Plaintiff shall Recover not only his Damages but his full Costs of Suit V. Provided nothing herein contain'd shall alter the Laws in being as to Executors and Administrators in such Cases where they are not at present liable to pay Costs of Suit VI. In all Actions commenced in any Court of Record after the said 25 of March if the Plaintiff dye after an Interlocutory Judgment and before a final Judgment the said Action shall not abate if the said Action might be originally prosecuted by his Executors or Administrators and if the Defendant die after such Interlocutory Judgment and before Final Judgment
their Accounts Servants or Journeymen making Default of payment their Masters and Mistresses are to be Chargeable therewith and to deduct the same out of their Wages And Tenants to pay the Rates on the Houses Lands Tenements and Hereditaments which they hold and to deduct the same out of the Rents XXVI All persons Taxable for Wages Ready Money or Debts are to be Assessed where Resident at the time of Execution of this Act Annuities Stipends or yearly payments at the Exchequer or out of any Branch of the Revenue to be Assessed where payable And all other Pensions or yearly payments not Charged on Land are to be Assessed where the persons Intituled thereto do Reside XXVII And all Offices Imployments and Professions are to be Rated where they are Exercised And all persons not being Housholders are to be Taxed at the place where they Reside at the time of Executing the Act. XXVIII The Rates on Pensions Salaries or other Allowances or Profits payable at the Exchequer or by the Cofferer or out of any other publick Office or by any of his Majesties Receivers or Paymasters are in case of Non-payment to be stopt out of the same XXIX Stock in Trade and Quick Stock upon Land is to be Rated in such County or Place where it is at the time of the Execution of the Act And all persons having any such Stock in their Custody for the use of others are to pay for the same and to be allowed it upon their Accounts or be satisfied out of the Goods XXX Persons out of the Realm Taxable by this Act are to be Assessed in the place of their last Abode in the Realm And persons Ratable for any Lands Tenements or Hereditaments are to be Assessed in the places where the Premisses lye and not elsewhere XXXI A Proviso That any person who in respect of several Places of Residence is doubly Charged shall upon Certificate by two or more Commissioners and Oath thereof before one Justice of Peace where the Certificate is made be Discharged for so much XXXII All persons who by changing their Residence or by shifting their Goods or Stock or altering the Securities of Money or by other Frauds shall escape being fully Taxed shall upon proof thereof be doubly Charged XXXIII All Housholders shall give an Account of their Lodgers and Servants and their full Wages respectively under the Penalty of 5 l. XXXIV The Officers of the Exchequer and other Publick Officers are to deliver to the Assessors Lists of all Pensions Fees and Allowances payable by them XXXV All persons having any Moneys at Interest are to deliver to the Assessors before they return their Certificates a Note of the Gross Sum of Principal Money owing to them which the Assessors are to Tax according to the said Notes But if no Notes be delivered or that there be sufficient Ground to believe they do not contain all the persons Money at Interest then the Assessors are to Tax such persons according to the best of their Judgment XXXVI And all persons intituled to Debts at Interest are to deliver to the Commissioners before they deliver their Estreats to the Subcollectors a Specification or particular in Writing of the said Debts Signed And also of the persons or some of them who borrowed or are liable to the same or of something engaged for the said Debts or the nature of the Securities with the Dates thereof and the Names of the Witnesses thereunto Whereupon the Commissioners shall deliver back to the Parties Copies of such Specifications under their Hands and Seals attested by two or more Witnesses to justify their being duly Charged Which Copies shall be allowed as Evidence in all Courts And upon neglect or refusal to give in such Specifications to Forfeit over and above the Duties intended to be Charged twice as much to be Sued for at any time before 25 Mar. 1699. Whereof one moiety to the King the other to the Prosecutor And the Debts not contained in the said Specifications shall not be Recoverable nor the Securities for the same Pleadable in any Courts of Law or Equity before the said 25 Mar. 1699. Unless the said Duty and Penalty be first satisfied viz. If no Action be Commenced by any Informer then the Duty and Penalty shall be paid to the King But if an Action be depending then the Duty and one moiety of the Penalty shall go to the King and the other moiety to the Informer XXXVII The Assessors are to Enter and View upon the Places where any Stock upon Land shall be and to Value and Charge the same according to the Act And if upon such View the Assessors find any Fraud hath been used to avoid the Taxation they are to give Notice to the Commissioners to the end the persons may be doubly Taxed And the persons refusing to permit such View shall Forfeit 10 l. one moiety to the King the other to the Prosecutor XXXVIII All Traders shall deliver to the Assessors within ten days after the Commissioners Issue their Warrant to the Assessors a Particular in Writing Signed of the Quantities Kinds and Value of their Stocks as the same are then Worth bona fide to be sold And the Assessors are Impowered where they shall think it necessary for their Information to Enter in the day time into any Shops Warehouses c. to View and Value the Goods And the persons refusing such Entrance shall Forfeit 40 l. one moiety to the King the other to the Prosecutor And if the Assessors are satisfied in the truth of the Particulars delivered to them they are to Assess the same accordingly But if the particulars are not delivered to them within the time prefixt or if they suspect the said Particulars to be fraudulent then they are to Assess such Stock in Trade according to the best of their judgment XXXIX All which Assessments shall nevertheless be subject to the Examination of the Commissioners who may allow abate or increase the same as they see cause upon Information or Appeals XL. And if any Steward Bayliff or Tenant of Houses Lands or Hereditaments do not discover to the Assessors when required the true Rents payable for the same he shall Forfeit so much as such Rent bona fide shall amount unto for Two Years XLI Any persons Assessed finding themselves agrieved may Appeal within the days after the Money demanded and any three or more of the Commissioners who Signed the Rate shall within ten days after such Appeal Examine the person upon Oath and abate or increase the Assessment and to that end shall meet together for Determining Appeals and shall Express the time and place in their Warrants to the Collectors and upon Complaints shall Summon the Assessors to attend and such Appeals being once heard are to be final XLII Assessor Collector or Receiver wilfully neglecting or refusing to do his Duty may be Fined not exceeding 30 l. nor under 15 l. for every Offence which Fines shall not be taken off
Use And the Orders for repayment of Loans to be Assignable CXVI All Hammer'd Moneys brought into any of the Mints not being Base or Counterfeit such being to be cut in pieces and return'd shall be Received at 5 s. 4 d. per oz. and duly Entred and a Receipt thereof given in Writing and shall be Recoin'd into Mill'd Money and the Produce thereof with the help of such Moneys as shall be Raised or Imprested by this Act Charges deducted shall be paid back to the bringers in of such Hammer'd Moneys CXVII All such Hammer'd Moneys brought in upon Taxes at 5 s. 8 d. per oz. shall in like manner be Received Entred Specified Essayed and New Coined and Charges deducted deliver'd back to the respective Receivers and Collectors who brought in the same to be by them paid into the Exchequer with an Allowance of the Deficiency in Recoining CXVIII The Moneys so brought in at 5 s 4 d. per oz. or for Taxes or Revenues shall be repay'd in course and not diverted or misapplied under the penalty of loss of Place to the Officer so offending and forfeiting treble Damages to the party grieved CXIX The clear Moneys arising by this Act shall be applied to the making good the said Allowance of 5 s. 4 d. per oz. for Hammer'd Moneys and the deficiencies of the said Loans made in Hammer'd Moneys and the Encouragement for bringing in Wrought Plate to be Coin'd and the Charge of Recoining and shall not be diverted to any other Use CXX Provided That if this Act raise more than 125000 l. clear then the Overplus shall be brought into the Exchequer and not disposed of but by Authority of Parliament CXXI After 25 Mar. 1697. no persons shall use any White Linen Rags for making of Brown or Course Paper but only for Writing or Printing Paper under the penalty of 5 l. CXXII Stat. 8 9 W. 3. cap. 20. Enacted That the Subsidy of Tunnage and Poundage c. granted anno 12. Car. 2. to the said King for Life and continued anno 6 W. 3. for Five Years from 26 Decemb. 1694. be continued to 1 Aug. 1706. And that the Acts made anno 12 14 Car. 2. relating to the Customs and the Act ann 22. Car. 2. relating to Tillage and Breed of Cattel and the Acts anno 25 Car. 2. for taking off Aliens Duties and relating to the Greenland Eastland and Plantation Trades and the Act anno 1 Jac. 2. for improvement of Tillage and all the Clauses therein or in the Act anno 6 W. 3. relating to the Subsidy of Tunnage and Poundage be of full Force and Effect till the said 1 Aug. 1706. CXXIII That the Duties upon Wines and Vinegar granted 1 Jam. 2. for Eight Years and since continued by several Acts to 29 Septemb. 1701. be further continued till 1 Aug. 1706. CXXIV That the Duties on Tobacco granted anno 1 Jac. 2. for eight Years and since continued by several Acts to 29 Septemb. 1701. be further continued till the said 1 Aug. 1706. under the Rules and Directions relating thereunto in the Act anno 7 8 W. 3. CXXV That the Additional Impositions upon East-India and other Goods granted anno 2 W. M. and since continued by several Acts to 29 Sep. 1701. be further continued till the said 1 Aug. 1706. under the Directions of the said Act ann 2 W. M. not otherwise altered or provided for by any subsequent Acts now in being CXXVI That the Additional Impositions on several Goods and Merchandizes granted ann 4 5 W. M. for four years be continued to the said 1 Aug. 1706. under the Rules of the said Act subject to the Exceptions and Provisions in this present Act viz. That the Additional Duty of 20 s. per Tun for Lapis Calaminaris exported be only 2 s. And that Barr-Iron unwrought or Slit or Hammered Rod-Iron imported from Ireland other than Swedish or Foreign Iron be discharged of the Impositions laid on the same by this or the said Act 4 5 W. M. And that the Alterations made by any other Acts in being touching the said Impositions be observed CXXVII That the Duties on Vellum Parchment and Paper Granted ann 5. 6 W. M. for four years from 28 Jun. 1694. be continued till 1 Aug. 1706. under the Rules of the said Act except where altered by any other Act. CXXVIII That the Duties on Marriages Births and Burials c. granted ann 6 7 W. 3. for 5 years from 1 May 1695. be continued till the said 1 Aug. 1706. under the Rules of the said Act. CXXIX And that the Duties on Houses granted 7 8 W. 3. for seven years from 25 March 1696. be continued till the said 1 Aug. 1706. under the Rules of the said Act. CXXX His Majesty may constitute Surveyors or Inspectors of the said Duties on Marriages Births and Burials and upon Houses and Windows who shall certifie the Neglects or Failures in the Assessments of those Duties to the Commissioners that so all persons may be duly Assessed accordingly CXXXI That the Duties on Batchelors and Widowers who are Servants in Husbandry be paid by the Master or Mistress and deducted out of their Wages That Houses inhabited by two or more Families be charged as if Inhabited by one Family only That every Edifice in the Inns of Court or Chancery be charged as an intire House according to their several Tenures or Occupations And that every House left to the care of any Person or Servant be charged as an Inhabited House CXXXII And for restoring of Credit c. Enacted That the present Stock of the Bank of England be enlarged by new Subscriptions of Natives Foreigners or others But that before such Enlargement and before the Twenty fourth of July 1697. the said Stock shall be computed by seven of the present Members and seven of the new Subscribers or in Default thereof by the Lord-Keeper at any time before 24 Aug. 1697. And if the clear Stock amount not to 1200000 l. the old Members to make it up in Talleys Orders Bank Bills or Notes but if it exceed 1200000 l. then the Surplus to be divided among the said old Members CXXXIII Seven or more of the Commissioners appointed by his Majesty for that purpose shall take such new Subscriptions before 24 Jun. 1697. in Books to be provided before 2 Apr. 1697. and in such convenient House or Houses in London and Westminster as they shall provide and give publick notice of CXXXIV Four Fifths of each particular Subscription shall be at the time of Subscribing answered by Talleys or Orders upon the first third or fourth Aids of 4 s. per pound the Quarterly Poll three fourths of the Customs the Salt Act two thirds of the Additional Excise the Additional Impositions the Parchment Act the 300000 l. per ann on Tunnage and Poundage the Duties on Marriages Births and Burials c. on Wines Vinegar and Tobacco c. on Joint Stocks c. on Low
l. CCXI. Every Pedlar Hawker or other Travelling person so Travelling as aforesaid shall before the 24th of June 1697. deliver to the Commissioners for Transportation or to the persons deputed by them a Note in Writing under his or her Hand or under the Hand of some person by him or her Authorized in what manner he or she will Travel and Trade whether on foot or with one or more Horse Ass c. for which the Party shall pay to the said Commissioners or Deputies one moiety of the Duty by this Act payable for the same and give Security by Bond with one or more Sureties to be taken in his Majesties Name for the payment of the other Moiety at the end of Six Kalendar Months unless the Party shall choose to pay it down in which case 2 s. in the Pound shall be allowed for Prompt Payment and thereupon a Licence shall be Granted to him or her so to Travel or Trade by two or more of the said Commissioners for Transportation CCXII. If any such Hawker c. after the 24th of June 1697. be found Trading as aforesaid without or contrary to such Licence such person shall for every such Offence Forfeit 12 l. one moiety to the Informer the other to the Poor of the Parish where such Offender shall be discovered And every person so Trading who upon demand shall refuse to shew to any Justice of the Peace Mayor Constable or other Officer of the Peace his or her Licence for so Trading shall Forfeit 5 l. to the Church-wardens for the Poor of the Parish where such demand shall be made and for Non-payment shall suffer as a Common Vagrant and be committed to the House of Correction CCXIII. The said Commissioners or any two of them upon the Terms and Receipt and Security given as aforesaid shall grant a Licence to every Hawker c. for him or her self alone or with one or more Horses Asses c. as the case shall require for which Licence they shall take 1 s. unless such Hawker c. travels with Horse Ass c. and then 2 s. and no more The said Commissioners shall keep a distinct Account of the Duties arising by this Act and pay the same into the Exchequer Weekly on the Wednesday unless a Holiday under the penalties which the Officers of the Exchequer herein after mentioned shall be liable unto Which Money so paid in shall be applied to the paying the Interest of the 330769 l. 10 s. 7 d. in such manner as by the Act 6 7 W. 3. cap. 7. is appointed CCXIV. Whoever shall Forge or Counterfeit any Licence or Travel with such shall Forfeit 50 l. one moiety to the King the other to the Prosecutor to be Recovered by Action of Debt c. in any of the Kings Courts of Record at Westminster in which no Essoin c. to be allowed and to be subject besides to the Pains and Penalty of Forgery CCXV Persons sued or troubled for putting this Act in Execution may plead the General Issue and give the Special Matter in Evidence and if the Plaintiff shall be Nonsuited or Judgment be given against him the Defendant shall have Treble Costs CCXVI Constables or other Officers refusing or neglecting upon due Notice to Aid or Assist in the Execution of this Act every such Officer being thereof Convicted before any Justice of Peace shall Forfeit 40 s. to be levied by Distress and Sale of Goods One moiety to the poor of the Parish the other to the Informer CCXVII Any person may seize and detain any Hawker c. till such time as he or she shall produce a Licence if they have any if not till they give Notice to the Constable or some other Parish Officer who shall carry such Offender before a Justice of Peace who upon Confession or due Proof of Trading and no Licence produced shall by Warrant under his Hand and Seal cause the said Sum of 12 l. to be levied out of the Offenders Goods and Wares with reasonable Charges for taking the Distress CCXVIII This Act shall not extend to prohibit any person from selling Acts of Parliament Forms of Prayer Proclamations Gazettes Licensed Almanacks or other Licensed Papers or Fish Fruit or Victuals or hinder the Makers of any Goods or Wares in England Wales or Town of Berwick their Children Servants or Agents from carrying abroad and selling the same in any publick Fair or Market or elsewhere nor any Tinker Cooper Glasier Plummer Harness-menders or other person Trading in mending household Goods from going about and Carrying with them proper Materials for mending the same CCXIX. There shall be kept in the Office of the Auditor of the Receipts in the Exchequer one Book in which all Moneys paid in by virtue of this Act shall be entred apart CCXX If any Officer of the Exchequer shall divert or misapply any Moneys given by this Act he shall Forfeit his Office be incapable of any place of Trust and pay the treble value of any Sum so misapplied to the Party grieved his Executors c. who will sue for the same by Action of Debt c. wherein no Essoin c. And all Orders and Warrants for payment of Money contrary to the intent and meaning of this Act shall be Void CCXXI Nothing herein contained shall extend to hinder any Persons from selling any sorts of Goods in any publick Market or Fair in England Wales or Town of Berwick but that they may do therein as they lawfully might have done before the making of this Act. CCXXII On or before the first of August 1697. the several Owners of the Ships mentioned in the foresaid Act 6 7 W. 3. cap 7. or such persons who have parts and shares in the same shall deliver in to the Commissioners for Transportation an Account of what Share Part or Interest in each Ship he or they under whom they Claim are possest of and if the same be not in the first Proprietor then the person claiming to give an Account how and by what means he came to the same and so from time to time upon the Death or Assignment of any person Intituled unto any part or Interest of the Money intended to be raised by this or the foresaid Act an Account shall be given thereof to the said Commissioners CCXXIII. A Register of every persons Claim and Interest shall be made and kept in a Book to be provided by the said Commissioners and for Registring each persons Title a Fee of 1 s. shall be paid to the Clerk and no more and no person shall receive any Moneys to be raised by this or the foresaid Act till he hath delivered in to the said Commissioners an Account of his Share and Interest which Register shall at all times be viewed without Fee CCXXIV. In case it happen that the Duties Granted upon Coffee Tea Chocolate and Spice by the foresaid Act with the Duties to be raised by this Act shall amount to more
Office be within the limits of the Commissioners who Tax the same And the Commissioners shall also Assess the Assessors CCLXVI. No person in any City Borough or Town Corporate shall be compelled to be an Assessor or Collector out of the limits thereof CCLXVII The Tax on Houses where Foreign Ministers reside shall be paid by the Owner CCLXVIII In all Extra-Parochial and Privileged places the Commissioners shall nominate Two persons in or near the said places to be Assessors and shall appoint one or more Collectors CCLXIX The Commissioners shall not be liable to the Penalties in an Act 25 Car. 2. touching Popish Recusants CCLXX. No Commissioner shall act unless it be in Administring Oaths before he take the Oaths 1 W. M. ch 6. which any two of them may Administer to any other Commissioner CCLXXI. Any Commissioner acting before he hath taken the Oaths shall forfeit 200 ● to the King CCLXXII Offices shall be rated and paid for where the same are executed CCLXXIII Offices in Chancery within the liberty of the Rolls shall be there Assessed CCLXXIV Persons for personal Estates and persons not being Housholders shall be rated where resident at the execution of the Act and persons out of the Realm shall be rated for personal Estate where last resident within this Realm CCLXXV Any persons having Goods c. in any County other than where he lives shall be rated in the County where the Goods are and persons for Lands Tenements c. shall be rated where the said Lands c. lye CCLXXVI Any persons in respect of several places of Residence being doubly Charged for Personal Estate shall upon Certificate and Oath thereof be discharged for so much as is so Certified CCLXXVII This Act shall not extend to Personal Estates in Scotland Ireland Jersey or Guernsey CCLXXVIII If any person by changing his Residence or other Fraud escape being Taxed for Personal Estate upon proof thereof he shall be Charged Treble CCLXXIX Every Housholder shall upon demand give an Account of his Lodgers to the Assessors under penalty of 5 l. CCLXXX Shares in the New-River-Water Thames Marybone or Hampsted Waters Offices of Insurance from Fire Convex or other Lights and Stock in the Kings-Printing-House shall be Taxed 3 s. in the Pound And the said Shares and all Companies of Merchants in London shall be Assessed by the Commissioners for London and payed by the Governors and the respective Treasurers or Receivers CCLXXXI Every Papist of the Age of 16 years or upwards who shall not have taken the Oaths required An. 1 W. M. shall pay double Taxes unless such Papist within 10 days aster the first Meeting of the Commissioners do take the same before two Commissioners CCLXXXII Every person of the Age of 16 years or upward refusing to take the said Oaths or neglecting to appear before the Commissioners in Order to take the same when Summoned shall likewise pay double CCLXXXIII Every Gentleman or so reputed who by the Act for the Quarterly Poll 3 W. M. did or ought to have paid double and doth not voluntarily appear before the Commissioners within ten days after the first Meeting and take the said Oaths shall likewise pay double CCLXXXIV The Commissioners upon Information or Suspicion shall Summon every person Suspected to Appear and take the said Oaths CCLXXXV But Quakers instead of the Oaths may make and subscribe the Declaration of Fidelity 1 W. M. Where the Assessors neglect to make double Assessments on Papists or others for not taking the Oaths the Commissioners shall cause it to be done CCLXXXVI Where the Owners of Lands c. are liable to be double charged such Owners only shall be so charged and the Tenants Discharged notwithstanding any Covenant for Payment of Taxes CCLXXXVII The Kings Bench-Prison with its Lands and the Rents and Perquisites of the Marshal thereof and also the Marshalsea-Prison and Office and Perquisites of the Marshalsea-Court shall be Assessed in the Parish of St. George in Seuthwark CCLXXXVIII The Water-works in Southwark shall be Assessed by the Commissioners and Assessors of Surrey and the Water works in Westminster by the Commissioners and Assessors of Westminster CCLXXXIX All persons concern'd are to use their utmost Endeavours for the due Execution of the Act. CCXC. No person shall be liable to the pound Rate whose Lands c. are not 20 s. per Annum in the whole CCXCI. If any Collector shall keep the Money in his hands or Pay any part thereof other than to the Receiver General or his Deputy he shall Forfeit 20 l. And the Receiver General or his Deputy not Paying the same as the Act directs he shall forfeit 500 l. CCXCII The Commissioners of the Treasury c. shall not divert the Payment of the said Moneys into the Exchequer nor shall the Officers of the Exchequer strike any Talley of Pro or Anticipation on the same or any Teller charge himself therewith till actually received CCXCIII No noli prosequi or other stay of Prosecution shall be allowed in any Suit against Offenders herein CCXCIV. The Commissioners are impowered to lessen the Assessment on Proof that the Lands c. are charged above 3 s. in the pound and the Money so abated shall be Reassessed as they shall judge most equal either on the whole Hundred or Division or on such part thereof as shall appear to be under-charged CCXCV. The Receivers General shall be answerable for their Deputies and shall nominate so many of them that no Subcollector may be forced to Travel above Ten Miles for Payment of the Moneys by him Collected And in default of such Nomination to Forfeit 100 l. one Moiety to his Majesty the other to the Prosecutor CCXCVI. In case there be not a sufficient number of Commissioners capable of Acting for any City c. any of the Commissioners for the County at large may Act for such City c. CCXCVII. Members of Parliament Abiding in or about London and Westminster shall be Assessed for any Tax to be laid on their Persons or Personal Estates during this Session where their Mansion-Houses are or where they usually Reside in the Intervals of Parliament CCXCVIII The first General Meeting of the Commissioners for the West-Riding of Yorkshire shall be at Pontefract for the North-Riding at Thirske and for the East Riding at Kilham CCXCIX A Register shall be kept by the Auditor of the Exchequer of all the Moneys arising by this Act and one other Register of all Orders for Moneys payable thereout CCC The Principal Sums lent between 8 Oct. 1697. and 4 Apr. 1698. not exceeding 850000 l. shall be in the first place Transferred and paid in due course out of the Moneys arising by this Act with Interest at 8 per Gent. Payable every Three Months and the Orders for the same may be Assignable CCCI. And in the next place so much as on 11 Apr. 1698. shall not be Raised of the 255663 l. 5 s. 8 d. for paying of several
be Nonsuit or forbear Prosecution the Defendant shall have treble costs CCCXXI. Stat. 9 10 W. 3. cap. 14. That the Additional and other Duties and Impositions upon the several sorts of Goods and Merchandizes Imported into this Kingdom and from thence Exported Expressed and Granted in and by an Act An. 6 7. W. 3. Intituled An Act for Granting to His Majesty several Additional Duties upon Coffce Tea Chocolate and Spices towards Satisfaction of the Debts due for Transport Service for the Reduction of Ireland shall be Continued from 1 May 1698. and be levied and paid to His Majesty His Heirs and Successors till 1 May 1701. And that the said Act and all Powers Articles and Clauses therein contained shall continue in Force till the said 1 May 1701 and shall be practised and executed for levying and paying the said Additional and other Duties and Impofitions hereby contioned for paying interest for the Debt due for the said Transport Service CCCXXII Stat. 9 10 W. 3. cap. 25. After 1 Aug. 1698. there shall be paid to his Majesty his Heirs and Successors for ever over and above all other Duties the Sums following viz. For every Skin or Piece of Velum or Parchment or Sheet or Piece of Paper on which there shall be Ingrossed or Written CCCXXIII Any Grant under the Great Seal or Dutchy of Lancaster of any Honour Dignity Promotion Franchise Liberty or Privilege or Exemplification of the same Except Commissions of Rebellion in Process 40 s. CCCXXIV Any Pardon Except the General Circuits and Newgate Pardon Wairant of Reprieve Relaxation from Fines Corporal Punishments or Forfeitures 40 s. CCCXXV Any Grant of Money above 100 l. under the Great or Privy Seal only any Grant of Office or Imployment above 50 l. per Ann. any Grant of Lands in Fee or Leases for Years or other Grant of Prosit under the Great Seal Exchequer Dutchy of Lancaster or Privy Seal only 40 s. each CCCXXVI Any Presentation or Donation Collation Dignity or Spiritual or Ecclesiastical Promotion of 10 l. per Annum or above in the Kings Books 40 s. CCCXXVII Any Dispensation for two Ecclesiastical Dignities or Benefices or other Dispensation or Faculty 40 s. CCCXXVIII Any admittance of a Fellow of the College of Physicians or of any Attorney Clerk Advocate Proctor Notary or other Officer in any Court 40 s. CCCXXIX But not to extend to any annual Officer in a Corporation or Inferior Court whose Office is under 10 l. per Annum in the whole CCCXXX Any appeal from the Court of Admiralty Arches or Prerogative of Canterbury or York 40 s. CCCXXXI Any Exemplification under the Seal of any Court 5 s. CCCXXXII Any Decree or Dismission in Chancery Exchequer Dutchy of Lancaster Palatine of Chester Durham or other Court of Equity 6 d. CCCXXXIII Any Institution or Licence under the Seal of an Archbishop Bishop Chancellor Ordinary or Eeclesiastical Court 5 s. CCCXXXIV Any Writ of Error Certiorari or Appeal except to the Delegates 5 s. CCCXXXV Any Significavit pro Corp ' deliberat ' 5 s. CCCXXXVI Any Sentence Attachment or Relaxation in the Admi ralty or Cinque Ports 5 s. CCCXXXVII Any Letter of Mart 5 s. CCCXXXVIII Any Probate of a Will or Administration above 20 l. value 5 s. CCCXXXIX Any Recognizance Statute Staple or Statute Merchant 5 s. CCCXL Any Record of Nisi prius or postea 2 s. 6 d. CCCXLI Any Judgment Sigu'd by any Officer of the Courts at Westminster 2 s. 6 d. CCCXLII Any Commission out of Ecclesiastical Courts 2 s. 6 d. CCCXLIII Any Warrant Monition or Personal Decree in the Courts of Admiralty or Cinque Ports or Beneficial Warrant or Order under the Sign Manual except for the Navy Army and Ordinance 2 s. 6 d. CCCXLIV Any Special Ball or Appearance 1 s. CCCXLV. Any Bill Answer Replication Rejoynder Interrogatories Depositions or other Pleadings in Chancery Exchequer Dutchy and Palatine Courts and other Courts of Equity 1 s. CCCXLVI Any Admission into a Corporation or Company the Universities Inns of Court and Chancery 1 s. CCCXLVII Any Affidavit except for Burying in Woollen or before the Officers of the Customs Justices of Peace or Commissioners for Taxes ex officie 6 d. CCCXLVIII Any Copy of such Affidavit 6 d. CCCXLIX Any Indenture Lease or Deed Poll except for binding poor Parish Children Apprentices 6 d. CCCL Any Original Writ except where Capias Issues Subpaena Bill of Middlesex Latitat Writ of Capias Quo minus Ded. potestatem and other Writs Processes or Mandates where the Debt Damage or Demand is of 40 s. or above except for levying Fines suffering Common Recoveries and Habeas Corpus Writs 6 d. CCCLI Any Entry of Actions in London and other Corporations and Courts of 40 s. or above 6 d. CCCLII. Any Common Bail and Appearance 6 d. Which is to be Entred or Filed in eight days after the Process is Returnable on Penalty of 5 l. to the Plaintiff CCCLIII Any Rule or Order of Court at Westminster 6 d. CCCLIV. Any Copy of such Rules or Orders or other Records or Proceedings 6 d. CCCLV. Any Citation Monition Libel Allegation Deposition Answer Sentence Final Decree or Inventory in Ecclesiastical courts Admiralty or Cinque-Ports or Copies thereof 6 d. CCCLVI. Any Charter-Party Policy of Assurance Passport Bond Release Contract Obligatory Instrument Protest Procuration Letter of Attorney or other Notarial Act 6 d. CCCLVII Any Declaration Plea Replication Rejoynder Demurrer or other Pleadings in Courts of Law 1 d. and Copies thereof 1 d. CCCLVIII Any Depositions except the Draughts thereof before they are Ingrossed Copies of Bills Answers Pleas Demurrers Replications Rejoynders Interrogatories Depositions or other Proceedings in Courts of Equity and Copies of Wills 1 d. CCCLIX After 1 Aug. 1698. Every Officer or Clerk in the Courts at Westminster shall set down the day and year of his Signing any Writ of Arrest upon such Writ and duly enter the same on Penalty of 10 l. CCCLX This Act shall not extend to Bills of Exchange Accounts Bills of Parcel Bills of Fees or Bills or Notes not Sealed for payment of Money at sight or demand or at the end of certain days of payment CCCLXI. Nor to the Probate of Wills or Letters of Administration of Common Seamen or Soldiers dying in the Kings Service a Certificate thereof being produced and Oath thereupon made before the proper Judge CCCLXII Nor to any Warrant or Recognizance before a Justice of Peace or the Surrender of any Copy-hold Estate or Copies of such Estate or Court Marshal Proceedings for Trial of a Common Soldier or proceedings before Commissioners of Sewers or in the Court of Stanneries CCCLXIII Sea Officers shall pay the same Stamp Duty as Land Officers pay by this Act only CCCLXIV The Duties by this Act granted shall be liable to such Redemption by Parliament as shall be declared this Session CCCLXV The King or Commissioners of the Treasury shall appoint Commissioners for managing these Duties who
said Commissioners shall keep a distinct account of the Duties granted by this Act and pay the Money arising thereby into the Exchequer on Wednesday in every Week unless a Holiday and then the day after and upon neglect or refusal shall incur the penalties c. as other the Officers of the Exchequer herein mentioned shall be liable unto which Money so pay'd in shall be applied to pay Interest for the said Transport Debt after 5 per Cent. per Ann. CCCXC Persons Forging or Counterfeiting such Licences or Travelling with Forged or Counterfeited Licences shall forfeit 50 l. one Moiety to the King the other to the Prosecutor to be recovered in any the Courts of Record at Westminster and be subject to the penalties for Forgery CCCXCI Persons sued for putting this Act in Execution may plead the general Issue and give the special matter in Evidence And if the Plaintiffs be Nonsuited or suffer Judgment on Demurrer or a Verdict pass for the Defendants the Defendant shall have treble Costs CCCXCII If any Constable or other Officer refuse or neglect to be assisting in the Execution of this Act being thereunto required such Officer being thereof convicted upon Oath before a Justice of Peace shall forfeit for every such offence 40 s. to be levied by Distress and Sale of Goods one Moiety to the Poor of the Parish the other to the Prosecutor rendring the overplus CCCXCIII Any persons may seise and detain such Hawkers c. till they produce a Licence or if Trading without a Licence till such time as notice be given to the Constable or some other Parish officer who are to carry such persons before a Justice of Peace who upon confession of the party or due proof upon Oath that the person had so Traded and no Licence produced shall by Warrant under his Hand and Seal levy the said Sum of 12 l. by Distress and Sale of the Offenders Goods or Wares rendring the overplus after deduction of the charge for distraining and out of the said Sale to pay the said penalties and forfeitures CCCXCIV This Act shall not prohibit persons from selling Acts of Parliament Forms of Prayer Proclamations Gazetts licensed Almanacks or other printed Papers licensed by Authority or any Fish Fruits or Victuals nor hinder the makers of any Goods or Wares within this Kingdom or their Children Apprentices Agents or Servants from selling the Goods and Wares of their own making in any Mart Fairs Markets or elsewhere nor any Tinkers Coopers Glasiers Plummers Harness-menders or other persons trading in mending Kettles Tubs Houshold Goods or Harness from going about and carrying with them proper materials for mending the same CCCXCV There shall be kept in the Office of the Auditor of the Exchequer a Register of all Moneys paid in by virtue of this Act distinct from all other Moneys CCCXCVI If any Officer in the Exchequer shall divert any of the Moneys paid in by virtue of this Act he shall forfeit his Office be incapable of any place of Trust and shall pay treble the value of the sums so diverted to the persons grieved who will sue for the same in any the Courts of Record at Westminster And all orders for disposing the Moneys to be raised by this Act contrary to the meaning thereof shall be void CCCXCVII This Act shall not hinder any persons from selling any sorts of Goods or Merchandizes in any publick Mart Market or Fair within this Kingdom CCCXCVIII If the several Duties and Impositions granted to his Majesty by several Acts of Parliament towards payment of Interest of the said Transport Debt together with the Duties to be raised by this Act shall amount to more than sufficient for payment of interest at 5 per Cent. for the said Transport Debt according to the several Debentures made and to be made out then such surplus shall remain in the Exchequer and not be disposed of but by Act of Parliament CCCXCIX The Commissioners of his Majesty's Treasury or the Lord High Treasurer out of the Moneys raised by this or the said recited Acts may pay to the said Commissioners to be appointed pursuant to this Act their Clerks and others such sums as they may reasonably deserve for their service or may have expended in or about this or the said recited Acts. CCCC This Act shall not give power for the Licensing any Hawker Pedlar or Petty-chapman to sell or expose to sale any Wares or Merchandizes in any City Borough Town Corporate or Market Town within this Realm otherwise than might have been done before the making of this Act. CCCCI Stat. 9 10 W. 3. cap. 34. After 15 May 1698. The Money coming into the Exchequer for the Duties of Excise granted by an Act of 5 and 6 W.M. Intituled An Act for Granting to their Majesties certain Rates and Duties upon Salt and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the sum of Ten hundred thousand pounds towards carrying on the War against France shall in the first place be applied to pay such of the Annuities lately payable out of the Tunnage Duties and the tickets for the same which became due at Lady day 1696 or within 20 days after and are yet unsatisfied And in the second place to pay such of the said Annuities as became due at Michaelmas 1697 or within 20 days after and are yet unsatisfied And in the third place to pay such of the said Annuities as became due 25 Mar. 1698 or within 20 days after and not otherwise And the said Arrears being first discharged or Money reserved for payment thereof the growing produce shall be applied to pay the said half yearly and yearly Annuities in course And no Officer shall pay any half yearly or yearly payments of the said Annuities till the preceding half year or year be fully paid or the Money reserved for which publick notice in Writing shall be hung up in the said Office under penalty of forfeiting his Office and for every such offence 100 l. to the persons who shall sue for the same in any the Courts of Record at Westminster where the Plaintiff upon Recovery shall have treble Costs CCCCII. The Tickets commonly called Benefit Tickets which became due at Lady day 1698 or within 20 days after shall be paid as they are numbred beginning at number one and ending with number 2500. And the Tickets for 20 s. a piece commonly called blank Tickets being due at Michaelmas 1698 or within 20 days after shall also be paid as they are numbred beginning with number One and ending with the number 97500. And in the year next following the Benefit Tickets shall be paid in an Arithmetical Progression descending beginning with number 2500 and ending with number One and the Blank Tickets from number 97500 inclusive to number one inclusive and so onwards in every subsequent year alternately CCCCIII It shall be no undue preference to
pay the Assessment in ten days after demand where no sufficient Distress can be found three of the Commissioners may commit such Persons to Gaol till payment be made CCCCXXXVI Persons agrieved and complaining to the Commissioners within six days after demand the Commissioners or three of them whereof two who signed the Rate may within eight days after examine the Complainant upon Oath and thereupon abate or increase the same and the Commissioners are required to meet together for determining such Complaints and Appeals accordingly CCCCXXXVII All Persons shall be rated where Resident with their Families at the Execution of the Act and Persons not Housholders nor having a certain place of abode and all Servants shall be Taxed where Resident at the time The Tax on Servants to be paid by the Master or Mistress and Deducted out of their Wages CCCCXXXVIII Persons doubly charged for several Mansion Houses or Places of Residence upon Certificate of two of the Commissioners of their Personal Residence and of the Sums charged and Oath made of such Certificate before a Justice of Peace shall for so much as shall be certified be discharged in every other place CCCCXXXIX Persons at the time of the assessing being out of the Realm shall be rated where last abiding in the Realm CCCCXL. Persons escaping Taxation by Fraud or changing their Residence upon proof thereof before two of the Commissioners or Justices of the Peace shall at any time within twelve Months after be charged double CCCCXLI The Commissioners shall Tax one another and shall Assess the Assessors CCCCXLII Assessors Collectors Receivers or other persons wilfully neglecting or refusing to perform their Dury the Commissioners or two of them may Fine them not exceeding 20 l. CCCCXLIII The Commissioners or two of them shall call for an Account from the Receivers General of the Moneys received by them and paid into the Exchequer and in case of failure to cause the same to be forthwith levied CCCCXLIV Upon any Controversie between the Commissioners about the said Rates the Commissioners concerned are to withdraw under penalty of a Sum not exceeding 20 l. CCCCXLV All differences touching any of the said Rates and the Collecting thereof shall be finally determined by three or more Commissioners without further trouble CCCCXLVI The Receivers General shall give Acquittances to the Collectors gratis and the Collectors shall deliver to the Receivers General a Schedule in Parchment under their hands and seals signed by two or more Commissioners of the names and places of abode of every person making default of payment to be returned into the Exchequer from whence Precess shall be Issued against them for the same CCCCXLVII No Letters Patents shall exempt any persons or places from the Charge Granted by this Act. CCCCXLVIII All Constables Headboroughs Tything-men and other Officers shall be Aiding in the Execution of this Act and obey such Precepts as shall be directed to them by the Commissioners or any Two of them CCCCXLIX Persons Prosecuted for Acting in pursuance of this Act may plead the General Issue and give this Act and the special matter in Evidence and upon a Nonsuit Discontinuance or Verdict against the Prosecutor the Defendant shall recover Treble Costs CCCCL The Parents Guardians and Tutors of Persons under the Age of 21 Years shall upon Default pay the Duties for such Persons CCCCLI All Moneys payable by this Act shall be paid by the Collectors to the Receivers General Appointed by his Majesty or to their Deputies whereof notice shall be given to the Commissioners within Ten days after their General Meeting and so within Ten days after the Death or Removal of any Deputy and their Receipts shall be a Discharge to the Collectors CCCCLII The Collectors shall not be Obliged to travel above Ten Miles for payment of any Sums to the Receivers General CCCCLIII Every Receiver General within one Month after the Receipt of the whole Sum charged on any Hundred or Division for each Quarterly payment shall give the Commissioners of the Division a Receipt for the same under his Hand and Seal which shall be a full Discharge to such Hundred or Division CCCCLIV If any Receiver General Certifie into the Exchequer any Money in Arrear or Unpaid after the same hath been Received or cause any Person to be unjustly set Insuper he shall Forfeit to the Person Molested or Damaged thereby Treble Damages and to the King double the Sum so Unjustly Certified or set Insuper CCCCLV No Commissioner shall be Liable for his Execution of this Act to the Penalties in the Act Anno 25 Car. 2. For Preventing Dangers which may happen from Popish Recusants CCCCLVI All Penalties Incurred by this Act shall be Levied if not otherwise Prescribed by Warrant of Two or more of the Commissioners where the Offence was Committed by Distress and Sale of Goods CCCCLVII The Commissioners at a General Meeting All Appeals being first Determined shall cause Duplicates of the whole Sum Charged on each Division or Place Written in Parchment without Naming the persons and Signed by Three or more of the Commissioners to be Joyntly Delivered to the Sheriff of the County to be Transmitted to the Exchequer by 20 September 1698. CCCCLVIII No Person shall Act as a Commissioner before he Take the Oaths appointed 1 W. M. which any Two Commissioners may Administer under the Penalty of 200 l. Forfeiture to his Majesty CCCCLIX Persons chargeable to the Finding or Contributing to a Militia Horse shall be Assessed in such places where they ought so to Find or Contribute And if such Assessment be not Paid within the time Limitted and no Goods or Chattels of the Parties sufficient to be found then it shall be Lawful in case the Tenant of the Lands pay not the Assessment within Ten Days to Levy the same by Distress and Sale of the Tenants Goods which shall be allowed the Tenant on payment of his Rent CCCCLX Serjeants Inn in Fleet-street and Serjeants-Inn in Chancery Lane the four Inns of Court and the Inns of Chancery shall be Rated according to the proportion Imposed by this Act. CCCCLXI Persons coming to reside in any Division within London or Westminster or Five Miles thereof and not there Taxed shall be Summoned before the Commissioners and Assessed unless they produce Certificates of their being Assessed and having paid the preceding Quarterly payments CCCCLXII Every Housholder shall give the Assessors an Account of the Names and Qualities of their Lodgers under penalty of 5 l. CCCCLXIII Persons may pay all or any of the Quarterly payments to the Collectors beforehand for which the Collectors Acquittance shall be a good Discharge CCCCLXIV Members of Parliament shall be Assessed where their usual Residence is in the Intervals of Parliament CCCCLXV Out of the Moneys paid into the Exchequer upon the Act of this present Session for Granting to His Majesty several Duties upon Coals and Culm 250000 l. shall be Appropriated for payment of Seamen that have or
and shall not be delivered to the Buyers without Security by Bond in double the value to Export the same within Six Months and not to Import the same into England Scotland or Ireland or His Majesties Dominions in America or elsewhere Which Obligation upon Certificate of the proper Officer and Oath of the Buyer that the said Goods were Exported accordingly and not Landed or intended to be Landed again in any of His Majesties Dominions shall be Vacated But the said Goods not being so Exported the Persons in whose Custody the said Goods shall be found shall be again liable to all the Forfeitures in this or any other Act as if the same had never been seized XII If any Bone-lace c. be seized and carried to any Custom-house as Foreign which the Seizer shall after believe to be English He may take off his Seizure affixing publick notice in Writing at the Custom-house Door and the Guild hall or other most publick place of the quantity and kind so seized And if no other person shall within Ten days after undertake to prosecute for the same it shall be delivered back to the Proprietor Oath being first made by him or some known Person on his behalf that the said Goods are to the best of his knowledge and belief English made and Oath made before some Justice of Peace of the place where and of whom the said Goods were bought who shall certifie the same at the next General Quarter Sessions and the Persons wilfully Forswearing themselves therein shall suffer as for Perjury XIII The Officers of the Customs shall be Aiding in the Execution of this Act and upon conniving at the Importation Delivery or Selling of any such Foreign Bone-lace c. shall forfeit 20 pounds and be ever uncapable of serving his Majesty in any Office XIV The proof that such Bone-lace c. so found or seized was made and Manufactured in England Wales or Berwick shall be only upon the Importer Keeper Seller Retailer Barterer or those in whose Hands or Custody the same shall be found and not upon the Informer Seizer or Prosecutor that they were made beyond Sea XV. The Penalties and Forfeitures incurred by this Act may be recovered over and above any Penalties in any former Act in any the Courts of Record at Westminster and the said Penalties the Prosecutor having been allowed his reasonable Charges shall be one Moiety to the King the other to the Person that will Sue for the same XVI Persons sued for any thing done in pursuance of this Act may plead the General Issue and give this Act and the special matter in Evidence And if a Verdict pass for the Defendant or the Plaintiff discontinue be Nonsuited or have Judgment against him upon Demurrer the Defendant shall have treble Costs XVII All Informations against this Act shall be brought within Twelve Months after the discovery of the Offence XVIII Before any Person shall be admitted to Enter a Claim to any such Goods seized he shall be obliged to give Security by Recognizance before a Baron of the Exchequer in Twenty pounds penalty to pay the Prosecutor full Costs of Suit in case a Verdict shall pass or Judgment be entred for the Plaintiff and in default of such Security in due time the said Goods shall be adjudged forfeited XIX This Act shall not impower any Persons to enter into any House Shop Cellar Ware house or other Room or Place or to break open the same or any Door Chest Trunk or other Package not belonging to a Dealer in Lace XX. Stat. 9 10 W. 3. cap. 17. Enacted That after 24 June 1698. All Bills of Exchange Drawn in or Dated at and from any place in this Kingdom of the Sum of 5 l. Sterling or upwards upon any Person in London or any other Trading City Town or Place in which Bills the value shall be expressed to be received Drawn Payable at a certain time after the Date thereof may after Acceptance in Writing and the expiration of Three days after the same shall be due be protested by a Notary publick or in default of such Notary publick by any other substantial person of the place before Two Witnesses Refusal or Neglect being first made of due payment which Protest shall be made under a Copy of the Bill in the form prescribed by the Act and shall be notified within Fourteen days after to the Party from whom the Bills were received who upon producing such Protest is to Repay the said Bills with Interest and Charges from the Protesting For which Protest there shall not be paid above 6 d And in default of such Protest or due Notice thereof the Person so failing shall be liable to all Costs Damages and Interest thereupon Provided that if any such Inland Bills be lost or miscarry within the time limited for payment of the same the Drawer of the said Bills shall give other Bills of the same tenour Security being given to indempnifie him in case the said Bills so lost or miscarried be found again XXI Stat. 9 10 W. 3. cap. 26. After 24 Jun. 1698. The Royal African Company shall maintain all such Forts and Castles as they now have in their Possession or shall hereafter Purchase or Erect for the preservation of the Trade to Africa And shall supply them with Men Artillery Ammunition and Provision and all other necessaries as occasion shall require XXII Any of the Subjects of this Realm as well as the said Company may after the said 24 June Trade from England and after 1 Aug. 1698 from any of his Majesties Plantations in America to the Coast of Africa between Cape Mount and the Cape of Good Hope the said Company and all others answering a Duty of 10 per Cent. ad Valorem for the Goods and Merchandize Exported thither from England or from his Majesties Plantations in America for maintaining the said Castles and Forts and preserving the said Trade XXIII The Master Owner or Freighter of every Ship intending to Sail or Trade between Cape Mount and the Cape of Good Hope shall at one of the chief Custom houses in England or the Plantations from whence such Ship is to Sail Enter the name of the Master and Ship and the Burthen thereof so Freighted 15 days before clearing thereof And the Owner or Exporter shall there also enter upon Oath the quantity quality and value of the Goods and Merchandize so to be Shipped and Sign such Entry And thereupon pay the said Duty to the Collector or chief Officer of the Custom there who is to demand and receive the same for the use of the said Company And all such Goods and Merchandize Exported from England to the Plantations and thence to Africa shall be valued at no more than what they cost in England XXIV The Collector or other Chief Officer in or near the Ports whence such Ships are to be cleared shall before the clearing thereof administer the Oaths following whereof the Master shall
or Wire or Plate ready wrought for the covering of Silk or Thread shall be Imported into this Kingdom on pain of being forfeited and burnt XLIX Of the several Penalties in this Act one Moiety shall be to the King the other to them that shall sue for the same in any the Courts of Record at Westminster L. If any Person be sued for what he shall do in Execution of this Act he may plead the General Issue and give the Special Matter in Evidence and upon a Non-suit Discontinuance or Verdict against the Plaintiff the Defendant shall have treble Costs LI. No Penalty shall be inflicted on any Person exposing to sale any Silver Wire or Silver or Gold Thread or Lace or Fringe on or before 29 Sept. 1699 though not made according to this Act provided it be proved by Oath before a Justice of Peace of the Place that such Goods were made on or before 24 July 1698. LII Every Prosecution upon this Act shall be commenced within Six months after the Offence committed LIII This Act shall continue for Three years and thence to the end of the next Session of Parliament LIV. Stat. 9 10 W. 3. Cap. 42. Whereas by an Act 7 8 W. 3. Intituled An Act for Preventing Frauds and Regulating Abuses in the Plantation Trade It is Enacted That after the 25th of March 1698. No Ship or Vessel shall pass as a Ship of the built of England Ireland Wales Berwick Guernsey Jersey or any His Majesties Plantations in America so as to Trade to or from the said Plantations till Registred as enacted by the said Act And yet several Merchants Trading to the Plantations have sent out several Ships and Vessels thither but through madvertency only have omitted to Register them It is Enacted That all Ships and Vessels of the Built of England Ireland Wales Berwick Guernsey Jersey or any His Majesties Plantations in America being English Property shall have Nine months longer from the said 25th of March 1698. for Registring such Ships which being Registred within the said Nine months shall have the advantage of the saie Act as if Registred before the said 25 Mar. 1698. LV. Stat. 9 10 W. 3. Cap. 43. After 1 July 1698. no Foreign Silks known by the name of Alamodes or Lustrings shall be Imported into this Kingdom but into the Port of London only and Notice shall be given to the Commissioners or Chief Managers of the Customs there of the Quality and Quantity with the Marks Numbers and Package of all such Silks intended to be Imported with the Name of the Importer and of the Ship and her Burthen and of the Master and Commander on which they are to be Laden and the Port where the same are to be taken on Board And a Licence shall be taken under the Hands of the said Commissioners or Chief Managers of the Customs or any three of them for the Importing of the same which Licence is to be granted without Fee or Reward LVI The said Commissioners or Chief Managers of the Customs shall cause to be marked and sealed all such Alamodes and Lustrings which shall be Imported after the said 1st of July according to this Act and cause a dissinct Registry thereof to be kept in the Custom-House to be made without Fee or Reward before the Goods be delivered out of the Custom House Warchouse And if any of the said Silks shall be Imported into this Realm other where than in the Port of Londen or Imported without such Notice and Licence and the Duties paid for the same or shall not be so sealed and marked such Silks or the sull value thereof shall be forfeited And the Silks which shall be seised and forfeited by virtue of this or any former Act shall be sold and exported pursuant to the Rules mentioned in an Act of 8 9 W. 3 Intituled An Act for the further Encouragement of the Manufacture of Lustrings and Alamedes within this Realm LVII All Persons who shall Import or bring into this Kingdom any Alamodes or Lustrings contrary to this Act or knowingly receive the same into their Custody or sell or offer to sale any such Foreign Silks so fraudulently Imported and their Aiders Abettors and Assistants knowing thereof shall forfeit 500 Pounds LVIII If any Commission or Warrant Officer or other Person in the Service of His Majesty and having the Command of any Ship or Vessel shall Import or Convey or procure or suffer to be Imported or take on Board any Alamodes or Lustrings in Order to be Imported into this Kingdom or shall Unship or suffer to be Unshipt into any Boat or Vessel any such Silks knowing thereof shall over and above the Forfeitures and Penalties in this or any other Act be ipso facto rendred uncapable of serving His Majesty by Sea or Land or of receiving any Advantage by virtue of such Service And if any Seaman Mariner or other belonging to any Ship or Vessel shall discover any Alamodes or Lustrings so Imported or Unshipt in order to be Imported contrary to this Act such Persons shall over and above their part of the Forfeitures by this Act be discharged from on Board such Ship or Vessel if they desire the same and the Captain or Master shall immediately give them a Ticket Intituling them to their Wages on Board such Ship or Vessel LIX If any Persons shall afterwards Counterfeit or Misapply any of the Seals or Marks now used at the Custom House for Sealing and Marking Alamodes and Lustrings according to this or any other Act or the Seals or Marks of the said Company for Marking and Sealing their Goods they their Aiders and Abettors shall for every such Offence forfeit 500 Pounds and stand in the Pillory two Hours And all Persons who shall buy or fell or have in their Possession any Alamodes or Lustrings with a Counterfeit Seal or Mark or with the Custom-House or Companies Seal or Mark not lawfully affixed thereto knowing thereof and not discovering the same shall forfeit the Goods and 100 Pounds Any Persons with a Writ of Assistance from the Exchequer or with a Constable or Officer and a Justice of Peace's Warrant may in the day time Enter into any House Shop Warehouse or other place to search for and seize any Alamodes or Lustrings Imported contrary to this or any other Act or Sealed or Marked as aforesaid And in case of Resistance to break open Doors Chests and other Package to bring thence to his Majesties Ware house any such Silks And the Justices of Peace are to grant such Warrants to Credible Persons making Oath they suspect there are such Silks where they intend to Search And upon Dispute whether such Silks were Manufactured beyond the Seas or Imported contrary to this Act the Proof shall lie upon the Importer or Owner and not upon the Prosecutor LX. All Officers of the Customs or in Corporations or elsewhere shall be assisting in the Execution of this Act and if any Officer
And all Persons Trading by Licence shall enter their Licences in the Books of the General Society and take an Oath to the like effect And no Member of any Company having Power to Trade thither during his Continuance in the said Company shall Trade otherwise than in the Joint Stock thereof And every Member of such Company shall take an Oath before Two or more of the Trustees for the said Company to be faithful and not to Trade to the Indies during his Continuance in the said Company upon any private Account And no person shall be Intrusted to Trade upon the Joint Stock or for a Company before he hath taken an Oath to be faithful to such Company and not to Trade thither but for the Account of such Company CXXV Provided that Quakers may instead of an Oath make a solemn Declaration to the same effect CXXVI All Persons Trading to the East Indies in pursuance of this Act except in a Company shall Enter the Goods they Export in a Book before the Lading thereof with the Ship and Masters Name that all Persons concern'd may see whether they Trade for more than is allowed which Entries shall be upon Oath or Solemn Affirmation made before Two or more Trustees for the General Society till a Company be Erected and then before Two or more Directors of such Company CXXVII The General Society and Companies in Joint stock may be impowred by his Majesties Charters to make by Laws for the good of the said Trade CXXVIII Persons not making true Entries and Affirmations shall forfeit the Goods Exported or designed to be Exported and the proceed thereof and double the Value to be divided as the Charters shall appoint CXXIX No Company or particular Person shall Trade to the East Indies before Security given to the Commissioners of the Customs That all the Goods to be Laden by or for them in the Indies shall be brought to England without Breaking Bulk the Danger of the Seas Pirates c. excepted And any Difficulties or Disputes in acceptance of such Security shall be determined by any of the Barons of the Exchequer CXXX All Goods Imported by the Company or other Traders to the East Indies shall be sold openly by Inch of Candle on pain of forseiting the same or the value thereof one moiety to his Majesty the other to the Prosecutor CXXXI His Majestics Commission or Charters shall direct in what manner the shares in the yearly Fund and in the Stock in Trade shall be Assigned or Transferred CXXXII The Stocks shall be esteemed in Law personal Estates and descend accordingly CXXXIII The Annuities Issuing out of the yearly Fund and the Shares in Trade shall be exempt from Taxes CXXXIV A Guardian or Trustee for an Infant may subscribe a moiety of the Money in his Trust CXXXV No Member of any Society or Company within this Act shall in respect of his Stock only be Adjudged a Bankrupt nor the Stock liable to Foreign Attachment CXXXVI The General Society nor any Company Established in pursuance of this Act shall Borrow or give Security for any Sums on Credit of the Funds by this Act Granted nor Borrow Owe or give Security for any other or greater Sums than shall be Imployed in their Trade which shall be borrowed only on their Common Seal and not Repayable in less than six Months not Discount any Bills of Exchange or other Bills or Notes or keep Books or Cash for any Persons whatsoever other than their own Corporation or Society CXXXVII An Additional Duty of 5 per Cent. shall be laid on all East-India Goods Imported after 29 Sept. 1698. by any persons Trading pursuant to this Act to be paid over to the General Society or such Companies as may be Erected or their respective Treasurers for maintaining Ambassadors and Defraying any other extraordinary Expences the Overplus to be disposed to the benefit of all the Members CXXXVIII And Security shall be given before Landing thereof for payment of the said Additional Duty of 5 per Cent. as soon as the Goods shall be sold And Goods Landed before due Entry and the Duty secured or without Warrant shall be forfeited one Moiety to the King the other to the Scizer CXXXIX The said Duty of 5 per Cent. to be managed by the Commissioners of the Customs and paid over as the Act appoints CXL Upon Three years notice after 29 Sept. 1711. and Repayment by Parliament of the said Two Millions or such part thereof as shall be advanced and all Arrears of the said Annuities then all Duties Annuities and things granted by this Act to cease and determine CXLI All Wrought Silks imported from the East-Indies or Persia after 29 Sept. 1698. shall pay an Additional Duty of 1 s. 10 d. per pound Weight Averdupoiz CXLII The Persons who may Trade to the East-Indies pursuant to this Act shall have the sole Trade thither after 29 Sept. 1698. And any other persons Trading thither shall forfeit Ship and Goods and double the value thereof One 4th part to the Prosecutor the other three parts to the General Society or Company they bearing the charge of Prosecution CXLIII If in any One year after 29 Sept. 1699. the Duties by this Act appropriated be not sufficient to satisfie the payments appointed such Deficiency shall be made good out of the next Parliamentary Aids CXLIV Provided that the present East-India Company may Trade thither till 29 Sept. 1701. And that Ships not in the Service of the said Company which were cleared from England to the East-Indies before 1 July 1698. so as they return into this Kingdom without breaking Bulk in Europe shall not be liable to Forfeitures CXLV The present East-India Company shall pay their just Debts and their Estate shall be liable thereunto and if they make any Dividend after 24 June 1698. before full payment of their Debts the respective Members shall be liable so far as their Shares upon such Dividends shall extend to pay besides double Costs of Suit CXLVI Every Society or Company to be Erected in pursuance of this Act shall take care not to Owe at any one time more than the value of their Capital Stock undivided And if by any Dividends their Debts at any time exceed their Capital Stock the respective Members shall be liable so far as the Shares they Received upon such Dividends will extend besides Costs of Suit CXLVII Out of the Moneys contributed on this Act or arising by any other Act of this Session not particularly Appropriated there shall be applyed To the use of the Mints 29209 l. For the Civil Government 40000 l. over and above the 600000 l. appropriated by the present Poll Bill for paying of Talleys c. And also such Sums as may be necessary to satisfie the Praemiums for Circulating Exchequer Bills and the rest to be disposed for Land and Sea-Service and the Commissioners of the Treasury are to cause the same to be applied accordingly CXLVIII The Rules and Penalties contained
in the Act 2 W. M. for an Aid of 2 s. in the pound for the speedy Payment of Money into the Exchequer and misapplication thereof are hereby Revived CXLIX After 10 July 1698. The Commissioners of the Treasury if it consist with his Majesties Service may direct Bank Bills to be Received in all Payments to the King until the end of next Session of Parliament but not when they are at any Discount Treason I. Stat 8 W. 3. cap. 4. For the Treasons and other Causes in the Preamble recited at large Enacted That Sir John Fenwick Baronet be Convicted and Attainted of High Treason and shall suffer the Pains of Death and incur all Forseitures as a Person Atainted of High Treason II. Stat. 8 W. 3. cap. 5. Enacted That if Sir George Barclay Knight Johnson alias Harrison Durant alias Durance Michael Hare Major George Holmes Philip Handford alias Brown Richard Richardson John Maxwell Bryerly Plowden Hungate shall not before 25 March 1697. Render themselves to the Lord Chief Justice of the Kings Bench or one of the Secretaries of State in order to their Trials for the Tieason wherewith they are charged then such of the said Persons as shall not so render themselves shall Stand and be Convicted and Attainted of High Treason and shall suffer the Pains of Death and all Forfeitures and Penalties as Traytors Convicted of High Treason III. And Counter John Bernardi Robert Cassells Robert Meldrum James Chambers and Robert Blackbourn and such other Persons who shall hereafter render themselves or shall be apprehended against whom there shall be Evidence upon Oath of being concerned in the said Conspiracy of Assassinating his Sacred Majesty shall be detained in Custody without Bail till the first day of January 1697 unless they shall be sooner Bailed by order of Councel signed by six Privy Councellors IV. Stat. 9 W. 3. cap. 1. Every of His Majesties Subjects who since 11 Decemb. 1688. have voluntarily gone into France or any of the French Kings Dominions in Europe without Licence from his Majesty or the late deceased Queen Mary or who have during the late War with France born Arms in the Service of the French King by Sea or Land or who have since 13 Feb. 1688. been in Arms under the Command or in the Service of the late King James in Europe and shall after 14 Jan. 1697. return into this Kingdom or any other his Majesties Dominions without Licence under the Privy Seal shall be Guilty of High Tieason and suffer and forseit accordingly V. Every of his Majesties Subjects who after 14 Jan. 1697. shall without Licence from his Majesty within this Realm or without in order to give any Aid or Assistance to the late King James hold or keep any Intelligence or Correspondence by Letters Messages or otherwise with the late King James or with any Person Imployed by Him knowing such Person to be so Imployed or shall without Licence from his Majesty by Bill of Exchange or otherwise remit or pay any Sums of Money for the Use or Service of the late King James knowing such Money to be for such Use or Service shall be Guilty of High Treason and suffer and forfeit accordingly VI. Any of the Offences against this Act committed out of this Realm may be laid and tried in any County of this Realm VII The Clause in an Act of 3 4 W. M. Intituled An Act against Corresponding with their Majesties Enemies whereby it was Enacted That if any of his Majesties Subjects should after 10 March 1691. without Licence from their Majesties voluntarily go or Imbark in any Vessel with intent to go into France or any Dominions of the French King should be Guilty of High Treason is declared to be intended only during the War with France and is now of no force VIII Provided That if any Person who since 11 Dec. 1688. went into France or any of the French Kings Dominions without Licence or who had been in Arms under the late King James or the French King or in either of their Services since 13 Feb. 1688. and hath returned into this Realm without Licence such Person shall depart this Realm by the first of Febr. 1697. unless before that time such Person obtain his Majesties Licence for staying here And every such Person not departing this Realm by 1 Febr. 1697. or after such departure returning into this Realm without his Majesties Licence shall be Guilty of High Treason and suffer and forfeit accordingly IX No person shall pay for any such Licence above 10 s. in each Office through which such Licence shall pass and Persons receiving more shall forfeit 20 l. to the Party grieved X. All Persons who after 6 Jan. 1697. shall procure or accept any Charter of Pardon or Grant of any Title of Honour or other matter or thing in England or Ireland from the late King James or shall claim any Benefit thereby or by any Writing purporting any such Pardon or Grant shall be Guilty of High-Treason and suffer and forfeit accordingly And whosoever hath since 11 Decemb. 1688. accepted such Pardon or Grant shall by the 13 of Febr. 1697. deliver such Pardon or Grant to his Majesty in Council or to one of the Secretaries of State before two Witnesses or be Guilty of High Treason and suffer and forfeit accordingly XI Any Person who having accepted or concealed any such Pardon or Grant shall discover and deliver up the same by the said 13 Febr. shall not be punished for procuring accepting or concealing thereof but be wholly Indempnified for the same XII All Persons Indicted for any thing made Treason by this Act shall have the benefit of the Act 7 W. 3. Intituled An Act for Regulating of Tryals in cases of Treason and Misprision of Treason XIII All Grants of any Estate forseited by Virtue of this Act shall be utterly void Wool I. Stat. 9 10. W. 3. cap 40. The Act made 7 W. 3. Intituled An Act for the more effectual Preventing the Exportation of Wool and for Incouraging the Importation of Wool from Ireland and every thing therein contained except what is hereby otherwise altered shall continue and be in full force II. After 24 Jun. 1698. No Fullers Earth or Scouring Clay shall be Exported out of this Kingdom into Ireland Scotland or any other Foreign parts but the Exporter shall forfeit 1 s. for every pound weight III. All Owners of Wool Shorn Housed or Lodged within 10 Miles of the Sea side in Kent and Sussex shall give an Exact Account in Writing within 3 days after Sheering of the number of Fleeces and where lodged or housed to the next adjoyning Port or Officer of the Customs and the like notice before Removing thereof and the Name and Abode of the Persons to whom disposed and where intended to be carried and shall take a Certificate of such Entry on forfeiture of the Wool not Entred or otherwise Disposed of and a penalty of 3 s. per pound for such
Wool as if it had been actually Transported which Entries are to be made gratis and Certificates given without delay specifying the Names of the Owners and Buyers thereof and Limitting it to such times and places to be removed taking 6 d. and no more for each Certificate IV. No Persons residing within 15 Miles of the Sea in Kent or Sussex shall buy any Wool before they enter into Bond to the King with Sureties not to sell the said Wool to any Persons within 15 Miles of the Sea And if any Wool be carrying towards the Sea side in those Counties unless entred and Security given the same shall be forfeited and 3 s. for every pound weight V. No Wool removed from the Place where it was first Housed after Sheering within 10 Miles as aforesaid shall be lodged after the first removing within 15 Miles of the Sea in these Counties on pain of forfeiture if found but if carried away then the Owner to forfeit 3 s. per pound weight VI. All Persons laying or hiding any Wool within 15 Miles of the Sea and not Entred such Wool shall be seised and forfeited and the Persons claiming the same shall give Security in the Exchequer if Cast upon a Tryal to pay treble Costs over and above the Penalties and Forfeitures VII If any Person be prosecuted in the Execution of this Act he may Plead the General Issue and give the Special Matter in Evidence which if done in pursuance of this Act the Jury shall find for the Defendant and in such Case or if the Plaintiff be Non suit or Discontinue the Defendant shall have treble Costs VIII All Forfeitures and Penalties in this Act shall be One third to the King the other Two thirds to the Person that shall seise or sue for the same in any the Courts of Record at Wesiminster IX The King may cause such Persons as shall be Guilty of Transporting any Wool Wool-Fells Fullers Earth or Scouring Clay to be prosecuted at any time within Three years after the Offence committed X. After the said 24 Jun. All Owners of Wool Shorn Laid up or Lodged within 15 Miles of the Borders of Scotland shall give an exact Account of the number of Fleeces and where Lodged to the Persons appointed pursuant to the Act of 1 W. M. Intituled An Act for the better Preventing the Exportation of Wool and Encouraging the Woollen Manufactures of this Kingdom Continued by an Act made 4 5 W. M. Intituled An Act for Reviving Continuing and Explaining several Laws therein mentioned which were Expired and near Expiring Which said Act was further continued by an Act of 7 W. 3. Intituled An Act for the more effectual preventing the Exportation of Wool and for the Incouraging the Importation of Wool from Ireland Which Persons shall give Attendance for that Purpose at the several Ports and Market Towns within the foresaid Distance and shall make a true Entry of such Wool in a Book for that purpose And the Owners of such Wool neglecting or refusing to give such Account or removing such Wool after notice given without Licence shall forfeit 3 s. for every pound weight of such Wool And all the Wool found within the Distance aforesaid of the Borders of Scotland not Entred shall be forfeited One third to the King and the other Two thirds to those who shall sue for the same in any the Courts of Record at Westminster XI The Hundred of Winchelsea in the Cinque-ports being divided by a Navigable Arm of the Sea shall be taken in respect to the said Act of 7 W. 3. as two distinct Hundreds viz. the part of the one side of the said Arm and that on the other Each as an intire Hundred and the Penalties for suffering such Exportations shall be Levied on that part of the said Hundred only which lies on the same side of the said Arm out of which such Exportation was made and permitted But the said Hundred shall not he divided in any other particular but in this only A TABLE Of the General HEADS And particular REFERENCES A. ABatement Vide Partition § 3. Suits s 6 7. Actions vid. Suits Additional Impositions vid. Taxes § 125 126 321. Administrations to Seamen and Soldiers vid Stores § 7. Taxes s 361. Ad quod Damnum vid Highways § 23. Administrators vid. Suits § 5. Affidavits vid. Taxes § 163. African Company vid. Coin § 1. Trade s 21 26 29 30 35 37. Agreements vid. Creditors § 8 10 11. Alamodes vid. Lustrings Aliens Duties vid. Taxes § 122. Alms-houses vid. Taxes § 46. Ambassadors to India vid. Trade § 137. Annuities Page 1. Annuities vid. Excise § 36. Taxes 11.26 89 203 204 205. 206 207 209 301 302 401 404 405. Trade s 123. Apothecaries vid. Taxes § 5. Appeals vid. Poor § 5 6 Salt s 2. Taxes s 41 112 247 418 436. Apprentices vid. Poor § 5. Appropriation of Taxes and Duties c. vid. Customs § 38 39. Excise s 36 37 39 57 Taxes s 97 119 142 147. 149 151.161 366 404 465. Trade s 105 147. Arbritration pag. 4. Archbishop of Canterbury vid. Churches § 2.3 Army vid. Aunuities § 9. Artillery Company vid. Squibs § 5. Assassinates vid. Imprisonment § 1. Treason § 3. Assault vid. Suits § 1. Assignments of Talleys vid. Taxes § 163. Association vid. Brokers § 3. Auditor of the Exchequer vid. Exchequer § 5 9 14. Auditors and Receivers vid. Taxes § 75 256 473. B. BAdge for the Poor vid. Poor S. 2. Bail vid. Prisons § 4. Bank Bills vid. Taxes § 134 136. 140 Trade § 148. Bank of England vid. Oaths § 4. Taxes s 132 133 134 137 140 141 142 143 150 152 155 156 159. Bankrupt vid. Taxes § 154. Bank Stock vid. Taxes § 143 144. Barbadoes vid. Customs § 56. Barbary vid. Trade § 39. Bargains vid. Brokers § 1. 2 11 1● Batchelors and Widowers vid. Taxes § 131. Beer and Ale vid. Excise § 3. s 401. Bills of Credit vid. Exchequer Bills Bills of Exchange vid. Taxes § 360. Trade s 20. 136. Birdlip vid. Highways § 25. Bishop of London vid. Churches § 2 3 4. Blackwell-Hall pag. 4. Plancht Copper vid. Coin § 27. Blasphemy and Profaneness vid. Religion § 1. Bone-Lace Point or Cutwork vid Trade § 9 10 11 12 13 14. Branches of the Revenue vid. Customs § 56. Breach of Covenants vid. Suits § 8. Bridle-cutters vid. Taxes § 193 194 195. Bridgwater Pag. 6. Broad-Arrow vid. Stores § 1. Brokers pag. 8. Brokers vid. Taxes § 5 164. 421. Burlington pag. 11. Building of Ships vid. Ships § 14. C. CAnvis vid. Stores § 1. Capitation vid. Taxes § 1. Certificates into the Exchequer vid. Taxes § 51. Cortioraries vid. Justices of Peace § 2. Chamberlains of the Exchequer vid. Exchequer § 4.13 Chancellor of the Exchequer vid. Churches § 3. Ships § 3. Chancery Officers vid. Taxes § 68. Charcoal vid. Ships § 5. Chirurgeons vid. Taxes § 5. Churches pag. 13. Cider and Perry vid. Excise § 14 15. Cinque-ports