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A49020 Com' Concil' tent' in Camera Guihald civitat' London' die Veneris septimo die Junij anno Dom' 1700 ... it is ordered, that the act of Common Council made in the mayoralty of Sir Robert Ducy Knight and Baronet, relating to the choice, election and confirmation of sheriffs for this city and county of Middlesex ... City of London (England). 1700 (1700) Wing L2861L; ESTC R39363 5,801 14

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the Time in that behalf accustomed and then and there take upon him the Office and Charge of Shrievalty of the said City and County That then the said Obligation shall be void Or if such Person so to be chosen or elected shall before the Lord Mayor and Court of Aldermen openly declare his Refusal to take upon him the said Office Then every such Person which shall make such Default in Appearance by which shall not become bounden or which shall declare his Refusal as aforesaid shall Forfeit the Sum of Four Hundred Pounds of Lawful Money of England to the Mayor and Commonalty of the same City to be Imployed to the Vses hereafter declared and expressed unless he shall be duly discharged of the said Office of Shrievalty for Want or Defect of Ability in Wealth upon Oath taken as is aforesaid Provided nevertheless and Be it Enacted Ordained and Established by the Authority aforesaid any thing in this Act to the contrary notwithstanding That if the Person so to be chosen or elected and making Default in appearing or denying to become Bounden or that shall declare his Refusal as aforesaid shall be an Alderman of this City at the time of his Choice or Election then every such Alderman so to be chosen or elected shall Forfeit the Sum of Six hundred Marks of Lawful Money of England to the Mayor and Commonalty of the same City to be imployed to the Vses hereafter in this Act Declared and Expressed All which Forfeitures or Penalties shall be recovered by Action or Bill of Debt Original to be commenced and prosecuted in any the Courts of Record of the King's Majesty or His Heirs and Successors within the said City And that the same Person or Persons so Offending or Refusing after such Forfeiture shall nevertheless remain Eligible yearly afterward to be Sheriff of the said City and County as if he or they had never been before Chosen or Elected to the said Office Provided also and it is likewise Enacted and Declared touching the Vses and Imployment of the said Forfeitures That if any such Default or Forfeiture shall be made as aforesaid by any Person that shall first in any Year be Chosen or Elected by the Lord Mayor for the time being to be Shrieve of the City of London and County of Middlesex That then One hundred Pounds parcel of such Forfeitures shall be given and bestowed upon such Person as shall first in the same Year accept to take upon him the said Office of Shrievalty And if it shall happen after such Acceptation of the said Office any other Forfeiture by Default or Refusal shall be made in the same Year by any person that shall be Chosen or Elected by the Lord Mayor Aldermen and Commons for the time being to be Sheriff of the said City and County of Middlesex That then One hundred Pounds parcel of such Forfeiture shall be given and bestowed upon such other Person as shall first after such Forfeiture in the same Year accept and take upon him the said Office of Shrievalty being thereunto Elected and Chosen by the Lord Mayor Aldermen and Commons of the same City And that all the Residue of the same Forfeitures and all other Forfeitures and Penalties for Refusal or making Default to appear denying to become bound or declaring Refusal to take the said Office of Shrievalty as is aforesaid shall be wholly and intirely Vsed and Imployed to the only Vse and Behalf of the Mayor and Commonalty and Citizens of the said City any Act Law or Ordinance to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Freeman of this City which shall incur any Penalty or Forfeiture before declared by Force of this Act shall not within Three Months next after such Forfeiture incurred well and truly pay unto the Chamberlain of the said City for the time being all such Penalties and Forfeitures to such Vses as in this Act is appointed and declared That then every such Person failing of such Payment shall over and above the said Penalties and Forfeitures before declared Forfeit and Lose the Sum of One hundred Pounds more to the Vse of the said Mayor and Commonalty to be Recovered in Form abovesaid And to the intent that no Alderman of this City shall in respect of Posteriority of Choice or Election to the said Office of Shrievalty be inferiour in Antiency or Preheminence to any Commoner and for other good Considerations It is therefore Enacted That the Lord Mayor of the said City for the time being shall not at any time hereafter choose or elect any Commoner of this City to be Sheriff of this City of London and of the County of Middlesex so long as there shall then be an Alderman of this City Eligible to the said Office Any former Law Custom Vsage or other Matter whatsoever to the contrary notwithstanding And to the intent that the Court of Lord Mayor and Aldermen of this City for the time being shall not be burdened or charged with any Vnkindness nor pestered with Importunate Suits if they shall refuse to relieve such Persons as shall make Default or deny to become bound or refuse to Accept of the said Office of Shrievalty as is aforesaid And for other good Confiderations it is likewise Declared and Enacted That the Court of Lord Mayor and Aldermen of this City for the time being have not nor shall have Power nor Authority in any case without the Assent of the Commoners in publick Common Council of this City first had and obtained to Dispense with Remit or Abate any of the said Forfeitures or any part thereof which at any time hereafter shall happen or grow Due by Force of this Act nor to give Respite of Payment thereof or of any part thereof above the Term of One Year at the most nor to give any Restraint or Delay of Suit to be commenced and prosecuted for Recovery thereof Goodfellow Commune Concilium tent ' in Camera Guihald ' Civitat ' LONDON die Veneris decimo quinto die Junij 1694. Annoque Regni Dom ' Willielmi Dom ' Mariae nunc Regis Reginae Angl ' c. Sexto Coram Will ' Ashhurst Mil ' Major ' dictae Civitatis Roberto Clayton Mil ' Patienc ' Ward Mil ' Will ' Pritchard Mil ' Roberto Jeffreys Mil ' Thoma Lane Mil ' Edvardo Clark Mil ' Francisco Child Mil ' Richardo Levett Mil ' Thoma Cook Mil ' Alderman ' Thoma Abney Mil ' VVill ' Hedges Mil ' Vic' Alderman ' dict' Civitat ' nec non major ' parte Communiar ' dictae Civitat ' in eodem Communi Concilio tunc ibidem assemblat ' WHereas by a Clause in an Act of Common Council made the Twentieth Day of July in the Seventh Year of the Reign of King CHARLES the First in the Majoralty of Sir Robert Ducy It was amongst other things Enacted in the Words following That the Lord Mayor of this City for the time being shall not at any time hereafter choose or elect any Commoner of this City to be Sheriff of the City of London and of the County of Middlesex so long as there shall then be an Alderman of the City Eligible to the said Office Which said Clause in respect of Accidents or Circumstances may not at all times be convenient to be practised And whereas by another Clause in an Act of Common Council made the Sixth Day of June in the Thirty fifth Year of King Charles the Second in the Mayoralty of Sir William Pritchard Knight It was amongst other things Enacted in the Words following That the Person who shall be Nominated and Elected according to ancient Vsage by the Lord Mayor of this City for the time being to be one of the Sheriffs of the City of London and County of Middlesex and such Election shall be declared to the Commons of the said City assembled in Common Hall upon the Twenty fourth day of June shall there by the said Commons be confirmed and allowed to be one of the Sheriffs of the said City and County accordingly And that upon proposing the said Person to be confirmed to the said Common Hall in case any Hands shall be holden up in token of Confirmation the said Person shall be taken to be confirmed and allowed and then another Person shall be chosen by majority of Hands to be the other of the said Sheriffs and to joyn with him that shall be so confirmed Which said Clause being not only repugnant to Reason but contrary to the Rules and Methods of Elections Be it therefore Enacted by the Mayor Aldermen and Commons in Common Council Assembled and by the Authority of the same That the said several Clauses before-recited and either of them and every Article and Thing contained in them or either of them shall be and are hereby Repealed Annulled and made Void And whereas by several Acts of Common Council the Election of Sheriffs Chamberlain Bridgmasters and Auditors of the Chamberlain and Bridghouse-Accounts and Aleconners are appointed on Midsummer-day yearly except the Sheriff or Sheriffs Chamberlain or other of the said Officers for the time being shall die or for just Cause be removed And whereas in some years as in this present year Midsummer-day happeneth to fall on the Lords Day commonly called Sunday which ought to be kept holy and is a necessary and required part of the Service of God and enjoyned by the Laws and Statutes of this Realm Be it therefore Enacted and Declared That from henceforth whensoever Midsummer-day shall happen to be on the Lords Day commonly called Sunday That the Election of the Sheriffs Chamberlain Bridgmasters Auditors of the Chamberlain and Bridghouse-Accounts and Aleconners shall be on the Day next following any Act or Acts or any other Vsage to the contrary notwithstanding Goodfellow Printed by Samuel Roycroft Printer to the Honourable City of London 1700.