Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	defendant_n	plaintiff_n	3,071	5	10.8111	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

the Action shall not abate if such Action might be originally Prosecuted against his Executors or Administrators and the Executors or Administrators of such Plaintiff after such Interlocutory Judgment may have a Scire facias against the Defendant if Living or if Dead against his Executors or Administrators to shew cause why Damages should not be Assest and Recovered against him or them and if he or they do not appear at the Return and shew sufficient Cause to Arrest the Final Judgment or being Returned Warned or upon Two Writs of Scire facias it being Return'd that the Defendant had nothing whereby to be Summon'd or could not be found a Writ of Enquiry of Damages shall be Awarded which being Executed and Return'd Judgment final shall be given for the said Plaintiff his Executors or Administrators VII If there be Two or more Plaintiffs or Defendants and one dye if the cause of Action survive to the surviving Plaintiff or against the surviving Defendant the Writ or Action shall not abate but such Death being suggested upon the Record the Action shall proceed VIII In all Actions after the said 25 day of March Prosecuted in any of the Kings Courts of Record upon any Bond or Penal Sum for Non-performance of Covenants the Plaintiff may Assign as many Breaches as he shall think fit and the Jury at the Tryal shall and may Assess Damages for such of the said Breaches so Assigned as the Plaintiff at the Tryal shall prove Broken and the like Judgment shall be Entred on such Verdict as hath been usually done in such Actions And if Judgment be given for the Plaintiff upon Demurrer Confession or Nihil dicit the Plaintiff upon the Roll may suggest as many Breaches as he shall think fit upon which shall Issue a Writ to Summon a Jury to Appear at the Assizes of that respective County to inquire of the truth of every one of those Breaches and to Assess Damages accordingly and the Justices of Assize shall make a Return thereof to the Court from whence the same Issued In case the Defendant after such Judgment Entred and before Execution Executed shall pay into Court such Damages so Assessed and Costs of Suit a stay of Execution shall be Entred upon Record Or if by reason of Execution Executed the Plaintiff or his Executors or Administrators shall be fully paid all such Damages together with his Costs and reasonable Charges the Body Lands and Goods of the Defendant shall be forthwith discharg'd and the Satisfaction enter'd upon Record Yet shall such Iudgment stand and be as a further Security to Answer to the Plaintiff his Executors c. such Damages as shall or may be sustain'd for further Breach of any Covenant in the same Deed or Writing contain'd upon which the Plaintiff c. may have a Scire facias upon the said Judgment against the Defendant his Heir Terre-Tenants Executors or Administrators suggesting other Breaches and to Summon them to shew Cause why Execution shall not be Awarded upon the said Judgment upon which there shall be the like Proceedings as aforesaid and upon payment of Damages and Costs Proceedings to be again stay'd and so toties quoties and the Defendant discharg'd out of Execution Taxes I. STat. 8 W. 3. cap. 6. All persons of what estate degree age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed not receiving Alms shall pay unto his Majesty his Heirs and Successors within the space of One Year from 25 Jan. 1696. the sum of 4 s. 4 d. by Monthly payments of 4 d. per Month reckoning 28 days to each Month the first payment to be 22 Feb. 1696. II. Over and above which Duty of 4 d. per Month all Servants and Journeymen except Day-Labourers having 4 l. per ann Wages or upwards and not exceeding 8 l. per ann shall pay for the same 13 d. per l. for One Year by like Monthly payments of 1 d. per l. And for more than 8 l. per annum Wages and not exceeding 16 l. per ann the sum of 2 s. 2 d. per l. by like Monthly payment of 2 d. per l. And for more than 16 l. per ann Wages the sum of 4 s. 4 d. per l. by like Monthly payments of 4 d. per l. III. All persons having or claiming any Pension Annuity Stipend or other yearly payment out of the Exchequer or any Branch of his Majesties Revenue except Rents issuing out of Lands Tenements or Hereditaments or charged upon the same and such Annuities as are or shall be exempted by Act of Parliament shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. IV. All persons that have or are to have receive or enjoy any Salary Fee or Wages or any Perquisites Allowances Poundage Gratuities Rewards Emoluments Income or Profits whatsoever arising by any Commissions Offices or Imployments Ecclesiastical Civil or Military under his Majesty his Heirs or Successors or under the Queen Dowager the Prince or Princess of Denmark or under Lords of Manors or any other persons and all their Clerks Deputies Assistants and Substitutes except Military Officers in Muster in the Army Navy or Ordnance shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. V. All Sergeants at Law Barristers Attorneys Sollicitors Publick Notaries Scriveners Chancellors Commissaries Officials Registers Advocates Proctors Apparitors or practising as such Brokers to Merchants Factors and other persons acting by Commission from Merchants All Practicers in Physick and Chirurgery Apothecaries and all other Professions not charged by the last foregoing Clause shall pay 4 s. 4 d. for One Year for every 20 s arising by their Practices or Professions by like Monthly payments of 4 d. per l. VI. All persons having any Estate in Ready Money or in Debts at Interest within or without the Realm or owing upon Mortgages Judgments Statutes Recognizances Bonds Bills Notes or other Securities for Money at Interest except Loans and Debts from his Majesty and Arrears of Rent shall pay 25 s. for One Year for every such 100 l. by Twelve Monthly payments of 2 s. 1 d. for every 100 l. and so proportionably for a greater or lesser Sum a Farthing per l. each Month the first payment to be 25 Febr. 1696. And thenceforth the 25th day of each Kalendary Month deducting only such Debts as are really and bona fide owing from such person or persons at Interest VII All persons using or exercising any Trade Mystery Occupation or business of Merchandising Shopkeeping or other Buying or Selling by wholesale or Retail shall pay 50 s. for One Year for every 100 l. value in Goods Wares Merchandizes Commodities Manufactures or Vendible Stock and proportionably for a greater or lesser Value by Twelve like Kalendary Monthly payments of a Halfpeny for every Pound value or 4 s. 2 d. for every

Contributions for the said Tickets And if such Contributions before 24 June 1697. be not sufficient to pay the said Loans with Interest such Loans shall be satisfied out of the Duties on Malt brought in in specie And so many Tickets not deliver'd out as are equal to such Principal Money unsatisfied to be Cancelled and the rest Drawn and proportion'd accordingly Which Money so Lent to His Majesty to be part of the Sum appropriated to his Majesties Houshold and other his necessary Occasions LIX Every Round Bushell 8 Inches and ½ wide throughout and 8 Inches deep shall be esteem'd a Winchester Bushel LX. The 1400 l. in Hammer'd Money paid into the Custom-house of Exon by Daniel Ivry and Henry Arthur Merchants before 4 May last shall be receiv'd by Tale by the Collector there and be carried to the Mint to be Coin'd into Mill'd Money Hawkers and Pedlars Vide Taxes Stat. 8 9. W. 3. cap. 25. Hay Market I. STat. 8 9. W. 3. cap. 17. After 25 March 1697. Every Cart Load of Hay that shall stand to be Sold in the Street called the Hay-Market in the Parishes of St. Martins in the Fields and St. James's within the Liberties of Westminster shall Pay 3 d. and every Cart Load of Straw 1 d. in ease of the Parishioners of the said Parishes for and towards the Paving and Amending the said Street II. Every Cart Load that Pays and is not Sold shall not Pay the next Market Day for standing III. Upon refusal of Payment the Offenders Goods may be Distrain'd by Warrant of any Justice of Peace of Middlesex or Westminster and Sold within Three Days after Distress returning the Overplus IV. The said Street shall be Construed to extend in Length from the Old Toll Post at the upper end of the Hay-Market to the Phaenix Inn at the lower end and in Breadth from Kennel to Kennel which shall be esteemed the Bounds of the said Market V. A Hand-Bell shall be Rung by the Toll-gatherer about the Market Twice a Day on every Market Day viz Tuesday Thursday and Saturday weekly at One Hours Distance to give Notice of the time of ending the Market according to the Stat. 2 W. M cap. 8. In default of such Ringing Persons Selling Hay or Straw shall the next immediate Market Day Stand and Sell Toll-free VI. All Forfeitures given by the foresaid Act shall be Demanded in the said Market by the Bell-Ringer on the same Day on which they are incurr'd and Complaint shall be made of the Offence to some Justice of the Quorum in Westminster before the next succeeding Market Day or else no person shall be liable to such Forfeitures VII The Collectors of the said Toll shall yearly at every Easter Sessions give to the Justices of Peace of the said County and City a particular Account upon Oath of their Receipts and Disbursements and the Overplus to go to the County of Middlesex High-ways I. Stat. 8 9 W. 3. cap. 15. The Justices of Peace at their next Sessions for the County of Surrey shall Appoint Surveyors of the High-ways for the year ensuing pursuant to the Statute 3 4 W. M. cap. 12. who shall meet and Survey the Lanes leading from Woodhatch Borough to Sidlow Mill and Salmons Cross in the Parish of Ryegate and the Lanes called Horsehill and Bonehurst and Petteridge in the Parish of Horley in the County of Surrey and make their Certificates thereof to the Justices who thereupon shall make such Orders in and about the same as to them shall seem good II. The Surveyors shall require such Carts and Persons as are liable to work in the High-ways to work in the respective Places paying according to the usual Rate of the Country III. Where there is not sufficient Gravel Chalk Sand or Stones to be found in the proper Parish the Surveyors or whom they shall Appoint may Dig Take and Carry away the said Materials By direction of the Justices out of the Waste or Common of any Neighbouring Parish paying a reasonable Satisfaction for the same and filling up the Ground if directed or desired IV. The Justices at their special Sessions shall Appoint one or more Receiver or Receivers of Toll viz. Of every Horse 1 d. Coach 6 d. Calash or Chariot 6 d. Waggon or Cart 6 d. Score of Sheep or Lambs 1 d. and so proportionably Score of Calves 2 d. Score of Hogs 2 d. and so proportionably for a greater or lesser Number not being under Five Score of Oxen or Neat Cattel 6 d. and so proportionably that shall pass through the said Way after the passing of this Act. The Place for Collecting the said Tolls to be at such convenient Place upon the High-way in or near the said Lanes as the Justices of Peace at their special Sessions shall appoint V. The Receivers or Collectors of the said Toll shall give a monthly Account upon Oath to one or more of the next Justices to be Return'd to and Examin'd by the Justices at the next special Sessions The Horse Cart c. of any Person refusing to pay the said Toll may be Distrain'd and Detain'd till the Toll and Damages of Distress be satisfied VI. The Surveyors shall at the next special Sessions Account to the Justices in Writing under their Hands for all Moneys Receiv'd of the Collectors and Disbursements in or about the said High-ways Paying the Overplus to the Surveyors for the year ensuing And the Justices shall make Allowances to them for their Care and Pains as to them shall seem good VII If the Collectors of the Toll shall not upon request duly pay the same to the Surveyors or in case the Surveyors shall not make such Account and Payments as the Justices shall Order the Justices upon due Proof may Imprison the Offenders VIII The Surveyors or the more part of them by Order of the Justices at their Special Sessions may engage the Profits arising by the said Toll by Indenture under their Hands and Seals for any Term not exceeding Fifteen years to any Persons who shall Lend any present Sum of Money at 6 per Cent. Which Money so Advanced shall be Distributed by the Iustices at their Special Sessions for the Purposes aforesaid IX Such as neglect or refuse having no Lawful excuse to take upon him the Office of Surveyor being thereunto chosen shall be Fined by the Justices not exceeding 5 l. to be Levied by Distress and Sale of Goods and in such case or in case of Death some other Person to be chosen Surveyor X. All Fines and Forfeitures Incurr'd by virtue of this Act shall be paid to the Surveyors for the time being for and towards the Repairing the said Lanes XI Actions brought against any Person for any thing done in pursuance of this Act shall be laid in the said County of Surrey and not elsewhere the Defendant may Plead the General Issue and give the Special Matter in Evidence c. and in case the Cause goes

for the Defendant he shall have double Costs XII Persons passing the Place where Toll is taken and returning the same day shall not Pay Toll twice nor shall Persons pay who pass with Carriages from any next adjoyning Parish going to Market or in Matters of Husbandry nor Soldiers upon their March nor Persons Riding Post XIII Persons Chargeable by Law towards Repairing of the said High-ways shall still remain so XIV This Act shall be of force no longer than for Twenty years and if the said Lanes shall be sooner amended and so adjudged by the Justices at their Quarter Sessions then after payment of the Money Borrowed the aforesaid Toll shall cease XV. The Justices of Surrey and also the Justices of Sussex shall yearly at the Epiphany Quarter Sessions if they think fit appoint Three Persons of each County to view the said Lanes and examine the Surveyors Accounts and in case they find any misapplication of the Moneys Levied by this Act to certifie the same to the Judges at the next Assizes for the County of Surrey who are to hear and finally determine the same XVI Stat. 8 9 W. 3. cap. 16. For enlarging Common High-ways It is Enacted that the Justices of Peace of any County City c. or the major Part of them Five at least at their Quarter Sessions may enlarge or widen any High-ways in their respective Counties c. So that the Ground to be taken into the said High-ways do not exceed Eight Yards in Breadth and that they do not pull down any House nor take away any Ground from Garden Orchard Court or Yard XVII For Satisfaction of the Owners the said Justices shall Impannel a Jury and Administer an Oath to them that they will Assess such Damages and Recompence to the Owners or others Interested in the Ground not exceeding 25 Years Purchase as they shall think reasonable c. And upon payment of the said Money so Awarded or leaving it in the Hands of the Clerk of the Peace of the County for the Use of the Owner the Interest of the said Owner shall be divested out of him and the said Ground shall be esteemed a Publick High-way to all Intents whatsoever XVIII And the said Justices shall order Assessments to be made and Levied upon all such persons that ought to Repair the said High-way and the Money thereby Raised shall be Imploy'd towards Purchasing the Land to enlarge the said High-ways and making Ditches and Fences The said Assessments to be Levied by the Overseers of the High-ways by Distress and Sale of Goods if not paid within Ten Days after Demand XIX No such Assessment shall in one Year exceed the Rate of 6 d. in the Pound for Lands nor 6 d. in the Pound for personal Estates XX. The said Justices at the Request of any Person for enlarging High-ways shall at their Quarter Sessions Issue out their Precepts to the Owners of Ground to be Laid to the said High ways to Appear and shew Cause why the said High-ways should not be enlarged XXI After an Order or Decree is made for the Laying out of Ground for enlarging High-ways the Owner hath Liberty in Eight Months after to Cut down any Wood or Timber growing upon the said Ground or upon neglect the Justices shall Sell it and deliver to the Owner the Value XXII Persons Agrieved by Order of the Justices may Appeal to the Judges of Assize at the next Assize only who may Affirm or Reverse the same and if they see cause to affirm to Award Costs against the Appellant XXIII Where any Common High-way shall be enclosed after a Writ of Ad quod Damnum Issued and Executed any person Injured or Agrieved by such Inclosure may Complain to the Justices at the Quarter Sessions next after such Inquisition who may hear and finally determine the same c. But if no such Appeal be made then the said Inquisition and Return Recorded by the Clerk of the Peace to be for ever Binding XXIV Justices of Peace at their respective special Sessions to be held by Virtue of the Stat. 3 4 W. M. cap. 12. in such Cases as they shall think necessary shall direct their Precepts to the Surveyors of the High-ways where Two or more Cross High-ways meet requiring them to erect where such Ways joyn a Stone or Post with an Inscription directing to the next Market Town to which each of the said Cross Ways lead And in case the Surveyor or Surveyors neglect or refuse so to do for the space of Three Months every such Offender shall Forfeit 10 s. to be Levied by Warrant of one Justice directed to the Constable requiring him to Distrain and Sell the Goods of such Offender and Imploy the Money to the said Purpose XXV Stat. 9 10 W. 3. cap. 18. The Justices of Peace at the Quarter Sessions for the County of Gloucester or any Five of them next after 1 May 1698. may then and every Year nominate and appoint Surveyors of the ruinous High-way and Road from the Town of Birdlipp and the Top of Crickley-Hill in the County of Gloucester to the City of Gloucester for the Year ensuing out of the Inhabitants of the adjacent Parishes who within one Week after Notice given them of their Election are to meet in their several Divisions to Survey the same and consider the best Method for Repair thereof and Certifie the same to the Justices at the next Quarter Sessions who thereupon shall make such Orders about the same as to them shall seem good which shall be observed by the said Surveyors and all others concerned in putting this Act in Execution XXVI The said Surveyors may appoint such Carts and Persons within the said adjacent Parishes to come and Work in the said respective Places as they shall think needful for which the Surveyors shall pay the usual Rate of the Countrey in case they shall be required to Work beyond the times limited by the Statutes XXVII Where there is not sufficient Gravel Sand or Stones in any Parish or Hamlet where the said ruinous places lye to Repair the same the said Surveyors and such as they shall appoint may dig and carry away any Gravel Sand or Stones out of the Waste or Common of any Neighbouring Parish or Hamlet without paying for the same and in Default thereof may dig the same in any persons Grounds not being an House Garden Orchard Yard or Meadow or Avenue to an House making only such reasonable satisfaction to the Owner or Occupier of such Ground as the Damage sustained thereby XXVIII The said Justices at the Quarter Sessions may appoint Receivers or Collectors of the Toll to be paid towards the said Work viz. For every Horse One Peny Every Stage Coach or Hackney Coach One Shilling Every other Coach Calash or Chariot One Shilling Every Wagon Six Pence Every Cart Six Pence Every Score of Hogs or Pigs Three Pence and so proportionably for a greater or lesser Quantity not under