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
four days the Goods to be appraised by two or more Inhabitants and to be sold and the overplus above the Assesment and Charges of Distress to be immediately restored to the Owner Churches I. STat. 8 9 W. 3. cap. 14. For Compleating the Building and Adorning the Cathedral of St. Paul London and for Repairing the Cathedral of St Peter Westminster It is Enacted That for all Coals and Culm Imported into the Port of London from the 29th of September 1700. until the 29th of September 1716. there shall be paid for every Chalder of Coals or Culm One Shilling and for every Tun of such as are sold by Weight One Shilling which said Imposition of One Shilling shall be Levied and Paid in such manner and form and under such penalties as are exprest and directed by the Act 1 Jac. 2. cap. 15 The Articles Rules and Clauses of which Act except otherwise hereafter provided shall be of such force and effect as if the same were particularly set down and Enacted by this Act. II. All Moneys Levied by this Act shall be disposed as herein after mentioned And the Archbishop of Ganterbury the Bishop of London and Lord Mayor of London for the time being or any two of them shall have such Powers and Authorities unless otherwise herein after directed as they had by the said former Act. III. One Sixth part of all Moneys which shall be raised by virtue of this Act shall be appropriated and disposed to the Repairing of the Collegiate Church of St. Peter in Westminster and the said Archbishop of Canterbury Bishop of London and Lord Mayor of London for the time being or any two of them shall during the Continuance of this Act pay or cause to be paid to the Chancellour of the Exchequer the Lord Chief Justice of the Kings Bench and the Dean of the said Church for the time being Commissioners hereby appointed for Repairing the said Church the said Sixth part of such Moneys by Quarterly Payments the first Payment to be made on the Thirtieth of December 1700. Which said Money shall be laid out and expended in Repairing the said Collegiate Church And the like Books of Accounts to be inspected by any person gratis shall be kept by the Commissioners and the like Abstract of such Books of Accounts shall be yearly transmitted into the Exchequer in such manner as is directed to the said Archbishop Bishop and Lord Mayor in the aforesaid Act. IV. The said Archbishop Bishop and Lord Mayor may deduct yearly out of the sums to be by them paid as aforesaid one Sixth part to their Deputies and Officers for their Collecting the Duties hereby continued and Inspecting the Coal-Meters V. The said Commissioners or any Two of them may by Indenture under their hands and seals engage the Profits arising out of the sums hereby Granted towards the Repairing of the said Collegiate Church as a Security for Money by them to be borrowed for the intent and purpose aforesaid which Money is to be imployed accordingly VI. A sum not exceeding Three thousand Pounds part of the Duty hereby Granted shall in Four Years be paid towards the Building the Parish-Church of St. Thomas in Southwark according to such Directions as the President Treasurer and Governours of the Hospital there with allowance of the foresaid Archbishop Bishop and Lord Mayor or any two of them shall approve and allow VII After the 29th of September 1697. the Stipend or Allowance of the Surveyor General of the Building of the said Cathedral of St. Paul shall be paid one Moiety yearly and the other Moiety in one intire sum within Six Months after the finishing the said Cathedral and not before Coin I. STat. 8 W. 3. cap. 1. The Act past in the First Sessions of this present Parliament Intituled An Act for taking off the Obligation and Encouragement for Coining Guineas for a certain time therein mentioned and all things therein contained except what relates to the Recompences by the said Act appointed to be applied to the Silver Mints and what concerns the African Company shall be Repealed and utterly made Void and all persons may freely Import into this Kingdom Guineas and Half-Guineas as they might before the making the said Act. II. The Master and other Officers of the Mint in the Tower of London shall on or before the Tenth day of November 1696. prepare and set apart one or more Mill or Mills with other Conveniencies to be imployed for the Coinage of Gold which shall be brought thither by any persons Natives or Foreigners to be Received in Coined and Delivered out in such manner as by the Statute made 18 Car. 2. is directed so that the Course in Coinage of Gold and Silver be kept in distinct Accounts and not interfere and such Coining and Delivering out of Gold in a distinct Course although there be Silver remaining there Uncoined shall not be interpreted any undue Preference any thing in the said Statute of 18 Car. 2. notwithstanding III. Stat. 8 W. 3. cap. 2. All Hammered Silver Money Clipped or Unclipped as shall be brought to any of his Majesties Mints between the Fourth of November 1696. and the First of July 1697. shall be received there at the Rate of 5 s. 4 d. per Ounce Troy IV. All his Majesties Receivers or other Officers concerned in the Receipt or Collection of his Majesties Aids Taxes or other Revenues or of any Loans shall and are hereby required to receive in payment all such Hammered Silver Coin as shall be Tendred for any Aids Taxes or other Revenues or upon Loans at any time after the Fourteenth of November 1696. until the First of February next following as to Loans and all Arrears of Aids Taxes or Revenues due before the said First of February and until the First of June then next following as to all future Aids Taxes and other Revenues at the Rate of 5 s. 8 d. per Ounce And the Tender Payment or Loan of every Ounce of such Hammered Silver Coin shall be as good for the sum of 5 s. 8 d. as if the said sum of 5 s. 8 d. had been Tendred Paid or Lent in Lawful Current Coin V. After the First of December 1696. no Hammered Silver Coin of this Kingdom shall be Current in any Payment except such as before mentioned otherwise than by Weight only after the Rate of 5 s. 2 d. per Ounce of Sterling Silver VI. All such Hammered Money consisting only of Pieces having both the Rings or the greatest part of the Letters or Six Pences of Sterling Silver not Clipt within the innermost Ring as have been before the Eighteenth Day of November 1696. actually received by any Commissioner Receiver General or other Receiver or Collector by Tale for any Publick Tax or Revenue whatsoever shall and may be paid by them by Tale and not by Weight within the times hereafter following viz. Every particular Receiver or Collector shall have time to make his Payments to the Head Collector
Bills brought in so to be cancelled And as to the Interest that shall have incurred on the said Old Bills to their being brought in it shall be so computed as to abate what did accrue whilst they lay in any of the Receivers or Collectors Hands or in the Exchequer and shall be written on the said New Bills XXXIV Stat. 9 10. W. 3. cap. 21. Any person to whom any piece or pieces of Silver Money shall be tendred being diminisht otherwise than by Wearing or by the Stamp Impression Colour or Weight suspected to be Counterfeit may cut break or deface such Piece or Pieces And thereupon appearing Counterfeit the Tenderer shall bear the Loss but being of due Weight and appearing Lawful Money the person who cut it shall take it for what it was Coined for XXXV If any Dispute arise whether the Piece so cut be Counterfeit it shall be determined by the Mayor Bailiffs or Chief Officer of the Place where Tendred if a City or Town Corporate or if not then by the next Justice of Peace of the County XXXVI The Tellers of the Exchequer their Deputies and Clerks and the Receivers General of his Majesties Revenue shall cut break or deface every piece of Counterfeit or unlawfully diminisht Silver Money Tendred them in Payment for his Majesties Use And the said Tellers and Receivers General their Deputies and Clerks shall weigh all Silver Money by them Received and the same or any piece thereof appearing by the Weight or otherwise to be Counterfeit or Unlawfully Diminisht shall not be received by or from them in the Exchequer XXXVII The Act made the last Session of this present Parliament Intituled An Act for the better Preventing the Counterfeiting the Current Coin of this Kingdom and every Article thereof shall be in Force till 25 March 1701. and thence to the end of the next Session of Parliament XXXVIII Stat. 9 10 W. 3. cap. 33. No persons shall after 24 June 1698 and before 24 June 1699. Coin or make or cause to be coin'd or made any Farthings or Half-pence or tokens to go for Farthings or Half-pence of Copper or any other Metal whatsoever on pain of forfeiting Five Pounds for every Averdupoize Pound Weight of such Farthings and Half-pence so Coined one Moiety to the King the other to such persons as will sue for the same XXXIX The Contractors for making or coining of Copper Farthings and Half-pence shall not by virtue of any Agreement made with his Majesty and the late Queen for giving in Exchange to his Majesties Subjects weekly Farthings and Halfpence made of Copper for Farthings and Half pence made of Tin be obliged to perform such Exchange for so many weeks only as are between the said 24 June 1698. and the said 24 June 1699. Creditors I. Stat. 8 9 W. 3. cap 18. Two thirds or more in Number and Value of all real Creditors their Executors Administrators Guardians and Trustees and other Persons Authorized by them may make such Compositions as they think fit with their Debtors who being unable to pay the whole are withdrawn or absconded or are Prisoners for Debt before 17 Nov. 1696. II. Which Composition being for the Equal Benefit of all the Creditors and Subscribed and Sealed by the said Two thirds without any fraudulent Agreement shall be Binding III. And all persons Subscribing and Sealing such Composition shall within Twenty days after being required thereunto in writing before two Witnesses by any of the Creditors make Oath in writing before a Master in Chancery Ordinary or Extraordinary on what account their Debts became due and that they neither have nor are to receive any greater advantage than the said Composition Which Oath shall be made and filed in Chancery at the charges of the requirer within twenty days and the persons forswearing themselves shall suffer as for Perjury IV. Persons refusing to make such Oath or claiming a greater Debt than due or receiving or agreeing to receive a greater advantage than the said Composition their Subscription shall be void they shall forfeit 100 l. and treble the Value fraudulently claimed received or agreed to be received with full Costs of Suit to the Creditors suing for the same and the Money so recovered over and above the Charges shall go to the Creditors Contributing thereto V. Where any Debtor compounded with shall be kept in Prison contrary to such Composition the Lord Keeper Master of the Rolls or any of the Judges may in presence of the Creditor or absence if lawfully Summon'd discharge such Debtor out of Prison upon producing such Composition and Schedule of Debts upon Oath and swearing the cause of Imprisonment to be only for such Debts and the Creditor shall pay the Charges of such detaining and the Keeper of the Goal is to Attend with and Discharge such Prisoner under penalty of 5 l. a day VI. Persons Sued for any thing done in prosecution of this Act the Plaintiff being Nonsuit or Cast shall pay treble Costs VII Provided this Act shall not make void any Securities by Mortgage Pawn Judgment Statute or Recognizance or otherwise whereby the Lands Tenements Hereditaments Goods and Chattels of such Debtors may be charged so as the same affect not the person of the Debtor Compounded with VIII And provided that Agreements already made between Debtors and Creditors shall be of Force subject to the Benefits of this Act for enforcing such Agreements IX Stat. 9 10 W. 3. cap. 29. After 24 June 1698. The Act made in the second Session of this present Parliament held 8 9 W. 3. Intituled An Act for Relief of Creditors by making Compositions with their Debtors in case Two thirds in Number and Value do Agree and every Clause Matter and Thing therein contained shall be Repealed Determined and of no Force X. This Act shall not make void any Agreement or Composition made bona fide before the said 24 June nor any Order for the Discharge of any Debtor out of Custody made in pursuance of such Composition by virtue of the abovesaid Act or within the saving or benefit thereof before the said 24 June But every such Composition whereupon any such Order of Discharge is made shall be good and effectual and every such Order of Discharge is hereby Confirmed and every such Composition whereupon no such Order of Discharge shall be made shall be of the same force as if this Act had not been made Nor shall it Pardon or Discharge any person who before the said 24 June shall Incur any Penalty by committing any Offence against the said Act. XI No Persons Discharged by virtue of the said Act before the said 24 June shall be deemed to be Discharged thereby who to procure any Agreement or Release from their Creditors have before one of the Judges or one of the Masters in Chancery corruptly made any false Oath to the Defrauding their Creditors but every such Agreement and Release obtain'd upon a false Oath by any person being
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
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