Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	day_n	defendant_n	plaintiff_n	1,434	5	10.7453	5	false

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

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

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

Appeal shall be Determined or to whom such notice had been given such Costs and Charges as the said Justices shall think reasonable and if the person order'd to pay such Costs shall live out of the Jurisdiction any Justice of the Peace where such person shall Inhabit may and shall upon request and a true Copy of the Order for payment produced and proved upon Oath cause the Money mentioned in that Order to be Levied by Distress and in case no Goods can be found to Commit the person to Prison for Twenty Days IV. No unmarried person not having Child or Children lawfully hired into any Parish or Town for one year shall be deemed to have a good Settlement in such Parish unless he shall continue in the same Service during one whole year V. Where any poor Children shall be Appointed to be bound Apprentices pursuant to the Act of 43 Eliz. cap. 2. the Persons to whom they are appointed to be bound shall receive and provide for them according to the Indenture and upon refusal so to do upon Oath thereof made by a Churchwarden or Overseer before Two Justices he or she so Offending shall Forfeit 10 l. to be Levied by Distress and Sale of Goods to be Applied to the use of the Poor of the Parish where such Offence was Committed Saving to such persons their Appeal to the next Quarter Sessions for that County whose Order therein shall be final VI. After the 1 of May 1697 the Appeal against any Order for the Removal of any Boor person shall be had at the Quarter Sessions of the County or Division wherein the Parish or Place from whence such Person shall be removed doth lie and not elsewhere VII Nothing in this Act to extend to make void any promise already made to receive and take back any persons in case they should become poor or want Relief VIII Nor be construed to hinder the Justices of Peace within the Liberty of St. Albans from Hearing and Determining Appeals in their Quarter Sessions as they might have done before the making this Act. IX Stat. 9 10 W. 3. cap. 11. For Explaining the Act made the last preceding Session Intituled An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom whereby it was Enacted That such persons as after 1 May 1697. shall come into any Parish or Place to Inhabit or Reside should at the same time deliver to the Church-wardens or Overseers of the Poor there a Certificate as by the Act directed It is Declared That no persons who shall come into any Parish by any such Certificate shall be adjudged by any Act whatsoever to have procured a legal Settlement in such Parish unless such persons shall bona fide take a Lease of a Tenement of 10 l. per Annum or shall legally be placed in and execute some Annual Office in such Parish Prisons and pretended Privileged Places I. Stat. 8 9 W. 3. cap. 27. After 1 May 1697. All Prisoners in the Kings Bench or Fleet on Contempt Mesne Process or Execution shall be actually detain'd within the said Prisons or the Rules of the same till discharged by Law II. If after 1 May 1697. the Keeper of any Prison suffer any Prisoner Committed on Mesne Process or Execution to be out of the Rules except on a Habeas Corpus or Rule of Court it shall be deem'd an Escape III. After 1 May every person obtaining Judgment in an Action of Escape against the Marshal or Warden of the said Prisons of the Kings Bench and Fleet shall have not only the Remedies already allowed by Law but if such Judgment was obtain'd without fraud upon a real Debt the profits of the said Marshal or Warden or some fit part thereof shall be Sequestred towards Satisfaction of the said Debt with Costs and Damages IV. And after the said 1 May such Marshal or Warden Suing forth a Writ of Error for delay only shall put in special Ball or no Execution shall be stayed V. If the Keeper of any Prison take Money to connive at any Escape he shall Forfeit 500 l. and his Office VI. This Act shall not make void the Securities given by Prisoners for their Lodgings without the said Prisons of the Kings Bench and Fleet being within the Rules of the same VII After the said 1 May No Retaking shall be given in Evidence in an Action of Escape unless specially Pleaded and Oath made by the Keeper of the Prison That such Escape was without his Consent But if such Affidavit prove false such Keeper shall Forfeit 500 l. VIII If after 1 May any Prisoner in Execution Escape the Creditor may retake such Prisoner by any New Capias or may Sue forth any other kind of Execution IX Every Keeper's refusing after one days notice to shew the Prisoner in Execution to the Creditor or his Attorney shall be judged an Escape X. Persons desiring to Charge any Person with an Action or Execution shall at their request have a Note in Writing from the Keeper of the Prison whether such person be a Prisoner or not under Forfeiture of 50 l. And such Note shall be sufficient Evidence XI All Conveyances and Mortgages of the Inheritance of the said Prisons of Kings Bench and Fleet and their Appurtenances and all Leases thereof and the Titles of the Marshal and Warden or other Proprietor thereunto and all Trusts and Declarations of Trust touching the same shall be Inrolled before the 24 of June 1697. viz. That of the Kings Bench in the Kings Bench Court and that of the Fleet in the Common Pleas and also all such Conveyances c. for the future within six Months after executing the same or else to be void XII After the said 1 May the Offices of Marshal of the Kings Bench Prison and Warden of the Fleet shall be Executed by the Persons to whom the Inheritance of those Prisons c. belongs or their sufficient Deputies for whom the persons having such Inheritances shall be answerable and the said Inheritances and Profits shall be subject to make satisfaction upon Escapes and the Misdemeanors of such Deputies XIII After the said 1 May any Person having Cause of Action against the Warden of the Fleet may File a Bill in the Common Pleas or Exchequer and a Rule being given to Plead thereto within Eight Days Judgment shall be Sign'd against the said Warden if he Plead not within Three Days after such Rule is out XIV After the said 1 May Any person having Cause of Action against any Prisoner in the Fleet entring a Declaration and delivering a Copy thereof to such Prisoner in any personal Action or to the Turn-key or Porter of the Fleet after a Rule to Plead to be out at Eight Days and Oath made before a Judge of the Delivery of such Declaration may Sign Judgment against such Prisoner or Defendant XV. After the said 1 May No Prisoners shall pay Chamber Rent in the Kings Bench