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A39473 An exact abridgment of all the statutes of King William and Queen Mary now in force and use / by J. Washington.; Laws, etc. England and Wales.; Washington, Joseph, d. 1694. 1694 (1694) Wing E913; ESTC R23866 210,071 247

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required to make upon the Information of One Credible Witness upon Oath the Moiety of such Forfeiture to the Informer the other to go towards the Repairing of the High-ways and in such case the Justices shall nominate some other fit Persons to perform the Office who shall upon like notice take upon them the Office under the same Penalty And Constables Headboroughs c. or some of them who shall not return such Lists of Names every one of them so neglecting shall forfeit 20 s. to be levied in the manner and imployed to the Uses aforesaid III. No Persons shall lay in any High-way not 20 Foot broad any matter whereby the same may be obstructed or annoyed on pain to forfeit 5 s. to be levied and disposed as aforesaid IV. If any Timber Stone Hay Straw Stubble or other Matter for making Dung or on any other Pre●ence shall be laid in any such High-way the Possessors of the Lands next adjoyning shall remove and dispose of the same to their own Use And if they neglect to clear the way or to cleanse their Ditches c. adjoyning thereunto or to cause the earth taken thereout to be carried away and to lay sufficient Trunks or Bridges where there are Cart-ways into the said Grounds by the space of Ten days after notice given by any of the Surveyors they shall sorfeit 5 s. for every such Offence to be levied and disposed as aforesaid V. No tree Bush or Shrub shall be permitted to grow in any High way not 20 Foot-broad but shall be cut down by the Owner of the Land where it stands within Ten days after notice given by any of the Surveyors on pain to forfeit 5 s. to be levied and disposed as aforesaid VI. The Possessors of Lands adjoyning to High-ways not 20 Foot broad shall keep their Hedges pruned right up from the Roots VII Surveyors appointed as aforesaid shall within Fourteen days after their Acceptance of this Office and so from time to time every Four Months view the Roads Water-courses Bridges Cawseys c. within the Parish c. where he is a Surveyor that are to be repair'd by the Parish c. and present upon Oath in what Condition they find them to some Justice of Peace or to incur the same Penalty as if they had refused to execute the Office unless they have some reasonable Excuse to be allowed of by Two Justices of the Peace And what Defaults they shall find they shall the next Sunday after Sermon ended give publick notice of in the Parish-Church and if the same be not amended within Thirty days after such Surveyors shall within Thirty days amend the same and dispose of the Annoyances for the Repair of the High-ways and shall be reimbursed their Charges by the party who should have done the same And in case of refusal by the Party to pay such Charges the Surveyors shall apply themselves to a Justice of Peace and upon Oath before him made of notice to the Defaulter given as aforesaid the Surveyors shall be repaid such Charges as the Justice of Peace shall think reasonable to be levied as aforesaid VIII The Justices of Peace shall once in Four Months hold a Special Sessions and summon thereunto all the Surveyors of the High-ways and declare to them what they are obliged to do by Virtue of this or any former Act After which the Surveyors shall make a Presentment to them upon Oath of the state of the High-ways within their respective Parishes c. and what Offences and Neglects any are guilty of And before any Surveyor be discharged of his Office he shall at some such Special Sessions give an Account upon Oath of all Money that has come to his hands which ought to be imployed in amending the High-ways and how it has been disposed and if any remain in his hands he shall deliver it to the next Surveyors or in case of Failure shall forfeit double the Value to be levied and disposed as aforesaid IX Surveyors neglecting their Duty in any thing required by this Act shall forseit for every Ofence 40 s. to be levied and disposed as aforesaid X. If any Justice of Peace shall neglect or refuse to do what this Act requires he shall forfeit 5 l. one Moiety to the Prosecutor the other to be imployed for the Amendment of the High-ways where the Person who sues shall inhabit to be recovered in any of Their Majesties Courts of Record by Action of Debt c. XI Surveyors of the High-ways where the Ditches and Drains already made are not sufficient to carry off the water may make new ones through the Lands adjoyning and keep them open and come upon the Grounds with Workmen for so doing XII Upon notice given by the Surveyors to the Justices at their Special Sessions and Oath made of what Sums they have expended in Repairing the High-ways the Justices or any Two of them may by Warrant cause an equal Rate to be made to reimburse them where they are forced to lay out their Money according to the Methods prescribed in an Act made the 43 of Eliz. Entituled An Act for the better Relief of the Poor of this Ringdom and if any refuse to pay what shall be assessed on him the Surveyors shall levy the same by Distress or Sale of Goods XIII No Fine Issue Penalty or Forfeiture for not amending High-ways shall be returned into the Exchequer or other Court but shall be levied into the hands of the Surveyors to be applied towards the Amendment of such High-ways And if any such Fine c. imposed on any Parish c. for not repairing the High-ways shall be levied on one or more of the Inhabitants upon Complaint to the Justices of the Peace at their Special Sessions they or any two of them may by Warrant cause a Rate to be made to reimburse them which the Surveyors shall levy and pay within a Month after the making thereof XIV The Surveyors shall make every Cart-way leading to any Market-Town Eight Foot wide at least and as near as may be level XV. Inhabitants within the Weekly Bills of Mortality Brewers Scavengers and others imployed in carrying away the Dirt and Soil of the Streets c. may use any Cart Carr or Dray with Wheels shod with Iron and narrower then 6 Inches in the Fellies and drawn with more then Two Horses any Act Law or Usage to the contrary notwithstanding XVI Where the Justices of Peace at their General Quarter-Sessions shall be satisfied that the High-ways c. cannot be sufficiently amended without the help of this Act Assessments upon Persons usually rateable to the Poor shall be made and levied by such Persons and in such manner as the Justices at such Sessions shall direct and appoint the Money to be raised to be imployed according to their Orders for repairing the High-ways c. The said Assessments if not paid within Ten days after Demand to be levied by Distress and Sale of Goods rendring the
Overplus Charges deducted XVII No such Assessments to be made in any one year shall exceed 6 d. in the Pound of the yearly Value of Lands c. nor of 6 d. for 20 l. in personal Estate XVIII If any Persons find themselves aggrieved by such Assessments or any Act by the Justices of Peace the Justices of Peace at their General Quarter-Sessions shall take order therein which shall conclude all Parties XIX None shall be punished for any Offence against this Act unless he be prosecuted within six Months after the Offence committed nor shall any person punished by Virtue of this Act be punished for the same Offence by Virtue of any former Law XX. No Horse-cawsey shall be under Three Foot in breadth XXI The Justices of Peace for Middlesex may at their Quarter-Sessions make Rates for paving Kensington in such manner as is directed by an Act made in the second Year of Their Majesties Reign for Paving and Cleansing the Streets of London and Westminster XXII All matters concerning High-ways c. shall be determined in the County where they lie and not elsewhere and no Presentment Indictment or Order made by Virtue of this Act shall be removed by Certiorari out of the County XXIII The Justices of Peace of every County at their Quarter-Sessions after Easter yearly shall assess the Prices of all Land-Carriage of Goods to be brought into any place within their Jurifdictions by any common Waggoner or Carrier and shall certifie such Rates to the Mayors or other chief Officers of every Marke●-Town and Waggoners or Carriers taking more then what shall be so assessed shall forfeit for every such Offence 5 l. to be levied by Distress and sale of Goods by Warrant of Two Justices to the Use of the party grieved XXIV In Actions commenced against any persons authorized to put this Act in Execution the Defendants may plead the General Issue and give this Act and the special Matter in Evidence and if the Plaintiff be Non-suit or forbear prosecution or discontinue or a Verdict pass against him the Defendant shall recover his double Costs XXV Stat. 4 5 W. M. cap. 9. The Toll mentioned in the Act made in the 15th year of the Reign of K. Charles II. Entituled An Act for Repairing the High-ways in the Counties of Hertford Cambridge and Huntington And in an Act made in the 16th and 17th years of the said late King for Continuance of the said Act to be taken at Wades Mill in Hertford-shire shall be revived and taken again in the manner by the said Acts mention'd for Fifteen years the Moneys thereby arising to be employed according to the Tenor of the said Acts. XXVI Provided that if the said High ways before the end of Fifteen years be in sufficient Repair and an Adjudication be made thereof at the Assize or General Quarter-Sessions of the County as is provided by the said Statute of 16 and 17 Car. II. the said Toll shall from thenceforth cease XXVII The several Officers and Persons impowered by the said former Acts so far as relates to the County of Hertford shall have the like Powers by Virtue of this Act and all Clauses in the said Acts concerning the Collecting Paying Ingaging or Accounting for the said Toll shall by Virtue of this Act be renewed and put in Execution as if here again repeated High-way-men I. Stat. 4 5 W. M. cap. 8. Every Person who shall apprehend one or more High-way-men and prosecute them till they be convicted shall have from the Sheriff of the County where such Conviction shall be without paying any Fee 40 l. within a Month after such Conviction and Demand thereof made by Certificate under the Judges Hand before whom such Conviction shall be and if any Dispute arise between the persons apprehending such Felons touching their Right to the said Reward the Judges certifying shall in their Certificate direct the Reward to be paid amongst them in such Proportion as they shall think reasonable And if any such Sheriff shall die or be removed before the end of the Month the Reward being unpaid the succeeding Sheriff shall pay it within a Month after Demand and Certificate as aforesaid The Sheriff in case of Default of payment shall forfeit double the Sum he ought to pay to the Persons to whom the Reward is due to be recovered by Action of Debt Bill Plaint or Information c. with treble Costs of Suit II. If any person shall happen to be killed by such High-way-man endeavouring to apprehend him his Executors or Administrators upon Certificate under Hand and Seal of a Judge of Assize for the County or of two next Justices of Peace shall receive the said Sum of 40 l. and in Failure of payment shall recover double the Sum with treble Costs of Suit as aforesaid III. The Sheriffs to be Allowed the said Sums of 40 l. upon their Accounts without Fee or Reward IV. If upon the Account of any Sheriff there shall not be sufficient in his Hands to Reimburse him the same shall be Paid by the Commissioners of the Treasury out of the Revenue of the Crown upon Certificate from the Clerk of the Pipe V. Persons Apprehending or Convicting such Robbers as a farther Reward shall have their Horses Furniture Arms Money and other Goods taken with them Provided that this Clause shall not take away the Right of any Persons from whom the same were before Feloniously taken VI. If any Persons out of Prison shall Commit any Robbery and shall afterwards discover Two or more Robbers who have or shall Commit any Robbery so as Two or more of them shall be Convicted such discoverer is hereby ●ntituled to Their Majesties Pardon which shall likewise be a good bar to any Appeal Informations I. Stat. 4 5 W. M. cap. 18. The Clerk of the Crown of the King's-Bench shall not without express Order in open Court Receive or File any Information for Trespasses Batteries and other Misdemeanours or issue any Process thereupon before he shall have taken or shall have delivered to him a Recognizance from the Informer with the Place of his Abode Title or Profession to be Entred to the Person Prosecuted in 20 l. Penalty to Prosecute with Effect and abide by such Order as the Court shall direct which Recognizance the Clerk of the Crown or a Justice of Peace of the Place where the Cause of any such Information shall arise may take and the Clerk of the Crown shall Enter the same upon Record and File a Memorandum thereof in some publick Place in his Office that all persons may resort thereunto without Fee And if the persons against whom such Informations shall be exhibited appear and plead to Issue and that the Prosecutor shall not at his own Charge within a year after Issue joyned procure a Tryal or if upon such Tryal a Verdict pass for the Defendant or the Informer procure a noli prosequi to be Entred the Court shall award the
Majesties Quarters that did belong to the Irish Regiments then in being or were then treated with or who were not Prisoners of War or who had not then taken Protection and have since submitted to their Majesties Obedience from using their Profession or calling of Barrister at Law Clerk in Chancery Attorny or Practiser of Law or Physick XVIII Provided that every such Barrister at Law c. who shall claim any benefit hereby to be exempt from taking the said Oaths c. shall make out his claim thereto according to the qualifications herein before expressed before the Court of Kings Bench in Ireland on or before the last day of Michaelmas-Term next for the recording whereof 1 s. shall be paid and no more and in default of such claim to be excluded XIX If any Person before he have taken the said Oath in the Kings Bench in Ireland or at the General Quarter-Sessions in the place where he inhabits and procured the same to be recorded and obtain'd a Certificate thereof shall practise his Calling or Profession he shall forfeit 500 l. to such as will sue for the same and be uncapable to use or exercise such Profession or Calling XX. Two or more Justices of the Peace whereof one to be of the Quorum shall direct their Warrants to any Constable Tythingman or other Officer to summon any Person of eighteen years of Age or upwards to appear before such Justices to the Oath above-mentioned to be faithful c. and for want of appearance having no lawful let or in case of appearing and refusing to take the said Oath the Justices shall commit such Persons to the common Gaol or House of Correction for three months unless they shall pay down any Sum not exceeding 40 s. as the Justices shall require which Mony shall be paid to the Church-wardens or Overseers of the Poor of the Parish or Place where the Offender last inhabited and after the three months ended two or more Justices shall direct their Warrant to summon such Offender before them to take the said Oath and for want of appearance or in case of refusal to take the said Oath he shall be committed as aforesaid for six months unless he pay down what Sum the Justices shall require not exceeding 10 l. nor under 5 l. to be disposed as aforesaid and unless he become bound with two Sureties to appear at the next Assizes or General Gaol-delivery and in the mean time to be of the Good Behaviour and in case of refusal at the Assizes or General Gaol-delivery such Offender shall incur a Premunire unless such Offender be a Feme Covert who upon such refusal shall be committed only to the Common Gaol till she takes the said Oath XXI It shall be sufficient for Quakers producing a Certificate under the Hands and Seals of six or more of the Congregation to which they belong to make and subscribe the following Declaration viz. I A. B. do sincerely promise and solemnly declare before God and the World That I will be true and faithful to King William and Queen Mary And I do solemnly profess and declare That I do from my Heart c. verbatim as in the Oaths afore-mentioned XXII But no Quakers shall thereby be capable of holding any Office Imployment Salary c. whereunto any Person taking the said Oaths c. shall or may be entituled XXIII This Act shall not be dispensed with by any Warrant or Letters Patents under the Great Seal of England or Ireland but such Dispensations shall be null and void Iudicial Proceedings I. Stat. 1 W. M. Sess 1. cap. 4. Whereas the Term of St. Hill 1688. could not be kept Be it enacted That all Pleas Writs Bills Actions Suits Plaints Process Precepts or other Things whatsoever that were returnable or had day or days in the Chancery Kings Bench Common Pleas or Exchequer in Oct. Hill Quind Hill Crast Pur. or Oct. Pur. last past or at any day certain after any of the said Returns shall stand and be revived and are hereby continued and adjourned to the Return of Quind Pasch next ensuing and Parties that had day at any time in Hill Term shall appear on the said Return of Quind Pasch under the same Penalties that might have incurr'd for not appearing in Hill Term if it had been held II. Writs of Error upon Judgments in the Kings Bench returnable or upon which day was given in the Exchequer Chamber at any time in Hill Term and all Proceedings thereupon shall be revived and adjourn'd to the 20th day of Apr. 1689. and all Parties are to appear then under the same Penalties that would have incurred if they had made default in Hill Term. III. Writs of Error upon Judgments in the Court of Exchequer upon which day was given before the Lord Chancellor and the Lord Treasurer in Hill Term and Proceedings thereupon shall be revived and adjourn'd to the 23d day of Apr. 1689. and all Parties are to appear then under the same penalty that would have incurr'd if they had made any default in Hill Term c. IV. Fines upon which Proclamation ought to have been made in Hill Term shall be good as if such Proclamation had been made and if the fourth and last Proclamation was to have been made in Hill Term the five years shall be accounted from the 12th day of Febr. 1688. V. Where any Judgment was by Warrant of Attorny to have been entred in Hill Term the same may be entred in Easter Term if the Parties be then living VI. Any Persons before the 17th day of Apr. 1689. may prosecute any Precept Writ mean Process or Execution returnable in the said Courts on some return or day in Easter-Term next and the said Writs in the Kings Bench Common Pleas and Exchequer shall be dated on the day they are actually sued out which Writs and Process shall be good notwithstanding the want of any Original Writ or being attested VII It shall be lawful before the said 17th day of April to prosecute any Writ of Habeas Corpus in Civil Causes to be dated as aforesaid returnable immediately before any of the Justices of the Kings Bench Common Pleas or Barons of the Exchequer who may proceed thereupon as if the said Term of St. Hill had been kept VIII All Pleas Writs Bills Actions Suits Plaints Process Pleadings Proceedings Indictments and Informations Causes and Things whatsoever pleaded returned depending or being in the Court of the Dutchy-Chamber at Westminster in the Great Sessions of Wales or in the Courts within the Counties Palatine of Chester Lancaster or Durham or in any other Court of Law or Equity upon the 11th day of December 1688. shall be continued and revived and may be proceeded upon without any continuance or adjournment IX Persons that since the said 11th day of December 1688. and before the 13th day of February following have committed any Murder Manslaughter Burglary Perjury or Forgery or any other Crimes for which they were in
this Act any Chamber-rent Fee or Reward for any thing relating to his Discharge above the Sum of 6 s. 6 d. in the whole upon pain of forfeiting the value of the Debt and upon pain of being proceeded against as an Extortioner any Law Act of Parliament or Usage to the contrary notwithstanding IV. The Justice of Peace his Clerks Fee And that no Justice of Peace his Clerk or Servant shall take of any Prisoner for signing his Warrant and Summons any Fee or Reward whatsoever nor any Clerk of the Papers or other Officer that shall make out any Copies of Causes for the said Prisoner shall take for the same above 4 d. upon pain to be proceeded against as Extortioners aforesaid V. No Debt contracted since Nov. 28. 1690. shall hereby be discharged Provided that no Debtor shall by virtue of this or the aforesaid Act be discharged of any Debt contracted by such Debtor since the 28th day of November which was in the Year 1690. Ships I. Builders of 3 Deck Ships within 10 years from first M. 1694. their allowance for Customs STat. 5 6 W. M. Sess 5. cap. 18. Every Person that shall within ten years from and after the first of May 1694. build or cause to be built within any of their Majesties Dominions any Ships or Vessels of three Decks reckoning the Orlop for one with a Fore-castle Quarter-deck Round-house and six Foot between each Deck from Plank to Plank their Hawrses to be between Decks the said Ships to be of no less than 450 Tun and to have no less than ten Ports of a side between Decks mounted with 32 Pieces of Ordnance close of which 18 to be between Decks the said Guns upon the lower Deck to be Demy-Culverine of 3000 weight at least upon the Upper-deck Fore-castle and Steerage to be also Demy-Culverine of 2200 weight at least and those in the Cuddy to be 600 weight at least and other Ammunition proportionably shall for the first three Voyages which the said Ship or Ships shall make from their Majesties Dominions to any Foreign Parts receive to their own use and benefit one tenth part of the Customs commonly call'd or known by the name of the Subsidy of Tunnage and Poundage that shall be paid to their Majesties for all such Goods and Merchandizes as shall be exported and imported on the said Ship or Ships to and from this Kingdom and the Commissioners and Officers of their Majesties Customs are hereby impowered to pay the same to the respective Owners accordingly II. The penalty if altered And if at any time after the end of the said three first Voyages any of the said Ships or Vessels so to be built as aforesaid shall be altered or put into another form of Building whereby they shall become or be made less defensible than they were at first building that then every such Ship or Vessel with all the Guns Tackle Ammunition and Apparel thereof shall be forfeited and lost I. Stat. 5 6 W. M. Sess 5. cap. 19. Offences done since 24 June 1694. may be tried in the Kings Bench or by Justices of Oyer and Terminer All Offences contrary to one Act made in the 13th year of King Charles II. Entituled An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea which shall be committed after the 24th of June 1694. may be tried and determined in the Kings Bench at Westminster or before Justices of Oyer and Terminer appointed by their Majesties which said Courts are hereby impowered to hear and determine the same according to the Common Law and to inflict such Penalties as are appointed by the said Act. II. Offences done out of the Realm c. Person tried by a Court Martial not to be tried again How long to continue Where any of the said Offences shall be committed out of this Realm the same may be alledged and laid in any County within this Realm III. Provided that no Person who shall be tried in a Court-Martial shall for the same Offence be again tried by virtue of this Act nor shall any Person tried by virtue of this Act be tried again by a Court-Martial IV. Provided also that this Act shall continue in force for three years and from thence to the end of the next Session of Parliament Souldiers I. Stat. 5 6 W. M. Sess 5. cap. 9. The Act made in the last Session of this Parliament Entituled An Act for punishing Officers and Souldiers who shall mutiny and desert their Majesties Service and for punishing false Musters and for payment of Quarters shall continue and be in force until the first of March 1694. and no longer II. Who shall be accounted a listed Souldier No Person that shall be listed for the Land-Service after the first of March 1693. shall be esteemed a listed Souldier or be subject to any of the Pains and Penalties of this Act or any other Penalty for his Behaviour as a Souldier that shall not have been brought before a Justice of Peace not being an Officer in the Army or Chief Magistrate of some City or Town-Corporate or High Constable or Pety Constable in the Hundred or Division where the Person shall be listed and before such Justice Magistrate or High Constable or Pety Constable declare his free consent to be listed or mustred as a Souldier before he be listed or mustred or inserted in any Muster-Roll of a Regiment Troop or Company as aforesaid And every Military Officer that shall offend herein shall incur the like Penalty and Forfeiture as is by the said continued Act to be inflicted upon any Officer for making a false and untrue Muster Sureties I. St. 10 E. 3. for finding Sureties for Good Behavior repealed Stat. 5 6 W. M. Sess 5. cap. 7. The Statute the 10th year of King Edw. III. for finding Sureties for the Good abearing by him or her that hath a Pardon of Felony is hereby made void and repealed II. Provided At the Justices discretion that if any Charter of Pardon be pleaded by any Person for any Felony the Justices before whom such Pardon shall be pleaded may at their discretion remand or commit such Person to Prison there to remain until he or she shall enter into a Recognizance with two sufficient Sureties for his or her being of the Good Behaviour for any time not exceeding seven years III. Provided Feme-Covert or Infant to find Sureties if any such Charter of Pardon be pleaded by a Feme-Covert or Infant such Feme-Covert or Infant may find two sufficient Sureties who shall enter into a Recognizance for his or her being of the Good Behaviour as aforesaid Taxes Aid of 4 s. in the Pound I. STat. 5 W. M. Sess 5. cap. 1. 4 s. in the Pound to be paid for all personal Estates excepting desperate Debts and Houshold-stuff All and