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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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Inrolled and had the same allowed by the Court of King's-Bench shall be compelled to Plead the same to any Inquisition returned by any Coroner And if any Corporations Lords of Manors or others have or shall have such Grants from the Crown for Felons Goods Deodands and other Forfeitures they shall not be compelled to enrol their whole Charters or Grants but such part thereof as may express the Grants of such Felons Goods Deodands and Forfeitures and no more for doing whereof the Clerk of the Crown shall receive 20 s. for his Fee and no more and from and after such Enrolment they shall not be compelled to Plead the same to any inquisition II. If any Clerk of the Crown shall hereafter issue out any Process against such Grantees after such Enrolment he shall forfelt for every such Offence to the Party grieved the Sum of 5. l. III. But the Clerk of the Crown shall incur no Penalty mentioned in this Act for issuing Process against any persons who shall not upon every purchase of the Title of such Felons Goods c. Inrol and Plead the said Purchase in the said Court nor against any Devisee who shall not Enrol or Plead such Devise nor against any Heir who shall not Inrol his or her Right by descent and till after such Pleas have been allowed of by the said Court nor where by any Inquest of any Coroner the Goods of any Felon or Felons or Decodands shall not be found to be in the Hands of such Purchaser Devisee or Heir IV. Upon issuing of any Exigent for any Criminal Matter before Conviction there shall issue a Writ of Proclamation bearing the same Teste and Return to the Sheriff of the County City or Town where the persons in the Record of the said Proceedings are mentioned to inhabit according to the form of the Statute made Anno. 31 Eliz. which Writ shall be delivered to the Sheriff Three Months before the return thereof V. This Act to continue for Three years from the 25th Day of March 1693. and to the end of the then next Session of Parliament Customs I. Stat. 1 W. M. Sess 2. cap. 6. After the 29th Day of September 1689. so much of every Act of Parliament as requires the Levying the Duties arising by those Acts by way of Excise upon Coffee Chocolate and Tea shall cease and determine and is hereby Repealed II. And be it farther Enacted that after the 25th Day of December 1689. the Duties and Charges hereafter mentioned shall be Collected and Received at the Custom-house upon Coffee-berries Tea in the Leaf and Cacao-nuts and upon Chocolate ready made and according to the Proportions herein after mentioned besides what is now payable for the same at the Custom house viz. Upon every 100 Weight of Coffee Imported containing One hundred and twelve pound 5 l. 12 s. Upon every 100 Weight of Cacao Nuts containing as aforesaid 8 l. 8 s. Upon every pound weight of Tea 5 s. and upon every pound Weight of Chocolate 5 s. and so proportionably III. If any of the said Commodities shall be unshipt or laid on Land the Duties not paid or lawfully tendred to the Collector or his Deputy with the consent and agreement of the Comtroller and Surveyor there nor agreed with for the same in the Custom-house they shall be forfeited the one Moiety to Their Majesties the other to the Informer This Act to continue for Five years and no longer IV. Merchants and others having paid the Duties and Impositions by this Act appointed who shall within Six Months after Importation again transport the said Goods or any part thereof shall be repaid Two thirds of the Duties by them paid of so much of the said Goods as they shall export V. It shall be lawful to Import Nutmegs Cinnamon Cloves and Mace in any English Ships One third part of the Mariners whereof to be English from any parts beyond the Seas paying double the Sums the same are charged with in the Book of Rates so as notice be first given to the Commissioners or Farmers of the Customs of the Quality and Quantity thereof with the Name of the Ship and Master and the place where they intend to Import the same and taking a Licence under their Hands or of any Three of them for the Lading and Importing thereof as aforesaid which Licence shall be given without Fee or Reward I. Stat. 1. W. M. Sess 1. cap. 4. The Commons assembled in Parliament do hereby Give and Grant to your Majesties the Subsidy of Tonnage and Poundage and other Sums of Money Granted to the late K. Charles 2. in the Twelfth year of his Reign by an Act Entituled A Subsidy granted to the King of Tonnage and Poundage c. according to the Rates therein mention'd and the Rules and Orders thereunto annexed other then such concerning which it is otherwise provided by any Act made in the last Parliament and pray that it may be Enacted and be it Enacted that the said Subsidy and other Sums of Money be paid to Their Majesties for Four years from the 24th Day of December 1690. and that the aforesaid Act and an Order of the House of Commons made in pursuance of the Rules and Orders annexed thereunto for settling Officers Fees Dated the 17 of May 1662. ans Signed by Sir Edward Turnor then Speaker shall be of force during the said Four years VII An Act made in the 12th year of the said K. Charles 2. Entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Susidies and an Act made in the 14th year of his Reign Entituled An Act for preventing Frands and regulating Abuses in His Majesties Customs and an Act made in the 22d year of His Reign Entituled An Act for Improvement of Tillage and the breed of Battel and another Act made in the 25th year of His Reign Entituled An Act for taking off Aliens Duties upon Commodities of the Growth Product and Manufacture of the Nation and another Act made in the said 25th year of his Reign Entituled An Act for the encouragement of the Greenland and East-land Trades and for the better securing the Plantation Trade and one other Act made in the First year of the late King James 2. Entituled An additional Act for the Improvement of Tillage shall be in force during the said Term of Four years VIII Nothing herein shall be Construed to determine any Clauses in the said Acts which were intended to be perpetual IX It shall be lawful for any persons to advance upon the Credit of this Act any Sums of Money not exceeding 500000 l. in the whole at the Interest for such Money as shall be lent before the 10th of June 1690. of 8 l. per Cent. and for Money lent after 7 l. per Cent. X. After the First Day of Novemb. 1690. during the continuance of this Act there shall be continued within London an Office for the Receipt of the Subsidies and other Sums hereby
otherwise shall be null and void And the Mayor and Court of Aldermen out of the Revenue setled by this Act shall allow and pay to such Agents and Solicitors what they judge may be reasonable and that to be allowed in the Accompt of the said Revenue And if they demand or receive more than shall be so adjudged due to them they shall forfeit treble the Sum received to be recovered with Costs of Suit by such Persons as will sue for the same in any of their Majesties Courts of Record at Westminster XX. New-River Water Thames Water and Shadwel Water-works excepted This Act shall not extend to the New-River Water or Profits thereof Nor shall be construed to hinder or obstruct the Governors and Company of Undertakers for raising of the Thames-Water in York Buildings nor the Governor and Company of the Water-work in Shadwel But they may raise and take the Water and lay Pipes and Branches in the Streets as before and enjoy all their Rights Nor shall this Act extend to the Water-works of Thomas Morris Th. Morris Water-works excepted at or near London-Bridge nor to the Profits or Benefits thereof other than the Rent reserved upon a Lease formerly made thereof by the City And Samuel Hutchinson Samuel Hutchinson or his Assigns paying their proportion of Stock to the Partners in the Convex Lights and covenanting to perform such Contracts and Agreements as are or shall be made by them before the 24th day of June 1695. may enjoy the same Interest and Benefit in the Premises as any of the Partners according to their respective Proportions XXI Priviledge of Persons sued upon this Act. Any Person sued for what he shall do in pursuance or in the execution of this Act may plead the General Issue and give upon Trial this Act and the Special Matter in Evidence and in case of Non-suit forbearance of farther Prosecution Discontinuance or Verdict against the Plaintiff or Prosecutor the Defendant shall recover Costs and have like Remedy for them as when Costs by Law are given to the Defendants XXII This Act to be reputed a general Act. This Act shall be reputed a General Act and the Judges upon all occasions shall take notice as if it were a Publick Act of Parliament relating to the whole Kingdom XXIII For the space of seven years from the 29th day of September last past The City may use 2000 l. yearly for 7 years towards their necessary Expences provided the Orphans have their due otherwise to repay what is wanting to the Orphans by 2000 l. per ann it shall be lawful for the Mayor and Court of Aldermen to retain and apply and the Chamberlain to issue and pay towards the necessary Expences and Charges of the City any Sum not exceeding in the whole the Sum of two thousand pounds yearly out of the Monies hereby appointed to the use of the Orphans and Creditors But in case after the deduction and allowance of the said two thousand pounds during the seven years there shall not be raised and paid to the Orphans and Creditors out of the residue of the Profits of the aforesaid several Provisions and Fonds so much Mony as will fully satisfie all the said Orphans and Creditors Interest for all their several and respective Debts after the rate of four pounds per Cent. per Annum during the whole seven years that then the City shall repay into the Hands of the Chamberlain within seven years after the expiration of the said Term fourteen thousand pounds or so much thereof as they shall have made use of by two thousand pound per annum or such less yearly Sum as shall be proportionable to what they shall have so made use of until the same or so much thereof as shall make good the deficiency that shall appear in the satisfaction of the Interest of all the Monies due to the said Orphans and Creditors at the Rate aforesaid by reason of applying the said two thousand pounds per Annum or any part thereof to the use of the City for the Term aforesaid shall be satisfied And for securing the repayment thereof all the Estate Rents and Profits of any sort which at the expiration of the term of seven years shall belong to the Mayor The City Revenues liable for the same Commonalty and Citizens in their Politick Capacity only except the Revenues belonging to the Hospitals in or belonging to the same City or Borough of Southwark or for the Repairs of London-Bridge shall be and are charged and made subject and liable thereunto Prisoners I. STat. 5 6 W. M. Sess 5. cap. 2. Act 2 W. M. revived That the Act made in the second year of their Majesties Reign Entituled An Act for Relief of Poor Prisoners for Debt and Damages be revived and that the Oath in the said Act shall be abolished and instead thereof the Oath herein mentioned shall be the Oath to be tendred to the Sheriffs Gaolers and Keepers of Prison I A. B. The Oath to be taken by Sheriffs and Gaolers do swear That I have examined the Commitments or Books belonging to the said Prison and that by them it doth appear that J. S. was really and truly a Prisoner in the Custody of the then Gaoler or Keeper of the Prison of D. Prison in the County of C. without any Fraud or Deceit by me or any other to my knowledge or belief at or upon the 28th day of November Anno Dom. 1690. II. And in case any Sheriff Penalty for refusing the Oath Gaoler or Keeper of Prison shall refuse to take the Oath herein appointed he being required unless it appear by the Commitment and Books of the said Prison that the Person for whom such Oath is required was not truly a Prisoner in the Custody of the said Gaoler and Keeper according to the said Act that otherwise the said Gaoler and Keeper so refusing to take the said Oath shall forfeit to such Prisoner the value of the Debt for which he shall be imprisoned And that in that case upon complaint of the Prisoner the Justices of Peace of the County or City where the Prison lies Prisoner may be discharged if he were in Custody 28 Nov. 1690 shall have power to examine the said Matter upon Oath of any other Persons which Oath they are hereby impowred to administer And if it shall appear to them that the said Prisoner was truly a Prisoner on the said 28th day of December 1690. then the said Justices may discharge the said Prisoner so as he may have full benefit of the said Act notwithstanding the Sheriffs Gaolers or Keepers refusing the said Oath any thing in the said Act notwithstanding III. The Sheriff or Gaolers Fee for discharge of a Prisoner And farther That no Sheriff Gaoler or Keeper of Prison nor any Clerk of the Peace or other Officer directly or indirectly shall take of any Prisoner to be discharged by
years and from thence to the end of the Session of Parliament then next ensuing II. Stat. 1 W. M. Sess 1. cap. 33. Every Hide Skin or Piece of tanned Leather shaved or liquored and well curried according to the Statute of 1 Jac. 1. shall be adjudged to be the made Ware and Manufacture of the Currier and subject to the view search and seizure of the Master of the several Mysteries of the Cordwainers Curriers Girdlers and Sadlers of the City of London or the major part of them as by the said Statute is provided and shall be liable to be seiz'd and subject to the same Penalties as other Wares insufficiently made of tanned Leather are liable and subject by the said Statute III. Nothing in this Act shall give any Power to the Master and Wardens of the Company of Curriers to search or seize any Leather Hide or Skin but such as shall be curried in London or within three Miles thereof by some Members of their own Company nor in any other Place but the open Market-place or in the Shops Houses or Ware-houses of such Curriers IV. All Persons whatsoever dealing or working in Leather may buy all sorts of Red tann'd Leather in any open Fair or Market curried or uncurried the same being first search't and seal'd according to Law and may sell the same again in their Shops or convert it into other made Ware V. Any Persons may buy or sell Leather Hides or Skins by weight London I. Stat. 2 W. M. Sess 1. cap. 8. Whereas a Judgment was given in the Kings Bench in Trinity-Term in the 35th Year of King Charles II. in a Quo Warranto against the Mayor and Commonalty and Citizens of London that the Franchise of the said City should be seiz'd into the Kings Hands as forfeited which Proceedings were illegal and arbitrary Be it enacted That the said Judgment and every other Judgment given or recorded in the said Court for seizing the Franchise of the said City into the Kings Hands be revers'd and made void and Vacats entred upon the Rolls II. The Mayor Commonalty and Citizens of London to remain a Body Politick by the Name of Mayor and Commonalty and Citizens of the City of London c. without any Seizure or Forejudger of the said Franchise c. upon pretence of any Forfeiture or Misdemeanor done or to be done and to have and enjoy all their Rights Charters c. which they lawfully had at the time of the recording or giving the said Judgment III. All Charters Letters Patents c. for incorporating the Citizens and Commonalty of the said City or any of them and all Charters c. concerning any of their Liberties c. Lands and Tenements c. Rights Title or Estates made since the said Judgment by the late King Charles II. or King James II. are hereby declared void IV. Yet no Recoveries Verdicts Judgments Statutes Recognizances Inquisitions Indictments Presentments Informations Decrees Sentences Executions nor any Plaints Process or Proceedings in Law or Equity had in any Court within the said City or Liberties thereof since the said Judgment shall be avoided for want of any legal Power in such as acted as Judges or Officers belonging to the same V. This Act shall not extend to discharge any Persons from any Penalties for not duly qualifying themselves to act upon such Charters Grants or Commissions VI. All Officers and Ministers of the City that rightfully held any Office or Place therein or in Southwark when such Judgment was given are hereby confirmed as fully as they held them then except such as have voluntarily surrendred or been removed for just cause and Persons admitted since the said Judgment into any Office or Employment within the said City upon the death surrender or removal as aforesaid of the former Officers are hereby confirmed as if they had been admitted therein according to ancient Custom VII Leases and Grants of Lands and other things before the said Judgment belonging to the City made since the said Judgment by the said late King Charles II. or King James II. or any taking upon them to be Trustees for the City upon pretence of any Commission from either of the said late Kings being made for a just and valuable consideration and whereupon the accustom'd yearly Rent or more hath been reserved shall be good upon the Terms therein contained and the Commonalty and Citizens shall have all benefit and advantage thereof VIII All Judgments Decrees and Sentences obtain'd by any Persons taking upon them to be Trustees as aforesaid concerning any Interests belonging to the City shall stand in force and be prosecuted and executed by and to the use of the City and all Persons natural-born Subjects or Denizens that have been admitted into the Freedom of the City since the said Judgment shall be free thereof as if admitted before IX The present Mayor Sheriffs Chamberlain and Common Council shall continue till new Elections and the Persons to be elected sworn the Election of a Mayor Sheriffs and Chamberlain to be on the 26th day of May 1690 and of the Common Council on the 10th day of June 1690. Persons so elected to continue till the usual time of electing such Officers according to usage and from thence to continue for the year ensuing X. If the Mayor Sheriffs Chamberlain and Common Council shall not be elected as aforesaid the Mayor Sheriffs Chamberlain and Common Council which were in being at the time of the said Judgment shall be and continue in those respective Offices till new Elections be made according to ancient usage XI All Persons so to be restored and continued shall take the Oaths appointed by an Act made in the first year of their Majesties Reign Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths the next Term after such restitution under the Penalties and Disabilities in the said Act provided XII The Mayor Sheriffs and Chamberlain so to be elected shall be sworn in usual manner on or before the 20th day of June next XIII The several Companies and Corporations of the City shall stand and be incorporated by such Names and in such manner as they were at the time of such Judgment given and are hereby restored to the Lands c. Rights and Liberties which they lawfully had then And all Surrenders and Charters for new incorporating any of them and concerning any of their Liberties granted by either of the said late Kings since the said Judgment shall be void but no Person shall be prosecuted for any thing by him lawfully done in pursuance of such Charters c. XIV Provided that all Leases Terms and Estates granted by any of the said Companies since the said Judgment for just and valuable considerations and whereupon the accustomed yearly Rents or more are reserved shall be of force as if they had been granted by the said several Companies as hereby restored and the said Companies shall have all
declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that traiterous Position of taking Arms by his Authority against his Person or against those that are commissioned by him Shall not from henceforth be required or enjoyned XII The Oaths required and intended by this Act are in these Words following viz. I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King William and Queen Mary So help me God c. I A. B. do swear That I do from my Heart abhor detest and abjure as impious and heretical that Damnable Doctrin and Position That Princes excommunicated or deprived by the Pope or any Authority of the See of Rome may be deposed or murthered by their Subjects or any other whomsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm So help me God c. XIII The Names of Persons and Officers that shall take the said Oaths in the Chancery Kings Bench or Quarter-Sessions shall in the said respective Courts be inroll'd with the day and time of their taking the same The Rolls for the Court of Chancery to be publickly hung up in the Petty-bag-Office for the Kings Bench in the Crown Office and in some publick place in every Quarter-Sessions every Term and every Quarter-Sessions No Fee or Reward above 12 d. to be given to any Officer belonging to any of the said Courts for such Entries XIV Whereas since the 11th day of December 1688. the said abrogated Oaths could not be taken by Persons elected into Offices of Magistracy Places of Trust c. Be it enacted That if any such Officer shall before the first of August 1689. take the Oaths herein mentioned and required before such Persons who ought to have administred the said Abrogated Oaths the same shall be adjudged as good and effectual as if he had taken the said Abrogated Oaths XV. And whereas since the Feast of St. Michael last past divers Persons have been admitted into Offices Imployments or Places of Trust and could not take the said Abrogated Oaths and subscribe the Declaration at such time and in such manner as is appointed by the Act of 25 Car. 2. Entituled An Act for preventing of Dangers that may happen from Popish Recusants Be it enacted That if any such Person shall before the end of Trinity-Term next in the Chancery or Kings Bench or before the first of August 1689. at the Quarter-Sessions c. take the Oaths hereby appointed to be taken and repeat and subscribe the said Declaration and take the Sacrament according to the usage of the Church of England and procure Certificate thereof as by the said Act is directed that such Person shall be indemnified from any Penalty or Disability that he might have incurred by the said Act. XVI It shall be left to the King to allow to such of the Clergy as shall refuse the Oaths prescribed by this Act as he shall think fit not exceeding twelve an allowance out of their Ecclesiastical Benefices c. for their Subsistence not exceeding a third part to continue during the Kings Pleasure XVII Stat. 1 W. M. Sess 1. cap. 25. If any Commission for Military Imployment shall be granted to any Person at more than twenty Miles distance from London such Persons may take the Oaths and make and subscribe the Declaration mentioned in an Act of this present Session of Parliament Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths at the next Muster after the receipt of the said Commission before the Commissary of the Musters or his Deputy who shall send up a Certificate thereof under his Hand and Seal to the Person who issued such Commission XVIII If any Person receiving such Commission shall refuse to take the said Oaths c. he shall not be allowed upon the Musters but his Commission shall be void XIX Nothing in this Act contain'd shall extend to the Militia Papists I. STat. 1 W. M. Sess 1. cap. 9. The Lord Mayor of London for the time being and every Justice of Peace of London and for Westminster and Southwark and of the Counties of Middlesex Surry Kent and Sussex within their respective Limits shall cause to be brought before him every Person not being a Merchant Foreigner within the said Cities or within ten miles of the same as are reputed to be Papists and tender them the Declaration mentioned in the Statute of 30 Car. 2. Entituled An Act for the more effectual preserving the Kings Person and Government c. And if any such Person after refusal to make and subscribe the same shall continue to be within the said City or Cities or within ten miles distant from the same he or she shall forfeit and suffer as a Popish Recusant convict II. The Justices of Peace shall certifie the Subscriptions taken before them by virtue of this Act and the Names of Refusers upon tender under their Hands and Seals into the Court of Kings Bench the next Term or else at the next Quarter-Sessions and if Persons so refusing and certified shall not within the next Term or Sessions after such refusal appear in the Court of Kings Bench or Sessions and in open Court make and subscribe the said Declaration and indorse his so doing upon the Certificate they shall be adjudged from the time of such their refusal as Popish Recusants convict III. This Act shall not extend to such as use any Trade or Manuel Occupation nor to such as within six months before the 13th of Febr. 1688. had their places of abode within the said Cities or ten miles compass not having any place of abode elsewhere so as before the said first day of August 1689. they certifie their Names Additions and Places of Abode at the Sessions of the Peace to be held for the said respective Cities Counties or Places the Clerk of the Peace to take but 2 d. for the entry of such Name Addition and Place of Abode IV. Nothing in this Act shall have any effect upon such Foreigners as are or shall be menial Servants to Ambassadors or Publick Agents V. Foreigners Servants to the Queen Dowager are likewise excepted not exceeding the number of thirty at any one time VI. Stat. 1 W. M. Sess 1. cap. 15. It shall be lawful for any two or more Justices of the Peace who shall know or suspect any Person to be a Papist or shall be so informed to tender to such Person the Declaration expressed in an Act of Parliament made Anno 30 Car. 2. Entituled An Act for the more effectual preserving the Kings Person and Government c. And if such Person shall not make and subscribe the said Declaration or shall refuse to appear upon notice left at his Place
to ply on Sundays XII The Commissioners for the better discovery of Offenders herein shall publish a List or Account of all the particular Numbers of such Hackney-Coaches as shall be appointed for every Lords-Day successively through the Year Fines I. STat. 5 6 W. M. Sess 5. cap. 6. Six shillings and eight pence shall be paid upon signing Judgment to the proper Officer who signeth the same in full satisfaction of the Capiatur Fine and all Fees due for or concerning the same which said Officer shall make an increase to the Plaintiff of so much in his Costs to be taxed against the Defendant Iustices of Peace I. Justices of Peace in Wales limited to eight in each County repealed STat. 5 W. M. Sess 5. cap. 4. Whereas by a Statute made the 34th and 35th of H. 8. Entituled An Act for certain Ordinances in the Kings Majesties Dominion and Principality of Wales there is a Clause contained in these Words viz. That there shall not exceed the number of eight Justices of the Peace in any of the said Shires over and above the President Council and Justices aforesaid and the Kings Attorny and Solicitor which President Council Justices and the Kings Attorny and Solicitor shall be put in every Commission of Peace in every of the said twelve Shires And whereas this Clause is found inconvenient Be it enacted That the said Clause be repealed And that it may be lawful to and for the King and Queen by Commission under the Great Seal to constitute nominate and appoint any such number of Persons to be Justices of Peace in any of the said Counties of Wales as they shall think fitting according to such Ways and Methods as are commonly used for the constituting nominating and appointing of Justices of Peace for any County of England And that the Persons so constituted nominated and appointed shall have power and authority to act and do any thing appertaining to the Office of a Justice of Peace in as large and ample manner as any Justice of Peace within the Dominion of Wales might or ought to have done before the making of this Act any Law c. to the contrary notwithstanding I. Stat. 5 6 W. M. Sess 5. cap. 5. Certiorari to remove Indictment That in Term-time no Certiorari at the Prosecution of any Party indicted shall be granted out of the Court of Kings Bench to remove any Indictment before Trial had and from before the Justices of the General or Quarter Sessions of the Peace unless such Certiorari shall be granted upon Motion of Council and Rule of Court in open Court and that the Parties indicted prosecuting such Certiorari shall find two Manucaptors before one or two Justices of the County in 20 l. to plead to the said Indictment in the Kings Bench and at their own Charges to procure the Issue that shall be joyned upon the said Indictment to be tried at the next Assizes held for the County where the said Indictment was found after such Certiorari shall be returnable if not in London Westminster or Middlesex and if in the said Cities or County then to cause it to be tried the next Term after such Certiorari shall be granted or at the sitting after the said Term if the Kings Bench shall not appoint any other time and if any other time then notice to be given to the Prosecutor and the said Recognizance and Certiorari to be certified into the Kings Bench and there filed and the name of the Prosecutor to be indorsed and if the Party prosecuting such Certiorari being the Defendant shall not before allowance thereof procure such Manucaptors to be bound in a Recognizance the Justices of Peace may try the said Indictment at the said Sessions notwithstanding such Certiorari so delivered II. Costs against Prosecutor of a Certiorari And if the Defendant prosecuting such Certiorari be convicted then the Kings Bench shall give reasonable Costs to the Prosecutor to be taxed according to the course of the said Court and within ten days after demand upon Oath and refusal thereof he shall have an Attachment against the said Defendant by the Court for his Contempt and the Recognizance not to be discharged till the Costs so taxed shall be paid III. Certioraries grantable in vacation Nevertheless in the Vacation Writs of Certiorari may be granted by any of the Justices of the Kings Bench whose Names shall be endorsed and the Name of the Party at whose instance it is granted and before the allowance of such Writ the Party indicted prosecuting such Certiorari shall find such Sureties as before-mentioned in this Act. IV. Certioraries in Cheshire Lancaster and Durham And also upon every Certiorari granted within Chester Lancaster and Durham to remove Indictments as aforesaid the Parties indicted prosecuting such Certiorari shall find Sureties to try the said Indictments at the next Assizes or General Gaol-delivery and if convicted shall be liable to like Costs to be taxed as by this Act provided where the same are granted out of the Kings Bench. V. For repairing High-ways c. Provided if any Indictment be against any Person for not repairing High-ways Cawsies Pavements or Bridges and the Title to repair the same may come in question upon such Suggestion and an Affidavit made thereof a Certiorari may be granted to remove the same into the Kings Bench any Law to the contrary notwithstanding VI. Sureties Provided that the Parties prosecuting such Certiorari shall find two Manucaptors to be bound in a Recognizance with Condition as aforesaid Leases I. Leases of Lands part of the Dutchy of Cornwal STat. 5 6 W. M. Sess 5. cap. 16. All Leases and Grants made by the late King Charles II. or by the late King James or by their present Majesties or to be made within seven years next ensuing by Letters Patents or Indentures under the Great Seal of England or Seal of the Court of Exchequer or Copy of Court-Roll according to the Custom of the respective Manors of the said Dutchy or thereunto annexed of any Offices Messuages Parks Lands Tenements or Hereditaments parcel of the said Dutchy of Cornwal or annexed to the same other than of Honours Lordships or Manors shall be effectual in Law according to the purport of the same Copies Leases and Grants against the present King and Queen their Heirs and Successors and against every Person that shall have or enjoy the said Dutchy by force of any Act of Parliament or by any other Limitation II. Provided For one two or three lives or thirty one years that such Lease be not for more than one two or three Lives or thirty one Years or for some Term determinable upon one two or three Lives and not above And if such Leases be made in Reversion that then the same with the Estate in possession do not exceed three Lives or thirty one Years not dispunishable of Waste
Customs shall charge every Master of any Vessel in his Victualling Bill with so much Beer Ale Cyder or Mum and no more as such number of men use to spend in such Voyages the Excise whereof to be recovered according to the Laws established III. The said Rate of One Shilling the Tun for Beer c. Exported shall be levied and paid under such Rules and Penalties and for such time and in such manner as by the Laws of Tonnage and Poundage are ordained IV. No Mum Imported during the continuance of this Act shall have any part of the Custom or Excise repaid upon Exportation Butter and Cheese I. Stat. 4 5 W. M. cap. 7. After any Factor or Buyer hath bought Butter or Cheese and approved the same the Seller shall not afterwards be chargeable with any Penalties in the Act of the 14 Car. 2. Entituled An Act for Reforming Abuses in Weighing and false Packing of Butter II. Such Factor or Buyer shall set his Seal or Mark or Name at length on the Cask in which such Butter is and in case the same be afterward exchanged or opened and the Cask changed or bad Butter pack'd up and mix'd with good or any Fraud be committed by the Seller the Offender being convicted upon Oath before one or more Justices of Peace or upon his own Confession shall forfeit Twenty Shillings for every such Ferkin and Offence to be levied by Distress and Sale of the Offenders Goods restoring the Overplus after Charges defrayed And Constables of Parishes and Chief Constables of Hundreds are hereby authorized to levy the same by Warrant under Hand and Seal of such Justice or Justices III. Warehouse-keepers Weighers Searchers or Shippers of Butter and Cheese in any Port within this Kingdom shall receive all Butter and Cheese that shall be brought to them for any Cheesemonger free of the City of London or any other making the said Commodities and take care thereof till the same can be shipped and shall ship it successively as it comes to their hands on the next Vessel that shall come to lade Butter and Cheese for London Except the Owners order the contrary and shall receive of the Owners Two Shillings and Six pence for every Load and no more and so proportionably And if any such Persons or their Servants shall refuse to receive such Goods or to take due care thereof or to ship them successively as aforesaid they shall forfeit being convicted in manner aforesaid for every Ferkin of Butter Ten Shillings and for every Weigh of Cheese Five Shillings to be levied as aforesaid IV. Warehouse-keepers Weighers c. shall keep Books and enter therein all Butter and Cheese that shall be brought to them as it comes with the time when received the quantity and and Owners Name and when the Goods are shipp'd off shall make Entries of the time when shipped the Master's Name the Vessels Name and to whom consigned Which Book shall be open for all Persons to see and search gratis And if any Ware-house-keeper c. shall not keep such Book or not make Entries as aforesaid or undue Entries or refuse in the day-time to produce the Book to be searched such Offenders being convict in manner aforesaid shall forfeit for every Firkin of Butter Two Shillings and Six pence and for every Weigh of Cheese Two Shilling and Six pence and for every other the aforesaid Offences Two Shillings and Six pence to be levied as aforesaid and for want of Goods to levy the Penalty the Justice before whom such Conviction shall be made may commit the Offender to Goal till the Penalties be satisfied V. If Masters of Vessels coming to lade Butter and Cheese or their Servants refuse to take on Board any such Butter and Cheese as shall be tendred to be shipped by any such Warehouse-keeper c. before their Vessels be laden they shall forfeit being convict as aforesaid for every Firkin of Butter so refused Five Shillings and for every Weigh of Cheese Two shillings and Six pence to be levied as aforesaid VI. One half of the Forfeitures within this Act to go to the Poor of the Parish and the other half to the Informer VII This Act shall not exclude Cheesemongers free of the City of London from sending their own Vessels or such as they shall hire for their own Goods VIII Nothing in this Act shall extend to the Counties of Chester and Lancaster nor to the County of the City of Chester IX Persons aggrieved by the Determination of any Justice of Peace may appeal to the next General Quarter-Sessions whose Determination shall be final The Person appealing first giving to the Party accused a Bond of Twenty Pounds Penalty with one or more Sureties to the liking of the Justice of Peace to pay such Costs as shall be allowed in case the Appellant be not relieved the said Costs to be paid within a Month after the determining the Appeal Cattel I. Stat. 3 4 W. M cap. 8. It shall be lawful for any Persons native or foreign at any time to ship and transport into any part of the World in Amity with Their Majesties Beef Pork or Hogs-flesh Butter Cheese or Candles free from any Custom or Imposition whatsoever Chancellor I. Stat. Ann. 1. W. M. Sess 1. cap. 21. Commissioners to be appointed to execute the Office of Lord Chancellor or Lord Keeper of the Great Seal of England for the time being may use and exercise all and every the same and like Offices Authority Jurisdiction and Execution of Laws and other Customs Priviledges Emoluments and Advantages which the Lord Chancellor of England or Lord Keeper of the Great Seal of right ought to use have and execute as belonging to their Offices or otherwise and shall have and take place next after the Peers of this Realm and Speaker of the House of Commons unless any of them shall happen to be a Peer and then to take place accordingly II. Any one Commissioner may hear Motions and give Orders touching Interlocutory Proceedings so as such one Commissioner in the absence of the others shall not make Decrees or put the Great Seal to any thing unless there be two present III. The nominating and appointing of the Custos Rotulorum in all Shires and Counties shall be as is directed by a Statute made in the 37 year of K. Hen. 8. IV. The Custos Rotulorum or other person to whom of right it doth belong shall from time to time nominate and appoint the Clerk of the Peace V. If any Clerk of the Peace shall misdemean himself in his Office the Justices of Peace in their General Quarter-Sessions or the Major part of them upon Complaint in Writing exhibited against him may upon Examination and due Proof thereof suspend or discharge him And in such case the Custos Rotulorum or other person to whom of Right it shall belong shall appoint another person residing within such County c. to be Clerk of the Peace in
of Abode by any Person authorized in that behalf by Warrant under the Hands and Seals of the said two Justices such Person shall be liable to all the Penalties Forfeitures and Disabilities herein after mentioned VII The said Justices of the Peace shall certifie the Name Sirname and usual Place of Abode of Persons so refusing or neglecting and of all who shall make and subscribe the said Declaration at the next General Quarter-Sessions to be holden for the Shire Riding c. for which they shall be Justices to be there Recorded c. VIII No Papist or reputed Papist so refusing or making default shall keep in his House or elsewhere at his disposition any Arms Weapons Gun-powder or Ammunition other than such as shall be allowed him by order of a General Quarter-Sessions for the defence of his House and Person and any two or more Justices of the Peace may from time to time by Warrant under their Hands and Seals authorize Persons in the day-time with the assistance of the Constable or his Deputy Tythingman or Headborough to search for Arms c. in the House Custody or Possession of any such Papist or reputed Papist and seize the same for their Majesties use and shall at the next General Quarter-Sessions deliver them in open Court for the use aforesaid IX Every Papist or reputed Papist who shall not within ten days after such refusal or making default as aforesaid discover and deliver to some Justice of the Peace all Arms Weapons Gun-powder or Ammunition whatsoever which shall have in his House or elsewhere or shall hinder any Persons authorized to search as aforesaid to search and seize the same shall be committed to the Common Gaol by Warrant of any two Justices of Peace for three months without Bail or Mainprize and shall forfeit the said Arms and pay treble the value of them to the Kings use to be appraised by the Justices of Peace at their next General Quarter-Sessions X. Persons concealing or privy to the concealing of such Arms or that shall hinder any Persons authorized as aforesaid in searching for and seizing the same shall be committed to the Common Gaol by Warrant as aforesaid for three months without Bail or Mainprize and shall forfeit the treble value of the said Arms to their Majesties c. XI If any Persons shall discover any concealed Arms c. belonging to any refusing or making default as aforesaid so as the same may be seized the Justices of Peace upon delivery of the same at the General Quarter-Sessions shall allow as a Reward for such discovery the full value of the Arms c. so discovered the Sum to be by the said Justices of Peace at their Sessions and to be levied by distress and sale of the Offenders Goods rendring the overplus above the Sum assessed and the Charges of the Distress to the Owner XII Persons having refused or made default as aforesaid who shall afterward in open Court at the General Quarter-Sessions where their refusing or making default shall be certified make and subscribe the said Declaration and take the Oaths contained in an Act made in this Parliament Entituled An Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present Parliament shall from thenceforth be discharged of and from all Disabilities and Forfeitures which for the future they might be liable to for such refusal or default XIII No Papist or reputed Papist so refusing or making default shall after the 15th of May 1689. keep in his possession or to his use any Horse or Horses above the value of 5 l. to be sold and any two Justices of the Peace may from time to time by Warrant as aforesaid and with the assistance aforesaid authorize any Persons to search for and seize such Horses as aforesaid to their Majesties XIV Persons concealing or aiding in the concealing any such Horses shall be committed by Warrant as aforesaid for three months without Bail or Mainprize and shall forfeit treble the value of such Horses to be settled as aforesaid XV. Stat. 1 W. M. Sess 1. cap. 17. Whereas in an Act of this Parliament Entituled An Act for the amoving Papists and reputed Papists from the Cities of London and Westminster c. the County of Sussex is by mistake inserted for the County of Essex Be it enacted That the Powers and Authorities by the said Act given to the Justices of the Peace of the County of Sussex be extended to the County of Essex and the Justices of Peace of the said County of Essex XVI Stat. 1 W. M. Sess 1. cap. 26. Persons refusing or neglecting to repeat and subscribe the Declaration mentioned in one Act of this present Parliament Entituled An Act for the better securing the Government by disarming Papists and reputed Papists when tendred by two or more Justices of the Peace or forbearing to appear before them upon notice given as the said Act directs and shall thereupon have their Names and Places of Abode certified and recorded at the General Quarter-Sessions as by the said Act is appointed shall be disabled to make any Presentation Collation Nomination or Donation or grant of any avoidance of any Benefice or Ecclesiastical Living as if such Person were a Popish Recusant convict and the Chancellors and Scholars of the two Universities respectively shall have the Presentation Nomination c. of and to every such Benefice c. being within their respective Counties Cities and other the Places and Limits mentioned in the Act of the third of King James I. Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants as in and by the said Act is directed and appointed XVII Persons seiz'd or possess'd of any Advowson right of Presentation Collation c. to any such Ecclesiastical Living Free-School or Hospital in trust for any Papist or Popish Recusant convicted or disabled according to the intent of the said Act of 1 Jac. 1. or of this Act shall likewise be disabled to present nominate or collate to any such Ecclesiastical Living c. or to grant any avoidance thereof and the Chancellors and Scholars of the Universities respectively shall have such Presentations c. as they should have in case such Recusant convict or disabled were seiz'd or possess'd thereof and if any Trustee Mortgagee or Grantee of any avoidance hereafter present c. or cause to be presented c. any Person to any such Living Free-School c. whereof the Trust shall be for a Recusant convict or disabled without giving notice in Writing to the Vice-Chancellor of the University to whom such Presentation c. shall belong according to the intent of this Act within three months after the avoidance he shall forfeit 500 l. to the respective Chancellors and Scholars of either University to be recovered by Action of Debt Bill Plaint or Information c. XVIII Provided that the said Chancellor and Scholars shall not present or
prosecutions in the Court of Kings Bench for Matters and Causes cognizable only in Parliament and by divers other arbitrary and illegal Courses And whereas of late years partial corrupt and unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And excessive Bail hath been required of Persons committed in criminal Cases to elude the benefit of the Laws made for the Liberty of the Subjects And excessive Fines have been imposed And illegal and cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late King James II. having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lord Spiritual and Temporal and divers Principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Boroughs and Cinque-Ports for the choosing of such Persons to represent them as were of Right to be sent to Parliament to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight in order to such an establishment as that their Religion Laws and Liberties might not again be in danger of being subverted upon which Letters Elections having been accordingly made And thereupon the said Lords Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now assembled in a full and free representative of this Nation taking into their most serious consideration the best means for attaining the ends aforesaid do in the first place as their Ancestors in like case have usually done for the vindicating and asserting their ancient Rights and Liberties declare That the pretended Power of suspending of Laws or the Execution of Laws by Regal Authority without consent of Parliament is illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of like nature are illegal and pernicious That levying Mony for or to the use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is illegal That it is the Right of the Subjects to petition to the King and all Commitments and Prosecutions for such petitioning are illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their conditions and as allowed by Law That Election of Members of Parliament ought to be free That the freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusal Punishments inflicted That Jurors ought to be duly impannelled and returned and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are illegal and void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premisses as their undoubted Rights and Liberties And that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any wise to be drawn hereafter into Consequence or Example To which demand of their Rights they are particularly encouraged by the Declaration of his Highness the Prince of Orange as being the only means for obtaining a full redress and remedy therein Having therefore an intire Confidence That his said Highness the Prince of Orange will perfect the Deliverance so far advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives and after their deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the Lords Spiritual and Temporal and Commons do pray the said Prince and Princess to accept the same accordingly And that the Oaths hereafter-mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrin and Position That Princes excommunicated or deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Upon which their said Majesties did accept the Crown and Royal Dignity of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the resolution and desire of the said Lords and Commons contained in the said Declaration And thereupon their Majesties were pleased That the said Lords Spiritual and Temporal and Commons being
Annuities upon the said Act and the said Orders not to be determinable revocable or countermandable as touching the afore-mentioned Orders in the said Act is enacted which said Orders shall be assignable and transferrable in such and the same manmer as is mentioned in the said Act touching Orders given to the Contributors in the said Act mentioned and all the Rates and Duties by the said Act granted over and beside so much as shall bear proportion at the Rates in the said Act mentioned to the whole Sum of 881493 l. 14 s. 2 d. already advanced by the Contributors upon the said Act are and shall be appropriated and applied and are hereby appropriated to and for the payment of the said Annuities yearly Rents or Sums after the rate of 14 l. per Cent. per Annum for every 100 l. to be advanced as aforesaid according to the true intent and meaning of this Act and shall not be diverted or divertible to any other use intent or purpose whatsoever under the like Penalties Forfeitures and Disabilities Penalty for misapplying the Monies given by this Act. Books and Registers to be kept in respect to all and every the Officers in the said Act mentioned as are in the said Act appointed in case of diverting or misapplying any part of the Monies which ought to be paid to the Contributors upon the said Act. And the said Officers are hereby required to keep Books and Registers and make Entries of the Names of all Persons who shall advance any Monies before the said first of May and of the several Sums so advanced and the times of paying in the same respectively and the Names of such Persons for whose Lives the several Annuities or yearly Payments are to be payable without Fee or Reward as in the said Act mentioned And every Person who shall advance or pay any such Sum as asoresaid Interest of 10 l. per Cent. from 1st of May to the 24th of June before the first of May as aforesaid shall receive out of the Mony granted by the said Act for all Mony so advanced by him and paid from the respective days of payment unto the 24th of June as aforesaid Interest at the rate of 10 l. per Cent. per Annum II. Mony payable to any Person by this Act to be free from Duties Surplus to be to the use of their Majesties Any Monies payable to any Person or Persons by virtue of this Act shall not be chargeable with any Rates Duties or Impositions whatsoever and in case there shall be any Surplus or Remainder of the Monies arising by the said Rates and Duties of Excise at the end of any year during the term of ninety and nine years granted therein by the said former Act after making all the Payments which by this or the said former Act are appointed to be paid within the same year or reserving Mony for the same such Surplus or Remainder shall be to the use of their Majesties their Heirs and Successors III. Upon demand of their shares a Certificate of the Life of the Nominee shall be produced Every Contributor upon this or the former Act his or her Executors Administrators or Assigns upon their demanding any half-yearly or quarterly Payment of their respective shares of either of the said Funds unless the Nominee appear in Person at the said Receipt shall produce a Certificate of the Life of his her or their respective Nominee signed by the Minister and Church-wardens of the Parish where such Nominee shall be then living as by the said Act is appointed or otherwise it shall and may be lawful to and for every Contributor his or her Executors Administrators or Assigns at his her or their Election to make Oath of the truth of his her or their respective Nominees Life on the day when the said Payments shall become due before any one or more Justices of the Peace of the respective County Riding City Town or Place wherein such Person at the time of the making the said Oath shall reside and the said Justice or Justices shall make a Certificate thereof without Fee the which shall be filed in the said Office or Receipt of Exchequer And if any Person shall be guilty of a false Oath Penalty of forging a Certificate or forging any Certificate touching the Premises and be thereof lawfully convicted he shall incur the Pains and Penalties to be inflicted upon Persons who commit wilful Perjury or Forgery And in case any Nominee shall at the time of such demand be resident in Scotland or beyond the Seas and any one or more of the Barons of the Exchequer for the time being shall certifie that upon proof to him or them made which proof is to be taken in a Summary way it doth seem probable to him or them that the said Nominee is living the said Certificate being filed as aforesaid shall be a sufficient Warrant for making the said quarterly Payment to the respective Contributors their Executors Administrators or Assigns And if any Person shall receive one or more quarterly Payments upon his her or their Annuity or Annuities for any time beyond the death of his her or their Nominee when the same ought to cease such Person shall forfeit treble the value of the Monies so received IV. And whereas several Persons who did contribute or pay several of the Sums of Mony which have been contributed upon the said recited Act for Shares Dividends Annuities or other Benefits in the said Act mentioned as well upon the benefit of Survivorship as upon the yearly Annuities of 14 l. per Cent. did not name to the Auditor of the Receipt or Clerk of the Pells in the Receipt of the Exchequer within the respective times by the said Act appointed the respective Lives during which such Dividends Shares Annuities or other Benefits respectively were to continue It is hereby enacted Benefit of Survivorship within what time the Lives to be named That if such Persons shall at any time before the first of March next nominate to the Auditor of the Receipt of Clerk of the Pells in the Exchequer the respective Lives their own or others during which such Dividends Shares Annuities or other Benefits should continue respectively that then his her or their Nominees shall be entred in the Books kept in the Receipt for the Nominees And every such Contributor his or her Executors Administrators and Assigns shall have receive and enjoy such and the like Dividends Shares and Annuities and other Benefits in respect of the Monies so contributed as he or she might have had received and enjoyed if the respective Lives for the same had been named within the respective times by the said Act prescribed V. The Surplus to their Majesties not to be charged with any Gift c. Provided that the Surplus or Remainder of the Monies arising by the said Rates and Duties appointed by the said Act be to the use of their Majesties their
directed to any other use Monies for payment of Annuities not to be misapplied under the like Penalties Forfeitures and Disabilities in respect to all and every the Officers and other Persons in the recited Act mentioned as are in the said Act appointed and enacted in case of diverting or misapplying any part of the Monies which ought to be paid to the Contributors upon the said Act And the said Penalties and Forfeitures shall be sued for and recovered in such manner and form as the Penalties in the said recited Act are appointed to be sued for and recovered in which Suit no Protection Priviledge of Parliament or other Priviledge Wager of Law or more than one Imparlance shall be allowed Books to enter the Names of such as advance Mony before the 29th of Sept. And the said Officers shall keep Books and Registers and make Entries of the Names of all Persons who shall advance any Monies before the said 29th day of September and of all the Sums advanced and the times of paying in the same and the Names of such Persons for whose Lives the several Annuities are to be payable without Fee or Reward to which Book all Persons concerned shall have access as in the said Act also is directed All which the said Officers are to do under the like Penalties Forfeitures and Disabilities as in the said recited Act are mentioned 10 l. per Cent. for Monies advanced to the 29th of Sept. And every Person who shall advance and pay in any such Sum before the said 29th day of September shall receive out of the Mony granted by this Act for all Monies so advanced by him and paid from the respective day of payment unto the said 29th day of September Interest at the rate of 10 l. per Cent. per Annum And none of the Monies payable by this Act shall be charged with any Rates or Impositions whatsoever XXVI Infant a Nominee and Contributor within this Act. Any Guardian or Trustee of any Infant may advance and pay the Sum of 100 l. of the Monies of such Infant upon the respective Terms and Recompences herein mentioned And if it be upon an Annuity for Life he shall within the time before appointed for the naming of Lives name the said Infant to be a Nominee and such Infant upon payment of the Sum shall become a Contributor within the meaning of this Act and be entituled to have and receive a Proportion Guardian discharged as any other Contributor And the said Guardian and Trustee as to the said Sum of 100 l. so advanced is hereby discharged XXVII Contributor demanding Mony shall produce a Certificate of the life of the Nominee Every Contributor upon the Terms of having an Annuity for one two or three Lives his or her Executors Administrators and Assigns upon demanding any Payments unless the Nominee or Nominees or one of them appear in Person at the said Receipt shall produce a Certificate of the Life of his her or their Nominee or Nominees or one of them signed by the Minister or Church-warden of the Parish where such Nominee shall be then living Or make Oath or make Oath of the truth of the Life of his her or their respective Nominee or one of them upon the day when the payment shall become due before one or more Justices of the Peace of the County Riding City or Town wherein such Person at the time of making the said Oath shall reside which Oath the Act gives power to administer And the Justice or Justices shall make a Certificate thereof for which Oath and Certificate no Fee or Reward shall be required And the Certificate shall be filed in the Office of Receipt of Exchequer And if any Person shall be guilty of a false Oath Penalty of a false Oath or forging a Certificate and be thereof lawfully convict he shall incur the Penalties to be inflicted upon Persons who commit wilful Perjury or Forgery And in case any Nominee at the time of such demand be resident in Scotland or beyond the Seas and any one or more Barons of the Exchequer shall certifie that upon proof to him or them made which proof may be taken in a summary way it doth seem probable that the Nominee is living which Certificate is to be given and examination made without Fee or Charge the said Certificate being filed shall be a sufficient Warrant for making the said Payment And if any Person shall receive any payment after the death of his Nominee Penalty for receiving Mony after death of Nominee he shall forfeit treble the value of the Monies so received one half to their Majesties their Heirs and Successors the other half to the Party that will sue for the same XXVIII If the whole 1200000 l. be not paid how the deficiency to be supplied In case the whole Sum of 1200000 l. shall not be subscribed and paid into the Exchequer then so much of the said yearly Sum of 100000 l. hereby intended to answer the Recompence for the same as by such deficiency shall by this Act be undisposed is hereby appropriated so far as the same shall amount to pay any Person and Persons who shall advance and pay any Sums of Mony into the Exchequer before the first of February 1694. on account to have an Annuity or Annuities for one two or three Lives such respective Sums for such respective Life or Lives according to such rate and proportion and for such time and under such Rules and Directions as are herein before contained with relation to such as shall advance and pay the said 300000 l. XXIX If the whole 1500000 l. be not paid by the 1st of Octob. 1694. their Majesties may borrow so much as will make it up If the whole Sum of 1500000 l. be not paid into the Exchequer upon this Act before the first of October 1694. then their Majesties or their Officers in the Receipt of the Exchequer by their Command and Appointment may borrow for their Majesties use by way of Loan any Sum or Sums which together with the value of the Sums before the said first of October contributed shall not exceed the Sum of 1500000 l. which Sum or Sums so taken by way of Loan may be charged upon the Credit of their Majesties Exchequer in general and Tallies of Loan and Orders of repayment shall be levied and drawn accordingly which Orders shall be assignable and transferrable All Sums of Mony so borrowed not exceeding as aforesaid together with Interest for the same not exceeding 8 l. per Cent. per Annum At 8 l. per Cent. to be paid every three months until satisfaction of the Principal shall be payable and satisfied unto the Lender or Lenders his her or their Executors Administrators or Assigns out of the Monies brought into the Exchequer by Contributions upon this Act Aids granted by next Parliament to supply defects so far as the same shall extend