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A39465 A continuation of the abridgment of all the statutes of K. William and Q. Mary, and of King William the Third, in force and use begun by J. Washington of the Midd. Temple Esq. ; revised and continued after his death to the end of the session of Parliament, 27 April, 1696 and now further continued, from the beginning of the second session of the Third Parliament, 20 October 1696, to the end of the third and last session of the said Third Parliament, 5 July, 1698 ; with two new tables.; Laws, etc. England and Wales.; Washington, Joseph, d. 1694. 1699 (1699) Wing E901; ESTC R10134 164,075 204

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than sufficient to pay the Interest at 5 per Cent. for the said Principal Sum of 330769 l. 10 s. 7 d. then the Surplus shall remain in the Exchequer and not be disposed of otherwise than by Act of Parliament CCXXV. The Commissioners of the Treasury or Lord Treasurer for the time being may out of the Money so raised pay to the said Commissioners their Clerks or other persons such Moneys as they shall reasonably deserve for their Service in relation to this or the foresaid Act. CCXXVI This Act shall not extend or be construed to give any Power to any Hawker c. to sell or expose any Wares or Merchandizes in any City Town Corporate or Market Town within this Realm otherwise than might have been done before the making of this Act. CCXXVII Stat. 9 10 W. 3. cap. 8. All the Duties which have been or hereafter shall be paid into the Exchequer by virtue of the Act made the last Sessions of Parliament Intituled An Act for Granting to His Majesty certain Duties upon Malt Mum Sweets Cyder and Perry as well towards Carrying on the War against France as for the necessary Expences of His Majesties Houshold shall be applied to the Payment of the Loan of 200000 l. Borrowed thereupon with Interest for the same or so much as remains due and unpaid thereof and to the Discharge of certain Bills and Tickets issued thereupon with Interest in the first Place in such Course and Order as the said Act directs and to no other use whatsoever until the said Loan and the said Bills and Tickets with Interest shall be fully paid CCXXVIII The Rules and Directions in an Act made 1 W. M. Intituled An Act for a Grant to their Majesties of an Aid of Two Shillings in the Pound for One year for the speedy Payment of Moneys thereby Granted into the Exchequer by the Collectors and Receivers thereof and for the Distribution and Application thereof and keeping distinct Accounts of the same and the Penalties in case of Diversion of any Money thereby Appropriated are hereby revived touching the Distribution of the Duties hereby Appropriated CCXXIX Stat. 9 10 W. 3. cap. 10. Enacted That the Sum of One Million four hundred eighty four thousand and fifteen Pounds One Shilling Eleven Pence three Farthings be Levied and Paid to his Majesty within the space of One Year from 2 Febr. 1697. according to the Proportions on the several Cities Towns and Counties in the Act mention'd CCXXX Towards the raising whereof all persons having any Estate in ready Money or Debts Wares Merchandizes or other Chattels except such Debts as they do bona fide owe and desperate Debts owing to them and except Stock upon Land and Houshold Goods and Loans to his Majesty shall pay 3 s. in the Pound of the true yearly value for One year that is to say For every Hundred Pounds the Sum of 18 s. and so for a greater or lesser Sum. CCXXXI All persons having any publick Office or Imployment of Profit Military Officers in Muster or Pay in his Majesties Guards Garisons or Navy excepted and their Agents Clerks and Inferiour Ministers shall pay 3 s. in the Pound for One year out of the Fees or Profits of their Offices or Imployments CCXXXII All Manors Messuages Lands and Tenements and all Quarries Mines Iron-works Salt-works Allom-works all Parks Chaces Warrens Woods Under-woods Coppices all Fishings Tithes Tolls Annuities and other yearly Profits and Hereditaments and all Persons Bodies Politick and Corporate Guilds and Fraternities having any such Lands Tenements or Hereditaments shall be Charged with as much equality as possible towards the Sums by this Act imposed which shall be Paid into the Exchequer by Four Quarterly Payments the first whereof to be upon 2 May 1698. CCXXXIII The Landlords Owners and Proprietors of such Lands Tenements and Hereditaments may abate out of every Fee-farm Rent or other Annual Rent or Payment so much as the same shall by a just proportion amount unto CCXXXIV For the more effectual putting this Act in execution the several Persons in the Act named shall be Commissioners who shall meet together in their several Districts on or before 20 April 1698. and afterwards as often as shall be necessary and shall set down in Writing the Proportions to be paid by every Division for making up the whole Sum and may subdivide themselves so as Two or more be appointed for each Division but not to restrain the Commissioners from Acting in any other part of the County or Place for which they are nominated Commissioners CCXXXV Which Commissioners at their General Meeting shall give Lists to the Receiver General of those who are to act in each Division which Commissioners in their several Divisions shall cause the Proportions to be equally Assessed and shall direct their Precepts to such Inhabitants c. as they shall think convenient to be Presenters and Assessors requiring them to appear at a place and time not exceeding Ten days and shall then charge them with the Execution of this Act And if any persons to whom such Precept is directed shall absent themselves without lawful Excuse or shall refuse to serve they shall forfeit a Sum not exceeding 5 l. CCXXXVI The Commissioners shall appoint Two or more of the most sufficient Inhabitants of each Parish c. to be Assessors and shall prefix them a day and place to bring in their Assessments who are to Assess the full Sum given them in Charge and bring in a Certificate thereof with the Names of Two or more able persons living within the respective limits to be Collectors for whom the Parish or Place shall be answerable CCXXXVII Every Assessor before he acts shall take the Oaths appointed 1 W. M. to be Administred to them by Two or more of the Commissioners and shall deliver one Copy of their Assessment to the Commissioners who shall Sign and Seal Two Duplicates thereof one to be delivered to the Collectors the other in Parchment to the Receiver General containing the full Sum Assessed on each Parish or Place and shall transmit a like Duplicate to the Kings Remembrancers Office on or before 24 June 1698. or within 20 days after all Appeals being first determined CCXXXVIII The Collectors shall Levy the Rates so Assessed and shall demand the same of the Parties themselves or at the place of their last abode or upon the premisses charged and shall pay the same to the Receiver General or his Deputy at such time and place as the Commissioners shall appoint so as the whole Sum for each Quarterly Payment be made according to the Act. CCXXXIX And the Receiver General is to give Notice of his Deputies to the Commissioners within Ten days after the first General Meeting and so within Ten days after the death or removal of any Deputy and the Receipt of such Receiver General or his Deputies shall be a Discharge to the Collectors who shall not be obliged to travel above Ten
or discharged but by Consent of the majority of the Commissioners who Imposed the same but shall be Levied by Distress or Sale of the Offenders Goods and in default of Goods the Offenders shall be Imprisoned till payment of the Fines XLIII The Collectors not paying the Money they Collect according to the direction of the Act are to be Imprisoned and their Estates Seized Whereupon the Commissioners are to appoint a General Meeting of which Six days Notice at least is to be given and then to Sell what shall be so Seized or any part thereof XLIV At the Expiration of the time for the full payment of all the said Monthly payments the Commissioners are to examine into the full payment of the Sums Charged and in case of failure to cause the same to be forthwith Levied and Paid XLV If any Controversie arise concerning the Assessing the Commissioners the Commissioners concern'd shall withdraw during the Debate and in default thereof shall be Fined not exceeding 20 l. And all Questions and Differences are to be determin'd by the Commissioners without Suit in Law XLVI A Proviso against Charging any Colleges or Halls in the Universities or the Colleges of Windsor Eaton Winchester or Westminster The Corporation of Clergymens Sons Bromley Colledge or the Settlement in Trust of Tobias Rustat on Jesus College or any Alms-Houses or Free-Schools or any Master Fellow or Scholar of any College or Free-School or any Reader Officer or Minister of the Universities or the Masters or Ushers of any Schools or Alms Men of any Hospital or Alms-house for their Stipends or the Houses or Lands of Christs Hospital St. Bartholomews Bridewell St. Thomas and Bethlehem Hospital or the Poor of any Hospital whose Annual Maintenance doth not exceed 20 l. Provided that the Tenants of such Hospitals c. shall be Rated for what the Lands are worth above the Rents reserved XLVII All places are to be Assessed in such County Division or Place where usually Assessed Provided that West Barnfield Hundred in Kent may be Assessed in the Lathe of Scray Northmore Tything in Oxfordfordshire in the Hundred of Bampton The Tythings of Charlbury Faller and Finstock in the Hundred of Chadlington The Town and Parish of Leeds in Yorkshire in the Hundred of Seyrack XLVIII A Proviso that this Act shall not make void any Contracts between Landlords and Tenants or any others touching Taxes XLIX If any Action be Commenced or Prosecuted for any thing done in pursuance of this Act the Defendant may plead the general Issue and this Act and the Special Matter in Evidence and if the Plaintiff be Nonsuit or Verdict pass against him the Defendant shall recover Treble Costs L. The Receivers General shall give the Head Collectors Acquittances gratis and so shall the Head Collectors to the Subcollectors LI. The Subcollectors shall deliver Schedules to the Head Collectors of those that make default of Payment where there is no Distress which Schedules are to be deliver'd to the Receivers General to be return'd into the Exchequer And where Land or Houses are unoccupied and no Distress nor the person of the Owner to be found within the County such persons Name is to be Certified into the Exchequer and Process thereupon is to issue against the Body Land and Goods LII In case of Non-payment for Woodlands and no Distress to be had so much of the Wood Timber Trees excepted may be Felled and Sold as will pay the Assessment And in case of Non-payment of Tythes Tolls Profits of Markets Fairs Fisheries or other Annual Profits not Distrainable so much thereof may be seized and Sold as the Tax amounts unto LIII Receivers General returning any into the Exchequer who have paid their Tax are to Forfeit treble Damage to the Party agrieved and to his Majesty double the Sum unjustly certified LIV. The Commissioners are to Assess each other within their Division and are also to Assess the Assessors LV. All persons having any share in the New-River Thames Hide-Park Marybone or Hampsted Waters or any Profits arising thereby or any Stock in the Office for Insuring of Houses or in the Convex or other Lights or in the Kings Printing House shall pay 3 s. in the Pound of the full yearly Value and these Stocks or Shares and all Companies of Merchants in London are to be Assessed by Three or more of the Commissioners appointed for the City of London and the Sums to be paid by the respective Governors Treasurers or Receivers LVI The Commissioners are to require an Account from time to time of the Moneys Receiv'd by the Receivers General and of the Payments thereof into the Exchequer and in case of failure to cause the same to be forthwith Levied LVII No Letters Patents or Privileges shall exempt any from Payment of the Rates in this Act. LVIII Provided that no person be compelled to be an Assessor or Collector out of the Limits of the City Borough or Town Corporate where he lives LIX And provided that the Assessments on Houses where Foreign Ministers shall be resident shall be paid by the Landlord or Owner LX. In all Privileged and extraparochial Places the Commissioners are to Nominate two persons in or near the said places to be Assessors LXI A Proviso that no Commissioner shall be liable to the Penalties in the Act of 25 Car. 2. touching Popish Recusants nor be capable to Act before he hath taken the Oaths in the Act 1 W. M. For Abrogating the Oaths of Allegiance and Supremacy and also the Oath hereby appointed which Oaths any Two of the Commissioners are to Administer LXII Every Papist or reputed Papist of the Age of Sixteen Years or upwards not having taken the Oaths in the said Act of 1 W. M. is to pay double unless he or she take the Oaths within Ten Days after the first meeting of the Commissioners LXIII Every person of Sixteen years of Age or upwards who shall not have taken the Oaths before the time of the Execution of the Act and being Summon'd shall refuse to take the Oaths or neglect to appear before the Commissioners in order thereto shall pay double LXIV Every Gentleman or so reputed or being above that Quality who by the Act 3 W. M. for the Quarterly Poll did or ought to have paid double and shall not voluntarily take the Oaths before Two or more Commissioners within Ten days after their first meeting shall pay double LXV And the Commissioners upon Information or Suspicion are to Summon the person suspected to appear and take the Oaths Quakers instead of the Oaths may Make and Subscribe the Declaration of Fidelity 1 W. M. and so doing shall not be liable to double Rates LXVI Provided that where the Owners of Lands are liable to double Rates such Owner only shall pay the double Rate and not the Tenant notwithstanding any Covenant for payment of Taxes LXVII A Proviso that no person be liable to the Pound Rate whose Lands c. are
Miles from their Habitations CCXL The Sum of 371003 l. 15 s. 6 d. for the first Quarterly Payment shall be paid to the Receivers General on or before 2 May 1698. And the like Sum for the second Quarterly Payment on or before 2 Aug. 1698. The like Sum for the third Quarterly Payment on or before 2 Nov. 1698. And the Sum of 371003 l. 15 s. 5 d. three Farthings for the last Quarterly Payment on or before 2 Feb. 1698. CCXLI. Every Receiver General within a Month after he shall have received the full Sum charged on any Division for each particular Payment shall give the Commissioners a Receipt which shall be a full Discharge for such particular Payment Which Receivers General shall within Twenty days after their Receipt pay the same into the Exchequer and shall be Allow'd 2 d. in the Pound for what they shall so pay in CCXLII. The Collectors shall have 3 d. in the Pound for what they Collect and Pay pursuant to the Act And the Commissioners Clerks shall be allow'd Three Half-pence in the Pound for Writing the Assessments Duplicates c. CCXLIII Persons refusing or neglecting to pay the Collectors are to Levy the Sum Assess'd by Distress and having kept the same Four Days at the Owners Charge then to be Appraised and Sold and the Overplus return'd And it shall be Lawful to break open Houses in the day time and by Warrant from Two Commissioners any Chest c. calling to assistance the Constables c. and all Questions concerning Distresses shall be Determin'd by the Commissioners CCXLIV Persons refusing to pay their Assessment by the space of four days after demand or conveying away their Goods except a Peer or Peeress shall be committed to Goal till Payment be made CCXLV The Tenants are to pay the Tax and deduct the same out of their Rents which the Landlords are requir'd to allow CCXLVI Tenants paying the Assessments shall be discharg'd for so much and the Commissioners shall have power to settle Differences between Landlord and Tenant or others concerning the Tax CCXLVII. Persons over-rated complaining to the Commissioners within six days after Demand may be relieved within ten days after Demand of the said Assesment and Appeals once determin'd to be final CCXLVIII In case the Proportions set by this Act on any County c. shall not be duly answer'd as first laid the Commissioners are to cause new Assessments to be made CCXLIX Any person neglecting or refusing to do his Duty in the execution of the Act may be fined as the Commissioners shall think fit not exceeding 20 l. which Fine shall not be taken off but by consent of the Commissioners who Impos'd the same but shall be paid into the Exchequer and inserted in the Duplicates CCL Collectors not paying the Money they receive as the Act directs are to be imprison'd and their Estates Real and Personal seiz'd and sold for satisfaction CCLI The Commissioners are to examine whether the Money Assess'd be duly Collected and Returned to the Receivers General and by them paid into the Exchequer and in case of failure to cause the same to be forthwith levied and paid CCLII In case any Controversie arise about the Assesments which concerns any Commissioners the Commissioners concern'd are to withdraw during the Debate and in default the Commissioners present may set a Fine not exceeding 20 l. CCLIII No Priviledged Place or person shall be Exempt from the Assessment but they and also all Fee-Farm and other Rents and Payments issuing out of Land shall be Taxed and paid by the Tenants who shall thereupon be kept harmless CCLIV This Act shall not extend to charge any College or Hall in the Universities the Colleges of Windsor Eaton Winton and Westminster the Corporation of Clergymens Sons Bromley Colledge or any Hospital for the Sites thereof nor any Master Fellow Scholar Reader Officer or Minister of the Universities c. nor Masters or Ushers of Schools for their Stipends nor the Houses or Lands of Christs Hospital St. Bartholomews Bridewell St. Thomas or Bethlehem Hospital or Mr. Askes Hospital at Hoxton or the Charity of Zechariah Jepson at Rippon or of the said Corporation of Clergy-mens Sons or Bromley College nor any other Hospital or Alms house in respect only of Rents for the immediate relief of the Poor therein CCLV. Nevertheless the Tenants of Lands or Houses belonging to Hospitals shall be rated for what such Houses and Lands are worth above the Rents reserved and the Tenants to Colleges c who by their Leases or Contracts are to pay Taxes shall not be discharged CCLVI. All Auditors and Receivers of Rents due to the King or Queen Dowager shall allow a Rate to be abated in proportion to the Tax on the Lands c. out of which they are payable CCLVII Persons inhabiting in London or any other City or Town Corporate shall be Taxed in the Parish or ward where they dwell CCLVIII. No Clause or Proviso in this Act shall lessen the Sum appointed to be levied by the Act. Nothing in this Act shall make void any Contracts between Landlord or Tenant or others touching payment of Taxes CCLIX All places shall be Assess'd in such County Division or Place where usually assess'd Provided that West-Barnfeild Hundred shall be Assess'd in the Lath of Scray in Kent Northmore Tything in the Hundred of Bampton in Oxfordshire Charthbury Faller and Finstock Tythings in the Hundred of Chadlington the Town and Parish of Leeds in Yorkshire in the Hundred of Skyrack and the Forest of Chute where the same was Assess'd to the first 4 s. Aid CCLX If any Action be brought for any thing done in pursuance of this Act the Defendant may plead the General Issue and give this Act and the special Matter in Evidence and if the Plaintiff be Nonsuit c. the Defendant shall recover treble Costs CCLXI Where Lands or Houses are unoccupied and no Distress found Distress may be made at any time after by the Collectors Constable or Tything Man and unless redeem'd in four days may be sold rendring the Overplus to the Owner and distributed proportionably to the Parties who contributed to the Tax of the said unoccupied Lands CCLXII Where Wood-Lands are Assess'd and no Distress can be had the Collectors c. by Warrant from the Commissioners at seasonable times of the year may cut down and sell so much Wood Timber Trees excepted as will pay the Assessment CCLXIII Where Tythes Tolls Profits of Markets c. are Taxed and the same not paid in fifteen days after demand the Collectors c. by Warrant of the Commissioners may seize so much of the said Tythes c. as will pay the Tax CCLXIV Receivers General returning any Persons into the Exchequer who have paid the Tax shall forfeit treble Damages to the Party grieved and to his Majesty double the Sum returned CCLXV. The Commissioners shall Assess each other for personal Estates and Offices so as such personal Estate and
Proof upon Oath before the next Justice of Peace that the same was duly Entred and a Warrant for Conveyance obtain'd it shall likewise be Forfeited And the Persons so Carrying the same away shall Forfeit to His Majesly double the Value and also 10 s. per Bushel LXXVII No Retailer or Shopkeeper shall ship any Salt for any Port of this Kingdom before Oath or other Proof made before the Collectors that the Duty is Paid or Secured LXXVIII Masters of Ships Carrying Salt or Rock-Salt from one Port to another shall before they have a Warrant for Landing it Deliver to the Collectors Particulars thereof upon Oath and that no more hath been Laded since their coming out of Port and upon Landing any Part thereof at any other Port shall have a Certificate thereof or Forfeit double the Value so Landed and also 10 s. per Bushel LXXIX No Fees shall be taken for Debentures Tickets Warrants or Licenses touching the said Duties LXXX Provided that for Fish exported there be allowed over and above all former Allowances For every Cask of Pilchards er Scads from 1 July 1698 to 25 December 1699. 20 s. and after 24 December 1699. 28 s. For every Barrel of White Herring from ● July 1698. to 25 December 1699. 4 s. 2 d. And from 24 December 1699. 5. s. 10 d. For every Barrel of Red Herring from 1 July 1698. to 25 December 1699. 3 s. 4 d. and after 24 December 1699. 4 s. 8 d. For every Barrel of Salmon from 1 July 1698. to 25 December 1699. 8 s. 4 d. and after 24 December 1699. 11 s. 8 d. For every Hundred of Codfish Ling or Hake after 1 July 1692 and before 25 December 1699. 25 s. and after 24 December 1699. 35 s. For every Last of Dried Red Sprats after 1 July 1698. 6 s. 8 d. LXXXI Which Allowances shall be Paid by the Salt Collector in the Port from whence such Fish is Exported within Thirty Days after Demand upon a Debenture duly verified and Oath made that the Fish was English taken and really Exported beyond Sea And if the Collector have not sufficient Money to pay the same upon his Certificate the Commissioners of Excise shall be Chargeable therewith out of the first Money in their Hands on the said Salt Duties And any Officer neglecting or refusing to pay the said Money or give such Certificate shall forfeit double the Sum payable LXXXII Upon Exporting any Salt Foreign or English or Rock-Salt the Officer where such Salt was Made or Imported and the Duty Paid or Secured shall deliver Certificates thereof gratis and the Officer at the Place of Exportation shall thereupon give a Debenture for Repayment of the Duty by the Officer where it was before Paid or Secured LXXXIII All Salt Imported or Brought into England Wales or Berwick not there Made shall pay as Foreign Salt and Scotch Salt brought into England by Land shall be entred at Carlisle or Berwick under forseiture of double the value and also 10 s. per Bushel LXXXIV Persons Sued for any thing done in pursuance of this Act may Plead the General Issue and give the Act in Evidence and if the Plaintiff he Cast Nonsuit or forbear Prosecuting the Desendant shall have double Costs LXXXV No Writ of Certiorari shall supersede the Orders of the Commissioners of Excise or Justices of Peace touching the Duties on Salt LXXXVI No Salt shall be Delivered from any Salt-works without Notice given to the Officer on Pain of Forfeiture and also 10 s. per Bushel One half to the Prosecutor the other to the King LXXXVII If any Exported Salt after the Duty has been repaid be Landed in this Kingdom before the Duty be again paid the Offender shall forfeit double the value thereof and 10 s. per Bushel LXXXVIII Subjects of this Realm shipping Salt for any part of England in a Ship perishing at Sea or taken by Enemies upon proof thereof before the Justices in Session of the loss of such Salt shall be allowed to buy the like quantity without Duty LXXXIX Salt-Rock or Rock-Salt after Entry and a Warrant may be removed to convenient Ware-houses and the Duty need not be paid or secured till sold and delivered XC No Person shall be obliged by any Contract made before 25 Dec. 1698. to deliver any Salt or Rock Salt unless the Buyer pay the Duty XCI Salt-Rock or Rock-Salt shall be Entred by Weight only at 120 pound weight to the Bushel XCII Refiners of Rock-Salt which had paid the Duty shall have an Abatement over and above any former Allowances of 2 s. 4 d. per Bushel XCIII The charge of managing this Duty on Salt may be paid out of the said Duties XCIV Salt made from Rock-Salt allowing the Drawback and all Refined Salt Imported or Made in England is to be charged with the said Duties XCV All Salt except Rock Salt shall be ascertained as to the Duty at 56 pounds weight to the Bushel XCVI All Salt brought from Scotland and all Imported and Home-made Salt brought in or landed before due Entry shall be forfeited and 10 s. per Bushel XCVII The Collectors of the said Salt Duties shall provide Scales at every Salt-work and Persons living near such Salt-works or Salt-pits shall be Sworn Weighers and paid for the same by the Collectors XCVIII The Officers shall deliver as many Warrants or Permits to Salt Carriers as they desire gratis for what they shall Load at one time XCIX All Persons shall sell Salt except foreign Salt after 56 pound weight to the Bushel under Penalty of 5 l. to the Informer C. The Lord Mayor and Court of Aldermen in London shall by to July 1698. ascertain the price of Salt within the City of London and Bills of Mortality And the Justices of Peace in their General Sessions for other Places by 1 Aug. 1698. And so from time to time if necessary And Persons selling for higher prices or refusing to sell at the prices settled shall forfeit 5 l. to be Levied by Distress and Sale of Goods by Warrant from the Lord Mayor aforesaid or a Justice of Peace of the Place who in default of a Distress may Imprison the Offender till payment thereof one Moiety to the King the other to the Prosecutor CI. The Commissioners of Excise and Commissioners for the Stamp Office respectively shall keep apart and pay Weekly into the Exchequer the Duties on Salt by this Act granted and the Additional Duties on Stampt Velum Parchment and Paper granted to his Majesty his Heirs and Successors by an Act of this present Session and a distinct Register thereof shall be kept in the Exchequer CII The Commissioners for managing the said Duties not paying the same duly into the Exchequer or misapplying any part thereof shall forfeit their Places and be uncapable of any Place of Trust and pay double the value so misapplied CIII In the Excise Office and Stamp Office there shall for ever be Commissioners and Comptrollers for the Execution