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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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custody or stood upon Bail on the said 13th day of February shall be proceeded against as if the said Crimes had been committed before the said 11th day of December and all Persons for any Matter arisen since the said 11th day of December and before the said 13th day of February shall be liable to any Action and it shall be sufficient in all Indictments and Informations for any such Crimes and in all Actions and Declarations for any such Cause to alledge the Year of our Lord instead of the Year of the King and in such Indictments Informations or Actions wherein Conclusions used to be contra Pacem Domini Regis to conclude contra Pacem Regni and Indictments for Felonies committed within that time shall be good having the words contra Pacem Regni though the words Domini Regis Coronam Dignitatem be omitted X. Recognizances Statutes and Obligations made since the said 11th day of December and before the said 13th day of February in the Name of and to the late King James II. shall be good and may be sued in their Majesties Names and all Persons who were bound by Recognizance to the said late King to appear in the Court of Kings Bench at any time in Hill Term or at the next Assizes Oyer and Terminer General Gaol-delivery or of the Peace shall be obliged to appear in the said Court of Kings Bench on the first day of Easter-Term 1689. and at the next Assizes Sessions of Oyer and Terminer c. under the Penalty of forfeiting the said Recognizance c. XI Writs and Process issuing out of any of the Courts of Westminster as of Mich. Term 1688. that have been executed before they were returnable and all Bills Plaints Judgments and Proceedings in any Inferior Court and Executions thereupon since the said 11th day of December and before the said 13th day of February shall be good as if the said late King had continued so XII Bail Bonds taken by Sheriffs c. though not lawfully qualified since the first day of November 1687. and Recognizances of Bail taken since the said 11th day of December before any Person who upon the first day of December last was Justice of the Kings Bench Common Pleas or Baron of the Exchequer shall be good and may be inroll'd in Easter-Term 1689. and all Commitments to prison on any Writ or Process by the said Judges since the said 11th day of December shall be good in Law XIII No part of the time from the 10th of December 1688. until the 12th of March 1688. shall be accounted as part of the six months from the time of the avoidance of any Church in which any Person is bound to bring his darrein Presentment or Quare impedit or as any part of the time in which any Person by virtue of any Statute of Limitation ought to bring his Action Iudgments I. Stat. 4 5 W. M. cap. 20. The Clerk of the Essoins of the Court of Common Pleas every Clerk of the Doggets of the Court of Kings Bench and the Master of the Office of Pleas in the Exchequer shall before the end of every Easter-Term put into an Alphabetical Dogget by the Defendants Names a particular of all Judgments for Debt by Confession non sum Informatus or nihil dicit entred in the said respective Courts of the Term of St. Hillary preceding containing the Names of the Plaintiffs and Defendants their Places of Abode Title Trade or Profession if any such be in the Record and the Debt Damages and Costs recovered thereby and where the Actions were laid and the Number-roll of the Entry thereof and every Clerk of the Judgments and other Clerk of the Courts of Common Pleas and Kings Bench shall within ten days before the said time bring to the Clerks of the Doggets Notes in Writing of all the Judgments by them entred of the said Term of St. Hillary upon Verdicts Writs of Enquiry Demurrer and every other Judgment for Debt or Damages in all things as aforesaid and that the Clerk of the Judgments and every other Clerk of the Exchequer shall within the time aforesaid bring unto the Master of the Office or Pleas the like Note in Writing of all the like Judgments by him entred to the end they may be respectively entred and the respective Officers and Clerks shall before the last day of the Term of St. Michael make the like Doggets containing all Judgments of the Terms of Easter and Trinity in all things as aforesaid and before the last day of every Hillary-Term the like Doggets of Judgments in Michaelmass-Term The said Doggets to be kept in Books in Parchment to be searched and viewed by all Persons at reasonable times paying for every Terms search 4 d. and no more on pain that every Clerk of the Essoins of the Court of Common Pleas Clerk of the Doggets of the Kings Bench and Master of the Office of Pleas in the Exchequer and every Clerk before-mentioned shall for every Term in which he shall neglect his Duty forfeit 100 l. one moiety to the Party grieved and the other moiety to the Prosecutor II. No Judgment not doggetted as aforesaid shall affect any Lands as to Purchasers or Mortgagees or have any preference against Heirs Executors or Administrators in the administration of their Ancestors Testators or Intestates Estates III. The Plaintiffs in every of the said Judgments shall pay to the Clerks of the Judgments for every Judgment entring 4 d. over and above the Fees now due IV. This Act to continue for one year from the 25th day of March 1693. and from thence to the end of the next Session of Parliament King and Queen I. STat. 2 W. M. Sess 1. cap. 1. The Lords and Commons publish declare and enact in Parliament that they do recognize and acknowledge that their Majesties are and of Right ought to be by the Laws of this Realm their Soveraign Liege Lord and Lady King and Queen of England France and Ireland c. in and to whose Princely Persons the Royal State Crown and Dignity of the said Realms with all Honors Prerogatives c. are fully rightfully and entirely invested incorporated united and annexed II. All and singular the Acts made in the Parliament assembled the 13th day of Febr. 1688. were and are the Laws and Statutes of this Kingdom and as such ought to be reputed taken and obeyed Leather I. STat. 1. W. M. Sess 1. cap. 23. Whereas an Act made in the 20th year of King Charles II. Entituled An Act for giving liberty to buy and export Leather and Skins tanned or dressed was revived by another Act made in the first year of the Reign of the late King James II. Entituled An Act for reviving a former Act for exporting Leather which Act will expire at the end of this Sessions Be it enacted that the said two Acts be revived and continue in force from the end of this Session of Parliament for seven
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
shall be charged upon the Credit of the Exchequer in General and Tallies of Loan and Orders of Repayment levied which Orders shall be assignable LXXXV All Sums of Money so to be borrowed with Interest for the same not exceeding 7 l. per Cent. or so much thereof as shall not be repaid out of the Money that shall be advanced upon the Terms herein mentioned at or after the 24th day of June 1693. and before the 29th of September following all which Moneys to be advanced between the said 24th of June and 29th of September shall be appropriated for the discharging the Loans made upon this Act shall be satisfied to the Lenders out of any of the next Aids to be granted in Parliament and shall be transferrable as soon as such Aid shall be granted And in case no Aid be granted before the 2d of February 1693. the said Sums shall be satisfied out of any of Their Majesties Treasure not already appropriated by Act of Parliament LXXXVI And if the Sum of 500000 l. part of the said Sum of 1000000 l. be not advanced before the 1st of May 1693. Their Majesties may borrow upon Interest as aforesaid any Sum not exceeding 500000 l. to be paid out of such Moneys as shall be advanced upon this Act between the said 1st day of May and the said 29th day of September in case the Money so advanced be sufficient or otherwise so much thereof as the same shall extend to pay and the residue of the said Sum of 500000 l. shall be reckoned as part of the said Sum before directed to be paid out of the next Aids to be granted in Parliament LXXXVII If the whole Sum of 1000000 l. be not advanced before the said 1st day of May any persons after that day and before the 29th of September next following may advance any Sums not exceeding in the whole with what shall have been advanced before the said 1st day of May the Sum of 1000000 l. upon the Terms following viz. That every such Person out of the Duties arising by this Act shall have for every 100 l. a yearly Annuity of 14 l. for his own or any other Life to be by him nominated as aforesaid within 6 days after Payment which Annuities shall commence from the 29th of September 1693. and be paid at the Four most usual Feasts in the year And upon Payment of any such Sums the Persons paying the same shall have one or more Tallies importing the Receipt thereof and Orders for Payment c. to be sign'd as aforesaid and not to be revocable and to be assignable And the Moneys arising by the Duties hereby granted besides so much as shall bear proportion as aforesaid to the Sum which shall be advanced before the 1st day of May 1693. shall be appropriated to the Payment of the said Annuities and not be diverted under the like Penalties as are before appointed in case of misapplying c. The said Officers shall keep Books and make Entries of their Names who shall advance Money after the said 1st day of May and of the Sums advanced and the times of paying in and the Names of the Nominees without Reward to which Books all Persons concern'd shall have access under the Penalties and Disabilities aforesaid and they that shall advance any Sum after the said 1st of May shall have Interest for it till the 29th of Septem 1693. at the rate of 10 l. per Cent. LXXXVIII If any Contributor who shall have advanced any Sum before the said 1st of May shall before the said 29th of September be desirous in lieu of his Share in the Fonds to have an Annuity of 14 l. a year for any Sum of 100 l. by him advanced during the Life of his Nominee a Memorial thereof shall be entred in a Book for that purpose to be kept in the Receipt and the said Entry being sign'd by such Contributor he shall receive such Annuity as if the Moneys by him advanced had been paid in after the 1st day of May And such Contributors Share in the Fonds shall determine for Their Majesties Benefit LXXXIX The Surplus of any Money arising by this Act after the several Proportions of the Fonds and the Annuities and Interest paid shall be to the Use of Their Majesties XC No Moneys lent or payable by Virtue of this Act shall be charged with any Impositions whatsoever XCI Grants or Dispositions of any Money arising by this Act to be made by Their Majesties Their Heirs c. otherwise then by this Act is appointed shall be null and void Frauds I. STat. 3 4 W. M. cap. 14. All Wills concerning Lands or any Rents Profits Term or Charge out of the same whereof the Devisors shall be seiz'd in Fee-simple in Possession Reversion or Remainder or have power to dispose thereof after the 25th day of March 1692. shall be deemed only as against Creditors upon Bonds or other Specialties their Executors c. to be fraudulent and void II. And such Creditors shall have their Actions of Debt against the Heirs at Law and such Devisees joyntly and such Devisees shall be chargeable for a false Plea as any Heir should have been III. Where there shall have been any Devises of Lands for Payment of just Debts or Childrens Portions other then the Heir at Law in pursuance of any Marriage Agreement made in Writing bona fide before such Marriage they shall be in force IV. Where any Heir at Law shall be liable to pay the Debt of his Ancestor in regard of any Lands descending to him and shall make over the same before any Action brought such Heir shall be answerable for such Debts to the Value of the Land made over in which Cases all Creditors shall be preferred as in Actions against Executors and Administrators and Execution upon any Judgment so obtained shall be taken out against such Heir to the Value of the Land as if they were his own Debts saving that Lands bona fide aliened before the Action brought shall not be liable to such Execution V. Where any Action of Debt upon a Specialty is brought against an Heir he may Plead Riens per discent at the time of the Original Writ brought and the Plaintiff may Reply that he had Lands from his Ancestor before the Original Writ brought and if upon Issue joyn'd thereon it be found for the Plaintiff the Jury shall enquire of the Value of the Lands descended and thereupon Judgment shall be given and Execution awarded as aforesaid but if Judgment be given against such Heir by Confession without Confessing the Assets descended or upon demurier or nihil dicit it shall be for the Debt and Damages without any Writ to enquire of the Lands VI. Devisees made liable by this Act shall be Chargeable as the Heir at Law by force of this Act though the Lands Devised be Aliened before the Action brought VII This Act to continue for Three Years and to the End of the then
nominate any person that shall then have any Benefice with cure of Souls but that such Presentation shall be void XIX Provided that if any person so presented c. to any Benefice with cure shall be absent from the same above sixty days in one year that such Benefices shall be void XX. Provided nevertheless That if any such person shall at the General Quarter-Sessions where his Name is recorded repeat and subscribe the said Declaration and take the Oaths contained in an Act of this Parliament Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance c. he shall be discharged from the said Disability and be enabled to make such Presentation c. as if this Act had not been made Pardon I. Stat. 2 W. M. Sess 1. cap. 10. All Subjects of this Realm of England Wales and the Town of Berwick All Bodies Politick and Corporate Cities Burroughs Shires Ridings Hundreds c. shall be pardoned and discharged of and from all Treasons Felonies Misprisions of Treason Treasonable or Seditious Words or Libels Misprisions of Felony seditious and unlawful Meetings Offences of Premunire Ryots Routs Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanors Forfeitures Penalties and Sums of Mony pains of Death pains Corporal and Pecuniary and of and from all Things Causes Quarrels Suits Judgments and Executions not hereafter excepted which by their Majesties in any wise can be pardoned before the 16th day of May 1690. II. All their Majesties Subjects and Bodies Corporate may by themselves their Deputies or Attornies plead this for any thing hereby pardoned or discharged without any Fee or other Thing paying to any person for writing or entry of the Judgments or other Cause concerning such Plea Writing or Entry but only 16 d. to the Officer or Clerk that shall enter the same III. This Pardon to be expounded most beneficial and available to the Subject IV. If any Officer or Clerk of any of their Majesties Courts shall after Easter-Term next make out any Process whereby any of the Subjects or Bodies Corporate aforesaid may be inquieted for any thing hereby pardoned or if any Sheriff Escheator or their under Officers levy or with-hold any thing discharged by this Act they shall pay to the party grieved treble Damages and Costs of Suit and forfeit to their Majesties 10 l. for every such Offence and such Process to be void V. Except Treasons and other Offences against the King and Queens persons or either of them and all Conspiracies and Confederacies against their Majesties most Royal Persons And all Treasons committed in Ireland or any Parts beyond the Seas since the 13th day of Febr. 1688. And all Offences in forging and counterfeiting the Great or Privy Seal Sign Manuel or Privy Signet or of Monies and all Offences of unlawful diminishing Monies and all Misprisions and Concealments of the Treasons above excepted and abetting aiding comforting and procuring the same VI. And except all Murthers Petit Treasons and wilful Poysonings and the Accessaries thereunto VII And except Robberies and Pyracies upon the Seas procuring and abetting such Offenders and receiving them or Goods taken by Pyracy VIII And except all Burglaries and breaking into and stealing out of any Dwelling-houses in the day and Accessaries thereunto IX And except Robberies of Churches and Robberies committed on the High-way X. And except Buggery with Mankind or Beast and Rapes of Women XI And except the wilful taking away or marrying any Maid Widow or Damsel against her will or the assent of her Parents or Guardians and Accessaries thereunto XII And except all Offences of Perjury and Subornation of Witnesses and of forging and counterfeiting Deeds Writings or Records or Examinations of Witnesses tending to bring any Persons in danger of Life and all procuring or counselling the same XIII And except all Offences committed in any Forest since the 13th day of Febr. 1688. XIV And except Forfeitures now due or which may be be due to their Majesties by reason of any Offence c. contrary to any Statute other than using a Trade without serving seven years or contrary to the Common Law and whereof any Action Bill Plaint or Information within six days next before the day of holding this present Parliament viz. the 20th day of March 1689. hath been commenced in any of their Majesties Courts at Westminster and is there depending or whereupon any Verdict Judgment or Decree is already given or entred or whereof their Majesties have made any Assignment before the said 16 day of May. XV. And except all Proceedings concerning High-ways and Bridges and Issues return'd upon any such Process since the 20th day of March 1679. XVI And except all Offences in imbezeling and purloining their Majesties Goods Monies Chattels Jewels Armor Munition Stores Naval Provisions Shipping Ordinance and other Habiliments of War and all Offences in conveying to the French King any Naval Stores or contraband Goods XVII And except all Conditions and Covenants and all Penalties Titles c. accrued to their Majesties by the breach of them XVIII And except all Offences of Incest Simony and Dilapidations for which any Suit is or was depending the first day of this Parliament XIX And except Adultery and other Enormous Crimes by Persons in Holy Orders punishable in Ecclesiastical Courts XX. And except First-fruits and Tenths Pensions Procurations Synodals and other Payments out of any Ecclesiastical Benefice other than Tenths due out of small Livings not worth 30 l. a year improved value and which shall be so certified by the Bishop or Guardian of the Spiritualties before the last of Michaelmas-Term but this Act shall not discharge Bishops from answering any of the said Arrears by them received XXI And except the Monies and Duties following and Concealments thereof viz. of any Custom or Subsidy Excise Hearth-mony Imposition upon Wine or other Liquors Duties arising by Wine-licences or the Post-office or any other Duty due to their Majesties by Act of Parliament and Forfeitures for non-payment thereof and Misdemeanors in Ministers concerning the same XXII And except all taking from their Majesties or the late King Charles II. or King James II. Goods forfeited for Treason Petit Treason Murder or Felony or the Issues and Profits of Lands of Traitors or Felons attainted or of the Possessions of any Bishoprick the Temporalties whereof upon the 20th day of March 1679. were or ought to have been in their Hands and except all Arrears of Rent due from any Farmer of any part of the Revenue and of Fee-farms and other Rents XXIII And except the accounts of Collectors Commissioners or Receivers of any Subsidy Custom Tunnage and Poundage additional Duty Prize Goods or other things grown due since the 25th of March 1673. and of all other Accountants to their Majesties in respect of any receit or other charge grown since the said 25th day of March and all untrue Accounts made since then XXIV And except Recognizances and other Securities given by any Accountant in the
mentioned and the making and subscribing the Declaration in the said Act of the 30th year of King Charles II. mentioned by the Members of each House from and after the first day of March next shall be effectual as if the said Oaths of Allegiance and Supremacy had been taken c. And in all future Parliaments the Oaths herein after mentioned and the said Declaration shall be taken made and subscribed by every Member of either House as the said Oaths of Allegiance and Supremacy and the said Declaration by the said Act of the 30th year of King Charles II. are appointed to be taken to enable them to sit and vote in Parliament IV. The Oaths above appointed by this Act to be taken instead of the Oaths of Allegiance and Supremacy are these 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 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 whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm So help me God V. This present Parliament may be dissolved after the usual manner as if summoned by Writ VI. Stat. 2 W. M. Sess 1. cap. 7. Whereas the late Lord-Wardens of the Cinque-Ports have claim'd a Power of nominating and recommending to each of the said Cinque-Ports the two ancient Towns and their Members one person whom they ought to elect as a Member of Parliament be it declared and enacted That all such Nominations and Recommendations were and are contrary to the Laws and Constitutions of this Realm and for the future shall be so deemed and they are hereby declared to be void Poor I. Stat. 3 4 W. M. cap. 11. The Act made in the 13th and 14th years of the late King Charles II. Entituled An Act for the better Relief of the Poor of this Kingdom except what relates to the Corporations therein mentioned which was revived and continued with Alterations by an Act made in the first year of the late King James II. shall be in force from the first day of March 1691. II. The forty days continuance of a person intended by the said Acts to make a Settlement shall be accounted from the publication of a notice in writing which he or she shall deliver of the House of his or her Abode and number of his or her Family to the Church-warden or Overseer of the Poor which shall be read immediately after Divine Service in the Church or Chappel of the Place on the next Lords Day where there shall be Divine Service in the same the Church-warden or Overseer to Register such notice in the Book kept for the Poors Accounts III. No Souldier or other Person in their Majesties Service by delivery and publication of notice as aforesaid unless they be dismist the Service IV. Church-wardens or Overseers refusing to read or cause to be read such notice as aforesaid upon proof thereof by two Witnesses upon Oath before a Justice of Peace shall forfeit 40 s. to the use of the party grieved to be levied by distress and sale of Goods by Warrant of a Justice of Peace to the Constable and for want of a Distress shall be committed to Gaol for a month and if any Church-warden or Overseer shall neglect or refuse to Register such notice as aforesaid they shall forfeit 40 s. to be levied as aforesaid and for want of a Distress shall be committed as aforesaid V. If any person coming to inhabit in any Town or Parish shall on his own account execute any Publick annual Office or charge in the same during a year or pay his share towards the publick Taxes or Levies of such Town c. he shall be adjudged to have a legal Settlement without notice in Writing delivered c. VI. If any unmarried person not having Child or Children shall be lawfully hired for a Year such Service shall be deemed a good Settlement without notice c. VII Being bound Apprentice and inhabiting in a Town or Parish shall be adjudged a good Settlement VIII Persons agrieved by the determination of any Justices of the Peace may appeal to the next Quarter-Sessions who shall finally determine the same IX If any person be removed by virtue of this Act from one place to another by Warrant of two Justices of Peace the Church-wardens or Overseers of the place to which he shall be removed shall receive him and in case of refusal upon proof by two Witnesses upon oath before a Justice of Peace of the County Riding c. to which he shall be removed shall forfeit 5 l. to the use of the Poor of the Parish from which he shall be removed to be levied by distress and sale of Goods c. by Warrant of a Justice of Peace of the County c. to which he shall be removed to the Constable of the place where such Offender dwells and for want of a Distress shall be committed to Gaol for forty days X. Persons agrieved by the Judgment of the said two Justices may appeal to the next General Quarter-Sessions of the place from which the said person was removed XI There shall be kept in every Parish at the Parish Charge a Book or Books wherein the Names of persons receiving Collections shall be registred with the time when they were first admitted to have relief and the occasion of their necessity and yearly in Easter-Week or oftner the Parishioners shall meet and have such Books produced before them and the persons receiving Collections shall be called and the reasons of their taking relief examined and a new List be made and entred of such as they shall think fit to allow to receive collection and no other shall be allowed to receive Collection but by Authority under the Hand of a Justice of Peace residing in the Parish and if there be none in the Parts next adjoyning or by order of the Justices of Peace in their Quarter-Sessions except in cases of Pestilential Diseases Plague or Small-pox in respect of Familes infected only XII In all Actions to be brought in the Courts at Westminster or at the Assizes for Monies mis-spent by the Church-wardens or Overseers the Evidence of the Parishioners other than such as receive Alms of the Parish where the Defendants are Inhabitants shall be taken and admitted Prisoners I. Stat. 2 W. M. Sess 2. cap. 15. All persons in prison upon the 28th day of November 1690. for Debt or Damages or upon any Action or mean Process for Debt Account or Trespass upon the Case or who may have Judgments entred
the said Corporation their respective Heirs Executors or Administrators in proportion to their respective Shares or Subscriptions wherein Judgment may be recovered as if Security were given in their private Capacities any Condition Covenant or Agreement to the contrary notwithstanding And if any such shall be made to the contrary it is hereby declared void XIX Corporation not to Trade The Corporation to be made shall not Trade or suffer any Person in Trust for them to trade with any of the Stock-Monies or Effects of the Corporation in the buying or selling of any Merchandizes or Goods whatsoever Penalty for Trading And every Person so trading or by whose Order such Trading shall be made shall forfeit treble the value of the Goods and Merchandizes so traded for to such Person as will sue for the same in any of their Majesties Courts of Record at Westminster Bills of Exchange Mortgages c. excepted But the Corporation may deal in Bills of Exchange and in buying or selling Bullion Gold or Silver or in selling Goods mortgaged to them and not redeemed at the time agreed on or within three months after or such Goods as shall be the produce of Lands purchased by the Corporation XX. All Bills obligatory and of credit Bills under Seal of the Corporation shall transfer the Property under the Seal of the said Corporation made to any Person or Persons shall and may by Endorsement thereon under the Hand of such Person or Persons be assigned and so toties quoties and such Assignment shall transfer the Property and Right to the Bill and Monies due upon the same and the Assignee may sue in his own Name XXI Governor not to lend more to their Majesties than by Parliament directed If the Governor or other Members of the Corporation to be established shall upon the Account of the Corporation at any time or times purchase any Lands or Revenues belonging to the Crown or lend to their Majesties their Heirs or Successors any Sum of Mony by way of Loan or Anticipation on any part of the Revenue now granted or hereafter to be granted other than such part only on which a Credit of Loan is or shall be granted by Parliament Then the said Governor or Members so consenting to lend being thereof lawfully convict shall for every such Offence forfeit treble the value of such Sum so lent whereof one fifth part shall be to the Informer to be recovered in any of their Majesties Courts of Record at Westminster and the residue to be disposed of towards Publick Uses as shall be directed by Parliament and not otherwise XXII All Amerciaments Fines and Amerciaments not to be pardoned After Estreatment may detain so much Fines and Issues against the said Corporation upon Account of any Suits or Action to be brought against them shall not be pardoned or discharged by any Letters of Signet Privy Seal or Great Seal or otherwise And if such be estreated into their Majesties Exchequer against the said Corporation then the Officers of the Exchequer who are to pay the yearly Sum of 100000 l. to the said Corporation may out of that detain so much as the said Amerciaments Fines or Issues amount unto XXIII Officers of the Exchequer may satisfie the execution of a Judgment against the Corporation If any Person shall obtain a Judgment in any Court of Law against the said Corporation for any Debt or Sum of Mony and shall bring Execution thereupon unto the said Officers of the Exchequer Then the said Officers may pay and are required to pay the Sum in the Execution mentioned to the Plaintiff or Plaintiffs therein named or their Assigns whose Receipt shall be a Discharge for the same And the said Officers may detain so much of the yearly Sum of 100000 l. as the Debt shall amount unto XXIV Members of the House c. Any Member of the House of Commons may be a Member of this Corporation XXV Any Person Native or Foreigner may contribute towards the advancing of the Sum of 300000 l. by paying into the Receipt of the Exchequer before the 29th of September 1694. any Sum not exceeding the Sum of 300000 l. upon the Terms following Every such Person his Executors Administrators or Assigns out of the Rates and Duties granted by this Act shall have and receive for every Sum of 100 l. so advanced and paid such yearly Annuity and Payment as herein after is directed 14 l. per Ann. upon a single life 12 l. upon 2 and 10 l. upon 3 Lives for each 100 l. advanced If such Contributor shall advance and pay his Mony upon one Life only then he shall have and receive a yearly Annuity or Payment of 14 l. for every 100 l. If upon two Lives then of 12 l. If upon three Lives then of 10 l. and so proportionably for a greater Sum during the Life or Lives or Life of the Survivor the Life or Lives to be nominated by the Person or Persons so paying the same And that the Lives be nominated by the several Contributors The Lives to be nominated within 30 days after the 29th of Sept 1694 their Executors or Administrators or such as shall be employed by them to pay in the said Sums within thirty days after the 29th of the said September 1694. which yearly Annuity shall commence from the said 29th of September and shall be paid quarterly at the four most usual Feasts of the year by equal Portions And every Person on payment of such Sum or Sums as aforesaid The Annities to be paid quarterly Tallies for the payment of the same shall immediately have one or more Tally or Tallies importing the Receipt of the Consideration Mony and Orders for the payment of the said Annuities bearing the same date with the Tally The said Tallies to be levied and the said Orders to be signed in the same manner as in and by an Act of this present Parliament Entituled An Act for the granting to their Majesties certain Rates and Duties of Excise upon Salt and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of 1000000 l. towards carrying on the War against France is mentioned and directed touching Tallies and Orders to be given to Contributors for Annuities upon the said Act And the said Orders not to be determinable Orders not to be countermanded revocable or countermandable as touching the aforementioned Orders in the said recited Act is enacted which said Orders shall be assignable in such and the same manner as is mentioned in the said recited Act touching Orders given to the Contributors in the said Act mentioned And all the Rates and Duties by this Act granted or so much thereof as shall be sufficient are and shall be appropriated for the payment of the said Annuities after the several and respective Rates aforesaid and not to be
Courts of Equity shall be written or ingrossed 6 d. XV. Licenses Ecclesiastical For every Skin c. on which any Institution or Licence under Seal of any Archbishop Bishop Chancellor or other Ordinary or any Ecclesiastical Court shall be written or engrossed 5 s. XVI Writs of Error c. For every Skin c. on which any Writs of Error Certioraries Habeas Corpus's or Appeals except to the Delegates shall be written or ingrossed 5 s. XVII Significavit pro Corp. c. For every Skin c. on which any Significavit pro Corporis deliberatione shall be written or ingrossed 5 s. XVIII Sentences c. in the Admiralty c. For every Skin c. on which any Sentence in the Court of the Lord High Admiral or Cinque-Ports exercising Admiralty Jurisdiction Attachments out of the said Court of Admiralty or any Relaxation of any such Attachment shall be ingrossed or written 5 s. XIX Licenses of Marriage c. For every Skin c. on which any Licence or Certificates of Marriage or Letters of Mart shall be ingrossed or written 5 s. XX. Probate of Wills c. For every Skin c. on which any Probate of Wills or Letters of Administration for any Estate above 20 l. value shall be written or ingrossed 5 s. XXI Recognizances Statutes For every Skin c. on which any Recognizance Statute-Staple or Merchant shall be ingrossed or written or entred of Record in any Court or Office 5 s. XXII Nisi prius Posteas For every Skin c. on which any Record of Nisi Prius or Postea shall be ingrossed or written 2 s. 6 d. XXIII Judgments For every Skin c. on which are ingrossed or written any Judgment which shall be signed by any Member of the Office or Prothonotaries their Deputies Secondaries or Clerks or others belonging to any the Courts of Westminster who have Power or usually do or shall sign Judgments 2 s. 6 d. XXIV Commissions Ecclesiastical For every Skin c. on which any Commission out of any Ecclesiastical Court not herein otherwise particularly charged shall be written or ingrossed 2 s. 6 d. XXV Warrants Decrees in Admiralty or Cinque-Ports For every Skin c. on which are ingrossed or written any Warrant Monition or personal Decree in any Courrt of Admiralty or Cinque-Ports any beneficial Warrant or Order under their Majesties Sign Manual except Warrant or Orders for the Navy Arms and Ordnance 2 s. 6 d. XXVI Special Bail For every Piece c. on which are ingrossed or written any Special Bail in any of the Courts at Westminster or before a Judge which shall be filed in the Court and also Appearances thereof 1 s. XXVII Bills Answers c. For every Skin c. on which shall be ingrossed or written any Bill Answer Replication Rejoinder Interrogatories Depositions taken by Commission or any other Pleadings whatsoever in the Chancery Exchequer Dutchy and County Palatine Courts or other Courts of Equity 1 s. XXVIII Admission into Corporations c. For every Skin c. on which any Admission into a Corporation or Company Matriculation in either University Admission into any of the Inns of Court or Chancery shall be written or ingrossed 1 s. XXIX Affidavits For every Piece c. on which any Affidavit shall be ingrossed or written except for burying in Woollen and such Affidavits as shall be taken before the Officers of the Customs or any Justice of Peace or any Commissioner appointed or to be appointed by any Act of Parliament for the assessing and levying any Duties or Aids granted or to be granted to their Majesties which Affidavits shall be taken by the said Persons by virtue of their Authorities respectively 6 d. XXX Copies of Affidavits For every Piece c. on which are ingrossed or written Copies of Affidavits herein charged that shall be read or filed in any Court 6 d. XXXI Indentures Leases c. For every Skin c. on which are ingrossed or written any Indenture Lease or Deed Poll not hereby otherwise charged 6 d. XXXII Original Writs For every Piece c. on which any Original Writ except such on which a Capias issues Subpoena Bill of Middlesex Latitat Writ of Capias Quo minus Dedimus Potestatem to take Answers examine Witnesses or appoint Guardians or any other Writ Process or Mandate that shall issue out or pass under the Seals in any Court at Westminster Quarter Sessions in Wales Counties Palatine or any other Court whatsoever holding Plea where the Debt or Damage amounts to 40 s. or above or the demand is of the value shall be ingrossed or written 6 d. XXXIII Entry of Actions in Inferior Courts For every Piece c. on which any entry of any Action in the Mayors or Sheriffs Courts London and in all other Courts or Corporations out of which no Writs Process or Mandate issue holding Plea for Debts or Damages amounting to 40 s. or above shall be ingrossed or written 6 d. XXXIV Common Bail Appearance For every Piece c. on which are ingrossed or written any Common Bail to be filed in any Court and any Appearance that shall be made upon such Bail 6 d. which Appearance or Common Bail the Defendant shall cause to be entred or filed within eight days after the Return of the Process on which the Defendant was to be arrested on Penalty of 5 l. to be paid to the Plaintiff for which the Court shall immedately award Judgment and the Plaintiff may take out Execution XXXV Rule of Court For every Piece c. on which any Rule or Order made in any of the Courts at Westminster either Courts of Law or Equity shall be ingrossed or written 6 d. XXXVI Copies of Rules of Court and of Records For every Piece c. on which any Copy of such Rules and Orders entred or the Copies of any other Records or Proceedings in any of the Courts at Westminster not hereby otherwise charged shall be ingrossed or written 6 d. XXXVII Citations Monitions c. For every Skin c. on which any Citation or Monition made in any Ecclesiastical Court any Libel or Allegation Deposition or Signal Decree or any Inventory exhibited in any Ecclesiastical Court Courts of Admiralty or Cinque-Ports or Copies of them respectively shall be ingrossed or written 6 d. XXXVIII Charter-parties Policies c. For every Skin c. on which any Charter-party Policy of Assurance Pass-port Bond Release Contract or other Obligatory Instrument any Protest Procuration Letter of Attorny or any other Notarial Act whatsoever shall be ingrossed or written 6 d. XXXIX Declarations Pleas c. For every Skin c. on which any Declaration Plea Replication Rejoinder Demurrer or other Pleadings whatsoever in any Court of Law shall be ingrossed or written 1 d. XL. Copies thereof For every Skin c.