Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	plaintiff_n	verdict_n	2,804	5	11.1682	5	true

Text snippets containing the quad

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

with the Principal Officers or Commissioners of the Navy Ordnance or Victualling Office for his Majesties use shall make any Stores of War or Naval Stores with the Marks usually used to his Majesties said Stores viz. Cordage of three Inches and upwards with a white Thread laid the contrary way smaller Cordage from three Inches downwards with a Twine in lieu of a White Thread laid the contrary way Canvis wrought or unwrought with a blue streak in the middle or any other Stores with the Broad Arrow by Stamp Brand or otherwise upon pain that every such person not being a Contractor as aforesaid or Imployed by such Contractor shall for every such Offence forfeit such Goods and 200 l. with Costs of Suit one moiety to the King the other to the Informer to be Recovered in any the Courts of Record at Westminster II. Persons in whose Custody such Stores so Marked shall be found not Imployed as aforesaid or who shall conceal such stores so marked and be convicted thereof shall forfeit such Goods and 200 l. with Costs of Suit one moiety to his Majesty and the other to the Informer and suffer Imprisonment till payment thereof unless such person upon his Tryal produce a Certificate under the hand of three or more of the Commissioners of the Navy Ordnance or Victuallers particularizing the Goods in question and the reason of such Goods coming into such persons hands III. Whereas divers persons have personated Seamen who have served on Board his Majesties Ships and thereby fraudulently received Moneys at the Pay Office or elsewhere and have Forged Letters of Attorney or Bills of Sale Assignment or Last Wills and have personated the Wives Relations or Creditors of such Seamen and taken Letters of Administration to them or Forged Letters of Attorney Bills of Sale or other Authorities in the Names of their Executors or Administrators for receipt of the Wages due to such Seamen It is Enacted That the Persons their Aiders or Abettors that shall be convicted of the said Crimes and Offences committed after 24 Jun. 1698. shall besides all other penalties forfeit 200 l. with costs of Suit one moiety to the King the other to the Informer to be recovered as aforesaid and suffer Imprisonment till payment thereof IV. The said principal Officers or Commissioners may sell and dispose of any the said Stores so marked as they might have done before the making of this Act and the Buyers may quietly keep and enjoy the same upon producing a Certificate under the Hand and Seal of three or more of the said Principal Officers or Commissioners that they bought such Goods from them or from some person who bought them from the said Officers or Commissioners before such Stores were found in their Custody Which Certificate shall express the quantities of such Stores and when and where bought of the said Commissioners Which Commissioners are to give such Certificates within 30 days after the sale and delivery of such Stores so sold V. Persons sued for discovering or seizing any such Stores so marked may plead the general Issue and give this Act and the special matter in Evidence And if the Defendants prove the Stores were so Marked and the Plaintiffs do not prove they were so Imployed or had such Certificate before such discovery and seizure and shewed it to the Defendants before such Suit commenced the Defendants shall be acquitted unless upon sight of such Certificate they did not deliver back to the Plaintiffs such Stores so seized in good Condition And upon such acquitting or that the Plaintiffs discontinue or be Nonsuit the Defendants shall recover Treble Costs VI. After the said 24 Jun. No Seamans Will contain'd in the same Instrument with a Warrant or Letter of Attorney shall be good in Law VII No Ecclesiastical Court or any person shall take more than 1 s. for the Seal Writing or Suing forth any Administration granted to the Wife or Children of any Seaman dying in pay of his Majesties Navy unless such Seamans Goods and Chattels amount to 20 l. The persons offending to forfeit to the Party grieved 10 l. VIII The principal Officers and Commissioners of the Navy or any chief Commander of any his Majesties Ships at Sea may Lend any of his Majesties Stores to any Merchant Ship or Vessel in Distress or otherwise in case such Goods be restored with all possible Conveniency and provided the persons Borrowing the same have such Certificate as aforesaid which the Lenders are hereby required to give Suits I. Stat. 8 9 W. 3. cap. 11. After 25 of March 1697. where several persons shall be made Defendants to any Action of Trespass Assault false Imprisonment or Ejectione Firmae and any one or more shall upon Tryal be Acquitted by Verdict every person so Acquitted shall Recover his Costs of Suit unless the Judge shall immediately after the Tryal in open Court certifie upon the Record that there was a reasonable Cause for making such person or persons a Defendant or Defendants to such Action II. After the said 25 of March if any person shall Commence in any Court of Record any Action or Suit wherein upon Demurrer Judgment shall be given against the Plaintiff or Defendant or if at any time after Judgment given for the Defendant the Plaintiff shall Sue a Writ of Error and the said Judgment shall be affirmed or the said Writ discontinued or the Plaintiff Nonsuit therein the Defendant shall have Judgment to Recover his Costs against such Plaintiff and Execution by Capias ad satisfaciendum Fieri facias or Elegit III. After the said 25 of March in all Actions of Waste and Debt upon the Statute for not setting forth of Tithes where the Damage found by the Jury shall not exceed Twenty Nobles and in all Suits upon Writs of Scire facias and upon Prohibitions the Plaintiff obtaining Judgment or Award of Execution after Plea Pleaded or Demurrer joyn'd therein shall likewise Recover his Costs of Suit and if the Plaintiff become Nonsuit or Discontinue or a Verdict pass against him the Defendant shall have Costs and Execution for the same IV. In all Actions of Trespass Commenced after the said 25 of March in any Court of Record at Westminster where it shall appear at the Tryal and be certified by the Judge on the back of the Record that the Trespass was wilful and malicious the Plaintiff shall Recover not only his Damages but his full Costs of Suit V. Provided nothing herein contain'd shall alter the Laws in being as to Executors and Administrators in such Cases where they are not at present liable to pay Costs of Suit VI. In all Actions commenced in any Court of Record after the said 25 of March if the Plaintiff dye after an Interlocutory Judgment and before a final Judgment the said Action shall not abate if the said Action might be originally prosecuted by his Executors or Administrators and if the Defendant die after such Interlocutory Judgment and before Final Judgment

the Action shall not abate if such Action might be originally Prosecuted against his Executors or Administrators and the Executors or Administrators of such Plaintiff after such Interlocutory Judgment may have a Scire facias against the Defendant if Living or if Dead against his Executors or Administrators to shew cause why Damages should not be Assest and Recovered against him or them and if he or they do not appear at the Return and shew sufficient Cause to Arrest the Final Judgment or being Returned Warned or upon Two Writs of Scire facias it being Return'd that the Defendant had nothing whereby to be Summon'd or could not be found a Writ of Enquiry of Damages shall be Awarded which being Executed and Return'd Judgment final shall be given for the said Plaintiff his Executors or Administrators VII If there be Two or more Plaintiffs or Defendants and one dye if the cause of Action survive to the surviving Plaintiff or against the surviving Defendant the Writ or Action shall not abate but such Death being suggested upon the Record the Action shall proceed VIII In all Actions after the said 25 day of March Prosecuted in any of the Kings Courts of Record upon any Bond or Penal Sum for Non-performance of Covenants the Plaintiff may Assign as many Breaches as he shall think fit and the Jury at the Tryal shall and may Assess Damages for such of the said Breaches so Assigned as the Plaintiff at the Tryal shall prove Broken and the like Judgment shall be Entred on such Verdict as hath been usually done in such Actions And if Judgment be given for the Plaintiff upon Demurrer Confession or Nihil dicit the Plaintiff upon the Roll may suggest as many Breaches as he shall think fit upon which shall Issue a Writ to Summon a Jury to Appear at the Assizes of that respective County to inquire of the truth of every one of those Breaches and to Assess Damages accordingly and the Justices of Assize shall make a Return thereof to the Court from whence the same Issued In case the Defendant after such Judgment Entred and before Execution Executed shall pay into Court such Damages so Assessed and Costs of Suit a stay of Execution shall be Entred upon Record Or if by reason of Execution Executed the Plaintiff or his Executors or Administrators shall be fully paid all such Damages together with his Costs and reasonable Charges the Body Lands and Goods of the Defendant shall be forthwith discharg'd and the Satisfaction enter'd upon Record Yet shall such Iudgment stand and be as a further Security to Answer to the Plaintiff his Executors c. such Damages as shall or may be sustain'd for further Breach of any Covenant in the same Deed or Writing contain'd upon which the Plaintiff c. may have a Scire facias upon the said Judgment against the Defendant his Heir Terre-Tenants Executors or Administrators suggesting other Breaches and to Summon them to shew Cause why Execution shall not be Awarded upon the said Judgment upon which there shall be the like Proceedings as aforesaid and upon payment of Damages and Costs Proceedings to be again stay'd and so toties quoties and the Defendant discharg'd out of Execution Taxes I. STat. 8 W. 3. cap. 6. All persons of what estate degree age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed not receiving Alms shall pay unto his Majesty his Heirs and Successors within the space of One Year from 25 Jan. 1696. the sum of 4 s. 4 d. by Monthly payments of 4 d. per Month reckoning 28 days to each Month the first payment to be 22 Feb. 1696. II. Over and above which Duty of 4 d. per Month all Servants and Journeymen except Day-Labourers having 4 l. per ann Wages or upwards and not exceeding 8 l. per ann shall pay for the same 13 d. per l. for One Year by like Monthly payments of 1 d. per l. And for more than 8 l. per annum Wages and not exceeding 16 l. per ann the sum of 2 s. 2 d. per l. by like Monthly payment of 2 d. per l. And for more than 16 l. per ann Wages the sum of 4 s. 4 d. per l. by like Monthly payments of 4 d. per l. III. All persons having or claiming any Pension Annuity Stipend or other yearly payment out of the Exchequer or any Branch of his Majesties Revenue except Rents issuing out of Lands Tenements or Hereditaments or charged upon the same and such Annuities as are or shall be exempted by Act of Parliament shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. IV. All persons that have or are to have receive or enjoy any Salary Fee or Wages or any Perquisites Allowances Poundage Gratuities Rewards Emoluments Income or Profits whatsoever arising by any Commissions Offices or Imployments Ecclesiastical Civil or Military under his Majesty his Heirs or Successors or under the Queen Dowager the Prince or Princess of Denmark or under Lords of Manors or any other persons and all their Clerks Deputies Assistants and Substitutes except Military Officers in Muster in the Army Navy or Ordnance shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. V. All Sergeants at Law Barristers Attorneys Sollicitors Publick Notaries Scriveners Chancellors Commissaries Officials Registers Advocates Proctors Apparitors or practising as such Brokers to Merchants Factors and other persons acting by Commission from Merchants All Practicers in Physick and Chirurgery Apothecaries and all other Professions not charged by the last foregoing Clause shall pay 4 s. 4 d. for One Year for every 20 s arising by their Practices or Professions by like Monthly payments of 4 d. per l. VI. All persons having any Estate in Ready Money or in Debts at Interest within or without the Realm or owing upon Mortgages Judgments Statutes Recognizances Bonds Bills Notes or other Securities for Money at Interest except Loans and Debts from his Majesty and Arrears of Rent shall pay 25 s. for One Year for every such 100 l. by Twelve Monthly payments of 2 s. 1 d. for every 100 l. and so proportionably for a greater or lesser Sum a Farthing per l. each Month the first payment to be 25 Febr. 1696. And thenceforth the 25th day of each Kalendary Month deducting only such Debts as are really and bona fide owing from such person or persons at Interest VII All persons using or exercising any Trade Mystery Occupation or business of Merchandising Shopkeeping or other Buying or Selling by wholesale or Retail shall pay 50 s. for One Year for every 100 l. value in Goods Wares Merchandizes Commodities Manufactures or Vendible Stock and proportionably for a greater or lesser Value by Twelve like Kalendary Monthly payments of a Halfpeny for every Pound value or 4 s. 2 d. for every

Five Every Score of Oxen or Neat Cattle Eight Pence and so proportionably for every greater or lesser Number To be paid from the passing of the Act by all persons who shall Travel with Horse Coach Cart or Wagon or shall lead or drive any Oxen or other Cattle beforementioned in and through the High-way aforesaid to the said Collectors or Receivers at some convenient place on the said High-way between the Top of Birdlipp and City of Gloucester where a Turn-pike or Gate may be set up as the Justices shall appoint XXIX Every Receiver or Collector shall if Required give in a weekly Account upon Oath to one or more of the Justices to be returned to the Justices at the Quarter Sessions to Examine and make such Order therein as to them shall seem meet XXX Any person refusing or neglecting to pay the said Toll on Demand the Collector or Receiver may Distrain and Detain such Horse Cart Coach Calash Chariot Wagon Oxen Hogs and other Cattle till the Toll be paid with Damages in making the Distress Which Money so received shall be paid to the Surveyors towards mending the said Ruinous Places in the said High-ways and not elsewhere XXXI The said Surveyors at the Quarter Sessions next after the end of their Year shall give an Account to the Justices of their Receipts and Disbursments that the Overplus of the Money if any may be paid to the succeeding Surveyors towards amending the said High-ways or Repaying the Money Lent before hand And such Allowances shall be made by the Justices to the Surveyors and others assisting in the said amending or advancing Moneys thereto as to them shall seem meet XXXII If the Collector or Receiver shall not duly pay the Surveyors or if the Surveyors shall not make the payments Ordered by the Justices then the Justices at the Quarter Sessions shall enquire thereinto upon Oath and Commit the persons Convicted thereof to Goal till they have made a true Account and Payment XXXIII The said Surveyors for the time being by Order of the Justices or any Five of them may Ingage the Profits arising by the said Toll and by a Levy upon the respective Parishes pursuant to the Act made 3 4 W. M. for the better Repairing and Amending the High-ways and for Settling the Rates of Carriage of Goods or by any other Act for the Moneys by them borrowed for that purpose and may under their Hands and Seals Transfer the said Profits for any Term not exceeding Fifteen Years to such as will upon that Security Advance the Money so Lent with Interest And the Justices shall Distribute the said Money to any persons giving Security to Repair and Amend the said High way in the proportions aforesaid XXXIV Any person without Lawful excuse neglecting or refusing to take upon him the Office of Surveyor being thereunto chosen or to do his Duty therein may be Fined by the Justices not exceeding 5 l. And in such case or in case of Death some other person shall be appointed Surveyor by the Justices or two of them Which Fines and Forfeitures shall be paid to the Surveyors towards Repairing the said High-ways XXXV If a Suit be Commenced for any thing done in pursuance of this Act the Action shall be laid in the County of Gloucester only and the Defendant may Plead the General Issue and give this Act and the Special Matter in Evidence and if the Action be laid elsewhere or the Plaintiff be Non Suit or Discontinue his Action or have Judgment against him upon Demurrer the Defendant shall have Double Costs and Charges XXXVI No person passing where the Toll is taken and returning the same day shall pay a second time and persons passing through the said place from any adjoyning Parish may carry Stones Lime Gravel Dung Mould or Compost and Carts with Hay not sold or going to Market or Corn in the Straw at Hay time or Harvest Ploughs Harrows and other Implements of Husbandry and Stock of Cattle belonging to the Lands of the respective Parishes shall pass the said place without paying as also all Soldiers on their March and the Carts Wagons and Coaches attending them and all persons riding Post XXXVII All persons Chargeable by Law towards Repairing the said High-ways shall still remain so XXXVIII This Act shall not be in Force longer than Twenty Years from 24 Jun. 1698. And if before the Expiration of the said Term the said High-ways shall be sufficiently amended and so adjudged by the Justices at their Quarter Sessions then upon repayment of the Moneys borrowed the said Toll shall cease XXXIX No Turnpike shall be Erected nor Toll Demanded till Security given to the Justices at the Quarter Sessions that the said High-way shall within Five Years be sufficiently Repaired XL. The persons so giving Security shall have full power to Levy for Twenty Years after 24 Jun. 1698. Six Pence in the Pound with the Arrears thereof on all the Parishes adjoyning to the said High-way towards the Repairing thereof and shall cause to be done by the Parishioners within the said Parishes all that is required by the forementioned Act of 3 4 W. M. for the better Repairing the High-ways or by any other Act And if the Toll Granted by this Act with the Sum Charged on the said Parishes be not sufficient to Repair the said High-way within the time limited the persons so giving Security shall Levy and Collect Two Pence in the Pound on the Hundred and Hundreds in which the said High-way or any part thereof doth lye to be Levied by Distress and Sale of Goods if not paid within Ten days after Demand And if the persons so giving Security shall not do what is required of them by this Act they shall forfeit 100 l. per Ann. to such person as shall sue for the same XLI The persons so having given Security in case the said High-way shall not be sufficiently Repaired or Certified so to be by the Justices of the Peace for Herefordshire or Ten of them by the time limited in their Security shall over and above the Sums they shall be bound for Forfeit 500 l. One moiety to the Repairing the said High-way the other to such person as shall Sue for the same XLII The Toll shall not be Demanded by virtue of this Act unless the Security given to the Justices of Peace of Gloucestershire at the Quarter Sessions shall be approved of by Five Justices of Peace for Herefordshire under their Hands and Seals Imprisonment I. STat. 9 W. 3 cap. 4. Enacted That Counter John Bernardi Robert Cassells Robert Meldrum James Chambers and Robert Blackburne being in Newgate for a Traiterous Conspiracy to Assassinate his Majesty together with such other persons as shall hereafter render themselves or be apprehended and against whom Oath shall be made of their being concerned in the said Conspiracy shall be Detained and Kept in Custody without Bail or Mainprize till 1 Jan. 1698. and to the end of the next

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

said Commissioners shall keep a distinct account of the Duties granted by this Act and pay the Money arising thereby into the Exchequer on Wednesday in every Week unless a Holiday and then the day after and upon neglect or refusal shall incur the penalties c. as other the Officers of the Exchequer herein mentioned shall be liable unto which Money so pay'd in shall be applied to pay Interest for the said Transport Debt after 5 per Cent. per Ann. CCCXC Persons Forging or Counterfeiting such Licences or Travelling with Forged or Counterfeited Licences shall forfeit 50 l. one Moiety to the King the other to the Prosecutor to be recovered in any the Courts of Record at Westminster and be subject to the penalties for Forgery CCCXCI Persons sued for putting this Act in Execution may plead the general Issue and give the special matter in Evidence And if the Plaintiffs be Nonsuited or suffer Judgment on Demurrer or a Verdict pass for the Defendants the Defendant shall have treble Costs CCCXCII If any Constable or other Officer refuse or neglect to be assisting in the Execution of this Act being thereunto required such Officer being thereof convicted upon Oath before a Justice of Peace shall forfeit for every such offence 40 s. to be levied by Distress and Sale of Goods one Moiety to the Poor of the Parish the other to the Prosecutor rendring the overplus CCCXCIII Any persons may seise and detain such Hawkers c. till they produce a Licence or if Trading without a Licence till such time as notice be given to the Constable or some other Parish officer who are to carry such persons before a Justice of Peace who upon confession of the party or due proof upon Oath that the person had so Traded and no Licence produced shall by Warrant under his Hand and Seal levy the said Sum of 12 l. by Distress and Sale of the Offenders Goods or Wares rendring the overplus after deduction of the charge for distraining and out of the said Sale to pay the said penalties and forfeitures CCCXCIV This Act shall not prohibit persons from selling Acts of Parliament Forms of Prayer Proclamations Gazetts licensed Almanacks or other printed Papers licensed by Authority or any Fish Fruits or Victuals nor hinder the makers of any Goods or Wares within this Kingdom or their Children Apprentices Agents or Servants from selling the Goods and Wares of their own making in any Mart Fairs Markets or elsewhere nor any Tinkers Coopers Glasiers Plummers Harness-menders or other persons trading in mending Kettles Tubs Houshold Goods or Harness from going about and carrying with them proper materials for mending the same CCCXCV There shall be kept in the Office of the Auditor of the Exchequer a Register of all Moneys paid in by virtue of this Act distinct from all other Moneys CCCXCVI If any Officer in the Exchequer shall divert any of the Moneys paid in by virtue of this Act he shall forfeit his Office be incapable of any place of Trust and shall pay treble the value of the sums so diverted to the persons grieved who will sue for the same in any the Courts of Record at Westminster And all orders for disposing the Moneys to be raised by this Act contrary to the meaning thereof shall be void CCCXCVII This Act shall not hinder any persons from selling any sorts of Goods or Merchandizes in any publick Mart Market or Fair within this Kingdom CCCXCVIII If the several Duties and Impositions granted to his Majesty by several Acts of Parliament towards payment of Interest of the said Transport Debt together with the Duties to be raised by this Act shall amount to more than sufficient for payment of interest at 5 per Cent. for the said Transport Debt according to the several Debentures made and to be made out then such surplus shall remain in the Exchequer and not be disposed of but by Act of Parliament CCCXCIX The Commissioners of his Majesty's Treasury or the Lord High Treasurer out of the Moneys raised by this or the said recited Acts may pay to the said Commissioners to be appointed pursuant to this Act their Clerks and others such sums as they may reasonably deserve for their service or may have expended in or about this or the said recited Acts. CCCC This Act shall not give power for the Licensing any Hawker Pedlar or Petty-chapman to sell or expose to sale any Wares or Merchandizes in any City Borough Town Corporate or Market Town within this Realm otherwise than might have been done before the making of this Act. CCCCI Stat. 9 10 W. 3. cap. 34. After 15 May 1698. The Money coming into the Exchequer for the Duties of Excise granted by an Act of 5 and 6 W.M. Intituled An Act for Granting to their Majesties certain Rates and Duties 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 Ten hundred thousand pounds towards carrying on the War against France shall in the first place be applied to pay such of the Annuities lately payable out of the Tunnage Duties and the tickets for the same which became due at Lady day 1696 or within 20 days after and are yet unsatisfied And in the second place to pay such of the said Annuities as became due at Michaelmas 1697 or within 20 days after and are yet unsatisfied And in the third place to pay such of the said Annuities as became due 25 Mar. 1698 or within 20 days after and not otherwise And the said Arrears being first discharged or Money reserved for payment thereof the growing produce shall be applied to pay the said half yearly and yearly Annuities in course And no Officer shall pay any half yearly or yearly payments of the said Annuities till the preceding half year or year be fully paid or the Money reserved for which publick notice in Writing shall be hung up in the said Office under penalty of forfeiting his Office and for every such offence 100 l. to the persons who shall sue for the same in any the Courts of Record at Westminster where the Plaintiff upon Recovery shall have treble Costs CCCCII. The Tickets commonly called Benefit Tickets which became due at Lady day 1698 or within 20 days after shall be paid as they are numbred beginning at number one and ending with number 2500. And the Tickets for 20 s. a piece commonly called blank Tickets being due at Michaelmas 1698 or within 20 days after shall also be paid as they are numbred beginning with number One and ending with the number 97500. And in the year next following the Benefit Tickets shall be paid in an Arithmetical Progression descending beginning with number 2500 and ending with number One and the Blank Tickets from number 97500 inclusive to number one inclusive and so onwards in every subsequent year alternately CCCCIII It shall be no undue preference to