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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
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
years and from thence to the end of the Session of Parliament then next ensuing II. Stat. 1 W. M. Sess 1. cap. 33. Every Hide Skin or Piece of tanned Leather shaved or liquored and well curried according to the Statute of 1 Jac. 1. shall be adjudged to be the made Ware and Manufacture of the Currier and subject to the view search and seizure of the Master of the several Mysteries of the Cordwainers Curriers Girdlers and Sadlers of the City of London or the major part of them as by the said Statute is provided and shall be liable to be seiz'd and subject to the same Penalties as other Wares insufficiently made of tanned Leather are liable and subject by the said Statute III. Nothing in this Act shall give any Power to the Master and Wardens of the Company of Curriers to search or seize any Leather Hide or Skin but such as shall be curried in London or within three Miles thereof by some Members of their own Company nor in any other Place but the open Market-place or in the Shops Houses or Ware-houses of such Curriers IV. All Persons whatsoever dealing or working in Leather may buy all sorts of Red tann'd Leather in any open Fair or Market curried or uncurried the same being first search't and seal'd according to Law and may sell the same again in their Shops or convert it into other made Ware V. Any Persons may buy or sell Leather Hides or Skins by weight London I. Stat. 2 W. M. Sess 1. cap. 8. Whereas a Judgment was given in the Kings Bench in Trinity-Term in the 35th Year of King Charles II. in a Quo Warranto against the Mayor and Commonalty and Citizens of London that the Franchise of the said City should be seiz'd into the Kings Hands as forfeited which Proceedings were illegal and arbitrary Be it enacted That the said Judgment and every other Judgment given or recorded in the said Court for seizing the Franchise of the said City into the Kings Hands be revers'd and made void and Vacats entred upon the Rolls II. The Mayor Commonalty and Citizens of London to remain a Body Politick by the Name of Mayor and Commonalty and Citizens of the City of London c. without any Seizure or Forejudger of the said Franchise c. upon pretence of any Forfeiture or Misdemeanor done or to be done and to have and enjoy all their Rights Charters c. which they lawfully had at the time of the recording or giving the said Judgment III. All Charters Letters Patents c. for incorporating the Citizens and Commonalty of the said City or any of them and all Charters c. concerning any of their Liberties c. Lands and Tenements c. Rights Title or Estates made since the said Judgment by the late King Charles II. or King James II. are hereby declared void IV. Yet no Recoveries Verdicts Judgments Statutes Recognizances Inquisitions Indictments Presentments Informations Decrees Sentences Executions nor any Plaints Process or Proceedings in Law or Equity had in any Court within the said City or Liberties thereof since the said Judgment shall be avoided for want of any legal Power in such as acted as Judges or Officers belonging to the same V. This Act shall not extend to discharge any Persons from any Penalties for not duly qualifying themselves to act upon such Charters Grants or Commissions VI. All Officers and Ministers of the City that rightfully held any Office or Place therein or in Southwark when such Judgment was given are hereby confirmed as fully as they held them then except such as have voluntarily surrendred or been removed for just cause and Persons admitted since the said Judgment into any Office or Employment within the said City upon the death surrender or removal as aforesaid of the former Officers are hereby confirmed as if they had been admitted therein according to ancient Custom VII Leases and Grants of Lands and other things before the said Judgment belonging to the City made since the said Judgment by the said late King Charles II. or King James II. or any taking upon them to be Trustees for the City upon pretence of any Commission from either of the said late Kings being made for a just and valuable consideration and whereupon the accustom'd yearly Rent or more hath been reserved shall be good upon the Terms therein contained and the Commonalty and Citizens shall have all benefit and advantage thereof VIII All Judgments Decrees and Sentences obtain'd by any Persons taking upon them to be Trustees as aforesaid concerning any Interests belonging to the City shall stand in force and be prosecuted and executed by and to the use of the City and all Persons natural-born Subjects or Denizens that have been admitted into the Freedom of the City since the said Judgment shall be free thereof as if admitted before IX The present Mayor Sheriffs Chamberlain and Common Council shall continue till new Elections and the Persons to be elected sworn the Election of a Mayor Sheriffs and Chamberlain to be on the 26th day of May 1690 and of the Common Council on the 10th day of June 1690. Persons so elected to continue till the usual time of electing such Officers according to usage and from thence to continue for the year ensuing X. If the Mayor Sheriffs Chamberlain and Common Council shall not be elected as aforesaid the Mayor Sheriffs Chamberlain and Common Council which were in being at the time of the said Judgment shall be and continue in those respective Offices till new Elections be made according to ancient usage XI All Persons so to be restored and continued shall take the Oaths appointed by an Act made in the first year of their Majesties Reign Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths the next Term after such restitution under the Penalties and Disabilities in the said Act provided XII The Mayor Sheriffs and Chamberlain so to be elected shall be sworn in usual manner on or before the 20th day of June next XIII The several Companies and Corporations of the City shall stand and be incorporated by such Names and in such manner as they were at the time of such Judgment given and are hereby restored to the Lands c. Rights and Liberties which they lawfully had then And all Surrenders and Charters for new incorporating any of them and concerning any of their Liberties granted by either of the said late Kings since the said Judgment shall be void but no Person shall be prosecuted for any thing by him lawfully done in pursuance of such Charters c. XIV Provided that all Leases Terms and Estates granted by any of the said Companies since the said Judgment for just and valuable considerations and whereupon the accustomed yearly Rents or more are reserved shall be of force as if they had been granted by the said several Companies as hereby restored and the said Companies shall have all
Tallies of Loan and Orders for repayment shall be levied which Orders shall be assignable XVIII Every Sum and Sums so to be borrowed with Interest not exceeding 8 l. per Cent. to be paid every three months shall be payable to the Lenders out of any the next Aids or Supplies to be granted to their Majesties in Parliament and shall be transferred thereunto as soon as such Aid shall be granted and in case no such Aid or Supply shall be granted before the second day of February 1693. then such Sum or Sums shall be paid to the Lenders out of any of their Majesties Treasure not already appropriated by Act of Parliament XIX Whoever shall refuse to take in payment crack't Mony being the currant Coin of this Kingdom shall for every such Offence forfeit 5 l. and be liable to such other Punishments as by any Law may now be inflicted for such Offences XX. Every Receiver-General appointed by the said Poll-Act shall prepare a Duplicate in Parchment of the whole Sum charged in any of the Parishes and Places whereof he is Receiver General to be subscribed by two or more of the Commissioners and return it into the Exchequer before the last day of Easter-Term next with a Schedule containing the Names Sirnames and Places of Abode of every Person within their Collection that hath not paid and every Receiver General not making such returns except the same have been returned pursuant to the said Poll-Act shall forfeit 50 l. and be uncapable of any Office or Place of Trust in their Majesties Service XXI No Fees shall be taken by any Officer of the Exchequer or in any Office wherein any Receiver General is concerned in taking out his Commission passing his Accounts taking out his Quietus for receiving or paying any Mony granted by this or any other Act of this Parliament for Aids to their Majesties but such ancient Fees as shall be allowed by the Barons of the Quoif and the said Barons shall deliver a Table of the Fees by them allowed to the Lords and Commons in Parliament at the next Session Trade and Commerce I. Stat. 1 W. M. Sess 1. cap. 34. From the 24th day of August 1689. No Goods or Commodities of the Product or Manufacture of the Dominions of the French King or made of or mixed with any such Goods or Commodities shall during three years or before the end of the first Session of Parliament after such three years expired be imported into England Ireland Wales Berwick or the Isles of Jersey Guernsey Alderney Sark or the Isle of Man and all Importations vending or uttering of any French or other Commodities contrary to this Act are hereby declared to be a common Nusance and the Commodities so imported may be seized by any Person and carried into their Majesties Ware-house of the Port or Place where they are seized or to the Ware-house of the next Port Member or Creek to the place of Seizure and Persons claiming the same shall tender good Security to answer the Penalties of this Act and to make their claim within twenty days after seizure to the Collector or Customer or his Deputy where there is no other Collector established or to the Commissioners of the Custom in time of vacation or within ten days in Term-time by delivery of a Bill to such Officer subscribed with his Name Addition and Place of Abode with the particulars of the Goods claimed and the date of the Claim and the Names of his Sureties they being worth 500 l. a-piece at least and to give Bond to their Majesties in double the value of the Goods and the Penalties in this Act to answer the value of the Goods and other the said Penalties and after such Security given the Claim and Sureties Names and the Sum and date of the Bonds to be registred and subscribed by the Claimer Collector or Customer to whom such Bill shall be delivered and for want of giving Security and making Claim as aforesaid the Goods shall be adjudged to be imported contrary to this Act and be forfeited and within seven days after such default shall be destroyed as hereafter is appointed but if such Security be given and Claim made as aforesaid an Information shall the next Term or sooner be exhibited in the Exchequer and no Writ of Delivery or Restitution shall be granted till the Cause be determined by the Verdict of a Jury to be returned by the proper Officers in the presence of a Commissioner of the Customs in London and of the principal Officer in any Out-port which Jury upon the taste or view of the Goods o● upon proof shall judge the quality and value thereof and whether imported contrary to this Act and in what Vessels imported and by whom imported or sold and in whose custody they were when seized and if the Jury shall find that they were of the Product or Manufacture of the French Kings Dominions or mixt with any Goods of such Product or Manufacture then all such liquid Commodities shall be adjudged to be staved and spilt and other Commodities to be publickly burnt in the presence of one of the Sheriffs of London in the Port of London and of the chief Magistrate in any other Port who are required to be present and assisting in the destruction thereof and to view taste and examine them according to the first Entry made in the Warehouse-Book and to join with the Collector c. who are also required to be present at the destruction thereof in a Certificate to be entred in the said Book of the day of the destruction thereof no Persons to take away or save any of the said Commodities on pain to forfeit 40 s. above the value of the said Goods II. Importers thereof shall forfeit the full value according to the Rates hereafter mentioned and Persons in whose custody they shall be found when seiz'd or who shall sell or retail them shall for the first Offence forfeit the value thereof as aforesaid and for the second Offence double the value and be disabled to bear or execute any Office or Employment relating to the Customs or any part of the Revenue or any other Office whatsoever and if any such Commodities imported contrary to this Act shall within the time aforesaid upon any pretence be sold retailed or uttered or be found within England Ireland c. any Persons may seize them and like Information and Judgment for destruction thereof shall be had and given as aforesaid III. They in whose custody such Goods shall be found shall incur the Forfeitures and Penalties aforesaid and if any dispute or doubt shall arise whether the said Goods were of the Product or Manufacture of the French Kings Dominions or imported contrary to this Act the proof shall lie on the Importer Claimer Vender c. and not on the Informer and if any Informer shall by Fraud or Collusion desist or delay Prosecution he shall forfeit 500 l. All Officers belonging to the Customs and