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

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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
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
purposes and the principal Moneys thereupon payable in Course and the Interest every three months as if the former Orders were not cancelled IV. The Governour and Company of the Bank of England shall not be obliged to make Dividends of the Moneys received by them by virtue of the Talleys and Orders which have been subscribed into the Capital Stock of the said Bank since the enlarging thereof once in every four months but after 25 Mar. 1698. shall make such Dividends once in every six Kalendary Months at the least unto the Members of the said Corporation according to their respective Shares and Interests in the said Capital Stock Partitions I. STat. 8 9 W. 3. cap. 31. From and after the first day of May 1697 after Process of Pone or Attachment return'd upon a Writ of Partition and Affidavit made of due notice given of the said Writ of Partition to the Tenant or Tenants to the Action and a Copy thereof left with the Occupier or in the Tenants absence to the Wife Son or Daughter of the Age of 21 of the Tenant in Possession of the Manors Lands c. whereof the Partition is to be unless the Tenant in Possession be Demandant in the Action at least 40 days before the return of the Pone or Attachment if there be no Appearance entred in 15 days after the return in the Court where such Writs are returnable then the Demandant having entred his Declaration the Court may proceed to examine the Demandants Right and Part and according as they shall find the same to be they shall for so much give Judgment by Default and award a Writ to make Partition which Writ being executed after 8 days notice to the Occupier and return'd and thereupon final Judgment entred the same shall be good and conclude all persons whatsoever although all persons concerned are not named in the Proceedings nor the Title of the Tenants truly set forth II. Provided that if any person concerned against whose Right such Judgment by default is given shall within one year after or in case of Infancy Coverture Non Sanae Memoriae or absence Beyond-Seas within one year after such Inability removed move the Court where such Judgment is entred and shew good matter in Bar of such Partition then the Court may suspend or set aside such Judgment and admit the Tenant to appear and plead and the Cause shall proceed as if no such Judgment had been given and if the Court shall adjudge for the first Demandant then the first Judgment shall stand confirm'd and the person so appealing shall pay Costs or if within such time the persons concerned shall shew to the Court an inequality in the Partition the Court may award a new Partition to be made in presence of all Parties concerned if they will appear which second Partition return'd and filed shall be good and firm against all persons except as before for ever III. No Plea in Abatement shall be admitted in any Suit for Partition nor shall the same abate by reason of the Death of any Tenant IV. When the High Sheriff cannot conveniently be present at the Execution of any Judgment in Partition the Under-Sheriff in presence of two Justices of Peace of the County may proceed to the Execution of the same by Inquisition in due Form of Law and the High Sheriff shall make the same Return as if he were personally present After Partition made return'd and filed the Under-Tenants shall continue in their Tenancies as before they were divided and set out to the respective Landlords under the same Rents and Covenants c. so also where any Demandant is Tenant in actual Possession to the Tenant to the Action for his part and proportion or any part thereof V. The respective Sheriffs Under-Sheriffs and Deputies and Justices of Peace in case of Disability in the High-Sheriff shall give due attendance to the Executing of such Writ of Possession or every of them to pay the Demandant Costs and Damages not exceeding Five pounds for Which the Demandant may bring his Action in any of the Kings Courts at Westminster wherein no Essoin c. In case the Demandant shall not pay the Sheriffs c. such Fees as they demand the Court shall award what each person shall receive VI. This Act to continue for seven years and from thence to the end of the next Session of Parliament Poor I. Stat. 8 9 W. 3. cap. 30. If any person who after the First Day of May 1697. shall come to any Parish or other Place to Inhabit shall at the same time deliver to any of the Church Wardens or Overseers of the Poor of the Place where he comes a Certificate under the Hands and Seals of the Church-wardens or Overseers of the Poor of any other Parish or Place Attested by Two or more Witnesses thereby owning the Person mentioned in the Certificate to be an Inhabitant legally Settled in that Parish or Place such Certificate having been Allowed and Subscribed by Two Justices of Peace of the County City or Borough from whence it comes shall oblige the said Parish or Place to receive and provide for the person mentioned in the Certificate with his Family as Inhabitants whenever the party shall happen to become Chargeable to the place to which such Certificate was given and then and not before it shall be Lawful for such Person and his Children though Born in that Parish not having otherwise Acquired a Legal Settlement to be removed to the place from whence such Certificate was brought II. After 1 September 1697. every such person as shall receive Relief of any Parish or Place and the Wife and Children cohabiting in the same House except such Child as shall be permitted to live at home to attend some helpless Parent shall upon the Right Shoulder of their upper Garment in a visible manner wear a large Roman P with the first Letter of the Name of the Parish or Place where the said person Inhabits cut in Red or Blue Cloath as the Church-wardens or Overseers shall appoint The Poor person neglecting or refusing to wear such Badge or Mark may be punish'd by any Justice of Peace of the County either by ordering his or her Relief on the Collection to be abridged or withdrawn or by Committing the party to the House of Correction not exceeding 21 Days and if any Church-warden or Overseer of the Poor after the said 1 Septemb. shall relieve any such Poor person not wearing such Badge he being Convicted by one Witness before a Justice of Peace shall Forfeit for every such Offence 20 s. to be Levied by Distress and Sale of Goods one Moiety to the use of the Informer the other to the Poor of the Parish III. Justices of Peace at their Quarter Sessions upon any Appeal concerning the Settlement of any Poor person or upon Proof of notice given of an Appeal though the Appeal was not afterwards Prosecuted shall Award to the party for whom such
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
Session of Parliament unless they shall be sooner Bailed or Discharged by Six of the Privy Council Iuries I. Stat. 8 9 W. 3. cap. 10. It shall be lawful at any time before the 1st of Nov. 1697. for all Sheriffs or Coroners of Counties where Lists have not been Returned pursuant to the Act made the first Sessions of this present Parliament Intituled An Act for the Ease of Jurors and better Regulating of Juries to make Returns of Jurors in all Cases as they might have done before the making of the said Act. And from and after the Feast of S. Michael 1697. all Justices of the Peace are Required and Commanded at their Sessions of the Peace next before the Feast of S. Michael yearly to Issue forth Precepts to the respective Constables within their respective Counties or Divisions requiring them to make such Return of Persons to Serve upon Juries as by the said Act is directed Iudicial Proceedings I. Stat. 9 10 W. 3. cap. 16. The High Court of Chancery Court of Exchequer at Westminster or Court of Great Sessions in the respective Counties in Wales where the Cause or Causes Originally arose may issue forth Execution or Executions and other Processes upon every Judgment or Decree given or made in the Court held before the President and Council of the Marches of Wales before 1 June 1689. as if such Judgment or Decree had been given or made in either of the said Courts of the Exchequer or Grand Sessions II Provided That the said Courts have power to Review Rehear Reverse or Affirm the said Judgments and Decrees Iustices of Peace I. Stat. 8 9 W. 3. cap. 33. The Act made 5 6 W. M. Intituled An Act to Prevent Delays of Proceedings at the Quarter Sessions of the Peace shall be and is continued and made Perpetual II. After the 21st of April 1697. the Party prosecuting any Certiorari to remove an Indictment from the Quarter Sessions may find two sufficient Manucaptors to enter into a Recognizance before any one of the Justices of the Kings Bench in the same Sum and under the same Condition as are required by the former Act whereof mention shall be made on the Back of the Writ under the Hand of the Justice who took the same which shall be as Effectual to stay Proceedings as if taken before a Justice of Peace in the Proper County and it shall be added to the Condition of the Recognizance that the Party Suing out the Certiorari shall appear from day to day in the Court of Kings Bench and not depart till discharged by the said Court London I. STat. 8 9 W. 3. cap. 37. After 10 April 1697. all and every person and persons inhabiting in the Out Parishes of Middlesex and Westminster and Liberties thereof in the Borough of Southwark or in the Streets Lanes or Alleys comprized in the Weekly Bills and in the Town of Kensington shall Weekly on Wednesday and Saturday at the least between the hours of Six and Nine in the Forenoon cause to be swept and cleansed all the Streets Lanes Alleys and publick places before their respective Houses Buildings and Walls as well as of Churches and other publick places that the Dirt and Soil in the Streets may be heaped ready for the Scavenger to carry away upon pain to forfeit 10 s. for every Offence II. If any Conviction upon this Act or that of 2 W. M. Sess 2. cap. 8. shall be by view or knowledge of a Justice of Peace then one half of the penalty shall be to the Poor the other if for default of Pavement towards repairing the same and cleansing the Streets to be paid to the Scavenger otherwise to the relief of the Poor III. Where one side of a Street or Lane lies within the Bills of Mortality and the other side without the Justices of Peace may cause the respective Inhabitants to Pave that other side under the same penalty as if the same had been within the Bills of Mortality IV. The aforementioned Act of 2 W M. and the Clause therein against the Breeding Feeding or Keeping of Swine in the Backsides of the Paved Streets of the said Cities c. shall after 10 April 1697. be effectually put in execution against all persons whatsoever who shall presume to keep any manner of Swine so far as the Contiguous Buildings of the said Streets shall extend or within 50 yards thereof V. Where there is any Liberty Precinct or Vill within the Weekly Bills that uses to repair their own High-ways and also perform days work to other High-ways and are or shall become unable then after the said 10th of April the Justices of Peace at their special Sessions to be held every Four Months may allow so many days work as the said Justices shall think fit to be imployed by the Inhabitants of such Liberty c. in repairing the High-ways within such Liberty c. and the residue of the days Work as such Inhabitants are liable to do shall be imployed in repairing the other High-ways VI. So much of the Ancient High-way leading from Tottenham-Court near St. Giles's Pound towards Tiburn as is now built on both sides thereof shall be hereafter repaired paved and maintained by such persons as have heretofore used to repair pave and maintain the same under the Penalties aforesaid VII Sir Robert Clayton Sir William Ashhurst Sir Richard Onslow Bart. Denzil Onslow Esq Anthony Bowyer Esq Charles Cox Esq John Arnold Esq Samuel Lewyn Esq Thomas Wymondesal Esq William Gulston Esq Francis Wilkinson Esq Thomas Roffey Esq John Riches Esq Sir John Fleet Sir John Parsons Sir James Houblon Sir Rich. Levett Spencer Cooper Esq Joseph Scriven Esq or any 11 of them shall have Power and Authority to treat and agree with the Owners of such Houses on or near the South end of London Bridge as they shall think fit to be removed rebuilt or pulled down or any part of them and upon payment of such Money as shall be agreed on to appoint Workmen to pull down the said Houses or cause the said Owners to rebuild accordingly VIII And this Act shall indempnify the said Commissioners and all persons Authorized by them as if the same had been sold by Deed and done by Fine and Recovery or any other way And if any person or persons shall wilfully refuse to treat and agree as aforesaid or through Nonage or other Disability cannot in such cases the said Commissioners may issue out a Warrant or Warrants to the Sheriffs of London and Surrey to return a Jury before the said Commissioners or any 11 of them which Jury are upon their Oaths to enquire and assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and Occupiers of any such Houses and such Verdict of the Jury and Judgment of the Commissioners thereupon and the Legal payment or tender of the Money so awarded shall be binding against the Parties their Heirs
or Fleet Prisons longer than while they are actually in possession of such Chambers and not above 2 s. 6 d. per Week and if the Keeper of any Prison take more to Forfeit 20 l. XVI After the said 1 May All persons having Moneys owing from any person in any pretended Privileg'd Place as White Fryars Savoy Salisbury Court Ram-Alley Mitre Court Fullers Rents Baldwyns Gardens Mountague Close or the Minories Mint Clink or Deadmans Place may upon a Legal Process taken out Require the Sheriffs of London and Middlesex the Head Bayliff of the Dutchy Liberty or the High Sheriff of Surrey or Bayliff of Southwark or their Deputies or Officers to take the Posse Comitatus and Arrest such person or Seize their Goods upon Execution or Extent And such Sheriffs or Officers neglecting or refusing to Forfeit to the Plaintiff 100 l. And every person Opposing or Resisting such Officers shall Forfeit 50 l. and be sent to Goal till the next Assizes c. and suffer such Imprisonment and be set in the Pillory as the Court shall think fit XVII And if any Rescous be made of any such Prisoner the persons aiding therein shall respectively Forfeit to the Plaintiff 500 l. XVIII Which Forfeiture with Costs of Suit not being paid within One Month after Judgment for the Recovery thereof the person so refusing or neglecting shall be Transported to some of the Plantations for Seven years and returning again within the Seven years to be guilty of Felony without Benefit of Clergy XIX And the persons inhabiting within any such pretended Privileg'd Places harbouring any person who shall have made such Rescous shall be Transported as aforesaid unless they pay the Plaintiff the whole Debt and Costs within One Month after Conviction XX. The Penalties in this Act to go one half to his Majesty and the other half to the Prosecutor XXI This Act shall be taken to be a general Law and not necessary to be set forth in Pleading Any person Sued for putting it in Execution may Plead the general Issue and give the Act in Evidence and if upon a Verdict Discontinuance or Demurrer Judgment pass for the Defendant he shall have double Costs XXII Saving to Martha Johnson Widow and her Children their Claim to the Houses and Shops belonging to the Fleet. And this Act not to lessen the Security for Money out of the Mashalship of the Kings Bench Prison made by William Lenthall Esq to Sir John Cutler Bart. decased or to his Executor Edmund Boulter Esq XXIII And saving to Anthony Smith Mariner his Heirs c. their Claim to the Office of Warden of the Fleet or to the Prison or Houses and Shops thereto belonging after a Mortgage made thereof by Thomas Bromhall unto Henry Norwood Esq with a Proviso for Thomas Norwood Surviving Executor of Henry Norwood touching a Mortgage of the said Office of Warden for 2153 l. And for John Clements Gent. for a like Mortgage for 2299 l. XXIV All Deputations c. made heretofore by William Lenthall Esq of the said Office of Marshal of the Marshalsea of the Kings Bench Prison are declared void and all succeeding Marshals shall be appointed by the said William Lenthall with the Consent of Edmund Boulter Esq till the Debt owing to the said Edmund Boulter as Executor to the said Sir John Cutler be satisfied Religion I. STat. 9 10 W. 3. cap. 32. For Suppressing Blasphemy and Profaneness It is Enacted That such persons as having been Educated in or having made Profession of the Christian Religion within this Realm and shall by Writing Printing Teaching or Advised Speaking deny any one of the Persons in the Holy Trinity to be GOD or shall assert or maintain there are more Gods than One or shall deny the Christian Religion to be True or the Holy Scriptures of the Old and New Testament to be of Divine Authority and be thereof lawfully Convicted shall for the First Offence be incapable to have or enjoy any Offices or Imployments Ecclesiastical Civil or Military or any part in them or profit by them and the Offices Places and Imployments enjoyed by such persons at their Conviction shall be Void And being a second time Convicted of any the aforesaid Crimes shall be Disabled to Sue Prosecute Plead or Use any Action or Information in Law or Equity or be Guardian of any Child or Executor or Administrator of any person or capable of any Legacy or Deed of Gift or to bear any Office Civil or Military or Benefice Ecclesiastical for ever within this Realm and shall suffer Three Years Imprisonment from the time of such Conviction without Bail or Mainprize II. No person shall be Prosecuted by Virtue of this Act for Words spoken unless the Information be given upon Oath before some Justice of Peace within Four days and the Prosecution be within Three Months after such Information III. Persons Convicted of any of the said Crimes shall for the First Offence upon Renouncing such Erroneous Opinions in the Court where Convicted within Four Months after Conviction be Discharged from all Penalties and Disabilities incurred by such Conviction Rivets I. Stat. 9 10 W. 3. cap. 19. For cleansing and making Navigable the Chanel from Hithe at Colchester to Wivenhoe It is Enacted That for 21 Years from 1 May 1698. All Merchants or Owners of Goods Wares and Merchandizes that shall be brought into the River and Chanel commonly called Colne and shall be Landed at or Shipped from Wivenhoe or the New Hithe in Colchester or between either of the said places shall pay to the Collectors to be chosen towards the cleansing and making Navigable the said River and Chanel the Duties hereafter expressed viz. For every Bay Say or Perpetuane One Half peny per piece For every Tun of Timber six pence For every Tun of Chalk for Lime three pence For every Tun of Paving Stone six pence For every Tun of all other kind of Stones or of Tobacco-pipe Clay Ashes or Pan Tyles and for every Chalder of Fullers Earth or Chalder of Sea Coal twelve pence For every Tun of Oyl three shillings For every Tun of Wines or Brandy five shillings And for every Tun of all other Goods Wares and Merchandizes two shillings and so proportionably for a greater or lesser Quantity of the foresaid Goods to be paid before the said Goods c. shall be Landed and Delivered out by the Merchant or Owner to the Uses aforesaid II. All which Money shall be paid to the Collectors upon Demand to be by them paid over to such person as shall be appointed the General Receiver by the Mayor Aldermen Assistants and Common Councel of the Borough of Colchester for the Uses aforesaid III. In case of Failure of payment of the said Duties the Collectors so soon as such Goods c. shall be Landed or Delivered out or Laden into any Ship or Vessel may Distrain so much of the said Goods as may answer the said Duties with Costs and Charges of
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
Taxes § 122. Greeland Company vid. Taxes § 476. Greenwich Hospital vid. Seamen § 1. Guineas vid. Coin § 1. Hammered Money vid. Coin § 3 4 5 6 7 9 14 15 16 20 31 32. Excise s 40 60. Taxes s 83 96 101 116 117 118 119. Hawkers and Pedlers p. 47. Hawkers and Pedlers vid. Taxes § 210 211 212 217 218 226 386 387 388. Hay-market pag. 47. Herrings vid. Taxes § 160. Hides and Skins vid. Taxes § 192. Highways pag. 48. Horley vid. Highways § 1. Hospitals vid. Taxes § 46. Houses and Shops belonging to the Fleet vid. Prisons § 22 23. Houses and Windows vid. Taxes § 129 130. House of Correction vid. Squibs § 3 Housholders vid. Taxes 33.462 Hull Trinity House vid. Burlington § 1. I. IMbezlement vid. Stores § 1. Trade s 6. Importations vid. Excise § 35. Trade s 48 55 57 58 83 96 129 130. Wool s 1.10 Impositions or Duties on Goods Wares and Merchandizes vid. Rivers § 1. 15 16. Imprisonment pag. 55. Imprisonment vid. Creditors § 5. Poor s 3. Prisons s 16. Religion § 1. Rivers s 12. Ships s 6. Stores s 2 3. Taxes s 24.435 Trade § 100. Treason s 3. Inns of Court or Chancery vid. Taxes § 131 460. Insurance from Fire vid. Taxes § 55.280 Iron vid. Taxes § 126. Judicial Proceedings pag. 56 Judgment vid. Suits § 2 6 8. Texes s 152. Juries pag. 56. Juries vid. Highways § 17. London § 8. Rivers s ● Suits s 8. Justices of Assize vid. Highways § 22 Suits s 8. Chief Justices of the King's Bench vid. Churches § 3. Justices of Peace pag. 56. Justices of Peace vid. Highways § 16.23 24. Juries § 1. Partitions s 5. Poor s 3. Salt s 2 3. Seamen § 2. Soldiers s 5. Squibs s 2. Taxes s 112 190 407. Trade s 6.100 Justices of Peace of Essex E. Division vid. Rivers § 12. Justices of Peace for Glocester-Shire vid. Highways § 25.29 31 32 33 42. Justices of Peace of HeresordShire vid. Highways § 41 42. Justices of Peace for St. Albans vid. Poor § 8. Justices of Peace of Somersetshire vid. Bridegwater § 4. Justices of Peace of Surrey and Sussex vid. Highways § 1.5 15 Justices of Peace of Westminster vid. Hay-market § 6 7. Justices of Peace of Yorkshire E. Riding vid. Burlington § 4. K. KEepers of Prisons vid. Prisons § 9 10. Kensington vid. London § 1. King's Bench Prison vid. Prisons § 11. King's Houshold vid. Customs § 56. Excise § 37.57 Kings Printing House vid. Taxes § 55 280. L. LAnd Forces vid. Excise § 36. Lunds Tenements and Hereditaments vid. Taxes § 10.232 Lapis Calaminaris vid. Taxes § 126. Lawyers vid. Taxes § 5.421 Leather vid. Taxes § 173 174 176 177 178 179 180 181 182 183 184 185 186 187 188 189 199 208 209. Leward Island vid. Customs § 56. Leather-Dresser vid. Taxes § 195. Limitation of Actions and Prosecutions Religion § 2. Trade s 52 66 68. Linen vid. Customs § 13.47 Loans vid. Orders of Loan Lodgers vid. Taxes § 23. London pag. 57. London vid. Brokers § 1.9 Trade § 100. London Bridge vid. London § 7. Lustrings and Alamodes vid. Customs § 57. Trade s 1 3 4 5 7 55 57 58 59 60 61 62 63 67 68 69. Lustring Company vid. Trade § 7 8 67 68. M. MAlsters vid. Excise § 14 17 18 19 20 21 24. Malt s 1. Malt 59. Malt vid. Excise § 14. Malt Lottery vid. Excise § 40. c. Malt Tickets vid. Excise § 39 41 42 c. Taxes § 227. Malt Ticket Office vid. Excise § 56. Marine Regiments vid. Soldiers § 8. Markets and Fairs vid. Taxes § 218 221 397. Marks of the Goldsmiths-Hall or Company vid. Coin § 10 15 17. Marriages Births and Burials vid. Taxes § 128 130 406 407 408. Marshall of the King's Bench vid. Prisons § 11 12 22 24. Masters and Mistresses vid. Taxes § 25. Lord Mayor of London vid. Brokers § 5. Churches s 2 3 4. Trade § 100. Mayor of Colchester vid. Rivers § 2 4 5 7 8 10 11 12 13 14 16. Medals vid. Brokers § 9. Members of Parliament vid. Taxes § 79 297 464. Merchandizes vid. Customs § 8.55 Merchants vid. Taxes § 108 280 421. Middlesex and Westminster vid. London § 1. Military Officers vid. Soldiers § 4. Militia pag. 59. Militia vid. Squibs § 5. Million Lottery Tickets vid. Taxes § 401 402 403 404. Mill'd Money vid. Excise § 40. Minors vid. Taxes § 85 450. Mints vid. Coin § 1 2 3 7 8 10 11 2● 22 23 25 32. Mum vid. Excise 14. N. NAturalization vid. Soldiers § 9. Naval Stores vid. Customs § 26. Ships § 14. Navy vid. Exchequer § 13. Ships s 1. Navy and Ordnance vid. Excise § 36. Ships s 14. Negroes vid. Trade § 27 29 41. Newcastle upon Tyne vid. Burlington § 1. New Forest in Hampshire vid. Ships § 1. Noli prosequi vid. Taxes § 88.293 Nuisance vid. Squibs § 1. O. OAths ● pag. 61. Oath and Oaths vid. Brokers § 2 3. Coin s 6 7. Creditors s 3.11 Excise s 51. Haymarket s 7 Highways s 5 17 29 32. Imprisonment s 1. London s 8 9. Militia s 3. Poor s 3 5. Prisons s 7.14 Religion s 2. Rivers s 8.12 13. Soldiers s 11 12 13. Taxes s 16.61 62 63 64 65 110 165 170 197 237 270 271 281 282 283 284 285 377 414 427 458. Trade s 24 25 28 77 81 123 124 126. Officers of the Exchequer vid. Taxes § 91 145 220 292 396 484. Trade s 105. Officers of the Customs v. Taxes § 104 106 107 109. Trade s 60. Officers and Commissioners of the Navy vid. Stores § 8. Officers of the Ordnance vid. Squibs § 4. Offices and Imployments vid. Taxes § 27.231 Orders of Discharge vid. Creditors § 10. Orders of Loan vid. Oaths § 1 2 3. Taxes s 89 227 300 303 304 305 306 307 308 467 468 469 470 471. Ordnance vid. Exchequer § 13. P. PAnnage vid. Ships § 9. Paper Vellum and Parchment vid. Taxs § 102 127 322. Trade s 105. Papist vid. Militia § 3. Taxes § 62 84 281. Pardons vid. Treason § 10 11. Parents or Guardians vid. Taxes § 25. Parliament vid. Members of Parliament Partitions pag. 62. Party-Guiles vid. Excise § 2. Paupers vid. Taxes § 100. Penalties and Forfeitures vid. Seamen § 8. Ships § 6 Taxes s 42 43 45 62 63 64 75 97 107 109 118 180 183 184 191 196 213 212 244 249 250 252 381 388 389 411 412 414 442 462. Trade s 2 3 8 15 49 51 74 99 148. Pensions Annuities and Stipends vid. Taxes § 3.26 Pepper vid. Custom § 12.47 Perjury vid. Trade § 12. Persons not taking the Oaths vid. Militia § 3. Pewter vid. Tin Physicians vid. Taxes § 5. Pilchards and Scads vid. Taxes § 160. Pipes or Stopcocks vid. Excise § 5 6 7. Plantation Trade vid. Taxes § 122. Trade s 54. Plantations in America vid. Trade § 22 26 27. Plate wrought vid. Coin § 10 17 18 19 20. Excise § 40. Poor pag 63. Posse Comitatus