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
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
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
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
Distraining and keep the same till the said Duties be satisfied and if not paid within Ten days then to sell the same IV. The said Mayor and Aldermen or their Assignees may by the 25th of Decemb. 1698. Design and Lay out where such Chanel or River shall be made enlarged opened and continued between Wivenhoe and the New Hithe and what points or parcels of Land are fit to be Cut and Laid out for making or enlarging such Chanel as to them their Deputies and Workmen with the allowance of the Commissioners hereafter mentioned or any Five of them shall seem meet so as such Land so to be laid out exceed not One hundred Foot in breadth in any place V. It shall be lawful for the said Mayor and Commonalty their Assignees and Workmen to Cut and Dig the Land so laid out and make new or larger all the passages for Water through such Land being the Ground or Soil of any person whatsoever between Wivenhoe aforesaid and the New Hithe and to remove all Gravel Beds of Ouze or any other Impediment to the Navigation and lay the Earth Soil and Stuff thence digged on any side of the Bank of such Chanel and have free passage for Cutting Cleansing or Amending the same and to do all other necessary Matters for carrying on the said Undertaking VI. But not to make any new Cut through any Land belonging to Anthony Earl of Kent other than one piece called Gravel-Pit-Land the Cut through the same not exceeding 40 Perches or Poles in length and other than two other pieces called Forelands belonging to the said Earl the Cut through the same not exceeding 45 Perches in length in either of them Nor shall the Cut be made on the Land-side of the Wall or Bank there nor so near as to prejudice such Wall or Bank Nor to make any Cut through any Land belonging to Nicholas Corsellis Esq other than one piece called The Reede Point the Cut through the same not exceeding 45 Perches or Poles in length And in case any Wall Sluce or Bank for the defence or benefit of the Lands of the said Earl of Kent or Nicholas Corsellis or any other person or persons be damnified in Cutting or Cleansing the said Chanel the said Mayor and Commonalty shall make good the same And that no part of the Ground or Soil so dug shall be thrown on the Land-side of any persons Ground without the Licence of the respective Owners thereof but only upon the Walls or Banks or the Border of the said Chanel or some place between the Walls and Chanel And for such points of Land as shall be severed from the main Land by making a new Cut the like satisfaction shall be made as to the Owners of such Land through which such Chanel shall be made or enlarged And upon payment of the Money agreed on for the said Points so severed the said Points or Parcels of Land shall be together with the New Chanel vested in the said Mayor and Commonalty and their Successors for ever VII Provided That if the said Mayor and Commonalty shall not repair and make good the Premisses so damnified they shall answer double Damages besides Costs of Suit to the Owner or Proprietor of such Lands or Premisses to be recovered by Action of Trespass or upon the Case VIII Provided That the said Mayor and Commonalty shall make satisfaction to the Owners of such Land or such as may sustain any Damage thereby and proportion the satisfaction in respect thereof and what Share any Tenant or other person shall have for the same And in case any person refuse to Agree or through Disability by Nonage or otherwise cannot the said Commissioners shall issue their Warrants to the Sheriff of Essex for Impanelling and Returning a Jury or Juries who being Sworn shall enquire of and assess such Damages as they shall judge fit And the said Commissioners shall give Judgment for such sums so assessed by the Juries and by Examination upon Oath c. shall hear and determine all Controversies touching the Premisses IX Which said Judgments pronounced by the Commissioners Notice in Writing being first given of their Meeting to every Party concerned or left for them shall be Binding And being in Writing under the Hands and Seals of such Commissioners shall be kept among the Records of the Sessions of Peace for Colchester for all persons to resort to without Fee or Reward and shall be taken as Evidence in any Court of Record X. Upon payment of the Mony so agreed on or decreed or tender thereof or refusing to receive the same so tendred then upon payment thereof to such persons as the Commissioners shall appoint for the use of the persons interested therein and not before the said Mayor and Commonalty their Workmen Agents and Servants may Dig and Cut any such Land as aforesaid or do any such further Act for making the said Chanel and River Navigable And the said Mayor and Commonalty Commissioners and Persons Authorized by them shall be Indempnified against the Heirs Executors Administrators and Assigns of such Owners as if such Land had been sold or conveyed from them to the said Mayor and Commonalty and their Successors XI The said Mayor Aldermen c. may from time to time during the said 21 Years nominate and choose Collectors of the Money payable as aforesaid who shall pay the same to the Receiver General for the Use of the said Mayor and Commonalty for the purposes aforesaid and no other XII The Mayor of Colchester for the time being and the Justices of Peace for the East Division of Essex for the time being shall be Commissioners for the purposes aforesaid and take the Accounts of the Receipts and Disbursements of the Money Collected and Levyed during the said Term and shall and may call before them such Collectors or Receivers and all other persons Intrusted with the Collection or management thereof who shall give an Account thereof in Writing upon Oath And the said Commissioners may Order the Moneys remaining upon such Account to be laid out for the purposes aforesaid And if any such Collectors Receivers or others refuse to give such Account or pay the Moneys then due as the said Commissioners shall direct they or any five of them may commit such persons to the Common Goal of the said Town till they shall give such Account and pay the Money due thereupon XIII Every such Collector and Receiver shall before the Execution of such Office take an Oath for the true Executing the same before the said Mayor XIV After 1 May 1698. no Goods Wares or Merchandizes except Wood or Timber shall be laden or unladen at any Key or Wharf in the said River or Chanel but only at Wivenhoe and the New Hithe aforesaid on pain of Forfeiting to the said Mayor c. 5 l. for the uses aforesaid But not to prohibit the lading or unlading of any Goods at or from the late erected Wharf of Giles Sayer in