with the Principal Officers or Commissioners of the Navy Ordnance or Victualling Office for his Majesties use shall make any Stores of War or Naval Stores with the Marks usually used to his Majesties said Stores viz. Cordage of three Inches and upwards with a white Thread laid the contrary way smaller Cordage from three Inches downwards with a Twine in lieu of a White Thread laid the contrary way Canvis wrought or unwrought with a blue streak in the middle or any other Stores with the Broad Arrow by Stamp Brand or otherwise upon pain that every such person not being a Contractor as aforesaid or Imployed by such Contractor shall for every such Offence forfeit such Goods and 200 l. with Costs of Suit one moiety to the King the other to the Informer to be Recovered in any the Courts of Record at Westminster II. Persons in whose Custody such Stores so Marked shall be found not Imployed as aforesaid or who shall conceal such stores so marked and be convicted thereof shall forfeit such Goods and 200 l. with Costs of Suit one moiety to his Majesty and the other to the Informer and suffer Imprisonment till payment thereof unless such person upon his Tryal produce a Certificate under the hand of three or more of the Commissioners of the Navy Ordnance or Victuallers particularizing the Goods in question and the reason of such Goods coming into such persons hands III. Whereas divers persons have personated Seamen who have served on Board his Majesties Ships and thereby fraudulently received Moneys at the Pay Office or elsewhere and have Forged Letters of Attorney or Bills of Sale Assignment or Last Wills and have personated the Wives Relations or Creditors of such Seamen and taken Letters of Administration to them or Forged Letters of Attorney Bills of Sale or other Authorities in the Names of their Executors or Administrators for receipt of the Wages due to such Seamen It is Enacted That the Persons their Aiders or Abettors that shall be convicted of the said Crimes and Offences committed after 24 Jun. 1698. shall besides all other penalties forfeit 200 l. with costs of Suit one moiety to the King the other to the Informer to be recovered as aforesaid and suffer Imprisonment till payment thereof IV. The said principal Officers or Commissioners may sell and dispose of any the said Stores so marked as they might have done before the making of this Act and the Buyers may quietly keep and enjoy the same upon producing a Certificate under the Hand and Seal of three or more of the said Principal Officers or Commissioners that they bought such Goods from them or from some person who bought them from the said Officers or Commissioners before such Stores were found in their Custody Which Certificate shall express the quantities of such Stores and when and where bought of the said Commissioners Which Commissioners are to give such Certificates within 30 days after the sale and delivery of such Stores so sold V. Persons sued for discovering or seizing any such Stores so marked may plead the general Issue and give this Act and the special matter in Evidence And if the Defendants prove the Stores were so Marked and the Plaintiffs do not prove they were so Imployed or had such Certificate before such discovery and seizure and shewed it to the Defendants before such Suit commenced the Defendants shall be acquitted unless upon sight of such Certificate they did not deliver back to the Plaintiffs such Stores so seized in good Condition And upon such acquitting or that the Plaintiffs discontinue or be Nonsuit the Defendants shall recover Treble Costs VI. After the said 24 Jun. No Seamans Will contain'd in the same Instrument with a Warrant or Letter of Attorney shall be good in Law VII No Ecclesiastical Court or any person shall take more than 1 s. for the Seal Writing or Suing forth any Administration granted to the Wife or Children of any Seaman dying in pay of his Majesties Navy unless such Seamans Goods and Chattels amount to 20 l. The persons offending to forfeit to the Party grieved 10 l. VIII The principal Officers and Commissioners of the Navy or any chief Commander of any his Majesties Ships at Sea may Lend any of his Majesties Stores to any Merchant Ship or Vessel in Distress or otherwise in case such Goods be restored with all possible Conveniency and provided the persons Borrowing the same have such Certificate as aforesaid which the Lenders are hereby required to give Suits I. Stat. 8 9 W. 3. cap. 11. After 25 of March 1697. where several persons shall be made Defendants to any Action of Trespass Assault false Imprisonment or Ejectione Firmae and any one or more shall upon Tryal be Acquitted by Verdict every person so Acquitted shall Recover his Costs of Suit unless the Judge shall immediately after the Tryal in open Court certifie upon the Record that there was a reasonable Cause for making such person or persons a Defendant or Defendants to such Action II. After the said 25 of March if any person shall Commence in any Court of Record any Action or Suit wherein upon Demurrer Judgment shall be given against the Plaintiff or Defendant or if at any time after Judgment given for the Defendant the Plaintiff shall Sue a Writ of Error and the said Judgment shall be affirmed or the said Writ discontinued or the Plaintiff Nonsuit therein the Defendant shall have Judgment to Recover his Costs against such Plaintiff and Execution by Capias ad satisfaciendum Fieri facias or Elegit III. After the said 25 of March in all Actions of Waste and Debt upon the Statute for not setting forth of Tithes where the Damage found by the Jury shall not exceed Twenty Nobles and in all Suits upon Writs of Scire facias and upon Prohibitions the Plaintiff obtaining Judgment or Award of Execution after Plea Pleaded or Demurrer joyn'd therein shall likewise Recover his Costs of Suit and if the Plaintiff become Nonsuit or Discontinue or a Verdict pass against him the Defendant shall have Costs and Execution for the same IV. In all Actions of Trespass Commenced after the said 25 of March in any Court of Record at Westminster where it shall appear at the Tryal and be certified by the Judge on the back of the Record that the Trespass was wilful and malicious the Plaintiff shall Recover not only his Damages but his full Costs of Suit V. Provided nothing herein contain'd shall alter the Laws in being as to Executors and Administrators in such Cases where they are not at present liable to pay Costs of Suit VI. In all Actions commenced in any Court of Record after the said 25 of March if the Plaintiff dye after an Interlocutory Judgment and before a final Judgment the said Action shall not abate if the said Action might be originally prosecuted by his Executors or Administrators and if the Defendant die after such Interlocutory Judgment and before Final Judgment
the Action shall not abate if such Action might be originally Prosecuted against his Executors or Administrators and the Executors or Administrators of such Plaintiff after such Interlocutory Judgment may have a Scire facias against the Defendant if Living or if Dead against his Executors or Administrators to shew cause why Damages should not be Assest and Recovered against him or them and if he or they do not appear at the Return and shew sufficient Cause to Arrest the Final Judgment or being Returned Warned or upon Two Writs of Scire facias it being Return'd that the Defendant had nothing whereby to be Summon'd or could not be found a Writ of Enquiry of Damages shall be Awarded which being Executed and Return'd Judgment final shall be given for the said Plaintiff his Executors or Administrators VII If there be Two or more Plaintiffs or Defendants and one dye if the cause of Action survive to the surviving Plaintiff or against the surviving Defendant the Writ or Action shall not abate but such Death being suggested upon the Record the Action shall proceed VIII In all Actions after the said 25 day of March Prosecuted in any of the Kings Courts of Record upon any Bond or Penal Sum for Non-performance of Covenants the Plaintiff may Assign as many Breaches as he shall think fit and the Jury at the Tryal shall and may Assess Damages for such of the said Breaches so Assigned as the Plaintiff at the Tryal shall prove Broken and the like Judgment shall be Entred on such Verdict as hath been usually done in such Actions And if Judgment be given for the Plaintiff upon Demurrer Confession or Nihil dicit the Plaintiff upon the Roll may suggest as many Breaches as he shall think fit upon which shall Issue a Writ to Summon a Jury to Appear at the Assizes of that respective County to inquire of the truth of every one of those Breaches and to Assess Damages accordingly and the Justices of Assize shall make a Return thereof to the Court from whence the same Issued In case the Defendant after such Judgment Entred and before Execution Executed shall pay into Court such Damages so Assessed and Costs of Suit a stay of Execution shall be Entred upon Record Or if by reason of Execution Executed the Plaintiff or his Executors or Administrators shall be fully paid all such Damages together with his Costs and reasonable Charges the Body Lands and Goods of the Defendant shall be forthwith discharg'd and the Satisfaction enter'd upon Record Yet shall such Iudgment stand and be as a further Security to Answer to the Plaintiff his Executors c. such Damages as shall or may be sustain'd for further Breach of any Covenant in the same Deed or Writing contain'd upon which the Plaintiff c. may have a Scire facias upon the said Judgment against the Defendant his Heir Terre-Tenants Executors or Administrators suggesting other Breaches and to Summon them to shew Cause why Execution shall not be Awarded upon the said Judgment upon which there shall be the like Proceedings as aforesaid and upon payment of Damages and Costs Proceedings to be again stay'd and so toties quoties and the Defendant discharg'd out of Execution Taxes I. STat. 8 W. 3. cap. 6. All persons of what estate degree age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed not receiving Alms shall pay unto his Majesty his Heirs and Successors within the space of One Year from 25 Jan. 1696. the sum of 4 s. 4 d. by Monthly payments of 4 d. per Month reckoning 28 days to each Month the first payment to be 22 Feb. 1696. II. Over and above which Duty of 4 d. per Month all Servants and Journeymen except Day-Labourers having 4 l. per ann Wages or upwards and not exceeding 8 l. per ann shall pay for the same 13 d. per l. for One Year by like Monthly payments of 1 d. per l. And for more than 8 l. per annum Wages and not exceeding 16 l. per ann the sum of 2 s. 2 d. per l. by like Monthly payment of 2 d. per l. And for more than 16 l. per ann Wages the sum of 4 s. 4 d. per l. by like Monthly payments of 4 d. per l. III. All persons having or claiming any Pension Annuity Stipend or other yearly payment out of the Exchequer or any Branch of his Majesties Revenue except Rents issuing out of Lands Tenements or Hereditaments or charged upon the same and such Annuities as are or shall be exempted by Act of Parliament shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. IV. All persons that have or are to have receive or enjoy any Salary Fee or Wages or any Perquisites Allowances Poundage Gratuities Rewards Emoluments Income or Profits whatsoever arising by any Commissions Offices or Imployments Ecclesiastical Civil or Military under his Majesty his Heirs or Successors or under the Queen Dowager the Prince or Princess of Denmark or under Lords of Manors or any other persons and all their Clerks Deputies Assistants and Substitutes except Military Officers in Muster in the Army Navy or Ordnance shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. V. All Sergeants at Law Barristers Attorneys Sollicitors Publick Notaries Scriveners Chancellors Commissaries Officials Registers Advocates Proctors Apparitors or practising as such Brokers to Merchants Factors and other persons acting by Commission from Merchants All Practicers in Physick and Chirurgery Apothecaries and all other Professions not charged by the last foregoing Clause shall pay 4 s. 4 d. for One Year for every 20 s arising by their Practices or Professions by like Monthly payments of 4 d. per l. VI. All persons having any Estate in Ready Money or in Debts at Interest within or without the Realm or owing upon Mortgages Judgments Statutes Recognizances Bonds Bills Notes or other Securities for Money at Interest except Loans and Debts from his Majesty and Arrears of Rent shall pay 25 s. for One Year for every such 100 l. by Twelve Monthly payments of 2 s. 1 d. for every 100 l. and so proportionably for a greater or lesser Sum a Farthing per l. each Month the first payment to be 25 Febr. 1696. And thenceforth the 25th day of each Kalendary Month deducting only such Debts as are really and bona fide owing from such person or persons at Interest VII All persons using or exercising any Trade Mystery Occupation or business of Merchandising Shopkeeping or other Buying or Selling by wholesale or Retail shall pay 50 s. for One Year for every 100 l. value in Goods Wares Merchandizes Commodities Manufactures or Vendible Stock and proportionably for a greater or lesser Value by Twelve like Kalendary Monthly payments of a Halfpeny for every Pound value or 4 s. 2 d. for every
Five Every Score of Oxen or Neat Cattle Eight Pence and so proportionably for every greater or lesser Number To be paid from the passing of the Act by all persons who shall Travel with Horse Coach Cart or Wagon or shall lead or drive any Oxen or other Cattle beforementioned in and through the High-way aforesaid to the said Collectors or Receivers at some convenient place on the said High-way between the Top of Birdlipp and City of Gloucester where a Turn-pike or Gate may be set up as the Justices shall appoint XXIX Every Receiver or Collector shall if Required give in a weekly Account upon Oath to one or more of the Justices to be returned to the Justices at the Quarter Sessions to Examine and make such Order therein as to them shall seem meet XXX Any person refusing or neglecting to pay the said Toll on Demand the Collector or Receiver may Distrain and Detain such Horse Cart Coach Calash Chariot Wagon Oxen Hogs and other Cattle till the Toll be paid with Damages in making the Distress Which Money so received shall be paid to the Surveyors towards mending the said Ruinous Places in the said High-ways and not elsewhere XXXI The said Surveyors at the Quarter Sessions next after the end of their Year shall give an Account to the Justices of their Receipts and Disbursments that the Overplus of the Money if any may be paid to the succeeding Surveyors towards amending the said High-ways or Repaying the Money Lent before hand And such Allowances shall be made by the Justices to the Surveyors and others assisting in the said amending or advancing Moneys thereto as to them shall seem meet XXXII If the Collector or Receiver shall not duly pay the Surveyors or if the Surveyors shall not make the payments Ordered by the Justices then the Justices at the Quarter Sessions shall enquire thereinto upon Oath and Commit the persons Convicted thereof to Goal till they have made a true Account and Payment XXXIII The said Surveyors for the time being by Order of the Justices or any Five of them may Ingage the Profits arising by the said Toll and by a Levy upon the respective Parishes pursuant to the Act made 3 4 W. M. for the better Repairing and Amending the High-ways and for Settling the Rates of Carriage of Goods or by any other Act for the Moneys by them borrowed for that purpose and may under their Hands and Seals Transfer the said Profits for any Term not exceeding Fifteen Years to such as will upon that Security Advance the Money so Lent with Interest And the Justices shall Distribute the said Money to any persons giving Security to Repair and Amend the said High way in the proportions aforesaid XXXIV Any person without Lawful excuse neglecting or refusing to take upon him the Office of Surveyor being thereunto chosen or to do his Duty therein may be Fined by the Justices not exceeding 5 l. And in such case or in case of Death some other person shall be appointed Surveyor by the Justices or two of them Which Fines and Forfeitures shall be paid to the Surveyors towards Repairing the said High-ways XXXV If a Suit be Commenced for any thing done in pursuance of this Act the Action shall be laid in the County of Gloucester only and the Defendant may Plead the General Issue and give this Act and the Special Matter in Evidence and if the Action be laid elsewhere or the Plaintiff be Non Suit or Discontinue his Action or have Judgment against him upon Demurrer the Defendant shall have Double Costs and Charges XXXVI No person passing where the Toll is taken and returning the same day shall pay a second time and persons passing through the said place from any adjoyning Parish may carry Stones Lime Gravel Dung Mould or Compost and Carts with Hay not sold or going to Market or Corn in the Straw at Hay time or Harvest Ploughs Harrows and other Implements of Husbandry and Stock of Cattle belonging to the Lands of the respective Parishes shall pass the said place without paying as also all Soldiers on their March and the Carts Wagons and Coaches attending them and all persons riding Post XXXVII All persons Chargeable by Law towards Repairing the said High-ways shall still remain so XXXVIII This Act shall not be in Force longer than Twenty Years from 24 Jun. 1698. And if before the Expiration of the said Term the said High-ways shall be sufficiently amended and so adjudged by the Justices at their Quarter Sessions then upon repayment of the Moneys borrowed the said Toll shall cease XXXIX No Turnpike shall be Erected nor Toll Demanded till Security given to the Justices at the Quarter Sessions that the said High-way shall within Five Years be sufficiently Repaired XL. The persons so giving Security shall have full power to Levy for Twenty Years after 24 Jun. 1698. Six Pence in the Pound with the Arrears thereof on all the Parishes adjoyning to the said High-way towards the Repairing thereof and shall cause to be done by the Parishioners within the said Parishes all that is required by the forementioned Act of 3 4 W. M. for the better Repairing the High-ways or by any other Act And if the Toll Granted by this Act with the Sum Charged on the said Parishes be not sufficient to Repair the said High-way within the time limited the persons so giving Security shall Levy and Collect Two Pence in the Pound on the Hundred and Hundreds in which the said High-way or any part thereof doth lye to be Levied by Distress and Sale of Goods if not paid within Ten days after Demand And if the persons so giving Security shall not do what is required of them by this Act they shall forfeit 100 l. per Ann. to such person as shall sue for the same XLI The persons so having given Security in case the said High-way shall not be sufficiently Repaired or Certified so to be by the Justices of the Peace for Herefordshire or Ten of them by the time limited in their Security shall over and above the Sums they shall be bound for Forfeit 500 l. One moiety to the Repairing the said High-way the other to such person as shall Sue for the same XLII The Toll shall not be Demanded by virtue of this Act unless the Security given to the Justices of Peace of Gloucestershire at the Quarter Sessions shall be approved of by Five Justices of Peace for Herefordshire under their Hands and Seals Imprisonment I. STat. 9 W. 3 cap. 4. Enacted That Counter John Bernardi Robert Cassells Robert Meldrum James Chambers and Robert Blackburne being in Newgate for a Traiterous Conspiracy to Assassinate his Majesty together with such other persons as shall hereafter render themselves or be apprehended and against whom Oath shall be made of their being concerned in the said Conspiracy shall be Detained and Kept in Custody without Bail or Mainprize till 1 Jan. 1698. and to the end of the next
and shall not be delivered to the Buyers without Security by Bond in double the value to Export the same within Six Months and not to Import the same into England Scotland or Ireland or His Majesties Dominions in America or elsewhere Which Obligation upon Certificate of the proper Officer and Oath of the Buyer that the said Goods were Exported accordingly and not Landed or intended to be Landed again in any of His Majesties Dominions shall be Vacated But the said Goods not being so Exported the Persons in whose Custody the said Goods shall be found shall be again liable to all the Forfeitures in this or any other Act as if the same had never been seized XII If any Bone-lace c. be seized and carried to any Custom-house as Foreign which the Seizer shall after believe to be English He may take off his Seizure affixing publick notice in Writing at the Custom-house Door and the Guild hall or other most publick place of the quantity and kind so seized And if no other person shall within Ten days after undertake to prosecute for the same it shall be delivered back to the Proprietor Oath being first made by him or some known Person on his behalf that the said Goods are to the best of his knowledge and belief English made and Oath made before some Justice of Peace of the place where and of whom the said Goods were bought who shall certifie the same at the next General Quarter Sessions and the Persons wilfully Forswearing themselves therein shall suffer as for Perjury XIII The Officers of the Customs shall be Aiding in the Execution of this Act and upon conniving at the Importation Delivery or Selling of any such Foreign Bone-lace c. shall forfeit 20 pounds and be ever uncapable of serving his Majesty in any Office XIV The proof that such Bone-lace c. so found or seized was made and Manufactured in England Wales or Berwick shall be only upon the Importer Keeper Seller Retailer Barterer or those in whose Hands or Custody the same shall be found and not upon the Informer Seizer or Prosecutor that they were made beyond Sea XV. The Penalties and Forfeitures incurred by this Act may be recovered over and above any Penalties in any former Act in any the Courts of Record at Westminster and the said Penalties the Prosecutor having been allowed his reasonable Charges shall be one Moiety to the King the other to the Person that will Sue for the same XVI Persons sued for any thing done in pursuance of this Act may plead the General Issue and give this Act and the special matter in Evidence And if a Verdict pass for the Defendant or the Plaintiff discontinue be Nonsuited or have Judgment against him upon Demurrer the Defendant shall have treble Costs XVII All Informations against this Act shall be brought within Twelve Months after the discovery of the Offence XVIII Before any Person shall be admitted to Enter a Claim to any such Goods seized he shall be obliged to give Security by Recognizance before a Baron of the Exchequer in Twenty pounds penalty to pay the Prosecutor full Costs of Suit in case a Verdict shall pass or Judgment be entred for the Plaintiff and in default of such Security in due time the said Goods shall be adjudged forfeited XIX This Act shall not impower any Persons to enter into any House Shop Cellar Ware house or other Room or Place or to break open the same or any Door Chest Trunk or other Package not belonging to a Dealer in Lace XX. Stat. 9 10 W. 3. cap. 17. Enacted That after 24 June 1698. All Bills of Exchange Drawn in or Dated at and from any place in this Kingdom of the Sum of 5 l. Sterling or upwards upon any Person in London or any other Trading City Town or Place in which Bills the value shall be expressed to be received Drawn Payable at a certain time after the Date thereof may after Acceptance in Writing and the expiration of Three days after the same shall be due be protested by a Notary publick or in default of such Notary publick by any other substantial person of the place before Two Witnesses Refusal or Neglect being first made of due payment which Protest shall be made under a Copy of the Bill in the form prescribed by the Act and shall be notified within Fourteen days after to the Party from whom the Bills were received who upon producing such Protest is to Repay the said Bills with Interest and Charges from the Protesting For which Protest there shall not be paid above 6 d And in default of such Protest or due Notice thereof the Person so failing shall be liable to all Costs Damages and Interest thereupon Provided that if any such Inland Bills be lost or miscarry within the time limited for payment of the same the Drawer of the said Bills shall give other Bills of the same tenour Security being given to indempnifie him in case the said Bills so lost or miscarried be found again XXI Stat. 9 10 W. 3. cap. 26. After 24 Jun. 1698. The Royal African Company shall maintain all such Forts and Castles as they now have in their Possession or shall hereafter Purchase or Erect for the preservation of the Trade to Africa And shall supply them with Men Artillery Ammunition and Provision and all other necessaries as occasion shall require XXII Any of the Subjects of this Realm as well as the said Company may after the said 24 June Trade from England and after 1 Aug. 1698 from any of his Majesties Plantations in America to the Coast of Africa between Cape Mount and the Cape of Good Hope the said Company and all others answering a Duty of 10 per Cent. ad Valorem for the Goods and Merchandize Exported thither from England or from his Majesties Plantations in America for maintaining the said Castles and Forts and preserving the said Trade XXIII The Master Owner or Freighter of every Ship intending to Sail or Trade between Cape Mount and the Cape of Good Hope shall at one of the chief Custom houses in England or the Plantations from whence such Ship is to Sail Enter the name of the Master and Ship and the Burthen thereof so Freighted 15 days before clearing thereof And the Owner or Exporter shall there also enter upon Oath the quantity quality and value of the Goods and Merchandize so to be Shipped and Sign such Entry And thereupon pay the said Duty to the Collector or chief Officer of the Custom there who is to demand and receive the same for the use of the said Company And all such Goods and Merchandize Exported from England to the Plantations and thence to Africa shall be valued at no more than what they cost in England XXIV The Collector or other Chief Officer in or near the Ports whence such Ships are to be cleared shall before the clearing thereof administer the Oaths following whereof the Master shall
of the Customs shall knowingly connive at the Importation or Disposing of such Alamodes and Lustrings or if any Persons taking upon them to Seize or Prosecute in pursuance of this or any other Act shall by Collusion desist or delay Prosecution to Condemnation of the said Silks they shall forfeit 500 l. and be incapable of any Office or Imployment LXI Such Persons Convicted for any Offence against this or any other Act relating to Alamodes or Lustrings as shall afterwards offend a second time or oftner shall so often as they offend forfeit double the sum inflicted by this Act. LXII All Persons offending contrary to this or any other Act relating to Alamodes or Lustrings shall be prosecuted in any Action Suit or Information and thereupon a Capias in the first Process specifying the Penalties sued for may Issue and sufficient Bail and Security shall be given by Natural born Subjects or Denizens to answer such Suit and at the time of Appearance sufficient Bail and Security in Court to answer the Penalties in case of Conviction or to suffer Imprisonment LXIII All the Penalties and Forfeitures imposed hereby or by any former Law relating to Alamodes or Lustrings shall be two third parts to his Majesty and one third to the Prosecutor the charge of which Suit shall be born by his Majesty out of his Majesties part of the Forfeitures Which Penalties and Forfeitures shall be recoverable by Action of Debt Bill Plaint or Information in any the Courts of Record at Westminster wherein no Essoign c. shall be allowed nor more than one Imparlance All which Informations or Actions may be laid and tried in such places and with the like proceedings as are used about the Scizing Condemning or Prosecuting any Goods for Non payment of Customs or other Duties or any Persons offending against the Laws relating to the Customs LXIV No claim shall be entred to any such Silks seized as aforesaid till Security given by Recognizance before a Judge to answer the Penalties and Forfeitures with full cosis of Suit where a Verdict shall pass or Judgment be entred for the Plaintiff And in default of such Security within the limited time the Goods to be forfeited and Judgment entred accordingly LXV This Act and every thing therein contained shall be taken to be a general Law and not needful to be set forth in Heading and shall be construed most beneficially for the Prosecutor and for preventing the mischiefs hereby provided against And Persons sued for any thing done by virtue hereof may plead the General Issue and give this Act and the Special matter in Evidence And upon a Verdict for the Defendants or if the Plaintiff Discontinue be Non-suit or suffer Judgment by Demurrer the Defendants shall have treble Costs LXVI All Actions brought by an Informer against this Act shall be Commenced within two years after the offence committed LXVII The Royal Lustring Company having been first Erected by the late King James by Letters Patents bearing date 23 Novemb. 4. Jac. 2. for the Term of 14 years and afterwards by the Letters Patents of his present Majesty and the late Queen of Blessed Memory bearing date 15 Octob. 4 W. M. Incorporated with perpetual Succession for the making and dressing of Alamodes Renforcez and Lustrings in England And having brought the said Manufacture to perfection but by reason of the fraudulent Importation of Alamodes and Lustrings and in contesting with many difficulties and obstructions have not enjoyed the benefit intended them by the said Charter It is Enacted That the foresaid Company and their Successors shall from henceforth be a Body Politick and Corporate by the Name of the Royal Lustring Company and Enjoy all the Privileges and Authorities granted them in the said Charter of Incorporation as fully as if the same were recited in this Act. LXVIII The said Royal Lestring Company and their Successors shall have the sole exercise and benefit of Making Dressing and Lustrating of plain Black Alamodes Renforcez and Lustrings within this Realm for 14 years from 24 Jun. 1698 and from thence to the end of the next Sessions of Parliament any thing to the contrary notwithstanding LXIX The said Company having 17 Bails of Fine Italian Thrown Silk in Amsterdam brought thither over Land before the Conclusion of the Peace and designed to be Imported and used here in the Manufacture of Alamodes and Lustrings but could not be Imported within the time limited by Law It is Enacted That the said Company may Import into this Kingdom the said 17 Bails of Silk before 29 Sept. next paying the legal Duties to his Majesty LXX Stat. 9 10 W. 3. cap. 44. Enacted That there shall be through England and Wales and Town of Berwick upon Tweed Levied and paid to his Majesty his Heirs and Successors for Salt over and above all other Duties already payable these Additional Rates viz. 5 d. per Gallon for all Salt Imported from 1 July 1698. to 25 December 1699. And from 24 December 1699. for ever 7 d. per Gallon and so for a greater or lesser Quantity LXXI For all Salt and Rock-Salt Home made from the said 1 July 1698. to 25 December 1699. 2 d. Half-peny per Gallon and from 24 December 1699. for ever 3 d. Half peny per Gallon subject to the Redemption hereafter mentioned LXXII Which Duties on Foreign Salt shall be paid by the Importer before landing and if Landed before due Entry thereof or before the Duties be paid or a Warrant for the Landing thereof then to be Forfeited and also 10 s. for every Bushel so Landed LXXIII Provided that the Importers of Salt giving Security for payment of these Duties shall have Six Months time for Payment with a Discount after 10 l. per Centum per Aunum for prompt Payment LXXIV The said Duties on Salt to be Managed by the Commissioners of Excile who are to Appoint the necessary Officers and the Penalties and Forfeitures hereby Imposed to be Sued for and Recovered by the same Ways as Directed by the Act 12 Car. 2. For taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and Setling a Revenue on His Majesty in lieu thereof or by any Law now in Force relating to the Excise LXXV All Makers and Proprietors of Salt and Rock-Salt within the Kingdom shall make true Entries with the Officers so appointed and shall have their Warrant gratis for Carrying the same away upon Payment or Security to pay the Duties within Six Months after such Entry with a Discount after 10 l. per Cent. per Annum for Ready Money LXXVI The Officers so Appointed may seize all such Salt as after 1 July 1698 shall be Conveying away before due Entry made or Warrant obtain'd for Conveying thereof And if not Claim'd within Ten Days then to be absolutely Forseited and Sold One Moiety of the Preceed thereof to go to the King the other to the Seizer And if Claim'd without
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
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