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A39473 An exact abridgment of all the statutes of King William and Queen Mary now in force and use / by J. Washington.; Laws, etc. England and Wales.; Washington, Joseph, d. 1694. 1694 (1694) Wing E913; ESTC R23866 210,071 247

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to ply on Sundays XII The Commissioners for the better discovery of Offenders herein shall publish a List or Account of all the particular Numbers of such Hackney-Coaches as shall be appointed for every Lords-Day successively through the Year Fines I. STat. 5 6 W. M. Sess 5. cap. 6. Six shillings and eight pence shall be paid upon signing Judgment to the proper Officer who signeth the same in full satisfaction of the Capiatur Fine and all Fees due for or concerning the same which said Officer shall make an increase to the Plaintiff of so much in his Costs to be taxed against the Defendant Iustices of Peace I. Justices of Peace in Wales limited to eight in each County repealed STat. 5 W. M. Sess 5. cap. 4. Whereas by a Statute made the 34th and 35th of H. 8. Entituled An Act for certain Ordinances in the Kings Majesties Dominion and Principality of Wales there is a Clause contained in these Words viz. That there shall not exceed the number of eight Justices of the Peace in any of the said Shires over and above the President Council and Justices aforesaid and the Kings Attorny and Solicitor which President Council Justices and the Kings Attorny and Solicitor shall be put in every Commission of Peace in every of the said twelve Shires And whereas this Clause is found inconvenient Be it enacted That the said Clause be repealed And that it may be lawful to and for the King and Queen by Commission under the Great Seal to constitute nominate and appoint any such number of Persons to be Justices of Peace in any of the said Counties of Wales as they shall think fitting according to such Ways and Methods as are commonly used for the constituting nominating and appointing of Justices of Peace for any County of England And that the Persons so constituted nominated and appointed shall have power and authority to act and do any thing appertaining to the Office of a Justice of Peace in as large and ample manner as any Justice of Peace within the Dominion of Wales might or ought to have done before the making of this Act any Law c. to the contrary notwithstanding I. Stat. 5 6 W. M. Sess 5. cap. 5. Certiorari to remove Indictment That in Term-time no Certiorari at the Prosecution of any Party indicted shall be granted out of the Court of Kings Bench to remove any Indictment before Trial had and from before the Justices of the General or Quarter Sessions of the Peace unless such Certiorari shall be granted upon Motion of Council and Rule of Court in open Court and that the Parties indicted prosecuting such Certiorari shall find two Manucaptors before one or two Justices of the County in 20 l. to plead to the said Indictment in the Kings Bench and at their own Charges to procure the Issue that shall be joyned upon the said Indictment to be tried at the next Assizes held for the County where the said Indictment was found after such Certiorari shall be returnable if not in London Westminster or Middlesex and if in the said Cities or County then to cause it to be tried the next Term after such Certiorari shall be granted or at the sitting after the said Term if the Kings Bench shall not appoint any other time and if any other time then notice to be given to the Prosecutor and the said Recognizance and Certiorari to be certified into the Kings Bench and there filed and the name of the Prosecutor to be indorsed and if the Party prosecuting such Certiorari being the Defendant shall not before allowance thereof procure such Manucaptors to be bound in a Recognizance the Justices of Peace may try the said Indictment at the said Sessions notwithstanding such Certiorari so delivered II. Costs against Prosecutor of a Certiorari And if the Defendant prosecuting such Certiorari be convicted then the Kings Bench shall give reasonable Costs to the Prosecutor to be taxed according to the course of the said Court and within ten days after demand upon Oath and refusal thereof he shall have an Attachment against the said Defendant by the Court for his Contempt and the Recognizance not to be discharged till the Costs so taxed shall be paid III. Certioraries grantable in vacation Nevertheless in the Vacation Writs of Certiorari may be granted by any of the Justices of the Kings Bench whose Names shall be endorsed and the Name of the Party at whose instance it is granted and before the allowance of such Writ the Party indicted prosecuting such Certiorari shall find such Sureties as before-mentioned in this Act. IV. Certioraries in Cheshire Lancaster and Durham And also upon every Certiorari granted within Chester Lancaster and Durham to remove Indictments as aforesaid the Parties indicted prosecuting such Certiorari shall find Sureties to try the said Indictments at the next Assizes or General Gaol-delivery and if convicted shall be liable to like Costs to be taxed as by this Act provided where the same are granted out of the Kings Bench. V. For repairing High-ways c. Provided if any Indictment be against any Person for not repairing High-ways Cawsies Pavements or Bridges and the Title to repair the same may come in question upon such Suggestion and an Affidavit made thereof a Certiorari may be granted to remove the same into the Kings Bench any Law to the contrary notwithstanding VI. Sureties Provided that the Parties prosecuting such Certiorari shall find two Manucaptors to be bound in a Recognizance with Condition as aforesaid Leases I. Leases of Lands part of the Dutchy of Cornwal STat. 5 6 W. M. Sess 5. cap. 16. All Leases and Grants made by the late King Charles II. or by the late King James or by their present Majesties or to be made within seven years next ensuing by Letters Patents or Indentures under the Great Seal of England or Seal of the Court of Exchequer or Copy of Court-Roll according to the Custom of the respective Manors of the said Dutchy or thereunto annexed of any Offices Messuages Parks Lands Tenements or Hereditaments parcel of the said Dutchy of Cornwal or annexed to the same other than of Honours Lordships or Manors shall be effectual in Law according to the purport of the same Copies Leases and Grants against the present King and Queen their Heirs and Successors and against every Person that shall have or enjoy the said Dutchy by force of any Act of Parliament or by any other Limitation II. Provided For one two or three lives or thirty one years that such Lease be not for more than one two or three Lives or thirty one Years or for some Term determinable upon one two or three Lives and not above And if such Leases be made in Reversion that then the same with the Estate in possession do not exceed three Lives or thirty one Years not dispunishable of Waste
shall be charged upon the Credit of the Exchequer in General and Tallies of Loan and Orders of Repayment levied which Orders shall be assignable LXXXV All Sums of Money so to be borrowed with Interest for the same not exceeding 7 l. per Cent. or so much thereof as shall not be repaid out of the Money that shall be advanced upon the Terms herein mentioned at or after the 24th day of June 1693. and before the 29th of September following all which Moneys to be advanced between the said 24th of June and 29th of September shall be appropriated for the discharging the Loans made upon this Act shall be satisfied to the Lenders out of any of the next Aids to be granted in Parliament and shall be transferrable as soon as such Aid shall be granted And in case no Aid be granted before the 2d of February 1693. the said Sums shall be satisfied out of any of Their Majesties Treasure not already appropriated by Act of Parliament LXXXVI And if the Sum of 500000 l. part of the said Sum of 1000000 l. be not advanced before the 1st of May 1693. Their Majesties may borrow upon Interest as aforesaid any Sum not exceeding 500000 l. to be paid out of such Moneys as shall be advanced upon this Act between the said 1st day of May and the said 29th day of September in case the Money so advanced be sufficient or otherwise so much thereof as the same shall extend to pay and the residue of the said Sum of 500000 l. shall be reckoned as part of the said Sum before directed to be paid out of the next Aids to be granted in Parliament LXXXVII If the whole Sum of 1000000 l. be not advanced before the said 1st day of May any persons after that day and before the 29th of September next following may advance any Sums not exceeding in the whole with what shall have been advanced before the said 1st day of May the Sum of 1000000 l. upon the Terms following viz. That every such Person out of the Duties arising by this Act shall have for every 100 l. a yearly Annuity of 14 l. for his own or any other Life to be by him nominated as aforesaid within 6 days after Payment which Annuities shall commence from the 29th of September 1693. and be paid at the Four most usual Feasts in the year And upon Payment of any such Sums the Persons paying the same shall have one or more Tallies importing the Receipt thereof and Orders for Payment c. to be sign'd as aforesaid and not to be revocable and to be assignable And the Moneys arising by the Duties hereby granted besides so much as shall bear proportion as aforesaid to the Sum which shall be advanced before the 1st day of May 1693. shall be appropriated to the Payment of the said Annuities and not be diverted under the like Penalties as are before appointed in case of misapplying c. The said Officers shall keep Books and make Entries of their Names who shall advance Money after the said 1st day of May and of the Sums advanced and the times of paying in and the Names of the Nominees without Reward to which Books all Persons concern'd shall have access under the Penalties and Disabilities aforesaid and they that shall advance any Sum after the said 1st of May shall have Interest for it till the 29th of Septem 1693. at the rate of 10 l. per Cent. LXXXVIII If any Contributor who shall have advanced any Sum before the said 1st of May shall before the said 29th of September be desirous in lieu of his Share in the Fonds to have an Annuity of 14 l. a year for any Sum of 100 l. by him advanced during the Life of his Nominee a Memorial thereof shall be entred in a Book for that purpose to be kept in the Receipt and the said Entry being sign'd by such Contributor he shall receive such Annuity as if the Moneys by him advanced had been paid in after the 1st day of May And such Contributors Share in the Fonds shall determine for Their Majesties Benefit LXXXIX The Surplus of any Money arising by this Act after the several Proportions of the Fonds and the Annuities and Interest paid shall be to the Use of Their Majesties XC No Moneys lent or payable by Virtue of this Act shall be charged with any Impositions whatsoever XCI Grants or Dispositions of any Money arising by this Act to be made by Their Majesties Their Heirs c. otherwise then by this Act is appointed shall be null and void Frauds I. STat. 3 4 W. M. cap. 14. All Wills concerning Lands or any Rents Profits Term or Charge out of the same whereof the Devisors shall be seiz'd in Fee-simple in Possession Reversion or Remainder or have power to dispose thereof after the 25th day of March 1692. shall be deemed only as against Creditors upon Bonds or other Specialties their Executors c. to be fraudulent and void II. And such Creditors shall have their Actions of Debt against the Heirs at Law and such Devisees joyntly and such Devisees shall be chargeable for a false Plea as any Heir should have been III. Where there shall have been any Devises of Lands for Payment of just Debts or Childrens Portions other then the Heir at Law in pursuance of any Marriage Agreement made in Writing bona fide before such Marriage they shall be in force IV. Where any Heir at Law shall be liable to pay the Debt of his Ancestor in regard of any Lands descending to him and shall make over the same before any Action brought such Heir shall be answerable for such Debts to the Value of the Land made over in which Cases all Creditors shall be preferred as in Actions against Executors and Administrators and Execution upon any Judgment so obtained shall be taken out against such Heir to the Value of the Land as if they were his own Debts saving that Lands bona fide aliened before the Action brought shall not be liable to such Execution V. Where any Action of Debt upon a Specialty is brought against an Heir he may Plead Riens per discent at the time of the Original Writ brought and the Plaintiff may Reply that he had Lands from his Ancestor before the Original Writ brought and if upon Issue joyn'd thereon it be found for the Plaintiff the Jury shall enquire of the Value of the Lands descended and thereupon Judgment shall be given and Execution awarded as aforesaid but if Judgment be given against such Heir by Confession without Confessing the Assets descended or upon demurier or nihil dicit it shall be for the Debt and Damages without any Writ to enquire of the Lands VI. Devisees made liable by this Act shall be Chargeable as the Heir at Law by force of this Act though the Lands Devised be Aliened before the Action brought VII This Act to continue for Three Years and to the End of the then
Arrears thereof and of all Moneys then and before the determination of the said Power in the Hands of the Receiver General or Cashiers of the Customs Excise or Hearth-money and of the Sum of 412925 l. 14 s. 6 d. Granted by an Act of the First Session of the late Parliament Entituled An Act for the Granting a present Aid to Their Majesties and of the Money paid or payable by an Act Entituled An Act for raising Money by a Poll and otherwise towards the Reducing of Ireland and by one other Act Entituled An Act for preventing Doubts and Questions concerning the Collecting the Publick Revenue and by one other Act Entituled An Act for the Grant to Their Majesties of an Aid of 12 d. in the Pound for one Year for the necessary defence of the Realm and of one other Act Entituled An Act for an additional Duty of Excise upon Beer Ale and other Liquors and one other Act For Appropriating certain Duties for paying the States General of the United Provinces their Charges for His Majesties Expedition into the Kingdom and for other Uses and of one other Act of the Second Session of the same Parliament Entituled An Act for preventing all Doubts and Questions concerning the Collecting the Publick Revenue and of one other Act Entituled An Act for a Grant to Their Majesties of an Aid of two Shillings in the Pound for One Year and of one other Act of the same Session Entituled An Act for a Grant to Their Majesties of an additional Aid of 12 d. in the Pound for One Year and of one Act Entituled An Act for Charging and Collecting the Duties upon Coffee Tea and Chocolate at the Custom-house and of one other Act Entituled An Ast for Review of the late Poll granted to Their Majesties and for an additional Poll towards the Reducing of Ireland and by one other Act Entituled An Act for Raising Money by a Poll and otherwise towards the Reducing of Ireland and Prosecuting the War against France and by one other Act Entituled An Act for Granting to Their Majesties for their Lives and the Life of the Survivor of them certain Impositions upon Beer Ale and other Liquors and one other Act Entituled An Act for Granting to Their Majesties a Subsidy of Tonnage and Poundage and other Sums of Money payable upon Merchandizes Exported and Imported and by one other of this Session Entituled An Act for Granting an Aid to Their Majesties of the Sum of 1651702 l. 18 s. and by one other Act Entituled An Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of One Year and by one other Act Entituled An Act for Granting to Their Majesties certain Impositions upon all East-India Goods and Manufactures and upon all wrought Silks and several other Goods and Merchandize to be Imported after the 25th Day of December 1690. and by one other Act Entituled An Act for the continuance of several former Acts therein mentioned for the Laying several Duties upon Wines Vinegar and Tobacco and of all Prizes taken since the said Fifth Day of November and of Money paid for the same to any Person Authorised to receive it or otherwise and of all the Crown-Lands First-fruits and Tenths of the Clergy Wine-licences Fines Forfeitures and of all other Branches of the Revenue and all Publick Money whatsoever that hath arisen since the said Fifth Day of November or shall arise before the determination of the Power hereby Granted and how and by and to whom the same hath been disposed or paid and for taking Accounts of all Their Majesties Stores Provisions and Habiliments of War by Land and Sea and to set down what numbers of Ships Yachts or Boats were on the said Fifth Day of November or at any time since and what Sums of Money Provisions Victuals S●oes c. have been provided or paid since the said Fifth Day of November or shall be provided and paid towards the Payment or Maintenance of the Land Forces in England or Ireland or elsewhere or their Forces by Sea and the numbers of them respectively and towards the Building Repairs or Setting out of any Ships or Navies since the said Fifth Day of November and before the determination of the Power aforesaid II. The Auditor of the Receipt in the Exchequer and the Clerk of the Pells there and all other the Officers of the Exchequer and the Receipt thereof the Secretary and Treasurer at War Muster-master and Pay-master of the Land Forces in England and Ireland all Principal Officers and Commissioners of the Navy and Ordnance all Officers and Keepers of Their Majesties Stores and Yards and all Persons employed as Commissioners in and about the Treasury or the Management Ordering Paying or Receiving of Their Majesties Treasure Revenue Provisions or Stores of War and all Persons whatsoever whom the said Commissioners or any Five of them shall think fit to Examine are hereby required to observe such Orders as they or any Five of them shall by writing under their Hands Direct and Ordain for and touching the taking of the said Accounts III. The said Commissioners to sit in the Inner Court of Wards at Westminster or where they think fit with or without Adjournment and to send their Precepts for Persons Books Papers and Records and to Administer an Oath for the better discovery of the Truth of the Inquiries by them to be made and all Bayliffs Constables Sheriffs and other Officers are hereby required to obey and execute their Precepts and the said Commissioners or any Five of them may Employ such Clerks Messengers and Officers as they think fit and give them an Oath for their faithful Demeanour which Clerks and Officers shall take nothing for their Service but such Salary as the Commissioners shall direct IV. Two of the said Commissioners first named in this Act before they enter upon the Execution thereof shall take an Oath before the Chancellour of the Exchequer or the Master of the Rolls in these words viz. I A. B. do Swear that according to the best of my Skill and Knowledge I shall Faithfully Impartially and Truly demean my self in Examining and Taking the Accounts of all such Sum or Sums of Money and other things brought or to be brought before me in Execution of one Act Entituled An Act for Appointing and Enabling Commissioners to Examine Take and State the Publick Accounts of the Kingdom according to the Tenour and Purport of the said Act. V. And every other of the said Commissioners shall take the said Oath before the said two Commissioners VI. The Lords Commissioners of the Treasury shall cause to be paid such Sums of Money not exceeding 2000 l. to such Persons as the said Commissioners or any Five of them shall direct to be employed in the Payment of Clerks Messengers and other Officers and in defraying other necessary Charges the same to be Accounted for by him to whom it is paid according to the course of the Exchequer and the
Inrolled and had the same allowed by the Court of King's-Bench shall be compelled to Plead the same to any Inquisition returned by any Coroner And if any Corporations Lords of Manors or others have or shall have such Grants from the Crown for Felons Goods Deodands and other Forfeitures they shall not be compelled to enrol their whole Charters or Grants but such part thereof as may express the Grants of such Felons Goods Deodands and Forfeitures and no more for doing whereof the Clerk of the Crown shall receive 20 s. for his Fee and no more and from and after such Enrolment they shall not be compelled to Plead the same to any inquisition II. If any Clerk of the Crown shall hereafter issue out any Process against such Grantees after such Enrolment he shall forfelt for every such Offence to the Party grieved the Sum of 5. l. III. But the Clerk of the Crown shall incur no Penalty mentioned in this Act for issuing Process against any persons who shall not upon every purchase of the Title of such Felons Goods c. Inrol and Plead the said Purchase in the said Court nor against any Devisee who shall not Enrol or Plead such Devise nor against any Heir who shall not Inrol his or her Right by descent and till after such Pleas have been allowed of by the said Court nor where by any Inquest of any Coroner the Goods of any Felon or Felons or Decodands shall not be found to be in the Hands of such Purchaser Devisee or Heir IV. Upon issuing of any Exigent for any Criminal Matter before Conviction there shall issue a Writ of Proclamation bearing the same Teste and Return to the Sheriff of the County City or Town where the persons in the Record of the said Proceedings are mentioned to inhabit according to the form of the Statute made Anno. 31 Eliz. which Writ shall be delivered to the Sheriff Three Months before the return thereof V. This Act to continue for Three years from the 25th Day of March 1693. and to the end of the then next Session of Parliament Customs I. Stat. 1 W. M. Sess 2. cap. 6. After the 29th Day of September 1689. so much of every Act of Parliament as requires the Levying the Duties arising by those Acts by way of Excise upon Coffee Chocolate and Tea shall cease and determine and is hereby Repealed II. And be it farther Enacted that after the 25th Day of December 1689. the Duties and Charges hereafter mentioned shall be Collected and Received at the Custom-house upon Coffee-berries Tea in the Leaf and Cacao-nuts and upon Chocolate ready made and according to the Proportions herein after mentioned besides what is now payable for the same at the Custom house viz. Upon every 100 Weight of Coffee Imported containing One hundred and twelve pound 5 l. 12 s. Upon every 100 Weight of Cacao Nuts containing as aforesaid 8 l. 8 s. Upon every pound weight of Tea 5 s. and upon every pound Weight of Chocolate 5 s. and so proportionably III. If any of the said Commodities shall be unshipt or laid on Land the Duties not paid or lawfully tendred to the Collector or his Deputy with the consent and agreement of the Comtroller and Surveyor there nor agreed with for the same in the Custom-house they shall be forfeited the one Moiety to Their Majesties the other to the Informer This Act to continue for Five years and no longer IV. Merchants and others having paid the Duties and Impositions by this Act appointed who shall within Six Months after Importation again transport the said Goods or any part thereof shall be repaid Two thirds of the Duties by them paid of so much of the said Goods as they shall export V. It shall be lawful to Import Nutmegs Cinnamon Cloves and Mace in any English Ships One third part of the Mariners whereof to be English from any parts beyond the Seas paying double the Sums the same are charged with in the Book of Rates so as notice be first given to the Commissioners or Farmers of the Customs of the Quality and Quantity thereof with the Name of the Ship and Master and the place where they intend to Import the same and taking a Licence under their Hands or of any Three of them for the Lading and Importing thereof as aforesaid which Licence shall be given without Fee or Reward I. Stat. 1. W. M. Sess 1. cap. 4. The Commons assembled in Parliament do hereby Give and Grant to your Majesties the Subsidy of Tonnage and Poundage and other Sums of Money Granted to the late K. Charles 2. in the Twelfth year of his Reign by an Act Entituled A Subsidy granted to the King of Tonnage and Poundage c. according to the Rates therein mention'd and the Rules and Orders thereunto annexed other then such concerning which it is otherwise provided by any Act made in the last Parliament and pray that it may be Enacted and be it Enacted that the said Subsidy and other Sums of Money be paid to Their Majesties for Four years from the 24th Day of December 1690. and that the aforesaid Act and an Order of the House of Commons made in pursuance of the Rules and Orders annexed thereunto for settling Officers Fees Dated the 17 of May 1662. ans Signed by Sir Edward Turnor then Speaker shall be of force during the said Four years VII An Act made in the 12th year of the said K. Charles 2. Entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Susidies and an Act made in the 14th year of his Reign Entituled An Act for preventing Frands and regulating Abuses in His Majesties Customs and an Act made in the 22d year of His Reign Entituled An Act for Improvement of Tillage and the breed of Battel and another Act made in the 25th year of His Reign Entituled An Act for taking off Aliens Duties upon Commodities of the Growth Product and Manufacture of the Nation and another Act made in the said 25th year of his Reign Entituled An Act for the encouragement of the Greenland and East-land Trades and for the better securing the Plantation Trade and one other Act made in the First year of the late King James 2. Entituled An additional Act for the Improvement of Tillage shall be in force during the said Term of Four years VIII Nothing herein shall be Construed to determine any Clauses in the said Acts which were intended to be perpetual IX It shall be lawful for any persons to advance upon the Credit of this Act any Sums of Money not exceeding 500000 l. in the whole at the Interest for such Money as shall be lent before the 10th of June 1690. of 8 l. per Cent. and for Money lent after 7 l. per Cent. X. After the First Day of Novemb. 1690. during the continuance of this Act there shall be continued within London an Office for the Receipt of the Subsidies and other Sums hereby
required to make upon the Information of One Credible Witness upon Oath the Moiety of such Forfeiture to the Informer the other to go towards the Repairing of the High-ways and in such case the Justices shall nominate some other fit Persons to perform the Office who shall upon like notice take upon them the Office under the same Penalty And Constables Headboroughs c. or some of them who shall not return such Lists of Names every one of them so neglecting shall forfeit 20 s. to be levied in the manner and imployed to the Uses aforesaid III. No Persons shall lay in any High-way not 20 Foot broad any matter whereby the same may be obstructed or annoyed on pain to forfeit 5 s. to be levied and disposed as aforesaid IV. If any Timber Stone Hay Straw Stubble or other Matter for making Dung or on any other Pre●ence shall be laid in any such High-way the Possessors of the Lands next adjoyning shall remove and dispose of the same to their own Use And if they neglect to clear the way or to cleanse their Ditches c. adjoyning thereunto or to cause the earth taken thereout to be carried away and to lay sufficient Trunks or Bridges where there are Cart-ways into the said Grounds by the space of Ten days after notice given by any of the Surveyors they shall sorfeit 5 s. for every such Offence to be levied and disposed as aforesaid V. No tree Bush or Shrub shall be permitted to grow in any High way not 20 Foot-broad but shall be cut down by the Owner of the Land where it stands within Ten days after notice given by any of the Surveyors on pain to forfeit 5 s. to be levied and disposed as aforesaid VI. The Possessors of Lands adjoyning to High-ways not 20 Foot broad shall keep their Hedges pruned right up from the Roots VII Surveyors appointed as aforesaid shall within Fourteen days after their Acceptance of this Office and so from time to time every Four Months view the Roads Water-courses Bridges Cawseys c. within the Parish c. where he is a Surveyor that are to be repair'd by the Parish c. and present upon Oath in what Condition they find them to some Justice of Peace or to incur the same Penalty as if they had refused to execute the Office unless they have some reasonable Excuse to be allowed of by Two Justices of the Peace And what Defaults they shall find they shall the next Sunday after Sermon ended give publick notice of in the Parish-Church and if the same be not amended within Thirty days after such Surveyors shall within Thirty days amend the same and dispose of the Annoyances for the Repair of the High-ways and shall be reimbursed their Charges by the party who should have done the same And in case of refusal by the Party to pay such Charges the Surveyors shall apply themselves to a Justice of Peace and upon Oath before him made of notice to the Defaulter given as aforesaid the Surveyors shall be repaid such Charges as the Justice of Peace shall think reasonable to be levied as aforesaid VIII The Justices of Peace shall once in Four Months hold a Special Sessions and summon thereunto all the Surveyors of the High-ways and declare to them what they are obliged to do by Virtue of this or any former Act After which the Surveyors shall make a Presentment to them upon Oath of the state of the High-ways within their respective Parishes c. and what Offences and Neglects any are guilty of And before any Surveyor be discharged of his Office he shall at some such Special Sessions give an Account upon Oath of all Money that has come to his hands which ought to be imployed in amending the High-ways and how it has been disposed and if any remain in his hands he shall deliver it to the next Surveyors or in case of Failure shall forfeit double the Value to be levied and disposed as aforesaid IX Surveyors neglecting their Duty in any thing required by this Act shall forseit for every Ofence 40 s. to be levied and disposed as aforesaid X. If any Justice of Peace shall neglect or refuse to do what this Act requires he shall forfeit 5 l. one Moiety to the Prosecutor the other to be imployed for the Amendment of the High-ways where the Person who sues shall inhabit to be recovered in any of Their Majesties Courts of Record by Action of Debt c. XI Surveyors of the High-ways where the Ditches and Drains already made are not sufficient to carry off the water may make new ones through the Lands adjoyning and keep them open and come upon the Grounds with Workmen for so doing XII Upon notice given by the Surveyors to the Justices at their Special Sessions and Oath made of what Sums they have expended in Repairing the High-ways the Justices or any Two of them may by Warrant cause an equal Rate to be made to reimburse them where they are forced to lay out their Money according to the Methods prescribed in an Act made the 43 of Eliz. Entituled An Act for the better Relief of the Poor of this Ringdom and if any refuse to pay what shall be assessed on him the Surveyors shall levy the same by Distress or Sale of Goods XIII No Fine Issue Penalty or Forfeiture for not amending High-ways shall be returned into the Exchequer or other Court but shall be levied into the hands of the Surveyors to be applied towards the Amendment of such High-ways And if any such Fine c. imposed on any Parish c. for not repairing the High-ways shall be levied on one or more of the Inhabitants upon Complaint to the Justices of the Peace at their Special Sessions they or any two of them may by Warrant cause a Rate to be made to reimburse them which the Surveyors shall levy and pay within a Month after the making thereof XIV The Surveyors shall make every Cart-way leading to any Market-Town Eight Foot wide at least and as near as may be level XV. Inhabitants within the Weekly Bills of Mortality Brewers Scavengers and others imployed in carrying away the Dirt and Soil of the Streets c. may use any Cart Carr or Dray with Wheels shod with Iron and narrower then 6 Inches in the Fellies and drawn with more then Two Horses any Act Law or Usage to the contrary notwithstanding XVI Where the Justices of Peace at their General Quarter-Sessions shall be satisfied that the High-ways c. cannot be sufficiently amended without the help of this Act Assessments upon Persons usually rateable to the Poor shall be made and levied by such Persons and in such manner as the Justices at such Sessions shall direct and appoint the Money to be raised to be imployed according to their Orders for repairing the High-ways c. The said Assessments if not paid within Ten days after Demand to be levied by Distress and Sale of Goods rendring the
custody or stood upon Bail on the said 13th day of February shall be proceeded against as if the said Crimes had been committed before the said 11th day of December and all Persons for any Matter arisen since the said 11th day of December and before the said 13th day of February shall be liable to any Action and it shall be sufficient in all Indictments and Informations for any such Crimes and in all Actions and Declarations for any such Cause to alledge the Year of our Lord instead of the Year of the King and in such Indictments Informations or Actions wherein Conclusions used to be contra Pacem Domini Regis to conclude contra Pacem Regni and Indictments for Felonies committed within that time shall be good having the words contra Pacem Regni though the words Domini Regis Coronam Dignitatem be omitted X. Recognizances Statutes and Obligations made since the said 11th day of December and before the said 13th day of February in the Name of and to the late King James II. shall be good and may be sued in their Majesties Names and all Persons who were bound by Recognizance to the said late King to appear in the Court of Kings Bench at any time in Hill Term or at the next Assizes Oyer and Terminer General Gaol-delivery or of the Peace shall be obliged to appear in the said Court of Kings Bench on the first day of Easter-Term 1689. and at the next Assizes Sessions of Oyer and Terminer c. under the Penalty of forfeiting the said Recognizance c. XI Writs and Process issuing out of any of the Courts of Westminster as of Mich. Term 1688. that have been executed before they were returnable and all Bills Plaints Judgments and Proceedings in any Inferior Court and Executions thereupon since the said 11th day of December and before the said 13th day of February shall be good as if the said late King had continued so XII Bail Bonds taken by Sheriffs c. though not lawfully qualified since the first day of November 1687. and Recognizances of Bail taken since the said 11th day of December before any Person who upon the first day of December last was Justice of the Kings Bench Common Pleas or Baron of the Exchequer shall be good and may be inroll'd in Easter-Term 1689. and all Commitments to prison on any Writ or Process by the said Judges since the said 11th day of December shall be good in Law XIII No part of the time from the 10th of December 1688. until the 12th of March 1688. shall be accounted as part of the six months from the time of the avoidance of any Church in which any Person is bound to bring his darrein Presentment or Quare impedit or as any part of the time in which any Person by virtue of any Statute of Limitation ought to bring his Action Iudgments I. Stat. 4 5 W. M. cap. 20. The Clerk of the Essoins of the Court of Common Pleas every Clerk of the Doggets of the Court of Kings Bench and the Master of the Office of Pleas in the Exchequer shall before the end of every Easter-Term put into an Alphabetical Dogget by the Defendants Names a particular of all Judgments for Debt by Confession non sum Informatus or nihil dicit entred in the said respective Courts of the Term of St. Hillary preceding containing the Names of the Plaintiffs and Defendants their Places of Abode Title Trade or Profession if any such be in the Record and the Debt Damages and Costs recovered thereby and where the Actions were laid and the Number-roll of the Entry thereof and every Clerk of the Judgments and other Clerk of the Courts of Common Pleas and Kings Bench shall within ten days before the said time bring to the Clerks of the Doggets Notes in Writing of all the Judgments by them entred of the said Term of St. Hillary upon Verdicts Writs of Enquiry Demurrer and every other Judgment for Debt or Damages in all things as aforesaid and that the Clerk of the Judgments and every other Clerk of the Exchequer shall within the time aforesaid bring unto the Master of the Office or Pleas the like Note in Writing of all the like Judgments by him entred to the end they may be respectively entred and the respective Officers and Clerks shall before the last day of the Term of St. Michael make the like Doggets containing all Judgments of the Terms of Easter and Trinity in all things as aforesaid and before the last day of every Hillary-Term the like Doggets of Judgments in Michaelmass-Term The said Doggets to be kept in Books in Parchment to be searched and viewed by all Persons at reasonable times paying for every Terms search 4 d. and no more on pain that every Clerk of the Essoins of the Court of Common Pleas Clerk of the Doggets of the Kings Bench and Master of the Office of Pleas in the Exchequer and every Clerk before-mentioned shall for every Term in which he shall neglect his Duty forfeit 100 l. one moiety to the Party grieved and the other moiety to the Prosecutor II. No Judgment not doggetted as aforesaid shall affect any Lands as to Purchasers or Mortgagees or have any preference against Heirs Executors or Administrators in the administration of their Ancestors Testators or Intestates Estates III. The Plaintiffs in every of the said Judgments shall pay to the Clerks of the Judgments for every Judgment entring 4 d. over and above the Fees now due IV. This Act to continue for one year from the 25th day of March 1693. and from thence to the end of the next Session of Parliament King and Queen I. STat. 2 W. M. Sess 1. cap. 1. The Lords and Commons publish declare and enact in Parliament that they do recognize and acknowledge that their Majesties are and of Right ought to be by the Laws of this Realm their Soveraign Liege Lord and Lady King and Queen of England France and Ireland c. in and to whose Princely Persons the Royal State Crown and Dignity of the said Realms with all Honors Prerogatives c. are fully rightfully and entirely invested incorporated united and annexed II. All and singular the Acts made in the Parliament assembled the 13th day of Febr. 1688. were and are the Laws and Statutes of this Kingdom and as such ought to be reputed taken and obeyed Leather I. STat. 1. W. M. Sess 1. cap. 23. Whereas an Act made in the 20th year of King Charles II. Entituled An Act for giving liberty to buy and export Leather and Skins tanned or dressed was revived by another Act made in the first year of the Reign of the late King James II. Entituled An Act for reviving a former Act for exporting Leather which Act will expire at the end of this Sessions Be it enacted that the said two Acts be revived and continue in force from the end of this Session of Parliament for seven
years and from thence to the end of the Session of Parliament then next ensuing II. Stat. 1 W. M. Sess 1. cap. 33. Every Hide Skin or Piece of tanned Leather shaved or liquored and well curried according to the Statute of 1 Jac. 1. shall be adjudged to be the made Ware and Manufacture of the Currier and subject to the view search and seizure of the Master of the several Mysteries of the Cordwainers Curriers Girdlers and Sadlers of the City of London or the major part of them as by the said Statute is provided and shall be liable to be seiz'd and subject to the same Penalties as other Wares insufficiently made of tanned Leather are liable and subject by the said Statute III. Nothing in this Act shall give any Power to the Master and Wardens of the Company of Curriers to search or seize any Leather Hide or Skin but such as shall be curried in London or within three Miles thereof by some Members of their own Company nor in any other Place but the open Market-place or in the Shops Houses or Ware-houses of such Curriers IV. All Persons whatsoever dealing or working in Leather may buy all sorts of Red tann'd Leather in any open Fair or Market curried or uncurried the same being first search't and seal'd according to Law and may sell the same again in their Shops or convert it into other made Ware V. Any Persons may buy or sell Leather Hides or Skins by weight London I. Stat. 2 W. M. Sess 1. cap. 8. Whereas a Judgment was given in the Kings Bench in Trinity-Term in the 35th Year of King Charles II. in a Quo Warranto against the Mayor and Commonalty and Citizens of London that the Franchise of the said City should be seiz'd into the Kings Hands as forfeited which Proceedings were illegal and arbitrary Be it enacted That the said Judgment and every other Judgment given or recorded in the said Court for seizing the Franchise of the said City into the Kings Hands be revers'd and made void and Vacats entred upon the Rolls II. The Mayor Commonalty and Citizens of London to remain a Body Politick by the Name of Mayor and Commonalty and Citizens of the City of London c. without any Seizure or Forejudger of the said Franchise c. upon pretence of any Forfeiture or Misdemeanor done or to be done and to have and enjoy all their Rights Charters c. which they lawfully had at the time of the recording or giving the said Judgment III. All Charters Letters Patents c. for incorporating the Citizens and Commonalty of the said City or any of them and all Charters c. concerning any of their Liberties c. Lands and Tenements c. Rights Title or Estates made since the said Judgment by the late King Charles II. or King James II. are hereby declared void IV. Yet no Recoveries Verdicts Judgments Statutes Recognizances Inquisitions Indictments Presentments Informations Decrees Sentences Executions nor any Plaints Process or Proceedings in Law or Equity had in any Court within the said City or Liberties thereof since the said Judgment shall be avoided for want of any legal Power in such as acted as Judges or Officers belonging to the same V. This Act shall not extend to discharge any Persons from any Penalties for not duly qualifying themselves to act upon such Charters Grants or Commissions VI. All Officers and Ministers of the City that rightfully held any Office or Place therein or in Southwark when such Judgment was given are hereby confirmed as fully as they held them then except such as have voluntarily surrendred or been removed for just cause and Persons admitted since the said Judgment into any Office or Employment within the said City upon the death surrender or removal as aforesaid of the former Officers are hereby confirmed as if they had been admitted therein according to ancient Custom VII Leases and Grants of Lands and other things before the said Judgment belonging to the City made since the said Judgment by the said late King Charles II. or King James II. or any taking upon them to be Trustees for the City upon pretence of any Commission from either of the said late Kings being made for a just and valuable consideration and whereupon the accustom'd yearly Rent or more hath been reserved shall be good upon the Terms therein contained and the Commonalty and Citizens shall have all benefit and advantage thereof VIII All Judgments Decrees and Sentences obtain'd by any Persons taking upon them to be Trustees as aforesaid concerning any Interests belonging to the City shall stand in force and be prosecuted and executed by and to the use of the City and all Persons natural-born Subjects or Denizens that have been admitted into the Freedom of the City since the said Judgment shall be free thereof as if admitted before IX The present Mayor Sheriffs Chamberlain and Common Council shall continue till new Elections and the Persons to be elected sworn the Election of a Mayor Sheriffs and Chamberlain to be on the 26th day of May 1690 and of the Common Council on the 10th day of June 1690. Persons so elected to continue till the usual time of electing such Officers according to usage and from thence to continue for the year ensuing X. If the Mayor Sheriffs Chamberlain and Common Council shall not be elected as aforesaid the Mayor Sheriffs Chamberlain and Common Council which were in being at the time of the said Judgment shall be and continue in those respective Offices till new Elections be made according to ancient usage XI All Persons so to be restored and continued shall take the Oaths appointed by an Act made in the first year of their Majesties Reign Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths the next Term after such restitution under the Penalties and Disabilities in the said Act provided XII The Mayor Sheriffs and Chamberlain so to be elected shall be sworn in usual manner on or before the 20th day of June next XIII The several Companies and Corporations of the City shall stand and be incorporated by such Names and in such manner as they were at the time of such Judgment given and are hereby restored to the Lands c. Rights and Liberties which they lawfully had then And all Surrenders and Charters for new incorporating any of them and concerning any of their Liberties granted by either of the said late Kings since the said Judgment shall be void but no Person shall be prosecuted for any thing by him lawfully done in pursuance of such Charters c. XIV Provided that all Leases Terms and Estates granted by any of the said Companies since the said Judgment for just and valuable considerations and whereupon the accustomed yearly Rents or more are reserved shall be of force as if they had been granted by the said several Companies as hereby restored and the said Companies shall have all
and reserving the ancient Rent or such as hath been paid for the greater part of twenty years next before the Year 1660. to those that have the Inheritance or else a reasonable Rent not being under the twentieth part of the clear yearly value III. All Covenants Covenants good against them to whom the Interest shall afterward come Conditions and Agreements in every Lease made as aforesaid shall be good in Law according to the contents of the same not only against them to whom the Reversion of the said Lands shall come but against them to whom the Interest of the said Leases shall come as if their Majesties at the making such Covenants and Conditions were actually seized in Fee-simple of the same IV. Saving to all Persons and Bodies Politick Saving of Rights their Heirs and Successors saving the King and Queen and their Heirs the Dukes of Cornwal for the time being and their Heirs or whosoever shall enjoy the Dukedom by force of any Act of Parliament all such Rights and Demands whatsoever of in to or out of the said Offices or Lands or any of them as they had before the making this Act any thing herein notwithstanding V. Fees for passing Leases The Fees and Charges to be paid for passing and perfecting Leases of Tenements of small value where the Fine or Value of such Lease or Grant to be made or renewed shall not exceed 80 l. shall not exceed the Sum of 10 l. for every Lease and 4 l. for every Copy besides the said Fine or Value the said 10 l. and 4 l. to be divided among the Officers of the Exchequer imployed for the preparing and passing such Lease or Grant and if any Officer exceed the same he shall forfeit to the Party grieved so much as is exceeded by this Act and also 20 l. one moiety whereof shall be forfeited to the King and the other to the Party grieved Militia I. STat. 5 6 W. M. Sess 5. cap. 13. An Act for raising the Militia of this Kingdom for the year 1694. although the Months Pay formerly advanced be not repaid Mines I. Lawful to dig in Mines notwithstanding pretended to be Royal. Stat. 5 W. M. Sess 5. cap. 6. All Persons Subjects of the Crown of England Bodies Politick or Corporate having or that shall have any Mine or Mines within the Kingdom of England or Wales wherein any Ore now is or shall be discovered or wrought in which there is Copper Tin Iron or Lead shall and may enjoy the same Mine or Mines and Ore and dig and work the said Mine or Mines or Ore notwithstanding they shall be pretended or claimed to be a Royal Mine or Mines II. Rates to be paid for Ore where Mines are pretended to be Royal Provided that their Majesties their Heirs and Successors and all claiming any Royal Mines under them may have the Ore of such Mines in any part of England or Wales other than in the Counties of Devon and Cornwal paying to the Owners of the said Mines wherein such Ore is or shall be found within thirty days after the said Ore is or shall be laid upon the Banks of the said Mines and before the same be removed thence the Rates following viz. For all Ore washt made clean and merchantable wherein is Copper 16 l. per Tun For all Ore washt made clean and merchantable wherein is Tin 40 s. per Tun And for all Ore washt made clean and merchantable wherein is Iron 40 s. per Tun And for all Ore washt made clean and merchantable wherein is Lead 9 l. per Tun and in default of payment of such respective Sums as aforesaid it shall be lawful for the Owners of the said Mines wherein such Ore shall be found to dispose of the said Ore to their own uses Orphans I. STat. 5 6 W. M. Sess 5. cap. 4. Perpetual Fond to pay the Interest of 4 l. per Gent. unto Dec. 25th 1693. From the time first due to Dec. 25th 1683 at 5 l. per Cent. And from thence to Dec. 25th 1693. at 3 l. per Cent. 4 l. per Cent. from the 25th of Dec. 1655 to the 25 of Dec. 1693 and so proportionably The City Lands c. excepting the Revenues of the Hospitals and Repairs of London-Bridge for ever chargeable after the 24th of June 1694. for raising the Annual Sum of 8000 l. It is enacted That for the raising a perpetual Fond to pay the yearly Interest of four pounds for every hundred pound principal Mony and of all the Interest thereof due to any Orphan of the City or the Executors Administrators or Assigns of such Orphan unto the 25th day of December 1693. The Interest to be computed from the time first payable unto the 25th day of December 1683. at five pounds for the Interest of every hundred pounds for one year And from that time to the 25th day of December 1693. at three pounds and so proportionably for any greater or lesser Sum the Interest already received for such principal Mony to be deducted and to pay the like yearly Interest of four pounds for every hundred pounds of the principal Mony and Interest thereof to be computed as aforesaid due upon Bond Bill or Note liable to pay Interest between the 25th day of December 1655. and the same day of December 1693. or any other the Creditor of the same City or the Executors Administrators or Assigns of such Creditor on the said 25th day of December 1693. from the Chamber of the said City or from the Mayor Commonalty or Citizens thereof and so proportionably for any greater or lesser Sum the Manners Messuages Lands Markets and Fairs and other the Hereditaments and Revenues belonging to the same City in possession or reversion and the Improvements that shall be made thereof except such the Lands and Revenues belonging to the Hospitals of the same City or Borough of Southwark or such as are chargeable with the Repairs of London Bridge shall be yearly charged for ever after the 24th day of June 1694. for the raising the Annual Sum of eight thousand pounds to be appropriated for the raising such a perpetual Fond and be applied as aforesaid II. The Aqueducts belonging to the City The City Aqueducts liable and their Rents except the Profits of such Water as shall be for the Supply of the publick Conduits Hospitals Halls and Prisons shall be for ever appropriated and applied towards payment of the said Interest III. 2000 l. annually out of Personal Estates And for the raising such a perpertual Fond the Common Council may every year raise and assess the Sum of two thousand pounds upon the Personal Estates of the several Inhabitants within the City and Liberties and to distrain for default of payment IV. Leases of the Convex Lights for 21 years from June 24th 1694 600 l. per ann The City may Lease to the Persons concerned in the Convex Lights the sole use of
every Person and Persons Bodies Politick and Corporate Guilds and Fraternities having any Estate in ready Monies or in any Debts owing to them within this Realm or without or having any Estate in Goods Wares Merchandizes or other Chattels or Personal Estate within this Realm or without belonging to or in trust for them except out of the Premises such Monies as he or they do bona fide owe and such Debts owing to them as shall be adjudged desperate by the Commissioners appointed by this Act and also the Stock upon Lands and such Goods as are used for Houshold-stuff shall pay unto their Majesties 4 s in the Pound according to the true yearly value thereof for one year viz. for every 100 l. of such ready Mony and Debts and for every 100. l. worth of such Goods Wares Merchandizes or other Chattels or other Personal Estate the Sum of 24 s. and so after that rate for every greater or lesser Sum or quantity II. All and every Person and Persons All publick Officers their Agents except Officers in the Army to pay 4 s. in the Pound Commissioner or Commissioners having or exercising any Publick Office or Employment of Profit such Military Officers who are or shall be in Muster by the Muster-Master General of the Army or in Pay in their Majesties Army or Navy in respect of such Offices only excepted other than Governors Deputy or Lieutenant-Governors of any of their Majesties Garrisons Forts or Castles for their Salaries or Pay for the same Governments And also except such Persons in their Majesties Ordnance whose Salaries do not exceed 100 l. per Ann. and all and every their Agents Clerks Secondaries Substitutes and other inferiour Ministers whatsoever shall pay unto their Majesties the Sum of 4 s. for every 20 s. which he or they receive in one year by virtue of any Salaries Gratuity Bounty-mony Reward Fees or Profits to him or them accruing by reason or occasion of their several Offices or Imployments III. All real Estates chargeable as aforesaid All Manors Messuages Lands and Tenements as also Quarries Mines of Coal Tin or Lead Copper Mundick-Iron or other Mines Iron-works Salt-springs and Salt-works all Allom Mines or Works all Parks Chases Warrens Woods Under-woods Coppices and all Fishings Tithes Tolls Annuities and all other yearly Profits and Hereditaments of what nature or kind soever they be as well within ancient Demesn and other Liberties and priviledged Places as without shall be charged at 4 s. for every 20 s. by the year which the said Manors Messuages Lands Tenements Hereditaments and other the Premises are now worth to be leased if the same were truly and bona fide leased or demised at a Rack Rent and according to the full true yearly value thereof without any respect had to the present Rents reserved for the same if such Rents have been reserved upon such Leases or Estates made for which any Fine or Income hath been paid or secured or have been lessened or abated upon consideration of Mony laid out or to be laid out in Improvements and without any respect had to any former Rates or Taxes thereupon imposed or making any abatement in respect of Reparations Taxes Parish-Duties or any other Charges whatsoever To be paid quarterly to be paid by four quarterly Payments the first thereof to be made upon the 26th of March which shall be in the year 1694. IV. Deductions to be allowed And whereas many of the Manors Messuages Lands Tenements Tithes Hereditaments and Premisses intended by this Act to be charged with the Pound Rates as aforesaid stand incumbred with or are subject and liable to the payment of several Rent-charges or Annuities issuing out of the same or to the payment of divers Fee-farm Rents Rent-service or other Rents thereupon reserved or charged by reason whereof the true Owners of such Manors c. do not receive to their own use the true yearly value of the same for which nevertheless they are by this Act charged It is therefore hereby enacted That it shall be lawful for the Landlords and Proprietors of such Manors c. as are charged with the Pound Rate as aforesaid to deduct and keep in their Hands 4 s. in the Pound for every Fee-farm Rent c. charged upon or issuing out of the Premises or any part thereof And all Persons who are intituled to such Rents c. are hereby required to allow such Deductions upon receipt of the residue of such Monies as shall be due to them for such Rents or Annual Payments reserved as aforesaid V. Commissioners to make Assessors who are to return the Names of Persons and value of their Estates As also Collectors Penalty of neglect or refusal The Commissioners after their general Meeting and Charge given shall issue their Warrants to two at the least of the most sufficient Inhabitants of each Parish or Township within the respective Divisions requiring them to be Assessors of every the Rates and Duties by this Act imposed and shall prefix a certain day and place for the Assessors to appear before them and to bring in their Certificates in Writing of the Names and Sirnames of every Person dwelling within the Limits of those Places with which they shall be charged and of the value of every of them in ready Mony Debts Goods Chattels or other Personal Estate except before excepted or in publick Offices or Imployments And the same Assessors are also hereby required to inform themselves by all lawful ways of the full yearly value of all Manors Messuages Lands and Tenements as also of all Quarries Mines of Coal Tin or Lead Copper Mundick or other Mines Iron-works Salt-springs and Salt-works Allom-mines and Works Parks Chases Warrens Woods Under-woods and Coppices and all Fishings Tithes Tolls Annuities and other yearly Profits And of all Hereditaments of what nature soever lying or being in the Limits with which they shall be charged And being so thereof ascertained they are to assess the said Manors Lands and Premises before appointed to be charged after the rate of 4 s. for every 20 s. of the full yearly value as aforesaid and to bring with them a Certificate in Writing of their said Assessment And shall then also return the Names of two or more able Persons living within the Limits of those Parishes or Places where they shall be chargeable to be Collectors of the Monies to be paid to their Majesties by this Act for whose paying to the Head-Collector such Monies as they shall be chargeable withal the Parish wherein they are so imployed shall be answerable Penalty of Assessors for neglecting their Duty And if any of the Assessors as aforesaid appointed refuse to serve or make default at the time appointed for his Appearance not having a lawfull excuse to be witnessed by the Oaths of two credible Witnesses which two or more of the said Commissioners have power to administer or shall not perform his Duty every such Assessor
shall for so neglecting or refusing forfeit to their Majesties such Sum as the said Commissioners or the major part of them shall think fit not exceeding 20 l. nor under 10 l. to be levied by distress and sale of the Offenders Goods and Chattels in like manner as is appointed for levying the several Rates herein mentioned in case of refusal of payment And every Assessor as afore appointed before he take upon him the execution of the said Employment shall take the Oaths required to be taken in an Act made in the first Year of their Majesties Reign Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths Oath to be taken and also take the Oath following You shall swear well and truly to execute the Duty of an Assessor and to cause the Rates and Duties imposed by an Act Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one year for carrying on a vigorous War against France to be duly and impartially assessed according to the best of your skill and knowledge and therein you shall spare no Person for Favour or Affection nor any Person grieve for Hatred or Ill-will So help you God VI. Certificates to be return'd to the Commissioners by the 5th of March 1693. The Rates and Assessments upon all ready Monies Debts Goods Chattels Personal Estates and Publick Offices and Employments of Profit charged by this Act shall be ascertained and the Certificates thereof returned to the Commissioners upon or before the 5th of March 1693. unless the Commissioners shall think fit to give farther time And also the Assessments of 4 s. in the Pound of the yearly value of all Manors Messuages Tenements Hereditaments and Premises charged by this Act shall be ascertained and the Certificates returned in to the Commissioners on or upon the 5th day of March aforesaid unless the Commissioners shall think fit to give farther time and upon return of such Certificate any three or more of the Commissioners may examine the Presenters thereof if they see cause Commissioners to examine suspected Returns And if at the return of the Certificates or within twenty days after they shall have cause to suspect that any Person or any Manors Lands or other the Premises which ought to be charged is omitted or that any Person is of a greater Estate or any the Lands or other Premises are of greater yearly value the said Commissioners or any three of them may summon such Person or the Owners of such Manors or other Premises to appear before them and if they neglect to appear not having a reasonable excuse every Person so making default Penalty of the Persons not appearing shall pay to their Majesties double the Sum he should have been rated at And the said Commissioners or the major part of them shall have power to examine into the Estate of such person and the value of such Premises chargeable by this Act and to set such Rates thereon as shall be chargeable by this Act. VII And the said Commissioners Collecting the Duty at 4 quarterly Payments and when to begin or any two of them shall issue out their Warrants for the collecting the Rates and Assessments in respect of the Personal Estates Offices and Imployments and also of the Pound Rate to be charged upon Lands Tenements and other the Premisses as aforesaid at four quarterly Payments the first to be on the 26th of March 1694. or within twenty days after paid into their Majesties Exchequer The second Payment by the 20th day of June next ensuing or within twenty days after The third on the 20th day of September next ensuing or within twenty days after And the last Payment to be on the 20th of December or within twenty days after VIII The Sub-collector may retain 3 d. Sub-collectors and Receiver Generals Fee for each 20 s. he collects as a Reward for his Pains and shall not travel above ten miles for payment of any Monies by him received And the Head-collector shall be nominated by the Receiver General of the County which Receiver General shall be answerable for all Monies received by the Collectors of the said County And the Receiver General shall have 2 d. in the Pound for all Monies paid by him into the Exchequer on or before the times prefixt in this Act. IX Commissioners Clerks Fees The Commissioners Clerks shall for writing Warrants Certificates and Duplicates by Warrant under two or more of the Commissioners Hands receive from the respective Receivers General 1 d. in the Pound for such Monies as they shall have received X. Penalty of refusing payment Upon refusal to pay as by Act assessed it shall be lawfull to distrain and the Distress to sell within four days And moreover it shall be lawful to break open in the day-time any House and upon Warrant under the Hands and Seals of two or more of the said Commissioners any Chest Trunk Box or other things where any such Goods are calling the Constables or Headboroughs to their assistance where any refusal or resistance shall be made Tenants to deduct out of their Rents The several Tenants which shall be rated by virtue of this Act are hereby required to pay such Monies as shall be rated upon such Houses and Premises and deduct out of the Rents so much of the said Rates as in respect of the said Rents of every such House or Lands the Landlord ought to bear and all Landlords are hereby required to allow such Deductions upon receipt of the residue of their Rents XI Within what time to appeal If any Person by this Act sessed do find himself grieved by such assessing and do within ten days after demand of the same complain to the Commissioners the said Commissioners or any three or more of them so as the major part of the Commissioners who signed the Rates be present shall have power within ten days after such complaint to examine any Persons upon Oath of their real or personal Estate and upon examination and knowledge thereof to abate or enlarge the same Assessment and the same so abated or enlarged shall be estreated into the Exchequer as aforesaid Appeals to be final Collector neglecting or refusing his Penalty And Appeals once determined to be final XII If any Collector shall neglect or refuse to pay any Mony by him received as by this Act is directed or shall detain any Mony and not pay the same at such time as is hereby directed the Commissioners of each County or any two or more of them are hereby impowred to imprison the Person and seize the Estate both real and personal of such Collector to him belonging or which shall descend or come to his Heirs or Executors and to give notice and appoint a time for the sale thereof and to satisfie and pay into the Hands of the Receiver General so much as shall be detained by the
Person of the Age of sixteen years or upwards and being now withing this Realm who hath not taken the Oaths mentioned and upon Summons under the Hand and Seal of any two or more of the said Commissioners appointed by the first above-mentioned Act shall refuse to take the said Oaths at the time appointed in such Warrant or shall neglect to appear at such times before the Commissioners in order to take the said Oaths shall doubly be assessed the Rates above-mentioned XXVI Gentlemen to be taxed by a former Act and not paying the Penalty Every Gentleman or so reputed or owning or writing himself such or being above that Quality who by virtue of an Act made in the third year of their Majesties Reign Entituled An Act for raising Mony by a Poll payable quarterly for one year for carrying on a vigorous War against France did pay or ought to have paid double the Sums charged by the said Act or were or ought to have been returned into the Exchequer for non-payment thereof who shall not voluntarily appear before the said Commissioners or any two or more of them within ten days after the first Meeting of the said Commissioners and take the said Oaths appointed by the said Act made the first year of their Majesties Reign shall be doubly assessed as above XXVII Quakers to subscribe the Declaration Provided nevertheless that whereas certain Persons called Quakers and now known to be such do scruple the taking of any Oath It shall be sufficient for every such Person to subscribe the Declaration of Fidelity contained in an Act of Parliament held in the first year of their Majesties Reign Entituled An Act for exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws and every Person so doing shall not be chargeable with any of the double Rates aforesaid XXVIII Lands to be above 20 s per ann No Person shall be liable to the Pound-rate imposed by this Act upon Lands Tenements or Hereditaments whose Lands Tenements or Hereditaments are not of the yearly value of 20 s. in the whole XXIX Master of the Rolls c. where to be charged The Master of the Rolls Masters in Chancery Six Clerks Clerks of the Petty Bag Examiners Registers Clerks of the Inrolment Clerks of the Affidavits and Subpoena Office or any other the Officers of the High-Court of Chancery that execute their Offices in the Liberty of the Rolls are to be assessed there and not elsewhere XXX Penalty of Collectors detaining Mony If any Collector shall keep in his Hands any part of the Mony by him collected for any longer time than by this Act directed or pay any part thereof to any other Person than the Head-Collector or Receiver-General of such place every such Collector shall forfeit 10 l. And if any Head-Collector shall detain in his Hands or pay any Mony to any other than the Receiver-General of such Place every such Head-Collector shall forfeit 40 l. And if any Receiver-General or his Deputy shall pay such Monies or any part thereof paid to him by this Act to any Person whatsoever other than the Receipt of their Majesties Exchequer within the times limited by this Act such Receiver General or his Deputy shall forfeit the Sum of 1000 l. XXXI Changing Abode after Assessment If after Assessments on personal Estates according to this Act any Person shall remove to any place where such Person was not taxed the Commissioners acting within such place are hereby impowred to summon such Person before them and unless he or she shall produce a Certificate made according to the Directions of this Act whereby it may appear that he or she have paid all their precedent quarterly Payments the said Commissioners are hereby required to cause such Persons to be assessed for such quarterly Payments as remain unassessed to be assessed and paid according to the true intent of this Act. XXXII The King may borrow upon this Act at 7 l. per Cent. It shall and may be lawful for any Person Native or Foreigner Bodies Politick or Corporate to lend to their Majesties upon the security of this Act any Sums of Mony and to receive for the forbearance thereof any Sum not exceeding 7 l. per Cent. for one whole year and that no Mony so lent shall be rated by virtue of this Act. XXXIII No Rector or Vicar chargeable except above 30 l. per Ann. No Rector or Vicar who has the Cure of Souls and actually resides upon his Rectory or Vicaridge upon the account of such his Rectory and Vicaridge only shall be charged by this Act unless his Rectory or Vicaridge does really and truly exceed the value of 30 l. per annum or unless he hath more than one Rectory or Vicaridge Additional Supply for 118506 l. 5 s. 10 d. I. Stat. 5 W. M. Sess 5. cap. 5. That it shall and may be lawful for any Persons Natives or Foreigners to contribute towards the advancing the Sum of 118506 l. 5 s. 10 d. to make up the whole Sum of 1000000 l. granted to their Majesties by an Act made this present Parliament intended to be advanced by paying into their Majesties Exchequer at any time before the first day of May 1694. any Sum or Sums of Mony not exceeding in the whole the Sum of 118506 l. 5 s. 10 d. as followeth viz. That every Person out of the Rates and Duties of Excise granted by the said Act of 1000000 l. 14 l. per Cent. for own Life or Nominees shall have and receive for every Sum of 100 l. by them respectively advanced and paid a quarterly Annuity Rent or Payment of 14 l. and proportionably for a greater Sum for and during the life of such Person so advancing or paying the same or during any other life to be nominated by the Person advancing or paying any such Sum as aforesaid Within what time to be nominated the same to be nominated within six days after payment of such Sum which yearly Annuities Rents or Payments shall commence from the 24th of June next ensuing and shall be paid and payable at the four most usual Feasts of the year viz. The Annuntiation of the Blessed Virgin Mary the Nativity of St. John Baptist the Feast of St. Michael the Archangel and the Feast of the Birth of our Lord Christ and every Person on payment of such Sum or Sums as aforesaid Tallies to be given on receipt of the Monies and Orders thereon which may be transferred or assigned and not to be revoked shall immediately have one or more Tally or Tallies importing the receipt of the Consideration Mony and Orders for the Payment of the said Annuities bearing the same date with the Tally the said Tallies to be levied and the said Orders to be signed in the same manner as in the said Act is mentioned touching Tallies and Orders to be given to the Contributors for
And in case they be not sufficient then the Loans which shall remain unsatisfied and their Interest shall be repaid out of the next Aids or Supplies granted in Parliament and shall be transferred thereunto as soon as any such Aid or Supply shall be granted to their Majesties For want of such Aids to be supplied out of the Treasury And if no such Aids or Supplies be granted before the 2d of February 1694. then the Sums so borrowed and their Interest shall be paid out of their Majesties Treasure not appropriated to any particular use by Act of Parliament before this time made XXX That out of the Mony to be levied by this Act or another Act of this present Session of Parliament Entituled 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 1000000 l. towards carrying on the War against France or any other Act of this present Session of Parliament by which any Aids shall be granted to their Majesties towards the carrying on the said War and which shall be paid into the Exchequer as well upon Loans as otherwise except only the Mony appropriated to pay the Recompences in this and the before recited Act the Sum of 1500000 l. over and above the Sum of 1000000 l. appropriated by an Act of this present Session of Parliament Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one Year for carrying on a vigorous War against France Monies appropriated to the use of the Navy and Ordnance and Land Forces is appropriated for the Services of the Navy and Ordnance performed and to be performed And that all other Monies to be paid by this or any other Act of this present Session of Parliament not appropriated to the use of the Navy or to pay the Recompences aforesaid into the Receipt of the Exchequer as well upon Loans as otherwise shall be appropriated to the payment of their Majesties Land Forces and Armies Ordnance Ammunition and other Charges incident to the War and not otherwise XXXI Mony to be applied to the use of the Navy The half of the Mony paid into the Receipt of the Exchequer by this Act or any other of this present Session of Parliament except the Act for granting an Aid of 4 s. in the pound for one year c. and except what is appropriated to pay the Recompences aforesaid and except also one other Act Entituled An Act to supply the deficiency of the Menies raised by a former Act Entituled An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned c. shall be applied to answer the said Sum of 1500000 l. hereby appropriated to the use of the Navy until the same shall be paid XXXII Mony to pay Seamens Wages That out of the Sum of 1500000 l. and out of the Sum of 1000000 l. appropriated for the use of the Navy the Sum of eleven hundred fifty six thousand nine hundred ninety four pounds shall be applied to pay Wages to Officers and Seamen and other Services belonging according to the course of the Navy to the Head of Wages Marine Regiment and to pay the Officers and Souldiers of the two Marine Regiments And that twelve hundred fifty seven thousand two hundred sixty and six pounds be applied to pay for Victuals Victuals and Stores necessary Provisions and Stores and other extraordinary Services of the Navy and Ordnance eighty five thousand seven hundred and forty pounds to pay the Wages of the Yards Yards c. and other ordinary Services of the Navy XXXIII The Rules and Directions appointed in one Act made in the first Year of their Majesties Reign Entituled Former Act revived for the better executing this Act. An Act for a Grant to their Majesties of an Aid of 2 s. in the Pound for one Year for the speedy payment of Mony thereby granted into the Receipt of the Exchequer by the Collectors and Receivers and for distribution and application thereof and keeping distinct Accounts of the same and all the Penalties and Forfeitures in case of diversion of any Mony thereby appropriated are hereby revived and enacted to be executed and put in ure concerning the distribution and application of the said Sums hereby appropriated as fully and effectually as if the same were here particularly repeated and re-enacted XXXIV The Commissioners of the Customs from and after the end of this Session of Parliament shall mark and seal Lustrings and Alamodes c. to be markt and sealed by the Commissioners of the Customs or cause to be markt and sealed all Lustrings and Alamodes which are now imported and in the Hands of any Person or Persons whatsoever and also of all the said Stuffs so called which shall be hereafter imported and keep an Entry and Registry thereof in the Custom-House in a Book for that purpose provided Those imported already to be so markt sealed or registred within twenty days of the said time for which there shall be no Fee or Reward paid and those hereafter imported from the time aforesaid to be so markt sealed and registred without any Fee before they be delivered out of the Custom-House Ware-House And all Lustrings and Alamodes imported after the 15th day of May 1694. Penalty of unsealed Goods and not so sealed and markt shall be forfeited and the Importers or Possessors thereof subject to such and the like Penalties and Forfeitures as Importers of French Goods by one Act made in the first Year of their Majesties Reign Entituled An Act for prohibiting all Commerce and Trade with France to be recovered as therein directed Counterfeiting Mark or Seal 500 l. And if any Person or Persons shall alter or counterfeit the Marks or Seals used for that purpose the Offender shall forfeit 500 l. to any that will sue for the same in any of their Majesties Courts of Record at Westminster XXXV Whereas it is enacted in one Act of this present Session of Parliament Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one Year c. that over and above the Ships of War for the Line of Battail and for Convoys to remote Parts at the least four Ships of the third Rate and sixteen of the fourth Rate thirteen of the fifth Rate and ten of the sixth Rate shall be from time to time directed and appointed by the Lord High-Admiral or the Commissioners for executing that Office Commissioners of the Admiralty to certifie at the next Sessions of Parliament what Ships have been set out and the Places where to such proper Stations as they shall deem meet to cruise for securing Merchants Ships in their going