Distraining and keep the same till the said Duties be satisfied and if not paid within Ten days then to sell the same IV. The said Mayor and Aldermen or their Assignees may by the 25th of Decemb. 1698. Design and Lay out where such Chanel or River shall be made enlarged opened and continued between Wivenhoe and the New Hithe and what points or parcels of Land are fit to be Cut and Laid out for making or enlarging such Chanel as to them their Deputies and Workmen with the allowance of the Commissioners hereafter mentioned or any Five of them shall seem meet so as such Land so to be laid out exceed not One hundred Foot in breadth in any place V. It shall be lawful for the said Mayor and Commonalty their Assignees and Workmen to Cut and Dig the Land so laid out and make new or larger all the passages for Water through such Land being the Ground or Soil of any person whatsoever between Wivenhoe aforesaid and the New Hithe and to remove all Gravel Beds of Ouze or any other Impediment to the Navigation and lay the Earth Soil and Stuff thence digged on any side of the Bank of such Chanel and have free passage for Cutting Cleansing or Amending the same and to do all other necessary Matters for carrying on the said Undertaking VI. But not to make any new Cut through any Land belonging to Anthony Earl of Kent other than one piece called Gravel-Pit-Land the Cut through the same not exceeding 40 Perches or Poles in length and other than two other pieces called Forelands belonging to the said Earl the Cut through the same not exceeding 45 Perches in length in either of them Nor shall the Cut be made on the Land-side of the Wall or Bank there nor so near as to prejudice such Wall or Bank Nor to make any Cut through any Land belonging to Nicholas Corsellis Esq other than one piece called The Reede Point the Cut through the same not exceeding 45 Perches or Poles in length And in case any Wall Sluce or Bank for the defence or benefit of the Lands of the said Earl of Kent or Nicholas Corsellis or any other person or persons be damnified in Cutting or Cleansing the said Chanel the said Mayor and Commonalty shall make good the same And that no part of the Ground or Soil so dug shall be thrown on the Land-side of any persons Ground without the Licence of the respective Owners thereof but only upon the Walls or Banks or the Border of the said Chanel or some place between the Walls and Chanel And for such points of Land as shall be severed from the main Land by making a new Cut the like satisfaction shall be made as to the Owners of such Land through which such Chanel shall be made or enlarged And upon payment of the Money agreed on for the said Points so severed the said Points or Parcels of Land shall be together with the New Chanel vested in the said Mayor and Commonalty and their Successors for ever VII Provided That if the said Mayor and Commonalty shall not repair and make good the Premisses so damnified they shall answer double Damages besides Costs of Suit to the Owner or Proprietor of such Lands or Premisses to be recovered by Action of Trespass or upon the Case VIII Provided That the said Mayor and Commonalty shall make satisfaction to the Owners of such Land or such as may sustain any Damage thereby and proportion the satisfaction in respect thereof and what Share any Tenant or other person shall have for the same And in case any person refuse to Agree or through Disability by Nonage or otherwise cannot the said Commissioners shall issue their Warrants to the Sheriff of Essex for Impanelling and Returning a Jury or Juries who being Sworn shall enquire of and assess such Damages as they shall judge fit And the said Commissioners shall give Judgment for such sums so assessed by the Juries and by Examination upon Oath c. shall hear and determine all Controversies touching the Premisses IX Which said Judgments pronounced by the Commissioners Notice in Writing being first given of their Meeting to every Party concerned or left for them shall be Binding And being in Writing under the Hands and Seals of such Commissioners shall be kept among the Records of the Sessions of Peace for Colchester for all persons to resort to without Fee or Reward and shall be taken as Evidence in any Court of Record X. Upon payment of the Mony so agreed on or decreed or tender thereof or refusing to receive the same so tendred then upon payment thereof to such persons as the Commissioners shall appoint for the use of the persons interested therein and not before the said Mayor and Commonalty their Workmen Agents and Servants may Dig and Cut any such Land as aforesaid or do any such further Act for making the said Chanel and River Navigable And the said Mayor and Commonalty Commissioners and Persons Authorized by them shall be Indempnified against the Heirs Executors Administrators and Assigns of such Owners as if such Land had been sold or conveyed from them to the said Mayor and Commonalty and their Successors XI The said Mayor Aldermen c. may from time to time during the said 21 Years nominate and choose Collectors of the Money payable as aforesaid who shall pay the same to the Receiver General for the Use of the said Mayor and Commonalty for the purposes aforesaid and no other XII The Mayor of Colchester for the time being and the Justices of Peace for the East Division of Essex for the time being shall be Commissioners for the purposes aforesaid and take the Accounts of the Receipts and Disbursements of the Money Collected and Levyed during the said Term and shall and may call before them such Collectors or Receivers and all other persons Intrusted with the Collection or management thereof who shall give an Account thereof in Writing upon Oath And the said Commissioners may Order the Moneys remaining upon such Account to be laid out for the purposes aforesaid And if any such Collectors Receivers or others refuse to give such Account or pay the Moneys then due as the said Commissioners shall direct they or any five of them may commit such persons to the Common Goal of the said Town till they shall give such Account and pay the Money due thereupon XIII Every such Collector and Receiver shall before the Execution of such Office take an Oath for the true Executing the same before the said Mayor XIV After 1 May 1698. no Goods Wares or Merchandizes except Wood or Timber shall be laden or unladen at any Key or Wharf in the said River or Chanel but only at Wivenhoe and the New Hithe aforesaid on pain of Forfeiting to the said Mayor c. 5 l. for the uses aforesaid But not to prohibit the lading or unlading of any Goods at or from the late erected Wharf of Giles Sayer in
the Uses aforesaid as there shall be cause And the Mayor of the said Borough is to Administer an Oath to the Collectors and persons imployed for the faithful Executing their Offices in and about the Premisses V. The said Collectors shall be allowed for their pains in Executing the said Office out of the Money by them received so much as the said Mayor c. in Common Council assembled shall think fit not exceeding one Shilling in the Pound VI. The said Collectors may at seasonable times Enter into any Ship or Vessel within the said Port of Bridgwater to see what Goods shall be in the same Unlading And in case the sums of Money appointed to be paid as aforesaid shall not be paid by the Master or other person having the Command of any Ship or Vessel Unlading as aforesaid then the said Collectors may by Warrant from the Mayor or Aldermen of the said Borough or one of them Distrain such Ship or Vessel and all Tackle Apparel and Furniture thereunto belonging and keep the same till they be satisfied and paid the sums Imposed by this Act which if not paid within Ten days next after such Distress then the said Collectors may sell the said Distress and therewith satisfie themselves for the Duty so unpaid and also for keeping such Distress rendring the Overplus VII The said Mayor c. in Common Council assembled may by Indenture under their Common Seal Convey the Duties Granted by this Act or heretofore payable as a security for any sums of Money by them to be borrowed for the ends and purposes of this Act to any persons that have advanced or shall advance any Moneys upon such security All which Money to be borrowed shall be imployed towards the Inlarging Preserving and Repairing the said Bridge or Key of Bridgwater aforesaid VIII The Keys or Wharfs now standing on each side of the River below the Bridge of Bridgwater aforesaid or that shall be Inlarged or Repaired not exceeding in length on each side of the said River 150 Yards are and shall be taken for lawful Keys or Wharss for the Landing or Laying on Shore any sort of Goods and Merchandizes whatsoever IX From and after the Expiration of the Years hereby Granted the ancient Duties of Keyage Pontage and Cranage shall be demanded and paid as heretofore Brokers I. Stat. 8 9. W. 3. cap. 32. For Restraining the III practice of Brokers and Stock-jobbers It is Enacted That after 1 May. 1697. No person whatsoever shall use or exercise the Office or Imployment of a Broker or deal as such in London Westminster or Southwark or the Limits of the Weekly Bills of Mortality in making or concluding Bargains between Merchant and Merchant or others concerning Wares and Merchandizes or Moneys to be taken up by Exchange or concerning any Talleys or Orders Bills of Credit or Tickets payable at the Exchequer or any publick Office or concerning any of the Bank-Bills or Notes or Stock of the Bank or Stock of any Company or Society that is or shall be Incorporated until such person shall be admitted and licensed by the Lord Mayor and Court of Aldermen of London II. Upon admittance of any such Broker he shall take an Oath to the effect following viz. That he will truly and faithfully execute and perform the Office and Imployment of a Broker between party and party in all things appertaining to the Duty of the said Office and Imployment without Fraud or Collusion to the best of his skill or knowledge and according to the Tenour and Purport of the Act Intituled An Act to Restrain the Number and Ill practice c. III. And every such person within Three Months after such Admittance shall in the Court of Chancery or Kings-Bench or Quarter Sessions take the Oaths appointed in the Act 1 W. M. cap. 8. and Subscribe the Association appointed by the Act made 7 W. 3. cap. 27. And every such person shall at his Admittance give Bond to the Lord Mayor Citizens and Commonalty of London in the Penalty of 500 l. with Condition That if he do and shall well and truly Vse Execute and Perform the Office and Imployment of a Broker between Party and Party without Fraud Covin or any Corrupt or Crafty Devices according to the Purport true Intent and Meaning of the Statute in that case lately made and provided then the Obligation to be void IV. The Number of such Brokers shall not at one time exceed 100. and the Fees upon Admittance into the said Imployment shall not exceed 40 s. V. The Lord Mayor and Court of Aldermen shall cause the Names of such Brokers as shall be Admitted by Virtue of this Act and their places of habitation to be publickly affixt on the Royal Exchange in Guildhall and in such other publick places in London as they shall think fit VI. If any person shall act as a Broker after the time aforesaid not being admitted according to this Act he shall forfeit 500 l. over and above such other Forfeitures as he shall any ways incur by virtue of this Act and if any person after the time aforesaid shall knowingly Imploy any person to deal for him as a Broker or Stock-jobber not being admitted and sworn as aforesaid such person shall forfeit the sum of 50 l. and if any person after the time aforesaid not being a sworn Broker according to this Act shall act and deal as a Broker in Discounting Talleys or Bills or in Stock-jobbing in selling Bank-stock or any other Securities upon any Fund granted by Parliament such person shall Forfeit 500 l. and stand in the Pillory in some publick place in London three several Days for the space of one Hour in the Morning VII After the time aforesaid every sworn Broker shall keep a Book or Register in which he shall enter all Contracts and Bargains that he shall make between any persons within three days after the Contract with the parties Names and for omitting so to do he shall forfeit 50 l. VIII If any such Broker after the time aforesaid shall directly or indirectly take above 10 s. per Cent. for Brokage he shall for every such Offence forfeit 10 l. IX Every sworn Broker after his Admittance as aforesaid shall carry about him a Silver Medal having the Kings Arms on one side and the Arms of the City of London with his own Name on the other side which he shall produce at the concluding of every Bargain to the Parties concern'd upon pain to forfeit 40 s. for every Omission X. If any such Broker after the time aforesaid shall deal for himself in the Exchange or Remittance of Moneys or Buy any Talleys Orders Bills or Shares in any Joint-stock for his own use or buy Goods or Merchandizes to sell again or make any profit in buying or selling any Goods more than the Brokage allowed by this Act he shall forfeit the sum of 200 l. and be for ever incapable to act as a Broker XI Every
Policy Contract Bargain or Agreement which is to be performed after the 1st day of May 1697. upon which any Pramium is or shall be given or paid for Liberty to deliver receive accept or refuse any share in any Joint-stock Talleys Orders Exchequer Bills or Bank Bills other than such Policies and Contracts as are to be performed within three days from the time of making the same shall be utterly null and void and every such Praemium shall be paid back XII If any Praemium shall be given contrary to the intent and meaning of this Act with the privity of a sworn Broker or if any person shall Act or Trade as a Broker not being Admitted according to this Act and the same shall come to the knowledge of a sworn Broker in every such Case such sworn Broker shall forthwith discover the same and in case he shall not so do the Lord Mayor and Court of Aldermen shall displace such sworn Broker who shall for ever be incapable to use or exercise the Trade of a Broker XIII All penalties and forfeitures given by this Act shall be recovered by Action of Debt c. in any of the Kings Courts of Record at Westminster in which no Essoin c. one Moiety to the King the other to him that shall sue for the same XIV This Act to continue from the 1st of May 1697. for the space of three years and from thence to the end of the next Session of Parliament XV. No person buying or selling of Cattle Corn or any other Provision or Coal shall be esteemed a Broker within this Act. XVI No Broker Admitted by this Act shall after the time aforesaid till the end of next Session of Parliament act or deal or drive any Bargain to buy or sell Talleys or other Securities upon Parliamentary Funds unless Licensed so to do by the Lords of the Treasury or three of them under the penalty of 500 l. I. Stat. 8 9 W. 3. cap. 29. For Repair of the Peers of Bridlington alias Burlington in the East-Riding of Yorkshire It is Enacted That after 1 May 1697 and until 1 May 1704 there shall be paid for the repairing and amending the said Peer one farthing for every Chalder of Coals that shall be loaden on Board any Ship or other Vessel at or in the Port of Newcastle upon Tyne or at Sunderland Blythe Suton Sluce Culler Coats or any place reputed a Member of the Port of Newcastle Which said Duties during the term aforesaid shall be answered and paid unto Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William St. Quintin Baronets Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Knights Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Byerly Charles Osborn Esquires and to the Wardens of Trinity-House at Hull for the time being the Survivors and Survivor of them and the Executors and Administrators of such Survivor or to their Deputy or Deputies thereunto appointed by some Writing under their or the major part of their Hands and Seals by the Master of the Vessel whereupon such Coals shall be loaden The said Duties to be paid at such place or places as shall be appointed in or near the place of Loading II. No Officer of the Customs within the Ports Harbours Creeks or places aforesaid shall during the time aforesaid take any Entries or give any Cocket or other Discharge for any Ship or other Vessel so loaden with Coals as aforesaid till the Duties hereby granted shall be paid to the respective Deputies appointed to receive the same as aforesaid and that the Master of such Ship or Vessel do produce an Acquittance testifying the Receipt thereof And every Officer of the Customs making default in any of the Premisses shall forfeit the Sum of 50 l. to the said A. Lord Viscount J. Sir G. B. c. to be recovered with Costs in any of the Kings Courts of Record by Action of Debt c. wherein no Essoin c. shall be allow'd III. Any person or persons by Warrant under the Hands and Seals of the said A. Lord Viscount J. Sir G. B. c. or the major part of them may go on Board any Ship or other Vessel loaden with Coals at any the foresaid places to inspect and take an account of the lading of such Coals IV. All such Sums of Money which shall be raised by the Duties aforesaid and recovered for any Forfeitures in this Act appointed other than what shall be laid out or allow'd for Collecting the said Duty not exceeding 6 d. in the pound shall be by the said A. Lord Viscount J. Sir G. B c. applyed to the rebuilding repairing and amending the said Port or Peer of Bridlington alias Burlington and there shall be provided and kept by the said persons their Deputy or Deputies one or more Books in which all Receipts and Payments by virtue of this Act shall be entred expressing the time when and persons from and to whom the same were made And once yearly the Justices of the Peace for the East-Riding of the County of York at their Quarter-Sessions may order the said Books to be brought before them to inspect the same and upon any mis-imployment of the said Duties to make such Orders for the better management of the same according to the intent of this Act as they shall think most fit Which Orders shall be observed by all persons concerned upon such Penalties not exceeding 100 l. as they shall set to be levyed upon the Goods of the Offenders by Warrant from the said Justices V. The said A. Lord Viscount J. Sir G. B c. or the greatest number of them that shall be then living may by Indenture under their Hands and Seals convey and assure the Duties granted by this Act or any part thereof as a Security for Money to be borrowed for the ends and purposes of this Act. VI. If any person shall be sued for any thing done by virtue of this Act he may plead the General Issue and give the special Matter in Evidence and upon Nonsuit or Verdict for the Defendant he shall recover double Costs VII After 1 May 1697 the said A. Lord Viscount J. Sir G B c. or any three or more of them may from time to time survey and inspect the sufficient Building and Repairs of the Peer aforesaid with all Walls Jetteys Sluces Sockers and Locks thereof and certifie the State and Condition of the same in Writing to the said Justices at their Quarter Sessions who are hereby impowered to charge the Lands formerly granted by K. James I. 20 Sept. in the 21st year of his Reign to John Earl of Holdernesse his Heirs and Assigns with such equal assesment as they shall judge sufficient and necessary for repair of the same and in default of Payment of the said assesment the Defaulter to be distrained by Warrant of three of such Justices and after
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
or discharged but by Consent of the majority of the Commissioners who Imposed the same but shall be Levied by Distress or Sale of the Offenders Goods and in default of Goods the Offenders shall be Imprisoned till payment of the Fines XLIII The Collectors not paying the Money they Collect according to the direction of the Act are to be Imprisoned and their Estates Seized Whereupon the Commissioners are to appoint a General Meeting of which Six days Notice at least is to be given and then to Sell what shall be so Seized or any part thereof XLIV At the Expiration of the time for the full payment of all the said Monthly payments the Commissioners are to examine into the full payment of the Sums Charged and in case of failure to cause the same to be forthwith Levied and Paid XLV If any Controversie arise concerning the Assessing the Commissioners the Commissioners concern'd shall withdraw during the Debate and in default thereof shall be Fined not exceeding 20 l. And all Questions and Differences are to be determin'd by the Commissioners without Suit in Law XLVI A Proviso against Charging any Colleges or Halls in the Universities or the Colleges of Windsor Eaton Winchester or Westminster The Corporation of Clergymens Sons Bromley Colledge or the Settlement in Trust of Tobias Rustat on Jesus College or any Alms-Houses or Free-Schools or any Master Fellow or Scholar of any College or Free-School or any Reader Officer or Minister of the Universities or the Masters or Ushers of any Schools or Alms Men of any Hospital or Alms-house for their Stipends or the Houses or Lands of Christs Hospital St. Bartholomews Bridewell St. Thomas and Bethlehem Hospital or the Poor of any Hospital whose Annual Maintenance doth not exceed 20 l. Provided that the Tenants of such Hospitals c. shall be Rated for what the Lands are worth above the Rents reserved XLVII All places are to be Assessed in such County Division or Place where usually Assessed Provided that West Barnfield Hundred in Kent may be Assessed in the Lathe of Scray Northmore Tything in Oxfordfordshire in the Hundred of Bampton The Tythings of Charlbury Faller and Finstock in the Hundred of Chadlington The Town and Parish of Leeds in Yorkshire in the Hundred of Seyrack XLVIII A Proviso that this Act shall not make void any Contracts between Landlords and Tenants or any others touching Taxes XLIX If any Action be Commenced or Prosecuted for any thing done in pursuance of this Act the Defendant may plead the general Issue and this Act and the Special Matter in Evidence and if the Plaintiff be Nonsuit or Verdict pass against him the Defendant shall recover Treble Costs L. The Receivers General shall give the Head Collectors Acquittances gratis and so shall the Head Collectors to the Subcollectors LI. The Subcollectors shall deliver Schedules to the Head Collectors of those that make default of Payment where there is no Distress which Schedules are to be deliver'd to the Receivers General to be return'd into the Exchequer And where Land or Houses are unoccupied and no Distress nor the person of the Owner to be found within the County such persons Name is to be Certified into the Exchequer and Process thereupon is to issue against the Body Land and Goods LII In case of Non-payment for Woodlands and no Distress to be had so much of the Wood Timber Trees excepted may be Felled and Sold as will pay the Assessment And in case of Non-payment of Tythes Tolls Profits of Markets Fairs Fisheries or other Annual Profits not Distrainable so much thereof may be seized and Sold as the Tax amounts unto LIII Receivers General returning any into the Exchequer who have paid their Tax are to Forfeit treble Damage to the Party agrieved and to his Majesty double the Sum unjustly certified LIV. The Commissioners are to Assess each other within their Division and are also to Assess the Assessors LV. All persons having any share in the New-River Thames Hide-Park Marybone or Hampsted Waters or any Profits arising thereby or any Stock in the Office for Insuring of Houses or in the Convex or other Lights or in the Kings Printing House shall pay 3 s. in the Pound of the full yearly Value and these Stocks or Shares and all Companies of Merchants in London are to be Assessed by Three or more of the Commissioners appointed for the City of London and the Sums to be paid by the respective Governors Treasurers or Receivers LVI The Commissioners are to require an Account from time to time of the Moneys Receiv'd by the Receivers General and of the Payments thereof into the Exchequer and in case of failure to cause the same to be forthwith Levied LVII No Letters Patents or Privileges shall exempt any from Payment of the Rates in this Act. LVIII Provided that no person be compelled to be an Assessor or Collector out of the Limits of the City Borough or Town Corporate where he lives LIX And provided that the Assessments on Houses where Foreign Ministers shall be resident shall be paid by the Landlord or Owner LX. In all Privileged and extraparochial Places the Commissioners are to Nominate two persons in or near the said places to be Assessors LXI A Proviso that no Commissioner shall be liable to the Penalties in the Act of 25 Car. 2. touching Popish Recusants nor be capable to Act before he hath taken the Oaths in the Act 1 W. M. For Abrogating the Oaths of Allegiance and Supremacy and also the Oath hereby appointed which Oaths any Two of the Commissioners are to Administer LXII Every Papist or reputed Papist of the Age of Sixteen Years or upwards not having taken the Oaths in the said Act of 1 W. M. is to pay double unless he or she take the Oaths within Ten Days after the first meeting of the Commissioners LXIII Every person of Sixteen years of Age or upwards who shall not have taken the Oaths before the time of the Execution of the Act and being Summon'd shall refuse to take the Oaths or neglect to appear before the Commissioners in order thereto shall pay double LXIV Every Gentleman or so reputed or being above that Quality who by the Act 3 W. M. for the Quarterly Poll did or ought to have paid double and shall not voluntarily take the Oaths before Two or more Commissioners within Ten days after their first meeting shall pay double LXV And the Commissioners upon Information or Suspicion are to Summon the person suspected to appear and take the Oaths Quakers instead of the Oaths may Make and Subscribe the Declaration of Fidelity 1 W. M. and so doing shall not be liable to double Rates LXVI Provided that where the Owners of Lands are liable to double Rates such Owner only shall pay the double Rate and not the Tenant notwithstanding any Covenant for payment of Taxes LXVII A Proviso that no person be liable to the Pound Rate whose Lands c. are
Miles from their Habitations CCXL The Sum of 371003 l. 15 s. 6 d. for the first Quarterly Payment shall be paid to the Receivers General on or before 2 May 1698. And the like Sum for the second Quarterly Payment on or before 2 Aug. 1698. The like Sum for the third Quarterly Payment on or before 2 Nov. 1698. And the Sum of 371003 l. 15 s. 5 d. three Farthings for the last Quarterly Payment on or before 2 Feb. 1698. CCXLI. Every Receiver General within a Month after he shall have received the full Sum charged on any Division for each particular Payment shall give the Commissioners a Receipt which shall be a full Discharge for such particular Payment Which Receivers General shall within Twenty days after their Receipt pay the same into the Exchequer and shall be Allow'd 2 d. in the Pound for what they shall so pay in CCXLII. The Collectors shall have 3 d. in the Pound for what they Collect and Pay pursuant to the Act And the Commissioners Clerks shall be allow'd Three Half-pence in the Pound for Writing the Assessments Duplicates c. CCXLIII Persons refusing or neglecting to pay the Collectors are to Levy the Sum Assess'd by Distress and having kept the same Four Days at the Owners Charge then to be Appraised and Sold and the Overplus return'd And it shall be Lawful to break open Houses in the day time and by Warrant from Two Commissioners any Chest c. calling to assistance the Constables c. and all Questions concerning Distresses shall be Determin'd by the Commissioners CCXLIV Persons refusing to pay their Assessment by the space of four days after demand or conveying away their Goods except a Peer or Peeress shall be committed to Goal till Payment be made CCXLV The Tenants are to pay the Tax and deduct the same out of their Rents which the Landlords are requir'd to allow CCXLVI Tenants paying the Assessments shall be discharg'd for so much and the Commissioners shall have power to settle Differences between Landlord and Tenant or others concerning the Tax CCXLVII. Persons over-rated complaining to the Commissioners within six days after Demand may be relieved within ten days after Demand of the said Assesment and Appeals once determin'd to be final CCXLVIII In case the Proportions set by this Act on any County c. shall not be duly answer'd as first laid the Commissioners are to cause new Assessments to be made CCXLIX Any person neglecting or refusing to do his Duty in the execution of the Act may be fined as the Commissioners shall think fit not exceeding 20 l. which Fine shall not be taken off but by consent of the Commissioners who Impos'd the same but shall be paid into the Exchequer and inserted in the Duplicates CCL Collectors not paying the Money they receive as the Act directs are to be imprison'd and their Estates Real and Personal seiz'd and sold for satisfaction CCLI The Commissioners are to examine whether the Money Assess'd be duly Collected and Returned to the Receivers General and by them paid into the Exchequer and in case of failure to cause the same to be forthwith levied and paid CCLII In case any Controversie arise about the Assesments which concerns any Commissioners the Commissioners concern'd are to withdraw during the Debate and in default the Commissioners present may set a Fine not exceeding 20 l. CCLIII No Priviledged Place or person shall be Exempt from the Assessment but they and also all Fee-Farm and other Rents and Payments issuing out of Land shall be Taxed and paid by the Tenants who shall thereupon be kept harmless CCLIV This Act shall not extend to charge any College or Hall in the Universities the Colleges of Windsor Eaton Winton and Westminster the Corporation of Clergymens Sons Bromley Colledge or any Hospital for the Sites thereof nor any Master Fellow Scholar Reader Officer or Minister of the Universities c. nor Masters or Ushers of Schools for their Stipends nor the Houses or Lands of Christs Hospital St. Bartholomews Bridewell St. Thomas or Bethlehem Hospital or Mr. Askes Hospital at Hoxton or the Charity of Zechariah Jepson at Rippon or of the said Corporation of Clergy-mens Sons or Bromley College nor any other Hospital or Alms house in respect only of Rents for the immediate relief of the Poor therein CCLV. Nevertheless the Tenants of Lands or Houses belonging to Hospitals shall be rated for what such Houses and Lands are worth above the Rents reserved and the Tenants to Colleges c who by their Leases or Contracts are to pay Taxes shall not be discharged CCLVI. All Auditors and Receivers of Rents due to the King or Queen Dowager shall allow a Rate to be abated in proportion to the Tax on the Lands c. out of which they are payable CCLVII Persons inhabiting in London or any other City or Town Corporate shall be Taxed in the Parish or ward where they dwell CCLVIII. No Clause or Proviso in this Act shall lessen the Sum appointed to be levied by the Act. Nothing in this Act shall make void any Contracts between Landlord or Tenant or others touching payment of Taxes CCLIX All places shall be Assess'd in such County Division or Place where usually assess'd Provided that West-Barnfeild Hundred shall be Assess'd in the Lath of Scray in Kent Northmore Tything in the Hundred of Bampton in Oxfordshire Charthbury Faller and Finstock Tythings in the Hundred of Chadlington the Town and Parish of Leeds in Yorkshire in the Hundred of Skyrack and the Forest of Chute where the same was Assess'd to the first 4 s. Aid CCLX If any Action be brought for any thing done in pursuance of this Act the Defendant may plead the General Issue and give this Act and the special Matter in Evidence and if the Plaintiff be Nonsuit c. the Defendant shall recover treble Costs CCLXI Where Lands or Houses are unoccupied and no Distress found Distress may be made at any time after by the Collectors Constable or Tything Man and unless redeem'd in four days may be sold rendring the Overplus to the Owner and distributed proportionably to the Parties who contributed to the Tax of the said unoccupied Lands CCLXII Where Wood-Lands are Assess'd and no Distress can be had the Collectors c. by Warrant from the Commissioners at seasonable times of the year may cut down and sell so much Wood Timber Trees excepted as will pay the Assessment CCLXIII Where Tythes Tolls Profits of Markets c. are Taxed and the same not paid in fifteen days after demand the Collectors c. by Warrant of the Commissioners may seize so much of the said Tythes c. as will pay the Tax CCLXIV Receivers General returning any Persons into the Exchequer who have paid the Tax shall forfeit treble Damages to the Party grieved and to his Majesty double the Sum returned CCLXV. The Commissioners shall Assess each other for personal Estates and Offices so as such personal Estate and
Office be within the limits of the Commissioners who Tax the same And the Commissioners shall also Assess the Assessors CCLXVI. No person in any City Borough or Town Corporate shall be compelled to be an Assessor or Collector out of the limits thereof CCLXVII The Tax on Houses where Foreign Ministers reside shall be paid by the Owner CCLXVIII In all Extra-Parochial and Privileged places the Commissioners shall nominate Two persons in or near the said places to be Assessors and shall appoint one or more Collectors CCLXIX The Commissioners shall not be liable to the Penalties in an Act 25 Car. 2. touching Popish Recusants CCLXX. No Commissioner shall act unless it be in Administring Oaths before he take the Oaths 1 W. M. ch 6. which any two of them may Administer to any other Commissioner CCLXXI. Any Commissioner acting before he hath taken the Oaths shall forfeit 200 â— to the King CCLXXII Offices shall be rated and paid for where the same are executed CCLXXIII Offices in Chancery within the liberty of the Rolls shall be there Assessed CCLXXIV Persons for personal Estates and persons not being Housholders shall be rated where resident at the execution of the Act and persons out of the Realm shall be rated for personal Estate where last resident within this Realm CCLXXV Any persons having Goods c. in any County other than where he lives shall be rated in the County where the Goods are and persons for Lands Tenements c. shall be rated where the said Lands c. lye CCLXXVI Any persons in respect of several places of Residence being doubly Charged for Personal Estate shall upon Certificate and Oath thereof be discharged for so much as is so Certified CCLXXVII This Act shall not extend to Personal Estates in Scotland Ireland Jersey or Guernsey CCLXXVIII If any person by changing his Residence or other Fraud escape being Taxed for Personal Estate upon proof thereof he shall be Charged Treble CCLXXIX Every Housholder shall upon demand give an Account of his Lodgers to the Assessors under penalty of 5 l. CCLXXX Shares in the New-River-Water Thames Marybone or Hampsted Waters Offices of Insurance from Fire Convex or other Lights and Stock in the Kings-Printing-House shall be Taxed 3 s. in the Pound And the said Shares and all Companies of Merchants in London shall be Assessed by the Commissioners for London and payed by the Governors and the respective Treasurers or Receivers CCLXXXI Every Papist of the Age of 16 years or upwards who shall not have taken the Oaths required An. 1 W. M. shall pay double Taxes unless such Papist within 10 days aster the first Meeting of the Commissioners do take the same before two Commissioners CCLXXXII Every person of the Age of 16 years or upward refusing to take the said Oaths or neglecting to appear before the Commissioners in Order to take the same when Summoned shall likewise pay double CCLXXXIII Every Gentleman or so reputed who by the Act for the Quarterly Poll 3 W. M. did or ought to have paid double and doth not voluntarily appear before the Commissioners within ten days after the first Meeting and take the said Oaths shall likewise pay double CCLXXXIV The Commissioners upon Information or Suspicion shall Summon every person Suspected to Appear and take the said Oaths CCLXXXV But Quakers instead of the Oaths may make and subscribe the Declaration of Fidelity 1 W. M. Where the Assessors neglect to make double Assessments on Papists or others for not taking the Oaths the Commissioners shall cause it to be done CCLXXXVI Where the Owners of Lands c. are liable to be double charged such Owners only shall be so charged and the Tenants Discharged notwithstanding any Covenant for Payment of Taxes CCLXXXVII The Kings Bench-Prison with its Lands and the Rents and Perquisites of the Marshal thereof and also the Marshalsea-Prison and Office and Perquisites of the Marshalsea-Court shall be Assessed in the Parish of St. George in Seuthwark CCLXXXVIII The Water-works in Southwark shall be Assessed by the Commissioners and Assessors of Surrey and the Water works in Westminster by the Commissioners and Assessors of Westminster CCLXXXIX All persons concern'd are to use their utmost Endeavours for the due Execution of the Act. CCXC. No person shall be liable to the pound Rate whose Lands c. are not 20 s. per Annum in the whole CCXCI. If any Collector shall keep the Money in his hands or Pay any part thereof other than to the Receiver General or his Deputy he shall Forfeit 20 l. And the Receiver General or his Deputy not Paying the same as the Act directs he shall forfeit 500 l. CCXCII The Commissioners of the Treasury c. shall not divert the Payment of the said Moneys into the Exchequer nor shall the Officers of the Exchequer strike any Talley of Pro or Anticipation on the same or any Teller charge himself therewith till actually received CCXCIII No noli prosequi or other stay of Prosecution shall be allowed in any Suit against Offenders herein CCXCIV. The Commissioners are impowered to lessen the Assessment on Proof that the Lands c. are charged above 3 s. in the pound and the Money so abated shall be Reassessed as they shall judge most equal either on the whole Hundred or Division or on such part thereof as shall appear to be under-charged CCXCV. The Receivers General shall be answerable for their Deputies and shall nominate so many of them that no Subcollector may be forced to Travel above Ten Miles for Payment of the Moneys by him Collected And in default of such Nomination to Forfeit 100 l. one Moiety to his Majesty the other to the Prosecutor CCXCVI. In case there be not a sufficient number of Commissioners capable of Acting for any City c. any of the Commissioners for the County at large may Act for such City c. CCXCVII. Members of Parliament Abiding in or about London and Westminster shall be Assessed for any Tax to be laid on their Persons or Personal Estates during this Session where their Mansion-Houses are or where they usually Reside in the Intervals of Parliament CCXCVIII The first General Meeting of the Commissioners for the West-Riding of Yorkshire shall be at Pontefract for the North-Riding at Thirske and for the East Riding at Kilham CCXCIX A Register shall be kept by the Auditor of the Exchequer of all the Moneys arising by this Act and one other Register of all Orders for Moneys payable thereout CCC The Principal Sums lent between 8 Oct. 1697. and 4 Apr. 1698. not exceeding 850000 l. shall be in the first place Transferred and paid in due course out of the Moneys arising by this Act with Interest at 8 per Gent. Payable every Three Months and the Orders for the same may be Assignable CCCI. And in the next place so much as on 11 Apr. 1698. shall not be Raised of the 255663 l. 5 s. 8 d. for paying of several
pay the Assessment in ten days after demand where no sufficient Distress can be found three of the Commissioners may commit such Persons to Gaol till payment be made CCCCXXXVI Persons agrieved and complaining to the Commissioners within six days after demand the Commissioners or three of them whereof two who signed the Rate may within eight days after examine the Complainant upon Oath and thereupon abate or increase the same and the Commissioners are required to meet together for determining such Complaints and Appeals accordingly CCCCXXXVII All Persons shall be rated where Resident with their Families at the Execution of the Act and Persons not Housholders nor having a certain place of abode and all Servants shall be Taxed where Resident at the time The Tax on Servants to be paid by the Master or Mistress and Deducted out of their Wages CCCCXXXVIII Persons doubly charged for several Mansion Houses or Places of Residence upon Certificate of two of the Commissioners of their Personal Residence and of the Sums charged and Oath made of such Certificate before a Justice of Peace shall for so much as shall be certified be discharged in every other place CCCCXXXIX Persons at the time of the assessing being out of the Realm shall be rated where last abiding in the Realm CCCCXL. Persons escaping Taxation by Fraud or changing their Residence upon proof thereof before two of the Commissioners or Justices of the Peace shall at any time within twelve Months after be charged double CCCCXLI The Commissioners shall Tax one another and shall Assess the Assessors CCCCXLII Assessors Collectors Receivers or other persons wilfully neglecting or refusing to perform their Dury the Commissioners or two of them may Fine them not exceeding 20 l. CCCCXLIII The Commissioners or two of them shall call for an Account from the Receivers General of the Moneys received by them and paid into the Exchequer and in case of failure to cause the same to be forthwith levied CCCCXLIV Upon any Controversie between the Commissioners about the said Rates the Commissioners concerned are to withdraw under penalty of a Sum not exceeding 20 l. CCCCXLV All differences touching any of the said Rates and the Collecting thereof shall be finally determined by three or more Commissioners without further trouble CCCCXLVI The Receivers General shall give Acquittances to the Collectors gratis and the Collectors shall deliver to the Receivers General a Schedule in Parchment under their hands and seals signed by two or more Commissioners of the names and places of abode of every person making default of payment to be returned into the Exchequer from whence Precess shall be Issued against them for the same CCCCXLVII No Letters Patents shall exempt any persons or places from the Charge Granted by this Act. CCCCXLVIII All Constables Headboroughs Tything-men and other Officers shall be Aiding in the Execution of this Act and obey such Precepts as shall be directed to them by the Commissioners or any Two of them CCCCXLIX Persons Prosecuted for Acting in pursuance of this Act may plead the General Issue and give this Act and the special matter in Evidence and upon a Nonsuit Discontinuance or Verdict against the Prosecutor the Defendant shall recover Treble Costs CCCCL The Parents Guardians and Tutors of Persons under the Age of 21 Years shall upon Default pay the Duties for such Persons CCCCLI All Moneys payable by this Act shall be paid by the Collectors to the Receivers General Appointed by his Majesty or to their Deputies whereof notice shall be given to the Commissioners within Ten days after their General Meeting and so within Ten days after the Death or Removal of any Deputy and their Receipts shall be a Discharge to the Collectors CCCCLII The Collectors shall not be Obliged to travel above Ten Miles for payment of any Sums to the Receivers General CCCCLIII Every Receiver General within one Month after the Receipt of the whole Sum charged on any Hundred or Division for each Quarterly payment shall give the Commissioners of the Division a Receipt for the same under his Hand and Seal which shall be a full Discharge to such Hundred or Division CCCCLIV If any Receiver General Certifie into the Exchequer any Money in Arrear or Unpaid after the same hath been Received or cause any Person to be unjustly set Insuper he shall Forfeit to the Person Molested or Damaged thereby Treble Damages and to the King double the Sum so Unjustly Certified or set Insuper CCCCLV No Commissioner shall be Liable for his Execution of this Act to the Penalties in the Act Anno 25 Car. 2. For Preventing Dangers which may happen from Popish Recusants CCCCLVI All Penalties Incurred by this Act shall be Levied if not otherwise Prescribed by Warrant of Two or more of the Commissioners where the Offence was Committed by Distress and Sale of Goods CCCCLVII The Commissioners at a General Meeting All Appeals being first Determined shall cause Duplicates of the whole Sum Charged on each Division or Place Written in Parchment without Naming the persons and Signed by Three or more of the Commissioners to be Joyntly Delivered to the Sheriff of the County to be Transmitted to the Exchequer by 20 September 1698. CCCCLVIII No Person shall Act as a Commissioner before he Take the Oaths appointed 1 W. M. which any Two Commissioners may Administer under the Penalty of 200 l. Forfeiture to his Majesty CCCCLIX Persons chargeable to the Finding or Contributing to a Militia Horse shall be Assessed in such places where they ought so to Find or Contribute And if such Assessment be not Paid within the time Limitted and no Goods or Chattels of the Parties sufficient to be found then it shall be Lawful in case the Tenant of the Lands pay not the Assessment within Ten Days to Levy the same by Distress and Sale of the Tenants Goods which shall be allowed the Tenant on payment of his Rent CCCCLX Serjeants Inn in Fleet-street and Serjeants-Inn in Chancery Lane the four Inns of Court and the Inns of Chancery shall be Rated according to the proportion Imposed by this Act. CCCCLXI Persons coming to reside in any Division within London or Westminster or Five Miles thereof and not there Taxed shall be Summoned before the Commissioners and Assessed unless they produce Certificates of their being Assessed and having paid the preceding Quarterly payments CCCCLXII Every Housholder shall give the Assessors an Account of the Names and Qualities of their Lodgers under penalty of 5 l. CCCCLXIII Persons may pay all or any of the Quarterly payments to the Collectors beforehand for which the Collectors Acquittance shall be a good Discharge CCCCLXIV Members of Parliament shall be Assessed where their usual Residence is in the Intervals of Parliament CCCCLXV Out of the Moneys paid into the Exchequer upon the Act of this present Session for Granting to His Majesty several Duties upon Coals and Culm 250000 l. shall be Appropriated for payment of Seamen that have or