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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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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
Books and Pamphlees and for regulating Printing and Printing Presses shall be in force for One year from the 13th of February 1692. and from thence to the end of the next Session of ●arliament XVII All Jurors other then Strangers upon Tryals per medietatem linguae return'd upon Tryal of Issues joyn'd in the Kings-Bench Common-Pleas or Exchequer or before Justices of Assize or Nisi prius Oyer and Terminer Goal-delivery or General Quarter-Sessions of the Peace after the 1st Day of May 1693. within any County of England shall have in their own Name or in Trust for them within the same County 10 l. a year at least above Reprizes of Free-hold or Coppy-hold Lands or of Lands in ancient Demesne or in Rents in Fee-simple or fee-Fee-tail or for their own or some other Persons Life And in every County of Wales such Jurors shall have 6 l. a year at least as aforesaid All which Persons having such Estates are hereby made liable to serve as aforesaid If any be return'd of lesser Estate it shall be good cause of Challenge and the Party return'd shall be discharged upon such Challenge or upon his own Oath Nor shall any Jury-man's Issues making default be saved but by special Order of the Court or Judges for some reasonable Cause proved upon Oath And the Ven. fac for Impannelling Juries in England shall run thus viz. Rex c. praecipimus c. quod Ven. fac coram c. duodecim liberos legales homines de vicineto de A quor ' quilibet habeat decem Librat terrae tenementor ' vel reddit ' per annum ad minus per quos c. qui nee c. and the residue after the ancient manner and the Writs for Returning Juries in Wales shall be in like manner altering only the Word decem for sex And Sheriffs Coroners and other Ministers returning in any such Pannel any Person not having 10 l. or 6 d. respectively by the Year as aforesaid shall forfeit for every such Person so Returned the Sum of Five Pounds to Their Majesties XVIII No Sheriff or Bayliff of any Liberty or their Ministers shall return any such Persons to have been Summoned by them unless they shall have been Summoned Six days at least before the Day on which they ought to make their Appearance nor shall take any Reward to excuse the Appearance of any Juror Summoned or Return'd on Pain to Forfeit for every such Offence 10 l. to Their Majesties XIX Saving to all Cities Boroughs and Towns Corporate their ancient Usage of returning Jurors in such manner as hath been accustomed XX. Provided that it shall be Lawful to Return Persons upon the Tales in any County within England who shall have 5 l. a year above Reprizes and within Wales 3 l. a year XXI No Fee or Reward shall be taken by any Person whatsoever upon the Account of any Tales return'd upon Pain to Forfeit 10 l. for every such Offence the one Moity to the Prosecutor and the other to Their Majesties XXII No Writ de non ponendis in Assisis Juratis shall be granted unless upon Oath made that the Suggestions are true XXIII So much of this Act as relates to the returning of Jurors to be in force for Three years from the 1st of May 1693. and from thence to the end of the next Session of Parliament Corn. I. Stat. 1 W. M. Sess I. cap. 12. When Malt or Barley Winchester Measure shall be at 24 s. per Quarter or under Rye at 32 s. per Quarter or under and Wheat at 48 s. per Quarter or under in any Port of this Kingdom or Wales Merchants and others who shall put on Ship-board in English Shiping the Master and Two thirds of the Mariners being Their Majes●ies Subjects any sorts of the Corn aforesaid to Export the same beyond Sea shall bring Certificates under their Hands containing the quantity and quality of the Corn shipped to the Persons appointed to Collect the Customs in any such Port and upon Proof made of such Certificate by one or more Credible Persons upon Oath and upon Bond given by such Merchant or other Person in ●00 l. for every hundred Tuns of Corn so shipped and so proportionably that the said Corn dangers of the Seas excepted shall be Exported into Parts beyond the Sea and not be landed in England Wales Guernsey Jersey or Berwick shall receive from the Persons appointed to Collect the Customs as aforesaid for every Quarter of Barley or Malt ground or unground 2 s. 6 d. for every Quarter of Rye 3 s. 6 d. for every Quarter of Wheat 5 s. and shall pay no Custom nor any Fee or Reward for Corn so laden to be Exported And upon Certificate under the Common Seal of the Chief Magistrate in any Place beyond Sea or under the Hand and Seals of Two known English Merchants upon the Place that such Corn was there Landed or upon Proof by Credible Persons that such Corn was taken by Enemies or Perished at Sea the Examination and Proof thereof being left to the Receivers of the Customs the Bond shall be delivered up to be Cancelled And the Moneys so paid shall be allowed as paid to Their Majesties Courts I. Stat. 1 W. M. Stss 1. cap. 27. Whereas by a Statute made in the 34th and 35th years of the Reign of King H. 8. Entituled An Act for certain Ordinances in the King's Majesties Dominion and Principality of Wales It is Enacted That there shall be and remain a President and Council in the said Dominion and Principality of Wales and the Matches of the same with all Officers Clerks and Incidents thereunto in Manner and Form as hath been heretofore used and accustomed Which President and Council shall have Power and Authority to Hear and Determine by their Wisdoms and Diseretions such Causes or Matters as be or hereafter shall be Assign'd to them by the King's Majesty as heretofore hath been accustomed and used Be it Enacted that the said Clause be Repealed and that the said Court before the President and Council be dissolved and taken away II The Justices of the Great Sessions in Wales shall yearly Nominate Three Persons for each Shire in their Circuits to be Sheriffs of the same and certifie the same to the Lords of the Privy Council Crastino animarum that Their Majesties may appoint one of them to be Sheriff for that year III. Errors in Pleas personal within Wales shall be redressed by Writ of Error as Errors in Pleas real and mixt are appointed to be redrest by the said Statute of 34 and 35 of King H 8. IV. Judgments and Decrees passed in the said Court before the 1st Day of June 1689. shall remain in force and execution upon them in the same State in which they were before the making this Act. Crown-Office I. Stat. 4 5 W. M. cap. 22. No Corporations Lords of Manors or others having Grants by Charter or other good Conveyances who have
Tax made by virtue of this Act or by the determination of the Justices c. may have recourse to the General Quarter-Sessions whose determination therein shall be final XXVIII And whereas there are many common High-ways in the said Parishes which cannot be sufficiently supported without the help of this Act Be it enacted That one or more Assessment or Assessments upon the Inhabitants and Occupiers of Lands c. and Persons usually ratable to the Poor shall from time to time be made and allowed by such Persons as the Justices at their Quarter-Sessions shall direct and the Mony thereby raised to be employed and accounted for according to their direction towards the supporting such High-ways such Assessments to be levied by distress and sale of goods in case of non-payment within fourteen days after demand rendring the overplus Charges deducted XXIX No such Assessments to be made in any one Year shall exceed 4 d. in the Pound of the yearly value of Lands c. nor 8 d. for every twenty pound in personal Estate XXX New Sewers made since the 12th Year of King Charles II. in any the said Parishes shall be subject to the Commissioners of Sewers and the said Commissioners may direct the making of new Sewers and alter or take away any Nusances therein and any cross Gutters and Channels in any of the Streets and Lanes in the said Parishes XXXI Housholders within the Weekly Bills of Mortality whose Houses adjoyn to the Street from Michaelmas to Lady-day yearly shall hang out Candles or Lights from the time that it grows dark till twelve a Clock at night on pain to forfeit 2 s. for every default except such as shall agree to make use of Lamps to be placed at such distances as shall be approved of by two or more Justices of the Peace XXXII Every Truss of old Hay bought or offered to sale within the Weekly Bills of Mortality between the last of August and the first of June shall weigh 56 pounds at least and between the first of June and the last of August being new Hay of that Summers growth shall weigh 60 pounds and being old Hay of any former years growth shall weigh 56 pounds the Person offering any Hay to be sold of less weight to forfeit for every Truss 18 d. XXXIII No Persons shall suffer their Waggons Carts c. to stand in any place within the Weekly Bills of Mortality loaden with Hay or Straw to be sold from Michaelmas to Lady-day after two a Clock in the Afternoon nor from Lady-day to Michaelmas after three a Clock on pain to forfeit 5 s. for every such Offence XXXIV Justices of Peace in the Places aforesaid within their respective Limits may upon their own View Confession of the Party or proof of one credible Witness upon Oath convict Persons of the said Offences one moiety of the Forfeitures to the Poor and the other to the Prosecutor and in case of a Conviction by the View of a Justice of Peace one half to the relief of the Poor and the other half if for a default of payment towards the repairing and cleansing the Streets to be paid to the Scavengers to be imployed to that use or otherwise to the relief of the Poor as aforesaid all the said Penalties to be levied by distress and sale of Goods by a Justices Warrant to the Constable c. and for want of a distress or in case of non-payment within six days after demand or notice in Writing left at the Offenders House by the Constable c. the Offender not being a Peer shall be committed to the Common Gaol till payment XXXV The Wheels of Carts Carriages or Drays within the said Places where the Streets are paved shall contain six Inches in the Felley and shall not be wrought about with any Iron-work nor drawn with above two Horses after they are up the Hills by the Water-side Owners of Carts c. the Wheels whereof shall not be of that breadth or shod with Iron or drawn with above two Horses as aforesaid shall forfeit 40 s. for every time such Cart c. shall be used for the Uses and to be levied as aforesaid XXXVI This shall not extend to Country Carriages bringing Goods to the said Places or carrying any Goods half a Mile beyond the paved Streets XXXVII No Persons shall keep Swine within the Houses or Back-sides of the paved Streets where the Houses are contiguous upon pain of forfeiting the same to the use of the Poor of the Parish And Church-wardens Overseers of the Poor Constables Beadles Headboroughs and Tythingmen may in the day-time by Warrant from the Lord Mayor of London or any Justice of Peace of the place search for Swine and drive them away to sell the Mony to be delivered to the Church-wardens or Overseers of the Poor of the Parish for the use of the Poor XXXVIII The cleansing the Streets Lanes and Passages within London and the Liberties thereof shall be managed according to the ancient usage of the City XXXIX The Lord Mayor or any Alderman may upon his own knowledge or view in the General Quarter-Sessions make presentment of any such Offence within the City and Liberties thereof and the Lord Mayor and Justices of the City shall at the same Sessions assess Fines for the same not exceeding 20 s. for every Offence to be paid to the Chamberlain of London for the use of the City XL. In Actions c. commenced for what any Person shall do in pursuance of an Act made in the 22 and 23 Years of King Charles II Entituled An Act for the better paving and cleansing the Streets and Sewers in and about the City of London or this Act the Defendant may plead the General Issue and give the said Act and the Special Matter in Evidence and if the Plaintiff or Prosecutor become Non-suit or suffer a Discontinuance or a Verdict pass against him the Defendant shall recover treble Costs XLI The High-way leading from the East-side of Clerkenwell-Green to St. Johns Street shall be pav'd according to the direction of this Act. Militia I. Stat. 2 W. M. Sess 2. c. 12. An Act for the raising the Militia of this Kingdom for the Year 1691. though the Months Pay formerly advanced be not paid II. Stat. 3 4 W. M. cap. 7. An Act for raising the Militia of this Kingdom for the Year 1692. although the Months Pay formerly advanced be not repaid III. Stat. 3 4 W. M. cap. 6. If at any time before the 25th day of March 1694. their Majesties shall think it necessary for the safety of this Kingdom to draw out the Militia into actual Service and the same be signified to the Lieutenants Deputy-Lieutenants and Warden of the Cinque-Ports It shall be lawful for them notwithstanding that one or more Months Pay before that time advanced be not reimbursed to draw out the Souldiers of the Militia into actual Service and to cause the Persons charged to