Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	defendant_n	judgement_n	plaintiff_n	1,537	5	10.2622	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A39465	A continuation of the abridgment of all the statutes of K. William and Q. Mary, and of King William the Third, in force and use begun by J. Washington of the Midd. Temple Esq. ; revised and continued after his death to the end of the session of Parliament, 27 April, 1696 and now further continued, from the beginning of the second session of the Third Parliament, 20 October 1696, to the end of the third and last session of the said Third Parliament, 5 July, 1698 ; with two new tables.; Laws, etc.	England and Wales.; Washington, Joseph, d. 1694.	1699 (1699)	Wing E901; ESTC R10134	164,075	204

the Action shall not abate if such Action might be originally Prosecuted against his Executors or Administrators and the Executors or Administrators of such Plaintiff after such Interlocutory Judgment may have a Scire facias against the Defendant if Living or if Dead against his Executors or Administrators to shew cause why Damages should not be Assest and Recovered against him or them and if he or they do not appear at the Return and shew sufficient Cause to Arrest the Final Judgment or being Returned Warned or upon Two Writs of Scire facias it being Return'd that the Defendant had nothing whereby to be Summon'd or could not be found a Writ of Enquiry of Damages shall be Awarded which being Executed and Return'd Judgment final shall be given for the said Plaintiff his Executors or Administrators VII If there be Two or more Plaintiffs or Defendants and one dye if the cause of Action survive to the surviving Plaintiff or against the surviving Defendant the Writ or Action shall not abate but such Death being suggested upon the Record the Action shall proceed VIII In all Actions after the said 25 day of March Prosecuted in any of the Kings Courts of Record upon any Bond or Penal Sum for Non-performance of Covenants the Plaintiff may Assign as many Breaches as he shall think fit and the Jury at the Tryal shall and may Assess Damages for such of the said Breaches so Assigned as the Plaintiff at the Tryal shall prove Broken and the like Judgment shall be Entred on such Verdict as hath been usually done in such Actions And if Judgment be given for the Plaintiff upon Demurrer Confession or Nihil dicit the Plaintiff upon the Roll may suggest as many Breaches as he shall think fit upon which shall Issue a Writ to Summon a Jury to Appear at the Assizes of that respective County to inquire of the truth of every one of those Breaches and to Assess Damages accordingly and the Justices of Assize shall make a Return thereof to the Court from whence the same Issued In case the Defendant after such Judgment Entred and before Execution Executed shall pay into Court such Damages so Assessed and Costs of Suit a stay of Execution shall be Entred upon Record Or if by reason of Execution Executed the Plaintiff or his Executors or Administrators shall be fully paid all such Damages together with his Costs and reasonable Charges the Body Lands and Goods of the Defendant shall be forthwith discharg'd and the Satisfaction enter'd upon Record Yet shall such Iudgment stand and be as a further Security to Answer to the Plaintiff his Executors c. such Damages as shall or may be sustain'd for further Breach of any Covenant in the same Deed or Writing contain'd upon which the Plaintiff c. may have a Scire facias upon the said Judgment against the Defendant his Heir Terre-Tenants Executors or Administrators suggesting other Breaches and to Summon them to shew Cause why Execution shall not be Awarded upon the said Judgment upon which there shall be the like Proceedings as aforesaid and upon payment of Damages and Costs Proceedings to be again stay'd and so toties quoties and the Defendant discharg'd out of Execution Taxes I. STat. 8 W. 3. cap. 6. All persons of what estate degree age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed not receiving Alms shall pay unto his Majesty his Heirs and Successors within the space of One Year from 25 Jan. 1696. the sum of 4 s. 4 d. by Monthly payments of 4 d. per Month reckoning 28 days to each Month the first payment to be 22 Feb. 1696. II. Over and above which Duty of 4 d. per Month all Servants and Journeymen except Day-Labourers having 4 l. per ann Wages or upwards and not exceeding 8 l. per ann shall pay for the same 13 d. per l. for One Year by like Monthly payments of 1 d. per l. And for more than 8 l. per annum Wages and not exceeding 16 l. per ann the sum of 2 s. 2 d. per l. by like Monthly payment of 2 d. per l. And for more than 16 l. per ann Wages the sum of 4 s. 4 d. per l. by like Monthly payments of 4 d. per l. III. All persons having or claiming any Pension Annuity Stipend or other yearly payment out of the Exchequer or any Branch of his Majesties Revenue except Rents issuing out of Lands Tenements or Hereditaments or charged upon the same and such Annuities as are or shall be exempted by Act of Parliament shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. IV. All persons that have or are to have receive or enjoy any Salary Fee or Wages or any Perquisites Allowances Poundage Gratuities Rewards Emoluments Income or Profits whatsoever arising by any Commissions Offices or Imployments Ecclesiastical Civil or Military under his Majesty his Heirs or Successors or under the Queen Dowager the Prince or Princess of Denmark or under Lords of Manors or any other persons and all their Clerks Deputies Assistants and Substitutes except Military Officers in Muster in the Army Navy or Ordnance shall pay for the same 4 s. 4 d. per l. for One Year by like Monthly payments of 4 d. per l. V. All Sergeants at Law Barristers Attorneys Sollicitors Publick Notaries Scriveners Chancellors Commissaries Officials Registers Advocates Proctors Apparitors or practising as such Brokers to Merchants Factors and other persons acting by Commission from Merchants All Practicers in Physick and Chirurgery Apothecaries and all other Professions not charged by the last foregoing Clause shall pay 4 s. 4 d. for One Year for every 20 s arising by their Practices or Professions by like Monthly payments of 4 d. per l. VI. All persons having any Estate in Ready Money or in Debts at Interest within or without the Realm or owing upon Mortgages Judgments Statutes Recognizances Bonds Bills Notes or other Securities for Money at Interest except Loans and Debts from his Majesty and Arrears of Rent shall pay 25 s. for One Year for every such 100 l. by Twelve Monthly payments of 2 s. 1 d. for every 100 l. and so proportionably for a greater or lesser Sum a Farthing per l. each Month the first payment to be 25 Febr. 1696. And thenceforth the 25th day of each Kalendary Month deducting only such Debts as are really and bona fide owing from such person or persons at Interest VII All persons using or exercising any Trade Mystery Occupation or business of Merchandising Shopkeeping or other Buying or Selling by wholesale or Retail shall pay 50 s. for One Year for every 100 l. value in Goods Wares Merchandizes Commodities Manufactures or Vendible Stock and proportionably for a greater or lesser Value by Twelve like Kalendary Monthly payments of a Halfpeny for every Pound value or 4 s. 2 d. for every

the Parish of St. Giles in Colchester XV. Provided That all Goods c. unloaden out of any Ship or Vessel at Wivenhoe and not brought to Colchester or within the Liberties thereof or Laden at Wivenhoe and not first Carried from or through Colchester or the Liberties thereof shall not be liable to the said Duties Oath being made thereof if required before such Collector or any Custom-house Officer XVI The said Mayor and Commonalty by Indenture under their Common Seal with consent of the Commissioners may engage the Profits arising as aforesaid for any Term not exceeding 21 Years to any persons that will upon such Security advance Money for Carrying on the said Work for securing the Repayment thereof with Interest not exceeding 6 per Cent. XVII Provided That if before the end of 21 Years sufficient Moneys shall be raised for the purposes aforesaid and so adjudged by the Commissioners that then after Repayment of the Money so borrowed with Interest the said Duties shall cease XVIII Provided That upon Dispute touching the Weight and Quantity of the Goods liable to the said Duties the Collector may weigh the same and if they prove more than the Collector did insist upon the Owner shall bear the charges of weighing XIX If any persons be proseeuted for Acting in pursuance of this Act they may plead the General Issue and give this Act and the Special Matter in Evidence And if the Prosecutor be Nonsuit or Discontinue or a Verdict or Judgment pass against him the Defendant shall recover Costs XX. Provided That if a New Cut be made through the said Earl of Kents Land called Gravel-Pit-Land it shall be at the Election of the said Earl to have the Value of the Land so severed or to keep the same And if the said Earl shall within Twelve Months after such severance signifie his Election to keep the same the Right thereof shall be Vested in the said Earl and the said Mayor and Commonalty c. shall make a Wall and Bank cross the present Old Chanel at both ends thereof which said Old Chanel shall also be Vested in the said Earl XXI Provided That this Act take not away any Persons Right of Fishing in the said River Salt I. Stat. 9 10 W. 3. cap. 6. After 25 Mar. 1698. No Badger Retailer or other person making or dealing in Salt or buying Salt to sell again shall sell or dispose of any Salt in England or Wales and Town of Berwick otherwise than by Weight after the Rate of 56 Pound Weight to the Bushel and not by measure or any other manner upon Forfeiture of Five Pounds to the Informer who shall prosecute for the same II. The Forfeitures and Offences against this Act shall be determined by any two or more Justices of Peace residing near the place where such Offence was committed But persons agrieved may appeal to the Justices at the next General Quarter Sessions whose Judgment therein shall be final III. All Justices of Peace upon complaint of Offences contrary to this Act are to Summon the Party accused and upon proof of the Matter of Fact by Oath of two or more Witnesses or Confession of the Party to give Judgment and issue out Warrants for Levying such Forfeitures on the Goods and Chattels of the Offender to be sold if not redeemed in six days rendring the Overplus and for want of Distress to Imprison the Offender till satisfaction be made IV. When any Salt shall be Entred to be put on Board any Boat Ship or Vessel or carried by Land and the Duty paid or secured together with all Moneys then or before due and payable by Bond or otherwise on Account of Salt delivered the proper Officer shall upon due Notice by himself or Deputy in the Day time between Sun-rising and Sun-setting attend the Weighing out such Salt without loss of time to the persons that shall Ship off or carry the same upon Forfeiture of 40 s. to be recovered as other Penalties in this Act are directed Seamen I. Stat. 8 9. W. 3. cap. 23. All such persons who by virtue of the Act made the last Session of this Parliament For the Increase and Incouragement of Seamen 7 8. W. 3. cap. 21. are Intituled to the Provisions and Advantages in the Hospital in the said Act mentioned and out of the Revenues thereof shall from time to time be placed in the said Hospital upon Certificates to be produced as by the said Act is directed in succession as the person registred shall be in Course and Order of time upon the Registry Book and the Widows and Children of the persons longest registred before others II. Every Seaman or Mariner who have Liberty and shall be willing to register themselves as by the said Act directed after the 10th of April next bringing such Certificate as the said Act directs under the hand of any one Justice of Peace of the County where he lives may and shall be registred and himself Wife Widow and Children be Intituled to all Advantages given by the said Act as if the Certificate were under the hands of two Justices according to the said Act. The Justice or Justices giving such Certificate are required diligently to enquire into the truth of the same and if occasion be to examine the party upon Oath and if any fraud or deceit appears to certify the Admiralty thereof III. Any persons already registred or who shall hereafter be registred and who then were or shall after be raised to the degree of a Masters Mate in any of the Kings Ships their Wives Widows and Children are declared and enabled to enjoy all and every the Benefits and Advantages given to any other person so registred by the said recited Act. IV. After the said 10th of April all Seamen above the Age of 50 years and who shall appear by the Books of the Navy Office to have served on Board any of the Kings Ships for seven years last past without wilful Disserting shall upon producing Certificates as aforesaid under the hands of one or more Justices of Peace be registred and have and enjoy the several Privileges in the said Act mentioned V. Provided that after the 10th day of April 1699. No Seaman above the Age of 50 years shall be admitted to register himself without giving such Reasons for his omitting to do it during the time of such Service on Board as shall be approved by the Admiralty or Navy or by the persons appointed for keeping the said Register VI. It shall be Lawful for the Commissioners appointed for Registring Seamen by Warrant under their Hands and Seals to cause all Masters and Commanders of Ships not in his Majesties Service to appear before them and discover upon Oath the Number Rates Salaries Wages and Times of Service of all and every persons or person serving in such Ships or Vessels and which by the foresaid Act are obliged to pay 6 d. per mensem out of their Salaries and Wages And if any

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

Proof upon Oath before the next Justice of Peace that the same was duly Entred and a Warrant for Conveyance obtain'd it shall likewise be Forfeited And the Persons so Carrying the same away shall Forfeit to His Majesly double the Value and also 10 s. per Bushel LXXVII No Retailer or Shopkeeper shall ship any Salt for any Port of this Kingdom before Oath or other Proof made before the Collectors that the Duty is Paid or Secured LXXVIII Masters of Ships Carrying Salt or Rock-Salt from one Port to another shall before they have a Warrant for Landing it Deliver to the Collectors Particulars thereof upon Oath and that no more hath been Laded since their coming out of Port and upon Landing any Part thereof at any other Port shall have a Certificate thereof or Forfeit double the Value so Landed and also 10 s. per Bushel LXXIX No Fees shall be taken for Debentures Tickets Warrants or Licenses touching the said Duties LXXX Provided that for Fish exported there be allowed over and above all former Allowances For every Cask of Pilchards er Scads from 1 July 1698 to 25 December 1699. 20 s. and after 24 December 1699. 28 s. For every Barrel of White Herring from ● July 1698. to 25 December 1699. 4 s. 2 d. And from 24 December 1699. 5. s. 10 d. For every Barrel of Red Herring from 1 July 1698. to 25 December 1699. 3 s. 4 d. and after 24 December 1699. 4 s. 8 d. For every Barrel of Salmon from 1 July 1698. to 25 December 1699. 8 s. 4 d. and after 24 December 1699. 11 s. 8 d. For every Hundred of Codfish Ling or Hake after 1 July 1692 and before 25 December 1699. 25 s. and after 24 December 1699. 35 s. For every Last of Dried Red Sprats after 1 July 1698. 6 s. 8 d. LXXXI Which Allowances shall be Paid by the Salt Collector in the Port from whence such Fish is Exported within Thirty Days after Demand upon a Debenture duly verified and Oath made that the Fish was English taken and really Exported beyond Sea And if the Collector have not sufficient Money to pay the same upon his Certificate the Commissioners of Excise shall be Chargeable therewith out of the first Money in their Hands on the said Salt Duties And any Officer neglecting or refusing to pay the said Money or give such Certificate shall forfeit double the Sum payable LXXXII Upon Exporting any Salt Foreign or English or Rock-Salt the Officer where such Salt was Made or Imported and the Duty Paid or Secured shall deliver Certificates thereof gratis and the Officer at the Place of Exportation shall thereupon give a Debenture for Repayment of the Duty by the Officer where it was before Paid or Secured LXXXIII All Salt Imported or Brought into England Wales or Berwick not there Made shall pay as Foreign Salt and Scotch Salt brought into England by Land shall be entred at Carlisle or Berwick under forseiture of double the value and also 10 s. per Bushel LXXXIV Persons Sued for any thing done in pursuance of this Act may Plead the General Issue and give the Act in Evidence and if the Plaintiff he Cast Nonsuit or forbear Prosecuting the Desendant shall have double Costs LXXXV No Writ of Certiorari shall supersede the Orders of the Commissioners of Excise or Justices of Peace touching the Duties on Salt LXXXVI No Salt shall be Delivered from any Salt-works without Notice given to the Officer on Pain of Forfeiture and also 10 s. per Bushel One half to the Prosecutor the other to the King LXXXVII If any Exported Salt after the Duty has been repaid be Landed in this Kingdom before the Duty be again paid the Offender shall forfeit double the value thereof and 10 s. per Bushel LXXXVIII Subjects of this Realm shipping Salt for any part of England in a Ship perishing at Sea or taken by Enemies upon proof thereof before the Justices in Session of the loss of such Salt shall be allowed to buy the like quantity without Duty LXXXIX Salt-Rock or Rock-Salt after Entry and a Warrant may be removed to convenient Ware-houses and the Duty need not be paid or secured till sold and delivered XC No Person shall be obliged by any Contract made before 25 Dec. 1698. to deliver any Salt or Rock Salt unless the Buyer pay the Duty XCI Salt-Rock or Rock-Salt shall be Entred by Weight only at 120 pound weight to the Bushel XCII Refiners of Rock-Salt which had paid the Duty shall have an Abatement over and above any former Allowances of 2 s. 4 d. per Bushel XCIII The charge of managing this Duty on Salt may be paid out of the said Duties XCIV Salt made from Rock-Salt allowing the Drawback and all Refined Salt Imported or Made in England is to be charged with the said Duties XCV All Salt except Rock Salt shall be ascertained as to the Duty at 56 pounds weight to the Bushel XCVI All Salt brought from Scotland and all Imported and Home-made Salt brought in or landed before due Entry shall be forfeited and 10 s. per Bushel XCVII The Collectors of the said Salt Duties shall provide Scales at every Salt-work and Persons living near such Salt-works or Salt-pits shall be Sworn Weighers and paid for the same by the Collectors XCVIII The Officers shall deliver as many Warrants or Permits to Salt Carriers as they desire gratis for what they shall Load at one time XCIX All Persons shall sell Salt except foreign Salt after 56 pound weight to the Bushel under Penalty of 5 l. to the Informer C. The Lord Mayor and Court of Aldermen in London shall by to July 1698. ascertain the price of Salt within the City of London and Bills of Mortality And the Justices of Peace in their General Sessions for other Places by 1 Aug. 1698. And so from time to time if necessary And Persons selling for higher prices or refusing to sell at the prices settled shall forfeit 5 l. to be Levied by Distress and Sale of Goods by Warrant from the Lord Mayor aforesaid or a Justice of Peace of the Place who in default of a Distress may Imprison the Offender till payment thereof one Moiety to the King the other to the Prosecutor CI. The Commissioners of Excise and Commissioners for the Stamp Office respectively shall keep apart and pay Weekly into the Exchequer the Duties on Salt by this Act granted and the Additional Duties on Stampt Velum Parchment and Paper granted to his Majesty his Heirs and Successors by an Act of this present Session and a distinct Register thereof shall be kept in the Exchequer CII The Commissioners for managing the said Duties not paying the same duly into the Exchequer or misapplying any part thereof shall forfeit their Places and be uncapable of any Place of Trust and pay double the value so misapplied CIII In the Excise Office and Stamp Office there shall for ever be Commissioners and Comptrollers for the Execution