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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

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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-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
procured In which case such Arbitration or Umpirage shall be void and set aside by any Court of Law or Equity so as such corruption or undue Practice be complain'd of in the Court where the Rule is made for such Arbitration before the last day of the next Term after such Arbitration made and published to the Parties Blackwell-Hall I. STat. 8 9 W. 3. cap. 9. Enacted That after the 1st of May 1697. the Governours of Blackwell-hall and their Deputies shall strictly observe and keep the following Times and Rules viz. The publick Market of Blackwell-hall shall be held every Thursday Friday and Saturday from eight of the Clock in the Forenoon till twelve and from two of the Clock in the Afternoon till five the said hours of beginning and ending the said Market shall be known by ringing the Market Bell in the said Hall the same to be continued Weekly through the whole Year except days of Humiliation or Thanksgiving and the Keepers of the said Hall shall not admit any buying or selling of any Woollen Cloth at the said Hall upon any other days or hours than as aforesaid upon the penalty of 100 l. II. The said Governours c. shall appoint to the Countrey Clothiers the most convenient Room in the said Hall for the sale of their Cloth and Warehouse Room for Lodging and safe keeping the same paying the Ancient Duties of the said Hall and no more III. No Factor or any Person whatsoever other than the Owner of the Cloth shall sell or expose to sale out of the said Market of Blackwell-hall any Cloth directed to be brought to the said Market or any Factor there upon penalty of 5 l. for every Cloth so sold IV. The Hall-keepers Clerks and Master-Porters of the said Hall shall take care that the Rules and Orders appointed by this Act be put in Execution and shall diligently and faithfully keep their weekly Registers of all Clothes bought and sold there in which Books they shall truly enter the names and habitation of the Owners Buyers and Sellers and times of Sale and Factor or other person buying or selling of every Cloth to which said Books it shall be lawful for the Clothiers their Agents or Servants at all convenient times to have recourse without Fee V. Any Hall-keeper Clerk or Master-Porter neglecting his Duty herein shall for every Offence forfeit 10 l. Every person after the said first of May buying any Cloth of any person except of the Owner otherwise than for ready Money the person selling shall within twelve days after the sale and delivery of the same take or demand of the Buyer a Note testifying under the Buyers hand the Cloth sold and the Sum of Money sold for payable to the Owner and shall deliver such Note on demand to the Owner or any person authorized by him to receive the same on pain to forfeit to the Owner of the Cloth sold double the Value thereof for every neglect of so doing And if any such Buyer upon trust shall refuse or neglect to give such Note upon request at any time next after eight days after sale and delivery he shall forfeit for every such Offence 20 s. for every Cloth so sold to the Owner and every piece of Cloth not returned within eight days after delivery of the same shall be deemed to be passed and approved of by the Buyer as a Merchantable Cloth and all Contracts and Agreements for allowing a longer time for the passing of any Cloth shall be Void VI. All forfeitures and penalties imposed by this Act may be sued for by Action of Debt Bill Plaint c. in any of his Majesties Courts of Record in which no Essoin c. and but one Imparlance shall be allowed and if not otherwise herein before disposed of one Moiety to the King the other to the Informer VII Provided if the Owner of the Cloth neglect to sue for any of the penalties by the space of six Months then any other person may sue for the same and one Moiety shall be to the King the other to the Informer VIII Every known or reputed Factor for selling Cloth in the said Market of Blackwell-hall shall before the 24th of June 1697. if requested by any Clothier give and deliver a true Account in Writing of the Effects of such Clothier which now are or before the first of May 1697. shall be in the hands of such Factor and the particular Clothes of such Clothier sold by such Factor and the sums of Money due to such Clothier by any Contract of such Factor and of the names and abodes of such persons from whom such sums are due and if any such Factor shall refuse or neglect so to do he shall forfeit to the person to whom he ought to give such Account 10 l. to be recovered as aforesaid Bridgwater I. Stat. 9 10 W. 3. cap. 12. For inlarging repairing and preserving the Bridge and Key of the Borough of Bridgwater in Com. Somerset it is Enacted That for fourteen years after the first of May 1698. Every Master or Person having the Command of any Ship or Vessel Unlading on the said Key or into any Barge Boat Hoy or Lighter to pass through the said Bridge shall pay at the Unlading thereof as follows viz. II. For every Weigh of Coals according to the measure used there Last of Wheat Rye Barley Malt and other Grain and for every Weigh of Salt and every Tun of any other Goods or Merchandizes whatsoever and so proportionably for a greater or lesser Quantity Imported and Unladen in the said Port such sum not exceeding twelve pence Inclusive of all Keyage Wharfage Pontage and Cranage heretofore payable as the Mayor Aldermen Burgesses and Commonalty of the said Borough and their Successors in Common Council assembled shall from time to time order or appoint III. The said Mayor Aldermen Burgestes and Commonalty so assembled as aforesaid during the said fourteen Years may choose such persons to be Collectors of the Money so to be appointed to be paid as they shall think fit which Collectors shall pay the same to the Receiver of the Profits of the said Borough to the use of the said Mayor Aldermen Burgesses and Commonalty for the purpose aforesaid and no other use whatsoever IV. There shall be Eight or any Five of them Commissioners to take the Accounts of the Receipts and Disbursements of the Moneys so Collected during the said Term Four of which shall be yearly nominated by the Mayor Aldermen Burgesses and Commonalty in Common Council assembled and the other Four by the Justices of the Peace for the said County of Somerset at the respective Quarter Sessions of the Peace which Commissioners or any five of them may from time to time Require the Collectors who shall receive the Moneys in pursuance of this Act to render them a true Account of the Moneys which shall rest due upon such Account which they shall order to be laid out for
Contributions for the said Tickets And if such Contributions before 24 June 1697. be not sufficient to pay the said Loans with Interest such Loans shall be satisfied out of the Duties on Malt brought in in specie And so many Tickets not deliver'd out as are equal to such Principal Money unsatisfied to be Cancelled and the rest Drawn and proportion'd accordingly Which Money so Lent to His Majesty to be part of the Sum appropriated to his Majesties Houshold and other his necessary Occasions LIX Every Round Bushell 8 Inches and ½ wide throughout and 8 Inches deep shall be esteem'd a Winchester Bushel LX. The 1400 l. in Hammer'd Money paid into the Custom-house of Exon by Daniel Ivry and Henry Arthur Merchants before 4 May last shall be receiv'd by Tale by the Collector there and be carried to the Mint to be Coin'd into Mill'd Money Hawkers and Pedlars Vide Taxes Stat. 8 9. W. 3. cap. 25. Hay Market I. STat. 8 9. W. 3. cap. 17. After 25 March 1697. Every Cart Load of Hay that shall stand to be Sold in the Street called the Hay-Market in the Parishes of St. Martins in the Fields and St. James's within the Liberties of Westminster shall Pay 3 d. and every Cart Load of Straw 1 d. in ease of the Parishioners of the said Parishes for and towards the Paving and Amending the said Street II. Every Cart Load that Pays and is not Sold shall not Pay the next Market Day for standing III. Upon refusal of Payment the Offenders Goods may be Distrain'd by Warrant of any Justice of Peace of Middlesex or Westminster and Sold within Three Days after Distress returning the Overplus IV. The said Street shall be Construed to extend in Length from the Old Toll Post at the upper end of the Hay-Market to the Phaenix Inn at the lower end and in Breadth from Kennel to Kennel which shall be esteemed the Bounds of the said Market V. A Hand-Bell shall be Rung by the Toll-gatherer about the Market Twice a Day on every Market Day viz Tuesday Thursday and Saturday weekly at One Hours Distance to give Notice of the time of ending the Market according to the Stat. 2 W. M cap. 8. In default of such Ringing Persons Selling Hay or Straw shall the next immediate Market Day Stand and Sell Toll-free VI. All Forfeitures given by the foresaid Act shall be Demanded in the said Market by the Bell-Ringer on the same Day on which they are incurr'd and Complaint shall be made of the Offence to some Justice of the Quorum in Westminster before the next succeeding Market Day or else no person shall be liable to such Forfeitures VII The Collectors of the said Toll shall yearly at every Easter Sessions give to the Justices of Peace of the said County and City a particular Account upon Oath of their Receipts and Disbursements and the Overplus to go to the County of Middlesex High-ways I. Stat. 8 9 W. 3. cap. 15. The Justices of Peace at their next Sessions for the County of Surrey shall Appoint Surveyors of the High-ways for the year ensuing pursuant to the Statute 3 4 W. M. cap. 12. who shall meet and Survey the Lanes leading from Woodhatch Borough to Sidlow Mill and Salmons Cross in the Parish of Ryegate and the Lanes called Horsehill and Bonehurst and Petteridge in the Parish of Horley in the County of Surrey and make their Certificates thereof to the Justices who thereupon shall make such Orders in and about the same as to them shall seem good II. The Surveyors shall require such Carts and Persons as are liable to work in the High-ways to work in the respective Places paying according to the usual Rate of the Country III. Where there is not sufficient Gravel Chalk Sand or Stones to be found in the proper Parish the Surveyors or whom they shall Appoint may Dig Take and Carry away the said Materials By direction of the Justices out of the Waste or Common of any Neighbouring Parish paying a reasonable Satisfaction for the same and filling up the Ground if directed or desired IV. The Justices at their special Sessions shall Appoint one or more Receiver or Receivers of Toll viz. Of every Horse 1 d. Coach 6 d. Calash or Chariot 6 d. Waggon or Cart 6 d. Score of Sheep or Lambs 1 d. and so proportionably Score of Calves 2 d. Score of Hogs 2 d. and so proportionably for a greater or lesser Number not being under Five Score of Oxen or Neat Cattel 6 d. and so proportionably that shall pass through the said Way after the passing of this Act. The Place for Collecting the said Tolls to be at such convenient Place upon the High-way in or near the said Lanes as the Justices of Peace at their special Sessions shall appoint V. The Receivers or Collectors of the said Toll shall give a monthly Account upon Oath to one or more of the next Justices to be Return'd to and Examin'd by the Justices at the next special Sessions The Horse Cart c. of any Person refusing to pay the said Toll may be Distrain'd and Detain'd till the Toll and Damages of Distress be satisfied VI. The Surveyors shall at the next special Sessions Account to the Justices in Writing under their Hands for all Moneys Receiv'd of the Collectors and Disbursements in or about the said High-ways Paying the Overplus to the Surveyors for the year ensuing And the Justices shall make Allowances to them for their Care and Pains as to them shall seem good VII If the Collectors of the Toll shall not upon request duly pay the same to the Surveyors or in case the Surveyors shall not make such Account and Payments as the Justices shall Order the Justices upon due Proof may Imprison the Offenders VIII The Surveyors or the more part of them by Order of the Justices at their Special Sessions may engage the Profits arising by the said Toll by Indenture under their Hands and Seals for any Term not exceeding Fifteen years to any Persons who shall Lend any present Sum of Money at 6 per Cent. Which Money so Advanced shall be Distributed by the Iustices at their Special Sessions for the Purposes aforesaid IX Such as neglect or refuse having no Lawful excuse to take upon him the Office of Surveyor being thereunto chosen shall be Fined by the Justices not exceeding 5 l. to be Levied by Distress and Sale of Goods and in such case or in case of Death some other Person to be chosen Surveyor X. All Fines and Forfeitures Incurr'd by virtue of this Act shall be paid to the Surveyors for the time being for and towards the Repairing the said Lanes XI Actions brought against any Person for any thing done in pursuance of this Act shall be laid in the said County of Surrey and not elsewhere the Defendant may Plead the General Issue and give the Special Matter in Evidence c. and in case the Cause goes
for the Defendant he shall have double Costs XII Persons passing the Place where Toll is taken and returning the same day shall not Pay Toll twice nor shall Persons pay who pass with Carriages from any next adjoyning Parish going to Market or in Matters of Husbandry nor Soldiers upon their March nor Persons Riding Post XIII Persons Chargeable by Law towards Repairing of the said High-ways shall still remain so XIV This Act shall be of force no longer than for Twenty years and if the said Lanes shall be sooner amended and so adjudged by the Justices at their Quarter Sessions then after payment of the Money Borrowed the aforesaid Toll shall cease XV. The Justices of Surrey and also the Justices of Sussex shall yearly at the Epiphany Quarter Sessions if they think fit appoint Three Persons of each County to view the said Lanes and examine the Surveyors Accounts and in case they find any misapplication of the Moneys Levied by this Act to certifie the same to the Judges at the next Assizes for the County of Surrey who are to hear and finally determine the same XVI Stat. 8 9 W. 3. cap. 16. For enlarging Common High-ways It is Enacted that the Justices of Peace of any County City c. or the major Part of them Five at least at their Quarter Sessions may enlarge or widen any High-ways in their respective Counties c. So that the Ground to be taken into the said High-ways do not exceed Eight Yards in Breadth and that they do not pull down any House nor take away any Ground from Garden Orchard Court or Yard XVII For Satisfaction of the Owners the said Justices shall Impannel a Jury and Administer an Oath to them that they will Assess such Damages and Recompence to the Owners or others Interested in the Ground not exceeding 25 Years Purchase as they shall think reasonable c. And upon payment of the said Money so Awarded or leaving it in the Hands of the Clerk of the Peace of the County for the Use of the Owner the Interest of the said Owner shall be divested out of him and the said Ground shall be esteemed a Publick High-way to all Intents whatsoever XVIII And the said Justices shall order Assessments to be made and Levied upon all such persons that ought to Repair the said High-way and the Money thereby Raised shall be Imploy'd towards Purchasing the Land to enlarge the said High-ways and making Ditches and Fences The said Assessments to be Levied by the Overseers of the High-ways by Distress and Sale of Goods if not paid within Ten Days after Demand XIX No such Assessment shall in one Year exceed the Rate of 6 d. in the Pound for Lands nor 6 d. in the Pound for personal Estates XX. The said Justices at the Request of any Person for enlarging High-ways shall at their Quarter Sessions Issue out their Precepts to the Owners of Ground to be Laid to the said High ways to Appear and shew Cause why the said High-ways should not be enlarged XXI After an Order or Decree is made for the Laying out of Ground for enlarging High-ways the Owner hath Liberty in Eight Months after to Cut down any Wood or Timber growing upon the said Ground or upon neglect the Justices shall Sell it and deliver to the Owner the Value XXII Persons Agrieved by Order of the Justices may Appeal to the Judges of Assize at the next Assize only who may Affirm or Reverse the same and if they see cause to affirm to Award Costs against the Appellant XXIII Where any Common High-way shall be enclosed after a Writ of Ad quod Damnum Issued and Executed any person Injured or Agrieved by such Inclosure may Complain to the Justices at the Quarter Sessions next after such Inquisition who may hear and finally determine the same c. But if no such Appeal be made then the said Inquisition and Return Recorded by the Clerk of the Peace to be for ever Binding XXIV Justices of Peace at their respective special Sessions to be held by Virtue of the Stat. 3 4 W. M. cap. 12. in such Cases as they shall think necessary shall direct their Precepts to the Surveyors of the High-ways where Two or more Cross High-ways meet requiring them to erect where such Ways joyn a Stone or Post with an Inscription directing to the next Market Town to which each of the said Cross Ways lead And in case the Surveyor or Surveyors neglect or refuse so to do for the space of Three Months every such Offender shall Forfeit 10 s. to be Levied by Warrant of one Justice directed to the Constable requiring him to Distrain and Sell the Goods of such Offender and Imploy the Money to the said Purpose XXV Stat. 9 10 W. 3. cap. 18. The Justices of Peace at the Quarter Sessions for the County of Gloucester or any Five of them next after 1 May 1698. may then and every Year nominate and appoint Surveyors of the ruinous High-way and Road from the Town of Birdlipp and the Top of Crickley-Hill in the County of Gloucester to the City of Gloucester for the Year ensuing out of the Inhabitants of the adjacent Parishes who within one Week after Notice given them of their Election are to meet in their several Divisions to Survey the same and consider the best Method for Repair thereof and Certifie the same to the Justices at the next Quarter Sessions who thereupon shall make such Orders about the same as to them shall seem good which shall be observed by the said Surveyors and all others concerned in putting this Act in Execution XXVI The said Surveyors may appoint such Carts and Persons within the said adjacent Parishes to come and Work in the said respective Places as they shall think needful for which the Surveyors shall pay the usual Rate of the Countrey in case they shall be required to Work beyond the times limited by the Statutes XXVII Where there is not sufficient Gravel Sand or Stones in any Parish or Hamlet where the said ruinous places lye to Repair the same the said Surveyors and such as they shall appoint may dig and carry away any Gravel Sand or Stones out of the Waste or Common of any Neighbouring Parish or Hamlet without paying for the same and in Default thereof may dig the same in any persons Grounds not being an House Garden Orchard Yard or Meadow or Avenue to an House making only such reasonable satisfaction to the Owner or Occupier of such Ground as the Damage sustained thereby XXVIII The said Justices at the Quarter Sessions may appoint Receivers or Collectors of the Toll to be paid towards the said Work viz. For every Horse One Peny Every Stage Coach or Hackney Coach One Shilling Every other Coach Calash or Chariot One Shilling Every Wagon Six Pence Every Cart Six Pence Every Score of Hogs or Pigs Three Pence and so proportionably for a greater or lesser Quantity not under