this Act at 5 s. 4 d. per oz. shall be Melted down and Coin'd into Mill Money and applied and placed to the Accounts of the particular Revenues to which the same did belong and shall be disposed accordingly so far as it will extend without being diverted to any other Use than such as the same is appropriated unto by Parliament XXI Stat. 8 9. W. 3. cap. 26. For preventing the Counterfeiting the Coin It is Enacted That after 15 May 1697. no Smith Ingraver Founder or other person whatsoever except such as are Imploy'd in his Majesties Mints for the use of the said Mints only or persons Lawfully Authorized by the Lords of the Treasury shall knowingly make or mend any Punchion Counter-punchion Matrix Stamp Dye Pattern or Mold of Steel Iron Silver or other Metal or of Spaud or Fine Founders Earth or Sand or other Materials whatsoever by which shall be Made or Impressed the Figure Stamp or similitude of both or either side of any Gold or Silver Coin Current within this Kingdom or make or mend any Edger Instrument or Engine contrived for making of Money round the Edges with Letters Grainings or other Marks resembling those on the Edges of Money Coin'd in the Kings Mint nor any Press for Coinage or Cutting Engine for cutting round Blanks nor knowingly buy sell or hide or without Lawful Authority or Excuse have in his House or Possession any such Tool or Instrument before mention'd And any person whatsoever except as before who shall offend in any the matters aforesaid every such Offender his Aiders and Abetters shall be guilty of High Treason XXII If any person after the said 15 May shall without Lawful Authority wittingly Convey out of any of the Kings Mints any of the said or other Instruments used about Coining of Money there or any useful part of such Instruments such persons so Offending their Aiders and Abetters shall be guilty of High Treason XXIII If any person other than such as are Imploy'd in the Kings Mints or who have Authority from the Lords of the Treasury shall after the said time mark on the Edges any the Current Coin of this Kingdom or any Diminisht Coin of this Kingdom or any Counterfeit Coin resembling the Coin of this Kingdom with Letters Grainings or other Marks like those on the Edges of Money Coin'd at the Kings Mint every such Offence shall be High Treason and the Offenders shall suffer accordingly XXIV If any person after the said time shall Colour Guild or Case over with Gold or Silver or any Wash or Materials producing the Colour of Gold or Silver any Coin resembling the current Coin of this Kingdom or any Round Blanks of base Metal or of course Gold or Silver of the size of Mill'd Money or Guild over silver Blanks to be Coin'd into pieces resembling the current Gold Coin of this Kingdom every such person his Aider and Abetter shall be guilty of High Treason XXV If any Punchion Dye c. used or designed for Coining or Counterfeiting of Gold or Silver Money shall at any time after the said 15 May be hid conceal'd or found in the House or Possession of any person not imploy'd in some of the Kings Mints or having the same by some Lawful Authority any person may seize the same and carry them forthwith to some Justice of Peace to be produced in Evidence against the person who shall or may be prosecuted for such Offence and after such producing in Evidence the same shall be totally defaced and destroyed by Order of Court or in the presence of the same or some other Justice of Peace XXVI And if after the said 15 May any counterfeit or diminisht Money shall be produced in Evidence or otherwise that immediately after such producing the said Money shall be cut in pieces in open Court or in the presence of some Justice of Peace and then deliver'd to the Rightful Owner XXVII If any person after the said time shall Blanch Copper for sale or mix Blancht Copper with Silver or knowingly buy or sell or offer to sell such or buy or sell any Malleable Composition or Mixture of Metals or Minerals which shall be heavier than Silver and look and wear like Standard Gold but be manifestly worse than Standard or shall receive pay or put off any counterfeit Mill'd Money or Mill'd Money unlawfully diminisht and not cut in pieces at a lower Rate than the same by its denomination shall import every such person shall be guilty of Felony and suffer Death as in case of Felony XXVIII This Act shall not extend to make any Corruption of Blood or loss of Dower And all persons who after the said 15th of May shall be accused of any Treason or Felony by this Act shall be tried in such manner as is used against Offenders for Counterfeiting the Kings Money XXIX All and every the Crimes mention'd in an Act made 6 7 W. 3. Intituled An Act to prevent Counterfeiting and Clipping the Coin of this Kingdom may be heard and determined upon Indictment or Presentment either in the Court of Kings Bench or before the Justices of Assize XXX This Act to continue and be in force till the end of the next Session of Parliament and no longer and no prosecution shall be made upon this Act unless commenced within Three Months after the Offence committed XXXI Stat. 9. W. 3. cap. 2. After 10 Jan. 1697 no Hammered Silver Coin of this Kingdom shall be esteemed the lawful Coin of this Realm nor be current in any payment at any Rate or Value by Weight or otherwise nor shall the Tender of any such Hammer'd Silver Money after the said 10 Jan. be deemed a good Tender in Law nor the Refusal thereof in any payment be adjudged a Refusal of the lawful Coins of this Kingdom XXXII Provided that any persons may carry into any of the Mints in the Tower of London or in the Cities of Bristol Exeter Chester Norwich and York before 1 Mar. 1697. any Old Hammer'd Money to be Recoined And the Master or Worker of every such Mint or his Deputy is to receive the same and cause it to be melted down and Recoin'd into the lawful Coins of this Kingdom and pay back the same so Recoin'd by 25 Mar. 1698. to the several Importers XXXIII The Commissioners of the Treasury or any three of them may cause new Exchequer Bills to be made forth and deliver'd to such persons as shall demand them in lieu of such Bills as shall be brought in filled up with Indorsements which Old Bills shall be cancelled and kept apart from all other Bills whatsoever And such New Bills shall have the like Currency and the same punishment shall be inflicted for Forging or Counterfeiting the same and they shall be subject to the same Rules Methods and Continuance as the Old Bills were and shall bear the same Numbers Dates Principal Sums and Rate of Interest per diem as were born on the Old
Session of Parliament unless they shall be sooner Bailed or Discharged by Six of the Privy Council Iuries I. Stat. 8 9 W. 3. cap. 10. It shall be lawful at any time before the 1st of Nov. 1697. for all Sheriffs or Coroners of Counties where Lists have not been Returned pursuant to the Act made the first Sessions of this present Parliament Intituled An Act for the Ease of Jurors and better Regulating of Juries to make Returns of Jurors in all Cases as they might have done before the making of the said Act. And from and after the Feast of S. Michael 1697. all Justices of the Peace are Required and Commanded at their Sessions of the Peace next before the Feast of S. Michael yearly to Issue forth Precepts to the respective Constables within their respective Counties or Divisions requiring them to make such Return of Persons to Serve upon Juries as by the said Act is directed Iudicial Proceedings I. Stat. 9 10 W. 3. cap. 16. The High Court of Chancery Court of Exchequer at Westminster or Court of Great Sessions in the respective Counties in Wales where the Cause or Causes Originally arose may issue forth Execution or Executions and other Processes upon every Judgment or Decree given or made in the Court held before the President and Council of the Marches of Wales before 1 June 1689. as if such Judgment or Decree had been given or made in either of the said Courts of the Exchequer or Grand Sessions II Provided That the said Courts have power to Review Rehear Reverse or Affirm the said Judgments and Decrees Iustices of Peace I. Stat. 8 9 W. 3. cap. 33. The Act made 5 6 W. M. Intituled An Act to Prevent Delays of Proceedings at the Quarter Sessions of the Peace shall be and is continued and made Perpetual II. After the 21st of April 1697. the Party prosecuting any Certiorari to remove an Indictment from the Quarter Sessions may find two sufficient Manucaptors to enter into a Recognizance before any one of the Justices of the Kings Bench in the same Sum and under the same Condition as are required by the former Act whereof mention shall be made on the Back of the Writ under the Hand of the Justice who took the same which shall be as Effectual to stay Proceedings as if taken before a Justice of Peace in the Proper County and it shall be added to the Condition of the Recognizance that the Party Suing out the Certiorari shall appear from day to day in the Court of Kings Bench and not depart till discharged by the said Court London I. STat. 8 9 W. 3. cap. 37. After 10 April 1697. all and every person and persons inhabiting in the Out Parishes of Middlesex and Westminster and Liberties thereof in the Borough of Southwark or in the Streets Lanes or Alleys comprized in the Weekly Bills and in the Town of Kensington shall Weekly on Wednesday and Saturday at the least between the hours of Six and Nine in the Forenoon cause to be swept and cleansed all the Streets Lanes Alleys and publick places before their respective Houses Buildings and Walls as well as of Churches and other publick places that the Dirt and Soil in the Streets may be heaped ready for the Scavenger to carry away upon pain to forfeit 10 s. for every Offence II. If any Conviction upon this Act or that of 2 W. M. Sess 2. cap. 8. shall be by view or knowledge of a Justice of Peace then one half of the penalty shall be to the Poor the other if for default of Pavement towards repairing the same and cleansing the Streets to be paid to the Scavenger otherwise to the relief of the Poor III. Where one side of a Street or Lane lies within the Bills of Mortality and the other side without the Justices of Peace may cause the respective Inhabitants to Pave that other side under the same penalty as if the same had been within the Bills of Mortality IV. The aforementioned Act of 2 W M. and the Clause therein against the Breeding Feeding or Keeping of Swine in the Backsides of the Paved Streets of the said Cities c. shall after 10 April 1697. be effectually put in execution against all persons whatsoever who shall presume to keep any manner of Swine so far as the Contiguous Buildings of the said Streets shall extend or within 50 yards thereof V. Where there is any Liberty Precinct or Vill within the Weekly Bills that uses to repair their own High-ways and also perform days work to other High-ways and are or shall become unable then after the said 10th of April the Justices of Peace at their special Sessions to be held every Four Months may allow so many days work as the said Justices shall think fit to be imployed by the Inhabitants of such Liberty c. in repairing the High-ways within such Liberty c. and the residue of the days Work as such Inhabitants are liable to do shall be imployed in repairing the other High-ways VI. So much of the Ancient High-way leading from Tottenham-Court near St. Giles's Pound towards Tiburn as is now built on both sides thereof shall be hereafter repaired paved and maintained by such persons as have heretofore used to repair pave and maintain the same under the Penalties aforesaid VII Sir Robert Clayton Sir William Ashhurst Sir Richard Onslow Bart. Denzil Onslow Esq Anthony Bowyer Esq Charles Cox Esq John Arnold Esq Samuel Lewyn Esq Thomas Wymondesal Esq William Gulston Esq Francis Wilkinson Esq Thomas Roffey Esq John Riches Esq Sir John Fleet Sir John Parsons Sir James Houblon Sir Rich. Levett Spencer Cooper Esq Joseph Scriven Esq or any 11 of them shall have Power and Authority to treat and agree with the Owners of such Houses on or near the South end of London Bridge as they shall think fit to be removed rebuilt or pulled down or any part of them and upon payment of such Money as shall be agreed on to appoint Workmen to pull down the said Houses or cause the said Owners to rebuild accordingly VIII And this Act shall indempnify the said Commissioners and all persons Authorized by them as if the same had been sold by Deed and done by Fine and Recovery or any other way And if any person or persons shall wilfully refuse to treat and agree as aforesaid or through Nonage or other Disability cannot in such cases the said Commissioners may issue out a Warrant or Warrants to the Sheriffs of London and Surrey to return a Jury before the said Commissioners or any 11 of them which Jury are upon their Oaths to enquire and assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and Occupiers of any such Houses and such Verdict of the Jury and Judgment of the Commissioners thereupon and the Legal payment or tender of the Money so awarded shall be binding against the Parties their Heirs
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
Tanned Tawed Dressed or Made into Leather CXCIII All Collarmakers Glovers Bridlecutters and others who Taw or Make Leather in oyl Allom or Salt and Cut and Make the same into Wares are Accounted Tawers or Makers of Leather within this Act. But shall not be obliged to carry such Wares to Market but forthwith to enter such Leather with the proper Officer before it be made into Wares and to make Oath of the value thereof and pay the Duty for the same CXCIV But if they shall make such Leather into Wares before Entry thereof and the Duty paid or Sell any such Leather and not first make the same into Wares they shall forfeit for every such Offence 5 l. CXCV. Every Tanner Leather Dresser Currier Leatherseller Shoemaker Coachmaker Collarmaker Bridlecutter Sadler and other Maker Dresser Merchant Dealer or Worker in Leather shall pay 12 l. 10 s. per Cent. for the Stock of Leather in their Possession or elsewhere to their Use the said 20 April not made into Wares to be answer'd within Three Months after the said 20 April CXCVI. And to that end shall deliver a Particular of the same in Writing Sign'd to the proper Officer who may enter into any Shops Warehouses c. to take an Account thereof and view the same and shall be permitted so to do under penalty of 20 l. And the Officer being satisfied of the quantity and value of such Stock not made into Wares is to Collect the said Duty accordingly giving Acquittances gratis But if the said Duty be not paid within three Months nor in that time Secured to be paid within three Months after then to Levy the same by Distress CXCVII Provided that if such Duty be paid within three Months an Allowance be made for Prompt Payment after the Rate of 10 per Cent. per Annum And upon controversie such Stock to be valued by the Oath of the Owner made in Writing before a Justice of Peace and delivered to the Officer who if he thinks the King apparently defrauded may take the same to his Masesties Use at the value specified paying down ready Money CXCVIII. Every person neglecting to give in such a Particular by the 1 May 1697. or fraudulently omitting or carrying away any of the said Stock before the Duty be paid or secured shall forfeit 20 l. and the said Stock not given in or fraudulently omitted or concealed or carried away shall be also forfeited and seized CXCIX Upon Exporting any such Leather Boots or Shoes or other made Ware and Giving Security not to Reland the same in this Kingdom the Customer or Collector shall give the Exporter a Certificate thereof CC. And upon producing such Certificate for any Hides Backs or Buts of Leather to the Collector who Received the said Duties and proving upon Oath that such Goods so Exported are the same for which the said Duties were paid the Collector or Commissioners for the said Duty on Leather shall repay the Exporter two thirds of the said Duty CCI. And upon a like Certificate for any Boots Shoes or other made Ware Exported and like proof of payment of the Duty for the Leather so converted into Boots Shoes c. the Exporter to be repaid 5 per Cent. ad Valorem to be affirm'd by the Oath of the Exporter CCII. But upon Relanding any of the said Goods in England so Shipped for Exportation the same and Treble the value thereof shall be forfeited CCIII For Discharging the Sum of 140000 l. for making good the Annuities charged upon the late Duties of Tunnage and a further Sum of 140000 l. for making good the Annuities charged on the Duties on Salt any persons Natives or Foreigners having an Estate for one Life in an Annuity of 14 l. per Annum Purchased for 100 l upon the Acts mentioned in the Act for Annuities Anno 6 7 W. 3. may before 24 June 1697. pay Four Years Purchase or Fifty six Pounds more for changing or converting such single Life into a certain Term for the Residue of 96 Years from 25 Jan. 1695. or for a further Interest in the said 96 Years after the single Life and in the same proportion for higher or larger Annuities CCIV. And if the persons Intituled to such Annuities for Life do not before the said 24 June change the same into a Term certain or for a future Interest then any other persons may before 29 Sept. 1697. Purchase the Remaining Term after the Life in being at the same rate of Four Years Purchase or Fifty six Pounds for each 14 l. per Annum CCV Provided That such persons as are Intituled to any Arrears between 17 May 1696. and 17 May 1697. upon the Annuities charged on the said Duties on Tunnage or Salt and shall upon their Orders Talleys or Lottery Tickets for such Arrears Discharge his Majesty so much as will Purchase such further Interest or Term as aforesaid shall thereupon be Intituled to such Annuities so Purchased CCVI. And the Directions of the said former Act for the Establishing any matter relating to such Annuities shall be Revived and Observed CCVII. The Moneys arising by the Purchase of such further Estates in the said Annuities shall go to the payment of the Arrears of Annuities charged on the Five Sevenths and Two Sevenths of the Tunnage Duties and on the Salt Duties Incurred between 17 May 1696. and 17 May 1697. proportionably CCVIII All the clear Moneys arising by the said Duties on Leather shall be Appropriated to pay off the Remainder of 564700 l. yet unpaid Lent on Credit of the Act Anno 6 7 W. 3. for Granting certain Duties on Glass Wares Stone and Earthen Bottles Coals and Culm and the Interest thereof and shall be Weekly brought into the Exchequer for that purpose and not Diverted to any other Use CCIX. And so much of the said Sum of 564700 l. and Interest as the said Duties on Leather for Three Years shall fall short of shall be paid to the Lenders thereof out of any the next Aids which shall be Granted in Parliament after the said Three Years and so much of the 280000 l. as the said Contributions for Annuities shall fall short of shall be paid unto the respective Proprietors out of the First Aids to be Granted in Parliament after 29 Sept. 1697. CCX Stat. 8 9 W. 3. cap 25. Enacted That from the 24th of June 1697. until the 25th of June 1698. there shall be paid to his Majesty his Heirs and Successors by every Hawker Pedlar Petty Chapman or other Trading Person going from Town to Town or to other Mens Houses within England Wales or Town of Berwick carrying to sell or exposing to sale any Goods Wares or Merchandizes a Duty of 4 l. and every person so Travelling with a Horse Ass or Mule or other Beast bearing or drawing Burthen shall pay the Sum of 4 l. during the foresaid time for every Horse Ass or Beast he or she shall Travel with over and above the first mentioned 4
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
Five Every Score of Oxen or Neat Cattle Eight Pence and so proportionably for every greater or lesser Number To be paid from the passing of the Act by all persons who shall Travel with Horse Coach Cart or Wagon or shall lead or drive any Oxen or other Cattle beforementioned in and through the High-way aforesaid to the said Collectors or Receivers at some convenient place on the said High-way between the Top of Birdlipp and City of Gloucester where a Turn-pike or Gate may be set up as the Justices shall appoint XXIX Every Receiver or Collector shall if Required give in a weekly Account upon Oath to one or more of the Justices to be returned to the Justices at the Quarter Sessions to Examine and make such Order therein as to them shall seem meet XXX Any person refusing or neglecting to pay the said Toll on Demand the Collector or Receiver may Distrain and Detain such Horse Cart Coach Calash Chariot Wagon Oxen Hogs and other Cattle till the Toll be paid with Damages in making the Distress Which Money so received shall be paid to the Surveyors towards mending the said Ruinous Places in the said High-ways and not elsewhere XXXI The said Surveyors at the Quarter Sessions next after the end of their Year shall give an Account to the Justices of their Receipts and Disbursments that the Overplus of the Money if any may be paid to the succeeding Surveyors towards amending the said High-ways or Repaying the Money Lent before hand And such Allowances shall be made by the Justices to the Surveyors and others assisting in the said amending or advancing Moneys thereto as to them shall seem meet XXXII If the Collector or Receiver shall not duly pay the Surveyors or if the Surveyors shall not make the payments Ordered by the Justices then the Justices at the Quarter Sessions shall enquire thereinto upon Oath and Commit the persons Convicted thereof to Goal till they have made a true Account and Payment XXXIII The said Surveyors for the time being by Order of the Justices or any Five of them may Ingage the Profits arising by the said Toll and by a Levy upon the respective Parishes pursuant to the Act made 3 4 W. M. for the better Repairing and Amending the High-ways and for Settling the Rates of Carriage of Goods or by any other Act for the Moneys by them borrowed for that purpose and may under their Hands and Seals Transfer the said Profits for any Term not exceeding Fifteen Years to such as will upon that Security Advance the Money so Lent with Interest And the Justices shall Distribute the said Money to any persons giving Security to Repair and Amend the said High way in the proportions aforesaid XXXIV Any person without Lawful excuse neglecting or refusing to take upon him the Office of Surveyor being thereunto chosen or to do his Duty therein may be Fined by the Justices not exceeding 5 l. And in such case or in case of Death some other person shall be appointed Surveyor by the Justices or two of them Which Fines and Forfeitures shall be paid to the Surveyors towards Repairing the said High-ways XXXV If a Suit be Commenced for any thing done in pursuance of this Act the Action shall be laid in the County of Gloucester only and the Defendant may Plead the General Issue and give this Act and the Special Matter in Evidence and if the Action be laid elsewhere or the Plaintiff be Non Suit or Discontinue his Action or have Judgment against him upon Demurrer the Defendant shall have Double Costs and Charges XXXVI No person passing where the Toll is taken and returning the same day shall pay a second time and persons passing through the said place from any adjoyning Parish may carry Stones Lime Gravel Dung Mould or Compost and Carts with Hay not sold or going to Market or Corn in the Straw at Hay time or Harvest Ploughs Harrows and other Implements of Husbandry and Stock of Cattle belonging to the Lands of the respective Parishes shall pass the said place without paying as also all Soldiers on their March and the Carts Wagons and Coaches attending them and all persons riding Post XXXVII All persons Chargeable by Law towards Repairing the said High-ways shall still remain so XXXVIII This Act shall not be in Force longer than Twenty Years from 24 Jun. 1698. And if before the Expiration of the said Term the said High-ways shall be sufficiently amended and so adjudged by the Justices at their Quarter Sessions then upon repayment of the Moneys borrowed the said Toll shall cease XXXIX No Turnpike shall be Erected nor Toll Demanded till Security given to the Justices at the Quarter Sessions that the said High-way shall within Five Years be sufficiently Repaired XL. The persons so giving Security shall have full power to Levy for Twenty Years after 24 Jun. 1698. Six Pence in the Pound with the Arrears thereof on all the Parishes adjoyning to the said High-way towards the Repairing thereof and shall cause to be done by the Parishioners within the said Parishes all that is required by the forementioned Act of 3 4 W. M. for the better Repairing the High-ways or by any other Act And if the Toll Granted by this Act with the Sum Charged on the said Parishes be not sufficient to Repair the said High-way within the time limited the persons so giving Security shall Levy and Collect Two Pence in the Pound on the Hundred and Hundreds in which the said High-way or any part thereof doth lye to be Levied by Distress and Sale of Goods if not paid within Ten days after Demand And if the persons so giving Security shall not do what is required of them by this Act they shall forfeit 100 l. per Ann. to such person as shall sue for the same XLI The persons so having given Security in case the said High-way shall not be sufficiently Repaired or Certified so to be by the Justices of the Peace for Herefordshire or Ten of them by the time limited in their Security shall over and above the Sums they shall be bound for Forfeit 500 l. One moiety to the Repairing the said High-way the other to such person as shall Sue for the same XLII The Toll shall not be Demanded by virtue of this Act unless the Security given to the Justices of Peace of Gloucestershire at the Quarter Sessions shall be approved of by Five Justices of Peace for Herefordshire under their Hands and Seals Imprisonment I. STat. 9 W. 3 cap. 4. Enacted That Counter John Bernardi Robert Cassells Robert Meldrum James Chambers and Robert Blackburne being in Newgate for a Traiterous Conspiracy to Assassinate his Majesty together with such other persons as shall hereafter render themselves or be apprehended and against whom Oath shall be made of their being concerned in the said Conspiracy shall be Detained and Kept in Custody without Bail or Mainprize till 1 Jan. 1698. and to the end of the next
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
Appeal shall be Determined or to whom such notice had been given such Costs and Charges as the said Justices shall think reasonable and if the person order'd to pay such Costs shall live out of the Jurisdiction any Justice of the Peace where such person shall Inhabit may and shall upon request and a true Copy of the Order for payment produced and proved upon Oath cause the Money mentioned in that Order to be Levied by Distress and in case no Goods can be found to Commit the person to Prison for Twenty Days IV. No unmarried person not having Child or Children lawfully hired into any Parish or Town for one year shall be deemed to have a good Settlement in such Parish unless he shall continue in the same Service during one whole year V. Where any poor Children shall be Appointed to be bound Apprentices pursuant to the Act of 43 Eliz. cap. 2. the Persons to whom they are appointed to be bound shall receive and provide for them according to the Indenture and upon refusal so to do upon Oath thereof made by a Churchwarden or Overseer before Two Justices he or she so Offending shall Forfeit 10 l. to be Levied by Distress and Sale of Goods to be Applied to the use of the Poor of the Parish where such Offence was Committed Saving to such persons their Appeal to the next Quarter Sessions for that County whose Order therein shall be final VI. After the 1 of May 1697 the Appeal against any Order for the Removal of any Boor person shall be had at the Quarter Sessions of the County or Division wherein the Parish or Place from whence such Person shall be removed doth lie and not elsewhere VII Nothing in this Act to extend to make void any promise already made to receive and take back any persons in case they should become poor or want Relief VIII Nor be construed to hinder the Justices of Peace within the Liberty of St. Albans from Hearing and Determining Appeals in their Quarter Sessions as they might have done before the making this Act. IX Stat. 9 10 W. 3. cap. 11. For Explaining the Act made the last preceding Session Intituled An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom whereby it was Enacted That such persons as after 1 May 1697. shall come into any Parish or Place to Inhabit or Reside should at the same time deliver to the Church-wardens or Overseers of the Poor there a Certificate as by the Act directed It is Declared That no persons who shall come into any Parish by any such Certificate shall be adjudged by any Act whatsoever to have procured a legal Settlement in such Parish unless such persons shall bona fide take a Lease of a Tenement of 10 l. per Annum or shall legally be placed in and execute some Annual Office in such Parish Prisons and pretended Privileged Places I. Stat. 8 9 W. 3. cap. 27. After 1 May 1697. All Prisoners in the Kings Bench or Fleet on Contempt Mesne Process or Execution shall be actually detain'd within the said Prisons or the Rules of the same till discharged by Law II. If after 1 May 1697. the Keeper of any Prison suffer any Prisoner Committed on Mesne Process or Execution to be out of the Rules except on a Habeas Corpus or Rule of Court it shall be deem'd an Escape III. After 1 May every person obtaining Judgment in an Action of Escape against the Marshal or Warden of the said Prisons of the Kings Bench and Fleet shall have not only the Remedies already allowed by Law but if such Judgment was obtain'd without fraud upon a real Debt the profits of the said Marshal or Warden or some fit part thereof shall be Sequestred towards Satisfaction of the said Debt with Costs and Damages IV. And after the said 1 May such Marshal or Warden Suing forth a Writ of Error for delay only shall put in special Ball or no Execution shall be stayed V. If the Keeper of any Prison take Money to connive at any Escape he shall Forfeit 500 l. and his Office VI. This Act shall not make void the Securities given by Prisoners for their Lodgings without the said Prisons of the Kings Bench and Fleet being within the Rules of the same VII After the said 1 May No Retaking shall be given in Evidence in an Action of Escape unless specially Pleaded and Oath made by the Keeper of the Prison That such Escape was without his Consent But if such Affidavit prove false such Keeper shall Forfeit 500 l. VIII If after 1 May any Prisoner in Execution Escape the Creditor may retake such Prisoner by any New Capias or may Sue forth any other kind of Execution IX Every Keeper's refusing after one days notice to shew the Prisoner in Execution to the Creditor or his Attorney shall be judged an Escape X. Persons desiring to Charge any Person with an Action or Execution shall at their request have a Note in Writing from the Keeper of the Prison whether such person be a Prisoner or not under Forfeiture of 50 l. And such Note shall be sufficient Evidence XI All Conveyances and Mortgages of the Inheritance of the said Prisons of Kings Bench and Fleet and their Appurtenances and all Leases thereof and the Titles of the Marshal and Warden or other Proprietor thereunto and all Trusts and Declarations of Trust touching the same shall be Inrolled before the 24 of June 1697. viz. That of the Kings Bench in the Kings Bench Court and that of the Fleet in the Common Pleas and also all such Conveyances c. for the future within six Months after executing the same or else to be void XII After the said 1 May the Offices of Marshal of the Kings Bench Prison and Warden of the Fleet shall be Executed by the Persons to whom the Inheritance of those Prisons c. belongs or their sufficient Deputies for whom the persons having such Inheritances shall be answerable and the said Inheritances and Profits shall be subject to make satisfaction upon Escapes and the Misdemeanors of such Deputies XIII After the said 1 May any Person having Cause of Action against the Warden of the Fleet may File a Bill in the Common Pleas or Exchequer and a Rule being given to Plead thereto within Eight Days Judgment shall be Sign'd against the said Warden if he Plead not within Three Days after such Rule is out XIV After the said 1 May Any person having Cause of Action against any Prisoner in the Fleet entring a Declaration and delivering a Copy thereof to such Prisoner in any personal Action or to the Turn-key or Porter of the Fleet after a Rule to Plead to be out at Eight Days and Oath made before a Judge of the Delivery of such Declaration may Sign Judgment against such Prisoner or Defendant XV. After the said 1 May No Prisoners shall pay Chamber Rent in the Kings Bench
or Fleet Prisons longer than while they are actually in possession of such Chambers and not above 2 s. 6 d. per Week and if the Keeper of any Prison take more to Forfeit 20 l. XVI After the said 1 May All persons having Moneys owing from any person in any pretended Privileg'd Place as White Fryars Savoy Salisbury Court Ram-Alley Mitre Court Fullers Rents Baldwyns Gardens Mountague Close or the Minories Mint Clink or Deadmans Place may upon a Legal Process taken out Require the Sheriffs of London and Middlesex the Head Bayliff of the Dutchy Liberty or the High Sheriff of Surrey or Bayliff of Southwark or their Deputies or Officers to take the Posse Comitatus and Arrest such person or Seize their Goods upon Execution or Extent And such Sheriffs or Officers neglecting or refusing to Forfeit to the Plaintiff 100 l. And every person Opposing or Resisting such Officers shall Forfeit 50 l. and be sent to Goal till the next Assizes c. and suffer such Imprisonment and be set in the Pillory as the Court shall think fit XVII And if any Rescous be made of any such Prisoner the persons aiding therein shall respectively Forfeit to the Plaintiff 500 l. XVIII Which Forfeiture with Costs of Suit not being paid within One Month after Judgment for the Recovery thereof the person so refusing or neglecting shall be Transported to some of the Plantations for Seven years and returning again within the Seven years to be guilty of Felony without Benefit of Clergy XIX And the persons inhabiting within any such pretended Privileg'd Places harbouring any person who shall have made such Rescous shall be Transported as aforesaid unless they pay the Plaintiff the whole Debt and Costs within One Month after Conviction XX. The Penalties in this Act to go one half to his Majesty and the other half to the Prosecutor XXI This Act shall be taken to be a general Law and not necessary to be set forth in Pleading Any person Sued for putting it in Execution may Plead the general Issue and give the Act in Evidence and if upon a Verdict Discontinuance or Demurrer Judgment pass for the Defendant he shall have double Costs XXII Saving to Martha Johnson Widow and her Children their Claim to the Houses and Shops belonging to the Fleet. And this Act not to lessen the Security for Money out of the Mashalship of the Kings Bench Prison made by William Lenthall Esq to Sir John Cutler Bart. decased or to his Executor Edmund Boulter Esq XXIII And saving to Anthony Smith Mariner his Heirs c. their Claim to the Office of Warden of the Fleet or to the Prison or Houses and Shops thereto belonging after a Mortgage made thereof by Thomas Bromhall unto Henry Norwood Esq with a Proviso for Thomas Norwood Surviving Executor of Henry Norwood touching a Mortgage of the said Office of Warden for 2153 l. And for John Clements Gent. for a like Mortgage for 2299 l. XXIV All Deputations c. made heretofore by William Lenthall Esq of the said Office of Marshal of the Marshalsea of the Kings Bench Prison are declared void and all succeeding Marshals shall be appointed by the said William Lenthall with the Consent of Edmund Boulter Esq till the Debt owing to the said Edmund Boulter as Executor to the said Sir John Cutler be satisfied Religion I. STat. 9 10 W. 3. cap. 32. For Suppressing Blasphemy and Profaneness It is Enacted That such persons as having been Educated in or having made Profession of the Christian Religion within this Realm and shall by Writing Printing Teaching or Advised Speaking deny any one of the Persons in the Holy Trinity to be GOD or shall assert or maintain there are more Gods than One or shall deny the Christian Religion to be True or the Holy Scriptures of the Old and New Testament to be of Divine Authority and be thereof lawfully Convicted shall for the First Offence be incapable to have or enjoy any Offices or Imployments Ecclesiastical Civil or Military or any part in them or profit by them and the Offices Places and Imployments enjoyed by such persons at their Conviction shall be Void And being a second time Convicted of any the aforesaid Crimes shall be Disabled to Sue Prosecute Plead or Use any Action or Information in Law or Equity or be Guardian of any Child or Executor or Administrator of any person or capable of any Legacy or Deed of Gift or to bear any Office Civil or Military or Benefice Ecclesiastical for ever within this Realm and shall suffer Three Years Imprisonment from the time of such Conviction without Bail or Mainprize II. No person shall be Prosecuted by Virtue of this Act for Words spoken unless the Information be given upon Oath before some Justice of Peace within Four days and the Prosecution be within Three Months after such Information III. Persons Convicted of any of the said Crimes shall for the First Offence upon Renouncing such Erroneous Opinions in the Court where Convicted within Four Months after Conviction be Discharged from all Penalties and Disabilities incurred by such Conviction Rivets I. Stat. 9 10 W. 3. cap. 19. For cleansing and making Navigable the Chanel from Hithe at Colchester to Wivenhoe It is Enacted That for 21 Years from 1 May 1698. All Merchants or Owners of Goods Wares and Merchandizes that shall be brought into the River and Chanel commonly called Colne and shall be Landed at or Shipped from Wivenhoe or the New Hithe in Colchester or between either of the said places shall pay to the Collectors to be chosen towards the cleansing and making Navigable the said River and Chanel the Duties hereafter expressed viz. For every Bay Say or Perpetuane One Half peny per piece For every Tun of Timber six pence For every Tun of Chalk for Lime three pence For every Tun of Paving Stone six pence For every Tun of all other kind of Stones or of Tobacco-pipe Clay Ashes or Pan Tyles and for every Chalder of Fullers Earth or Chalder of Sea Coal twelve pence For every Tun of Oyl three shillings For every Tun of Wines or Brandy five shillings And for every Tun of all other Goods Wares and Merchandizes two shillings and so proportionably for a greater or lesser Quantity of the foresaid Goods to be paid before the said Goods c. shall be Landed and Delivered out by the Merchant or Owner to the Uses aforesaid II. All which Money shall be paid to the Collectors upon Demand to be by them paid over to such person as shall be appointed the General Receiver by the Mayor Aldermen Assistants and Common Councel of the Borough of Colchester for the Uses aforesaid III. In case of Failure of payment of the said Duties the Collectors so soon as such Goods c. shall be Landed or Delivered out or Laden into any Ship or Vessel may Distrain so much of the said Goods as may answer the said Duties with Costs and Charges of
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
of the Wood shall at the next Attachment or Swain-mote Court be presented And upon proof thereof made two or more of the Verderers shall Fine such persons for every such Offence not exceeding 5 l. and send the Party to Goal for three Months or till payment of the Fine to the High or Under-Steward of the said Forest one Moiety to the Informer the other to be accounted for as his Majesty shall think fit VII All Persons punished by this Act shall not be punished by any other Law for the same Offence VIII This Act shall not alter the Forest Laws except as before mentioned IX All persons having any Right of Common of Pasture or Pannage or any Privileges within the said Forest shall enjoy their Right of Pannage between 14 Sept. and 11 Nov. after Michaelmas 1716. and not before on forfeiture of any Hogg Pigg or Swine that after Michaelmas next and before the time aforesaid shall be found in the Wastes of the said Forest And their Common of Pasture is continued to them in the said Wast Ground of the Forest when not Inclosed except in the Fence month viz. 15 days before and after Midsummer and in the Winter Heyning viz. from 11 Nov. to 23 Apr. subject to the Forest Laws as they might have enjoyed the same before the making of this Act Saving also to the adjacent Inhabitants their ancient right of Fuel provided they do not sell or dispose of any part thereof nor take the same in other manner than they ought nor by reason of any Claim not allowed according to the Forest Laws before 27 Eliz. X. If any persons take any Grant of the said Inclosures or Wastes or any Woods or Trees growing thereon every such Grant shall be void and the persons incapable to hold the same and shall forfeit treble the Value of such Grant to them which shall first sue for the same and shall also be incapable of holding any Office or Imployment whatsoever XI When any Sale of Wood shall be within the Forest publick notice thereof shall be given by the proper Officers in the adjacent Market Towns three weeks at least before such Sale and the proper Officers shall before the Sale give notice to two or more of the Verderers of the Valuation made and the person who shall offer most Money over and above the Valuation making his Proposal in Writing and giving Security for payment of the Money shall be the Purchaser XII No Officer shall take any Fee or Gratuity for Felling Trees to be cut down for the Inclosures or upon Sale of the residue of such Trees or of the Lops Tops or Roots of the said Trees XIII Any Officer offending in cutting down and disposing of Trees contrary to this Act shall forfeit his Office XIV Stat. 9 10 W. 3. cap. 37. The Sum of 570000 l. having been appropriated for the Building and for the Guns Rigging and Furnishing of 27 Ships of War out of one third part of the Moneys arising by an Act made 2 W. M. Intituled An Act for Granting to their Majesties several Additional Duties of Excise upon Beer Ale and other Liquors for Four years from the time that an Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of One Year doth expire and by a preceding Act therein mentioned which Additional Duties were by several Clauses in an Act 3 4 W. M. Intituled An Act for Raising Money by a Poll payable Quarterly for one year for the carrying on a Vigorous War against France continued till 17 May 1697. for the Uses directed by the former Act And the said 27 Ships having been built and furnished except one Third Rate now building at Chatham and the Moneys appropriated being sufficient with an Overplus so much of the said Overplus as shall remain in the hands of the Treasurers of the Navy shall be applyed to the use of his Majesties Navy and so much as shall remain in the hands of the Treasurer or Paymaster of the Office of the Ordnance shall be applied to the Service of that Office relating to the Navy and the said Treasurers shall be accountable for the same accordingly And all such Stores bought for the said Ships as shall be more than necessary for that purpose shall be applied to the Service of his Majesties Navy and Ordnance and the proper Officers shall be accountable for the same I. Stat. 8 9 w. 3. cap. 13. The Act made 4 5 W. M. Intituled An Act for Punishing Officers and Soldiers who shall Mutiny or Desert their Majesties Service and for Punishing False Musters and for Payment of Quarters shall continue in Force from 10 Apr. 1697. to 10 Apr. 1698. and no longer II. And the Act made in the Fifth and Sixth years of King William and Queen Mary Intituled An Act for continuing the Act for punishing Officers and Soldiers who shall Mutiny or Desert their Majesties Service and for punishing False Musters and for payment of Quarters for one Year longer shall continue in Force from the said 10 April 1697. to 10 Apr. 1698. and no longer III. And the Act made in the Sixth and Seventh Years of the Reign of his present Majesty King William Intituled An Act for continuing two former Acts for punishing Officers and Soldiers who shall Mutiny or Desert his Majesties Service and for punishing false Musters and for payment of Quarters for one Year longer And also an Act made in the 7th and 8th Years of his said Majesties Reign Intituled An Act for continuing several former Acts for punishing Officers and Soldiers who shall Mutiny or Desert his Majesties Service and for punishing False Musters and for payment of Quarters for one Year longer shall continue in force from 10 Apr. 1697. to 10 Apr 1698. and no longer IV. Every Officer Commanding in Chief shall within twenty four hours after his coming into Quarters make publication by Sound of Trumpet or Beat of Drum in the Market-place or other Publick place how much shall be allowed every Soldier to be trusted above his Allowance for Diet Hay and Straw and how that no Shop-keeper shall trust any private Soldier for Goods without leave in Writing from the Officer commanding in Chief on pain of Forfeiting the Sum so intrusted And the Officer commanding in Chief omitting to make such Publications to be liable to pay the Debts so contracted V. One or more Justices of the Peace shall upon Complaint regulate the Quartering and Billetting of Soldiers VI. From 10 Apr. 1697 No Innholder Victualler or other Person shall be obliged to provide Meat or other Victuals for any Soldiers legally Quarter'd on them except in their March only if they shall give or tender to each Horseman 6 d per diem for his subsistance in Meat only and to every Dragoon and Foot Soldier 4 d. per diem for the same besides Candle and the Use of his Fire for dressing his Meat VII Provided
that each Innholder Victualler or other person shall furnish for every Soldier lawfully Quarter'd on them Lodging Small Beer and Candle with the use of Fire to dress his Meat by and Hay and Straw for their Horses after the rates following viz. for Small Beer Fire Candle and Hay and Straw for a Light Horseman and his Horse 6 d. per diem and the like for a Dragoon at 5 d. per diem VIII The Officers and Soldiers of the Marine Regiments being in his Majesties Service in the Army shall be subject to all the Powers and Punishments mentioned in this Act. IX Stat. 9 10 W. 3. cap. 20. Enacted That Francis Colenbine and Ventris Colenbine Sons of Col. Ventris Colenbine and Barbara his Wife Robert Wroth Son of Lieut. Col. Wroth and Knightley his Wife John Gysbert Farwell an Infant Son of Lieut. Col. John Farwell and Elizabeth his Wife Thomas Vthwat Son of Richard Vthwat and Martha his Wife and all other persons who since 13 Febr. 1688. or at any time since the beginning of the late War with France and before 25 Mar. 1698. were Born out of his Majesties Dominions and whose Fathers or Mothers were Natural Born Subjects of this Realm and were then actually in the Service of his Majesty or of his Majesty and the late Queen are declared to be Natural Born Subjects of this Kingdom as if they had been Born in England X. And that they shall be able to challenge and enjoy any Lands Tenements and Hereditaments and all other Privileges of Natural Born Subjects and to make their Resort or Pedigree as Heir to their Ancestors Lineal or Collateral And to have and enjoy Lands Tenements and Hereditaments by Purchase or Gift and to prosecute all manner of Actions and things as freely as if they had been Born in England XI Provided that no person expresly named in this Act shall have benefit thereby if in 5 years after the Age of 14 Years they neglect to Receive the Sacrament and take the Oaths appointed Ann. 1. W. M. in some of the Courts of Record at Westminster XII Provided also That no person intended to be Naturalized by general Words shall have Benefit thereby if in 5 years after the Age of 14 years they neglect to Receive the Sacrament and take the Oaths aforesaid and make proof of their being Born out of the Realm within the times before-mentioned and that their Father or Mother was a Natural Born Subject and actually in the Kings or King and Queens Service at their Birth XIII Any person expresly named in this Act may during the said 5 years after the Age of 14 Years make proof upon Oath in any the Courts of Record at Westminster that such Person did Receive the Sacrament and take the said Oaths And any persons intended to be Naturalized by the general Words may likewise during the said 5 years after the Age of 14 years make like proof in such Court as well of their Receiving the Sacrament and taking the Oaths as of their being Born within the times limited of a Father or Mother that was a Natural Born Subject and then in the Kings Service All which Proofs being made to the satisfaction of the said Court shall be there Recorded and a Certificate thereof given under the Seal of the said Court upon shewing whereof every such person shall have the full Benefit of this Law Squibs I. Stat. 9 10. W. 3. cap. 7. After 25 Mar. 1698. No persons of what Age Sex Degree or Quality soever shall Make Sell or Utter or expose to Sale any Squibs Rockets Serpents or other Fireworks or any Cases Molds or other Implements for the making of such Fire-works or permit any such Fireworks to be thrown or fired out of or in their Houses or Lodgings or any part or place thereto adjoyning into any publick Street High-way Road or Passage nor throw or fire or be aiding in the throwing or firing of any such Fireworks in or into any publick Street House Shop River High-way Road or Passage but every such Offence shall be adjudged a Common Nusance II. After the said 25 Mar. Any person as aforesaid who shall make give sell or utter or expose to sale any Squibs Rockets Serpents or other Fireworks or any Cases Molds or other Implements for making thereof and be convicted thereof before one or more Justices of the Peace of the County or Division or chief Magistrate of the place where such offence shall be committed by Confession of the Party or Oath of two Witnesses shall for every such offence forfeit 5 l. And any persons whatsoever who after the said 25 Mar. shall permit or suffer any such Fireworks to be thrown or fired from out of or in their Houses Shops Dwellings Lodgings or Habitations or any part or place thereto belonging into any publick Street High-way Road or Passage or any other House or Place whatsoever and shall be convicted thereof as aforesaid shall for every such offence forfeit 20 s. the said several forfeitures to be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant of the said Justices or Chief Magistrate one half to the use of the Poor of the Parish and the other to the Prosecutor III. After the said 25 Mar. Any persons as aforesaid who shall throw or fire or assist in the throwing or firing any such Fireworks in or into any publick Street House Shop River High-way Road or Passage and be thereof convicted as aforesaid shall for every such offence forfeit 20 s. to the uses aforesaid and pay the same immediately to the said Justices of chief Magistrate or be sent to the House of Correction there to be kept to hard Labour for any time not exceeding one Month unless such Offender sooner pay such Forfeiture IV The Master Lieutenant or Commissioners of the Ordnance or any other persons by them Authorized may give Orders for the making any sorts of Fireworks to be used and fired according to the Orders and Directions of the said Master Lieutenant or Commissioners of the Ordnance or other persons by them Authorized for that purpose V. The Artillery Company of the City of London or any other Artillery Company or Society of persons Lawfully met together for the use and exercise of Arms the Trained Bands and Militia of the Kingdom may make and use any sorts of Fireworks in the Exercise of Arms and Warlike Exploits only as they might Lawfully have done before the making of this Act. VI. Persons sued for putting this Act in Execution may plead the general Issue and give the special matter in Evidence And if the Plaintiff be Nonsuit or Discontinue or a Verdict pass or Judgment be given for the Defendant such Defendant shall have his full treble Costs Stores of War I. Stat. 9 10 W. 3. cap. 41. For preventing the Imbezlement of his Majesties Stores of War c. It is Enacted That after 24 June 1698. none but the Contractors
their Accounts Servants or Journeymen making Default of payment their Masters and Mistresses are to be Chargeable therewith and to deduct the same out of their Wages And Tenants to pay the Rates on the Houses Lands Tenements and Hereditaments which they hold and to deduct the same out of the Rents XXVI All persons Taxable for Wages Ready Money or Debts are to be Assessed where Resident at the time of Execution of this Act Annuities Stipends or yearly payments at the Exchequer or out of any Branch of the Revenue to be Assessed where payable And all other Pensions or yearly payments not Charged on Land are to be Assessed where the persons Intituled thereto do Reside XXVII And all Offices Imployments and Professions are to be Rated where they are Exercised And all persons not being Housholders are to be Taxed at the place where they Reside at the time of Executing the Act. XXVIII The Rates on Pensions Salaries or other Allowances or Profits payable at the Exchequer or by the Cofferer or out of any other publick Office or by any of his Majesties Receivers or Paymasters are in case of Non-payment to be stopt out of the same XXIX Stock in Trade and Quick Stock upon Land is to be Rated in such County or Place where it is at the time of the Execution of the Act And all persons having any such Stock in their Custody for the use of others are to pay for the same and to be allowed it upon their Accounts or be satisfied out of the Goods XXX Persons out of the Realm Taxable by this Act are to be Assessed in the place of their last Abode in the Realm And persons Ratable for any Lands Tenements or Hereditaments are to be Assessed in the places where the Premisses lye and not elsewhere XXXI A Proviso That any person who in respect of several Places of Residence is doubly Charged shall upon Certificate by two or more Commissioners and Oath thereof before one Justice of Peace where the Certificate is made be Discharged for so much XXXII All persons who by changing their Residence or by shifting their Goods or Stock or altering the Securities of Money or by other Frauds shall escape being fully Taxed shall upon proof thereof be doubly Charged XXXIII All Housholders shall give an Account of their Lodgers and Servants and their full Wages respectively under the Penalty of 5 l. XXXIV The Officers of the Exchequer and other Publick Officers are to deliver to the Assessors Lists of all Pensions Fees and Allowances payable by them XXXV All persons having any Moneys at Interest are to deliver to the Assessors before they return their Certificates a Note of the Gross Sum of Principal Money owing to them which the Assessors are to Tax according to the said Notes But if no Notes be delivered or that there be sufficient Ground to believe they do not contain all the persons Money at Interest then the Assessors are to Tax such persons according to the best of their Judgment XXXVI And all persons intituled to Debts at Interest are to deliver to the Commissioners before they deliver their Estreats to the Subcollectors a Specification or particular in Writing of the said Debts Signed And also of the persons or some of them who borrowed or are liable to the same or of something engaged for the said Debts or the nature of the Securities with the Dates thereof and the Names of the Witnesses thereunto Whereupon the Commissioners shall deliver back to the Parties Copies of such Specifications under their Hands and Seals attested by two or more Witnesses to justify their being duly Charged Which Copies shall be allowed as Evidence in all Courts And upon neglect or refusal to give in such Specifications to Forfeit over and above the Duties intended to be Charged twice as much to be Sued for at any time before 25 Mar. 1699. Whereof one moiety to the King the other to the Prosecutor And the Debts not contained in the said Specifications shall not be Recoverable nor the Securities for the same Pleadable in any Courts of Law or Equity before the said 25 Mar. 1699. Unless the said Duty and Penalty be first satisfied viz. If no Action be Commenced by any Informer then the Duty and Penalty shall be paid to the King But if an Action be depending then the Duty and one moiety of the Penalty shall go to the King and the other moiety to the Informer XXXVII The Assessors are to Enter and View upon the Places where any Stock upon Land shall be and to Value and Charge the same according to the Act And if upon such View the Assessors find any Fraud hath been used to avoid the Taxation they are to give Notice to the Commissioners to the end the persons may be doubly Taxed And the persons refusing to permit such View shall Forfeit 10 l. one moiety to the King the other to the Prosecutor XXXVIII All Traders shall deliver to the Assessors within ten days after the Commissioners Issue their Warrant to the Assessors a Particular in Writing Signed of the Quantities Kinds and Value of their Stocks as the same are then Worth bona fide to be sold And the Assessors are Impowered where they shall think it necessary for their Information to Enter in the day time into any Shops Warehouses c. to View and Value the Goods And the persons refusing such Entrance shall Forfeit 40 l. one moiety to the King the other to the Prosecutor And if the Assessors are satisfied in the truth of the Particulars delivered to them they are to Assess the same accordingly But if the particulars are not delivered to them within the time prefixt or if they suspect the said Particulars to be fraudulent then they are to Assess such Stock in Trade according to the best of their judgment XXXIX All which Assessments shall nevertheless be subject to the Examination of the Commissioners who may allow abate or increase the same as they see cause upon Information or Appeals XL. And if any Steward Bayliff or Tenant of Houses Lands or Hereditaments do not discover to the Assessors when required the true Rents payable for the same he shall Forfeit so much as such Rent bona fide shall amount unto for Two Years XLI Any persons Assessed finding themselves agrieved may Appeal within the days after the Money demanded and any three or more of the Commissioners who Signed the Rate shall within ten days after such Appeal Examine the person upon Oath and abate or increase the Assessment and to that end shall meet together for Determining Appeals and shall Express the time and place in their Warrants to the Collectors and upon Complaints shall Summon the Assessors to attend and such Appeals being once heard are to be final XLII Assessor Collector or Receiver wilfully neglecting or refusing to do his Duty may be Fined not exceeding 30 l. nor under 15 l. for every Offence which Fines shall not be taken off
l. CCXI. Every Pedlar Hawker or other Travelling person so Travelling as aforesaid shall before the 24th of June 1697. deliver to the Commissioners for Transportation or to the persons deputed by them a Note in Writing under his or her Hand or under the Hand of some person by him or her Authorized in what manner he or she will Travel and Trade whether on foot or with one or more Horse Ass c. for which the Party shall pay to the said Commissioners or Deputies one moiety of the Duty by this Act payable for the same and give Security by Bond with one or more Sureties to be taken in his Majesties Name for the payment of the other Moiety at the end of Six Kalendar Months unless the Party shall choose to pay it down in which case 2 s. in the Pound shall be allowed for Prompt Payment and thereupon a Licence shall be Granted to him or her so to Travel or Trade by two or more of the said Commissioners for Transportation CCXII. If any such Hawker c. after the 24th of June 1697. be found Trading as aforesaid without or contrary to such Licence such person shall for every such Offence Forfeit 12 l. one moiety to the Informer the other to the Poor of the Parish where such Offender shall be discovered And every person so Trading who upon demand shall refuse to shew to any Justice of the Peace Mayor Constable or other Officer of the Peace his or her Licence for so Trading shall Forfeit 5 l. to the Church-wardens for the Poor of the Parish where such demand shall be made and for Non-payment shall suffer as a Common Vagrant and be committed to the House of Correction CCXIII. The said Commissioners or any two of them upon the Terms and Receipt and Security given as aforesaid shall grant a Licence to every Hawker c. for him or her self alone or with one or more Horses Asses c. as the case shall require for which Licence they shall take 1 s. unless such Hawker c. travels with Horse Ass c. and then 2 s. and no more The said Commissioners shall keep a distinct Account of the Duties arising by this Act and pay the same into the Exchequer Weekly on the Wednesday unless a Holiday under the penalties which the Officers of the Exchequer herein after mentioned shall be liable unto Which Money so paid in shall be applied to the paying the Interest of the 330769 l. 10 s. 7 d. in such manner as by the Act 6 7 W. 3. cap. 7. is appointed CCXIV. Whoever shall Forge or Counterfeit any Licence or Travel with such shall Forfeit 50 l. one moiety to the King the other to the Prosecutor to be Recovered by Action of Debt c. in any of the Kings Courts of Record at Westminster in which no Essoin c. to be allowed and to be subject besides to the Pains and Penalty of Forgery CCXV Persons sued or troubled for putting this Act in Execution may plead the General Issue and give the Special Matter in Evidence and if the Plaintiff shall be Nonsuited or Judgment be given against him the Defendant shall have Treble Costs CCXVI Constables or other Officers refusing or neglecting upon due Notice to Aid or Assist in the Execution of this Act every such Officer being thereof Convicted before any Justice of Peace shall Forfeit 40 s. to be levied by Distress and Sale of Goods One moiety to the poor of the Parish the other to the Informer CCXVII Any person may seize and detain any Hawker c. till such time as he or she shall produce a Licence if they have any if not till they give Notice to the Constable or some other Parish Officer who shall carry such Offender before a Justice of Peace who upon Confession or due Proof of Trading and no Licence produced shall by Warrant under his Hand and Seal cause the said Sum of 12 l. to be levied out of the Offenders Goods and Wares with reasonable Charges for taking the Distress CCXVIII This Act shall not extend to prohibit any person from selling Acts of Parliament Forms of Prayer Proclamations Gazettes Licensed Almanacks or other Licensed Papers or Fish Fruit or Victuals or hinder the Makers of any Goods or Wares in England Wales or Town of Berwick their Children Servants or Agents from carrying abroad and selling the same in any publick Fair or Market or elsewhere nor any Tinker Cooper Glasier Plummer Harness-menders or other person Trading in mending household Goods from going about and Carrying with them proper Materials for mending the same CCXIX. There shall be kept in the Office of the Auditor of the Receipts in the Exchequer one Book in which all Moneys paid in by virtue of this Act shall be entred apart CCXX If any Officer of the Exchequer shall divert or misapply any Moneys given by this Act he shall Forfeit his Office be incapable of any place of Trust and pay the treble value of any Sum so misapplied to the Party grieved his Executors c. who will sue for the same by Action of Debt c. wherein no Essoin c. And all Orders and Warrants for payment of Money contrary to the intent and meaning of this Act shall be Void CCXXI Nothing herein contained shall extend to hinder any Persons from selling any sorts of Goods in any publick Market or Fair in England Wales or Town of Berwick but that they may do therein as they lawfully might have done before the making of this Act. CCXXII On or before the first of August 1697. the several Owners of the Ships mentioned in the foresaid Act 6 7 W. 3. cap 7. or such persons who have parts and shares in the same shall deliver in to the Commissioners for Transportation an Account of what Share Part or Interest in each Ship he or they under whom they Claim are possest of and if the same be not in the first Proprietor then the person claiming to give an Account how and by what means he came to the same and so from time to time upon the Death or Assignment of any person Intituled unto any part or Interest of the Money intended to be raised by this or the foresaid Act an Account shall be given thereof to the said Commissioners CCXXIII. A Register of every persons Claim and Interest shall be made and kept in a Book to be provided by the said Commissioners and for Registring each persons Title a Fee of 1 s. shall be paid to the Clerk and no more and no person shall receive any Moneys to be raised by this or the foresaid Act till he hath delivered in to the said Commissioners an Account of his Share and Interest which Register shall at all times be viewed without Fee CCXXIV. In case it happen that the Duties Granted upon Coffee Tea Chocolate and Spice by the foresaid Act with the Duties to be raised by this Act shall amount to more
said Commissioners shall keep a distinct account of the Duties granted by this Act and pay the Money arising thereby into the Exchequer on Wednesday in every Week unless a Holiday and then the day after and upon neglect or refusal shall incur the penalties c. as other the Officers of the Exchequer herein mentioned shall be liable unto which Money so pay'd in shall be applied to pay Interest for the said Transport Debt after 5 per Cent. per Ann. CCCXC Persons Forging or Counterfeiting such Licences or Travelling with Forged or Counterfeited Licences shall forfeit 50 l. one Moiety to the King the other to the Prosecutor to be recovered in any the Courts of Record at Westminster and be subject to the penalties for Forgery CCCXCI Persons sued for putting this Act in Execution may plead the general Issue and give the special matter in Evidence And if the Plaintiffs be Nonsuited or suffer Judgment on Demurrer or a Verdict pass for the Defendants the Defendant shall have treble Costs CCCXCII If any Constable or other Officer refuse or neglect to be assisting in the Execution of this Act being thereunto required such Officer being thereof convicted upon Oath before a Justice of Peace shall forfeit for every such offence 40 s. to be levied by Distress and Sale of Goods one Moiety to the Poor of the Parish the other to the Prosecutor rendring the overplus CCCXCIII Any persons may seise and detain such Hawkers c. till they produce a Licence or if Trading without a Licence till such time as notice be given to the Constable or some other Parish officer who are to carry such persons before a Justice of Peace who upon confession of the party or due proof upon Oath that the person had so Traded and no Licence produced shall by Warrant under his Hand and Seal levy the said Sum of 12 l. by Distress and Sale of the Offenders Goods or Wares rendring the overplus after deduction of the charge for distraining and out of the said Sale to pay the said penalties and forfeitures CCCXCIV This Act shall not prohibit persons from selling Acts of Parliament Forms of Prayer Proclamations Gazetts licensed Almanacks or other printed Papers licensed by Authority or any Fish Fruits or Victuals nor hinder the makers of any Goods or Wares within this Kingdom or their Children Apprentices Agents or Servants from selling the Goods and Wares of their own making in any Mart Fairs Markets or elsewhere nor any Tinkers Coopers Glasiers Plummers Harness-menders or other persons trading in mending Kettles Tubs Houshold Goods or Harness from going about and carrying with them proper materials for mending the same CCCXCV There shall be kept in the Office of the Auditor of the Exchequer a Register of all Moneys paid in by virtue of this Act distinct from all other Moneys CCCXCVI If any Officer in the Exchequer shall divert any of the Moneys paid in by virtue of this Act he shall forfeit his Office be incapable of any place of Trust and shall pay treble the value of the sums so diverted to the persons grieved who will sue for the same in any the Courts of Record at Westminster And all orders for disposing the Moneys to be raised by this Act contrary to the meaning thereof shall be void CCCXCVII This Act shall not hinder any persons from selling any sorts of Goods or Merchandizes in any publick Mart Market or Fair within this Kingdom CCCXCVIII If the several Duties and Impositions granted to his Majesty by several Acts of Parliament towards payment of Interest of the said Transport Debt together with the Duties to be raised by this Act shall amount to more than sufficient for payment of interest at 5 per Cent. for the said Transport Debt according to the several Debentures made and to be made out then such surplus shall remain in the Exchequer and not be disposed of but by Act of Parliament CCCXCIX The Commissioners of his Majesty's Treasury or the Lord High Treasurer out of the Moneys raised by this or the said recited Acts may pay to the said Commissioners to be appointed pursuant to this Act their Clerks and others such sums as they may reasonably deserve for their service or may have expended in or about this or the said recited Acts. CCCC This Act shall not give power for the Licensing any Hawker Pedlar or Petty-chapman to sell or expose to sale any Wares or Merchandizes in any City Borough Town Corporate or Market Town within this Realm otherwise than might have been done before the making of this Act. CCCCI Stat. 9 10 W. 3. cap. 34. After 15 May 1698. The Money coming into the Exchequer for the Duties of Excise granted by an Act of 5 and 6 W.M. Intituled An Act for Granting to their Majesties certain Rates and Duties upon Salt and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the sum of Ten hundred thousand pounds towards carrying on the War against France shall in the first place be applied to pay such of the Annuities lately payable out of the Tunnage Duties and the tickets for the same which became due at Lady day 1696 or within 20 days after and are yet unsatisfied And in the second place to pay such of the said Annuities as became due at Michaelmas 1697 or within 20 days after and are yet unsatisfied And in the third place to pay such of the said Annuities as became due 25 Mar. 1698 or within 20 days after and not otherwise And the said Arrears being first discharged or Money reserved for payment thereof the growing produce shall be applied to pay the said half yearly and yearly Annuities in course And no Officer shall pay any half yearly or yearly payments of the said Annuities till the preceding half year or year be fully paid or the Money reserved for which publick notice in Writing shall be hung up in the said Office under penalty of forfeiting his Office and for every such offence 100 l. to the persons who shall sue for the same in any the Courts of Record at Westminster where the Plaintiff upon Recovery shall have treble Costs CCCCII. The Tickets commonly called Benefit Tickets which became due at Lady day 1698 or within 20 days after shall be paid as they are numbred beginning at number one and ending with number 2500. And the Tickets for 20 s. a piece commonly called blank Tickets being due at Michaelmas 1698 or within 20 days after shall also be paid as they are numbred beginning with number One and ending with the number 97500. And in the year next following the Benefit Tickets shall be paid in an Arithmetical Progression descending beginning with number 2500 and ending with number One and the Blank Tickets from number 97500 inclusive to number one inclusive and so onwards in every subsequent year alternately CCCCIII It shall be no undue preference to
pay subsequent Tickets when brought and demanded before such Tickets as were not brought in course provided there be Money reserved to satisfie such preceding Tickets CCCCIV The additional Duties of Excise granted by the said Act and which ought to come weekly into the Exchequer the Officers Salaries and incident Charges not exceeding 2500 l. per Ann. only excepted are hereby appropriated during the whole term of 16 years thereby granted to the payment of the said Annuities and Tickets for the same CCCCV. After 15 May 1698. No Officer appointed to pay the Annuities for one two or three Lives purchased for the respective Considerations mentioned in the Act of 5 6 W. and M. Intituled An Act for Granting to their Majesties several Rates and Duties upon Tunnage of Ships and Vessels and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such persons as shall voluntarily advance the Sum of 1500000 l. towards carrying on the War against France payable quarterly out of two seventh parts of the several Duties thereby granted and the Reversions of the said Annuities or some of them or further interest therein purchased by several subsequent Acts shall pay off any quarterly payment of the said Annuities till the preceedent quarter be paid off or the Money ready in the Office for payment thereof whereof publick notice in Writing shall be affixed in the said Office under Penalty of forfeiting his place and 100 l. for every such offence to the Persons who shall Sue for the same to be recovered with costs of Suit as aforesaid CCCCVI Stat. 9 10 W. 3. cap. 35. Enacted That all the Clauses in the Acts of the sixth seventh and eighth years of his Majesties Reign in relation to the Duties on Marriages Births Burials Batchelors and Widowers not otherwise hereby altered or explained shall be duly observed under the Penalties in the said Acts. CCCCVII The Commissioners for the Aid to his Majesty of 1484015 l. 1 s. 11 d. 3 f. shall be Commissioners for the said Acts for Marriages Births and Burials till 24 Jun. 1699. who with the Justices of Peace or a Quorum of them appointed by the former Acts shall have full power to Act in all things relating to the said Duties and after the 24 Jan. 1699. the Justices as aforesaid shall be the Commissioners CCCCVIII All persons required by the former Acts to keep a Register shall with the name of every person Married Buried Christened or Born express the Degree and Quality according to which the Duty ought to be paid and upon Burials the names of the Heirs Executors Administrators Fathers Mothers Guardians Churchwardens Overseers or others who are to pay for the same and where they dwell And in case of Births the names of the Fathers Mothers Guardians or Curators of such Children and where they live And in case of Marriages the Husbands abode under penalty of 20 l. one moiety to the King the other to the Informer And every person who ought to pay the said Duties shall give the Minister who performs the Office of such Marriage Burial or Christening a true relation of the Degree and Quality according to which the Duty ought to be paid and where the person lives who ought to pay the same to be inserted in the Register under penalty of 20 l. CCCCIX. The words Ecclesiastical Persons in this Act and Persons in Holy Orders in the former Acts are to comprehend Bishops where Marriages Christenings or Burials are performed by them CCCCX Upon any Persons removal or going away without payment of the Duties any two of the Commissioners certifying such default under their Hands and Seals the like number of Commissioners in any other place where the person shall be sound shall cause the said Duties to be paid and upon default may Levy the same by Distress and Sale of Goods CCCCXI All Penalties in this and the former Acts touching the said Duties except the Penalty of 100 l. for not duly keeping a Register shall be determined by two or more Justices or Commissioners near the place upon Oath and levied by distress and sole of Goods and for want of Distress the Offender to be Committed to Prison But the Commissioners may mitigate such Penalty so that it be not less than double the Duty CCCCXII The Commissioners in the respective Divisions shall meet together on or before the first of August 1698. and so once or oftner every three Months for the Execution of this and the former Acts and they or any two of them are to warn the Assessors Collectors Surveyors Inspectors and Receivers General and if need be any Parsons Vicars Curates Parish-Clerks and others concerned in the said Duties to bring in their Assessments Accounts and Registers and upon default may Fine the Offenders not exceeding 5 l. CCCCXIII And shall Examine the said Assessments Accounts and Registers and cause the persons omitted or not fully charged to be duly taxed and thereupon to sign the Assessments and cause Duplicates of the gross Sums to be Transmitted into the Exchequer CCCCXIV The Collectors shall render their Accounts upon Oath and in default thereof may be fined by the Commissioners not exceeding 20 l. CCCCXV. Every Collector duly discharging himself shall besides the 3 d. in the pound in the former Acts be allowed 2 d. in the pound for what he shall pay to the Receiver General and the Commissioners Clerks shall have an Additional allowance of 1 d. in the pound CCCCXVI After 1 Aug. 1698. every person who ought to pay any of the said Duties shall pay or tender the same to the proper Collector within twenty days after it shall become due on pain of paying double the said Duties CCCCXVII The Clause in the former Act An. 6. W. 3. for the Collectors delivering a Copy of the Assessment to the Minister of the place under penalty of 5 l. and for the Ministers reading the same in the Church under the like penalty is hereby Repealed CCCCXVIII The ten days allowed by the said former Act for Appealing shall be reckoned from the time of the Collectors demand CCCCXIX Stat. 9 10 W. 3. cap. 38. Enacted That every person of what Age Sex or Condition soever in England and Wales shall pay to his Majesty one shilling on 24 Aug. 1698. one shilling 24 Novemb. 1698. one shilling 24 Febr. 1698. and one shilling 24 May 1699. Except such as receive Alms of the Parish and their Children under the age of 16 years and all poor House keepers not contributing to Church or Poor and their Children under 16 years and except all Children under 16 years of Day Labourers and Servants in Husbandry and of such who have 4 Children or more and are not worth in Lands Goods and Chattels 50 l. CCCCXX Every Gentleman or so Reputed having an Estate real or personal or in both of 300 l. or more and every person above that quality and not a Peer
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
imported although filled with Liquor shall pay one Moiety of the Duties charged thereon by the former Acts. CCCCLXXXIII Upon the Importation of any Whale Fins Scotch Linen or Tickings as aforesaid Entry thereof shall be made in the Custom-house where imported And in case of Landing any such Goods before due Entry made and the Duties secured or without a Warrant from the Commissioners or proper Officers of the Customs for Landing the same such Goods shall be forfeited or the value thereof and be recovered of the importer or proprietor one Moiety to the King the other to the Seiser or Prosecutor CCCCLXXXIV The said Duties payable for Whale Fins and Scotch Linen as aforesaid shall be managed by the Commissioners of the Customs And the Receivers General of the Customs shall bring the Produce thereof necessary charges only excepted into the Receipt of the Exchequer And the Officers of the Exchequer shall apply the said Duties as also the half Duties on Glass Waies for the payment of such Principal and Interest Moneys whereunto the whole Duties on Glass and Earthen Wares and Tobacco Pipes ought to have been applied in the same Order and under the like Penalties and Forfeitures as in the said former Acts are prescribed Trade I. Stat. 8 9 W. 3. cap. 36. Enacted That whosoever shall Import any Foreign Alamodes or Lustrings into England Wales or Town of Berwick without paying the Customs and Rates due for the same at such Importation or shall Import any Alamodes or Lustrings prohibited by Law or undertake or agree to deliver or shall deliver any such Goods or Merchandize or shall pay any Money Praemium or Reward for Insuring or Conveying any such Goods or knowingly receive or take the same into his or her House Custody or Possession such Person may be prosecuted for the same in any Action Suit or Information and thereupon a Capias specifying the Sum of the Penalties shall Issue and the Party obliged to give sufficient Bail to the Officer to appear in Court and shall at the time of appearance give sufficient Bail to pay the penalties for such Offences in case of Conviction or yield his Body to Prison II. It shall be lawful for any Person to Sue for and Recover the penalty of 500 l. imposed by the Stat. 4 5 W. M. upon Insuring to Import Prohibited Goods or Goods without paying Custom cap. 15 Customs 166. by Action of Debt c. in any of the Kings Courts of Record at Westminster wherein no Essoign c. shall be allowed III. All Black Alamodes and Lustrings wheresoever made which shall be found in the Possession of any Person not Markt and Seal'd by the Custom House or the Royal Lustring Company shall be forfeited and may be seized as forfeited whether the same hath been bought and sold or not and the Person in whose Custody they are found shall incur the penalties relating to Alamodes and Lustrings in an Act made 6 7 W. 3. cap. 18. Trade 84. IV. No Alamodes and Lustrings that after the 10 of April 1697 shall be seized and forfeited by virtue of any Law now in force shall be used in England but shall be exported again and to that end shall immediately on their Seizure be carried to the Custom-house Ware house in London and there sold by Inch of Candle on Condition to be exported and Security given for Exportation which Security may be discharged by Certificate from the Port where such Goods shall be Landed or Oath made that they were lost at Sea V. On Exportation of Foreign Lustrings or Alamodes the Exporter shall not be Intituled to Receive Draw back or be repaid the Customs or Impositions paid or secured on Importation of the same or any part thereof VI. Every Person that shall Imbezel Pawn Sell or Detain any of the Silk delivered to them as Agents Journeymen Warpers or Winders or after it is wrought up and every Receiver Buyer and Pawn-taker of any the said Goods shall be subject to all the Penalties and Punishments mentioned and provided in an Act made 13 14 Car. 2. chap. 15. and in another Act made 20 Car. 2. chap. 6. both for regulating the Trade of Silk throwing VII All such pieces of Alamodes and Lustrings as some Weavers have now by them unmarkt and shall appear upon Oath made in Writing before any Justice of Peace by one or more credible Witnesses to be Manufactured within this Realm before the 10 of April 1697 shall be brought to the Royal Lustring Companies Ware-house and the Evidence being there produced shall be Markt and Sealed gratis by the said Company before the 1 of May 1697 and then be lawful to be Sold as if manufactured by the said Company VIII The said Weavers shall give an Account weekly to the said Company to whom they have Sold such Goods so marked and sealed under the penalty of double the value of such Goods for every Omission to be recovered as other Penalties inflicted by this Act and the said Company shall keep a Register of the said Sales IX Stat. 9 10 W. 3. cap. 9. All Persons who after 25 March 1698 shall Import or cause to be Imported into England or Wales or Town of Berwick upon Tweed or who shall after 24 December 1698 Sell Barter or offer to Sale or knowingly keep in their Custody for Sale or for the use of any Importer or Dealer in the Commodities aftermentioned any Foreign Bone-lace Loom-lace Needle-work Point or Cutwork shall forfeit 20 s. per Yard for all the said Foreign Bone-lace c. so Imported Sold Bartered offered to Sale or kept as aforesaid together with all the said Goods X. The Importation Selling Bartering offering to Sale or Barter or knowingly keeping for that purpose any Foreign Bone-lace c. is hereby declared a Common Nuisance And the said prohibited Goods or any part thereof may be seized and the Offenders prosecuted by any person whatsoever Any Persons with a Constable or Tythingman with a Warrant from a Justice of Peace in the day time may enter into any House Shop Cellar Ware-house or Room or other place whatsoever to Search for and Seize any of the prohibited Goods before mentioned and in case of Resistance to break open Doors Chests Trunks and other Package whatsoever to Seize the Goods prohibited by this Act And every Justice of Peace is to grant such Warrant to any credible Persons making Oath that they have reason to suspect there are such prohibited Goods where they intend to Search XI All Foreign Bone-lace c. Seized by virtue of this or any other Act shall be carried to the next Custom house not thence to be delivered unless to be produced at a Trial or otherwise discharged by Law The Goods so seized and condemned shall be sold publickly by Inch of Candle whereof publick notice in Writing to be affixed at the Custom-house Door and other publick place where the Goods are lodged Ten days before the Sale
and shall not be delivered to the Buyers without Security by Bond in double the value to Export the same within Six Months and not to Import the same into England Scotland or Ireland or His Majesties Dominions in America or elsewhere Which Obligation upon Certificate of the proper Officer and Oath of the Buyer that the said Goods were Exported accordingly and not Landed or intended to be Landed again in any of His Majesties Dominions shall be Vacated But the said Goods not being so Exported the Persons in whose Custody the said Goods shall be found shall be again liable to all the Forfeitures in this or any other Act as if the same had never been seized XII If any Bone-lace c. be seized and carried to any Custom-house as Foreign which the Seizer shall after believe to be English He may take off his Seizure affixing publick notice in Writing at the Custom-house Door and the Guild hall or other most publick place of the quantity and kind so seized And if no other person shall within Ten days after undertake to prosecute for the same it shall be delivered back to the Proprietor Oath being first made by him or some known Person on his behalf that the said Goods are to the best of his knowledge and belief English made and Oath made before some Justice of Peace of the place where and of whom the said Goods were bought who shall certifie the same at the next General Quarter Sessions and the Persons wilfully Forswearing themselves therein shall suffer as for Perjury XIII The Officers of the Customs shall be Aiding in the Execution of this Act and upon conniving at the Importation Delivery or Selling of any such Foreign Bone-lace c. shall forfeit 20 pounds and be ever uncapable of serving his Majesty in any Office XIV The proof that such Bone-lace c. so found or seized was made and Manufactured in England Wales or Berwick shall be only upon the Importer Keeper Seller Retailer Barterer or those in whose Hands or Custody the same shall be found and not upon the Informer Seizer or Prosecutor that they were made beyond Sea XV. The Penalties and Forfeitures incurred by this Act may be recovered over and above any Penalties in any former Act in any the Courts of Record at Westminster and the said Penalties the Prosecutor having been allowed his reasonable Charges shall be one Moiety to the King the other to the Person that will Sue for the same XVI Persons sued for any thing done in pursuance of this Act may plead the General Issue and give this Act and the special matter in Evidence And if a Verdict pass for the Defendant or the Plaintiff discontinue be Nonsuited or have Judgment against him upon Demurrer the Defendant shall have treble Costs XVII All Informations against this Act shall be brought within Twelve Months after the discovery of the Offence XVIII Before any Person shall be admitted to Enter a Claim to any such Goods seized he shall be obliged to give Security by Recognizance before a Baron of the Exchequer in Twenty pounds penalty to pay the Prosecutor full Costs of Suit in case a Verdict shall pass or Judgment be entred for the Plaintiff and in default of such Security in due time the said Goods shall be adjudged forfeited XIX This Act shall not impower any Persons to enter into any House Shop Cellar Ware house or other Room or Place or to break open the same or any Door Chest Trunk or other Package not belonging to a Dealer in Lace XX. Stat. 9 10 W. 3. cap. 17. Enacted That after 24 June 1698. All Bills of Exchange Drawn in or Dated at and from any place in this Kingdom of the Sum of 5 l. Sterling or upwards upon any Person in London or any other Trading City Town or Place in which Bills the value shall be expressed to be received Drawn Payable at a certain time after the Date thereof may after Acceptance in Writing and the expiration of Three days after the same shall be due be protested by a Notary publick or in default of such Notary publick by any other substantial person of the place before Two Witnesses Refusal or Neglect being first made of due payment which Protest shall be made under a Copy of the Bill in the form prescribed by the Act and shall be notified within Fourteen days after to the Party from whom the Bills were received who upon producing such Protest is to Repay the said Bills with Interest and Charges from the Protesting For which Protest there shall not be paid above 6 d And in default of such Protest or due Notice thereof the Person so failing shall be liable to all Costs Damages and Interest thereupon Provided that if any such Inland Bills be lost or miscarry within the time limited for payment of the same the Drawer of the said Bills shall give other Bills of the same tenour Security being given to indempnifie him in case the said Bills so lost or miscarried be found again XXI Stat. 9 10 W. 3. cap. 26. After 24 Jun. 1698. The Royal African Company shall maintain all such Forts and Castles as they now have in their Possession or shall hereafter Purchase or Erect for the preservation of the Trade to Africa And shall supply them with Men Artillery Ammunition and Provision and all other necessaries as occasion shall require XXII Any of the Subjects of this Realm as well as the said Company may after the said 24 June Trade from England and after 1 Aug. 1698 from any of his Majesties Plantations in America to the Coast of Africa between Cape Mount and the Cape of Good Hope the said Company and all others answering a Duty of 10 per Cent. ad Valorem for the Goods and Merchandize Exported thither from England or from his Majesties Plantations in America for maintaining the said Castles and Forts and preserving the said Trade XXIII The Master Owner or Freighter of every Ship intending to Sail or Trade between Cape Mount and the Cape of Good Hope shall at one of the chief Custom houses in England or the Plantations from whence such Ship is to Sail Enter the name of the Master and Ship and the Burthen thereof so Freighted 15 days before clearing thereof And the Owner or Exporter shall there also enter upon Oath the quantity quality and value of the Goods and Merchandize so to be Shipped and Sign such Entry And thereupon pay the said Duty to the Collector or chief Officer of the Custom there who is to demand and receive the same for the use of the said Company And all such Goods and Merchandize Exported from England to the Plantations and thence to Africa shall be valued at no more than what they cost in England XXIV The Collector or other Chief Officer in or near the Ports whence such Ships are to be cleared shall before the clearing thereof administer the Oaths following whereof the Master shall
or Wire or Plate ready wrought for the covering of Silk or Thread shall be Imported into this Kingdom on pain of being forfeited and burnt XLIX Of the several Penalties in this Act one Moiety shall be to the King the other to them that shall sue for the same in any the Courts of Record at Westminster L. If any Person be sued for what he shall do in Execution of this Act he may plead the General Issue and give the Special Matter in Evidence and upon a Non-suit Discontinuance or Verdict against the Plaintiff the Defendant shall have treble Costs LI. No Penalty shall be inflicted on any Person exposing to sale any Silver Wire or Silver or Gold Thread or Lace or Fringe on or before 29 Sept. 1699 though not made according to this Act provided it be proved by Oath before a Justice of Peace of the Place that such Goods were made on or before 24 July 1698. LII Every Prosecution upon this Act shall be commenced within Six months after the Offence committed LIII This Act shall continue for Three years and thence to the end of the next Session of Parliament LIV. Stat. 9 10 W. 3. Cap. 42. Whereas by an Act 7 8 W. 3. Intituled An Act for Preventing Frauds and Regulating Abuses in the Plantation Trade It is Enacted That after the 25th of March 1698. No Ship or Vessel shall pass as a Ship of the built of England Ireland Wales Berwick Guernsey Jersey or any His Majesties Plantations in America so as to Trade to or from the said Plantations till Registred as enacted by the said Act And yet several Merchants Trading to the Plantations have sent out several Ships and Vessels thither but through madvertency only have omitted to Register them It is Enacted That all Ships and Vessels of the Built of England Ireland Wales Berwick Guernsey Jersey or any His Majesties Plantations in America being English Property shall have Nine months longer from the said 25th of March 1698. for Registring such Ships which being Registred within the said Nine months shall have the advantage of the saie Act as if Registred before the said 25 Mar. 1698. LV. Stat. 9 10 W. 3. Cap. 43. After 1 July 1698. no Foreign Silks known by the name of Alamodes or Lustrings shall be Imported into this Kingdom but into the Port of London only and Notice shall be given to the Commissioners or Chief Managers of the Customs there of the Quality and Quantity with the Marks Numbers and Package of all such Silks intended to be Imported with the Name of the Importer and of the Ship and her Burthen and of the Master and Commander on which they are to be Laden and the Port where the same are to be taken on Board And a Licence shall be taken under the Hands of the said Commissioners or Chief Managers of the Customs or any three of them for the Importing of the same which Licence is to be granted without Fee or Reward LVI The said Commissioners or Chief Managers of the Customs shall cause to be marked and sealed all such Alamodes and Lustrings which shall be Imported after the said 1st of July according to this Act and cause a dissinct Registry thereof to be kept in the Custom-House to be made without Fee or Reward before the Goods be delivered out of the Custom House Warchouse And if any of the said Silks shall be Imported into this Realm other where than in the Port of Londen or Imported without such Notice and Licence and the Duties paid for the same or shall not be so sealed and marked such Silks or the sull value thereof shall be forfeited And the Silks which shall be seised and forfeited by virtue of this or any former Act shall be sold and exported pursuant to the Rules mentioned in an Act of 8 9 W. 3 Intituled An Act for the further Encouragement of the Manufacture of Lustrings and Alamedes within this Realm LVII All Persons who shall Import or bring into this Kingdom any Alamodes or Lustrings contrary to this Act or knowingly receive the same into their Custody or sell or offer to sale any such Foreign Silks so fraudulently Imported and their Aiders Abettors and Assistants knowing thereof shall forfeit 500 Pounds LVIII If any Commission or Warrant Officer or other Person in the Service of His Majesty and having the Command of any Ship or Vessel shall Import or Convey or procure or suffer to be Imported or take on Board any Alamodes or Lustrings in Order to be Imported into this Kingdom or shall Unship or suffer to be Unshipt into any Boat or Vessel any such Silks knowing thereof shall over and above the Forfeitures and Penalties in this or any other Act be ipso facto rendred uncapable of serving His Majesty by Sea or Land or of receiving any Advantage by virtue of such Service And if any Seaman Mariner or other belonging to any Ship or Vessel shall discover any Alamodes or Lustrings so Imported or Unshipt in order to be Imported contrary to this Act such Persons shall over and above their part of the Forfeitures by this Act be discharged from on Board such Ship or Vessel if they desire the same and the Captain or Master shall immediately give them a Ticket Intituling them to their Wages on Board such Ship or Vessel LIX If any Persons shall afterwards Counterfeit or Misapply any of the Seals or Marks now used at the Custom House for Sealing and Marking Alamodes and Lustrings according to this or any other Act or the Seals or Marks of the said Company for Marking and Sealing their Goods they their Aiders and Abettors shall for every such Offence forfeit 500 Pounds and stand in the Pillory two Hours And all Persons who shall buy or fell or have in their Possession any Alamodes or Lustrings with a Counterfeit Seal or Mark or with the Custom-House or Companies Seal or Mark not lawfully affixed thereto knowing thereof and not discovering the same shall forfeit the Goods and 100 Pounds Any Persons with a Writ of Assistance from the Exchequer or with a Constable or Officer and a Justice of Peace's Warrant may in the day time Enter into any House Shop Warehouse or other place to search for and seize any Alamodes or Lustrings Imported contrary to this or any other Act or Sealed or Marked as aforesaid And in case of Resistance to break open Doors Chests and other Package to bring thence to his Majesties Ware house any such Silks And the Justices of Peace are to grant such Warrants to Credible Persons making Oath they suspect there are such Silks where they intend to Search And upon Dispute whether such Silks were Manufactured beyond the Seas or Imported contrary to this Act the Proof shall lie upon the Importer or Owner and not upon the Prosecutor LX. All Officers of the Customs or in Corporations or elsewhere shall be assisting in the Execution of this Act and if any Officer
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 â— 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
Taxes § 122. Greeland Company vid. Taxes § 476. Greenwich Hospital vid. Seamen § 1. Guineas vid. Coin § 1. Hammered Money vid. Coin § 3 4 5 6 7 9 14 15 16 20 31 32. Excise s 40 60. Taxes s 83 96 101 116 117 118 119. Hawkers and Pedlers p. 47. Hawkers and Pedlers vid. Taxes § 210 211 212 217 218 226 386 387 388. Hay-market pag. 47. Herrings vid. Taxes § 160. Hides and Skins vid. Taxes § 192. Highways pag. 48. Horley vid. Highways § 1. Hospitals vid. Taxes § 46. Houses and Shops belonging to the Fleet vid. Prisons § 22 23. Houses and Windows vid. Taxes § 129 130. House of Correction vid. Squibs § 3 Housholders vid. Taxes 33.462 Hull Trinity House vid. Burlington § 1. I. IMbezlement vid. Stores § 1. Trade s 6. Importations vid. Excise § 35. Trade s 48 55 57 58 83 96 129 130. Wool s 1.10 Impositions or Duties on Goods Wares and Merchandizes vid. Rivers § 1. 15 16. Imprisonment pag. 55. Imprisonment vid. Creditors § 5. Poor s 3. Prisons s 16. Religion § 1. Rivers s 12. Ships s 6. Stores s 2 3. Taxes s 24.435 Trade § 100. Treason s 3. Inns of Court or Chancery vid. Taxes § 131 460. Insurance from Fire vid. Taxes § 55.280 Iron vid. Taxes § 126. Judicial Proceedings pag. 56 Judgment vid. Suits § 2 6 8. Texes s 152. Juries pag. 56. Juries vid. Highways § 17. London § 8. Rivers s ◠Suits s 8. Justices of Assize vid. Highways § 22 Suits s 8. Chief Justices of the King's Bench vid. Churches § 3. Justices of Peace pag. 56. Justices of Peace vid. Highways § 16.23 24. Juries § 1. Partitions s 5. Poor s 3. Salt s 2 3. Seamen § 2. Soldiers s 5. Squibs s 2. Taxes s 112 190 407. Trade s 6.100 Justices of Peace of Essex E. Division vid. Rivers § 12. Justices of Peace for Glocester-Shire vid. Highways § 25.29 31 32 33 42. Justices of Peace of HeresordShire vid. Highways § 41 42. Justices of Peace for St. Albans vid. Poor § 8. Justices of Peace of Somersetshire vid. Bridegwater § 4. Justices of Peace of Surrey and Sussex vid. Highways § 1.5 15 Justices of Peace of Westminster vid. Hay-market § 6 7. Justices of Peace of Yorkshire E. Riding vid. Burlington § 4. K. KEepers of Prisons vid. Prisons § 9 10. Kensington vid. London § 1. King's Bench Prison vid. Prisons § 11. King's Houshold vid. Customs § 56. Excise § 37.57 Kings Printing House vid. Taxes § 55 280. L. LAnd Forces vid. Excise § 36. Lunds Tenements and Hereditaments vid. Taxes § 10.232 Lapis Calaminaris vid. Taxes § 126. Lawyers vid. Taxes § 5.421 Leather vid. Taxes § 173 174 176 177 178 179 180 181 182 183 184 185 186 187 188 189 199 208 209. Leward Island vid. Customs § 56. Leather-Dresser vid. Taxes § 195. Limitation of Actions and Prosecutions Religion § 2. Trade s 52 66 68. Linen vid. Customs § 13.47 Loans vid. Orders of Loan Lodgers vid. Taxes § 23. London pag. 57. London vid. Brokers § 1.9 Trade § 100. London Bridge vid. London § 7. Lustrings and Alamodes vid. Customs § 57. Trade s 1 3 4 5 7 55 57 58 59 60 61 62 63 67 68 69. Lustring Company vid. Trade § 7 8 67 68. M. MAlsters vid. Excise § 14 17 18 19 20 21 24. Malt s 1. Malt 59. Malt vid. Excise § 14. Malt Lottery vid. Excise § 40. c. Malt Tickets vid. Excise § 39 41 42 c. Taxes § 227. Malt Ticket Office vid. Excise § 56. Marine Regiments vid. Soldiers § 8. Markets and Fairs vid. Taxes § 218 221 397. Marks of the Goldsmiths-Hall or Company vid. Coin § 10 15 17. Marriages Births and Burials vid. Taxes § 128 130 406 407 408. Marshall of the King's Bench vid. Prisons § 11 12 22 24. Masters and Mistresses vid. Taxes § 25. Lord Mayor of London vid. Brokers § 5. Churches s 2 3 4. Trade § 100. Mayor of Colchester vid. Rivers § 2 4 5 7 8 10 11 12 13 14 16. Medals vid. Brokers § 9. Members of Parliament vid. Taxes § 79 297 464. Merchandizes vid. Customs § 8.55 Merchants vid. Taxes § 108 280 421. Middlesex and Westminster vid. London § 1. Military Officers vid. Soldiers § 4. Militia pag. 59. Militia vid. Squibs § 5. Million Lottery Tickets vid. Taxes § 401 402 403 404. Mill'd Money vid. Excise § 40. Minors vid. Taxes § 85 450. Mints vid. Coin § 1 2 3 7 8 10 11 2◠22 23 25 32. Mum vid. Excise 14. N. NAturalization vid. Soldiers § 9. Naval Stores vid. Customs § 26. Ships § 14. Navy vid. Exchequer § 13. Ships s 1. Navy and Ordnance vid. Excise § 36. Ships s 14. Negroes vid. Trade § 27 29 41. Newcastle upon Tyne vid. Burlington § 1. New Forest in Hampshire vid. Ships § 1. Noli prosequi vid. Taxes § 88.293 Nuisance vid. Squibs § 1. O. OAths ◠pag. 61. Oath and Oaths vid. Brokers § 2 3. Coin s 6 7. Creditors s 3.11 Excise s 51. Haymarket s 7 Highways s 5 17 29 32. Imprisonment s 1. London s 8 9. Militia s 3. Poor s 3 5. Prisons s 7.14 Religion s 2. Rivers s 8.12 13. Soldiers s 11 12 13. Taxes s 16.61 62 63 64 65 110 165 170 197 237 270 271 281 282 283 284 285 377 414 427 458. Trade s 24 25 28 77 81 123 124 126. Officers of the Exchequer vid. Taxes § 91 145 220 292 396 484. Trade s 105. Officers of the Customs v. Taxes § 104 106 107 109. Trade s 60. Officers and Commissioners of the Navy vid. Stores § 8. Officers of the Ordnance vid. Squibs § 4. Offices and Imployments vid. Taxes § 27.231 Orders of Discharge vid. Creditors § 10. Orders of Loan vid. Oaths § 1 2 3. Taxes s 89 227 300 303 304 305 306 307 308 467 468 469 470 471. Ordnance vid. Exchequer § 13. P. PAnnage vid. Ships § 9. Paper Vellum and Parchment vid. Taxs § 102 127 322. Trade s 105. Papist vid. Militia § 3. Taxes § 62 84 281. Pardons vid. Treason § 10 11. Parents or Guardians vid. Taxes § 25. Parliament vid. Members of Parliament Partitions pag. 62. Party-Guiles vid. Excise § 2. Paupers vid. Taxes § 100. Penalties and Forfeitures vid. Seamen § 8. Ships § 6 Taxes s 42 43 45 62 63 64 75 97 107 109 118 180 183 184 191 196 213 212 244 249 250 252 381 388 389 411 412 414 442 462. Trade s 2 3 8 15 49 51 74 99 148. Pensions Annuities and Stipends vid. Taxes § 3.26 Pepper vid. Custom § 12.47 Perjury vid. Trade § 12. Persons not taking the Oaths vid. Militia § 3. Pewter vid. Tin Physicians vid. Taxes § 5. Pilchards and Scads vid. Taxes § 160. Pipes or Stopcocks vid. Excise § 5 6 7. Plantation Trade vid. Taxes § 122. Trade s 54. Plantations in America vid. Trade § 22 26 27. Plate wrought vid. Coin § 10 17 18 19 20. Excise § 40. Poor pag 63. Posse Comitatus
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
such Master or Commander shall upon Summons refuse to appear or to give a full discovery of the matter aforesaid upon Oath every such Offender shall forfeit the Sum of 10 l. to the uses mentioned in the said Act to be recovered by Action of Debt c. in any of the Kings Courts at Westminster with full Costs Provided such Masters be no Quakers VII Every Master being a Quaker may be examined before the said Commissioners three or more of them by their solemn Affirmation and Declaration instead of their Oath as is directed by the Act 7 8. w. 3. cap. 34. and such Quakers refusing to appear or Answer as aforesaid shall be liable to the said penalties and forfeitures before mention'd for refusing to Answer upon Oath VIII Whatever person or persons so registred as aforesaid shall after the 10th of April next directly or indirectly lend or dispose of his or their Certificate of being registred according to the foresaid Statute to any Waterman Seaman Fisherman Lighterman Keel-man Bargeman or Sea-faring Man whereby to keep such persons from being Impressed into his Majesties Service such Offenders shall be struck out of the Register and lose the benefit of the foresaid Act and be Compell'd to Serve in his Majesties Service Six Months without any pay And every person borrowing or taking for themselves or other persons such Certificates or using the same for the purposes aforesaid shall suffer the like penalties and to the same uses as are provided by the said Act against such as vouch falsly persons to be Landmen who are Seamen or shall be compelled to serve the King at Sea for six Months without any Pay or Wages IX Such Certificates as aforesaid under the Hand and Seal of any one Mayor Deputy Mayor Bayliff or Deputy Bayliff within the Jurisdiction of the Cinque-Ports shall be sufficient where no Justice of Peace shall be residing within three Miles of any Cinque-Port or Town or Member thereof on the Coast of Kent and Sussex Ships and Shipping I. Stat. 9 10. W. 3. cap. 36. Enacted That 2000 Acres part of the Wast Lands of the New Forest in the County of Southampton shall be inclosed and kept in severalty for the Growth and Preservation of Timber for supply of his Majesties Navy Royal. The King his Heirs and Successors may Inclose and Improve within and out of the Wast Lands of the said New Forest the whole Containing by Estimation 85454 Acres the quantity of 2000 Acres Statute measure to be set out by his Majesties Commission directed to six or more persons whereof two to be Justices of the Peace for Hampshire not being Officers of the said Forest out of such part of the said Forest as shall be found by three or more of the Commissioners most convenient to be Inclosed and most apt to produce Wood and Timber and may be best spared from the Commoners and High-ways whereof One thousand shall be forthwith Admeasured Set out Inclosed Butted and Bounded and the Quantities Buts and Boundaries returned into the Exchequer to remain on Record and the remaining One thousand Acres immediately after the first Session of Parliament which shall be held after the year 1699. shall in like manner be Admeasured Inclosed and the Boundaries returned into the Exchequer There may also be Inclosed 200 Acres more of the Wast in the said Forest yearly for 20 years after the several Inclosures of the said 2000 Acres shall be compleated The said Inclosures to remain in severalty in the actual possession of the Crown for ever clear from all manner of Right Title or Pretence and shall be kept a Nursery for Wood and Timber only II. Any Six of the said Commissioners with one of the Purveyors of the Navy shall set out so many decayed Trees not being Ship Timber as shall be necessary to make the said Inclosure III. When the Commissioners of the Treasury the Lord Treasurer or Chancellor of the Exchequer shall be satisfied that the Woods and Trees growing on the said 2000 Acres or any part thereof are out of danger of Brousing of Deer Cattle or other prejudice and shall thereupon lay the same open then the King his Heirs and Successors may inclose out of the said Forest in lieu of so much so laid open the like quantity out of any other part of the said Wastes to be set out by like Commission and Admeasurement as aforesaid free of all Herbage Pannage or other Rights while inclosed to be a Nursery for Timber as aforesaid instead of so much as shall be laid open And when any Wood or Timber is to be felled in any part of the said Forest two or more of the Verderers and four or more of the Regarders of the said Forest shall have notice thereof and shall not be felled till first viewed and allowed to be felled by a Commissioner or Officer of the Navy Nor shall any Coppice Woods be cut till the Surveyor of the Woods or such Officer or Purveyor of the Navy shall have marked with a Broad-Arrow and Crown such Trees as are fit to be reserved for Timber and shall certifie to the Lord Treasurer or Commissioners of the Treasury the Names of the places and number of Trees so viewed and allowed to be felled and so marked to be preserved for the use of the Navy And if any persons shall fell any such Wood or Trees before view and Allowance or cut down any of the said marked Trees without good Warrant they shall forfeit for every Tree so felled 50 l. one Moiety to the King the other to them that will sue for the same IV. The said Inclosures shall not be plowed or sowed with Corn or fed with Cattle or kept for Underwood but in such manner as shall be fit for raising Timber for the Navy V. If any Forester Keeper or Under-Keeper or other Officer or person or any by their direction shall Top Lop or Browse any Oak or Beech-tree in the said Forest such Officer for every such Offence shall forfeit 10 l. and be incapable of any such Office Nor shall any Collier Keeper or Under-Keeper make or suffer any Coal-Fires for making Charcoal within the said Forest as being contrary to Law except in the Wast Ground of the said Forest particularly appointed and not within 1000 Paces of any Inclosure to be made by this Act Nor shall such Coal-Fires be fenced with Bushes but with Heath or Furze only but every Collier making such Coal-Fires and every Officer permitting them shall forfeit for every Offence 100 l. And the said Under-Keeper or Foresters shall also forfeit 20 l. for every neglect in not making the Drifts of the said Forest as directed by the Statute 32 H. 8. VI. All persons who shall break down any of the said Inclosures for raising Nurseries of Wood and Timber which Inclosures are to be kept up 20 years at least from their making or shall burn Heath or Fern or destroy any of the Covert or steal any
Parliament XCVI Every Receiver General is to Enter in Books all the Sums he receives the Names of each Collector the days when and Sums paid how much in Hammer'd and how much in Mill'd Money or Gold and all Bills by him paid in pursuance of this Act. Which Books are to lye constantly open at one certain place within his Receipt to which all persons are to have access And every Receiver neglecting to keep such Book or to Enter his Receipts by the space of three days or refusing any person to inspect the same shall forfeit 100 l. XCVII A Proviso That 200000 l. out of the first Bills to be issued or the first Moneys arising by this Act Except the 3 s. Aid and Loans thereupon shall be Appropriated for payment of Soldiers Quarters in England between 1 Jan. 1694. and 1 Jan. 1696 not otherwise satisfied before 1 Feb. 1696. if the said Quarters amount to so much It shall be Felony to Counterfeit the said Exchequer Bills without Benefit of Clergy XCVIII A Proviso That this Act shall not Charge the 50000 l. per An. Granted in Trust for the Prince and Princess of Denmark with the Duty of 4 s. 4 d. per Pound XCIX Persons not Charged over and above the 4 d. per Month with the Duties on Wages Pensions Salaries Offices or Imployments of the yearly Value of 8 l. or for their own Lands or Tenements of the yearly Value of 40 s. or for Money or Stock of the Value of 5 l. shall not be Charged with the 4 d. per Month for their Children under the Age of Sixteen Years C. Also Poor Housekeepers who by reason of their poverty do not contribute to Church or Poor shall not be charged by this Act Nor shall it extend to charge Houses not cover'd or made habitable CI. A Proviso That Hammer'd Money shall be Current at 5 s. 2 d. per oz. after 1 Feb. 1696. in all payments except where it is directed to be Received at a greater value CII Stat. 8 9. W. 3. cap. 7. During the term of two years from 1 March 1696 a Duty of 20 per Cent. of the true value for all Paper Vellum and Parchment of what kind soever made within this Kingdom shall be paid by the Makers thereof And for all Paper Pastboard Vellum and Parchment either in Rolls Reams Quires Books printed or not printed or otherwise Imported during the said Term 25 per Cent. over and above all Customs and Duties already payable for the same CIII Which Duties on Importations shall be paid by the Importers upon making their Entries of the same or shall be secured to be paid within three Months after such Entry with a Discount of 10 per Cent. per Ann. for payment in ready Money with a Clause of forfeiture upon Landing any such Imported Commodities before Entry be made thereof CIV The said Duties on Importations to be Collected by the Officers of the Customs according to the true value to be esteemed upon the Oath of the Importer And the Duties upon the said Commodities made within the Realm shall be ascertained by Commissioners thereunto appointed their Substitutes or Deputies under the direction of the Commissioners of the Treasury CV In case of Controversie the value of such Goods made within the Realm shall be esteemed by Affidavit of the Makers thereof in Writing with Liberty to his Majesties Officers to take such Goods at the value specified in the said Affidavits paying down ready Money for the same CVI. The makers of the said Manufactures shall before 25 Mar. 1697. give notice in Writing of the place where such Manufactures are usually made or intended to be made and the Names and places of abode of the makers thereof under the penalty of 20 l. And shall not make the same but in such common places whereof they shall first have given Notice and shall permit the respective Officers of the said Duties to take notice of the stock of Materials for making the same And shall within five days after such Commodities are made so as to be fit for use and before the removal thereof make true Entries of the same with his Majesties Officers and shall then or within six Months after pay the said Duties and thereupon shall have a permission gratis for carrying the same away with an Allowance of 10 per Cent. per An for prompt payment CVII It shall be Lawful for the said Officers to search and see what quantities of the said Commodities are making who are not to be refused Entrance under the penalty of 10 l. And if any persons shall endeavour to Defraud his Majesty of his just Dues for the same they shall Forfeit 50 l. and the Commodities concealed not entred or unlawfully removed shall be also forfeited CVIII All Merchants Stationers Wholesale-sellers Retailers Paper-makers and others having on 1 Mar. 1696. any stock of Paper Parchment Vellum or Pastboard for sale shall pay a Duty of 17 l. 10 s. per Cent. of the true value thereof within ten days after the said 1 Mar. 1696. CIX The persons aforesaid shall deliver to the proper Officer a Particular in Writing Signed of the Quantities Kinds and Values of the said Goods which Officers are Impowred to take an Account of and view the said Goods and shall be permitted so to do under the penalty of 20 l. And if the said Duties be not paid by 11 Mar. 1696. nor secured to be paid within three Months the said Officers may Levy the same by Distress of the Goods and Chattels of the persons liable thereunto CX Provided that the persons paying the said Duties by 11 Mar. 1696. shall be allowed 10 per Cent per An. for prompt payment And the valuation of the said Stock shall be esteemed by the Oath of the Owner taken in Writing with liberty to the Kings Officer to take such Goods at the value specified in the said Affidavit paying down ready Money for the same CXI Upon neglect to give in such particulars before 5 Mar. 1696. or not giving in the full of the said Stock or carrying away or concealing any part thereof before the Duty shall be paid or secured to forfeit 50 l. and the Goods so not given in or carried away or concealed shall be forseited CXII In case of Seizure and Information or Complaint thereupon within eight days two of the next Justices of the Peace are to hear and determin the matter and upon Appeals the Justices of the next Quarter Sessions are to hear and determin the same finally CXIII All Entries Accounts and Permissions aforesaid are to be made gratis CXIV Provided that upon Exportations beyond the Seas the Duties so paid or secured shall be repaid or discharged CXV Any persons may Lend on the Credit of this Act 125000 l. at 8 per Cent. Interest free from Taxes to be paid every three Months till repayment of their Principal which shall be repaid in course and the Money not diverted to any other
be Nonsuit or forbear Prosecution the Defendant shall have treble costs CCCXXI. Stat. 9 10 W. 3. cap. 14. That the Additional and other Duties and Impositions upon the several sorts of Goods and Merchandizes Imported into this Kingdom and from thence Exported Expressed and Granted in and by an Act An. 6 7. W. 3. Intituled An Act for Granting to His Majesty several Additional Duties upon Coffce Tea Chocolate and Spices towards Satisfaction of the Debts due for Transport Service for the Reduction of Ireland shall be Continued from 1 May 1698. and be levied and paid to His Majesty His Heirs and Successors till 1 May 1701. And that the said Act and all Powers Articles and Clauses therein contained shall continue in Force till the said 1 May 1701 and shall be practised and executed for levying and paying the said Additional and other Duties and Impofitions hereby contioned for paying interest for the Debt due for the said Transport Service CCCXXII Stat. 9 10 W. 3. cap. 25. After 1 Aug. 1698. there shall be paid to his Majesty his Heirs and Successors for ever over and above all other Duties the Sums following viz. For every Skin or Piece of Velum or Parchment or Sheet or Piece of Paper on which there shall be Ingrossed or Written CCCXXIII Any Grant under the Great Seal or Dutchy of Lancaster of any Honour Dignity Promotion Franchise Liberty or Privilege or Exemplification of the same Except Commissions of Rebellion in Process 40 s. CCCXXIV Any Pardon Except the General Circuits and Newgate Pardon Wairant of Reprieve Relaxation from Fines Corporal Punishments or Forfeitures 40 s. CCCXXV Any Grant of Money above 100 l. under the Great or Privy Seal only any Grant of Office or Imployment above 50 l. per Ann. any Grant of Lands in Fee or Leases for Years or other Grant of Prosit under the Great Seal Exchequer Dutchy of Lancaster or Privy Seal only 40 s. each CCCXXVI Any Presentation or Donation Collation Dignity or Spiritual or Ecclesiastical Promotion of 10 l. per Annum or above in the Kings Books 40 s. CCCXXVII Any Dispensation for two Ecclesiastical Dignities or Benefices or other Dispensation or Faculty 40 s. CCCXXVIII Any admittance of a Fellow of the College of Physicians or of any Attorney Clerk Advocate Proctor Notary or other Officer in any Court 40 s. CCCXXIX But not to extend to any annual Officer in a Corporation or Inferior Court whose Office is under 10 l. per Annum in the whole CCCXXX Any appeal from the Court of Admiralty Arches or Prerogative of Canterbury or York 40 s. CCCXXXI Any Exemplification under the Seal of any Court 5 s. CCCXXXII Any Decree or Dismission in Chancery Exchequer Dutchy of Lancaster Palatine of Chester Durham or other Court of Equity 6 d. CCCXXXIII Any Institution or Licence under the Seal of an Archbishop Bishop Chancellor Ordinary or Eeclesiastical Court 5 s. CCCXXXIV Any Writ of Error Certiorari or Appeal except to the Delegates 5 s. CCCXXXV Any Significavit pro Corp ' deliberat ' 5 s. CCCXXXVI Any Sentence Attachment or Relaxation in the Admi ralty or Cinque Ports 5 s. CCCXXXVII Any Letter of Mart 5 s. CCCXXXVIII Any Probate of a Will or Administration above 20 l. value 5 s. CCCXXXIX Any Recognizance Statute Staple or Statute Merchant 5 s. CCCXL Any Record of Nisi prius or postea 2 s. 6 d. CCCXLI Any Judgment Sigu'd by any Officer of the Courts at Westminster 2 s. 6 d. CCCXLII Any Commission out of Ecclesiastical Courts 2 s. 6 d. CCCXLIII Any Warrant Monition or Personal Decree in the Courts of Admiralty or Cinque Ports or Beneficial Warrant or Order under the Sign Manual except for the Navy Army and Ordinance 2 s. 6 d. CCCXLIV Any Special Ball or Appearance 1 s. CCCXLV. Any Bill Answer Replication Rejoynder Interrogatories Depositions or other Pleadings in Chancery Exchequer Dutchy and Palatine Courts and other Courts of Equity 1 s. CCCXLVI Any Admission into a Corporation or Company the Universities Inns of Court and Chancery 1 s. CCCXLVII Any Affidavit except for Burying in Woollen or before the Officers of the Customs Justices of Peace or Commissioners for Taxes ex officie 6 d. CCCXLVIII Any Copy of such Affidavit 6 d. CCCXLIX Any Indenture Lease or Deed Poll except for binding poor Parish Children Apprentices 6 d. CCCL Any Original Writ except where Capias Issues Subpaena Bill of Middlesex Latitat Writ of Capias Quo minus Ded. potestatem and other Writs Processes or Mandates where the Debt Damage or Demand is of 40 s. or above except for levying Fines suffering Common Recoveries and Habeas Corpus Writs 6 d. CCCLI Any Entry of Actions in London and other Corporations and Courts of 40 s. or above 6 d. CCCLII. Any Common Bail and Appearance 6 d. Which is to be Entred or Filed in eight days after the Process is Returnable on Penalty of 5 l. to the Plaintiff CCCLIII Any Rule or Order of Court at Westminster 6 d. CCCLIV. Any Copy of such Rules or Orders or other Records or Proceedings 6 d. CCCLV. Any Citation Monition Libel Allegation Deposition Answer Sentence Final Decree or Inventory in Ecclesiastical courts Admiralty or Cinque-Ports or Copies thereof 6 d. CCCLVI. Any Charter-Party Policy of Assurance Passport Bond Release Contract Obligatory Instrument Protest Procuration Letter of Attorney or other Notarial Act 6 d. CCCLVII Any Declaration Plea Replication Rejoynder Demurrer or other Pleadings in Courts of Law 1 d. and Copies thereof 1 d. CCCLVIII Any Depositions except the Draughts thereof before they are Ingrossed Copies of Bills Answers Pleas Demurrers Replications Rejoynders Interrogatories Depositions or other Proceedings in Courts of Equity and Copies of Wills 1 d. CCCLIX After 1 Aug. 1698. Every Officer or Clerk in the Courts at Westminster shall set down the day and year of his Signing any Writ of Arrest upon such Writ and duly enter the same on Penalty of 10 l. CCCLX This Act shall not extend to Bills of Exchange Accounts Bills of Parcel Bills of Fees or Bills or Notes not Sealed for payment of Money at sight or demand or at the end of certain days of payment CCCLXI. Nor to the Probate of Wills or Letters of Administration of Common Seamen or Soldiers dying in the Kings Service a Certificate thereof being produced and Oath thereupon made before the proper Judge CCCLXII Nor to any Warrant or Recognizance before a Justice of Peace or the Surrender of any Copy-hold Estate or Copies of such Estate or Court Marshal Proceedings for Trial of a Common Soldier or proceedings before Commissioners of Sewers or in the Court of Stanneries CCCLXIII Sea Officers shall pay the same Stamp Duty as Land Officers pay by this Act only CCCLXIV The Duties by this Act granted shall be liable to such Redemption by Parliament as shall be declared this Session CCCLXV The King or Commissioners of the Treasury shall appoint Commissioners for managing these Duties who
in the Act 2 W. M. for an Aid of 2 s. in the pound for the speedy Payment of Money into the Exchequer and misapplication thereof are hereby Revived CXLIX After 10 July 1698. The Commissioners of the Treasury if it consist with his Majesties Service may direct Bank Bills to be Received in all Payments to the King until the end of next Session of Parliament but not when they are at any Discount Treason I. Stat 8 W. 3. cap. 4. For the Treasons and other Causes in the Preamble recited at large Enacted That Sir John Fenwick Baronet be Convicted and Attainted of High Treason and shall suffer the Pains of Death and incur all Forseitures as a Person Atainted of High Treason II. Stat. 8 W. 3. cap. 5. Enacted That if Sir George Barclay Knight Johnson alias Harrison Durant alias Durance Michael Hare Major George Holmes Philip Handford alias Brown Richard Richardson John Maxwell Bryerly Plowden Hungate shall not before 25 March 1697. Render themselves to the Lord Chief Justice of the Kings Bench or one of the Secretaries of State in order to their Trials for the Tieason wherewith they are charged then such of the said Persons as shall not so render themselves shall Stand and be Convicted and Attainted of High Treason and shall suffer the Pains of Death and all Forfeitures and Penalties as Traytors Convicted of High Treason III. And Counter John Bernardi Robert Cassells Robert Meldrum James Chambers and Robert Blackbourn and such other Persons who shall hereafter render themselves or shall be apprehended against whom there shall be Evidence upon Oath of being concerned in the said Conspiracy of Assassinating his Sacred Majesty shall be detained in Custody without Bail till the first day of January 1697 unless they shall be sooner Bailed by order of Councel signed by six Privy Councellors IV. Stat. 9 W. 3. cap. 1. Every of His Majesties Subjects who since 11 Decemb. 1688. have voluntarily gone into France or any of the French Kings Dominions in Europe without Licence from his Majesty or the late deceased Queen Mary or who have during the late War with France born Arms in the Service of the French King by Sea or Land or who have since 13 Feb. 1688. been in Arms under the Command or in the Service of the late King James in Europe and shall after 14 Jan. 1697. return into this Kingdom or any other his Majesties Dominions without Licence under the Privy Seal shall be Guilty of High Tieason and suffer and forseit accordingly V. Every of his Majesties Subjects who after 14 Jan. 1697. shall without Licence from his Majesty within this Realm or without in order to give any Aid or Assistance to the late King James hold or keep any Intelligence or Correspondence by Letters Messages or otherwise with the late King James or with any Person Imployed by Him knowing such Person to be so Imployed or shall without Licence from his Majesty by Bill of Exchange or otherwise remit or pay any Sums of Money for the Use or Service of the late King James knowing such Money to be for such Use or Service shall be Guilty of High Treason and suffer and forfeit accordingly VI. Any of the Offences against this Act committed out of this Realm may be laid and tried in any County of this Realm VII The Clause in an Act of 3 4 W. M. Intituled An Act against Corresponding with their Majesties Enemies whereby it was Enacted That if any of his Majesties Subjects should after 10 March 1691. without Licence from their Majesties voluntarily go or Imbark in any Vessel with intent to go into France or any Dominions of the French King should be Guilty of High Treason is declared to be intended only during the War with France and is now of no force VIII Provided That if any Person who since 11 Dec. 1688. went into France or any of the French Kings Dominions without Licence or who had been in Arms under the late King James or the French King or in either of their Services since 13 Feb. 1688. and hath returned into this Realm without Licence such Person shall depart this Realm by the first of Febr. 1697. unless before that time such Person obtain his Majesties Licence for staying here And every such Person not departing this Realm by 1 Febr. 1697. or after such departure returning into this Realm without his Majesties Licence shall be Guilty of High Treason and suffer and forfeit accordingly IX No person shall pay for any such Licence above 10 s. in each Office through which such Licence shall pass and Persons receiving more shall forfeit 20 l. to the Party grieved X. All Persons who after 6 Jan. 1697. shall procure or accept any Charter of Pardon or Grant of any Title of Honour or other matter or thing in England or Ireland from the late King James or shall claim any Benefit thereby or by any Writing purporting any such Pardon or Grant shall be Guilty of High-Treason and suffer and forfeit accordingly And whosoever hath since 11 Decemb. 1688. accepted such Pardon or Grant shall by the 13 of Febr. 1697. deliver such Pardon or Grant to his Majesty in Council or to one of the Secretaries of State before two Witnesses or be Guilty of High Treason and suffer and forfeit accordingly XI Any Person who having accepted or concealed any such Pardon or Grant shall discover and deliver up the same by the said 13 Febr. shall not be punished for procuring accepting or concealing thereof but be wholly Indempnified for the same XII All Persons Indicted for any thing made Treason by this Act shall have the benefit of the Act 7 W. 3. Intituled An Act for Regulating of Tryals in cases of Treason and Misprision of Treason XIII All Grants of any Estate forseited by Virtue of this Act shall be utterly void Wool I. Stat. 9 10. W. 3. cap 40. The Act made 7 W. 3. Intituled An Act for the more effectual Preventing the Exportation of Wool and for Incouraging the Importation of Wool from Ireland and every thing therein contained except what is hereby otherwise altered shall continue and be in full force II. After 24 Jun. 1698. No Fullers Earth or Scouring Clay shall be Exported out of this Kingdom into Ireland Scotland or any other Foreign parts but the Exporter shall forfeit 1 s. for every pound weight III. All Owners of Wool Shorn Housed or Lodged within 10 Miles of the Sea side in Kent and Sussex shall give an Exact Account in Writing within 3 days after Sheering of the number of Fleeces and where lodged or housed to the next adjoyning Port or Officer of the Customs and the like notice before Removing thereof and the Name and Abode of the Persons to whom disposed and where intended to be carried and shall take a Certificate of such Entry on forfeiture of the Wool not Entred or otherwise Disposed of and a penalty of 3 s. per pound for such
of the Customs shall knowingly connive at the Importation or Disposing of such Alamodes and Lustrings or if any Persons taking upon them to Seize or Prosecute in pursuance of this or any other Act shall by Collusion desist or delay Prosecution to Condemnation of the said Silks they shall forfeit 500 l. and be incapable of any Office or Imployment LXI Such Persons Convicted for any Offence against this or any other Act relating to Alamodes or Lustrings as shall afterwards offend a second time or oftner shall so often as they offend forfeit double the sum inflicted by this Act. LXII All Persons offending contrary to this or any other Act relating to Alamodes or Lustrings shall be prosecuted in any Action Suit or Information and thereupon a Capias in the first Process specifying the Penalties sued for may Issue and sufficient Bail and Security shall be given by Natural born Subjects or Denizens to answer such Suit and at the time of Appearance sufficient Bail and Security in Court to answer the Penalties in case of Conviction or to suffer Imprisonment LXIII All the Penalties and Forfeitures imposed hereby or by any former Law relating to Alamodes or Lustrings shall be two third parts to his Majesty and one third to the Prosecutor the charge of which Suit shall be born by his Majesty out of his Majesties part of the Forfeitures Which Penalties and Forfeitures shall be recoverable by Action of Debt Bill Plaint or Information in any the Courts of Record at Westminster wherein no Essoign c. shall be allowed nor more than one Imparlance All which Informations or Actions may be laid and tried in such places and with the like proceedings as are used about the Scizing Condemning or Prosecuting any Goods for Non payment of Customs or other Duties or any Persons offending against the Laws relating to the Customs LXIV No claim shall be entred to any such Silks seized as aforesaid till Security given by Recognizance before a Judge to answer the Penalties and Forfeitures with full cosis of Suit where a Verdict shall pass or Judgment be entred for the Plaintiff And in default of such Security within the limited time the Goods to be forfeited and Judgment entred accordingly LXV This Act and every thing therein contained shall be taken to be a general Law and not needful to be set forth in Heading and shall be construed most beneficially for the Prosecutor and for preventing the mischiefs hereby provided against And Persons sued for any thing done by virtue hereof may plead the General Issue and give this Act and the Special matter in Evidence And upon a Verdict for the Defendants or if the Plaintiff Discontinue be Non-suit or suffer Judgment by Demurrer the Defendants shall have treble Costs LXVI All Actions brought by an Informer against this Act shall be Commenced within two years after the offence committed LXVII The Royal Lustring Company having been first Erected by the late King James by Letters Patents bearing date 23 Novemb. 4. Jac. 2. for the Term of 14 years and afterwards by the Letters Patents of his present Majesty and the late Queen of Blessed Memory bearing date 15 Octob. 4 W. M. Incorporated with perpetual Succession for the making and dressing of Alamodes Renforcez and Lustrings in England And having brought the said Manufacture to perfection but by reason of the fraudulent Importation of Alamodes and Lustrings and in contesting with many difficulties and obstructions have not enjoyed the benefit intended them by the said Charter It is Enacted That the foresaid Company and their Successors shall from henceforth be a Body Politick and Corporate by the Name of the Royal Lustring Company and Enjoy all the Privileges and Authorities granted them in the said Charter of Incorporation as fully as if the same were recited in this Act. LXVIII The said Royal Lestring Company and their Successors shall have the sole exercise and benefit of Making Dressing and Lustrating of plain Black Alamodes Renforcez and Lustrings within this Realm for 14 years from 24 Jun. 1698 and from thence to the end of the next Sessions of Parliament any thing to the contrary notwithstanding LXIX The said Company having 17 Bails of Fine Italian Thrown Silk in Amsterdam brought thither over Land before the Conclusion of the Peace and designed to be Imported and used here in the Manufacture of Alamodes and Lustrings but could not be Imported within the time limited by Law It is Enacted That the said Company may Import into this Kingdom the said 17 Bails of Silk before 29 Sept. next paying the legal Duties to his Majesty LXX Stat. 9 10 W. 3. cap. 44. Enacted That there shall be through England and Wales and Town of Berwick upon Tweed Levied and paid to his Majesty his Heirs and Successors for Salt over and above all other Duties already payable these Additional Rates viz. 5 d. per Gallon for all Salt Imported from 1 July 1698. to 25 December 1699. And from 24 December 1699. for ever 7 d. per Gallon and so for a greater or lesser Quantity LXXI For all Salt and Rock-Salt Home made from the said 1 July 1698. to 25 December 1699. 2 d. Half-peny per Gallon and from 24 December 1699. for ever 3 d. Half peny per Gallon subject to the Redemption hereafter mentioned LXXII Which Duties on Foreign Salt shall be paid by the Importer before landing and if Landed before due Entry thereof or before the Duties be paid or a Warrant for the Landing thereof then to be Forfeited and also 10 s. for every Bushel so Landed LXXIII Provided that the Importers of Salt giving Security for payment of these Duties shall have Six Months time for Payment with a Discount after 10 l. per Centum per Aunum for prompt Payment LXXIV The said Duties on Salt to be Managed by the Commissioners of Excile who are to Appoint the necessary Officers and the Penalties and Forfeitures hereby Imposed to be Sued for and Recovered by the same Ways as Directed by the Act 12 Car. 2. For taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and Setling a Revenue on His Majesty in lieu thereof or by any Law now in Force relating to the Excise LXXV All Makers and Proprietors of Salt and Rock-Salt within the Kingdom shall make true Entries with the Officers so appointed and shall have their Warrant gratis for Carrying the same away upon Payment or Security to pay the Duties within Six Months after such Entry with a Discount after 10 l. per Cent. per Annum for Ready Money LXXVI The Officers so Appointed may seize all such Salt as after 1 July 1698 shall be Conveying away before due Entry made or Warrant obtain'd for Conveying thereof And if not Claim'd within Ten Days then to be absolutely Forseited and Sold One Moiety of the Preceed thereof to go to the King the other to the Seizer And if Claim'd without