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Damage found by the Jury shall not exceed the Sum of twenty Nobles, and in all Suits upon any Writ or Writs of Scire facias, and Suits upon Prohibitions, the Plaintiff obtaining Judgment, or any A ward of Execution after Plea pleaded or Demurrer joined therein, shall likewise recover his Costs of Suit; and if the Plaintiff shall become nonsuit, or suffer a Discontinuance, or a Verdict shall pass against him, the Defendant shall Where Derecover his Costs, and have Execution for the fame in like Man- fendaut. ner as aforesaid.
IV. And for the preventing of wilful and malicious Trespasses, Where if Debe it further enacted, That in all Adions of Trespass to be com
fendant be found
guilty, Plaintiff menced or prosecuted, from and after the said five and twentieth
to have Coits, Day of March One thousand fix hundred ninety and seven, in &c. any of His Majesty's Courts of Record at Westminster, wherein at the Trial of the Cause it hall appear, and be certified by the Judge, under his Hand, upon the Back of the Record, that the Trelpass upon which any Defendant thall be found Guilty, was wilful and malicious, the Plaintiff hall recover not only his Damages, but his full Costs of Suit; any former Law to the contrary notwithstanding.
V. Provided always, That nothing herein contained hall be Executors. construed to alter the Laws in being as to Executors or Admiuiftrators, in such Cases where they are not at present liable to the Payment of Cofts of Suit.
VI. And be it further enacted, That in all Actions to be Where Plaintiff commenced in any Court of Record, from and after the said five or Defendant and twentieth Day of March One thousand fix hundred ninety dying before sinal and seven, if any Plaintiff happen to die after an interlocutory tion 110t to Judgment, and before a final "Judgment obtained therein, the abate. faid Action shall not abate by reason thereof, if such Action might be originally profecuted or maintained by the Executors or Administrators of such Plaintiff; and if the Defendant die after such interlocutory Judgment and before final Judgment therein obtained, the said Action shall not abate, if such Aation. might be originally profecuted or maintained against the Executors or Administrators of such Defendant ; and the Plaintiff, or if he be dead after such interlocutory Judgment, his Executors or Administrators, shall and may have a Scire facias agaiust Scire facias. the Defendant, if living after such interlocutory Judgment, or if he died after, then against his Executors or Administrators, to thew Cause why Damages in fuch Action should not be affelled and recovered by him or them; and if such Defendaut, bis Executors or Administrators, Thall appear at the Return of such Writ, and not thew or alledge any Matter fufficient to arrett the final Judgment, or being returned warned, or upon two Writs of Scire facias it be returned that the Defendant, his Executors or Administrators, had nothing whereby to be fummoned, or could not be found in the County, thall make Default, chat thereupon a Writ of Inquiry of Damages shall be awarded, which being executed and returned, Judgment final shall be given on Execution, a for the said Plaintiff, his Executors or Administrators, prose, fival Judgment cuting such Writ or Writs of Scire fucias, against such Defend to be giveti. ant, his Executors or Admitirators respectively,
VII. And be it further. enacted by the Authority aforefaid, D:ath of PasThat if there be two or more Plantilfs or Defendants, and
for more of them should die, if the Cause of such Action Mall furvive to the surviving Plaintiff or Plaintiffs, or against the surviving Defendant or Defendants, the Writ or Action Thall not be thereby abated; but such Death being fuggefted upon the Record, the Action shall proceed at the Suit of the surviving Plaintiff or Plaintiffs against the surviving Defendant or Defend
ants. In Actions on VIII. And be it further enacted, That in all Actions, which Bonds, &c. from and after the said five and twentieth Day of March One Plaintiff may
thousand fix hundred ninety and seven, shall be commenced or Breaches as he prosecuted in any of His Majesty's Courts of Record, upon any pleales.
Bond or Bonds, or on any Penal Sum, for Non-performance of any Covenants or Agreements in any Indenture, Deed or 'Writing contained, the plaintiff or Plaintiffs may aflign as many Breaches as he or they shall think fit, and the Jury upon Trial of such Action or Actions, shall and may assess, not only such
Damages and Cofts of Suit as have heretofore been usually done Jury may affefs in such cases, but also Damages for such of the said Breaches Damages fo to be assigned, as the Plaintiff upon the Trial of the Issues
shall prove to have been broken, and that the like Judgment shall be entred on such Verdiet as heretofore hath been usually done in such like Actions; and if Judgment shall be given for the Plaintiff on a Demurrer, or by a Confession or Nihil dicit, the Plaintiff upon the Roll may suggest as many Breaches of the Covenants and Agreements as he thall think fit, upon which shall issue a Writ to the Sheriff of that County where the Action shall be brought, to summon a Jury to appear before the Juftices or Justice of Aflize, or Nifi prius, of that County, to enquire of the Truth of every one of those' Breaches, and to affess the Damages that the plaintiff shall have sustained thereby; in which Writ it shall be commanded to the said Justices or Justice of Aflize, or Nifi prius, that he or they shall make
a Return thereof to the Court from whence the same shall issue, Where Execu. at the Time in such Writ mentioned ; and in case the Defend. Lion may be ant or Defendants, after such Judgment entred, and before any stayed,
Execution executed, shall pay unto the Court where the A&ion shall be brought, to the Use of the Plaintiff or Plaintiffs, or his or their Executors or Administrators, such Damages fo to be assessed by reafon of all or any of the Breaches of such Covenants, together with the Coits of Suit, a Stay of Execution of the said Judgment shall be entred upon Record; or if by reason of any Execution executed, the Plaintiff or Plaintiffs, or his or their Executors or Administrators, shall be fully paid or satisfied
all fuch Damages so to be assessed, together with his or their or discharged, Costs of Suit, and all reasonable Charges and Expences for
executing the said Execution, the Body, Lands or Goods of the Defendant, shall be thereupon forthwith discharged from the
said Execution, which shall likewise be entred upon Record but Judgment but notwithstanding, in each Case such Judgment shall remaing to remain, to
continue and be, as a further Security to answer to the Plaintiff answer any further Breach.
or Plaintiffs, and his or their Executors or Administrators, such Damages as shall or may be sustained for further Breach of any Covenant or Covenants in the same Indenture, Deed or Writing
contained, upon which the Plaintiff or Plaintiffs may have a Seire facias. Scire facias upon the said Judgment against the Defendant, or
against his Heir, Terre-Tenants, or his Executors or Administra-
CA P. XII.
several Goods and Merchandizes.
(Until the 17th of May 1697.]
(Here the Roll is indorfed, Third Part 8 G9W.3. and goes te
Cap. 16. inclusive.]
Officers and Soldiers who fhall mutiny or desert His
CA P. XIV.
Cathedral Church of Saint Puul, London, and for repair
ing the Collegiate Church of Saint Peter, Westminster. :W
HEREAS by an A& made in the Parliament begun at • our Lord One thousand fix hundred eighty and five, and in the
first Year of the Reign of the late King James the Second, 1 Jac. 2. C. 15,
intituled, An Aa for rebuilding, finishing and adorning of the ç'r. • Cathedral Church of Saint Paul's, London, it was enacted, That • for all Sorts of Coals, which from and after the nine and
twentieth day of September, One thousand fix hundred eighty and seven, and before the nine and twentieth Day of September • One thousand seven hundred, should be imported and brought • into the Port of the said City of London or the River of Thames, ' within the Liberty of the said City upon the fame River, there • should be paid by way of Impofition thereupon, over and besides * all other Impofitions and Duties, according to the Rates there
inafter mentioned (that is to say) For all such Sorts of Coals and • Culm as are usually sold by the Chaldron, for every Chaldron . thereof, containing thirty lix Bushels Winchester Measure, the · Sum of Eighteen pence; and for such Sorts of Coals as are • fold by the Tun, for every Tun thereof, containing twenty, • Hundred-weight, the like Sum of Eighteen pence ; which said
• Imposition of Eighteen pence for every Chaldron or Tun 'of
Coals the faid A& doth appoint how to be collected and paid,
and in the first place to be applied and disposed to the rebuild• ing, finishing, and adorning the said Cathedral of Saint Paul's, • and for the compleating parochial Churches, as by the faid Aa
more at large appears : And whereas not only the Monies • hitherto received for the said Duty, but several great Sums of • Money advanced upon the Credit of the faid A& (a consider• able Part whereof is now owing) and all other Supplies have · been carefully expended and laid out about the said Work, 5. whereby the fame is far advanced, and yet by reason of the
extraordinary Expence of Shipping in Time of War, and • Dearness of Materials, the Money hitherto provided for the • Works intended by the faid Act hath proved defective ; and • unless some further Provision be made for compleating the said
Works, that which is already done will be greatly damnified, • if not wholly loft ; and in case the same shall be compleated, it • will be necessary that some other Things be done, both for the • Convenience and Ornament of the said Cathedral Church :' Be it therefore enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem
poral, and the Commons, in this present Parliament assembled, Duty on Coals and by the Authority of the fame, That for all sorts of Coals and Culir. and Culm, which from and after the nine and twentieth Day of
Seplember One thousand feven hundred, and before the wine and
to Time, during the Term last aforesaid, be levied, answered, Powers, &c. in collected and paid, in the same Manner, Methods and Form, I Jac. 2. c. 15. and at such Places, and hy such Rules, Ways and Means, and
under fuch Penalties and Forfeitures as are mentioned, expressed or
Chaldron or Tun of Coals ; and that all and every the Powers, Authorities, Articles, Rules and Clauses, in Exp.ion. the aforefind Act mentioned or contained (except such and so
much of them concerning which it is otherwise hereafter pro-
to be in Force.
II. And be it further enacted by the Authority aforefaid, Powers of That all and every such Sum and Sums of Money, which shall Commilioners be raised, collected, or levied by virtue of this Act, shall be ap- for disposing of propriated, applied and disposed according to the Directions and Monies, Proportions hereinafter mentioned ; and that the Lord Archbishop of Canterbury and Lord Bishop of London, and Lord Mayor of London, for the Time being, or any two of them, shall have the like Powers and Authorities, for the ordering', directing, advancing and disposing of the Monies arising by virtue of this Act, for the Purposes in the said recited Act 'mentioned, unless as is hereinafter otherwise directed, as they had by the said former Act for the ordering, directing, advancing and dispofing of the Monies arising thereby.
III. And whereas the Collegiate Church of Saint Peter in Monies, how to • Westminster (being of ancient and Royal Foundation) is now in be applied.
great Decay, and in case the same be not speedily repaired) • will become wholly ruinous:' For Prevention whereof be it further enacted by the Authority aforesaid, That one full fixth Part of all Sums of Money which shall be raised, collected or levied by virtue of this Act, shall be appropriated, applied and disposed unto the repairing the said Collegiate Church of Saint Peter in Westminster, and to no other Use or Purpose whatsoever ; and that the faid Archbishop of Canterbury, Bishop of London, and Lord Mayor of London, for the Time being, or any two of them, shall and are hereby required from Time to Time, during the Continuance of this Act, to pay or cause to be paid unto the Chancellor of the Exchequer, the Lord Chief Justice of the King's Bench, and the Dean of the said Collegiate Church, for the Time being, (who are hereby constituted and appointed Commiffioners for repairing the said Collegiate Church) the said fixth Part of all such Šums of Money which shall be raised, collected or levied, by virtue of this Act, as is aforesaid, by equal quarterly Payments, the first Payment to commence and be made on the thirtieth Day of December, in the Year One thousand seven hundred ; which said Sums of Money, so to be paid to the said Chancellor of the Exchequer, Lord Chief Justice of the King's Bench, and Dean of the said Collegiate Church in Manner as is aforesaid, shall be by them laid out and expended in and towards the repairing the said Collegiate Church of Saint Peter in Westminster, as is above directed ; and the like Books Accounts therea of Accounts Thall be kept by them the said Chancellor of the of to be kept Exchequer, Lord Chief Justice of the King's Bench, and Dean and inspected of the said Collegiate Church, or by their Deputies or Officers,
gratis. of all Monies which from Time to Time shall be received, paid, difoursed and applied, by virtue of this Ad, towards the repairing the said Collegiate Church (the said Books to be inspected by all Persons gratis) and also the like Abstract of such Books Abstracts there. of Accounts shall be by them the said Commissioners or any of to be delitwo of them, before the End of Michaelmas Term in
vered into Ex
every Year, transmitted and delivered into the Receipt of Exchequer,
chequer. to be there received, kept and viewed, without Fee or Reward, in such Manner, and according to such Directions as are given to the faid Lord Archbishop, Lord Bifhop, and Lord Mayor, in and by the A&t above recited. VOL. VI.