mitat' and arreft in privileged and juft Debts; Be it further enacted by the Authority aforefaid, That from and after the faid first Day of May, it fhall and may be lawful for any Perfon or Perfons, who have or hath any Debt or Debts, Sum or Sums of Money due or owing to him from any Perfon or Perfons who now is, or hereafter fhall be and refide within the White Friers, Savoy, Salisbury Court, Ram Alley, Pretended priMitre Court, Fuller's Rents, Baldwin's Gardens, Montague Clofe, vileged Places. ~ or the Minories, Mint, Clink, or Deadman's Place, upon legal Procefs taken out against fuch Perfon or Perfons, to demand and require the Sheriffs. of London and Middlefex, Head Bailiff of the In what Cafe Liberty of the Duchy of Lancaster, or High Sheriff of the County Sheriffs, &c. may of Surrey, or Bailiff of the Liberty of the Borough of Southwark take Pole Cofor the time being (as the Cafe fhall require, if the Plaintiff think it requifite) or their refpective Deputy or Deputies, Officer or Officers, to take, and they are hereby enabled refpectively to take the Poffe Comitatus, or fuch other Power as to him or them or any of them fhall feem requifite, and enter the faid pretended privileged Places, and any or either of them (as the Cafe fhall require), and to arrest, and in cafe of Refiftance or Refufal to open the Doors, to break open any Door or Doors to arrest such Perfon or Perfons upon any Mefne or other Procefs, Extent or Execution, or to feize the Goods of any fuch Perfon or Perfons upon any Execution or Extent; and if the faid Sheriff or Sheriffs, Head Bailiff, or their Deputy or Deputies, Officer or Officers, Places. or either or any of them fhall neglect or refufe (upon fuch Re- Neglecting or queft) with fuch Force to do their beft Endeavours for the exe- refufing. cuting of fuch Procefs, Execution or Extent, he or they fo neglecting or refufing to execute fuch Procefs, Execution or Extent, fhall forfeit to the Plaintiff or Plaintiffs in fuch Action the Sum of one hundred Pounds, to be recovered by Action Penalty. of Debt, Bill, Plaint or Information, in which no Effoin, Protection, or Wager of Law, or more than one Imparlance shall be allowed; and if in the executing of fuch Procefs, Execution or Extent, any, Perfon or Perfons fhall oppofe or refift any fuch Perfons oppofing Officer or Officers, or any of them, or any who fhall be aiding Officers. or affifting to him, them, or any of them, in the executing of fuch Procefs, Execution or Extent, he or they fo offending fhall for every Time he or they fhall fo offend, forfeit the Sum of Penalty. fifty Pounds, and moreover fhall be by fome Juftice of Peace committed to the common Gaol of fuch County, City or Place wherefuch Offence fhall be committed, there to remain without Bail or Mainprize until the next Affizes, Seffions of Oyer and Termi ner, and general Gaol Delivery, to be held for fuch County, City or Place; and fuch Offender or Offenders being of fuch Offence or Offences duly convicted, every fuch Offender fhall fuffer and undergo fuch Imprifonment, and be fet in the Pillory, Pillory. as the Court where fuch Conviction fhall be shall think fit; and if any Refcous fhall be made of any Prifoner taken by any fuch Officer or Officers as aforefaid, upon any fuch Procefs, Execution or Extent, within the Limits of any the before mentioned pretended privileged Places, by any Perfon or Perfons whatsoever, fuch Perfon or Perfons, fo making fuch Refcous, or aiding, affift- Ressous. ing or abetting the fame, and being thereof lawfully convicted, fhall refpectively forfeit to the Plaintiff in any fuch Action the Sum of five hundred P unds, to be recovered by Action of Debt, Bill, VOL. VI. F Bill, Plaint or Information, in any of His Majefty's Courts at Weftminfter, in which Action, Bill, Plaint or Information, no Effoign, Privilege, Protection, Wager of Law, or more than one Imparlance fhall be allowed; and if after fuch Recovery had against any Perfon or Perfons for fuch Refcous, or for aiding, affifting or abetting the fame, the Perion or Perfons against whom fuch Refufing to pay Recovery fhall be had, fhall refufe or neglect to pay to the with Cofts. Plaintiff in fuch Action, or to his, her or their Executors, Adminiftrators or Affigns, the Sum or Sums recovered, with full Cofts, of Suit, within one Month after Judgment figned upon fuch Recovery and Demand made, that then the Perfon or Perfons fo refufing or neglecting as aforefaid, upon producing a Copy of the Judgment upon which fuch Recovery fhall be had, and Oath made that the Money recovered is not paid, fhall, by Order of fuch Court wherein the faid Perfon or Perfons was or were fo convicted, of or for any fuch Refcous, or for aiding, affifting Tranfported for or abetting the fame, be tranfported by the Sheriff or Sheriff's 7 Years. Returning. Harbouring Transported for Returning. Felony. Penalties, how difpoted of. Aft to be a gellera Law. of the County, City or Place where fuch Conviction fhall happen to be, to one of His Majefty's Plantations beyond the Seas, there to remain for the Space of feven Years; and if the Person or Perfons fo tranfported, fhall return again to this Kingdom within the Space of feven Years, he, fhe or they fo returning, fhall be and is hereby adjudged guilty of Felony, and fhall not be allowed the Benefit of Clergy, but fhall fuffer and forfeit as in Cafes of Felony where Clergy is not allowed; and if any Perfon or Perfons, inhabiting within either or any of the aforefaid pretended privileged Places, fhall receive, conceal or harbour any Perfon or Perfons, who fhall have made any Refcous as aforefaid, he, fhe or they fo receiving, concealing or harbouring any such Perfon or Perfons, knowing or having had Notice that fuch Perfon or Perfons had been guilty of fuch Offence, being thereof convicted by due Courfe of Law, fhall be, by Order of that Court where fuch Conviction fhall happen to be, by the Sheriff or Sheriffs of the County, City or Place where the Offence was committed, tranfported to fome or one of His Majesty's Plantations beyond the Scas, there to remain for the Space of feven Years, unless fuch Perfon or Perfons fhall, within the Space of one Month next after fuch Conviction, pay to the Plaintiff or Plaintiffs in fuch Action or Suit, the full Debt or Duty for which fuch Action or Suit was brought, with full Cofts; and if he, the or they shall return into this Kingdom within the faid Space of feven Years, he, the or they fo returning, fhall be and is hereby adjudged guilty of Felony, and fhall not be allowed the Benefit of Clergy, but fhall fuffer and forfeit as in Cafes of Felony, where Clergy is not allowed. XVI. And be it further enacted, That the feveral Penalties before in and by this Act inflicted, and not particularly difpofed of, fhall go one Half to His Majefty, His Heirs and Succeffors, and the other Half to him or them that will fue for the fame, to be recovered as aforefaid. XVII. And for the Prevention of Difputes touching this Act, Be it enacted by the Authority aforefaid, That the fame, and every Claufe and Thing therein contained, fhall be deemed, adjudged and taken to be a general Law, and that it fhall not be needful to fhew or fet forth the fame or any Clause thereof in Pleading, Pleading, and that the fame, and all Claufes therein, fhall be con- How construed, ftrued moft largely and beneficially for the preventing of all the Mifchiefs, Abufes, Efcapes, and other Inconveniencies herein provided againft; and further, that if any Perfon or Perfons shall at any Time be fued for putting in Execution any Power or Authority given by this Act, fuch Perfon and Perfons fhall and may plead the General Iffue, and give in Evidence this Act, and the General Iffuę. Ipecial Matter; and if the Plaintiff or Plaintiffs in fuch Action fhall be nonfuit, or a Verdict given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs difcontinue their Action, or if upon Demurrer Judgment fhall be given for the Defendant or Defendants, every fuch Defendant or Defendants shall have his or their Double Cofts. "Right of Martha Johnfon, &c. faved. $18. Saving for Secu"rities made by William Lenthall Efq. to Sir John Cutler, &c. "19. (a). Right of Anthony Smith faved. § 20. Right of "Thomas Norwood and John Clements not to be prejudiced. § 21. "Deputations granted by William Lenthall made void, and fuc"ceeding Marthals to be conftituted by him with the Confent "of Edmund Boulter, until Debt to Boulter paid. § 22. (b) (a) (b) [See 27 G. 2. c. 17. § 1.] [Here the Roll is indorfed, Tenth Part 8&9 W. 3. and goes to Cap. 31. inclufive.] An A&t for the better Obfervation of the Course anciently used in the Receipt of Exchequer. Double Cofta Tellers of the OR the better Obfervation of the Course anciently used in the Receipt of the Exchequer, and the good, fure and regular Methods established, enacted, or appointed to be observed and kept by the refpective Officers and Minifters of the said Receipt, in all Matters concerning Receipts, Payments, or other Bufinefs to be there tranfacted or performed, whereupon the preferving and improving of the publick Credit do chiefly depend :' Be it enacted and declared by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Authority of the fame, That from and after the twentieth Day of April One thousand fix hundred ninety feven, from Time to Time, as any Sum or Sums of Money whatsoever shall be brought to the Receipt of the Exchequer to be there paid, either by way of Loan or Advance, or for or upon account of any Tax, Aid, Impofition, Revenue, or any the Talleyother Caufe or Occafion what foever, the refpective Teller or Tellers of the faid Receipt, into whofe Office or Offices the fame fhall be brought or tendred, as foon as the faid Sum or Sums of Money fhall be so brought or tendred, if the Officers and Minifters belonging to the Talley Court in the faid Receipt be then attending, or elle as foon as the fame Officers and Minifters fhall be attending for the levying a Talley or Tallies for the fame, fhall without Delay receive the faid Money fo brought or tendred, and weighing the fame in entire Sums or otherwife, and making due F 2 Entry ney on Loan, &c. to throw down a Bill into Court for a Talley to be struck for the fame, and be charged with the Sum received. Teller not duly charging himtelf with Monies lent or paid to the King. Penalty. Tellers Clerks offending. Penalty. How Teller to charge himself Monies. Entry of the Weight and Tale thereof (according to the ancient II. And be it enacted and declared by the Authority aforefaid, That from and after the faid twentieth Day of April One with Receipt of thousand fix hundred ninety feven, no Teller in the faid Receipt of Exchequer fhall charge himself by his Bill with the Receipt of any Monies in the Exchequer, but at fuch Times as the Officers of the Talley Court, their Deputies or Subftitutes, shall be there prefent, to levy a Talley or Tallies for the fame; nor shall any Teller, or other Perfon employed by him, throw down, or caufe to be thrown down into the faid Court, any Bill or Bills, owning or purporting the Receipt of any Sum or Sums of Money from any Lender of Money, Receiver, or any other Perfon or Perfons whatsoever, throw down a 2 whatsoever, upon which Bill or Bills a Talley or Tallies are to be levied, according to the Courfe of the faid Receipt, unless fuch Teller refpectively, or his Clerks, or Perfons employed by him, In what Cafe to fhall have actually received, and have then in his Office the very Bill for a Talley Money which fhall be fpecified in fuch Bill or Bills refpectively, to be truck. except in fuch Cafes where Tallies are or fhali be levied by the fpecial Warrants or Directions of the Commiffioners of the Treafury, or fo many of them as fhall be appointed to be a Quorum for the Time being, or of the Treafurer of the Exchequer for the Time being, or where the Perfon for whom any Talley or Tallies fhall be levied, or to whom fuch Money fhall be directed to be iffued, fhall at the fame Time, or on the fame Day of throwing down the faid Bill or Bills, give a Discharge according to the Courte of the Exchequer, upon fome Order or Debenture for the Money for which fuch Bill fhall be fo thrown down, pursuant to the like Warrant or Directions to be had and received for that Purpose ; upon Pain that any Teller who fhall offend against this Act, by Teller or Depu charging himfelf by his Bill at fuch Times as the Officers of ty offending. the Talley Court, their Deputies or Subftitutes, fhall not be there prefent as aforefaid, or by throwing down his Bill or Bills," without first receiving and having the Money therein specified in his Office as aforefaid (except in fuch Cafes as are before excepted) fhall for fuch Offence incur the like Forfeiture of Office and Difability as are before mentioned, and for every fuch Offence fhall forfeit and lofe double the Sum fo unduly charged by him Penalty. (to wit) one Moiety thereof to the King, and the other Moiety to fuch Perfon or Perfons as will inform and fue for the fame; and &c. if fuch Offence fhall be committed by any Clerk or Subftitute of Tellers Clark, fuch Teller, then fuch Clerk or Substitute, for every such Offence, fhall forfeit double the Sum fo unduly charged, in like Manner, Penalty. and fhall be removed and expelled from the faid Receipt. Bills may be received as therein mentioned, 9 & 10 W. 3. c. 44. $89. and fee a fimilar Claufe, 10 & 11 W. 3. c. 22. § 14.] [Bank III. And to the end that none of His Majefty's Treafure, which fhall be charged in the Receipt of the Exchequer, and ought to be there remaining, may be made ufe of or difpofed without fufficient and lawful Authority in that Behalf, it is hereby Order from allo enacted and declared by the Authority aforefaid, That no No Teller, &c. Teller in the faid Receipt of Exchequer, or any Clerk or Subfti- to difpofe of tute of fuch Teller, after the Bill or Bills of fuch Teller fhall Money without be thrown down into the faid Talley Court, to charge him with Auditor. any Sum or Sums of Money which ought to be in his Office, fhall difpofe, lend, pay, iffue, make ufe of, or by any Way or Device whatsoever shall truft or depart with fuch Money, or any Part thereof, out of his Office, without an Order or Debenture for the fame to be firft made forth and directed by the Auditor of the faid Receipt for the Time being, and recorded by the Clerk of the Pells for the Time being, and taking a Receipt to difcharge the King, according to the ancient Course and Practice of the faid Receipt, under the like Forfeitures, Disability, and Penalties to be incurred by fuch Tellers, their Clerks, and Subfti tutes refpectively, for fo doing, as are by this Act provided and to be inflicted for unduly charging any Money before it is. actually received and in the Office, as aforefaid. IV. And F 3 |