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Damage found by the Jury fhall 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 Award of Execution after Plea pleaded or Demurrer joined therein, fhall likewife recover his Cofts of Suit; and if the Plaintiff fhall become nonfuit, or fuffer a Difcontinuance, or a Verdict fhall pass against him, the Defendant fhall Where Derecover his Cofts, and have Execution for the fame in like Man- fendant. ner as aforefaid.

fendant be found

guilty, Plaintif to have Costs,

IV. And for the preventing of wilful and malicious Trefpaffes, Where if Debe it further enacted, That in all Actions of Trefpass to be commenced or profecuted, from and after the faid five and twentieth Day of March One thousand fix hundred ninety and feven, in &c. any of His Majesty's Courts of Record at Westminfler, wherein at the Trial of the Cause it fhall appear, and be certified by the Judge, under his Hand, upon the Back of the Record, that the Trespass upon which any Defendant fhall be found Guilty, was wilful and malicious, the Plaintiff fhall recover not only his Damages, but his full Cofts of Suit; any former Law to the contrary notwithstanding.

V. Provided always, That nothing herein contained fhall be Executors. conftrued to alter the Laws in being as to Executors or Adminiftrators, in fuch Cafes where they are not at prefent 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 faid five or Defendant and twentieth Day of March One thousand fix hundred ninety dying before final and feven, if any Plaintiff happen to die after an interlocutory tion not to Judgment, AcJudgment, and before a final Judgment obtained therein, the abate. faid Action shall not abate by reafon thereof, if fuch Action might be originally profecuted or maintained by the Executors or Administrators of fuch Plaintiff; and if the Defendant die after fuch interlocutory Judgment and before final Judgment therein obtained, the faid Action fhall not abate, if such Action. might be originally profecuted or maintained against the Executors or Adminiftrators of fuch Defendant; and the Plaintiff, or if he be dead after fuch interlocutory Judgment, his Executors or Adminiftrators, fhall and may have a Scire facias against Scire facias. the Defendant, if living after fuch interlocutory Judgment, or if he died after, then against his Executors or Adminiftrators, to fhew Caufe why Damages in fuch Action fhould not be affeffed and recovered by him or them; and if fuch Defendant, his Executors or Administrators, fhall appear at the Return of fuch Writ, and not fhew or alledge any Matter fufficient to arrest 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, fhall make Default, that thereupon a Writ of Inquiry of Damages fhall be awarded, which being executed and returned, Judgment final fhall be given On Execution, a for the faid Plaintiff, his Executors or Adminiftrators, profe, final Judgment cuting fuch Writ or Writs of Scire facias, against fuch Defend- to be given. ant, his Executors or Adinitistrators refpectively.

VII. And be it further enacted by the Authority aforefaid, Death of ParThat if there be two or more Plaintiffs or Defendants, and one très.

or

In Actions on
Bonds, &c.

or more of them should die, if the Cause of fuch Action fhall furvive to the furviving Plaintiff or Plaintiffs, or against the surviving Defendant or Defendants, the Writ or Action shall not be thereby abated; but fuch Death being fuggefted upon the Record, the Action fhall proceed at the Suit of the furviving Plaintiff or Plaintiffs against the furviving Defendant or Defend

ants.

VIII. And be it further enacted, That in all Actions, which from and after the faid five and twentieth Day of March One thousand fix hundred ninety and feven, fhall be commenced or Breaches as he profecuted in any of His Majefty's Courts of Record, upon any

Plaintiff may

affigu as many

pleases.

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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 affign as many Breaches as he or they fhall think fit, and the Jury upon Trial of fuch Action or Actions, fhall and may affefs, not only fuch Damages and Cofts of Suit as have heretofore been usually done Jury may affefs in fuch Cafes, but also Damages for fuch of the faid Breaches Damages fo to be affigned, as the Plaintiff upon the Trial of the Iffues fhall prove to have been broken, and that the like Judgment fhall be entred on fuch Verdict as heretofore hath been usually done in fuch like Actions; and if Judgment fhall be given for the Plaintiff on a Demurrer, or by a Confeffion or Nihil dicit, the Plaintiff upon the Roll may fuggeft as many Breaches of the Covenants and Agreements as he thall think fit, upon which fhall iffue a Writ to the Sheriff of that County where the Action fhall be brought, to fummon a Jury to appear before the Juftices or Juftice of Affize, or Nifi prius, of that County, to enquire of the Truth of every one of thofe Breaches, and to affefs the Damages that the Plaintiff fhall have sustained thereby; in which Writ it fhall be commanded to the faid Juftices or Juftice of Affize, or Nifi prius, that he or they fhall make a Return thereof to the Court from whence the fame fhall iffue, at the Time in fuch Writ mentioned; and in cafe the Defendant or Defendants, after fuch Judgment entred, and before any Execution executed, fhall pay unto the Court where the Action fhall be brought, to the Ufe of the Plaintiff or Plaintiffs, or his or their Executors or Adminiftrators, fuch Damages fo to be affeffed by reafon of all or any of the Breaches of fuch Covenants, together with the Cofts of Suit, a Stay of Execution of the faid Judgment fhall be entred upon Record; or if by reason of any Execution executed, the Plaintiff or Plaintiffs, or his or their Executors or Adminiftrators, fhall be fully paid or fatisfied all fuch Damages fo to be affeffed, together with his or their Cofts of Suit, and all reasonable Charges and Expences for executing the faid Execution, the Body, Lands or Goods of the Defendant, fhall be thereupon forthwith discharged from the faid Execution, which fhall likewife be entred upon Record; but notwithstanding, in each Cafe fuch Judgment fhall remains continue and be, as a further Security to answer to the Plaintiff or Plaintiffs, and his or their Executors or Administrators, such Damages as fhall or may be fuftained for further Breach of any Covenant or Covenants in the fame Indenture, Deed or Writing contained, upon which the Plaintiff or Plaintiffs may have a Scire facias upon the faid Judgment against the Defendant, or

Where Execution may be stayed,

or discharged,

but Judgment to remain, to answer any further Breach.

Seire facias.

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against

against his Heir, Terre-Tenants, or his Executors or Administrators, fuggefting other Breaches of the faid Covenants or Agreements, and to fummon him or them refpectively to fhew Cause why Execution fhall not be had or awarded upon the faid Judg ment, upon which there fhall be the like Proceeding as was in the Action of Debt upon the faid Bond or Obligation, for affefling of Damages upon Trial of Iffues joined upon fuch Breaches, or Inquiry thereof upon a Writ to be awarded in Manner as aforefaid and that upon Payment or Satisfaction in Manner as aforefaid, of fuch future Damages, Cofts and Charges as aforefaid, all further Proceedings on the faid Judgment are again to be stayed, and fo toties quoties, and the Defendant, his Body, Lands or Goods, fhall be difcharged out of Execution as aforefaid.

CA P. XII.

An A&t for continuing feveral additional Impofitions upon feveral Goods and Merchandizes.

[Until the 17th of May 1697.]

[Here the Roll is indorfed, Third Part 859 W. 3. and goes to Cap. 16. inclufive.]

CA P. XIII.

An Act for continuing feveral former Acts for punishing EXP.
Officers and Soldiers who fhall mutiny or defert His
Majesty's Service, and for punishing false Musters, and
for Payment of Quarters, for one Year longer.

CA P. XIV.

An Act for the compleating the building and adorning the Cathedral Church of Saint Paul, London, and for repairing the Collegiate Church of Saint Peter, Westminster.

Jac. 2. c. 15.

THEREAS by an Act made in the Parliament begun at Weminfer the nineteenth day of May, in the Year of our Lord One thoufand fix hundred eighty and five, and in the first Year of the Reign of the late King James the Second, intituled, An Ad for rebuilding, finifbing and adorning of the $ 1. 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 thoufand fix hundred eighty ⚫ and seven, and before the nine and twentieth Day of September One thousand feven hundred, fhould be imported and brought ⚫ into the Port of the faid City of London or the River of Thames, within the Liberty of the faid City upon the fame River, there fhould be paid by way of Impofition thereupon, over and befides all other Impofitions and Duties, according to the Rates thereinafter mentioned (that is to fay) For all fuch Sorts of Coals and • Culm as are ufually fold by the Chaldron, for every Chaldron ⚫ thereof, containing thirty fix Bufhels Winchester Measure, the Sum of Eighteen pence; and for fuch Sorts of Coals as are fold by the Tun, for every Tun thereof, containing twenty • Hundred-weight, the like Sum of Eighteen pence; which faid

Impofition

and Culin.

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Impofition of Eighteen pence for every Chaldron or Tun of • Coals the faid Act doth appoint how to be collected and paid, and in the first Place to be applied and difpofed to the rebuilding, finishing, and adorning the faid Cathedral of Saint Paul's, and for the compleating parochial Churches, as by the faid Act more at large appears: And whereas not only the Monies hitherto received for the faid Duty, but feveral great Sums of • Money advanced upon the Credit of the faid Act (a confider• able Part whereof is now owing) and all other Supplies have been carefully expended and laid out about the faid Work, whereby the fame is far advanced, and yet by reafon 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 unlefs fome further Provifion be made for compleating the said Works, that which is already done will be greatly damnified, if not wholly loft; and in cafe the fame fhall be compleated, it will be neceffary that fome other Things be done, both for the • Convenience and Ornament of the faid Cathedral Church :' Be it therefore enacted 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 assembled, Duty on Coals and by the Authority of the fame, That for all Sorts of Coals and Culm, which from and after the nine and twentieth Day of September One thousand feven hundred, and before the nine and twentieth Day of September One thousand feven hundred and fixteen, fhall be imported or brought into the Port of the faid City of London or the River of Thames, within the Liberty of the faid City, upon fame River, there fhall be paid by way of Impofition thereupon, over and befides all other Impofitions and Duties, according to the Rates hercafter mentioned (that is to fay) For all fuch Sorts of Coals or Culm as are ufually fold by the Chaldron, for every Chaldron thereof containing thirty fix Bufhels Winchefter Measure, the Sum of Twelve pence; and for fuch Sort of Coals as are fold by the Tun, for every Tun thereof containing twenty hundred weight, the like Sum of Twelve pence; which faid Impofition of Twelve pence for every Chaldron of Coals or Culm or Tun of Coals, fhall from Time to Time, during the Term laft aforefaid, be levied, answered, collected and paid, in the fame Manner, Methods and Form, and at fuch Places, and by fuch Rules, Ways and Means, and under fuch Penalties and Forfeitures as are mentioned, expreffed or directed, in and by the faid A&t made in the faid Year of our Lord, One thousand fix hundred eighty five, for levying, answering, collecting and paying of the faid Impofition of Eighteen pence for every Chaldron or Tun of Coals; and that all and every the Powers, Authorities, Articles, Rules and Claufes, in the aforefaid Act mentioned or contained (except fuch and fo much of them concerning which it is otherwife hereafter provided) fhall be of fuch Force and Effect to all Intents and Purpofes, for the levying, collecting, paying, ordering, advancing and difpofing of the Impofition hereby granted, for and during the faid Term hereinbefore limited, as if the fame were particularly and at large fet down and enacted by this Act. 8

Powers, &c. in

I Jac. 2. c. 15. to be in Force.

Exception.

II. And

II. And be it further enacted by the Authority aforefaid, Powers of That all and every fuch Sum and Sums of Money, which fhall Commitioners be raised, collected, or levied by virtue of this A&t, shall be ap- for difpofing of propriated, applied and difpofed 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, fhall have the like Powers and Authorities, for the ordering, directing, advancing and difpofing of the Monies arifing by virtue of this Act, for the Purposes in the faid recited A&t mentioned, unlefs as is hereinafter otherwise directed, as they had by the said former Act for the ordering, directing, advancing and difpofing of the Monies arifing thereby.

III. And whereas the Collegiate Church of Saint Peter in Monies, how to Weftminster (being of ancient and Royal Foundation) is now in be applied. great Decay, and (in cafe the fame be not speedily repaired) will become wholly ruinous:' For Prevention whereof be it further enacted by the Authority aforefaid, That one full fixth Part of all Sums of Money which fhall be raised, collected or levied by virtue of this Act, fhall be appropriated, applied and difpofed unto the repairing the faid Collegiate Church of Saint Peter in Westminster, and to no other Ufe 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, fhall and are hereby required from Time to Time, during the Continuance of this Act, to pay or caufe to be paid unto the Chancellor of the Exchequer, the Lord Chief Justice of the King's Bench, and the Dean of the faid Collegiate Church, for the Time being, (who are hereby conftituted and appointed Commiffioners for repairing the faid Collegiate Church) the faid fixth Part of all fuch Sums of Money which shall be raised, collected or levied, by virtue of this Act, as is aforefaid, 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 faid Sums of Money, fo to be paid to the faid Chancellor of the Exchequer, Lord Chief Justice of the King's Bench, and Dean of the faid Collegiate Church in Manner as is aforefaid, fhall be by them laid out and expended in and towards the repairing the faid Collegiate Church of Saint Peter in Westminster, as is above directed; and the like Books Accounts there. of Accounts shall be kept by them the faid Chancellor of the of to be kept Exchequer, Lord Chief Juftice of the King's Bench, and Dean and infpected of the faid Collegiate Church, or by their Deputies or Officers, gratis. of all Monies which from Time to Time fhall be received, paid, difburfed and applied, by virtue of this Act, towards the repairing the faid Collegiate Church (the faid Books to be infpected

vered into Exchequer.

by all Perfons gratis) and alfo the like Abstract of fuch Books Abstracts there. of Accounts fhall be by them the faid Commiffioners or any of to be delitwo of them, before the End of Michaelmas Term in every Year, transmitted and delivered into the Receipt of Exchequer, to be there received, kept and viewed, without Fee or Reward, in fuch Manner, and according to fuch Directions as are given to the faid Lord Archbishop, Lord Bifhop, and Lord Mayor, in and by the Act above recited.

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IV. Pro

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