Page:Ruffhead - The Statutes at Large - vol 3.djvu/340

292 C. 3 — 5. Anno dccimo fexto Sc feptimo Carol i I!f. A. D. 1664. ngroffcrs or Retaileis refa- iing to fell at the faid Rates, The Continu- ance of this A&. Ptifons fued upon I his Aft may plead the Geueral lllue. Who may not act in fitting Rates upoa Coals. . II. And that if any Ingroffer or Retailer of fuch Coals flidl refufe to fell as aforefaid, that then the faid ! Lord Mayor and Aldermen, and Juftices of Peace refpeclively, are hereby authorized to appoint and itn- ' power fuch Officer or Officers, or other Perfons as they fhall thinlc fit, to enter into any Wharf, or other Place where fuch Coals are flored up; (2) and in Cafe of Refufal, taking a Conftable to force Entrance, and the faid Coals to fell, or caufe to be fold, at fuch Rates as the faid Lord Mayor and Aldermen and Juf- tices refpedively fhall judge reafonable, rendring to fuch Ingroffer or Retailer the Money for which the faid Coals fhall be fo fold, neceffary Charges being deducted. _ , IlL Provided, That this A6t fhall continue for three Years next enfuing, and thenceforth to the End of the next Seffion of Parliament, and no longer. IV. Provided alfo. That no Perfon or Perfons that fhall be fued by Virtue of this Aft for not obferving thereof, fhall be fued upon any other A£l: or Law now in Force for the fame Offence: (2) And if anv AiSion fhall be commenced againft any Juftice of Peace, Conftable, or other Officer or Perfon, for any Thing done by Colour of this AiSl, the Defendant in every fuch Aclion may plead the General Iffue, and give the fpecial Matter in Evidence ; (3) and if the Verdift be found for him, or if the Plaintiff become nonfuited, fhall recover and have his Damages and double Cofts of Suit for his unjufl: Vexation in that Behalf. V. Provided always. That no Perfon having any Intereft in any Wharf ufed for the receiving or utter- ing of Coals, or that doth or Ihall trade by himfelf or others, in his own or any other Name, in the Sale of any Coals, or the engroffing the fame, i'n order to fell the f;me, and not for his own private Ufe only, fhall aft or otherwife intermeddle in the fetting the Price of Coals ; any Thing in this Aft to the contrary in any wife notwithftanding. [Made perpetual by 7 & 8 W. 3. cap. 36. §. z.] Farthsr Provifians relating hereto. 30 Car. 2. c.S. 6 & y IK 3. c. 10 & iS. ■ g bf 10 W. 3 9 Anti. c. 6, 23 S 28. 4 Geo. 2. c. 30. 10 Geo. 2. c. 32. 19 Geo. 2. c. 3;. 22 Geo. 2. c. 37 and 33 Geo. 2. c. 15. J2 An7i. Jlat. 2. f. 9 fe? 17 ] 1 Geo. 2. c. 15. 23 Geo. 2. c. 26 Geo . c. 13 Geo. 2. c. 21. 30 Geo, 2. c. 13. 10 y 1 1 jv. 3. f. 21. ). 8 Geo. I. c. 14. 3 Gee. 19. 14 Geo. 31 Geo. . c. 41. 2. £. 15. 17 Geo. 32 Geo, 8 Ann. . c. z6. ' ^•35- . c. 27. CAP. III. EXP. An Aft for the Returning of able and fufficient Jurors. Jurors for Trials of Iffues fhall have 20 /. per An- Rayra, 417. num. Freehold. Iffues of Jurors upon Default. Penalty upon the Sheriff, i^c. How the Sheriff fhall find out Perfons fit to be returned for Jurymen. What Time Summons ought to be before Appearance. Nothing may be taken to excufe Appearance. The Penalty. County Palatine of jLfl«i:^r«-. The Con- tinuance of this Aft for three Years, i^e. C A P. IV. An Additional Act for the better Ordering and Collefling the Duty of Excife. 7 OR the better Ordering and Collefting the Duty of Excife, Be it enafted and declared by the King's mofl: Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, Powers given to and the Commons, in this prcfent Parliament affembled, and by the Authority of the fame, That from Farmers of Ex- and after the eighth Day of November., which fhall be in the Year of our Lord one thoufand fix hmidrej "'^" fixty and five, all Farmers of Excife, or any of them, within the feveral Circuits and Divilions of their re- urti, .1. 329. ^pg^^jyg Farms, fhall and are enabled hereby to exercife and put in Execution all fuch Powers, and Autho- rities which the Commiilioners or Sub-Commiffioners of Excife are enabled to do and execute by the feveral i2Car.3. C.24. Afts and Statutes of Excife, for the Levying, Raifing, Receiving and Managing of the faid Revenue of 35 Car. 2. c. II. Excife ; except the judicial Part of hearing and determining all Breaches and Offences againft the Laws of and "p.^i2. Excife, and of impofins:, mitigating or compounding of Fines or Penalties, fans concerning Excife, 21 & 23 Ci:r. a. c. 5. JV. & M. Jlat. I. c. 24. 4 W. & M. c. 3. 5 /if', fif M. c. 20, 7 f!^. 3. c. 30. 8 TK 3. c. 19. 10 JV. 3. c. 21. 12 ff^- V '• " ^ I2' ■ ./Jiin. fla:. 2. c, 3. 4 Am. c. 6. 8 Ann. c. 7. 10 Ann. c. 19. 12 Ann. fiat. a. c. 9. 6 Geo. i. c. 11. !»• Cfc 1. t. JO. 12 Geo, J. c. 28. J Geo, z. fitit, 2. ir. 16. 33 Ceo, 2, c. 36. 32 Geo. z. c, 17. 33 Ceo, a. c, 9. and i Geo. 3. c. j. •Security by Sta- tute- Mercliant and of the Sta- pie.. Execullcns a- voiued by Au- dita Querelj. For hat Caufes Extents upon Judgments or Statutes (hjU not be avoided yr debyed, C A P. V. An Aft to prevent Delays in extending Statutes, Judgments and Recognizances. HE R E A S the Security by Statute-Merchant and of the Staple is now become of little Ufe aird Benefit by the Fraud of the Conufors thereof in fundry Cafes, who, to prevent the Payment of ' their Debts, fecretly affign fmall Parts of their Lands to feveral and unknown Perfons : (i) And it having ' been ufed, that if the Creditor take Execution on fuch Statute, yet if the Lands of any one or more Per- ' fon or Perfons to whom fuch Alienation was made, and liable to fuch Execution, be omitted out of fuch ' Extent ; the fame Execution hath been avoided by Audita .^lercla, and the Party extending loft his Cofts, ' and was delayed of his juft Debt; and fo again upon any new Extent toties qiioties ; (3] and if any one ' Acre or Parcel of Land happened to defcend to an Infant, the whole Execution was deferred till full Age ' of fuch In '"ant; and if afterwards other Part of the Lands or Tenements liable to fuch Debt defcended ' to another Infant, then alfo a farther Delay happened during that Infancy alfo :' II. Be it therefore enafted 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 prcfent Parliament affembled, and by Au- thority of the fame. That when any Judgment, Statute or Recognizance fhall be extended, the lame ftiall not be avoided or delayed by Occafion that any Pait of the Lands or Tenements extendible are or fhall be 4 omitted