Page:Ruffhead - The Statutes at Large - vol 3.djvu/333

 A. D. 1663. Anno declmo quinto Caroli II. C. 17, 285 i' any be : Which Sequeftration fhall be made in Writing under the Hands and Seals of the faid Commif- {ioiieis for the Time being, or any feven or more of tliem. XXVIJI. Provided always, and be it enaded by the Authority aforefaid. That in Cafe the faid Gover- nor, Bailiffs and Corporation conftituted by this A6i:, fliall negledt or refufe to pay fueh Tax or Taxes and Penalties, Sum or Sums of Money, as fliall from Time to Time hereafter be taxed and impofed by the faid Commiflioners before-named, or to be named by Virtue of this Acl, or any feven ormorq of them, purfu- ant to the Powers given them by this Aft, whereupon the Goods and Chattels of any Perfon or Perfons, his or their Tenant or Tenants, of and in the faid ninety-five thoufand Acres, or any Part thereof, fhall be dillrained or (old, or his or their Lands fequeftrcd for the Payment thereof, or that fuch Perfon or Per- fons, his or their Tenant or Tenants, fhall thereupon pay the laid Tax and Taxes, and Penal .ies (b af- fefl'cd and impofcd as aforefaid; that then the faid Governor, Bailiffs and Corporation, immcdi:tely from and after Notice to him or them given thereof, fhall affefs and tax the whole ninety-five thoufand Acres for the Satisfi£lion and Payment of the Tax, Taxes and Penalties, Sum and Sums of Money, and all Dama- ges that fuch Perfon or Perfons, his or their Tenant or Tenants, hath or have paid, born or fuflained, as aforefaid. 'XXIX. And be it further ena£ted by the Authority aforefaid. That if the faid Governor, Bailiffs and Corporation fliall not v/ithin fix Months after Demand made by fuch Perfon or Perfons, his and their Heirs, Executors and Adminiftrators, whofe own or Tenant or Tenants Goods and Chattels fhall be diftrained or fold, or Lands fequeftred as aforefaid, pay and fatisfy unto him or them fuch Sum and Sums of Money and Damages as he or they, his and their refpe6live Tenant or Tenants have refpeftively paid, born and fuftain- cd; That then and from thenceforth fuch Perfon and Perfons, his and their Heirs and Affigns, fliall and may bring his and their Action or A6lions of Debt in any of the King's Majefly's Courts at TVeJhn'mJler, againft the faid Governor, Bailiffs and Corporation, for the Recovery thereof, and by Virtue of this A£t fhall recover the fame, and be allowed Cofls of Suit expended therein. XXX. And be it further enafted by the Authority aforefaid. That the Commiflioners fo conftituted or to be hereafter conftituted as aforefaid, or any feven or more of them, for the better Execution of the Powers hereby given, fliall and may inform themfelves by examining Witncffes upon Oath, which hereby they, or any feven or more of them, fhall have Power to adminifler, due Execution of- all, every or any the Powers or Authorities hereby given them, and for the doing Juflice therein accordingly. XXXI. Provided always. That the faid Commiflioners and every of them, before he or they take upon The Commlffio. him or them the Execution of any the Powers or Authorities hereby given them, other than the admini- ners to take aa ftring the Oath following to one another, which they fliall have Authority by this prefent KQn to adminifter Oath, to one another, fhall take the Oath following, (viz.) 1 ' [i)Y J. B. fhall and will without Favour or Affeftion, Hatred or Malice, truly and impartially, accord- ' J. ing to the beft of my Skill and Knowledge, execute and perform all and every the Powers and ' Authorities eftabliihed by this A£t of Parliament.' Which Oath any one of the faid Commiflioners are hereby authorized to adminifler. ;' XXXII. And be it further enacted by the Authority aforefaid. That all Judgments, Orders, Decrees, J Determinations, Alterations, Changes, Reftaurations, and other Afts done by the faid Commiflioners here- ~ i by conftituted, or hereafter to be conftituted, as aforefaid, or of any feven or more of them refpeiSively, - j purfuant to the Powers and Authorities by this Aft given, fhall be final; and that the firft Time and Place :; of their Meetings fhall be at or before the two and twentieth Day of Septe?7iber in the Year of our Lord one ' ■; thoufand fix hundred fixty and three, at Eh>. XXXIII. And that afterwards the ufual Places where the faid Commiflioners fhall fit to hear, order and The Places determine the Matters to them referred by this Aft, fliall from the tv^^enty-ninth Day of September to the where the Com- ; twenty-fixth Day of yJ-fffi-i:/:) in every Year, be at the Town of Huntington ; and from the twenty-fifth Day "'ffio"':" >^'' j of ^£7rt7:; till the thirtieth Day of 5«/)to«icr in every Year, be at £/)', unlefs the faid Commiflioners hereby'""" j conftituted, or hereafter to be conftituted, as aforefaid, or any feven or more of them, fhall appoint fome j other Place or Places, being a Market-Town or Towns; [z] and the faid Commiflioners, or any feven or > more of them, fhall by Warrant under their Hands and Seals declare the Places and Times of their After- meeting; which Warrant fhall be publifhed in the open Market of fuch refpeftlve Places where they laft, fat, between the Hours of Twelve and Two upon fome Market-Day one Month at theleaft before the faid ; Time or Times of Meetinfr, to the End all Perfons concerned may have fufEcient Time and Notice to make j their Appearance before them upon any Caufe of Complaint, or other Occafion; (3) and fliall have Power and Authoiity by Warrant under the Hands and Seals of any feven or more of them, to fummon Parties i and Witneffes to appear before them. ] XXXIV. Provided, That none of the faid Com.miflioners hereby conftituted, or hereafter to fee confti- "; 4uted, as aforefaid, fliall Vote or give his Judgment or Determination in any Matter or Thing which con- * earns the Divifion and Bounds of the County of or for which he is appointed Commiffioner. XXXV. Provided alfo. That no Perfon who hath any Part, Share or Intereft in Poffeilion or Reverfion of or in any Manors or Lands within the faid Level, fhall be a Commiflioner. ; XXXVL And in Cafe of Defcent, Gift, Devife or Purchafe of any fuch Part, Share or Intereft, to or j by any the faid Commiflioners, it is hereby declared and cnafted, That immediately after fuch Defcent, ] Gift, Devife or Purchafe to or by any fuch Commiifioner, the faid Defcent, Gift, Devife or Purchafe fhall ^ 'be an Avoidance of his being a Commiflioner, and fhall make him be incapable of being again nominated j <or appointed a Commiffioner whilft his Intereft doth remain. J XXXVII. Provided alfo, and the faid Commiflioners for the Time being, or any feven or more of them, ' Ihall from Time to Time, and at all Times have Power ^ind Authority to give and make Satisfaftion out of the