Page:Ruffhead - The Statutes at Large - vol 3.djvu/699

 A. D. 1 697' Anno odlavo & nono G u L I E L M 1 III. C. 12. 64.3 tcr, then againft his Executors or Adminiftrators, to fliew Caufe why Damages in fuch AiStion flioiilc! not Mod. Cafes in be affeflid and recovered by liiniorthem; and if fuch Defendant, his Executors or Adminiflratius, Ihall ^'^* "5. 3.^6. appear at the Return of fuch Writ, and not fliew or alledge any Matter fufficient to arrell the final Judg- ment, or being returned warned, or upon two Writs of iSaV^yijir/V/j- it be returned that the Defendant, his Executors or Adminiftrators, had nothing whereby to be fummoned, or could not be found in the County, fpe(£lively. VII. And be it further enaifted by the Authority aforefaid. That if there be two or more PlaintilFs or Aflionsmay Defendants, and one or more of them (hould die, if the Caufe of fuch Action ftiall furvive to the furviving i'rJc«'inotv.'ith. Plaintiff or Plaintiffs, or againft the furvivin^ Defendant or Defendants, the Writ or Aflion fliall not be '!='"J^f e 'l^c ■ thereby abated ; but fuch Death being fuggefted _upon the Record, the Adtion fliall proceed at the iuit of [h'^ p„° j^""' °^ the furviving Plaintiff or Plaintiffs againft the furviving Defendant or Defendants. VIII. And be it further enabled, That in all A£lions, which from and after the faid five and twentieth InAaionson Day of March one thoufand fix hundred ninety and feven, fliall be commenced or profecuted in any of His r'0"<i^j ^'^- Majefty's Courts of Record, upon any Bond or Bonds, or on any Penal Sum, for Non-performance of any f'^'n^'f* ■nay- Covenants or Agreements in any Indenture, Deed, or Writing contained, the Plaintiff or Plaintiffs may Bictchcs'as'l'ic affign as many Breaches as he or they fliall think fit, and the Jury, upon Trial of fuch Action or Actions, pieaicr. fliall and may affefs, not only fuch Damages and Cofts of Suit as have heretofore been ufually done in fuch jury mayafrcfs Cafes, but alfo Damages for fuch of the faid Breaches fo to be affigned, as the Plaintiff upon the Trial of Damages, the Ifl'ues fliall prove to have been broken, and that the like Judgment fhall be entred on fuch Verdift as heretofore hath been ufually done in fuch like Aftions ; and if Judgment fliall be given for the Plaintiff on a Demurrer, or by Confeffion, or Nihil dicit, the Plaintift" upon the Roll may fuggeft as many Breaches of the Covenants and Agreements as he fliall think fit, upon which fliall iffue a Writ to the Sheriff of that County where the Aftion fliall be brought, to funimon a Jury to appear before the Juftices or Juftice of Affize, 01 Nifi pritis, of that County, to enquire of the Truth of every one of thofe Breaches, and to afl'efs the Da- mages that the Plaintiff fliall have fuftained thereby ; in which Writ it fliall be commanded to the faid Ju- ftices or Juftice of Affize, or Nift prius, that he or they fliall make a Return thereof to the Court from whence the fame fliall ifllie, at the Time in fuch Writ mentioned; and in cafe the Defendant or Defen- Defendant pay- dants, after fuch Judgment entred, and before any Execution executed, fliall pay unto the Court where '"S Damages, the Action fhall be brought, to the Ufe of the Plaintiff" or Plaintiffs, or his or their Executors or Admini- ^J'^'^^'ed" "^^ ftrators, fuch Damages fo to be affeffed by Reafon of all or any of the Breaches of fuch Covenants, toge- ^ ^^'^ ' tber with the Cofts of Suit, a Stay of Execution of the faid Judgment fliall be entred upon Record ; or if by Reafon of any Execution executed, the Plaintiff or Plaintiffs, or his or their Executors or Adminiftra- tors, fliall be fully paid or fatisfied all fuch Damages fo to be afleffed, together with his or their Cofts of Suit, and all reafonable Charges and Expences for executing the faid Execution, the Body, Lands, or Goods of the Defendant, fliall be thereupon forthwith difcharged from the faid Execution, which fliall like- wife be entred upon Record; but notwithftanding in each Cafe fuch Judgment fliall remain, continue, but [uJgmcnt and be, as a further Security to anfvver to the Plaintiff or Plaintiffs, and his lOr their Executors or Admini- to remain, to ftrators, fuch Damages as fliall or may he fuftained for further Breach of any Covenant or Covenants in the anf"=j' any lur- i'ame Indenture, Deed, or Writing contained, upon which the Plaintift" or Plaintiffs may have a Scire facias a^j'^p'/J't a' upon the faid Judgment againft the Defendat>t, or againft his Heir, Terre-Tenants, or his Executors orfpayhavea Adminiftrators, fuggefting other Breaches of the faid Covenants or Agreements, and to fummon him or Scire facias to be awarded in Manner as aforefaid ; and that upon Payment or Satisfa6tion in Manner as aforefaid, oi See farther ''& fuch future Damages, Cofts, and Charges, as aforefaid, all further Proceedings on the faid Judgment are n 'W. 3.^.9. ap-ain to be ftayed, and fo teties quoties, and the Defendant, his Body, Lands, or Goods, fliall be difcharged i-^""- c 16. out of Execution, as aforefaid. " ,W^i4G«.j. CAP. XII. An A£t for continuing feveral additional Impofitions upon feveral Goods and Merchandizes. Adoji Gracious Sovereign, ' E Your Majefty's moft dutiful and loyal Subje&, the Commons affembled in Parliament, for a ftu"- ■ ther Supply of Your Majefty's extraordinary Occafions, and the effeiStual Profecution of the War againft France, and for Satisfadion of fuch Perfons who have advanced and lent Monies into Your Ma- jefty's Exchequer for the Purpofes aforefaid, have cheerfully and unanimoufly given and granted unto Your ' Majefty the [mpofitions and Duties herein after mentioned, for and during the Term hereafter expreffed, and do moft humbly bcfeech Your Majefty that it may be enaded ; and be it enaded by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com- Additional Im- mons, in Parliament affembled, and by the Authority of the fame. That the feveral additional and other portions on Rates, Impofitions, Duties, and Charges, upon Goods and Merchandize imported into this Kingdom of Goods imported England, D ormnxon o^ Wales, and Town 01 Benvici uponTzveed, and from thence exported, mentioned, ^4 & 5 'W'. & expreffed, and granted in and by an Ail made in the fourth and fifth Years of the Reign of His prefent Ma- ^pn^-'nufd from jefty and the late Queen Mary, intituled, ^n ASl for granting to tkdr MajejVies certain additional Impoftions i March i6o'5. 4 N 2 - upon ^0 IT May xlijT