Page:Ruffhead - The Statutes at Large - vol 3.djvu/739

 A. D. 1697. Anno odavo & nono Gulielmi III. C. 32. 683 II. Provided always. That if fuch Tenant or Perfon concerned, or either of tliem, an;ainft whom, or'fTtnantor their RiL;ht or Tide, fuch Judgment by Default is given, fhall, within the Space of one Year after the firft o^htrdialiinoRc Judgment entred, or in caie of Infancy, Coverture, Non fana: Mc?ncri,v, or Abfcnce out of the Kingdom, mtm entied"'<fr* within one Year after his, her or their Return, or the Determination of fuch Inability, apply themfelves to in cafc'of in'ftn- the Court by Motion where fuch Judgment is entred, and fhew a good and probable Matter in bar of iuch cy, a-c. fl;cw a Partition, or that the Demandant hath not Title lo fo much as he hath recovered, then in fuch Cafe the good Matter in Court may fufpend or fet afide fuch Judgm.ent, and admit the Tenant and Tenants to appear and plead, t=f "f <^<1' ''ar-^ and the Caufe fiiall proceed according to due Courfe of Law, as if no fuch Judgment had been given : And ,hi°court'may if the Court, upon hearing thereof, fliall adjudge for the firft Demandant, then the faid firft Judgment fliall ict afiiciuch fland confirmed, and be good againfl: all Perfons whatfoevcr, except fuch other Perfons as Ihall be abfent J^Jgnnent. or difabled as aforefaid ; and the Perfon or Perfons fo appealing, fliall be awarded thereupon to pay Cods, Perfcnappealinji/ or if within fuch Time or Times aforefaid, the Tenants or Perfons concerned, admitting the Demandant's '° payCoiUv-- Title, Parts and Purparts, fliall fliew to the Court an Inequality in the Partition, the Court may award a new Partition to be made, in Prefence of all Parties concerned (if they will appear) notwithflranding the Return and filing upon Record the former, whicii faid fecond Partition returned and filed fliall be good and - firm for ever againft all Perfons whatfoever, except as before excepted. III. And be it further eiiacled by the yVuthority aforefaid, That no Plea in Abatement fhall be ad- Kb Plea in A- mitted or received in any Suit for Partition, nor fliall the fame be abated by reafon of the Death ofbatement to bi- any Tenant. _ „ .„ . admUied. IV. And be it further ena£led by' the Auth ' " •".."••'". Diflance, Infirmity, or any other Hindrance, Judgment in Partition, in fuch Cafe theUndi County where the Lands, Tenements or Hereditaments to be divided do lie, fliall and may proceed to Ex- judgment Tn ecution of any Writ of Partition, by Inquifition in due Form of Law, as if the High Sheriff were then per- Partition, ments and Hereditaments, or any Part or Purpart thereof, before they v/ere divided, fliall be Tenant or upon Tenants for fuch Part fet out feveraUy. to the refpedlive Landlords or Owners thereof, by and under the Tenants before fame Conditions, Rents, Covenants and Refervations, where they are or fliall be fo divided, aiid the Land- theU'vifion to lords and Owners of the feveral Parts and Purparts fo divided and allotted as aforefaid fliall warrant and r^ ^j"';"" """ ^ make good unto the refpeifive Tenants, the faid feveral Parts fevtrally, after fuch Partition, as they are or C(,nj|..i(,„j ^j,^. were bound to do by any Copy, Leafes or Grants of their refpeftive Parts before any Partition made; and AnA Landlords*-. in cafe any Demandant be Tenant in atSlual Pofleffion to the Tenant to the Aftion for his Part and Pro- to make e.oodt& > portion, or any Part thereof, in the Meflliages, Lands, Tenements and Hereditaments, to be divided by •j'^I'' jf .^°!_"" virtue of a Writ of Partition as aforefaid, for any Term of Life, Lives or Years, or uncertain Interefl:, the g^'iJgf-yi.'g Part''- faid Tenant fliall ftand and be poffcflcd of the faid Purparts and Proportions for the like Term, and under (ion made., the fame Conditions and Covenants, when it is fet out feverally in purfuance of this or any other Aft, sta- tute or Law to that Purpofe. V. And be it further enadled by tlie Authority aforefaid. That the refpective Sheriiis, their Under She- Sheriffs, Under-- riffs and Deputies, and in cafe of Sicknefs or Difability in the High Sheriff, all Juftices of Peace, within Sherifrs, &c. to ■ their refpeflive Divifions, fliall give due Attendance to the executing iuch Writ of Partition, unlefs rea- gi^e due Atien- - fonable Caufe be fliewn to the Court upon Oath, and there allowed of, or otherwife be liable every of them ^^^"" '-^Y/f^'c- .- to pay unto the Demandant fuch Cofts and Damages as fhall be awarded by the Court, not exceeding five partition. . Pounds, for which the Demandant or Plaintiff may bring his AcStion in any of His Majefty's Courts of Record ^.tWeJlminfter, wherein no Effoin, Prote£tion, Privilege or Wager of Lav/ fliall be allowed, nor any more than one Imparlance ; and in cafe the Demandant fliall not agree to pay unto the Sheriffs or Demandant net - Under Sheriffs, Juftices and Jurors, fuch Fees as they fliall refpeftively demand for their Pains and At- !;=>■'"§ S'^"! tendance in the Execution of the fame, and returaiing thereof, then the Court fliall award what each co',r"tJ^ j Perfon fliall receive, having Refpeft to the Diftance of the Place from their refpeflive Habitations, and (jj^ f^,^g^ the Time they mufl: neceffarily fpend about the fame, for which they may feverally bring their Actions as aforefaid. VI. Provided always. That this Aft fliall continue for feven Years, and from thence to the End of the-'y'>'s^'^'°™n-' - next Seflion of Parliament, and no longer. [Made perpetual by 3 & 4 Annas,. cap. i8.. feft. 2.] p™'^^'^^'^o%" CAP. XXXII. An Aft to reflrain the Number and ill Praftice of Brokers and Stock Jobbers. From i May i6gj no Pei— j; ^ p. fon to aft as a Broker in London or TVeJlmiiifter, or Bills of Mortality, without I^icence of the Lord Mayor Cnntinned byig oi Londoji^ &c. Broker on Admittance to take an Oath. Lord Mayor, i^c. to adminifter the Oath. & 12 W.3.c.i3i. Broker in three Months after Admittance to take the Oaths i W. & M. ff. i. c. 8. and fubfcribe the Af- See i Jac i. c. fociation, 7&8W. 3.C. 27. and enter into an Obligation. Number of Brokers not to exceed 1 00. hA-'^V fi-^""-'- • mittance Fees not to exceed 40 s. Brokers Names and Places of Abode to be affixed on the Royal Ex- iLd,Ram.5T%^:. cha7ige, -inCi m Guildhall, London. Penalty on Perfon afting as a Broker, if not admitted according to this Aft, and on Perfons employing them. Penalty on Peribn not being a Sworn Broker, who fliall aft ,, ' in difcounting Tallies, Exchequer ^Wh, &c. Sworn Broker to keep a Regi.fter Book, and to enter alF , Contrafts, ^c. within three Days after made, &c. Broker fliall not take more than 10 s. per Cent. Bro- . kage. Broker after Admittance to carry about him a Silver Medal of the King's Arms, &c. with the Broker's Name, ^c. Penalty on Broker dealing for himfelf, &c. or making any Gain, &c. over and above the Brokage allowed by this Aft. Policies, Contrafts, ^c, entred into, on which any Pramium 4 S. z ftialV :