Page:Ruffhead - The Statutes at Large - vol 4.djvu/257

 A.D.I705* Anno quarto An NiE Regin^. ' 0.15,16. 205 V. Provided always, That where any Penalties are by this A£t inflidled on any Pcrfon or Pcrfons, Provlfo concern- other than the Undertakers, their Agents, Deputies, Subftitutes, or Servants, fuch Penalties fhall be '"S t'tnalties. recovered by Aftion of Debt, Bill, Plaint or Information. ' VI. And whereas there hath been an evil Pradtice in farming and purchafing for a Sum. of Money, ' the Charity-money that fliould or might be colledlcd on fuch Briefs, to the very great Hindrance and lawful, and that No Perfons to fhall purchafe or |,='™.°P^^*="« ree for any Charity-money to be col lefted on any Briefs or Letters Patents, or by any Inftrament of „„ R'.'^ff "f.!^ Covenant or Agreement, by way or r armmg, ihall or may pretend to appropriate luch Chanty-money, or any Part thereof to his or their Ufe, contrary to the intent and Meaning of fuch Letters Patents, by which fuch Charity-money fliall be collefted, and contrary to the Intent and Meaning of this Adt, iucli Purchafe and Inftrument of Covenant and Agreement, ihall be void, and each Perfon agreeing to pur- on Penalty, chafe the Benefit of fuch Brief, fhall forfeit the Sum of five hundred Pounds, to be applied for the Be- nefit of the Sulierers in fuch Letters Patents mentionedj and to be recovered as before laft: mentioned. CAP. XV. An Aft for making the River Stoiver Navigable, from the Town o? Manlngtree in the County o? EJpx, to PR. the Town of Sudbury in the County oi, Suffolk. River Stozuer to be made Navigable from Maningtree in Effix., to Sudbury in Suffolk. Powers granted to the Undertakers. Commiilioners appointed for de- termming Differences. Any nine of them impowered to act. Perfons declining Commiilioners Medi- ation, Sheriff of the County to impanel a Jury; who, on Oath, are to inquire and alfefs Damages, i^c. Such Affeflment to be binding. On Payment of Sum aHeiTed, ^c. Undertakers, i3'c. may a£t in pur- fuance of fuch final Order. No ComraiHioner to a£t in any Cafe where concerned. In cale of Death of CommilTioners, or Refufal to aft, the Number Ihall be fupplied. Undertakers to receive for Goods, JMerchandizes, isc. viz. For every Chalder of Coals, 5^-. every Ton Weight of other Goods, bV. s ^. On Nonpayment, Undertakers may fue or detain Goods. Watermen, &"c. may ufe Winches. Owners of Barges, Boats, bfc. refponfible for Damages done by Barges, is^c. Commiilioners to have the fole Power of furveying the River, is'c. and not to be under the Survey of any Commifiion of Sewers. Per- fons fued on this Aft may plead the General Iffue. Defendants to have full Cofts. Aft to be deemed a Publick Aft. Rights of Fi&ing referved. Owners of Lands may ufe Pleafure Boats, iffc. Lawful to enter into any Boat, Veffel, f5V. and feize Nets, isfc. for taking Fifh. Undertakers by the twenty- fourth of 'June 1708, to begin their Works, and finifli the fame by the twenty-fourth of June 1713. If Works be not finiflied by the Time limited, Commiffioners may appoint others to perfeft the fame, is'c. And ib toties quoties. Mill-ftones, Timber, Lime, &c. for the Ufe of the Mills, exempt from Toll. The Sea Walls and Banks, ISc. belonging to Lawford Hallm Effex., iliall be repaired and maia- tained. -T)t. Dent to pay 5 A per Ann. to the Undertakers, on Penalty of Diftrefs. No Duty to be paid for Dung, Muck, (s'c. ufed for manuring of Owners Lands, isc. Wh.irfage Duty for Coals, &c. payable at Sudbury. All Boats, Barges, is'c. to be regiftred and marked. No Boat to be marked with another's Mark. CAP. XVL - An Aft for the Amendment of the Law, and the better Advancement of Juftlce. FOPv the Amendment of the Law in feveral'Particulars, and for the eafier, fpeedier, and better Ad- Py „ Anna?, ' vancement of Juftice, Be it enafted by the Qiieen's moft Excellent Majelty, by and with the Advice c. lo. feft. 7, and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aiTembled, This Statute is and by the Authority of the fame, That from and after the firft Day of Trinity Term, which fhall be f'='«n"^e'' t" in the Year of our Lord one thoufand feven hundred and fix, where any Demurrer fhall be joined, and d^mus °and^"- I'.tered in any Aftion or Suit in' any Court of Record within .this Realm, the Judges fhall proceed and fo^rmTtions in' j;ive Judgment, according as the very Right of the Caufe and Matter in Law ihall appear unto them, nature of Quo without regarding any Imperfeftion, Omiffion, or Defeft in any Writ, Return, Plaint, Declaration, or'W"'"^'"-. other Pleading, Procefs, or Courfe of Proceeding whatfoever, except thofe only which the Party demur- J,™'" Trinity ring fhall fpecially and particularly fet down and exprefs, together with his Demurrer, as Caufes of the jjj'™ j^/aU give fame, notwithftanding that fueh Imperfeftion, Omiffion, or Defeft might have heretofore been taken to judgmentonDe- be Matter of Subftance, a-id not aided by the Statute made in the twenty-feventh Year of Oj;ieen Eliza- murrer, &c. BETH, intituled, Jn JM for the Furtherance of Jufice in cafe of Demurrer and Pleadings, io as fufficient y"hout regard- Matter appear in the faid Pleadings, upon which the Court may give Judgment according to the very '^^^"'',°^'^'^'° Right of the Caufe; and therefore from and after the faid firft Day of T^-inity Term, no Advantage or Exception! Exception fhall be taken of or for an irmnaterial Travers ; or of or for the Default of entrlng Pledges 27 Eliz, cap, 5. vpon any Bill or Declaration ; or of or for the Default of alledging the bringing into Court any Bond, Bill, Indenture, or other Deed whatfoever mentioned in the Declaration or other Pleading ; or of or for the Dtfault of alledging of the bringing into Court Letters Teftamentary, or Letters of Adminiftration ; or of or for the Omiincn of; Vi & Armis £5" contr-a pacem, or either of them ; or of or for the want of Aver- ment of Hoc paraius eji verificare, or. Hoc paratus ejl verificare per Recordum ; or of or for not alledging prout patet per Recordum, but the Court fhall give Judgment according to the very Right of the Caufe as atbrefaid:, without regarding any fuch Imperfeftions, OmifRons and Defefts, or any o'ther Matter of like Nature, except tht fame fhall be fpecially ar.d particularly fet down and fhev.'n for Caufe of Demurrer, II. And