Page:Ruffhead - The Statutes at Large - vol 4.djvu/260

 2o8 C. 17,18. Anno quarto An NiE Reginse. AD.iyo^, Warranty by XXI. And be it fuvther enafted by the Authority aforefaid. That all Warranties which flial! be made 7 enant tor Life gfjg^ ^j^g f.^jj f;,.(|. Q^y ^f f^if^ify Xerm, by any Tenant for Life, of any Lands, Tenements or Htra- ditaments, the hme defcending or coming to any Perfon in ReverfTon or Remainder, fliall be void and of none Effe£l: ; and likewife all collateral Warranties, which fhall be made after the faid firft Day of Trinity Term, of any Lands, Tenements or Hereditaments, by any Anceflor wlio has no Ellat'e of Iiih&? ritance in Pofieffion in the fame, ffaall be void againft hi.s Heir., NoSubpffina XXII. And be it further enafted by the Authority aforefaid, That no Si/hpcera, or any .other Prooefs Bil'i filed ^°'^ Appearance, do ifhie out of any Court of Equity, till after the Bill is filed with the proper Officer Exception. '" 'he refpective Courts of Equity, except in Cafes of Bills for Lijunctions to ftay Wafles, or flay Siiits at Law commenced, and a Certificate thereof brought to the Subpcena Office,- or to hiih who ufually makes out Subpcenas or other Procefs in the feveral Courts of Equity, under the Hand of the Six Clerk, or other Clerk or Officer who ufually files Bills in, Equity, for which Certificate he flrall receive no Fee., On difmiffing XXIII, And for the better preventing vexatious Suits in Courts of Equity ; be it further enadledj Bills in Equity, Yhaj- upon the Plaintiff's difmiiiing his own Bill, or the Defendant's difmiffing the fame for want of Pro- fcndant tTpay" ^scution, the Plaintiff in fuch Suit iLall pay to the Defendant or Defendants, his or their full Cods, 'tof ^uU Cofts. be taxed by a Mafter : And that no Copy, Abftraff, or Tenor of any Bill in Equity, do go v/ith t,he Dcdimus or Commiiiion for taking the Defendant's Anfwer ; but in Lieu and Recompence thereof, the fvvorn Clerks of the Court of Chancery iball take to their own Ufe, In all Claufes, the whols Term Feb of three Shillings and four Pence, and. al fo the whole Fee or Fees of and for all fmall Writs made by the faid fvvorn Clerks. >p-.to extend to XXIV. And be it further enacled by the Authority aforefaid. That from and after the faid firft Day Kin "rDebts °^ Trinhy Term, -this Aift and all the Statutes of Jeofails flial! extend to all Suits in any of her Ms.-^ &c ' jefty's Courts of Record at //^/?M/»/?i?r, for Recovery of any Debt immediately owing, or any Revenue Rex V. Phillips belonging to her Majefty, her Heirs or SuccefTors ; and fhall alfo extend to all Courts of Record in the, in Scacc. Hil. Counties Palatine of Lancajicr, Che/hr, and Durham, and the Principality of IVales, and to all other 1746- Courts of Record within this Kingdom. On qu.a/hing XXV. And for the preventing great Vexation from fulng out defective Writs of Error; be it enaSed Writ of Error yy jv^e Authority aforefaid. That upon the quafliing any Writ of Error to be fued out after the faid firft havrcofts." ^'^y of Trinity Term, for Variance from the original Record or other Defeat, the Defendants in fuch' Error flrall recover againft the Plaintift" or Plaintifts, ifluing out fuch Writ, his Colls, as he fhould haye p, furii h*^*^ '^ the Judgment had been affirmed, and to be recovered in the fame Manner. and Admin'ftia- ' -^XVI. And whereas great Trouble and Expence is frequently occafioned to the Widows and Or- tiont, ' phans of Perfons dying Inteftate to Monies or Wages due for Work done in her Majefty's Yards and ' Docks, by Difputes happening about the Authority of granting Probate of the Wills, and Letters of ' Adminiftration of the Goods and Chattels of fuch Perfons, and for preventing fuch unneceftary Trouble of the Wills, and Letters of Adminiftration of the Goods and Chattels of fuch Perfon and Perfons re.^ fpeflively is, and is hereby declared to be, in the ordinary of the Diocefe, or fuch other Perfon, to whom the ordinary Power of Probat of Wills, or granting Letters of Adminiftration do belong, where fuch Perfon and Perfons fhall refpectively die; and that the Salary, Wages, or Pay due to fuch Perfon or Perfons from the Queen's Majefty, her Heirs or SuccelTors, for Work done in any of the Yards or Docks, Bona notabifia. ^^jj ^^^ j^g x&ktti or deemed to be Bona notabilia, whereby to found the Jurifdiction of the Prerogative Court. Anions of Ac- XXVIL And be it enaifed by the Authority aforefaid. That from and after the faid firft Day of count may he y„-„/;^ Term, Aftions of Account fliall and may be brought and maintained againft the Executors and Executors^of" Adminiftrators of every Guardian, Bailiff^, and Receiver ; and' alfo by oiie Joint-tenant, and Tenant in Guardian, Bai- Common, his Executors and Adminiftrators, againft the other, as Bailiff for receiving more than comes liff, &c. to his juft Share or Proportion, and againft the Executor and Adminiftrator of fuch Joint-tenant, or Te- ^"""'T. D ^"^'^ "^"'^ ''^ Common ; and the Auditors appointed by the Court, where, fuch Aftion fhall be depending,. """ fliall be, and are hereby impowered to adminifter an Oath, and examine the Parties touching the Matters in Queftion, and for their Pains and Trouble in auditing and taking fuch Account, have fuch Allowance as the Court fhall adjudge to be reafonable, to be paid by the Party on whofe .Side the Balance of th? Account fhall appear to be. CAP. xvn. An AcSt to prevent Frauds frequently committed-by Bankrupts. [Conthiued for five Yearsfrom April 1709; by 7 Annas, c. 25. f. 4.] EXP. Sec o Ann. c. 15. ' c A P. xvm. An K8i for enlarging the Pier and Harbour of P avion r. the County of Cumberland. Harbour to be en- larged. From I May 1706. for eleven'Yearsto be paid to the Truftees, for enlarging and repairing the Pier and Harbour. For every 192 Gallons of Coals, 2^. by the Owner, and 2 </. by the Mafter of the Ship. And after eleven Years, one. Farthing, only for every 192 Gallons for ever. Truftees to appoint Colleclors of the Eluties. Who are to pjty the iVIonies to the Receivers, Truftees to take Security of the Receivers and Colledtors. Colleftors to be allqwed 6^, in the Pound. If Duties be not paid, Colle£l;o'rs may diftrain. And on Non-payment Diftrefs inay be fold. No -Ship to be difcharged until Mafter produce Colleclors Receipt of Duties paid. Truftees may contrafl: for repairing the Harbour: And aflign the Place for building the Pier, tSc Truftees may borrow Money on Credit of the Duties,, at 6 /, pgr Cent. 3 ■■ < f^r mine the Parties en Oath,
 * and Expence ;' Be it therefore enacled by the Authority aforefaid, That the Power of granting Probats