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ner as in and by the faid recited act is directed, or shall refufe or neglect, within ten days after the next fucceeding theriff of the faid county fhall be fworn into his office, to deliver over to fuch fucceeding fheriff, as well all and every the books and registers that fhall be made or prepared in the year wherein he fhall have ferved theriff, as alfo all fuch other books or regifters as were prepared in the sheriffwick of any of his predeceffors, theriffs of the faid county, within four years then next before, and which were delivered over to him by any of his faid predeceffors, or fhall refufe or neglect to make and deliver, by himself or his under fheriff, fuch certificate gratis, as in the faid recited act is mentioned, that then every fuch sheriff of the faid county of York, fo refufing or neglecting in all or any the faid cafes aforefaid, fhall for every fuch offence forfeit the fum of one hundred pounds; one moiety whereof. fhall be to the ufe of her Majefty, her heirs or fucceffors, and the other moiety to fuch perfon or perfons as fhall fue for the fame, in any of her Majesty's courts of record at Westminster, by action of debt, bill, plaint, or information, wherein no effoin, protection, or wager of law, nor more than one imparlance fhall be allowed.

once in four

years.

IV. And be it further, enacted by the authority aforefaid, That or returning if any fuch heriff of the faid county, for the time being, his one perfon or their under theriff, deputy, or bailiff, during the continuance oftner than of the faid act, fhall knowingly fummon or return any perfon or perfons to serve on any jury or juries, at any the faid aflizes or feflions of the peace, who fhall, within four years before fuch fummons or return, have ferved on any jury at any the faid affizes or feffions held within the faid county, or any the ridings therein, and fhall not, upon producing of fuch certificate or certificates, as aforesaid, to the officer or perfon fo fummoning, or to the faid fheriff, or his under (heriff or deputy, discharge the faid fummons or return, and thereof give notice to the party fummoned, fix days before fuch affizes or feffions of the peace, at the which fuch perfon fhall be fummoned or returned to appear, that then the faid fheriff, under fheriff, bailiff, or perfon fo fummoning or refufing to discharge, as aforefaid, fhall forfeit and lose to the party fo fummoned the fum of twenty pounds, to be recovered in manner and form as is last herein before-mentioned, together with his full cofts of fuit.

V. And whereas many conftables, tythingmen, and headboroughs of towns, have refufed or neglected to return, or give to the justices of the peace at the general quarter feffions, a true lift in writing of the names and places of abode of all perfons within the respective places for which they ferve, qualified to ferve upon juries, as in and by the faid act made in the feventh and eighth years of the late King William it is enacted and provided, by reafon of which neglect, the good intent of the faid act has been eluded, and great inconveniencies have thereupon enfued: for remedy whereof be it further enacted by the authority aforefaid, That the juftices of the peace for Penalty on all counties or ridings, within the kingdom of England, or do- returning a minion of Wales, fhall yearly and every year, during the con- lift of perfons tinuance fit for jurors.

I 2

conftables not

3. Ge

Geo.2. c. 25. 1. 7.

C. 14.

Continued by tinuance of the faid act, at the general quarter feffions to be 9 Geo. 1. c. 8. holden next after the four and twentieth day of June, iffue forth 1.2. for 7 years. their warrant or warrants, under the hands and feals of two or The conflable, &c. fubfcribing more of them, to the head or chief constable and constables of the lift before a every hundred, lathe, or wapentake, requiring him or them to juftice, is fuffi- iffue forth his or their precept or precepts to the refpective concient by ftables, tythingmen, and headboroughs within his and their hundred, lathe, or wapentake, thereby directing and requiring See 10 Annæ, them, and all and every of them, to convene and meet together with the faid head conftables of the hundred, lathe, or wapentake, within fourteen days next after the date of fuch receipt, at fome ufual or convenient place in the hundred, lathe, or wapentake, when and where the conftables, tythingmen, and headboroughs, fhall prepare and make a true lift fair written and figned by them, of the names and places of abode of all the perfons within the refpective places for which they ferve, qualified to serve on juries, according to the direction of the said act made in the fourth and fifth years of King William and Queen Mary, with their titles and additions, between the age of one and twenty years and the age of feventy years, as by the faid act of the seventh and eighth years of the faid King William is directed and appointed: which lift the faid conftable, tythingman, and headborough, or their deputies, or fome or one of them, yearly at the general quarter feffions of the peace to be holden for each county, riding, or divifion, or any part thereof, in the week after the feaft of Saint Michael, upon the first day of the faid feffions, or upon the first day that the faid feffions fhall be held by adjournment at any other particular place or divifion, shall return and give to the juftices of the peace in open court and any head constable of the hundred, lathe, or wapentake failing to iffue forth his or their precept or precepts to convene and meet together, with the conftables, tythingmen, and headboroughs, as aforefaid, fhall forfeit and incur the penalty of ten pounds; and any conftable, tythingman, and headborough failing to meet the head conftable of the hundred, lathe, or wapentake, pursuant to his precept, and failing to prepare and make a true lift, and to return and give in the fame to the juftices in open court, as aforefaid, fhall forfeit and incur the penalty of five pounds: and every fuch high constable, conftable, and tythingman, so offending, shall be profecuted at the general-affizes, feffions of Oyer and Terminer, and general gaol delivery, or feffions of the peace, before the justices thereof, who fhall have power and authority to hear and determine the fame.

The fore

mentioned

VI. And for the better obfervance of this act, and of the faid acts made in the fourth and fifth years of King William and acts to be read Queen Mary, and in the faid feventh and eighth years of the publickly late King William, the juftices of the peace at the general quareveryquarter ter feffions, held after the four and twentieth day of June, 24 June yearly. yearly, thall caufe the faid feveral acts to be publickly read in

feffions after

open court.

Anno

Anno Regni ANNE Regina quarto.

T the parliament fummoned to be held at Westminster the fourteenth day of June, Anno Dom. 1705. in the fourth year of the reign of our fovereign lady Anne, by the grace of God, of England, Scotland, France, and Ireland, Queen, defender of the faith, &c. and from thence continued by feveral prorogations to the five and twentieth day of October, 1705.a and then begun and holden, being a In the inrolthe first feffion of this prefent parliament.

CAP. I.

An act for exhibiting a bill in this present parliament for naturalizing the most excellent princefs Sophia, electress and dutchefs dowager of Hanover, and the issue of her body.

ment it is, To the nineteenth

day of March.

W dutchess dowager of Hanover, and the illue of her body, are phia of Ha

THEREAS the most excellent princefs Sophia, electress and Princefs So-:

nover, and her

to be naturalized, and by reafon of their being beyond the feas, they iffae, to be nacannot qualify themfelves in order thereto, according to the act made turalized. in the feventh year of the reign of King James the First, which re- 7 Jac. 1. c. 2. quires every perfon to receive the facrament of the Lord's Supper, within one month before any bill for naturalization be exhibited, and alfo take the oaths of fupremacy and allegiance in the parliament house, before his or her bill be twice read: be it enacted by the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, and by the authority of the fame, That a bill for the naturalization of the faid moft excellent prin- A bill to be cefs Sophia, electress and dutchefs dowager of Hanover, and the exhibited for iffue of her body, thall and may be exhibited and brought into lization, this prefent parliament, and twice read; any law, ftatute, matter, or thing whatfoever to the contrary notwithstanding.

CAP. II.

An act for granting an aid to her Majefty by a land tax, to be raised in the year one thousand feven hundred and fix. EXP. 4 s. in the pound.

CAP. III.

An act to repeal feveral claufes in the ftatute made in the third and fourth years of her prefent Majesty's reign, for Jecuring the kingdom of England from feveral acts lately paffed in the parliament of Scotland.

WH

their natura

HEREAS in a flatute made in the third and fourth years
of her prefent Majefty's reign, intituled, An act for the ef- 3 & 4 Ann..
fectual c. 7.

I 3

3 & 4 Anna,

C. 7.

Natives of

England, &c.)

fectual fecuring the kingdom of England from the apparent dangers that may arife from several acts lately paffed in the parliament of Scotland, there are claufes contained in these words following (that is to fay :)

II. And be it further enacted by the authority aforefaid, That Scotland (ex- from and after the five and twentieth day of December, one thousand cept fettled in- Jeven hundred and five, no perfon or perfons, being a native or nahabitants in tives of the kingdom of Scotland (except fuch as are now fettled after 25 Dec. inhabitants within the kingdom of England, or the dominions there1705,adjudged unto belonging, and fhall continue inhabitants thereof, and fuch as are aliens, &c. now in fervice in her Majefly's fleet or army) fhall be capable to inherit any lands, tenements, or hereditaments within this kingdom of England, or the dominions thereunto belonging, or to enjoy any benefit or advantage of a natural born fubject of England; but every fuch perfon fhall be from thenceforth adjudged and taken as an alien, born out of the allegiance of the Queen of England, until fuch time as the fucceffion to the crown of Scotland be declared and fettled by an act of parliament in Scotland, in the fame manner the fucceffion to the crown of England is now fettled by act of parliament in England, in cafe of her Majesty's demife without iffue of her body.

Horfes, arms,

in Scotland, forfeiture 1ool, &c.

III. And be it further enacted by the authority aforefaid, That &c. conveyed if any person or perfons whatfoever, fhall at any time from and after the twentieth day of February, one thousand feven hundred and four, until fuch time as the fucceffion to the crown of Scotland be declared and fettled by an act of parliament in Scotland, in like manner, as aforefaid, convey or fend, or caufe to be conveyed or fent from any parts or place in England or Ireland, any borfes, arms, or ammunition into the kingdom of Scotland, every such person or perfons fhall forfeit the fum of one hundred pounds, and treble the value of fuch borfes, arms, or ammunition; one third part thereof to the Queen's most excellent majefty, ber heirs and fucceffors; and the other third part thereof to him or them who will fue for the fame in any of her Majefty's courts at Westminster, by action of debt, fuit, bill, plaint, or information, wherein no effoin, protection, or wager of law fball lie.

Scotch cattle

forfeited.

IV. And be it further enacted by the authority aforefaid, That brought into from and after the faid five and twentieth day of December, one England, &c. thousand feven hundred and five, until fuch time as the fucceffion to the crown of Scotland be declared and fettled by an act of parliament in Scotland, in like manner, as aforefaid, no great cattle or sheep hall be brought out of, or from the kingdom of Scotland into the kingdom of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, under the penalty of forfeiting all fuch great cattle or sheep to him or them who will feixe or fue for the fame, and alfo the value of fuch great cattle or sheep; one third part to the Queen's most excellent majefly, ber heirs and fucceffors, and the other two third parts thereof to him or them who will fue for the fame, to be recovered as aforefaid.

Cattle fo

brought may

be detained

4 days, &c.

V. And be it further enacted, That it fhall and may be lawful to and for any perfon and perfous whatsoever, to take and feize in any place or places whatsoever, the great cattle or sheep brought contrary

ta

to this act into this kingdom of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, and detain the fame, during the space of four days, in fome publick or convenient place where fuch feizure fball be made, within which time, if the owner or owners, or any on his or their behalf, shall make it appear unto fome justice of the peace of the fame county where the fame fhall be fo feized, by the oath of two credible witnesses (which oath the faid juftice of the peace is hereby required and impowered to adminifter) that the Jame were not brought from Scotland, after the faid five and twentieth day of December, one thousand feven hundred and five, then the fame upon the warrant of fuch justice shall be forthwith redelivered.

forfeited.

VI. And be it further enacted, That if any English, or other cat- English cattle intermixed, tle or sheep, fhall be, with the privity or knowledge of the owner, or any perfon employed by him, driven or intermixed, or caufe to be driven or intermixed with great cattle or sheep, brought out of or from Scotland, and fhall be feized with them, fuch cattle and beep fo intermixed and feized, Aill be deemed Scotch cattle, and fhall be fubject to the like forfeiture, and ordered and difpofed of in all respects as if they were brought out of or from Scotland, contrary to this act; and if any perfon or perfons shall wilfully and fraudulently conspire, confederate, or agree together to avoid or evade the feizures or forfeitures upon the bringing in of cattle in this act particularly fpecified, and the fame fhall put in execution, then every fuch perfon and perfons, being thereof indicted or prefented within one year, next after fuch offence by him or them committed, and being thereof lawfully convicted or attainted, at any time hereafter, fhall forfeit the fum of one hundred pounds, to be recovered and diftributed, as aforefaid.

VII. And be it further enacted by the authority aforefaid, That Persons fued, if any action, fuit, bill, plaint, or information, shall be commenced to plead the or profecuted against any person or perfons for any seizure, or other general issue. thing done or made in pursuance or execution of this act, fuch perfon or perfons fhall not be obliged to give any more than a common appearance, and may plead the general iffue, and give the Special matter in evidence; and if the plaintiff or profecutor shall become nonfuit, or forbear profecution, or fuffer difcontinuance, or if a verdict pafs against him in any fuch action, bill, plaint, fuit, or information, as aforefaid, the defendants fhall have treble cafts, for which they shall have the like remedy as in any cafe where cafts by law are given to the defendant.

Scotch coals

VIII. And be it further enacted by the authority aforesaid, That from and after the five and twentieth day of December, one thousand imported, forJeven hundred and five, until fuch time as the fucceffion to the crown feited. of Scotland be declared and fettled by an act of parliament in Scotland, in like manner, as aforefaid, no Scotch coals fhall be imported out of the kingdom of Scotland into the kingdoms of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, under the penalty of forfeiting the coals fo imported; one half to the Queen's most excellent majefty, the other half to such person as shall Jeize or fue for the fame.

I 4

IX. And

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