dant. action shall not abate by reafon thereof, if fuch action might given. VII. And be it further enacted by the authority aforefaid, Actions may That if there be two or more plaintiffs or defendants, and one proceed notor more of them should die, if the cause of fuch action fhall withstanding furvive to the furviving plaintiff or plaintiffs, or against the fur- the death of viving defendant or defendants, the writ or action fhall not be one of the parties. thereby abated; but fuch death being fuggefted upon the record, the action fhall proceed at the fuit of the furviving plaintiff or plaintiffs against the furviving defendant or defendants. VIII. And be it further enacted, That in all actions, which In actions on from and after the faid five and twentieth day of March, one bonds, &c. thousand fix hundred ninety and feven, fhall be commenced or plaintiff may affign as many profecuted in any of his Majefty's courts of record, upon any breaches as he bond or bonds, or on any penal fum, for non-performance of pleafes. any covenants or agreements in any indenture, deed, or writing Yu Bing: 387 as be or they fhall think fit, and the jury, upon trial of fuch Jury may af action or actions, fhall and may affefs, not only fuch damages fefs damages. and cofts of fuit as have heretofore been ufually done in fuch cafes, but also damages for fuch of the faid breaches fo to be affigned, as the plaintiff upon the trial of the iffues fhall prove to have been broken, and that the like judgment fhall be entred on fuch verdict as heretofore hath been ufually done in fuch like actions; and if judgment shall be given for the plaintiff on a demurrer, or by confeffion, or Nihil dicit, the plaintiff upon the roll may fuggeft as many breaches of the covenants and agreements as he shall think fit, upon which fhall iffue a writ to the theriff of that county where the action fhall be brought, to fummor contained, the plaintiff or plaintiffs may affign as many breaches C 2 fummon a jury to appear before the justices or justice of affize, or Nifi prius, of that county, to enquire of the truth of every one of those breaches, and to assess the damages that the plaintiff fhall have sustained thereby; in which writ it shall be commanded to the faid juftices or justice of affize, or Nifi prius, that he or they shall make a return thereof to the court from whence the fame fhall iffue, at the time in fuch writ mentioned; and in cafe the defendant or defendants, after fuch judgment paying dama- entred, and before any execution executed, fhall pay unto the ges, execution court where the action fhall be brought, to the use of the plainmay be stayed, tiff or plaintiffs, or his or their executors or administrators, Defendant further fuch damages fo to be affeffed by reafon of all or any of the breaches of fuch covenants, together with the cofts of fuit, a stay of execution of the faid judgment fhall be entred upon record; or if by reafon of any execution executed, the plaintiff or plaintiffs, or his or their executors or adminiftrators, shall be fully paid or fatisfied all fuch damages fo to be affeffed, together with his or their cofts of fuit, and all reasonable charges and expences for executing the faid ́execution, the body, lands, or goods of the defendant, fhall be thereupon forthwith dif charged from the faid execution, which fhall likewise be entred but judgment upon record; but notwithstanding in each cafe fuch judgment to remain, to fhall remain, continue, and be, as a further fecurity to answer answer any to the plaintiff or plaintiffs, and his or their executors or adminiftrators, fuch damages as fhall or may be sustained for further breach of any covenant or covenants in the fame indenture, deed, or writing contained, upon which the plaintiff or plaintiffs may have a Seire facias upon the faid judgment against the defendant, or against his heir, terre-tenants, or his executors or adminiftrators, fuggefting other breaches of the faid covenants or agreements, and to fummon him or them refpectively to fhew cause why execution fhall not be had or awarded upon the faid judgment, upon which there fhall be the like proceeding as was in the action of debt upon the faid bond of obligation, for affefling of damages upon trial of iffues joined upon fuch breaches, or inquiry thereof upon a writ to be awarded in manner as aforefaid; and that upon payment or satisfaction in manner as aforefaid, of fuch future damages, costs, and charges, as aforefaid, all further proceedings on the faid judgment, are again to be stayed, and fo toties quoties, and the defendant, his body, lands, or goods, fhall be discharged out of execution, as aforefaid. and plaintiff may have a Scire facias a CAP. XII. An act for continuing feveral additional impofitions upon several goods and merchandizes. Moft gracious Sovereign, WE E your Majefty's most dutiful and loyal fubjects, the commons affembled in parliament, for a further fupply of your Majesty's extraordinary occafions, and the effectual profecution profecution of the war against France, and for fatisfaction of Tuch persons who have advanced and lent monies into your Majefty's Exchequer for the purposes aforefaid, have cheerfully and unanimously given and granted unto your Majefty the impofitions and duties herein after mentioned, for and during the term hereafter expreffed, and do most humbly befeech your Majefty that it may be enacted; and be it enacted by the King's molt excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in parliament affembled, and by the authority of the fame, That the feveral Additional i additional and other rates, impofitions, duties, and charges, impofitions on upon goods and merchandize imported into this kingdom of goods import. ed by 4 & 5 England, dominion of Wales, and town of Berwick upon Tweed, W. & M. c. 5. and from thence exported, mentioned, expreffed, and granted &c. continued in and by an act made in the fourth and fifth years of the reign from 1 March, of his present Majefty and the late Queen Mary, intituled, An 1696. to 17 May, 1697. act for granting to their Majefties certain additional impofitions upon feveral goods and merchandizes, for the profecuting the prefent war against France, fhall be continued from the first day of March, in the year of our Lord one thoufand fix hundred ninety fix, and be raised, levied, collected, answered, and paid unto his Majefty, his heirs and fucceffors, until the feventeenth day of May, in the year of our Lord one thousand fix hundred ninety feven; and that the faid act, and all powers, provifions, penalties, articles, and clauses, therein contained, shall continue and be of full force and effect, until the faid feventeenth day of May, one thousand fix hundred ninety seven, and fhall be applied, practifed, and executed, for raifing, levying, collecting, anfwering, and paying the said additional duties, and other rates and impofitions hereby continued, according to the tenor and intent of this present act. t CAP. XIII. An act for continuing feveral former acts for punishing officers and fol- EXP. CAP. XIV. An alt for the compleating the building and adorning the cathedral church of Saint Paul, London, and for repairing the collegiate church of Saint Peter, Westminster. WHEREAS by an aft made in the parliament begun at Weft 1 Jac. 2. c. 15. minfter the nineteenth day of May, in the year of our Lord one thousand fix hundred eighty and five, and in the first year of the reign of the late King James the Second, intituled, An act for rebuilding, finishing, and adorning of the cathedral church of Saint Paul's, London, it was enacted, That for all forts of coals, which from and after the nine and twentieth day of September, one thoufand fix hundred eighty and feven, and before the nine and twentieth day of September, one thousand feven hundred, should be imported and brought into the port of the faid city of London, or the C 3 river river of Thames, within the liberty of the faid city upon the fame river, there should be paid by way of impofition thereupon, over and befides all other impofitions and duties, according to the rates therein after mentioned (that is fay) For all fort of coals and culm as are ufually fold by the chaldron, for every chaldron thereof, containing thirty fix bufhels Winchefter measure, the fum of eighteen pence; and for fuch fort of coals as are fold by the tun, for every tun thereof, containing twenty hundred weight, the like fum of eighteen pence; which faid impofition of eighteen pence for every chaldron or tun of coals the faid aft doth appoint how to be collected and paid, and in the first place to be applied and difpofed to the rebuilding, finishing, and adorning the faid cathedral of Saint Paul's, and for the compleating parochial churches, as by the faid act more at large appears: And whereas not only the monies hitherto received for the faid duty, but feveral great fums of money advanced upon the credit of the faid att (a confiderable part whereof is now owing) and all other fupplies have been carefully expended and laid out about the faid work, whereby the fame is far advanced, and yet by reafon of the extraordinary expence of fhipping in time of war, and dearness of materials, the money bitherto provided for the works intended by the faid act hath proved defective; and unless fome further provifion be made for compleating the faid works, that which is already done will be greatly damaged, if not wholly loft; and in cafe the fame shall be compleated, it will be neceffary that fome other things be done, both for the convenience and ornament of the faid cathedral church, &c, Juftices may enlarge highways 8 yards in breadth. Duty laid on coals and culm from 29 Sept. 1700. to 29 Sept. 1716. For every chaldron, 12 d. Every tun, 12 d. to be applied. One fixth part to the repairing Saint Peter's Westminster. 3,000 l. out of these duties to be paid in 4 years towards building Saint Thomas church in Southwark. The stipend to the furveyor general of the building of St. Paul's fhall be paid in the proportions following; one moiety yearly, and the other moiety in one intire fum, within fix months after finishing the church, CAP. XV. An act for repairing the highway between Ryegate in the county of Sur rey, and Crawley in the county of Suffex. CAP. XVI. An act for enlarging common bigbways. WHEREAS HEREAS an act made in the thirteenth and fourteenth years of the reign of King Charles the Second, for enlarging common highways, is expired, and that the ordinary course appointed by the laws and ftatutes of this realm is not fufficient for the enlarging of the highways of this kingdom; be it enacted by the King'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 the juftices of the peace of any county, city, riding, divifion, liberty, or place, or the major part of them; being five at the leaft, at their quarter feffions, fhall have power to enlarge or widen any highways in their respective counties, ridings, divifions, liberties, or places, fo that the ground to be taken into the faid highways do not exceed eight yards in breadth, and that a jury, 25 years purchafe. owner to be that the faid power do not extend to pull down any houfe, or to take away the ground of any garden, orchard, court, or yard: and for the fatisfaction of the perfons who are owners of or may Damages to be interested in the faid ground that shall be laid into the faid the owners to be affeffed by highways, the faid juftices are hereby impowered to impanel a jury before them, and to adminifter an oath to the faid jury, that they will affefs fuch damages to be given, and recompence to be made, to the owners and others interested in the faid ground rent or charge respectively, for their respective interests, as they fhall think reasonable, not exceeding five and twenty not exceeding years purchase for lands fo laid out, and likewife fuch recompence as they fhall think reasonable, for the making of a new ditch and fence to that fide of the highway that fhall be fo enlarged, and also fatisfaction to any perfon that may be otherwise injured by the enlarging of the faid highways; and upon payment of the faid money fo awarded, or leaving it in the hands On payment of the clerk of the peace of the refpective county, for the ufe of money, of the owner, or of others interested in the faid ground, the divested of his intereft of the faid perfons in the faid ground rent or charge intereft in the shall be for ever divefted out of them; and the faid ground, ground. and all other grounds that fhall be laid into any highway by virtue of this act, fhall be esteemed and taken to be a publick highway to all intents and purposes whatfoever; and the faid Affeffments to juftices of the peace for any county, city, riding, divifion, li- the inhabiberty, or other place, or the major part of them, being five at tants for rethe leaft, fhall have power to order one or more affeffment or pairing the affeffments to be made, levied, or collected, upon all and every roads, and the inhabitants, owners, or occupiers of lands, houses, tene- purchafing land, &c, ments, or hereditaments, in their refpective parishes or places, that ought to repair the fame, to fuch perfon and perfons, and in fuch manner, as the faid juftices at fuch feffions shall direct and appoint; and the money thereby raised shall be employed and accounted for, according to the order and direction of the faid juftices, for and towards the purchafing of the land to enlarge the faid highways, and for the making the faid ditches and fences; and the faid affeffment fhall, by order of the faid juftices, be levied by the overfeers of the highways, by diftrefs and fale Overfeers of of the goods of perfons fo affeffed, not paying the fame with- the highways in ten days after demand, rendring the overplus of the value of to levy the af feffments by the goods fo diftrained to the owner and owners thereof; the diftress, if not necessary charges of making and felling fuch goods being firft paid in 10 deducted. be levied on days. 1 II. Provided nevertheless, and be it enacted, That no fuch Affeffments affeffment or affeffments made in any one year, for enlarging of not to exceed highways, fhall exceed the rate of fix pence in the pound of 6 d. in the the yearly income of any lands, houfes, tenements and heredi-pound on land, &c. taments, nor the rate of fix pence in the pound for personal estates. III. And that no perfon may be furprized by the power con- Juftices may tained in this act, but may have timely notice to appear to make iffue their pre their complaints to the faid juftices; be it enacted by the autho- cepts to owners of ground, rity aforefaid, That the juftices of the peace of any county, city, &c. riding, divifion, liberty or place, or the major part of them, C 4 being |