William and Mary, 1694: An Act for Relief of the Orphans and other Creditors of the City of London. [Chapter X. Rot. Parl. pt. 3. nu. 3.]

Reasons for passing this Act.

The City Lands charged with £8,000 per Ann. for the Orphans.; Except certain Hospitals.

Whereas the Mayor Co[m]monalty and Citizens of the City London ( (fn. 1) ) have been and are answerable for and chargeable with all moneys of the Orphans of the said City from time to time paid into the Chamber of the said City But by reason of sundry accidents and publick calameties are now become indebted to the said Orphans and other Creditors for principal money and interest thereof in a much greater su[m]m of money then they are able to satisfie and and pay unlesse some assistance bee given them for the same Be it therefore enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That for and towards the raiseing a perpetual Fond to pay the yearely interest of Foure Pounds for every Hundred Pounds principal money and of all the said interest thereof due to any Orphan of the said City or the Executors Administrators or Assigns of any such Orphan unto the Five and twentieth day of December One thousand six hundred ninety three such interest to be computed from the time it was first payable unto the Five and twentieth day of December One thousand six hundred eighty three att Five Pounds for the interest of every Hundred Pounds for One yeare and from the Five and twentieth day of December One thousand six hundred eighty three unto the Five and twentieth day of December One thousand six hundred ninety three att Three Pounds for the interest of every Hundred Pounds for one yeare and proportionably for any greater or lesser su[m]m (the interest already received for such principal money to be deducted) And alsoe to pay the like yearely interest of Foure Pounds for every Hundred Pounds of the principal money and Interest thereof to be computed as aforesaid due upon Bond Bill or Note lyable to pay interest between the Five and twentieth day of December One thousand six hundred fifty and five and the said Five and twentieth day of December One thousand six hundred ninety three or any other the Creditor or Creditors of the said Mayor Co[m]monalty and Citizens or the Executors Administrators or Assigns of any such Creditor or Creditors on the said Five and twentieth day of December One thousand six hundred ninety three from the Chamber of the said City or from the Mayor Co[m]monalty and Citizens thereof and so proportionably for any greater or lesser su[m]m all and every the Man[n]ors Messuages Lands Marketts and Faires and other the Hereditaiments Revenues and Income whatsoever of and belonging to the said Mayor Co[m]monalty and Citizens in possession or reverc[i]on and the improvements that shall or can be made thereof (except the Manors Messuages Lands Estates Possessions and Revenues of and belonging to Christs Hospital Saint Bartholemew Bridewell Saint Thomas and Bethlehem Hospitals or any other Hospital in or belonging to the said City of London or Borough of Southwark and such as are chargeable with and for the repaires of London-Bridge) shall be and are hereby declared to be yearely charged for ever from and after the Foure and twentieth day of June One thousand six hundred ninety foure for and towards the raiseing thereout the full and cleare annual su[m]m of Eight thousand pounds for ever free from all deductions for any Impositions whatsoever which said yearely su[m]m shall be annually raised and paid out of all and every the said Manors Lands Tenements Hereditaments and other Revenue whatsoever of and belonging to the said Mayor Co[m]monalty and Citizens (except before excepted) and shall be and is hereby appropriated towards the raiseing such a perpetual Fond and to be applied as aforesaid.

II. Aqueducts charged.

Exception.

And be it further enacted by the authority aforesaid That all the Aqueducts and right of bringing and conveying water belonging to the said Mayor Commonalty and Citizens and all the Improvements that shall be att any time made thereof and all the rents profitts and benefitts whatsoever which do or shall att any time hereafter arise by any Aqueducts or right of bringing and conveying water which do or shall belong to the said Mayor Commonalty and Citizens (other then such water as shall be for the supply of the publick Conduits Hospitals Halls and Prisons in the said City) shall from and after the said Foure and twentieth day of June One thousand six hundred ninety foure forever be appropriated and applied towards the payment of the said Interest money.

III. £2,000 yearly upon Personal Estates.

And for and towards the raiseing such a perpetual Fond and so to be applied as aforesaid Be it further enacted by the authority aforesaid That from and after the said Foure and twentieth day of June One thousand six hundred ninety foure the said Mayor Commonalty and Citizens shall and may and they are hereby required yearely to raise the su[m]m of Two thousand pounds by an equal proportionable assessment upon the personal Estates of the several Inhabitants within the said City and the liberties thereof to be yearely assessed collected received and paid or in default of payment distrained for in such manner as the said Mayor Commonalty and Citizens in their Common Council assembled or otherwise shall from time to time annually direct and appoint.

IV. Grant of Lights for 21 Years, for £600 yearly, to Persons herein named.

Appropriation of the Money during and after the Term.

And be it further enacted by the authority aforesaid That the said Mayor Commonalty and Citizens shall on or before the said Foure and twentieth day of June One thousand six hundred ninety foure demise or grant to Sir Charles Hara Knight John Stanyon Esq[uire] Phillip Neve Esq[uire] and John Lillye Gen'˜ and all other the persons concerned and interested in the Glass Lights co[m]monly called or knowne by the name of Convex Lights a lease or licence for the sole use of the publick Lights to be used in all publick places within the said City and the Liberties thereof for the terme of One and twenty yeares to be computed from the said Foure and twentieth day of June One thousand six hundred ninety foure reserving the yearely rent of Six hundred pounds in such manner and by and under such other articles covenants and agreements for payment of the said rent or makeing void the said lease in default thereof or otherwise as by and between the said Mayor Commonalty and Citizens and the said persons above mentioned are or shall be agreed on for that purpose by certain articles made or to be made in that behalfe Which said yearely su[m]m of Six hundred pounds shall be and is hereby appropriated towards raiseing the said Fond and Payment of the said interest money as aforesaid From and after the determination of which lease all and every the rents profitts and benefitts whatsoever which the said Mayor Co[m]monalty and Citizens shall or may att any time lawfully make by farming or granting licence or licences to any person or persons whatsoever for the lighting the Streets within the said City or the Liberties thereof by such ways and meanes as the said Mayor Commonalty and Citizens shall think most proper shall be and are hereby declared and enacted to be for ever appropriated and applied to and for the uses aforesaid.

V. Tax upon binding Apprentices.

Books to be kept by Companies;; may be inspected without Fee.; Warden, &c. not transmitting Monies received to Chamberlain;; Penalty £5.

And for the further and greater increase of the said Fond Be it enacted That from and after the said Foure and twentieth day of June One thousand six hundred ninety foure every person being free of any of the respective Companys within the said City of London and the Liberties thereof who shall take or receive any Apprentice shall bind his Apprentice before the Master or Wardens of such Company whereof the Master is a Member or one of them or their sufficient Deputy in that behalfe which said Apprentice att the time of his binding shall pay to the said Master or Wardens or one of them or their sufficient Deputy the su[m]m of Two shillings and six pence All and every which said su[m]m and su[m]ms of Two shillings and six pence the said Master and Wardens or their Deputy shall transmitt and pay to the Chamberlain of the [said (fn. 2) ] City of London twice in the yeare (viz^t:) on the Fifteenth day of December and Eighteenth day of June to be employed for the uses aforesaid And all and every Master Warden or Wardens of the said respective Companies shall from time to time provide and keep in their Co[m]mon Halls one or more Book or Books of Vellom or Parchment in which every such sum of Two shillings and six pence shall be sett downe and entred by the said Master or Wardens or their respective Deputie or Deputies and the name of the Apprentice who paid the same And it shall and may be lawfull to and for every person and persons to have free accesse unto and view the said Books att all times between the houres of nine and twelve in the forenoon without any fee or reward to be taken for the view or inspection thereof And for every sum of money which such Master Warden or Wardens or their Deputies shall receive and shall not be transmitted to the said Chamberlaine att the times herein before appointed such Master Warden or Wardens shall forfeit the sum of Five pounds the said respective Forfeitures to be recovered in the name of the Chamberlaine of the said City for the time being in any Action of Debt Bill Plaint or Informac[i]on to be co[m]menced in any of their Majesties Courts of Record wherein noe Essoign Protection or Wager of Law shall be allowed and shall be applied towards raiseing the Fond aforesaid.

VI. 5s. upon Admission to Freedom.

And be it further enacted That towards the raiseing the said Fond every person who shall be admitted from and after the said Foure and twentieth day of June One thousand six hundred ninety foure to be a Freeman of the said City shall att the time of his admission pay unto the said Mayor Co[m]monalty and Citizens of the said City the su[m]m of Five Shillings Which several above-menc[i]oed su[m]ms of Two shillings and six pence and Five shillings shall from and after the said Foure and twentieth day of June One thousand six hundred ninety foure be paid over and above the usual and accustomed Fees for the same.

VII. 4s. per Tun upon Wines imported into London.

And be it enacted by the authority aforesaid That a duty of Foure shillings per Tun shall be and is hereby imposed and laid upon all sorts of Wines whatsoever which from and after the said Foure and twentieth day of June One thousand six hundred ninety foure shall be imported into the Port of the said City of London or the Members thereof by way of Merchandize over and above the present Duties charged or chargeable thereupon and so proportionably for a greater or lesser quantity which said duty shall from time to time for ever be paid by the Importer thereof unto the said Mayor Co[m]monalty and Citizens and is hereby appropriated towards raiseing the said Fond and so to be applied as aforesaid.

VIII. Collector appointed by Mayor, &c.

Duty levied as by; 12 Car. II. c. 4.

And for the better collecting the said duty from all and every person or persons whatsoever as well free as unfreemen of the said City Be it enacted by the authority aforesaid That one or more sufficient person or persons shall from time to time be appointed by the said Mayor and Court of Aldermen of London for the time being by an Order of the said Court to collect and receive the said duty dureing the pleasure of the said Court And the said Imposition of Foure shillings per Tun shall be raised levied collected and paid to the said collector or collectors or his or their deputy and deputies in the same manner and forme and by such rules rates ways and meanes and under such penalties and forfeitures as are provided menc[i]oed and expressed in one Act of Parliament made in the Twelfth yeare of the reign of King Charles the Second entituled A Subsidy granted to the King of Tonnage and Poundage and other su[m]ms of money payable upon merchandize exported and imported for the paying recovering collecting or seizeing the Duty of Tonnage thereby granted.

IX. Duty upon Coals brought into London.

4d. for Metage.; 6d. per Chaldron over the said Metage, and all other Duties on Coals and Culm; and for Coals sold by the Ton, 6d. per Ton;; how and when paid;; Receipt, without Fee, to Person paying Duty.; levied as by 19 Car. II. c. 3. which is to be in force.; Duties received paid into the Chamber.

And for a further Increase of the said Fond be it enacted by the authority aforesaid That for all sorts of Coals which shall be imported or brought into the Port of the said City of London or the River of Thames within the Liberty of the said City upon the same River to be sold by the Chaldron or Tun there shall be paid by way of imposition thereupon according to the Rates and Duties herein after mentioned (that is to say), For all such sort of Coals or Culm as are usually sold by the Chaldron for [for (fn. 3) ] every Chaldron thereof which shall be imported from and after the said Foure and Twentieth day of June One thousand six hundred ninety foure the su[m]m of Foure pence Meetage for ever over and above what is now lawfully paid for the Meetage thereof which said su[m]m shall bee paid in like manner as the present Duty for Meetage is or hath been accustomed to bee paid and from time to time be paid to the said Mayor Co[m]monalty and Citizens of the said City by the Officer and Officers receiving the said Meetage. And for all such sort of Coals or Culm which shall be imported into the said Port or Members thereof from and after the Nine and twentieth day of September which shall be in the yeare of our Lord One thousand and seven hundred (over and above all other Impositions and Duties and the abovemenc[i]oed su[m]m of Foure [pence (fn. 4) ] the further su[m]m of Six pence for every Chaldron thereof. And for such sort of Coals as are sold by the Tun for every Tun thereof containeing Two thousand weight the like su[m]m of Six pence which said Imposition of Sixpence shall continue from the said Nine and twentieth day of September for and dureing the Terme of Fifty yeares and noe longer And the said Impositions of Six pence for every Chaldron of Coals shall from time to time dureing the continuance of the said Imposition be answered and paid unto the said Mayor Co[m]monalty and Citizens by the Master Owner or Owners or other person or persons takeing Charge of any Ship or Vessel whereupon the same shall be laden before they [shall (fn. 4) ] break Bulk or have a Meeter assigned for the measuring or weighing any Coals aforesaid to be delivered from on board such Shipp or Vessel the same to bee paid att such place or places as by the said Mayor and Court of Aldermen shall from time to time be appointed within the said City or Liberties thereof for the Receipt thereof, upon Receipt whereof the Party appointed to receive the same shall without delay fee or reward deliver a Receipt to the person or persons who shall pay the said Duty or Duties Which Receipt shall for soe much be a sufficient discharge And that the said imposition of Six pence per Tun or Chaldron shall by virtue of this Act be collected and levied in such sort and manner in all and every respect as in and by one Act made in the Nineteenth yeare of the Reigne of the late King Charles the Second entituled An Act for the rebuilding the City of London the Imposition of Coals thereby granted was to be collected and levied and all and every the powers authorities directions and provisions in or by the said Act menc[i]oned or provided for the levying collecting and recovering thereof or the penalties thereby imposed or for the ordering or regulateing the Proceedings of the said Coal Meeters or others in discharge of their respective Offices and Duties or for the preventing of Fraud and Covin and for the discovery of the just quantity of all sorts of Coals to be imported as aforesaid shall remain and be in force and by virtue of this present Act shall and may be exercised and put in Ure for the collecting levying and recovering the said Duty of Six pence according to the purport and effect of the aforesaid Act and under the same Penalties in all and every respect and that for and dureing all the time by this Act limitted and appointed for the payment of the said imposition as if the same were expresly menc[i]oed in this present Act with referrence to the said imposition thereby imposed All which moneys so to be received upon account of the said respective impositions of Foure pence and Six pence or by any other additional duty in case of concealment thereof as by the aforesaid Act is appointed and all other the su[m]ms of money hereby appointed as part of the said Fond shall from time to time be paid into the Receipt of the Chamber of the City of London and shall be and is hereby appropriated towards the raiseing such a Fond as aforesaid and applied towards the discharge of the said Debts.

X. Officers concerned in the Receipt of the Duties to give Security.

And be it enacted by the authority aforesaid That all and every Officer and Officers or other person or persons whatsoever concerned or to be concerned in the receipt of any of the su[m]ms by this Act appropriated to the uses aforesaid before hee or they shall be admitted to take upon him or them the execuc[i]on of any the said Office or Offices he or they shall be bound with sufficient Sureties to the said Mayor Co[m]monalty and Citizens for the just and faithful execuc[i]on of such Office or Employment in such reasonable su[m]m or su[m]ms as by the said Mayor or Court of Aldermen shall be thought fitting with respect to this present Act and to the trust hereby reposed in such Officer or Officers.

XI. On the Determination of the said Duty of 6d. City Lands charged with £6,000 per Annum more.

And to the intent that the said Fond may be perpetual be it further enacted by the authority aforesaid That from and after such time as the aforesaid imposition of Six pence hereby laid shall cease and determine all and every the Mannors Messuages Lands Tenements Marketts Faires and the Duties thereof and all other the Revenues of and belonging to the said City of London in possession or reversion shall stand and be charged with the full yearely su[m]m of Six thousand pounds (over and above the said yearely su[m]m of Eight thousand pounds) and is hereby appropriated and enacted to be applied to the same Uses to which the said yearely sum of Eight thousand pounds is herein before made lyable.

XII. In what manner Monies raised by this Act to be applied.

Proviso for Salaries and other Deductions.; Orders for applying the Monies contrary to this Act, void.

And be it further enacted by the authority aforesaid That all and every the aforesaid yearely and other Rents and Payments Issues Profitts Duties Impositions su[m]m and su[m]ms of money whatsoever by this Act appointed to be raised charged paid collected had received or made by out of or for any the matters or things or by any the ways or meanes herein before menc[i]oed shall (deducting thereout such necessary and reasonable salaries and allowances as the said Mayor and Court of Aldermen shall think fitt to allow to any person or persons whom they shall employ for the collecting receiving or paying the same) from time to time forever in the first place be applyed by the Maior Co[m]monalty and Citizens of the said City for the payment of the annual su[m]m of Foure pounds of lawfull money for the interest of every One hundred pounds and proportionably for a greater or lesser su[m]m of the abovemenc[i]oed respective Debts and all the Interest thereof due on the said Five and twentieth day of December One thousand six hundred ninety three to any Orphan of the said City or the Executors Administrators or Assignes of any such Orphan and alsoe for the payment of the like yearely Interest of Foure pounds for every Hundred pounds principal money and the interest thereof to be computed as aforesaid due att any time between the said Five and twentieth day of December One thousand six hundred fifty five and the said Five and twentieth day of December One thousand six hundred ninety three upon Bond Bill or Note liable to pay interest from the said Mayor Co[m]monalty and Citizens unto any person or persons whatsoever or to soe much thereof only as the said moneys by this Act appointed to be raised and paid as aforesaid shall yearely amount unto to satisfy and pay towards the said interest to the said Orphans and other the said Creditors of the said Mayor Co[m]monalty and Citizens or their respective Executors Administrators or Assigns equally in proportion to their respective Interests the said payments to be made twice in every yeare. (that is to say) on the Feast [Dayes (fn. 5) ] of Saint Thomas the Apostle and Saint John the Baptist or within Foureteen days after the first payment thereof to be made on the Feast [day (fn. 5) ] of Saint Thomas the Apostle which shall bee in the yeare of our Lord One thousand six hundred ninety foure or within Fourteen days after And the said moneys or any part thereof shall not be applied issued or paid to any use intent or purpose whatsoever by vertue of any Order or Warrant whatsoever other then for the use aforesaid but all Orders and Warrants for issueing paying or disposing any of the said moneys contrary to the true intent and meaning of this Act shall be utterly void.

XIII. The Provision herein made declared to be a full Discharge of the Debt due from the City to the said Orphans and other Creditors.

And be it further enacted by the authority aforesaid That the Provision hereby made for payment of the said Interest money for ever shall be and is hereby declared to be in full satisfaction and discharge of and for the Debts due from the said Mayor Co[m]monalty and Citizens of the said City of London to the said Orphans and others their [said (fn. 5) ] Creditors and of and from all Interest due or to be due for the same unto the Five and twentieth day of December One thousand six hundred ninety three And that all and every the said Orphans and Creditors or their respective Executors Administrators or Assignes shall according to usual Custom acknowledge satisfacc[i]on of their respective Debts paying to the Officers concerned such fees onely as the Mayor and Court of Aldermen for the time being shall direct and appoint not exceeding Thirteen shillings and foure pence for every Thousand pounds And the said Mayor Commonalty and Citizens of the said City of London and their Successors are and shall be hereby acquitted and discharged of and from the same.

XIV. Books of Receipts and Disbursements to be kept by the Chamberlain;

free Access thereto without Fee.; Accompts to be audited yearly upon Oath.; Allowance to Auditor.; Accompts so audited, allowed by the Court of Aldermen.

And to the end the said moneys may be duely applied to the uses aforesaid for which the same are by this Act appointed and appropriated be it further enacted by the authority aforesaid That there shall from time to time be provyded and kept by the said Chamberlaine for the said City of London for the time being one or more book or books of vellom or parchment in which all moneys to be received by any the ways or meanes herein before menc[i]oed shall from time to time as the same shall bee received bee entred or sett downe and for what the same was received And alsoe one other [like (fn. 5) ] book or books wherein the accompts of all payments and disbursements out of the same shall be likewise entred expressing the time when the occasion for which and the name of the person or persons to whom the same were soe paid and disbursed And that it shall and may be lawfull to and for all and every person and persons to have free access unto and view of the said respective books of receipts and disbursements att all times between the Houres of Nine and Twelve in the Forenoon without any fee or reward to be taken for the view or inspection thereof And that the receipts and payments of all the moneys aforesaid by the said Chamberleyne of the said City or other Officer who shall be appointed by the said Mayor Co[m]monalty and Citizens to receive or issue out the said moneys be audited yearely upon oath before one of the Auditors of the Imprest for the time being (which oath the said Auditors respectively are hereby required to administer) between the Feast days of Saint Michael the Archangel and Saint Thomas the Apostle And the said Auditor shall have and receive of the Chamberleyne of the City of London for the time being the su[m]m of twenty shillings and noe more for every thousand pounds the said accompts shall amount unto the which accompts so auditted shall be signed by the said Auditor and be allowed alsoe by the said Mayor and Court of Aldermen and fairely entred and remain in the Chamber of the said City to bee perused and viewed as aforesaid.

XV. Chamberlain or others misapplying the Money;

Penalty.

And be it further enacted That if any Chamberlain of the said City of London or other person aforesaid shall after receipt of any of the said moneys divert or misapply the same or any part thereof contrary to the true intent and meaning of this Act That then such Officer or person so diverting or misapplying the said money shall forfeit treble the su[m]m so misapplied which said Forfeitures shall be recovered by any the said Orphans or other Creditors their Executors Administrators or Assignes that shall sue for the same by Action of Debt Bill Plaint or Informac[i]on in any of their Majesties Courts of Record wherein noe Essoigne Protection or Wager of Law shall be allowed.

XVI. Chamberlain, &c. to give a Note of what is owing to Orphans, &c.

Debt transferrable.; Transfer to be registered.; Assignce entitled, and may in like manner assign.

And be it further enacted by the authority aforesaid That the Chamberlain and Co[m]mon Serjeant of the said City shall upon request give unto every of the said Orphans and Creditors and to their respective Executors Administrators or Assigns a Bill or Note in writeing of the Principal Debt and Interest oweing to such Orphan or Creditor and to their respective Executors Administrators or Assigns And that any person or persons to whom any money shall be payable by virtue of this Act may by writeing under his or their respective Hands and Seales assign and transferr his her or their Right or Interest in and [by (fn. 6) ] such moneys payable by vertue of this Act or any parte thereof to any person or persons whatsoever which being entred or registred in a Book to be kept by the said Mayor and Court of Aldermen for that purpose (which they are hereby enjoyned to keep) and the Note or Bill of the said Debt soe given as aforesaid being delivered upp to the Officer appointed by the said Court of Aldermen for that purpose who shall thereupon give his Note or Bill in writing of the Debt so assigned to the party or parties to whom such Assignment shall bee made such Assignee or Assignees his or their Executors Administrators or Assignes shall be entituled to the benefitt thereof and of all moneys payable thereon and such Assignee or Assignees may in like manner assign again and so toties quoties and afterwards it shall not be in the power of any such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby assigned or any part thereof.

XVII. No Person compellable to pay Money belonging to Orphans, into the Chamber.

Proviso for Process upon Recognizance.

Provided always and be it enacted That noe person or persons whatsoever shall att any time be compelled or obliged by vertue of any custome within the said City or by any Order or Process of the Court of Orphans or otherwise howsoever to pay or deliver into the Chamber of the said City of London any su[m]m or su[m]ms of money or personal estate due or to be due or belonging to any Orphan or Orphans of any Freeman of the said City any Law or Usage for inforcing the same notwithstanding. Provyded always that nothing herein contained shall be deemed or construed to extend to impeach make void or prevent Process upon any Recognizance already given according to the Custome of the said City,

XVIII. Corporation Lands charged, if Mayor, &c. misapply Monies appropriated by this Act.

And be it further enacted That if any of the said su[m]m or su[m]ms by this Act appropriated or any part thereof shall happen to be misapplyed or converted to any other use then as aforesaid by the said Corporation of the Mayor Co[m]monalty and Citizens of London for the time being or any of their Officers or any other person by colour of any warrant or authority by from or under them that then in such case the said Mayor Co[m]monalty and Citizens shall and may be answerable for the same out of the Revenue of the said Corporac[i]on in any Action to be brought by any of the said Orphans or other Creditors their Heires or Assigns which said su[m]m so recovered shall goe and be to and for the uses aforesaid in like manner as the same if not misapplyed should or might have been excepting the costs of such suit which shall be to and for the benefit of him her or them so sueing.

XIX. Fines, &c. upon the Mayor, &c. cannot be acquitted.

Provided always and be it enacted That all Amerciaments Fines Issues or Distresses against the said [Corporation of the said (fn. 7) ] Mayor Co[m]monalty and Citizens and their Successors respectively had charged or levied in or upon account of such Suit or Actions brought shall be applied to the uses aforesaid and to noe other use whatsoever nor shall the same be pardoned acquitted or discharged by any Letters of Signett Privy Seale or Great Seale of their Majesties their Heires or Successors or otherwise howsoever any Law or Usage to the contrary notwithstanding.

XX. Orphans hereafter may take Advantage of this Act;

and Mayor &c. may order Chamberlain to pay, on Notice.; Persons to whom Money paid, to give a Discharge.

Provided always and be it enacted That when and as often as any application shall bee made to the said Mayor and Court of Aldermen for the time being on behalfe of any Orphan or Orphans of the said City by the Executors or Administrators of the Father of such Orphans to pay in and lodge any su[m]m or su[m]ms of money of or belonging to such Orphan or Orphans in the said Chamber and to have the benefitt of the said provision hereby made it shall and may be lawfull to and for the said Mayor and Court of Aldermen and they are hereby impowered and directed to order the Chamberleyne of the said City for the time being to pay off the like sum to such person or persons entituled to the said yearely payments as aforesaid as they think fitt not being Orphans under the Age of One and twenty yeares and giveing Three months notice to or for the person or persons soe to be paid off and discharged att the end of which Three months upon payment or tendring of the said moneys due for Interest and Principal too or for the person or persons to whom such notice shall bee given according to the provision hereby made att the Office of the said Chamberlaine in Guildhall London then and from thenceforth the annual su[m]m or su[m]ms of money payable to such person or persons to whom such notice payment or tender shall be made or given shall cease and determine and the same shall become due and payable to or for the use of such Orphan or Orphans who shall have paid in the moneys for the same and shall be registred accordingly and be assignable as aforesaid Neverthelesse the moneys soe tendred shall be paid to such person and persons upon their demand of the same and assigneing [and (fn. 8) ] giveing a discharge for the same it being hereby enacted and declared that the provision hereby made shall be and remaine a perpetual Stock or Fond for the benefitt of the Orphans of the said City successively.

XXI. Orphans that have already transferred may redeem in Three Years Time.

Interest at the Rate of £8 per Cent. per Ann.

And be it further enacted and declared That all such of the said Debts due to any of the said Orphans as have been att any time before the said Five and twentieth day of December assigned or granted or covenanted to bee assigned or granted or for which any authority hath heretofore been given or granted by any of the said Orphans their Husbands Executors or Administrators to any person or persons to receive the same or any part thereof to the use of such person so authorized or any other person besides such Orphan shall and may be redeemed and are hereby declared to bee redeemable by the said Orphans or their Husbands or their respective Executors or Administrators on payment of the said Principal sum of money paid in considerac[i]on of makeing the said assignment grant covenant or authority together with the charges and Interest for the same from the time of the payment thereof after the rate of Eight pounds per Centum per Annum for One yeare discounting for what hath been received for or in respect of the said Debt by any such person to whom such assignm^t: or authority was made or given and upon paym^t: or tender of the said Principal money Interest and Charges such grant assignement or authority and all covenants and agreements concerning the same shall bee void. Provided neverthlesse that such redemption as aforesaid bee made within the space of three yeares from and after the end of this present Session of Parliament.

XXII.

Bonds to Agents void.; Mayor, &c. to pay Agents.; Agent offending; Penalty.

And whereas diverse persons pretending as Agents and Sollicitors to obtaine the payment of the Orphans Debts by Act of Parliament or otherwise have induced many Orphans and others for them to enter into obligations agreem[en]t contracts subscriptions or other securities for payment of large portions of their Debts whensoever it should be recovered which may amount to very great su[m]ms. Be it therefore enacted by the authority aforesaid That all such bonds obligations agreements contracts subscriptions and other securities so entered into shall bee null and void and that it shall be lawfull for the Mayor and Court of Aldermen of the City of London out of the Revenue settled by this Act for relief of the Orphans and other Creditors to allow and pay unto such Agents and Sollicitors what they judge may be reasonable which su[m]ms shall be allowed in the account of the said Revenue and in case any such Agents or Solicitors shall demand or receive any more money upon accompt of or from any of the said Orphans then what shall bee soe adjudged due to them respectively they shall respectively forfeit treble the su[m]m they shall soe receive to be recovered together with Costs of Suit by such person or persons who shall sue for the same by Action of Debt Bill Plaint or Information in any of their Majesties Courts of Record att Westminster wherein noe Essoigne Protection Priveledge or Wager of Law shall be allowed nor any more then one Imparlance.

XXIII. Proviso for New River;

and for York Buildings Water.; 2 W. & M. Sess. 2. c. 24. pr.; Proviso for Pipes.

Provided that this Act shall not extend to the New River water nor the proffitts and p[er]quisitts thereof. Provided neverthelesse that nothing in this Act contained shall be construed or taken to hinder or obstruct the Governour and Company of Undertakers for raiseing the Thames water in York Buildings or their Assignes from takeing or draweing water out of the River of Thomas or from laying or repaireing their Pipes or Branches according to an Act of Parliament in that behalfe made but that they may still enjoy all their Rights and Titles by the said Act provided and may still continue to take the said Thomas water and to lay and repaire their Pipes as they might have lawfully done before the makeing of this Act any thing herein contained to the contrary thereof in any wise notwithstanding. Provided alsoe that neither the said Governour and Company of Undertakers for raiseing the Thames water in York Buildings or their Assigns nor the said Mayor and Co[m]monalty and Citizens or their Assigns do or shall disturb obstruct or hinder each other in laying repaireing or amending such their respective Pipes or Branches or to do or cause to be done any prejudice or damage to each others Pipes or Branches.

XXIV. Proviso for Shadwell Water.

3 W. & M. c. 37.

Provided that nothing in this Act shall be construed or taken to hinder or obstruct the Governour and Company of the Water-works and Waterhouses in Shadwell or their Successors of any right or title to take and receive water out of the River of Thames nor to hinder or obstruct them in laying Pipes and Branches in the Streets and open Passages or holding useing exerciseing or enjoying all or any such right title estate powers priveldges and advantages whatsoever as by one Act of this present Parliament entituled An Act for incorporateing the Proprietors of the Water-works in the parish of Saint Paul Shadwell in the County of Middlesex and for the encourageing carrying on and settling the said Waterworks or by any other lawfull ways and means they and their Successors doe now enjoy the same or as they may or might enjoy the same as if this present Act had never been made any thing contained herein to the contrary notwithstanding.

XXV. Proviso for Water-works of Thomas Morrice at London Bridge.

Provided that this Act or any thing herein contained shall not extend to the Water-works of Master Thomas Morrice att or neare London Bridge which hee holdeth and enjoyeth by vertue of a grant made to Peter Morrice his late Grandfather from the Mayor Co[m]monalty and Citizens of the City of London for the terme of Five hundred yeares by Indenture under their Co[m]mon Seale dated the Foure and twentieth day of November in the Five and twentieth yeare of the reigne of the late Queen Elizabeth nor any of the profitts and benefitts ariseing or accrewing thereby nor to make the same liable or appropriate the same or any part thereof to the payment of the said Interest moneys or Fond hereby intended other then the rent reserved upon the said lease

XXVI. Proviso for S. Hutchinson, he paying a Share in the Convex Lights.

Provided always and be it further enacted by the authority aforesaid that if Samuel Hutchinson Gentleman or his assignes shall pay to the Partners in the Convex Lights before the Foure and twentieth day of June One thousand six hundred ninety five his and their full proportion of money for stock for his and their shares as the other Partners have paid and do within the same[time (fn. 9) ] agree and covenant under his and their hands and seales to stand to and performe all such contracts and agreements as are or shall be made by the said Partners then he the said Samuel Hutchinson his Executors Administrators and Assignes shall and may have hold and enjoy the same interest and benefitt in the premisses as any of the said Partners do or may att any time hold and enjoy the same according to their respective proportions.

XXVII. Persons sued for executing Act may plead General Issue.

Costs.

And be it further enacted that if any action plaint suit or information shall be commenced or prosecuted against any person or persons for what he or they shall doe in persuance or in the execution of this Act such person or persons shall or may plead the Generall Issue thereunto and upon Tryal of any Issue joyned may give this Act and the special matter in evidence and if the Plaintiff or Prosecutor shall become nonsuit or forbeare further prosecution or suffer discontinuance or if a verdict passe against him the Defendant or Defendants shall recover their Costs for which hee or they shall have the like remedy as in any case where Costs by Law are given to Defendants:

XXVIII. This Act a Publick Act.

Provided always and be it enacted by the authority aforesaid that this present Act shall bee accepted taken and reputed to bee a General Act of Parliament of which all and every the Judge and Judges of this Kingdom in all Courts shall take notice on all occasions whatsoever as if it were a Publick Act of Parliament relateing to the whole Kingdome Any thing herein contained to the contrary thereof in any wise notwithstanding.

XXIX. Money retained for City Charges for Seven Years, not exceeding £2,000 yearly.

And whereas the residue of the Revenue belonging to the said Mayor and Co[m]monalty and Citizens over and above what is hereby appointed to and for the use of the said Orphans and Creditors will not be sufficient until further improvements can be made to answer and defray the expences necessary for supporting the Government and publick charges of the said City Be it further enacted by the authority aforesaid that for the space of Seven yeares co[m]mencing from the nine and twentieth day of September last past it shall be lawful for the Mayor and Court of Aldermen to retaine and apply and for the Chamberlaine to issue and pay towards the necessary expences or charges any su[m]m or su[m]ms not exceeding in the whole the su[m]m of Two thousand pounds yearely out of the moneys hereby appointed to and for the use of the said Orphans and Creditors as aforesaid Any thing in this Act contained to the contrary in any wise notwithstanding.

XXX. Money retained to be repaid.

City Lands charged with Re-payment.; Exception of certain Hospitals.

Provided neverthelesse and be it enacted by the authority aforesaid that if after the deduction and allowance of the said Two thousand pounds per annum for the use and support of the Government of the said City of London dureing the said terme of Seven yeares there shall not be raised and paid to the Orphans and Creditors by this Act intended to bee provided for out of the residue of the rents issues and profitts of the several Provisions and Fonds above menc[i]oed so much money as will fully satisfie [all (fn. 10) ] the said Orphans and Creditors interest for all their several and respective debts after the rate of Foure pounds per Centum per Annum dureing the said whole terme of Seven yeares that then and in such case the said Mayor Co[m]monalty and Citizens of the said City of London for the time being shall repay into the hands of the Chamberlain of London for the time [being (fn. 10) ] within Seven yeares after the expiration of the said terme the whole and full su[m]m of Foureteene thousand pounds or see much thereof as they shall have made use of for the support of the Government by Two thousand pounds per Annum or such lesse yearely su[m]m as shall be proportionable to what they shall have soe made use of until the same or soe much thereof as shall make good the deficiency that shall appeare in the satisfaction of the interest of all the said moneys due to the said Orphans and other Creditors att the rate aforesaid by reason of applying the said Two thousand pounds per Annum or any part thereof to the use of and for the support of the Government of the said City for the terme aforesaid shall be satisfied And for secureing the repayment thereof as aforesaid all and every the estate rents revenues interest perquisites profitts and emoluments of any sort (except the mannors messuages lands estates possessions and revenue of and belonging to the said Hospitals in or belonging to the said City of London or Borough of Southwark and such as are chargeable with and for the repaires of London Bridge) which att the expirac[i]on of the said terme of Seven yeares shall belong unto the said Mayor Co[m]monalty and Citizens thereof in their politick or publick capacity only shall bee and are hereby charged and made subject and liable thereunto.