The TEMPORAL GOVERNMENT. [Aldermen.]94

The TEMPORAL GOVERNMENT. [Aldermen.]

Forfeit the Sum of Four hundred Pounds of lawful Money of England, to the Maior and Commonalty of the same City, to be employed to the Uses hereafter declared and expressed, unless he shall be duly discharged of the said Office of Shrievalty, for Want or Defect of Ability in Wealth, upon Oath taken, as is aforesaid. Provided nevertheless, and be it Enacted, Ordained and Established by the Authority aforesaid (any thing in this Act to the contrary notwithstanding) That if the Person so to be chosen or elected, and making default in appearing, or denying to become bounden, or that shall declare his Refusal, as aforesaid, shall be an Alderman of this City at the time of his Choice or Election, then every such Alderman so to be chosen or elected, shall forfeit the Sum of Six hundred Marks, of lawful Money of England, to the Maior and Commonalty of the same City, to be employed to the Uses hereafter in this Act declared and expressed. All which Forfeitures or Penalties shall be recovered by Action, or Bill of Debt Original, to be commenced and prosecuted in any of the Courts of Record of the King's Majesty, or his Heirs or Successors, within the said City: And that the same Person or Persons so offending, or refusing, after such Forfeiture, shall nevertheless remain Eligible yearly afterward to be Sheriff of the said City and County, as if he or they had never been before chosen or elected to the said Office. Provided also, and it is likewise Enacted and Declared, touching the Uses and Employment of the said Forfeitures, That if any such Default or Forfeiture shall be made, as aforesaid, by any Person that shall first in any Year be chosen or elected by the Lord Maior for the time being, to be Shrive of the City of London, and County of Middlesex, That then One hundred Pounds, parcel of such Forfeitures, shall be given and bestowed upon such person as shall first in the same Year accept to take upon him the said Office of Shrievalty: And if it shall happen after such Acceptation of the said Office, any other Forfeiture by Default or Refusal shall be made in the same Year by any person that shall be chosen or elected by the Lord Maior, Aldermen and Commons, for the time being, to be Sheriff of the said City and County of Middlesex, That then one Hundred Pounds parcel of such Forfeiture shall be given and bestowed upon such other person as shall first after such Forfeiture in the same Year accept and take upon him the said Office of Shrievalty, being thereunto elected and chosen by the Lord Maior, Aldermen and Commons of the same City: And that all the Residue of the same Forfeitures, and all other Forfeitures and Penalties for Refusal, or making Default to appear, denying to become bound, or declaring refusal to take the said Office of Shrievalty, as is aforesaid, shall be wholly and entirely used and employed to the only Use and Behalf of the Maior, and Commonalty, and Citizens of the said City; any Act, Law, or Ordinance to the contrary in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That if any Freeman of this City, which shall incur any Penalty or Forfeiture before declared, by Force of this Act, shall not within three Months next after such Forfeiture incurred, well and truly pay unto the Chamberlain of the said City, for the time being, all such Penalties and Forfeitures to such Uses as in this Act is appointed and declared, That then every such person failing of such payment, shall, over and above the said Penalties and Forfeitures before declared, forfeit and lose the Sum of one Hundred Pounds more to the Use of the said Maior and Commonalty, to be recovered in Form abovesaid. And to the intent that no Alderman of this City shall, in respect of Posteriority of Choice or Election to the said Office of Shrievalty, be inferiour in Anciency or Preheminence to any Commoner, and for other good Considerations: It is therefore Enacted, * That the Lord Maior of the said City for the time being, shall not at any time hereafter choose or elect any Commoner of this City to be Sheriff of this City of London, and of the County of Middlesex, so long as there shall then be an Alderman of this City Eligible to the said Office; Any former Law, Custom, Usage, or other Matter whatsoever to the contrary notwithstanding. And to the intent that the Court of Lord Maior and Aldermen of this City for the time being, shall not be burdened or charged with any Unkindness, nor pestered with importunate Suits, if they shall refuse to relieve such Persons as shall make default, or deny to become bound, or refuse to accept of the said Office of Shrievalty, as is aforesaid. And for other good Considerations, it is likewise declared and enacted, That the Court of Lord Mayor and Aldermen of this City for the time being, have not, nor shall have power nor authority in any case, without the assent of the Commoners in publick Common Council of this City first had and obtained, to dispence with, remit or abate any of the said Forfeitures, or any part thereof, which at any time hereafter shall happen or grow due by Force of this Act; nor to give Respite of Payment thereof, or of any part thereof, above the Term of one Year at the most; nor to give any Restraint or Delay of Suit to be commenced and prosecuted for Recovery thereof.
GOODFELLOW.

If an Alderman refuse &c. forfeits 600 Marks.

The Person refusing after the Forfeiture shall be Eligible again.

100l. out of the first Forfeiture to be paid to the first Person holding the Office a year.

100l. to be paid out of the next Forfeiture to the other person who shall hold.

The Remainder of the Forfeitures to the Use of the City.

If the Person forfeiting neglects to pay it in 3 Months, then he forfeits 100l. more.

*Lord Maior not to Elect a Commoner if there is an Alderman who has not served the Office.

Court of Aldermen have no power without Common Council, to dispense with the Forfeiture for above one year.

Commune Concilium tent' in Camera Guihald' Civitat' LONDON, die Veneris decimo quinto die Junij 1694. Annoq; Regni Dom' VVillielmi & Dom' Mariæ nunc Regis & Reginæ, Angl', &c. Sexto, Coram VVil' Ashurst Mil' Major' dictæ Civitatis, Roberto Clayton Mil', Patienc' VVard Mil', VVill' Pritchard Mil', Roberto Jeffreys Mil', Thoma Lane Mil', Edvardo Clark Mil', Francisco Child Mil', Richardo Levett Mil', Thoma Cook Mil' Alderman', & Thoma Abney Mil', & VVill' Hedges Mil' Vic' & Alderman' dict' Civitat', nec non major' parte Communiar' dictæ Civitat' in eodem Communi Concilio tunc & ibidem assemblat'.

WHereas by a Clause in an Act of Common Council made the Twentieth Day of July, in the Seventh Year of the Reign of King CHARLES the First, in the Maioralty of Sir Robert Ducy, It was amongst other things Enacted in the Words following, That the Lord Maior of this City, for the time being, shall not at any time hereafter choose or elect any Commoner of this City to be Sheriff of the City of London, and of the County of Middlesex, so long as there shall then be an Alderman of the City eligible to the said Office.

Recital of Ducy's Act.

Which said Clause, in respect of Accidents or Circumstances, may not at all times be convenient to be practised.

And whereas by another Clause in an Act of Common Council, made the Sixth day of June, in the Thirty fifth Year of King CHARLES the Second, in the Maioralty of Sir William Pritchard, Knight; It was amongst other things Enacted in the Words following, That the Person who shall be nominated and elected according to ancient Usage by the Lord Maior of this City, for the time being, to be one of the Sheriffs of the City of London, and County of Middlesex, and such Election shall be declared to the Commons of the said City assembled in Common-Hall upon the Twenty Fourth day of June, shall there by the said Commons be confirmed and allowed to be one of the Sheriffs of the City and County accordingly: And that upon proposing the said Person to be confirmed to the said Common Hall, in case any Hands shall be holden up in token of Confirmation, the said Person shall be taken to be

confirm-