Page:Ruffhead - The Statutes at Large - vol 3.djvu/102

54 the said Person so using or setting up the said Trade, Mystery or Occupation, have served seven Years at the least as an Apprentice therein, and do use the Trade and Handicraft of a Skinner; (2) upon Pain of Forfeiture of the double Value of all such Skins or Furs as shall be dressed or wrought by such Person or Persons, his or their Servants, Journeymen or Apprentices, contrary to the Intent of this Act.

V. And be it enabled by the Authority aforesaid, That all Forfeitures and Penalties, which by Force of this Act shall arise or grow, shall be divided and distributed in Manner and Form following, that is to say, the one Moiety of the said Penalties and Forfeitures afore-mentioned shall be to our Sovereign Lord the King's Majesty, his Heirs and Successors, and the other Moiety thereof to such Person or Persons as shall seize the said Skins or Furs so forfeited, or shall sue for the same Penalties and Forfeitures, by Action of Debt, Bill, Plaint or Information, in any Court of Record: In which Suits no Essoin, Protection or Wager of Law shall be allowed.

VI. This Act to endure until the End of the first Session of the next Parliament.

HEREAS his Majesty's honest and loving Subjects are much charged and burthened in conveying Felons, and other Malefactors and Offenders against his Majesty's Laws and Statutes, unto the Gaol, punishable by Imprisonment there, the said Felons and other Malefactors and Offenders, having Goods and Chattels of their own, whereby to defray the same Charge themselves, to the great Encouragement of such Malefactors and Offenders in their said wicked and bad Courses, and to the Discouragement of his Majesty's said honest and loving Subjects in prosecuting the said Malefactors and Offenders to be punished according to their Demerits:' (2) Be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by Authority of the same, That all and every Person and Persons whatsoever, that from and after the End of this present Session of Parliament, shall be committed to the common or usual Gaol within any County or Liberty within this Realm, by any Justice or Justices of the Peace, for any Offence or Misdemeanor to any such Gaol, that the said Person or Persons so to be committed as aforesaid, having Means or Ability thereunto, shall bear their own reasonable Charges for so conveying or sending them to the said Gaol, and the Charges also of such as shall be appointed to guard them to such Gaol, and shall so guard them thither: (3) And if any such Person or Persons so to be committed as aforesaid, shall refuse at the Time of their Commitment and sending to the said Gaol, to defray the said Charges or shall not then pay or bear the same, That then such Justice or Justices of the Peace shall and may by Writing under his or their Hand and Seal, or Hands and Seals give Warrant to the Constable or Constables of the hundred, or Constable or Tithing-man of the Tithing or Township where such Person or Persons shall be dwelling and inhabit, or from whence he or they shall be committed as aforesaid, or where he or they shall have any Goods within the County or Liberty, to sell such and so much of the Goods and Chattels of the said Persons so to be committed, as by the Discretion of the said Justice or Justices of the Peace shall satisfy and pay the Charges of such his or their conveying and sending to the said Gaol, the Appraisement to be made by four of the honest Inhabitants of the Parish or Tithing where such Goods or Chattels shall remain and be, and the Overplus of the Money which shall be made thereof to be delivered to the Party to whom the said Goods shall belong.

II. And be it further enacted by the Authority aforesaid, That if the said Person or Persons so to be committed as aforesaid, shall not have or be known to have any Goods or Chattels which may be sold for the Purpose aforesaid within the County or Liberty, That then an indifferent Tax or Assessment shall be made by the Constables and Church-wardens, and two or three other the honest Inhabitants of the Parish, Township or Tithing were the said Offender or Offenders shall be taken or apprehended, the said Taxation being allowed under the Hand of one or more Justice or Justices of the Peace, if there be such Constables or Church-wardens there inhabiting, and in Default of them, by four of the principal Inhabitants of the said Parish, Township or Tithing, where such Offenders shall be taken or apprehended: (2) And if any so taxed or assessed shall refuse to pay their said Taxation, then the Justice or Justices of Peace by whom the said Offenders shall be committed to Prison as aforesaid, or any other Justice of Peace next adjoining, shall and may give Warrant as aforesaid, to the Constable, Tithing-man or other Officer, there to distrain the Goods of any so assessed, which shall refuse to pay the same, and to sell the same; (3) and that such Person or Persons so authorized, shall have full Power and Authority so to distrain, and by Appraisement of four substantial Inhabitants of the said Place, to sell a sufficient Quantity of the Goods and Chattels of the said Persons so refusing, for the levying of the said Taxation; and if any Overplus of Money come by the Sale thereof, the same to be delivered to the Person or Persons, Owner or Owners thereof.

II. And be it enacted by the Authority of this present Parliament, That if any Action of Trespass or other Suit shall happen to be attempted or brought against the Person or Persons for taking of any Distress, making of any Sale, or any other Act by Authority of this present Act, the Defendant or Defendants in any such Action or Suit, shall and may either plead Not guilty, or otherwise make Avowry, Cognizance or Justification for the taking of the said Distresses, making of Sale or other Act by Virtue of