Page:Ruffhead - The Statutes at Large - vol 3.djvu/116

 68 C. 3j 4. Anno quarto Jacobi I. A. D. 1606/ CAP. III. An Adi to give Cofts to the Defendant upon a Nonfuit of the Plaintiff, or Verdid againft him. ' TTT ZHEREAS in the three and twentieth Year of the Reign of King Henry the Eighth of famous- Cafes wherein ' » ' Memory, a good and profitable Law was made, whereby it was enacfled, That m Cafes where by the Statute ' the Plaintiff in any Action, Bill or Plaint of Debt, Trefpafs upon the Cafe, Detinue, Account, and in """'* *3 H. 8. ' fome other Aftions therein efpecially mentioned, (hould become nonfuit, or a Verdidt fhould be had foidint ftaii* ' againft the faid Plaintiff; that then in fuch Cafes the Defendant (hould have Judgment to recover his recover his Cofte. ' Cofts againft every fuch Plaintiff, as by the faid Law appeareth : (2) Which Law hath been found to be Hetley 146, ' very good and beneficial for the Commonwealth, and thereby many have been difcoiiraged from bring- ' ing frivolous and unjuft Suits, becaufe fuch Parties are to make Recompence to the Parties unjullly ' vexed, for the faid unjuft Vexations. I Buiftr' llV ' ^^' ^^^ forafmuch as Actions of Trefpafs, and A6lions of EjeSikfie firma^, and many other Adions 3 Buiflr', 148'. * Real and Perfonal, are within the fame Mifcluef, as the faid other A<5lions were at the Common Law, sevfrji Cafes ' and yet were omitted out of the Pfovifion of the faid Law:' (2) For Remedy whereof. Be it- enafied fendant maiPre-^y ^^ King's moft excellent Majefty, the Lords Spiritual and Temporal, and the Commons, in this pre- cover hu Cofts ' fent Parliament affembled, and by the Authority of the fame. That if any Perfon or Perfons at any Time ■againft the Plain- after the End of this prefent Seflion of Pariiament, fhall commence or fue in any Court of Record, or in se'iIz e 1 ?"y other Court, any A<Sion, Bill or Plaint of Trefpafs, or Eje^ione frvia, or any other A6tion whatfo- a Roll 75, 87, ever, wherein the Plaintiff or Demandant might have Cofts (if in cafe Judgment fhould be given for him) 213- and the Plaintiff or Plaintiffs, Demandant or Demandants, in any fueh Atfion, Bill or Plaint,, after Ap- Hutf "i' 2 pearance of the Defendant or Defendants, be nonfuited, or that any Verdift happen to pafs by any. lawfril Maich'24.* ' Trial againft the Plaintiff or Plaintiffs, Demandant or Demandants, in any fueh A^ion>, Bill or Plaint, Cro. jac. 219. that then the Defendant and Defendants, in every fuch Adtion, Bill or Plaint, fhall have Judgment to .Cis. Car. T-g. ' recover his Cofts againft every fuch Plaintiff and Plaintiffs, Demandant and Demandants, (3.) to be af- feffed, taxed and levied in Manner and Form as Cofts in the faid recited Adlions are to be alfeffed, taxed »3H.8.c. 15. and levied in and by the faid Law of the three and twentieth Year of King Henry the Eighth. Coke Ent. 29. In luhat Cafes Cop aregivm, fa farther 7 Jac. i. f. ;. "'■tyac. t. c. 16. 16 Car. I. c. 15, 13 Car,!, St. 2. c. z.. 23 Car, 2. e. g.fcd, 136. 4.6? j TT, fif Af. c.vi* Sff^.i.c.n, II & iz f^. i' c. g. 4 ^». c, 16, W 14 Geo. 2, f. 17. C A P. IV. An A£b to reftrain the Utterance of Beer and Ale to Aleboufe-keepers and Tiplers not licenced.- fn^h^cfft*^' ' T?Q^ ^^^^ better Repreffing of Alehoufes, whereof the Multitudes and Abufes have been and are only Ale or Be«r ' J? found intolerable, and ftill do and are like to increafe :' (2) Be it enacfted by the King's moft excel- jmay be fold to an lent Majefty, and the Lords Spiritual and Temporal^ and the Commons, in this prefent Parliament af- havi'ng"no"Li!''" fumbled, and by the Authority of the fame. That no Perfon or Perfons by himfelf, or by any other Ways cence. ' or Means, diredly or indiredly, fnall at any Time after three Months next after the End of this prefent The Abufes of Seffion of Parliament, fell, utter or deliver, or caufe to be fold, uttered or delivered, any Beer or Ale, to jtrabfe"'''^ '"'°' ^"7 Pcrfon or Perfons, or into the Hoiife or Cellar of any Perfon or Perfons that then fliall fell or utter None liiaii fell Beer or Ale as a common Tipler or Alehoufe-keeper, the fame Perfon not having any Licence then in Ale or Beer to Force to fell Ale or Beer, other than for the convenient Ufe and Expence of his, her or their HouQioId ' ^cKr not hav- "^"'Y > (s) upon Pain to forfeit for every Barrel fold, Uttered Of delivered contrary to the Form and true ing Licence, ' Meaning of this Aft, the Sum of fix Shillings eight-p.ence, andfo after that Rate for a greater or lefler but for the Ex- Quantity. pence of his HouOioId. iHa-ui.P.C. c.-ji. 'h Off ' '^°"'" II' And be it further enafted by the Authority aforefaid,That all Ofiencesto be done or committed contrary »fore&rd"mail be *o ^^^ ^^^^ Meaning of this A6t, and all Penalties aforefaid, fhall be enquired of, fued for, heard and de- heard and deter- termined in the Seffions of the Peace for the County, City or Borough, Town or Liberty, or in the Court mined. of Record of the City, Borough, Town or Liberty, wherein fuch Offence fhall be committed, by Adtioa of Debt, Information, Indidtment or Prefentment, wherein no Effoin, Proteftion or Wager of Law (hall Who fhall have be allowed to the Defendant : (2) And the one Half of all which Forfeitures Ihall be to the Ufe of the the Forfeitures. pQQj. People inhabiting within the City, Borough, Hundred, Town or Liberty, where fuch Offences fliall be committed from Time to Time, and the other Half thereof to him, or them that will fue for the fame. "Tfie^Poof's Half III. And to the End that the faid one Half of the faid Forfeitures above limited to be to the Ufe of the "vircs^fhai'i be ^^jd poor People, may be truly imployed and beftowed upon them, according to the true Meaning of this .ieliveredto the Adt : (z) Be it further enadted, That the Sheriff, Bailiff or other Officer or Perfon that (hall leVy or re- Ovtrfcers, ceive any Sum or Sums of Money forfeited and recovered according to the true Meaning of this Adl, fliall and may by Virtue of this Adt, without further Warrant, deliver the one Half of the fame Sum and Sums, of Money, by him or them fo levied and received, to fome one or more of the Churchwardens and Over- feers of the Poor of the fameParifh where the fame Offence fhall be committed, to be by them and every of them diftributed and beftowed amongft the faid poor People, according to the true Meaning of tliis Adb, who fhall likewife have Authority by Virtue of tliis Adl, to diftribute and beftow the fame accordingly. IV. And