Page:Ruffhead - The Statutes at Large - vol 3.djvu/304

 256 C 23. Anno decimo tertio & quarto Caroli IL A. D. 1662. -ever, or any of them, or any other refradory Perfon or Perfons whatfoever, that at any Time hereafter (hall refufe, negledt or fail to give Obedience to this Act, or Ihall do any Acl or A6ts in Difturbance or Obflrudlion thereof, and to bind over fuch Perfon or Perfons to the next Quarter- Seffions according to the known Laws of the Land, to the End fuch Perfon or Perfons may be proceeded withal according to Juftice. IV. And the feid refpeftive Juftices of Peace, as aforefaid, are hereby further impowered and autho- rized on Behalf of the faid feveral Counties refpedtively, to appoint a Treafurer to receive from the faid Collectors the Monies by them colledted, and to pay over the fame according to the Orders they (hall re- ceive from the faid Juftices at the General Seffions of the Peace to be holden for the faid refoedtive Coun- ties : (z) And the faid Juftices are alfo impowered to agree and article with fuch Perfon or Perfons yearly, .as they (hall think fit to imploy in the faid Service, and to take fufficient Security of them for the faithful and moil effe<5hial Perfonnance thereof, for the beft Safeguard, Advantage and cenefit of the People, ac- cording to the true Intent and Meaning of this A&. V. And in Cafe any Perfon or Perfons (hall in Purfuance cf this A6t be imployed in the Border-Ser- vice, and (hall at any Time hereafter wilfully and corruptly, or for any fmifter Refpe(5l whatfoever, neg- ledt or forbear to difcover or apprehend, or to bring to Trial any of the faid Perfons called Mofs-Trcopers, as aforefaid, and (hall be convidted thereof according to Law, he or they (hall from thenceforth be dif- abled and made uncapable for ever after to manage or take upon him or them the faid Imployment, and ,to fuflfer fuch Fine and Imprifonment, according to the Quality of his or their Offence, as the Juftices of Peace at their General SelTions (hall think fit to inflid. VI. Provided neverthelefs, and be it hereby declared. That it (hall be lawful for the Juftices of Peace of either of the faid Counties as aforefaid refpeftively, at any Time hereafter, to moderate or leflen the faid Charge, if they fee Caufe. VII. Provided, That this Aft (haU continue and be in Force for five Years and no longer. VIII. Provided always, and be it fiuther enacted by the Authority aforefaid, That for better Suppreflion and Punifhment of the faid Mofs-Troopers flying out of England into Scotland, or out of Scotland into Eng- land, the Statutes made in the feveral SelTions of Parliament in the fourth and feventh Years of King j5.Tac. I. c. I, James (hall be revived and put in Execution according to their true Intent. [i8 Can z. cap^ 3. Continued 7 J^^wj;' '■ for feven Years fi-om the Expiration of this A<5t. Farther continued for eleven Years by 10 Geo. i. c. 17. Q.17. ' ^" §• '• Continued till i Sept. 1744., &c. by 6 Geo, 2. c. 37. §. 7. and by 17 Geo. 2. c. 40. to 24 June 32 wm.3 C.6. J751, and to the End of the next Seffion of Parliament. J XI Ann. c. 10. CAP. XXIII. An additional Aft concerning Matter of Aflurance ufed amongft Merchants. Hiz. c. II. ' KT H E R E A S by an A(ft of Parliament made in the three and fortieth Year of the Reign of Queen J • • • c yy £lizabeth of hzppY Memory, intituled, Jn yfil concerning Matters of JJ/iirances u/ed a//wngJlA^er- Encouragements'' chants ; the Parliament then taking into Conlideration, by all good Means to comfort and encourage the ot Mercnams -« Merchants of this Kingdom, thereby to advance and increafe the Wealth of this Realm, her Majefty's and Trade. « Cuftoms and the Strength of Shipping, and for preventing of divers Mifchiefs in the faid Aft menti- Sac. v. 3. 598. ' oned ; it was ena<5ted, That it (hould and might be lawful for the Lord Chancellor or Lord Keeper of ■' the Great Seal of England for the Time being, to award forth under the Great Seal of England one ge- ' neral or ftanding Commillion to be renewed yearly at the leaft, and otherwife fo often as unto the Lord ■' Chancellor or Lord Keeper (hould feem meet, for the hearing and determining of Caufes ariling 011 ' of the City of London ; (2) which Commiilions (hould be direfted to the Judge of the Admiralty for '•' the Time being, the Recorder oi London for the Time being, two Doctors of the Civil Law, two Com- ' mon Lawyers, and eight grave or difcreet Merchants, or any five of them ; (3) which Commiffioners, ' or the greater Part of them which (hould fit and meet, (hould have full Power and Authority to hear, ' examine, order and decree all and every fuch Caufe or Caufes in a brief and fummary Courfe without ' Formalities of Pleadings or Proceedings, with Power to warn Parties to come before them, and to exa- ' rniue upon Oath any Witneffes that fhould be produced, and to commit to Prifon any Perfon that ' Ihould wilfuUy difobey their final Orders and Decrees ; (4) and the Commilfioners to fit once Weekly ' upon the Execution of the faid Commiffion, with a Liberty in the faid A6t for any Perfon grieved by ' any fucli Sentence or Decree, to exhibit his Bill in Chancery for the Re-examination of fuch Sentence ' or Decree, as by the faid Aft, Relation being thereunto had, more at large may appear : (5) But for- ' afmucli as by the faid recited Aft, without fi'e Commiffioners there cannot be a Court, and without ' there be a Court they cannot proceed in the Execution of their Commiffion, fo much as to fummon ' Parties or Wimeffes to appear ; and in Cafe of >Jegle6t or Refufal of any Party or Witnefs to appear, ' they have no Power to punilh the Delay or Contempt with Cofts, or otherwife ; (6) and it is provided ' by the laid A&, That not any Commiffioner, other than the Judge of the Admiralty, or the Recorder ' of London, (liall proceed in the Execution of fuch Commiffion, before he hath taken his Oath before ' the Lord Mayor and Court of Aldermen to proceed uprightly and indifferently between Party and Party, ' wiiicli, upon the renewing of the faid Commiffions, often proves a great Delay, there being fo many ' Commiffioners to be fworn, and the Court of AJdermen not fitting at fome Times in the Year when ' the faid Commiffions have happened to be renewed; (7) and although the faid Commiliioners upon '- their final Sentence have Power to commit to Prifon any i-'er!bn that (hall wilfully difobey their faid Sen- ' tences or Decrees, yet tlaey have no Power to make any Order againft the Ship or Goods, which com- ' monly are the Things afiured ; (8) by v.hich Omiffions, for want of Power given by the faid Act, the ' Benehts intended by the faid A&. of Parliament are much retarded, and the Mifchiefs by the Adt en- -* dea oured to b.e prevented, much increafed :' ^ IL For
 * Policies of Alfurance, fuch as then were, or then after (liould be entred within the Office of Affurance