Page:Ruffhead - The Statutes at Large - vol 3.djvu/371

 A. D. 1670. Anno vicefimo fecundo Caroli IT. C. i. ^23 fence fliall be levied by Dlftrefs and Sale of the OfFendcr's Goodjand Chattels ; or in Cafo of the Poverty of fuch Offender, upon the Goods and Chattels of any othci- Pcrfon or Perfons who fliall be then convitTted The Penalty ■in Manner aforefaid of the like Oftence at the fame Conventicle, at the Difcretion of the faid Juftice, Ju- ''"* "> ^'clc- ■IHces or Chief Magillrate refpedively, fo as the Sum to be levied on any one Pcrfon in Cafe of the Poverty *'"''■ .of other Ofl'enders, amount not in the Whole to above the Sum of ten Pounds, upon Occafion of any one Meeting as aforefaid : (3) And every Conftable, Headborough, Tithingman, Church-wardens and Over- Condatlcs, ftc. fears of the Poor refpe£tively, are hereby authorized and required to levy the ikme accordingly, having firfl: to levy tiit fame, ■received a Warrant under the Hands and Seals of the faid Jullicc, JuCdccs or Chief Magiftrate refpectively ^niip-iy't 10 the ner following; that is to fay, the Juftice or Juftices of Peace fliall pay the fame into the Court of the re- divide fpeilive Quarter-Seffions, which faid Court Ihall deliver the fame to the Sheriff, and make a Memorial on Record of the Payaient and Delivery thereof, which faid Memorial ftiall be a fufficicnt and final Difchnrge to the faid Juftice and Juftices, and a Charge to the Sherifl-", which faid Difcharge and Charge fliall be certified into the Exchequer together, and not one without the other : And no Juftice fliall or may be que- certificate into ftioned or accountable for the iame in the Exchequer or elfewhere, than in the Qiiarter-Seflions : Another the Exchc<iuer, third Part thereof to and for the Ufe of the Poor of the Paiifli where fuch Offence fliall be committed ; and the other third Part thereof to the Informer and Informers, and to fuch Perfon and Perfons as the faid Ju- ftice, Juftices or Chief Magiftrate refpe6lively fliall appoint, having regard to their Diligence and Liduftry in the Difcovery, difperfing and punifhingof the faid Conventicles. III. And be it further enafted by the Authority aforefaid. That every Perfon who fliall take upon him to xhePeaalt f Preach or Teach in any fuch Meeting, Affembly or Conventicle, and fhall thereof be convi£ted as afore- fuch as preach faid, fhall forfeit for every fuch firft Offence the Sum of twenty Pounds, to be levied in Manner aforefaid or teach in a upon his Goods and Chattels ; (z) and if the faid Preacher or Teacher fo convicted be a Stranger, and his Conventicle. , Name and Habitation not known, or is fled and cannot be found, or in the Judgment of the Juftice, Ju- How to be levied ftces or Chief Magiftrate, before whom he fliall be convidled, fhall be thought unable to pay the fame, "the anddifpofed. faid Juftice, Juftices or Chief Magiftrate refpeftively, are hereby impovvered and required to levy the fame by Warrant as aforefaid upon the Goods and Chattels of any fuch Perfons who fliall be prefent at the fame Conventicle; any Thing in this or any other AQ, Law or Statute, to the contrary notv^ithftanding ; and the Money fo levied, to be difpofed of in Manner aforefaid: (0 And if fuch Offender fo conviilcd as aforefaid, fliall at any Time again commit the like Offence or Ofl"ences contrary to this Aci, and be there- of convifted in Manner aforefaid, then fuch Oftender fo convidled of fuch like Offence or Offences, fhall for every fuch Oftence incur the Penalty of forty Pounds, to be levied and difpofed as aforefaid. ■ IV. And be it further enafced by the Authority aforefaid. That every Perfon who fliall wittingly and The Forfeiture willingly fuffer any fuch Conventicle, Meeting or unlawful Affembly aforelaid, to be held in his or her of fuch as iafrer •Hoiife, Out-houfe, Barn, Yard or Backfide, and be convifted thereof in Manner aforefaid, fliall forfeit the Conventicles ia Sum of twenty Pounds, to be levied in Manner aforefaid upon his or her Goods and Chattels; or in Cafe 'l''«if Koufes. of his or her Poverty or Inhabijity as aforefaid, upon the Goods and Chattels of fuch Perfons who fliall be convi£?:ed in Manner aforefaid of being prefent at the fame Conventicle ; and the Money fo levied to be dif- pofed of in Manner aforefaid. V. Provided always, and be it enafted by the Authority aforefaid. That no Perfon Ihall by any Claufe Provifo. of this Acf be liable to pay above ten Pounds for any one Meeting, in regard of the Poverty of any other Perfon or Perfons. VI. Provided alfo, and be it further enafted, That in all Cafes of this A£i:, where the Penalty or Sum ^ neaismavfc •charged upon any Offender exceeds the Sum of ten Shillings, and fuch Offender fliall find himfelf aggriev- and lowh™ ^' -ed, it fhall and may be lawful for him within one Week after the faid Penalty or Money charged fliall be and in what ' paid or levied, to appeal in Writing from the Perfon or Perfons convicting, to the Judgment of the Juftices Cafes. of the Peace in their next Quarter-Seflions ; (2) to whom the Juftice or Juftices of the Peace, Chief Mar •giftrate or Alderman, that firft conviSed fuch Offender, fhall return the iVIoney levied upon the Appellant, and fhrdl certify under his and their Hands and Seals the Evidence upon which the Conviition paft, with the whole Record thereof and the faid Appeal : ^3) Whereupon fuch Offender may plead and make Defence, and have his Trial by a Jury thereupon : (4) And in Cafe fuch Appellant fhall not profccute with Effeift, ■or if upon fuch Trial he fliall not be acquitted or Judgment pafs not for him upon bis faid Appeal, the faid Juftices at the Seffions fhall give treble Cofts againft fuch Offender for his unjuft Appeal : (cj And no other Court whatfoever ihall intermeddle with any Caufe or Caufes of Appeal upon this A(St, but they fliall be finally determined in the Quarter-Seffions only. VII. Provided always, and be it further enafted. That upon the Delivery of fuch Appeal as aforefaid. Appellant fb en^ the Perfon or Perfons Appellant fliall enter before the Perfon or Perfons convi£ting, into a Recognizance, ter into a Rs. to profecute the faid Appeal with Effect : (2) Which faid Recognizance the Perfon or Perfons convitting c'^gmzance. 'is hereby impowered to take, and required to certify the fame to the next Qijarter-Seffions : (3 J And in Cafe no i'uch Recogni'zance be entred into, the faid Appeal to be null and void. VIII. Provided always. That every fuch Appeal fliall be left with the Perfon or Perfons fo conviiting as aforefaid, at the Time of the making thereof. IX. And be it further enadted by the Authority afoi'efaid. That the Juftice, Juftices of the Peace and fufrifes of Peace'' Chief Magiftrate refpedtiveiy, or the refpective Conftables, Headboroughs and 'I'ithingmen, by Warrant "conflable'f/&.-' from the faid Juftice, Juftices or Chief Magiftrate refpeilively, fliall and may with v/hat Aid, Force and ufon llefufal, Affiftance they lliall think fit, for the better Execution of this A61:, after Refufal or Denial to enter, break "':'>■ *"■"'- ''P^'* open, and enter into any Houfe or other Place, where they fnall be inforrned any fuch Conventicle as afore-j- °°''"' faid is or fliaJl be held, as well within Liberties as without j, (2) and take into their Cuftody the Perfons T t 2 there