Page:Ruffhead - The Statutes at Large - vol 3.djvu/448

 4-00 i6 R.s, c. 5, Peifois recei- ving Earneft uptn Contracts to be tranfporc- ed, excepted. Perfnns ronvlft- ed ot" Felony, and prny'mg TranCportation, e>icepicd. Imprironrnents before the firft of June 1679. excepted, OfTendcrs may be fent to be tried where their Ofl-'ences were comrnitied, Prorecutions for Offences withifi ■what Time to be made* After the Afiizes pioclaimcd, no Prifoner to be n^movcd, but before the Judge of Allize. In Suits for Oifence againft this Law, the Defendants may plead' the Gene- ral IHue, &c. C. 3. Anno tricefimo prime Caroli II. A. D. 1679. Peifons com- niitted as Ac- edia ries before to Petty Trea- fon orTelony, ftill not be re- mo^'ed or bailed otherwife than bsfore this Ait jnade. rltories or Dominions th3reunto belonging ; {'o) and fliall incur and fuftain the Pains, Penalties and For- . feitures limited, ordained and provided in and by the Statute of Provifion and Prajnunii e made in the fix- teenth Year of King Richard tha Second ; (9) and be incapable of any Pardon from the King, his Heirs or Succefibrs, of the faid forfeitures, Loilbs. or Difabilities, or any of them. Xin. Provided always, That nothing in this A£l fhall extend to give Benefit to any Perfon v/ho fliall by Contraft in Writing agree with any Merchant or Owner of any Plantation, or other Perfon whatfoever, to be tranfported to any Parts beyond the Seas, and receive Earneil: upon fuch Agreement, although that afterwards fuch Perfon fhall renounce fuch Contraft. XIV. Provided aiv/ays, and be it enabled. That if any Perfon or Perfons lawfully conviiled of any Fe- lony, fliall in open Court pray to be tranfported beyond the Seas, an.d the Court fliall think fit to leave him or them in Prifon for that Purpofe, fuch Perfon or Perfons may be tranfported into any Parts beyond the Seas; this A61:, or any Thing therein contained to the contrary noiwithftanding. XV. Provided aUo, and be it enacled, That nothing herein contained fliall be deemed, conftrued or taken, to extend to the Imprifonment of any Perfon before the firll Day of June one thoufand fix hundred feventy and nine, or to any Thing advifed, procured, or otherwife done, relating to fuch Imprifonmentj any thing herein contained to the contrary notwithflanding. XVI. Provided alfo, That if any Perfon or Perfons at any Time refiant in this Realm, fliall have com- mitted any Capital OfFence in Scotland or Ireland, or any of the Iflands, or Foreign Plantations of the King, his Heirs or SuccelTors, where he or ftie ought to be tried for fuch OiFence, fuch Perfon or Perfons may be fent to fuch Place, there to receive fuch Trial, in fuch Manner as the fame might have been ufed before the making of this Aft ; any Thing herein contained to the contrary- notwithftanding. XVII. Provided alfo, and be it enafted, That no Perfon or Perfons fliall be fued, impleaded, molefted ■ or troubled for any Offence againft this Aft, unlefs the Party offending be fued or impleaded for the fame within two Years at the moft after fuch Time wherein the-OfFence fliall be committed, in Cafe the Party grieved fliall not be then in Prifon; and if he fliall be' in Prifon, then within the Space of two Years after the Deceafe of the Perfon imprilbned, or his or her Delivery out of Prifon, which fliall firfl; happen. XVIII. And to the Intent no Perfon may avoid his Trial at the Afiizes or General Gaol-delivery,, by procuring his Removal before the Affizes, at fuch Time as he cannot be brought back to receive his Trial there; (2) Be it enafted. That after the Afiizes proclaimed for that County where the Prifoner is detained, no Perfon fliall be removed from the Common Gaol upon ^.n-^ Habeas Corpus granted in Purfuance of this Aft, but upon any fuch Habeas Corpus fliall be brought before the Judge of Affize in open Court, who is thereupon to do what to Juftice fliall appertain. XIX. Provided neverthelefs. That after the Affizes are ended, any Perfon or Perfons detained, may have his or her Habeas Corpus according to the Dire6Vion and Intention of this Aft. XX. And be it alfo enafted by the Authority aforefaid. That if any Information, Suit or Aftion fliall be brought or exhibited againft any Perfon or Perfons for any Offence committed or to be committed againft the Form of this Law, it fhall be lawful for fuch Defendants to plead the General Iffue, that they are Not Guilty, or that they owe nothing, and to give fuch fpecial Matter in Evidence to the Jury that fliall try the fame, which Matter being pleaded had been good and fufHcient Matter Law to have difcharged the faid Defendant or Defendants againft the faid Information, Suit or Aftion, and the faid Matter fliall be then as available to him or them, to all Intents and Purpofes, as if he or they had fufficiently pleaded, fet forth or alledged the fame Matter in Bar or Difcharge of fuch Information, Suit or Aftion. ' XXI. And becaufe many Times Perfons charged with Petty Treafon or Felony, or as Acceffaries there-! ' unto, are committed upon Sufpicion only, whereupon they are bailable, or not, according as the Circum-' ' ftances making out that Sufpicion are more or lefs weighty, which are beft known to the Juftices of. ' Peace that committed the Perfons, and have the Examinations before them, or to other Juftices of the Peace ' in the County ;' (2) Be it therefore enafted. That where any Perfon fliall appear to be committed by any. Judge or Juftice of the Peace, and charged as Acceffary before the Faft, to any Petty Treafon or Felony, or upon Sufpicion thereof, or with Sufpicion of Petty Treafon or Felony, which Petty Treafon or Felony, fl_iall be plainly and fpecially exprefled in the Warrant of Commitment, that fuch Perfon fliall not be re- moved or bailed by Virtue of this Aft, or in any other Manner than they might have been before the Ma- king of this Aft. CAP. III. An Aft for Reingroffmg of the Records of Fines burnt or loft in the late Fire in the Temple. The Cvro- ■ grapher fliall certify the Notes of Fines loft or burnt. A Copy of fuch Certificate to be fet up near the Comm.on Pleas : And at the Affizes or Quarter-Seffions. The Juftices of the Common Pleas may upon Examination direft the Cyrographer to new engrofs the Note and Foot of Fines burnt or loft. And fhall fubfcribe their Names at the bottom thereof. The fame fliall be filed. The Force and Effeft of fuch Fines. The Judges Subfcription to be certified, together with the Note and Foot of fuch Fines. All this to be done without Fee. EXP. Anno