Page:Ruffhead - The Statutes at Large - vol 3.djvu/636

 Piiniftment of Perfon remov- ing or altering the Mark. Fariler Provi- fions nlat'ing hereto, Ch. iS. ^ (S loW. 3. c, 13. 10 ^ II W. 3. c. 21. fee. 28. S ^nn. f. 4. 9 v4«n, c. 6, ij 6f zS. II ^< 580 C. II. Anno iexto & Teptimo GuLiELMi III. A. D. 1695. fue for the fame in any of His Majcfty's Courts of Record, by Bill, Plaint or Information, wherein noEf- foin, Proteftion, Imparlance or Wager of Law fliall be allowed} any Statute, Law or Ufage to the con- trary notwithftanding. VII. And be it further enabled by the Authority aforefaid. That in cafe after the admeafuring, marking and nailing of any Keel, Boat, Wain or Cart, the Mark fhall be removed or altered, whereby to fruftrate the Intent and' Meaning of this A£t, that every Perfon and Perfons, that fhall have a Hand in or be privy to the doing thereof, and (hall upon Proof thereof, by one or more credible Witneffes, before any one or more Juftice or Juftices of the Peace of the Counties where the faid Offence {hall happen to be committed, and convifted thereof, fuch Perfon or Perfons fo as aforefaid convided, {hall forfeit the Sum of ten Pounds, to be levied upon his or their Goods and Chattels by Diftrefs and Sale thereof, by Warrant under the Hand and Seal of the faid Juftice or Ju{lices, rendring the Overplus, if any, to the Party or Parties diftrained upon ; and for want of fufficient Di{lrefs, the Parties fo offending fhall, by like Warrant, be committed to the Common Gaol of the faid County where the Offence fhall be committed, there to remain for the Space of three Months without Bail or Mainprize; one Half Part of the faid Forfeiture to His Majefly, His Heirs and SuccefTors, and the other Half Part thereof to fuch Perfon or Perfons as fhall make fuch Difco- very ; and alfo that after any fuch Offence as aforefaid committed, by altering or removing any of the Marks or Nails that fhall be fet upon any fuch Keels, Boats, Wains or Carts, by Virtue of this A£l, That fromj! thenceforth, and fo often as any fuch Offence fhall be committed as aforefaid, the faid CommifEoners, ofi? jtaLi. c. gfefiy. any three of them, or fuch Perfon or Perfons as {hall be by them appointed, fhall have Authority, and are l^eo. I. c. 9. hereby authorized and impowered to admeafure, mark and nail the faid Keels, Boats, Wains and Carts 4 G«i ». c. 30, 10 Gm. 2. f. 32. liGeo.z.d.i^. 13 Geo. 2. c. 21. 14 Geo. 2. c. 41. 17 Geo. 2. c. 35. 19 Geo. 2. f. 35. 22 Geo. 2. c. 37. 23 C( 3. (• a6i 30 Geo, a. c, Ig. 31 Geo. i. e. 15. 32 Geo. 2. c. 27. and 33 Gca. 2, c. 15. C A P. XL An AGc for the more efFe£lual fuppreffing Profane Curfing and Swearing. .i- ' W Year of the Reign of King James the P'irfl, intituled. An AEl to prevent and reform profnne ' Swearing and Curjing, hath proved inefFecStual to the fuppreffing of thofe deteflable Sins, by Reafon of with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- ment afTembled, and by the Authority of the fame. That if any Perfon or Perfons fhall (after the four and-; twentieth Day of yune in the Year of our Lord one thoufand fix hundred ninety-five) profanely fwearorj' curfe in the Prefence or Hearino; of any Juflice of Peace of the County, Riding or Divifion, or of the' Mayor or other Head Officer, or Juffice of Peace for any City or Town Corporate, where fuch Offence is _ or fhall be committed, or that {hall be thereof convidled by Oath of one Witnefs, or by the ConfeiTion of* the Party offending, before any Juftice of Peace of the County, or Mayor, or Bailiff, or other Chief Of- ficer or Juftice of the Peace of fuch City or Town Corporate, where the faid Offence fhall be committed ; that then, for every fuch Offence, the Party fo offending fhall forfeit and pay to the UfeTif the Poor of the Parifh where fuch Offence or Offences {hall be committed, the refpeftive Sums herefn after mentioned (that is to fay) Every Servant, Day Labourer, common Soldier, and common Seaman, one Shilling, and every other Perfon, two ShilHngs ; and in cafe any of the Perfons aforefaid {hall after Convicftion offend a Second Time, fuch Perfon {hall forfeit and pay double i and if a third Time, Treble the Sum refpe£tively by him or her to be paid for the firft Offence. II. And it is hereby further enafted. That upon Negledl or Refufal of Payment of the faid Forfeiture, any Juftice of Peace of the County, Riding or Divifion, or Mayor or other Head Officer, or Juftice of Peace of any City or Town Corporate, where the faid Offences fhall be committed, fhall and are hereby authorized and required to diredt and fend his Warrant to the Conftable, Tythingman, Churchwarden or Overfeer of the Poor of the Parifli where the Offence fhall be committed, or where the Offender fhall in- habit,, thereby commanding them, or fome one or more of them, to levy, by Diftrefs and Sale of the ..(^feo'ds of the Offender, the Sum fo forfeited, for the Ufe of the Poor of the Pari{h, as aforefaid; and in cafe no fuch Diftrefs can be had, then every fuch Offender, being above the Age of fixteen Years, fhall, bpWarrant under the Hand and Seal of the faid Juftice of Peace, or other Officer as aforefaid, be pub- lii?kly fet in the Stocks for the Space of one Hour for every fingle Offence, and for any Number of Of- ferCces whereof he {hall be convicSted at one and the fame Time, then two Hours; and if the Party of- fending be under the Age of fixteen Years, and {hall not forthwith pay the faid Forfeitures, then he or {he . ihall, by Warrant as aforefaid, be whipped by the Conftable, or by the Parent, Guardian or Mafter of fuch Offender, in the Prefence of the Conftable. III. And be it further enadted. That if any Juftice of the Peace, or Chief Magiftrate, fhall wilfully and, wittingly omit the Performance of his Duty in the Execution of this Aft, he {hall forfeit the Sum of five Pounds; the one Moiety to the Ufe of the Informer, to be recovered by Adtion, Suit, Bill or Plaint, ia any of His Majefty's Courts at TFcflminJler, wherein no Effoin, Protection or Wager of Law {hall be allow- ed, nor any more than one Imparlance. IV. And it is hereby further ena£ied. That if any Adtion or Suit {hall be commenced or brought againft any Juftice of Peace, Conftable or other Officer or Perfon whatlbever, for doing or caufing to be done any Thing in Purfuance of this Adt, concerning the ("aid Offences, the Defendant in fuch Adlion may plead the General Iffue, and give the Special Matter in Evidence i and if upon fuch Action Verdidt be given for the il ai Jac. I. c. 20. i9Geo.2.c, 21. The Forfeitures of feveral De- grees of Perfons for Swearing. Mod. Cafes in Law 58, 366, ' To be levied by Diftrefs, If no Diftrefs, Offender to be put in the fiTocks. < 1, Penalty up- on f'lnice of fV;ice not exe- i.uiing the A3. Officer fued for ticcuting this AA may plead Ceneral Iflue,
 * Ge' a'f' 16.' ^"^W' according to the Direitions hereby before given.
 * "fT THERE AS it is found by Experience, That an Act of Parliament made in the one and twentieth
 * fome Deficiencies in the faid A61;' Be it therefore enafted by the King's mofl Excellent Majefly, by and