Page:Ruffhead - The Statutes at Large - vol 3.djvu/732

 676 C. 2 7.' Anno o<^avo & nono Gulielmi III. A. D. 1697. Penalty for re- fcuing a Piifo- ocr. Perfon harbour- ing or conceal- takenby any Tuch Officer or Officers as aforefaid, iipori any fuch Procefs, Execution or Extent, within the Limits of any the before mentioned pretended privileged Places, by any Perfon or Perfons whatfoever, fuch Perfon or Perfons, fo making fuch Refcous, ©raiding, affifting or abetting the fame, and being thereof law- fully convicSed, fhall refpecftively forfeit to the Plaintiff in any fuch Adtion the Sum of five hundred Pounds, to be recovered by A<Slion of Debt, Bill, Plaint or Information, in any of His Majefty's Courts at Wejlmin- Jler, in which Adlion, Bill, Plaint or Information, no Eflbin, Privilege, Prote£tion, Wager of Law, or more than one Imparlance fliall be allowed ; and if after fuch Recovery had againft any Perfon or Perfons for fuch Refcous, or for aiding, affifting or abetting the fame, the Perfon or Perfons againft whom fuch Re- covery fhall be had, fhall refufe or negleil to pay to the Plaintiff' in fuch Aflion, or to his, her or their Executors, Adminiftrators or Affigns, the Sum or Sums recovered, with full Cofts of Suit, within one Month after Judgment figned upon fuch Recovery, and Demand made, that then the Perfon or Perfons fo refufing or neglecSting as aforefaid, upon producing a Copy of the Judgment upon which fuch Recovery fhall be had, and Oath made that the Money recovered is not paid, fhall, by Order of fuch Court wherein the faid Perfon or Perfons was or v/ere fo convifted, of or for any fuch Refcous, or for aiding, affifting or abetting the fame, be tranfported by the SherifF or Sheriffs of the County, City or Place where fuch Con- vi£liori fhall happen to be, to one of His Majefty's Plantations beyond the Seas, there to remain for th& Space of feven Years; and if the Perfon or Perfons fo tranfported, fhall return again to this Kingdom- within the Space of feven Years, he, fhe or they fo returning, fhall be and is hereby adjudged guilty of Fe- lony, and fhall not be allowed the Benefit of Clergy, but fhall fufFer and forfeit as in Cafes of Felony where Clergy is not allowed ; and if any Perfon or Perfons, inhabiting within either or any of the aforefaid pretended privileged Places, {hall receive, conceal or harbour any Perfon or Perfons, whxj fhall have made '"B ■^f "^4'° ^"y Refcous as aforefaid, he, fhe or they fo receiving, concealing or harbouring any fuch Pfcrfon or Perfons, forTvear^'^un- knowing or having had Notice that fuch Perfon or Perfons had been guilty of fuch Offence, being thereof Jefs he pay the convifted by due Courfe of Law, fhall be, by Order of that Court where fuch Conviftion fhall nappen to- Pebt aiid Cofts. be, by the Sheriff or Sheriffs of the County, City or Place where the Offence was committed, tranfported' to fome or one of His Majefty's Plantations beyond the Seas, there to remain for the Space of feven Years,, unlefs fuch Perfon or Perfons fhall, within the Space of one Month next after fuch Convidlion, p^y to ther Plaintiff or Plaintiffs in fuch Aftion or Suit, the full Debt or Duty for which fuch Aftion or Suit was- brought, with full Cofts ; and if he, fhe or they fhall return into this Kingdom within the faid Space of fe- Felony to return ven Years, he, fhe or they fo returning, fhall be and is hereby adjudged guilty of Felony, andfhall not. from Tranfpor- be allowed the Benefit of Clergy, but fhall fuffer and forfeit as in Cafes of Felony, where Clergy is not. allowed. XVI. And be it further enadled, That the feveral Penalties before in and by this Aft inflifted, and not- particularly difpofed of, fhall go one Half to His Majefty, His Heirs and Succeflbrs, and the other HalT to-' him or them that will fue for the fame, to be recovered as aforefaid. XVII. And for the Prevention of Difputes touching this Aft, be it enafted by the Authority aforefaid. That the fame, and every Claufe and Thing therein contained, fhall be deemed, adjudged, and taken to be a general Law, and that it fhall not be needful to fhew or fet forth the fame or any Claufe thereof in Plead- ing, and that the fame, and all Claufes therein, fhall be conftrued moft largely and beneficially for the pre- venting of all the Mifchiefs, Abufes, Efcapes, and other Inconveniencies herein provided againft; and fur- ther, that if any Perfon or Perfons fhall at any Time be fued for putting in Execution any Power or Au- thority given by this Aft, fuch Perfon and Perfons fhall and may plead the General Iffue, and give in Evi- dence this Aft, and the fpecial Matter; and if the Plaintiff or Plaintiffs in fuch Aftion fhall be nonfuit, or a Verdift given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs difcontinue their Ac- tion, or if upon Demurrer Judgment fhall be given for the Defendant or Defendants, every fuch Defendant or Defendants fhall have his or their Double Cofts. XVIII. Saving unto Martha John/on Widow, Thomas John/on, and yohn Johnfon, Sons of the faid Mar- tha, and Frances her Daughter, their Heirs, Executors, Adminiftrators and Affigns, all fuch Right, Title, Eftate, Equity, Intereft and Demand, as fhe or they now have, or fhall or may have, challenge or claim, of, in or unto all or any the Houfes and Shops belonging to the Office of the Warden of the Fleet, or to the Prifon of the Fleet, herein before contained, as fully and effeftually, to all Intents and Purpofes, as fhe or they had before the making of this Aft, as if this Aft had never been had or made. XIX. Provided neverthelefs. That nothing in this Aft contained fhall extend to prejudice, impeach, or leffen any Security or Securities for any Sum or Sums of Money made or given, by or out of the faid Of- fice cf Marfhal of the Marjhalfea of the Court cf King's Bench, or the Profits thereof, by William Lenthall Efquire, to Sir John Cutler Baronet deceafed, or to Edmund Boulter Efquire, Executor of the faid Sir John Cutler, or to any other Perfon or Perfons in truft for them or either of them, or to fubjeft the faid OfHce, or the Profits thereof, or the Perfon or Perfons in whom the fame are or fhall be vefted, to any of the For- feitures or Penalties in this Aft contained, other than fuch as they are or may be liable unto before the ma- king of this Aft, until fuch Sum or Sums of Money, fecured thereby, fhall be fully fatisfied and paid; any thin^in this Aft contained to the contrary thereof notwithftanding. XX. Saving unto Anthony Smith Mariner, His Heirs, Executors, Adminiftrators and Affigns, all fuch Right, Title, Eftate, Equity, Intereft and Demand, as he or they now have, or fhall or may have, chal- lenge or claim, of, in or unto the Office of Warden of the Fleet, or the Prifon of the Fleet, or all or any of the Houfes and Shops belonging to the Office of Warden of the Fleet, or to the Prifon of the Fleet, or herein before contained (by virtue of two JDtcrt^s Chancery, the one of them made the two and twen- tieth Day oijune one thoufand fix hundred eighty-three, and the other of them the fix and twentieth Day •of y^Ki/ary one thoufand fix hundred eighty- five, whereby four hundred twenty-five Pounds, and the In- tereft thereof, was and is decreed to be paidto the faid y/«//j(7;z)/ Smith out of the faid Office, Houfes, Shops and Appurtenances, after a Mortgage made thereof by Thomas Brgmhall unto Hfnry Norwood Efquire was fatisfied} Penalties how to be difpofed of. This Aa to be a general Law: and Perfons fu- ed for executing the fame may plead the Gene- ral Iffue, &C. Defendant to have Double Cofis. Right of Mar- tha Johnfon, &c. faif-ed. This .Aft not to prejudice the Securities made by William Lenthall Efq; to Sir John Cutler, &c. 4 Co. 3i, 82. Kieht of An- thony Smith iiiycd,