Page:Ruffhead - The Statutes at Large - vol 3.djvu/768

 712 C. 27. Anno iiono & decimo GuLiELMi III. A. D. 1698. -her fo to travel or trr: Jc, by the faid Commiflloners to be appointed purfuant to this AQ, or any two or more lof them. Penalty on -lif. Aodbe.it further ert:£led, That if any fuch Hawker, Pedlar, or Petty Chapman, from and after .Kawktrs, f.;c. .fchc faid' four and twentieth of j''«?ii' one ■ thouflind fix hundred ninety-eight, be found trading as aforeCaid, trading without vifithout or contrary to fuch Liceiipe, fuch Perfon fliall, for each and every fuch Offence, forfeit the Sum itencc, ^^ twelve Pounds, the one Moiety thereof to the Informer, and the other JMoiety thereof to the Poor of the. Parifh wherein fuch Offender ihall be difcovered ; and that if any Perfon fo trading, upon demand made by any Juflice of the Peace, Mayor, Conftable, or other Officer of the Peace of any Town Corporate or orrefufingto Bcirough, where he or Ihe fnall fo trade, fhall reful'e to produce and fhew unto fuch Juftice of Peace, produce the Mayor, Conftable, or other Officer of the Peace, his or her Licence for fo trading, to be grantedas afore- ^'"°' faid, thq,t then the Perfon fo refuhng (hall forfeit five Pounds to be paid to the Churchwardens of the Pa- ri fli where fuch Demand fhall be made, to the Ufe of the Poor of the fame, and for Nonpayment thereof, . fliall fufFer as a common Vagrant, and be committed to the Houfe of Correftion. Commimoneis ., IV. And be it enai?ced by the Authority aforefaid, That it fhall and may be lawful for the faid Com- to fign Licences mifiioners to be appointed purfuant. to this Aft, or any two or more of them, and they are hereby directed, ' ' '^' appointed, and required, upon the Terms aforefaid, and upon the Receipt and Security given, as afore- faid, to grant a Licence, to be by tliem fubfcribed, to every Hawker, Pedlar, Petty Chapman, or any other trading Perfon, for him or herfelf, or for him or herfelf with one or more Horfes, Affes, or Mules, Fees for Li- ^'" Other Beaft, which he or fhe fliall travel with, as the Cafe' fhall require, for which Licence there fliall cences. be taken only one Shilling, unlefs fuch Hawker, Pedlar, or Petty Chapman, fliall travel with Horfe, Afs, or Mule, or other Beaft of Burden, and in that Cafe there fliall be paid for fuch Licence only two Shil- A diftina Ac- ■ lings, over and above the Duties aforefaid, and no more ; and that the faid Commiffioners to be- appointed count to be kept piu-fuant to this Ail, fliall keep a feparate and diftinct Account of the Duties granted by this A£l-, and pay oftheDutie!, (-he Money arifing thereby into His Majefty's Exchecjuer, upon JVedjuJday in every Week, unlefs a Holiday, into^heExdie- ''^'""^ '*'" ^^ '^° a Holiday, then on the Day next after that i not a Holiday; and upon Negieft or Refufa] of quer. " ti^e fame, fliall incur the Penalties, Forfeitures, Damages, and Cofts, as other the Officers of the Exche- PenaltyonOf- quer herein after mentioned fliall be liable unto; which Money, fo paid in, fliall be applied to the Ules ficer negiefting. herein after mentioned by this Aft; that is to fay, to pay Intereft for the faid Tranfport Debt, after Monies how to the Rate of live Pounds />«- C^«^kw for one whole Year, and fo proportionably for any greater or lefler e app .e . Sum. ; ■ • Penalty on Per- V. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons whatfoever fliall fon forging or forge or counterfeit any Licence or Licences, or travel with fuch forged or counterfeited Licences, for the LkMce '"° Purpofes aforefaid, fuch Perfon fliall forfeit the Sum of fifty Pounds ; one Moiety thereof to the King, the other Moiety to him that fliall profecute or fue for the fame, to be recovered by Aftion of Debt, Bill, Plaint, or Information, in any of His Majefty's Courts of Record at Wejiminjh'r, in which.no Effoin, Pro- teftion. Wager of Law, or more than one Imparlance, fhall be allov/ed, and fliall be fubjeft to fuch other Pains and Penalties as may be inflifted on Perfons for Forgery. Perfons fued may VI. And be it further enafted by the Authority aforefaid, That if any Perfon or Perfons fliall be fued, plead the Gene- niolefted, or troubled, for putting in Execution any the Powers contained in this Aft, or for doing any ra II ue, &c. Matter or Thing purfuant thereunto, fuch Perfon or Perfons fliall and may plead the General Ifiue, Not Guilty, and give the fpeciai Matter in Evidence; and if the Plaintiff or Plaintiffs fliall be nonfuited, or Judgment be given againft him or thern upon Demurrer, or a Verdift pafs for the Defendant, fucli Defen- •freble Cofts. dant. fliall have his or their treble Cofts, to be recovered in fuch Manner as where by Law Cofts are given to Defendants. PeinifyonCoii- VII. And be it further enafted by the Authority aforefaid, That if any Conftable, Headborough or ftable, &c. refu- other Officer or Officers aforefaid, fliall refufe or negleft, upon due Notice, or on their own View, to be tlie°'E°eoitio'n ^'^ing and affifting in the Execution of this Aft, being thereunto required, and each and every fuch Officer oftbisAiS. or Officers being thereof convifted by the Oath of one or more credible Witnefs or Witneffes, before any jufl-ice of the Peace for the County or Place where fuch Offence fliall be committed, fliall forfeit for each and every fuch Offence, contrary to this Aft, the Sum of forty Shillings, to be levied by Diftrefs and Sale of the Offenders Goods, by Warrant under the Hand and Seal of fuch juftice of the Peace; the one Moiety to the Poor of the Parifn where fuch Offence fliall be committed, the other Moiety to the Informer who fliall profecute for the fame, rendring the Overplus thereof to the Ov/ner, if any be. Hawker, &c, VIII. And it is further enafted by the Authority aforefaid, That it fliall and may be lawful for any Per- may be detained fon or Perfons whatfoever, to feize and detain any fuch Hawlcer, Pedlar, Petty Chapman, or other trading till he produce Perfon or Pcrfons, as aforefaid, till fuch Time as he, flie, or they fliall produce a Licence in that Behalf, Licence, and if jf YiQ, fhe, or they have any, or if he, flie, or they fliall be found trading without a Licence, contrary to LicenceVTuffice' ^"^'"'^ A'^' ^^^ '"ch reafonable Time as he, fne, or they may give Notice to the Conftable, Headborough, tocaufe'thcPe- Tythiiigmen, Churchwardens, Overfeers of the Poor, or fome other Parifli Officer or Officers, who are nalty to be levied hereby required to carry fuch Perfon fo feized before fome of His Majefty's Juftices of the Peace of the by Diftrefs and County or. Place where fuch Offence or Offences fhall be committed; M'hich iajd Jaftice of the Peace is Sale ot Goods, fjersby authorized and ftriftly required, either upon Confeffion of the Party offending, or due Proof by '^' Vv''itnefs upon Oath (which he is hereby impowered to adminifter) that the Perfon fo brought before him had fo traded as aforefiid, and that no fuch Licence fhall be produced by fuch Ofi-ender before the faid Juftice, by Warrant under his Hand and Seal, to caufe the faid Sum of twelve Pounds to be forthwith levied by Diftrefs and Sale of the Offender or Offenders Goods, Wares, or Merchandizes, rendring the Overplus, if any be, to the Owner or Owners thereof, after true Deduftion of the reafonable Charge for taking the faid Diftrefs, and out of the faid Sale to pay the faid refpeftive Penalties and Forfeitures aforefaid, 3 . . IX. Provided