Page:Ruffhead - The Statutes at Large - vol 4.djvu/99

 A. D. 1700, Anno undecimo 6c duodecimo Gulielmi III. C. 16. 53 chief Officer are hereby refpedtively required to provide, and for which their ftamping or marking they fhall not demand or receive above one Farthing for each Meafure ; and in cafe any fuch Mayor, or other chief Officer, as aforefaid, fhall negleift or refufe to perform and execute his Duty herein, according to the tnie Intent and Meaning of this A&:, he (hall forfeit the Sum of five Pounds, to be recovered as aforefaid, and fhall alfo render to the Party thereby grieved his treble Damages, together with Cofts of Suit, to be fued for and recovered in any of his Majefty's Courts of Record, in which Suit there ihall be no Protedicn, Wager of Law, or other Delay, other than one Imparlance. VI. And be it further enadted by the Authority aforefaid. That all Penalties and Forfeitures by this Aft How Forfeitures impofed or inflifted fliall be divided, one half Part thereof to the Ufe of the Poor of the Parifti where^ fuch liall be divided. Forfeiture fhall be made or committed, and the other Part to him or them that fliall profecute or fue for the fame, to be recovered by the Oath of one Or more credible Witnefs, made before one or more Juftice or Ju- ftices of the Peace of the County, City, or Place, where fuch OfFence fliall be committed, who are hereby required and impowered to adminifter an Oath to that Purpofe, fuch Perfon being profecuted for fuch Of- fence within thirty Days next after fuch OfFence committed ; and the faid Juftice or Juftices are hereby refpeiStively authorized to hear and determine the fame, and to caufe the Penalty to be levied (by Warrant under his or their Hands and Seals) upon the Goods and Chattels of the Offender, rendring to the Party the Overplus, if any fhall be, deducing thereout the reafonable Charges. , Yir. Provided alv/ays, and be it further enacted by the Authority aforefaid, That nothing in this Act f^^ "°' 'i° '"" contained fhall extend or be conflrued to extend to fubjeft any Perfon or Peribns to the Penalties in this ■'p^^"^^^'"' ^° Aft contained, or any of them, fo as all fuch Beer or Ale as fhall be retailed, uttered, or fold by fuch unnt fold out Perfon or Perfons, to be fpent out of the Houfe of fuch Perfon or Perfons, be meafured out by the of their Houfes, Standard, according to the true Intent and Meaning of this Aft, although fuch Drink be carried away in fo it be meafuted any other Veilel, or of any ether Qt^iantity or Qiiality than the Ale Quart before mentioned. by the Standard. . VIII. Provided always, and be it further enafted by the Authority aforefaid. That if any Aftion or .-Aftion tobelaid Suit fhall be brought and profecuted by any Perfon or Perfons againft any Juftice of the Peace, or other '"^ pJJ".'^ Perfon or Perfons imployed by them, or any of them, in the Execution of this Aft, for i ny Matter, Caufe, or Thing by them, or either of the.T., done, committed, or executed, by Virtue or Reafon of this Aft, or any Claufe or Article therein contained, that then, and in every fuch Cafe, the Aftion fhall be laid in the proper County where the Faft was done and committed, and not elfewhere ; and the De- fendant and Defendants may plead the General IfTue, and give this A.6t and the fpecial Matter in Evidence General Iffue, at the Trial, that the fame was done in Purfuance and by Authority of this Aft; and if upon fuch Aftion or Aftions Verdift be given for the Defendant or Defendants, or the Plaintiff become nonfuit, or difcon- tinue his Aftion, then the Defendant or Defendants fhall have treble Cofts, which he- or they fhall Treble Cofls, fuftain, or be put unto, by reafon of his or their wrongful Vexation in Defence of the faid Aftion or Suit. " . •IX. And be it further enafted by the Authority aforefaid, That the Juftices of the Peace within the Juftices at the feveral Counties and Cities of this Kingdom are hereby required, at their refpeftive General Quarter- ^f'''°"l^°. 8'" Sefiions, to give the Matters contained in this Aft in Charge to the Grand Juries of the refpeftive Coun- charge^ '" ties and Cities within this Kingdom. X. Provided, and it is hereby declared and enafted. That nothing in this Aft contained fhall extend Aft not to ex- or be conftrued to extend to any Colleges or Halls in either of the Univerfities of this Kingdom ; any """^ '" Colleges, Thing in this A6t contained to the contrary in any wife notwithftanding. , *"^' CAP. XVI. An A(5t for the better afcertaining the Tithes of Hemp and Flax. HERE AS an Aft made in the third Year of the Reign of his Majefty and the late Qiteen, in- 27 H. 8. c. lo. tituled, jifi Aot for the better afcertaining the Tithes of Hemp and Flax, was made to continue but sW. & M. c. 3, " for feven Years, and to the End of the next Sefiion of Parliament after fuch Term ended, and is now ' expired : And whereas the faid Aft hath by Experience been found very ufeful and neceflary ;' Be it therefore enafted by the King's moft excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Autho- rity of the fame. That from and after the five and twentieth Day oi March which fliall be in the Year of our Lord one thoufand feven hundred, all and every Perfon or Perfons, who fhall fow or caufe to be fown any Hemp or Flai m any Parifli or Place in the Kingdom of England, Dominion of TFales, and Town of Ground fown Berwick upon Tiveed, fnall pay or caufe to be paid to every Parfon, Vicar, or impropriator of any fuch with Flax or Parifh or Place, yearly and every Year, the Sum of five Shillings, and no more, for each Acre of Hemp Hemp, to pay and Flax fo fov/n, before the fame be carried off the Ground, and fo proportionably for more or ]efs 5 ^-P"^"*- Ground fo fown; for the Recovery of which Sum or Suriis of Money, the Parfon, Vicar, or Impropria- tor, (hall have the common and ufual Remedy allowed of by the Laws of the Land. li. Provided, That this Aft, or any Thing therein contained, fliall not extend to charge any Lands Lands difcharged difcharged by any Modus Dechnandi, ancient Compofition, or otherwife difchargtd of Tithes by Law. by Modus Deci- III, Provided always, That nothing herein contained fliall extend, or be conftrued to extend to make '^''"j' ,"°' " *"" any Alteration in the Right or Manner of Payment of Tithes of Flax and Hemp to any Ecclefiaftical Per- ^ot'to' alter fon, Incumbent of any Parfonage,- Vicarage, or Curacy, or to any Impropriator or Body Corporate, ha_ pa°ymentV Tithes for Ciound-fown witbHenip or Tlax between s Feb, 16S4. and 2 Feb, 1631, ■ ving