Page:Ruffhead - The Statutes at Large - vol 5.djvu/241

 A. D. 1718. Anno quinto Georgii Regis. C. 13. 201 with more than three Horfes, every fich Owner or Driver of any fuch Waggon, being fo bound with Tire of lefa Tire or Streaks of a lefs Breadth than two Inches anfl a Half, when worn, or if of a greater Breadth, fuch Breadth, when Tire or Streak fhall be fattened on with rofe-headed Nails, fhall forfeit and lofe all fuch Horfes above thgj"™' lhan '*» Number of three, with all Geers, Bridles, Halters and Accoutrements, to be feifed, diftrained and appli- 'rfce on"with ed, in the fame Manner, and to and for the fame Ufes, as the other Forfeitures and Penalties in this Aft rofe-headed' are applied to and difpofed of. NjHj, (Jul! go with more than three Horfes, on Forfeiture as above. IV. And be it further enacted by ihe Authority aforefaid, That if any Perfon or Pcrfons fhall or do hin- perrons bindrr- di r, or with Force, or otherwife, attempt or endeavour to hinder or obftruct the feizing, diftraining, ta- '"?» &c - fadl king or carrying away of any Seizure or Diftrefs, or Matter or Thing feized or diftrained for any the Pe- ft^u,^ imp'ii- nalties or Forfeitures incurred, or to be incurred or forfeited by virtue of this Act, or fhall refcue the fa-ne, foned for three - or fhall ufe any Violence to the Perfon or Perfons concerned in making fuch Seizure or Diftrefs, each and Months, whU- every fuch Perfon or Perfons fhall, upon due Proof made upon Oath, by one or more credible Witnefs or outEal) > Witncffes, before one or more Juftiee or Jufticcs of the Peace for the County wherein fuch Offence is done, be committed by fuch Juftiee or Juftices to the common Gaol for the faid County for three Months, there to remain without Bail or Mainprize ; and fhall alfo lofe and forfeit for every fuch Offence the Sum of ten Pounds, to be levied and recovered by Diftrefs and Sale of the Offender's Goods and Chattels, by and forfeit 10U virtue of a Warrant under the Hand and Seal of fuch Juftiee and Juftices (who is and are hereby autho- rized and recpiired to grant the fame ;) and in cafe the faid Penalty be not paid within three Days after fuch Diftrefs made, then it fhall and may be lawful to and for the Perfon or Perfons fo diftraining, as aforefaid, to fell the Goods and Chattels fo diftrained, rendring the Overplus to the Owner or Owners, the Charge of fuch diftraining and felling being firft deducted. V. Provided always, That nothing in this Act contained fhall extend, or be confirmed to extend to fuch™'*^ ^" ll Waggons, Wains, Carts or Carriages, as are or fhall be employed in or about Hufbandry, or manuring waggons, &c. of Land, and in the carrying of Cheefe, Butter, Hay, Straw, Corn unthrefhed, Coals, Chalk, or any employed'in one Tree or Piece of Timber, or any one Stone or Block of Marble, Carravans, and the covered Carri- HutbanJry, & c . ages of Noblemen and Gentlemen for their own private Ufe, or fuch Timber, Ammunition or Artillery, See H Geo. 2. as fhall be for the Service of his Majefty, his Heirs and Sticceflbrs. a **"'* ' 5 °' VI. And be it further enacted by the Authority aforefaid, That if any Action or Actions fhall, at any pj rfons ' fue( j m Time or Times hereafter, be profecuted or brought againft any Perfon or Perfons whatfoever, for any plead the general Matter or Thing which he, fhe or they fhall do, or caufe to be done, by virtue or in the Execution of Iffue, &c. this Act, that in fuch Cafe the Defendant or Defendants in every fuch Action or Actions, fhall and may t plead the general Iffue, and give this Act and the fpecial Matter in Evidence on any Trial or Trials to be hereafter had in fuch Action or Actions ; and that if the Plaintiff or Plaintiffs in any fuch Action or Acti- ons fhall dilcontinue fuch Action or Actions, or become nonfuit, or that Judgment fhall be given againft him, her or them in fuch Action or Actions, that then the Defendant or Defendants in every fuch Action or Actions fhall recover his, her or their full Cofts of Suit ; any Law, Cuftom or Ufage, or any Thing An & fl™n recover in this Act contained to the contrary notwithftanding. their full Cofts. Farther Prrivifions concerning Highways, 6 Geo. I. c. 6. 5 Geo. 2. c. 33. (which is made perpetual by 27 Geo. 2. c. 16. ) 7 Geo. 2. c. 9. % Geo. 2. e. 2a. 9 Geo. 2. c. 18. 14 Geo. 2. c. 42,. 15 Geo. 2. c. 2. Jo Geo, 2. c. 29. 21 Geo. 2. c. 28. 24<?fo. 2. c, 43. 2G Geo. 2. c. 28 & 30. 28 Get. 2. c. 17, 30 Geo. 2. c, a8. %i-Gco. I. c. 34. C A P. XIII. An Aft for the Amendment of Writs of Error-, and for the further preventing the arresting or reverting of Judgments after Verdict, "* I. TTTHEREAS great Delay of Juftiee hath of late Years been occafioned by defective Writs of 'Concerning Error, 'by the King's molt txcellent Majefty, by and with the Advice and Content of the Lords Spiritual and-" - *■ '■ lz Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That^ #' z ' £ *" all Writs of Error, wherein there fhall be any Variance from the original Record, or other Defect, may 27.27. c . a. and fhall be amended and made agreeable to fuch Record, by the refpective Courts where fuch Writ or3' El, c. 1. 3. for any Defect or Fault, either in Form or Subftance, in any Bill, Writ original or judicial, or for any amended. ' Variance in fuch Writs from the Declaration or other Proceedings. And after Ver- dift no Judgment (hall be flayed or reverfed for any Defect, in any Eill, Writ, &c. II. Provided neverthelefs, That nothing in this Act contained fhall extend, or'be conftrued to extend, Ko ^ ccxten f.. to any Appeal of Felony or Murder, or to any Procefs upon any Indictment, Prefentment or Information, ^cXm^Lz' t>f or for any Offence or Mifdemeanor whatfoever. 13 car' 2. ft, c.i. 16 Car, 2. c. 2. 16 & 17 Car, 2, r. S. 20 Car, Z, c-, 4, ic £? Ji Tf 3, c. 14. 4 Aim. c, 16, Vol.V, Dd C A P.
 * W Error, which as the Law now Hands are not amendable :' For Remedy thereof, Be it enacted "fir to 3 iEJ. 3.