Page:Ruffhead - The Statutes at Large - vol 5.djvu/274

 '234 C. 26. Anno quinto Georgii Regis. A. D. 1718. without Bail till form or fubmit to anfwer, and be examined, as aforefaid ; and if it (hall appear upon fuch Examination they conform, cr by the Oaths of any two or more credible Witneffes, (which Oaths fuch Juftices are hereby impowered Perfons having and required to adminfter} that fuch Perfon or Perfons have or hath in his, her, or their Cuftody or Poffef- ahove6ooib. of^ on? at an y one Pl ace within the Limits aforefaid, more than fix hundred Pounds of Gunpowder as withmThe r faid aforefaid, fuch Juftices fhall forthwith caufe all and every the Perfons aforefaid carefully to remove' the Limits, the Ju- fame out of the Limits aforefaid ; and if fuch Perfon or Perfons fhall refufe or neglerS't to remove fuch ftices (hall caufe Gunpowder out of the Limits aforefaid, by the Space of twenty-four Hours after Notice of any Order 'i Perfon or Perfons fo offending fhall, for every /ery hundred Pound of Gunpowder, with full n fix Calendar Months next after fuch Notice- for every 1 oolb. inform or fue for the fame, by Action of Debt, Bill, Plaint or Information, in any of his Majefty's to the Informer. Courts of Record at IVejhmnJler, wherein no Effoin, Privilege, Protection, Order of Reftraint, Wager of Law, or more than one Imparlance fhall be granted or allowed. TwoTuftkes HI. And be it further enacted by the Authority aforefaid, That it fhall be lawful for any two or more may iffue War- f n ; s Majefty's Juftices of the Peace, living within the Limits aforefaid, after the firft Day of Auguji "*" tS St e- one thoufand feven hundred and nineteen, from Time to Time, to iffue their Warrant or Warrants for houfe, &c. fearching in the Day-time any Store-houfe, Ware-houfe, or other Place, ,ufed for keeping Gunpowder within the Limits aforefaid, and for that Purpofe to break open any fuch Store-houfe, Ware-houfe, or Cppofing fuch other Place aforefaid, if there fhall be Occafion ; and that every Perfon who fhall oppofe or hinder any Search-forfeits fuch Search ihall, for every fuch Offence, forfeit the Sum of five Pounds to any Perfon or Perfons who 5 ' fhall inform and fue for the fame, within fix Calendar Months next after the Offence committed, in any of his Majefty's Courts of Record at JFeJiminJler, by Action of Debt, Bill, Plaint or Information, where- in no Effoin, Privilege, Protection, Order of Reftraint, Wager of Law, or more than one Imparlance fhall be granted or allowed ; and in cafe more than fix hundred Pounds of Gunpowder, as aforefaid, fhall eoor^be " upon Search, be found in any Store-houfe, Ware-houfe, or other Place aforefaid, fuch Juftices fhall found in any forthwith caufe the fame to be carefully removed out of the Limits aforefaid, at the Charge of the Owner Store-houfe, or Owners of fuch Gunpowder, or other Perfon or Perfons having the Cuftody or keeping thereof, to be the juftices levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hands and Seals ""b ""^ved °t *" uc h Juftices, rendring the Overplus to the Owner. at the Expence of the Owner. After the faid IV. And for preventing the dangerous Carriages of Gunpowder in and through the Streets of London Aug 1, above an d IVejlminfier^ and the Suburbs thereof; Be it enacted by the Authority aforefaid, That from and after a °v°'er (hall not ^ a '^ " r ^ "^ a y °^ ^"S'ifl one thoufand fevtn hundred and nineteen, It fhall not be lawful for any Per^- becarrk-d at a ° f° n or Perfons to cany or convey, in or through any of the Streets or Lanes within the Cities of London Time in the and JVeJhninffer, or either of them, or within the Suburbs thereof, more than twenty hundred Pounds of Streets-of.Lcn- Gunpowder, each hundred containing five Score Pounds net Weight, at a Time ; and that all Gunpow- don, &c. j er which fhall be carried or conveyed in any Carts or Carriages in or through any of the Streets or Lanes And fhall be in aforefaid, after the Time aforefaid, fhall be carried in covered Carts or Carriages, and the Barrels in covered Carts, w hich fuch Gunpowder is carried fhall be clofe jointed and hooped, and fhall be put into Bags or Cafes- »™ioi,. of Leather or Canvas ; and Gunpowder carried by Man or Horfe fhall be put into Cafes of Leather or s ; and Gunpowder carried by Man or Hor covered therewith, fo as that no fuch Gun] put into Bags, Canvas, and entirely covered therewith, fo as that' no fuch Gunpowder be fpilt or fcattered in the Paf- &c fage thereof; and if at any Time after the faid firft Day of Auguji one thoufand feven hundred and nine- It; carried by teen, any Gunpowder fhall be carried or conveyed by any Perfon or Perfons, in or through any of the Man or Horfe, Streets or Lanes aforefaid, in any greater Quantity, or in any ether manner, than as aforefaid, all fuch Gun- ftall be put into powder fhall be forfeited, and fhall and may be ieifed by any Perfon or Perfons to his or their own Ufe Caies of Lea- anc j Benefit, the Perfon or Perfons fo offending being thereof lawfully convicted before two Juftices of the " er ' c " Peace. Gunpowder carried otherwife fhall be forfeited, and may be feized by any Perfon to his own Ufe. Not to extend to V. Provided always, That this Act, or any Thing herein contained, fhall not extend or be conftrued theKing's Store- 10 extend in any wife to affect any Store-houfe or Magazine belonging to his Majefty, his Heirs or Suc- houies, &c. ceffors, wherein Gunpowder or other Stores fhall be kept for the Ufe of the Publick, or to hinder the proving or trying Gunpowder by his Majefty's Officers, as is ufual, for the Service of his Majefty, his Heirs or Succeffors, or to the carrying of Gunpowder to or from any of his Majefty's Magazines, or with Forces in their Marches. Perfons fued VI. And be it further enacted by the Authority aforefaid, That if any Suit or Action fhall be corn- may plead the menced or profecuted againft any Perfon or Perfons for any Thing done in purfuance of this prefent Act, general iffue, in every fuch Cafe fuch Perfon or Perfons fhall and may plead the General Iffue, and give this Act and the &c - Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance or by the Authority of the faid Act ; and if a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall become nonfuit, or difcontinue his, her or their Suit or Action, after Iffue joined, or if upon Demurrer or otherwife, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defen- and fhall recover dant or Defendants fhall and may recover treble Colts, and fhall have the like Remedy for the fame, as taqbjte Colts. any Defendant or Defendants hath or have in other Cafes by Law. VII.