Page:Ruffhead - The Statutes at Large - vol 6.djvu/368

 306 C. 26. Anno undecimo Georgii II. A. D. 1738. fenting thereto, fliall be, and lie, fhe or they are hereby declared to be deemed the Retaler or Retalers of fuch Spirituous Liquors, and as fuch he, Ihe or they fliall forfeit and lofe the Sum of one hundred Pounds for every fuch Offence ; fuch Penalty to be recovered and applied in fuch Manner as the one hundred Founds Penalty for each Offence inflicted on any Perfon or Perfons who (hail prefuiwe to offer to fell or retale any of the faid Spirituous Liquors in a lefs Quantity than by the faid Act is directed, with- out taking out a Licence and renewing the fame yearly, as by the faid Act is directed to be recovered and applied. k II. And whereas in open Defiance of the Laws of this. Realm, and to prevent the before-mentioned ' Acts from taking Effect, and to deter Perfons from affifting in putting the faid Laws in Execution, di- 6 vers wicked, lawlefs, turbulent and diforderly Perfons have alTembled themfelves at divers Times to ' refcue Offenders againft the faid Laws, and to infult and abufe thofe who have been concerned in bring- ' ing them to J uftice, and have in a molt wicked and cruel Manner affaulted, beat, wounded and almoft ' murdered fevcral Officers and other Perfons, who in purfuance of the faid firft recited Act either had RefcmngOf- ' ders ; ' Be it enacted by the Authority aforefaid, That if any Perfons to the Number of Five or more fenders againft (]"iall from and after the faid twenty-fourth Day of June in the Year of our Lord one thoufand feven or^na^lttnl' hundred and thirty-eight, in a tumultuous and riotous Manner, affemble themfelves to refcue any Of- iniormers, fender or Offenders againit the faid firft-mentioned Acl, or to afiault, beat or wound any Perfon or Felony. Perfons who (hall have given, or be about to give, any Information or Evidence againit, or (hall have difcovered or given Evidence againit, or be about to difcover or give Evidence againft, feize or bring to Juftice any Perfon or Perfons offending againft the faid firft-mentioiied Act ; that then all and every Perfon or Persons fo affembiing themfelves, and their Aiders and Abettors, being thereof lawfully con- victed, fhall be, and be adjudged to be, guilty of Felony; and every fuch Felon and Felons fliall be fubject and liable to the like Pains and Penalties as in Cafes of Felons ; and the Courts by and before ■whom he, fhe or they fhall be convicted, ihall have full Power and Authority of transporting fuch Felon and Felons for the Space of feven Years to any of his Majefty's Colonies or Plantations in America, upon 4 Geo. i.e. 11. the like Terms and Conditions as are given, directed and enacted by an Act made in the fourth Year of the Reign of his late Majefty King George the Firft, intituled, An Acl for the further preventing Robbery, Burglary and other Felonies, and for the more effectual Tranfportation of Felons, and unlawful Ex- 6 Geo. i.e. z. poriation of Wo oil ; and by an Act made in the fixth Year of the Reign of his faid late Majelty King George the Firft, intituled, An Acl for the further preventing Robbery, Burglary a?id other Felonies, and for the more effectual Tranfportation of Felons. Aaions brought HI. And be it further "enacted by the Authority aforefaid, That if any Action or Suit fhall be brought in any. inferior and profecuted by any Perfon or Perfons in any inferior or other Court than in his Majefty's Courts of t^ne'done^m Record at Wejlmmjler, or the Court of Great Seffions in Wales, or the Courts of Seffron in Counties pm-Aiance of Palatine, againft any Juftice of the Peace, or other Perfon or Perfons employer! in the Execution of this rjiis Aft, &-c. Act, or of the faid Acts made in the ninth and in the tenth Years of his prefent Majefty's Reign, or Oour^at'wtit- e ' tael " ot " them, for any Matter, Caufe or Thing by him or them done, committed or executed by vir- miniier. tue or reafon of this Act, or of the laid Acts, or any or either of them, or of any Claufe or Ariicle therein contained ; it fliall and may be lawful to and for the Defendant or Defendants in fuch Action or Suit, upon his, her or their making Affidavit, that he, fhe or they intend to infift in his, her or their Defence to fuch Action or Suit upon this Act, or the faid Acts, or one of them, to remove fuch Action or Suit into any of his Majefty's Courts of Record at Weftmbifier; fo that the Writ or Writs for remov- ing the fame be delivered to the Steward, Judge or proper Officer of the faid inferior or other Court, Defendant may before Iffue joined in the faid Actj,pn or Suit ; and fuch Defendant or Defendants may plead the Ge- Fanu'e 6 !-' 1 ^ n Iffue, and give this Act, and the faid Acts, or any of them, and the fpecial Matter in Evidence at the Trial; and that the fame was done in purfuance and by the Authority of this Act, or of the faid Acts, or any or either of them ; and if it fhall appear fo to have been done, then the Jury fhall find for the Defendant or Defendants ; and if the Plaintiff fliall be nonfuited, or difcontinue his or her Action, after the Defendant fhall have appeared, or if Judgment fliall be given upon any Verdict or Demurrer againft the Plaintiff, the Defendant and Defendants fliall and may recover Treble Cofts, and have the like Remedy for the fame, as Defendants have in other Cafes at Law. ' IV, And whereas fome Doubts have arifen, whether a Juftice or Juitices of the Peace, on any In- ' formation exhibited to him or them of or for any Offence or Offences againft the faid firft-mentioned ' the Perfon or Perfons, againft whom fuch Information is made, unlefs and until fuch Perfon or Per- ' fons hath or have been duly fummoned to appear before fuch Juftice or Juftices ; and it is found by ' Experience, that the fummoning fuch Offenders againft the faid firft-mentioned Act is attended with ' great Inconveniencies, by giving them an Opportunity to abfeond from Juftice ; fuch Offenders be- Twfuces may fore declared and enacted by the Authority aforefaid, That it is and fliall be lawful for one or more withSut Sum- Juftice or Juftices of the Peace, on any Information upon Oath made before him or them againft any u£irrams-for ' * er '" on or Perfons for hawking, felling or expofing to fale any Spirituous Liquors or Strong Waters con- otrindeis. trary to the faid firft-mentioned Act, to iffue his or their Warrant or Warrants under his or their re- flective Hands and Seals, to be directed to any Conftable or other Minifterial Officer of the Peace, for the apprehending and bringing fuch Offender or Offenders before fome Juftice or Juitices of the Pea^e for the County or Place wherein fuch Offence or Offences was or were committed, in order to fuch Of- fender or Offenders being by fuch Juftice or Juftices dealt with according to Law.
 * given or were about to give Informations before his Majefty's Juftices of the Peace againft fuch Offen-
 * Act, may grant his or :heir Warrant or Warrants for apprehending and bringing before him or them
 * ing generally Perfons of little or no Subftance, and often having no fettled Habitation ;' Be it thcre-
 * V. And