Page:Ruffhead - The Statutes at Large - vol 6.djvu/369

 A. D. 1738. Anno undecimo Georgii II. C. 26. 307 « V. And whereas in and by a Claufe in the faid firft-mentioned Act it is enacted, That from and after the faid twenty-ninth Day of September one thoufand kvan hundred and thirty-fix, no Perfon or Perfons fliall hawk, fell or expofe to fale any Brandy, Spirituous Liquors or Strong Waters, by what- soever Name or Names they are or may be called or diftinguilhed, about the Streets, Highways or Fields, in any Wheel-barrow or Bafket, or upon the Water in any Ship, Boat or Veffel, or in any other Manner whatfoever, or (hall fell or expofe the fame to fale on any Bulk or Bulks, Stall or Stalls, or in any Shed or Sheds, or on or in any other Place or Places, other than in fuch Place and Place* as are in the faid Act before-mentioned and allowed, upon Pain of forfeiting for every fuch Offence the Sum of ten Pounds ; and it fhall and may be lawful to and for any one or more Juftice or Jufticej. of the Peace for the County, Riding, Divifion, City or Liberty refpectively, wherein fuch Offence dial! be committed, on his or their own View, or on Confelfion of the Party, or by Proof on the Oath of one or more credible Witnefs or Witneffes made of fuch Offence, to convict any Perfon ot Perfons fo offending asaforefaid; and fuch Perfon and Perfons fo offending and convicted, fhall im- mediately on fuch Conviction pay the Sum of ten Pounds into the Hands of the Churchwardens and Overfeers of the Poor of the Parifh where fuch Offence fliall be committed, or one of them ; and on fuch Offender or Offenders refufing or neglecting to pay the faid Sum, the Juftice or Juftices fo con- victing as aforefaid (hall and may by Warrant or Warrants under his and their Hand and Seal or Hands and Seals, commit the Offender or Offenders to the Houfe of Correction for the faid County, City or Liberty refpectively, there to remain and be kept to hard Labour for the Space of two Months, to be reckoned from the Day of the faid Commitment ; and the Perfon or Perfons fo committed ihaji not be difcharged, until he, the or they fhall have paid the Sum of ten Pounds, or until the full Expi- ration of the faid two Months ; and every Sum or Sums of Money arifing from the Conviction of any Perfon or Perfons as aforefaid (in cafe there be no Informer) (hall be employed to the Ufe of the Poor of the Parifh wherein the Offence was committed ; but if there lhall be an Informer, one Moiety of fuch Money fhall be paid to the Informer, and the other Moiety lhall be paid to the Ovcrfeers and Churchwardens as aforefaid, or one of them, and applied to the Ufe of the Poor of the Parilh as aforefaid : And whereas in and by a Claufe of the before-mentioned Act of Parliament made in the tenth Year of his faid Majefty's Reign, reciting the faid laft-recited Claufe of the faid Act made in the ninth Year of his faid Majefty's Reign ; and alfo reciting that fuch Perfons as are willing and de- (irous of putting the faid falutary Law in Execution have not the Encouragement which is due to them, and which they juftly deferve, where the Perfons incurring the pecuniary Penalties of the (aid Act are not able to pay the fame, but in lieu thereof are fent to the Houfe of Correction as by the faid Act is directed ; for Remedy whereof, it is enacted, That from and after the twenty-fourth Day of "June one thoufand feven hundred and thirty-feven, in all fuch Cafes as aforefaid, it lhall and may be lawful for the Commiffioners of Excife in England and Scotland refpectively, to caufe fuch Rewards as aforefaid to be paid to the feveral and refpective Perfons who fliall appear to them to be intitled thereto as aforefaid, out of any Money that fliall be in their Hands, or any Officer belonging to them, that hath arifen, or (hall arife, by virtue of any Penalties or Forfeitures incurred by the faid Act as afore- faid ; and the Money fo paid (hall be accepted of and allowed in their Accounts as fo much Money paid to his Majefty, and the Commiffioners are thereby difcharged thereof accordingly ; and every Of- fender convicted as aforefaid, and upon his or her Refufal or Neglect to pay the lame Penalty of ten Pounds, committed to the Houfe of Correction as aforefaid, fliaJl before his or her Difcharge be ftript naked from the Middle upwards, and be whipt until his or her Body be bloody : And whereas for want of a Conftable or other Minifterial Officer of the Peace being at Hand to apprehend fuch Of- fender or Offenders, he, (he or they do often efcape unpunifhed ;' Be it further enacted by the Au- thority aforefaid, That from and after the faid twenty-fourth Day of June one thoufand feven hundred Any Perfon and thirty-eight, it (hall and may be lawful for any Perfon or Perfons whatfoever, to feize and detain £ lay fe f iz 5. ! ? aw " any Perfon or Perfons who lhall hawk, fell or expofe to fale any Brandy, Spirituous Liquors or Strong ous $ Liqu?rs! ta " Waters, by whatfoever Name or Names they are or may be called or diftinguifhed, about the Streets, and give Notice Highways or Fields, in any Wheelbarrow or Bafket, or upon the Water in any Ship, Boat or Veffel, or t0 a Ctmrtablf - 'in any other Manner whatfoever, or fliall fell or expofe the fame to fale on any Bulk or Bulks, Stall or Stalls, or in any Shed or Sheds, or on or in any other Place or Places, other than in fuch Place or Places as are in the faid firft-mentioned Act allowed in that Behalf, for fuch reafonable Time as he, (he or they may give Notice to the Conftable, Headborough, Tythingman, Churchwarden, Overfeer of the Poor, or Come other Peace or Parilh Officer or Officers, who are hereby required to carry fuch Perfon fo feized and detained before fome one of his Majefty's Juftices of the Peace for the County or Place where fuch Offence or Offences lhall be committed ; which faid Juftice of the Peace is hereby required to proceed £0 the Examination of fuch Perfon fo feized and brought before him for inch Offence, in the fame Man- ner as if fuch Perfon fo feized had been brought before him by a Conftable, or any other Minifterial Officer of the Peace ; and fuch Perfon fo feized fliall, if convicted of fuch Offence, be liable to the like Penalties, and the like corporal Puniihrnents, on his or her Refufal or Neglect to pay the fame, as are in and by the faid Acts made in the ninth and tenth Years of his prefent Majefty's Reign, or either of them, for fuch Offence, to be paid or inflicted refpectively. VI. And be it enacted by the Authority aforefaid, That all fuch Sum and Sums of Money as fliall arid Forfeiture may Irom time to time be paid by any Perfon or Perfons convicted of hawking, felling or expofing to (ale h ? w w &* aj>» any Brandy, Spirituous Liquors or Strong Waters as aforefaid, to the Churchwardens or Overfeers of ,!>litid ' the Poor of any Parifh or Place where the Offence fliall be committed, fhall be applied and accounted for by the laid Churchwardens and Overfeers, in the fame Manner as other Monies ra'tfed and received on the Rates made for t-he Relief of the Poor are directed and appointed to be applied a-;u autiowrtted for. R r ?, < VII. And