Page:Ruffhead - The Statutes at Large - vol 6.djvu/420

 358 C. 27. . Anno duodecimo Georgii ft. A. D. 1739. the faid refpeftive Standards, and (hall fo report the fame after three Affays made thereof ; then and in every Rich Cafe, it (hall and may be lawful to and for any Warden or Deputy-warden of the faid Company of Goldfmiths in London, or any Warden of the Company at any of the Cities or Places aforefaid, to cut, break and deface, or caufe to be cut, broken and defaced, fuch Parcel of Plate, at any Time after three Days next after the laft Affay made the:e.f, and not fooner, unlefs the Perfon who brought or fent the fame defire it to be broken and delivered to him fooner ; and there (hall ncverthelels be paid for the affaying of the fame fuch Rates or Prices as are herein be- fore limited for affaying and marking, as if fuch Parcel of Plate had been really marked. cimil ty i°"v ' XXI. And be it enacted by the Authority aforefaid, That from and after the faid twenty-eighth •larks) &c! ^ a Y oi: May one thoufand feven hundred and thirty-nine, all and every Perfon and Perfons, who (hall work or make, or caufe to be wrought or made, any Gold or Silver Veffel, Plate or Manu- facture of Gold or Silver whatfoever, within that Part of Great Britain called England, (hall firft enter his, her and their new Marks, Names and Places of Abode, in the faid Aflay-offke of the laid Company of Goldfmiths in London, or in the Affay-office at York, Exeter, Bri/lol, Cbejler, Nor- wich or Newcajlle upon Tyne; which new Marks fhall be of a Character or Alphabet different from their old Marks ; and all his, her and their old Marks, if he, me or they have any, fhall be broken or defaced by or in the Prefence of the Affayer ; on Pain that every Peribn and Perfons offending therein, fhall for every or any of the faid Offences forfeit and pay the Sum of ten Pounds, and the further Sum of ten Pounds for ufmg any other Mark, to be recovered and difpofed of as here- in after is mentioned, and for Default of Payment (hall be committed by the Court, in which Judg- ment (hall be given thereon, to the Houfe of Correction for the County, City or Liberty where convicted, there to remain and be kept to hard Labour for any Time not exceeding the Space of fix Months, or until Payment be made of the faid Forfeiture. Forfeitures how XXII. And for the better Recovery of the feveral Penalties and Forfeitures impofed by this Act ; to be recovered £ e ; t ena( ct ec j by t ] ie Authority aforefaid, That the faid Penalties and Forfeitures, and every of them, fhall and may be recovered, with full Cofts of Suit, by Action, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Weftminfler, in which Actions or Suits the Defendants (hall give or put in Special Bail; and wherein no'Effoin, Protection or Wager of Law, nor more than one Imparlance fhall be allowed ; and one Moiety of the faid Penalties and Forfeitures, and every of them, (hall go to the TJfe of his Majefty, his Heirs and Succeffors, and the other Moiety to the Perfon who fhall fue for the fame. Adbon^ " ° f XXIII. And be it enacted by the Authority aforefaid, That if any Action or Suit (hall be brought or commenced againft the faid Wardens and Commonalty, or againft any of the Wardens of the faid refpective Companies, at the Cities or Places aforefaid, or any of their Officers, or any other Perfon or Perfons, for any Thing done in purfuance of this prefent Act, or in relation to the Pre- miffes, that in every fuch Cafe the Action or Suit fhall be brought or commenced before the End of the next Term after the Fact committed, and not afterwards; and mail be laid and brought in the County, City, Town or Place, where the Affay-ofHce is or (hall be kept whofe Officer or Of- ficers fhall be complained of, and not elfewhere ; and the Defendant or Defendants in fuch Action General Iffue. or Actions, Suit or Suits to be brought or commenced, may plead the General Iffue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this prefent Act : And if it fhall appear fo to be done, or if -any fuch Action or Suit (hall be brought after the Time before limited for bringing the fame, or fhall be brought in any other County, City or Place, than aforefaid, that then and in fuch Cafe the Jury fhall find for the Defendant or Defendants ; and upon fuch Verdict, or if the Plaintiff or Plaintiffs fhall become nonfuited, or difcontinue his, her or their Action or Actions, or if a Verdict fhall pafs againft the Plaintiff or Plaintiffs, or if upon Demurrer Judgment (hall be given againft Treble Cofts. the Plaintiff' or Plaintiffs; the Defendant or Defendants fhall and may recover Treble Cofts, and have the like Remedy for the fame, as any Defendant or Defendants hath or have for Colls of Sut in other Cafes by Law. FuWiek Aft. XXIV. And be it further enacted by the Authority aforefaid, That this Act fhall be deemed and Canc-rmng ?«/</ t3 ken to be a publick Act, and be judicially taken Notice of as fuch by all Judges, Jultices, and erJjilvcrfifar- other Perfons whatfoever, without fpecially pleading the fame. litr 15 Geo, 2, c. 20. 22 Geo, 2, c. 36. .29 Geo, 2, c. 14. 31 Geo, 2. c, 32. 32 Geo, 2. c, 24. CAP. XXVII. An Act for explaining .and amending an Act made in the eighth Year of the Reign of King Richard the Second, intituled, No Man of Law jloall be Jujlice ofAJpzc or Gael Delivery in his own Country ; and another Act made in the thirty-third Year of the Reign of King Henry the eighth, intituled, An Aft that none jhall be Jujlice of JJfvze in his own Country, &c. PrtamMe, re- < TT 7" HE RE AS by an At made in the eighth Year of the Reign of King Richard the Se- 8Ric.'2. e c 2 ' .yy c ? nd > intituled, No Man of Lcav Jhall bejuftce of A/Jlze or Gaol Delivery in bis oivn Country j ' it is enacted, That no Man of Law (hall from thenceforth be Juftice of Affize, or of the and 33 Hen. S. 'common Deliverance of Gaols, in his own Country: And whereas by an Act made in the «• '4. « thirty-third Year of King Henry the Eighth, intituled, An Ait that none JbM be Juftice cf ' AJfa*