Page:Ruffhead - The Statutes at Large - vol 6.djvu/733

 A. D. 17+6. Anno decimo nono Georgii II. C. 2r. 667 II. And be it further enacted by the Authority aforefaid, That in cafe any Perfon Or Perfon 3 fhall Proftoe Sweat- profanely Swear or Curfe, in the Prefence and Hearing of any Juftice of the PedC« tor any County, Ri- "'■ in lhc "•"- ding, Divifion or Liberty ; or in the Prefence or Hearing of any Mayor, Juftice, Bailiff, or other chief ),"„ £ ,y ■'"" Magiftrate of any Town Corporate; every fuch Juftice, Mayor, or other chief Magiltrate as aforefaid, to be conriaed fhall and is hereby authorized and required to convict every fuch Offender of fuch Offence (in the Form without other and Manner herein after fet forth) without any other Proof whatfoever. Prtuf. III. And be it further enabled by the Authority aforefaid, That in cafe any Perfon or Perfons (hall ConiUbir-t, &<•, profanely Swear or Curfe, in the Prefence and Hearing of- any Conftable, Petty Conffable, Tything- l0 feu<: fe'fon» man, or other Peace Officer, it (hall and may be lawful for any and every fuch Conftable; Petty Con- ™ H "£ ' Sw " r " ftable, Tythingman, or other Peace Officer, and they and each of then are hereby authorized and re- mg ' ' °" ro *"' quired (in cafe any fuch Perfon fhall be unkown to fuch Conftable, Petty Conftable, Tythingman, or other Peace Officer) to feize, fecure, and detain fuch Offender or Offenders, unknown to him or them as aforefaid ; and fuch Offender or Offenders forthwith to carry before the next Juftice of the Peace for 3 "<i bring them the County, Riding, Divifion or Liberty, or before the Mayor, Juftice, Bailiff, or other chief Magi- k f °™ ,he ne * {Irate of the Town Corporate, wherein fuch Offence was committed ; and the faid Juftice, Mayor, or J f"' e * e ' ", " other chief Magiftrate, is hereby authorized and required, on the Oath of fuch Conftable, Petty Con- t bem on the ftable, Tythingman, or other Peace Officer, to convict the Offender in Manner and Form herein after Officer's Oath ; directed : And in cafe any fuch Perfon fo profanely Swearing or Curfing, in the Prefence or Hearing of a '" J '• thr-y arc any fuch Conftable, Petty Conftable, Tythingman, or other Peace Officer, fhall be known to any of kn ™ n - ln ^ r - them, every fuch Conftable, Petty Conftable, Tythingman, or other Peace Officer, fhall and is hereby ™ a a j° n t0 required fpeedily to make Information before fome Juftice of the Peace for the County, Riding, Divifion or Liberty, Mayor, Juftice, Bailiff, or chief Magiftrate of any Town Corporate as aforefaid, in order that the Offender or Offenders may be by fuch Juftice, Mayor, Bailiff, or other chief Magiftrate con- victed thereof, and punifhed for the fame, in Manner and Form as in and by this Aft is directed. IV. And be it further enacted by the Authority aforefaid, That every fuch Juftice of the Peace, Jufticrs, &c. Mayor, or other chief Magiftrate as aforefaid, fhall immediately upon Information given upon Oath or u .P on Infonna- any fuch Conftable, Petty Conftable, Tythingman, or other Peace Officer, or of any other Perfon ' h un ' '° urder whatfoever, caufe the Offender or Offenders to appear before him ; and upon fuch Information b:ing ' ' c ^" !<> proved as aforefaid, convict fuch Offender or Offenders in fuch Manner as in and by this Act is pre- p n jl 1 fcribed. And in cafe fuch Offender or Offenders fhall not immediately pay down the refpective Sum fo p3 j^ rfrSecu- forfeited, or give Security to the Satisfaction of fuch Juftice, Mayor, or other chief Magiftrate, before rity given, or the whom fuch Conviction is made, it fhall and may be lawful for fuch Juftice, Mayor, or other chief Ma- Offender to be giftrate, to commit the Offender to the Houfe of Corredion for the County, Riding, Divifion, Liberty, C0I " m ""d for City or Town Corporate where fuch Offence fhall be committed^ there to remain, and be kept to hard Houfe'oVco'r 1 - 6 Labour for the Space of ten Days. reaion. V. Provided always, and it is hereby enacted by the Authority aforefaid, That in cafe any common Common Sol- Soldier belonging to any Regiment in his Majefty's Service, or any common Sailor or common Seaman diers and Sailors, belonging to any Ship or Veffel, fhall be convidted of profane Curfing or Swearing as aforefaid, and not payin? the {hall not immediately pay down the Penalty by him forfeited, or give Security for the fame as aforefaid^ Pcnait y> &c - and al-fo the Coft of the Information, Summons and Conviction, as in and by this Act is directed ; every fuch common Soldier, common Sailor or common Seaman, inftead of being committed to the Houfe of Correction, as by this Act is directed, fhall by the faid Juftice, Mayor, Bailiff, or other Head Officer, be ordered to be publickly fet in the Stocks for the Space of one Hour, for every fingle Offence ; and tobe.fct in the for any Number of Offences, whereof he fhall be convidted at one and the fame Time, two Hours. Stccks. VI. And be it further enacted by the Authority aforefaid, That if any Juftice of the Peace of any Judices, &c. not County, Riding, Divifion or Liberty, Mayor, Juftice, Bailiff, or other chief Magiftrate of any Town doing their Duty, Corporate, fhall wilfully and wittingly omit the Performance of his Duty, in the Execution of this Act, he fhall forfeit and lofe the Sum of five Pounds j one Moiety thereof to'the Ufe of the Informer, and forfeit 51. the other Moiety thereof to the Ufe of the Poor of the Parifh wherein fuch Juftice, Mayor, or other chief Magiftrate fhall refide ; to be recovered by Action, Suit, Bill, or Plaint, in any of his Majefty's Courts of Record at Wejlminjier ; wherein no Effoin, Protection, or Wager of Lav/ fhali be allowed, or more than one Imparlance. VII. And be it further enacted by the Authority aforefaid, That if any Conftable, Petty Conftable, ConftaMes, &c. Tythingman, or other Peace Officer, fhall wilfully and wittingly omit the Performance of his Duty in p ^ "^ theit the Execution of this Act, and be thereof convicted by the Oath of one Witnefs, before any Juftice of u 7 ' the Peace for any County, Riding, Divifion, or Liberty, or before the Mayor, Juftice, Bailiff", or other chief Magiftrate of any Town Corporate, every fuch Conftable, Petty Conftable, Tythingman, or other Peace Officer fo offending, fhall forfeit and lofe the Sum of forty Shillings; to be levied and re- forfeit 40 s.-: covered by Diftrefs and Sale of the Offender's Goods and Chattels, by virtue of a Warrant under the Hand and Seal of fuch Juftice, Mayor, or other chief Magiftrate, and to be difpofed of, one Moiety thereof to the Ufe of the Informer, and the other Moiety to the Ufe of the Poor of the Parifh where fuch Offence fhall be committed ; and in cafe fuch Offender fhall not have fufficient Goods and ™& for want of Chattels whereon to levy the faid Penalty, it fhall and may be lawful for fuch juftice, Mayor, J^jjL^! or other Magiftrate, to commit fuch Offender to the Houfe of Correction for the County, Riding, on ™M OI) e ;h °l Divifion, Liberty, City or Place, there to remain, and be kept to hard Labour for the Space of one the Houfe of Month. Corteawn. 4 Q_z VIII. And