Page:Ruffhead - The Statutes at Large - vol 6.djvu/734

 668 C. 21. Anno decimo nono Georgii II. A. 0.1746. VIII. And be it further enaded by the Authority aforefaid, That all and every Juftice of the Peace for any County, Riding, Divifion or Liberty, and all and every Mayor, Juftice, Bailiff, or other chief Magiftrate of any Town Corporate, before whom any Perfon or Perfons fhall be convicted of pro- fane Swearing or Cuifing, ihall caufe the Convidion to be drawn up in the Words and Form fol- lowing. Form of Con- ' Middlcfex, T3 E ft remembered, that on the Day of in the > c ' lon > * to wit. JD Year of his Majefty's Reign, J. B. was convicted before me (one of his Majeftys Ju- J Jlices of the Peace for the County, Riding, Divifion, or Liberty a for ef aid; or before me Alayor, ' fuftice, Bailiff', or other chief Magi/irate of the City or Town of vjithin the ' Geunty of, as the Cafe Jhall be) of fwearing one or more profane Oath or ' Oaths, or of curfing one or more profane Curie or Curjes, as the Cafe Jhall be.' Given under my Hand and Seal the Day and Tear aforefaid. Which faid Form and Conviction fhall not be liable to be removed by Certiorari into his Majefty's Court of King's Bench, but fhall be deemed^and taken to be final to all Intents and Purpofes what- t'o be wot« <m foever ; and the G.id Juftice, Mayor, Banff, or other chief Magiftrate before whom fuch Conviction Parchment, and fa 2 ^g m ^ e ^ fh a ]] cau f e the fame to be fairly wrote over upon Parchment, and returned to the next nexVseffions. ° General or Quarter Seflions of the Peace for the County ». herein fuch Convidion was made, to be filed by the Clerk of the Peace, and remain and be kept amongft the Records of the faid County. Juftices, &r. to IX. And be it further enacted by the Authority aforefaid, That all and every Juftice of the Peace for put this Aft in any County, Riding, Divifion or Liberty, and every Mayor, Juftice, Bailiff, or other chief Magiftrate CTimiiateJv" °^ an y ^ lt Y °' Town Corporate may, and they are hereby authorized and required to put this Act in Execution againft any Peifon or Perfons within their fever^l JuriTuidions, although fuch juftice, Mayor, Bailiff, or other chief Magiftrate fhall be rated and pay to the Relief of the Poor of any Parifh, Town, or Place, where any Offence, contrary to the true Intent and Meaning of this Ad, fhall be committed ; any Law or Statute to the contrary in any wife notwithftanding. Penalties how to x. And be it further cnaded by the Authority aforefaid, That all and every Fenalty or Penalties in- be difpofed or", fli^gj by this Ad, upon any Perfon or Perfons for profane Curfing and Swearing, fhall be difpofed of Offenders to pay for the Benefit of the Poor of the Parifh wherein fuch Offence was committed ; and that all Charges of all Charges over the Information and Convidion of any fuch Offender fhall be borne an i paid by the Party offending, if and above the aD le, over and above the Penalties inflided by this Ad, which Charges Aiail Be fettled and afcertained by ena ties, ^ Juftice of Peace, Mayor, Bailiff, or other chief Magiftrate before whom fuch Convidion fhall be made. And in cafe fuch Party fhall not be able, or fhall not immediately pay the faid Charges and Ex- penccs, or give Security for the fame to the Satisfadion of fuch Juilice of the Peace, Mayor, Bailiff, or other chief Magiftrate, it fhall and may be lawful for the Juftice, Mayo; -, Bailiff, or other chief Ma- tt be committed piftrate before whom fuch Information and Convidion fhall be made, to commit fuch Offender to the rotheHoufeof jj ou f e of Ccrredion as aforefaid, there to remain and be kept to. hard Labour for the Space of fix Days, fixDa Textra- over anc ^ aDOVe fuch Time for which fuch Offender may be committed in Default of Payment of the Pe- ordinary. nalties inflided by this Ad ; and in fuch Cafe no Charges of Information and Convidion fhall be paid by any Perfon whatfoever. XL And it is hereby further en aded, That if any Adion or Suit fhall be commenced or brought againft any Juftice of the Peace, Conftable, or other Officer or Perfon whatfoever, for doing or caufing to be done, any thing in purfuance of this Ad concerning the faid Offences, the Defendant in that General Iffue. Adion may plead the General Iffue, and give the Special. Matter in Evidence; and if upon fuch Adion Verdid be given for the Defendant, or. the Plaintiff become nonfuit, or difcontinue his Adion, then the Treble Cofts. Defendant fhall have treble Cofts. 1'ioof, &c to XII. Provided always, and it is hereby enaded, That no Perfon fhall be profecuted or troubled for bc h^n Wllhln any Offeree againft this Statute herein before or herein after mentioned, unlefs the fame be proved or cig t ays. profecuted within eight Days next after the Offence committed. Ail to be read XIII. And it is further enaded by the Authority aforefaid, That this Ad fhall be publickly read four ^L 3rte L ly "V 11 feverzl Times in the Year, in all Parifh Churches and publick Chapels, by the Parfon, Vkar, or Curate re "' c ' of the refpedive Parifhes or Chapels, immediately after Morningor Evening Prayer, on four feveral Sundays (that is to fay) the Sunday next after the twenty-fifth Day of. March, twenty-fourth Day of fune, twenty-ninth Day of September, and twenty-fifth Dayof December, in every Year; or in cafe Di- vine Service fhall not be performed in any fuch Church or Chapel on any of the Sundays before men- tioned, then upon the firft Sunday after any of the faid quarterly Days on which Divine Service fhall Penalty of ;]. happen to be performed in any fuch Church or Chapel, under the Pain of forfeiting the Sum of five for Negle<a. Pounds for every fuch Omiffion or Negled ; to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by virtue of a Warrant under the Hand and Seal of any one Juftice, Mayor, Bailiff, or other chief Magiftrate as aforefaid. Fee of is. to XIV. And be it further enaded by the Authority aforefaid, That the Clerk of the Juftice, Mayor, the Juftice' s, Bailiff or other chief Officer, before whom Proceedings upon this Ad fhall be had, fhall and may re- C erk. C eive and take for the Information., Summons and Convidion of every Offender againft this Ad, the Sum one Shilling and no more. 2 XV. And