Page:Ruffhead - The Statutes at Large - vol 7.djvu/459

 A. D. 1752. Anno vicefimo quinto Georgii II. C. 36. 430 V. And in order to encourage Profecutions againfl Perfons keeping Bawdy-houfes, Gaming-houfcs or^""*"'" Dmy other dilbrderly Houfes, Be it enafted by the Authority aforefaid, That if any two Inhabitants of any "P"" ^"Jl'" °'' Pan ill or Place, paying Scot, and bearing Lot tlierein, do give Notice in Writing to any Conftable f or a E,w>iy iiouf"^ other Peace Officer of the like Nature, where there is no Conftable) of fuch Parifh or Place, of any Per- Gaming houii,' fon keeping a Bawdy-houfe, Gaming-houfe, or any other difordcrly Houfe, in fuch Parifli or Place, the&c Conftable or fuch Officer as aforefaid, fo receiving fuch Notice, {hall forthwith go with fuch Inhabitants to one of his Majefty's Juftices of the Peace of th^e County, City, Riding, Divifion or Liberty in which fuch Parifh or Place does lie; and fliall, upon fuch Inhabitants making Oath before fuch Juftice, that they do believe ehe Contents of fuch Notice to be true, and entering into a Recognizance in the penal Sum of twenty Pounds each, to give or produce material Evidence againft fuch Perfon for fuch OrFence, enter into a Recognizance in the penal Sum of thirty Pounds, to prolecute with Efl'eft fuch Perfon for fuch Offence 'at the next General or Quarter Seffion of the Peace, or at the next Affizes to be holden for the County in which fuch Parifli or Place does lie, as to the f;.id Juftice fhall feem meet; and fuch Conftable or other The chargeE of Officer ftiall be allowed all the reafonable Expences of fuch Profecution, to be afcertained by any two P°'^='"'°^' Juftices of the Peace of the County, City, Riding, Divifion or Liberty where the Offence fliall have been committed, and fhall be paid the fame by the Overfeers of the Poor of fuch Parifli or Place; and in cafe fuch Perfon ftiall be convifted of i'uch Offence, the Overfeers of the Poor of fuch Parifh or Place fhall forth- and lol. on Ccn- with pay the Sum of ten Pounds to each of fuch Inhabitants; and in cafe fuch Overfeers fhall negleft or '^!^^"" ^Y'tf refufe to pay to llich Conftable or other Officer fuch Expences of the Profecution as aforefaid, or fiiall tjnt,""^ ^,"„'i'4 neglefi or refufe to pay upon Demand, the faid Sums of ten Pounds and ten Pounds, fuch Overfeers, and by the Ovcrfeer;, each of them, fliall forfeit to the Perfon intitled to the fame, double the Sum fo refufed or neglefted to be on Penally of paid. forfeiting douhje; VI. Provided always, and be it enafted by the Authority aforefaid, That upon fuch Conftable or other perfan kteping. Officer entering into fuch Recognizance to profectite as aforefaid, the faid Juftice of the Peace fhall forth- fuch Bawdy- vvith make out his Warrant to bring the Perfon fo accufed of keeping a Bawdy-houfe, Gaming-houfe or'"'^' "'-=• " other diforderly Houfe, before him, and fhall bind him or her over to appear at fuch General or Qiiarter ^ ^"'^^ °^" Seffion or Affizes, there to anfwer to fuch Bill of Indictment as fhall be found againft him or her for fuch Offence; and fuch Juftice fhall and may, if in his Difcretion he thinks fit, likewife demand- and take Se- curity for fuch Perfon's good Ijehaviour in the irean time, and until fuch Indiftment fhall be found, heard and determineJ, or be returned by the Grand Jury not to be a true Bill. VII. Provided alfo, That in cafe fuch Conftable fhall negleft or refufe, upon fuch. Notice, to go Confchl.- n?g. before any Juftice of the Peace, or to enter into fuch Recognizance, or fhall be wilfully negligent in car-le^'ig hi= Duty rying on the faid Profecution, he fhall for every fuch Offence forfeit the Sum of tv/enty Pounds to each of^^f"" -°'- fuch Inhabitants fo giving Notice as aforefaid. ' VIII. And whereas, by reafon of the many fubtle and crafty Contrivances of Perfons keeping Bawdy- ' houfes, Gaming-houfes or other diforderly Houfes, it is difficult to prove who is the real Owner or Keeper ' thereof, by which Means man}' notorious Offenders have efcaped Puniftiment;' Be it enafted by the Authority aforefaid. That any Perfon who fliall at any Time hereafter appear, aft or behave him or her^ Who (hsV. he felf as Maftcr or Miftrefs, or as the Perfon having the Care, Government or Management of any Bawdy- <*==me<i the houfe, Gaming-houle or other diforderly Houfe, fhall be deemed and taken to be the Keeper thereof, and p "'^'^'^ u""-^* fliall be liable to^be profecuted and puniflied as fuch, notwitliftanding he or flie fliall not in Fact be the^.!" ^" °"  real Owner or Keeper thereof. IX. Provided neverthelefs, That upon any fuch Profecution againft any Perfon for keeping a Bawdy- Evidence may be houfe, Gaming-houfe or other diforderly Houfe, any Perfon may give Evidence againft the Defendant or g'«n fiy ^m i'--^ on Behalf of the Defendant in fuch Profecution, notwithftanding his or her being an Inhabitant or Pa^ '^^"•"''' '^"'• rifliioner of the faid Parifh of Place, or having entered into fuch Recognizance as aforefaid. X. And be it further enadted by the Authority aforefaid. That no Indiflment which fhall at any Time Indiamen- nci. after the iaid firft Day of 'Jufie be preferred againft any Perfon for keeping a Bawdy-houfe, Gaming-houfe or '■;f^°^^=^'.^ 'r other diforderly Houfe, Ihall be removed by any Writ of Certiorari into any other Court;. but fuch Indift- ^'■'""'"'■'• ment fhall be heard, tried and finally determined, at the fame General or Quarter Sefiion or Affizes, where fuch InditStment fliall have been preferred (unlefs the Court fliall think proper, upon Caufe fliev/n, to ad- journ the fame) any fuch Writ or Allowance thereof notwithftanding. ^ ' XI. And whereas many Perfons are deterred from profecuting Perfons guilty of Felony, upon ac- ' count of the Expence attending fuch Profecutions, which is another great Caufe and Encouragement of ' Thefts and Robberies;' In order therefore to encourage the bringing Offenders to JuftJce, Be it enairted by the Authority aforefaid. That it fliall and may be in the Power of the Court, before whom any J" P™-™^'-'>s Perfon has been tried and convided of any Grand or Petit Larceny, or other Felony, at the Prayer of^court^'m"" m;,!-e the Profecutor, and on Confideration of his Circumftances,, to order the Treafurer of the County in which Orders for p^av-^ the Offence Ihall have been committed, to pay unto fucli Profecutor fuch Sum of Money as to the faid mem oj" the pVo- Court fliiill feem reafonable, not exceeding the Expences which it fliall appear to the Court the Pr.o- ^cutor's Ex- . fecutor was put unto in carrying on fuch Profecution, making him a reafonable Allo-.vance for his Time '";""' i and Trouble therein; which Order the Clerk of Affize, or Clerk of the Peace refpefiiyely,- is hereby p^';^'^^!,^^^^;^^ '>" diredtcd and required forthwith to make out and to deliver uiito fuch Profecutor,. upon being paid for'" ' the laine the Sum of one Shilling, and no more; and the Treafurer of the County is hereby authorized County Trennu:.' and required, upon Sight of fuch Order, forthwith to pay to fuch Profecutor, or other Perfon authorized '° P^J' *' *^'" to receive the fame, fuch Sum of Money as aforefaid, and {ball be allowed, the fame in his Accounts., XIL, Andi