Page:Ruffhead - The Statutes at Large - vol 7.djvu/460

 440 C.-37. Anno vicefimo quinto Georgii II. A. D. 1752. jufticesmay XII. And, for the better difcovering and bringing to Juftice Thieves, Robbers and other Perfons main- "^"^'"^'°J?°*'^taining themfelves by pilfering and defrauding Mankind ; Be it enacted by the Authority aforefaid. That bo^Srand ofher '"^ (hall and may be lawful to and for any two or more of his Majefty's Jufticcs of the Peace, in any difoiderly Fer- County, City or Liberty, in cafe any Perfon apprehended upon any general privy Search, or by virtue of ions; any Special Warrant, fhall be charged before them with being a Rogue and Vagabond, or an idle and dif- ComcnnngJ-^a- orderly Perfon, or with Sufpicion of Felony, (although no dircdl Proof be then made thereof) to examine graoi^Ju fill tier .^^^^^ Perfon upoD Oath, not only as to the Parifh or Place where he was laft legally fettled, but alfo as to z6G«o.2. '■•34-]^jg Means of Livelihood; the Subllance of which Examination (hall be put into Writing, and be fub- the Examination fcribed or figned by the Perfon fo examined; and the faid Juftices fiiall likewife fign the fame, and tranf- to be ttanfoitted j^j(. j^ (.^ j.i|^g j^gj^j. Qgneral or Qiiarter Seffions of the Peace to he holden for the fame County, City or Li- te the Scfljons. ^g,.{y^ there to be filed, and to be kept on Record : And if fuch Perfon fhall not make it appear to fuch Perfon not gi«ngj^^jggg^ that hc has a lawful Way of getting his Livelihood, or fhall not procure fome refponfible Houfe- count ll'c. to* keeper to appear to his Charafter, and to give Security for his Appearance before fuch Juflices at fome fce commiHcd, Other Day to be fixed for that Purpofe (in cafe the fame ihall be required) to commit fuch Perfon to fome and an Ac'ver- Prifon or Houfe of Correftion, for any Time not exceeding fix Days; and in the mean time to order the tiiemcnt to be Overfeers of the Poor, or one of them, of the Parifli or Place in which fuch Perfon fliall be apprehended, P"'*^-^'^'^"' to infert an Advertifement in fome publick Paper, defcribing fuch fufpicious Peifon, and any Thing or ancfthc^TMiiTs Things which fhall have been found upon him, or in his Cuftody, and which he fhall be fufpected not to lound on him, have come honeftly by, and mentioning the Place to which fuch Perfon is committed, and fpecifying the Time and Place when and where fuch Perfon is to be again brought before them to be re-examined ; and if no Accufation fhall be then laid againit him, then fuch Perfon fhall be difcharged, or othtnvife dealt with according to Law. Recovery of XIIL And be it further enafted by the Authority aforefaid. That any Perfon intitled to any of theFor- Fotfeiiuits. feitures by this A£t impofed, may fue for the fame by Aftion of Debt, in any of his Majelfy's Courts of Record at JVcJhninJier, in which it Ihall be fufficient to declare. That the Defendant is indebted to the Plaintiitin the Sum of being forfeited by an Att, intituled, An Ati for the better -preventing Thefts mid Robberies, and for regulating Places of publick Entertainment, and punijhing Perfons Cofls. keeping cltforderly Hovfes; and the Plaintiff, if he recover in any fuch Aftion, flrall have his full Cofirs. Limitation of, XIV. Provided, That no Action fhall be brought by virtue of this Aft, unlefs the fame fhall be com- Anions. menced within the Space of fix Calendar Months after the Offence committed. ASt to be in XV. And be it further enadfed by the Authority aforefaid, That this Act fhall continue in Force until Force tor 3 ^^^ Expiration of three Years, to be computed from the firfl; Day of this Seffion of Parliament ; and from .''^'^' thence to the End of the then next Seflioii of Parliament, and no longer. Madefeiptualiyz^Gco.-^. c. 19. §. i. CAP. XXXVII. For former Laim ^^ A(5l foF bcttcr preventing the horrid Crime of Murder. coriccrmiig M: rder *■ refer to 52 H. 3. c. 25. 6 Ed. I. c. 9. 3 H. 7. c. i. i Ed. 6. c. 12. i Jac. 1. c. 8. 21 Jac. i. c. 27. 2 Geo. a. c. 21. WHEREAS the horrid Crime of Murder has of late been more frequently perpetrated than for- merly and particularly in and near the Metropolis of this Kingdom, contrary to the knov-n Hu- manity and natural Genius of the Britijli Nation: And whereas it is thereby become neceffary, that fome e ' further Terror and peculiar Mark of Infamy be added to the Punifhment of Death, now by Law infli^ed ' on fuch as fhall be guilty of the faid heinous Ofi'ence;' May it plcafc your molt Excellent Majefh' that it may be enadted ; and be it enadled by the King s moft Excellent Majcffy, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembied and Mmderers to be by the Authority of the fame, Thit from and after the firft Day of E.ifter Term in the Year of our Lord execjttd the next 5ne thoufand feven hundred and fifty-two, all Perfons who fliall be foimd guilty of wilful Alurdcr, be cxe- Day^butone^^ '^"'^'^ according to Law, on the Day next but one after Sentence paffcd, unlefs the fame fliall happen to be ' the Lord's Day, commonly called Sundae, and in that Cafe on the Monday following. and thfiv Bodies 11. And be it further enacted by the Authority aforefaid, That the Body of fuch Murderer fo convicted to be delivered tofhall, if fuch Conviction and Execution fhall be in the County of Middkfex, or within the City of London burgeons Kfll. ^j. the Liberties thereof, be immediately conveyed by the Sheriff or Shei-ifi's, his or their Deputy or De- ])uties, and his or their Officers, to the Hall of the Surgeons Ccmf.a;:y, or fuch other Place as' the f.iid Company fliall appoint for this Purnofe, and be dclii-ercd to fuch Perfon as the faid Company fhall depute or appoint, who fliall give to the Sheriff or Sheriffs, bis or their Deputy or Deputies, a Receipt for the fame ; and the Body fo delivered to the faid Company of Surgeons, fliall be diftciTted and anatomized by the faid Surgeons, or fuch Perfon as they fhall appoint for that 1- urpofe : And in cafe fuch Conviction and Execution Ihall happen to be in any other County or other Place in Great Britain, then the Jud<;e or Juflice of Affize, or other proper Judge, fliall award the Sentence to be put in Execution the ncxt'Day but one after fuch ConviiStion (except as is before excepted) and the Body of fuch Murderer fhall in like Manner be delivered by the Sheriff", or his Deputy, and his Officers, to fuch Surgeon as fuch Tud^e of Jultice fnali direct for the Purpofe aforefaid. Sentence to be HL And be it further enafted by the Authority aforefaid. That Sentence fliall be pronounced in open pronounced im- (Jourt immediately after the Convidtion of fuch Murderer, and before the Couri fliall proceed to any other mediately. Biifinefs, unlefs the Court fhall fee reafonable Caufe for poifponing the fame ; in which Sentence flial) be ex- preilcd not only the ufual Judgment of Death, but alfo the Time appointed hereby for the E.xccution thercJif, and