Page:Ruffhead - The Statutes at Large - vol 7.djvu/715

 A. D. 1756. Anno vicelimo nonoGEORGii 11. C. 25. 695 either of fuch Cafes, 'it fliall and may be lawful for any one or more Juftice or Juftices of the Peace for the faid City and Liberty oi TVeJhninJler, upon the Fad allcdged being duly proved upon the Oath of two or more credible WitnefTes, to fine fuch Perfon or Perfons fo offending as aforefaid, in any Sum not exceeding forty Shillings, to be recovered in fuch Manner as is herein after direded. XVII. And be it enaded by the Authority aforefaid, That upon the Non-payment of any Fine or '^'""^.^"^fQ^g'^' Amerciament that Ihall be fet or impofed upon any Perfon or Perlbns by the Authority of this Act, itfeviTd hyDi- Ihall and may be lawful for the High Bailiff of //^ty/ffl/«//«-, or his Deputy or Deputies, and he and ftrefs and Sale, they is and are hereby authorized, directed and required, by a Warrant or Warrants from the laid Court Leet, or by a Warrant or Warrants under the Common Seal of the faid Court of Burgeffes, or by a Warrant or Warrants from the Juftice or Juftices of the Peace before whom any fuch Perfon or Perfons fhall be conviified as aforefaid, to levy all and every fuch Fines and Amerciaments as fliall be fet and impofed as aforefaid, by Diftrefs of the Goods and Chattels of every fuch Perfon or Perfons as fliall be fined or amerced as aforefaid, being then Refiant or inhabiting within the faid City or Liberty of //•?//- minjfcr, and to caufe Sale to b^e made thereof in cafe they Ihall not be redeemed within hve Days, ren- dering the Overplus, if any, to the Owner, upon Demand, after deducing the reafonable Charges of fuch Diftrefs and Sale j and if Inch Offender or Offenders fliall not have Goods or Chattels within the fo^ wantcf Df- faid City and Liberty, whereof fuch Fine or Fines, Amerciament or Avnerciaments, can be levied as ftrcfs, and on aforelaid, then and in fuch Cafe, and upon the Non-payment of fuch Fine or Fines, Amerciament or ^xft"n^icr'?i°be Amerciaments, it ffiall and may be lawful for any one or more Juftice or Juftices of the Peace, by War- commicted, rant under his or their Hand and Seal, or Hands and Seals, to commit fuch Offender or Offenders to one of his Majefty's Gaols within the City or Liberty of Wejhninjler, there to remain for the Space of ten Days, unlefs he, flie or they Ihall fooner pay, or caufe to be paid, the faid Fine or Fines, Amerciament or Amerciaments, fo impofed as aforefaid ; in which Cafe he, fhe or they, on Payment thereof, (hall be forthwith difcharged out of Cuftody. XVIIL And be it further enacted by the Authority aforefaid. That all and every the Fine or Fines f'"«s to be paid' which (hall be fet, impofed and recovered, by virtue of this A6t, (hall, from time to time, be paid by overfeersf and the High Bailiff of JVejlniinJfer, or other Perfon into whofe Hands the fame (hall come, within fourteen applied inAid Days next after the Receipt thereof, to the Overfeers of the Poor for the time being of the feveral Pa- »'' the i'oors rilhes in Wejhninjler refpedively, out of which the fame fliall be fo recovered, who (hall give a Receipt ^'*" or Receipts for the fame ; and the faid Overleers are hereby diieded and required to apply the faid Fine or Fines to the fame Ufes and Purpofes that the Poor Rates in the faid feveral Paridies are by Law to be applied ; and (hall duly accoimt upon Oath for the fame at the Time, at,d in the Manner, they are obliged to account for all other Sums of Money that (hall come into their Hands ; and all and every the Amerciament and Amerciaments which (hall be fet and impofed by the faid Annoyance Jury, and re- fet"byThe"A"*- covered by virtue of this A6t, fliall be applied and difpofed of in Manner following ; that is to fay, noyance Jfury, The faid High Baihff for the time being fhall be, and he is hereby intitled to one Moiety or Half Part ^.S,° '".'!!'« . thereof, and (hall receive and take the fame to his own U(e ; and the other Moiety or Half Part there- coint^of Em-" of fliall be taken and applied by the faid Court of Burgeffes to pay the neceffary Charges and Expences geffes. that (hall attend the Execution of this Adt. XIX. And be it further enadted by the Authority aforefaid, That if any Suit fliall be brought or Limitation ot commenced againft any Perfon or Perfons for any thing done in purfuance of this prefent Ac^, or in re- A'^'°"=- lation to the Premiffes, that in every fuch Cafe the At'tion (had be commenced within lix Months next after the Fa<ft committed, and not afterwards ; and fliall be laid and brought in the County of Middk- fex, and not elfewhere, except the Perfon or Perfons againft whom fuch Adtion (hall be brought, (hall remove into and refide in the City of London ; in which Cafe, the faid Aclion (hall be laid and brought in the faid City of London ; and the Defendant or Defendants in fuch Adtion or Adtions to be brought, may plead the General Ifllie, and give this Adt and the Special Matter in Evidence, at any Trial to be General iffije» had thereupon; and that the fame was done in purfuance and by the Authority thereof; and if it fliall 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 (hall be brought in any other County, City or Place, than the County of Mid- dlefcx (except in fuch Cafe as aforefaid) that then and in fuch Cafe the Jury fliall find for the Defend- ant or Defendants; and if upon fuch Verdidt, or if the Plaintiff or Plaintiffs (hall become nonfuit, or TrebleGofts, difcontinuc his, her or their Aclion or Adtions ; or if a Verdidt fliall pafs againft the Plaintiff or Plain- tiffs ; or if upon Demurrer, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants (hall and may recover treble Cofts, and have the like Remedy for the fame, as any Defend- ant or Defendants hath or have for Cofts of Suit, in other Cafes by Law. XX. Provided always. That this Adt, or any Thing or Matter therein contained, fliall not extend to 2xempt;ions_ the Churc!) or College of Wefminfier, nor to the Clo:e of IVeJhnmJler, nor to any Perlbn or Perlbns ^'°"' ''"' -'^*' ■ inhabiting within the Site, Circuit'or Precindt of the faid Church, College or Clofe, for any OSzv.zs. 'Exfhh-.ei ani or Mifgovernment to be committed by them or any of them, within the Site, Circuit or Precindt of the '""'jffl^^ ^-■ faid Church, College or Clole. ^ • - • z- CAP.