Page:Ruffhead - The Statutes at Large - vol 8.djvu/109

 A. D.I 757' Anno triceUmo Georgh 11. C. 24. 75 IT. And be it further ena£led by the Authority aforefaid, That in cafe any Perfon or Perfons, whoP^'"^''"* offering fhe or they became poiieuea or lucn oooas or ^^natceis ; or ir mere inaii oe any otncr Keaion to luipect ving a good ., that fucK Goods or Chattels are ftolen, or otherwife illegally or clandeftinely obtained ; it fhall and may count urthem- be lawful for any Perfon or Perfons, his, her or their Servants or Agents to whom fuch Goods or Chat- f'^lves may b^ the faid Goods or Chattels, before fome Jultice or Juftices of the Peace of the County, Riding, Divihon, City, Liberty or Place wherein the Oifence fhall be committed ; and if fuch Juftice or Juftices fhali, upon Examination and Enquiry, have Caufe to fufpefl that the faid Goods or Chattels were ftolen, or illegally or clandeftinely obtained, it iliall and may be lawful for fuch Juftice or Juftices to commit fuch Peifon or Perfons into fafe Cuftody, for any Time not exceeding the Space of lix Days, in order to be further examined ; and if upon either of the faid Examiiiations, it fhall appear to the Satisfaction of fuch Juftice m.iy Juftice or Juflices, tha'. the faid Goods or Chattels were ftolen, or illegally or dandeftinely obtained, •^"^"'t the the faid Juftice or Juftices is and are hereby authorized and required to commit the Party or Parties ^^"^' offending to the common Gaol or Houfe of Corredion of the County, Riding, Divifion, City, Liberty or Place wherein the Oft'ence fhall be committed, there to be dealt with according to Law. Vin. Provided neverthele.fs, and be it further enacled. That in cafe fuch Goods or Chattels fo feized The Perfons de- and detained as aforefaid, ftall afterwards appear to be the Property of the Perfon or Perfons who offered taming the Party the fame to be pawned, pledged, exchanged or fold, or that he, fhe or they, was or were authorifed by delnified forfo the Owner or Owners thereof to pawn, pledge, exchange, or fell the fame, then and in fuch Cafe, the doing. Perfon or Perfons who fhall fo feize or detain the Party or Parties who offered the faid Goods or Chattels, (hall be, and he, fhe and they is and are by this A61 indemnified for having fo done. ' IX. And for the better enabling all Perfons to recover their Goods or Chattels, which after the faiJ Authority aforefaid. That if the Owner or Owners of any Goods or Chattels, unlawfully pawned, juftice upon pledged or exchanged, fhall make out, either on his, her or their Oath, or by the Oath of any credible Oath of the Witnefs, or (being one of the People called fakers) by folemn Affirmation before any Juftice or Juftices Owner, toiflue' of the Peace, within his or their Jurifdidion, that fuch Owner or Owners, has or have had, his, her or !! ^^ant to their Goods and Chattels unlawfully obtained or taken from him, her or them, and that there is jufl "^gj p^''/r Caufe to fufpedl that any Perfon or Perfons, within the Jurifdi6tion of any fuch Juftice or Juflices hath Houfe. " °" * or have knowingly and unlawfully taken to Pawn, or by Way of Pledge, or in Exchange, any Goods or Chattels of fuch Owner or Owners, and without the Privity of, or Authority from fuch Owner or Owners thereof; and fhall make appear to the Satisfaction of any fuch Juftice or Juftices, probable Grounds for fuch the Sufpicion of the Owner or Owners thereof; then and in any fuch Cafe, any Juftice or Juftices of the Peace, within his or their Jurifdidion, may iffue his or their Warrant for fearching in the Day-time, the Houfe, Warehoufe or other Place, of any fuch Perfon or Perfons, who fhall be charged on Oath or Affirmation as aforefaid, as fufpeded to have knowingly and unlawfully received or taken to pawn, or by Way of Pledge, or in Exchange, any fuch Goods or Chattels, without the Privity of, or Authority from the Owjier or Owners thereof; and if the Occupier or Occupiers of any Houfe Warehoufe or other Place, wherein any fuch Goods or Chattels fhall, on Oath or Affirmation as afore- Upon Refufal of faid, be charged or fufpe£ted to be, fhall after the faid twenty-ninth Day of September one thoufand feven Admittance Of- hundred and fifty-feven, on Requeft made to him, her or them, to open the fame, by any Peace Officer '^"^ ""^^ ^^"'' authorifed to fearch there, by Warrant from a Juftice or Juftices of the Peace for the County, Riding °P^" '^^ "^o^"^* Divifion, City, Liberty, Town or Place, in which fuch Houfe, Warehoufe or other Place fhall be fituate, refufe to open the fame, and permit the fame to be fearched, it fhall be lawful for any fuch Peace Officer to break open any fuch Houfe, Warehoufe or other Place, in the Day-time, and to fearch as he ihall think fit therein, for the Goods or Chattels fufpeded to be there, doing no wilful Damage ; and if Pe f s hi d r- any Perfon or Perfons fhall oppofe or hinder any fuch Search, and fhall be thereof convided before any in^g f"ch Searcli, iuch Juftice or Juftices, by the Oath of one or more credible Witnefs or Witneffes, every Perfon fo forfeit 5 1. offending in the Premifles fhall forfeit for every fuch Offence the Sum of five Pounds ; and in cafe fuch andonNon-pay- Forfeiture be not immediately paid down, or within the Space of twenty-four Hours, the Juftice or men t, are to be Juftices before whom fuch Conviction fhall be had, fhall commit the Party or Parties fo convicted to the committed to Houfe of Correction, or fome other publick Prifon of fuch County, Riding, Divifion, City, Liberty ^^^^ Labour. Town or Place, there to be kept to hard Labour for any Time not exceeding one Month, nor lefs thari five Days, unlefs in the mean Time fuch Forfeiture fhall be paid; and fuch Forfeiture, when recovered fhall forthwith go and be applied to and for the Ufe of the Poor of the Parifh wherein fuch Offence fhall have been committed ; and if upon the Search of the Houfe, Warehoufe, or other Place, of any fuch TheGoodsfound fufpected Perfon or Perfons as aforefaid, any of the Goods or Chattels which ftiall have been fo know- to be reftored to ingly and unlawfully pawned, pledged or exchanged as aforefaid, fhall be found, and the Property of the ^^^ Owner. Owner or Owners from whom the fame fhall have been unlawfully obtained or taken, fhall be made out to the Satisfaction of any fuch Juftice or Juftices, by the Oath of one or more credible Witnefs or Wit- neffes, or (if any fuch VVitnefs or Witneffes be of the People called ^.akers) by folemn Affirmation or by the ConfefTion of the Perfon or Perfons charged with any fuch Offence, any fuch Juftice or Juft'ices ^ 2 fliafl
 * twenty-ninth Day o^ September one thoufand i^v^n hundred and fifty-feven, fhall be unlawfully pawned
 * or pledged to, or exchanged with, any Perfon or Perfons whatfoever ;' Be it further enafted by the