Page:Ruffhead - The Statutes at Large - vol 8.djvu/305

 A.D. 1757- Anno tricefimo primo Georgii IT. C 29. 271 H-inH. aTid Seals, to caufe every fuch Journeyman or Servant to be apprehended and committed to fo be kept to hard La. S'Houa of Correction, or Ibme o4er p/ilon of the County, Riding Dunfion, C.ty, T-r'^:£::Z7Z.:S: Corporate, Borough or Place in which any fuch Journeyman or Servant Ihal] be apprehended or ^^1^,5 P^^^^^.^^ j^^ convicted to be there kept to hard Labour for any Time not exceedino; one Calendar Montn trom foonu made, the Time' of fuch Commitment, as to fuch Magiftrate or Magiftrates, Jultice or Juftices fhall feem reafonable, unlcfs Payment fliall be made of the Money ordered after fuch Commitment, and before the Expira'tion of the faid Term of one Calendar Month. XXXIV. And for the better and more eafy Recovery of the feveral Penalties and forfeitures to be incurred by Difobedience to this A61, and the Powers herein contained, and difpofing of the Money which Ihall be forfeited by Breach or Non-obfervance of any Part of this Act; Be it tur- ther enacted by the Authority aforefaid. That it fliall and maybe lawful to and for the Mayor of All Offences againftthrs tlie faid City of LorJon for the Time being, or any Alderman of the faid City, within the fa.d City deLmined ,1' a"u;^!^ ry or Liberties thereof; and to and for any other of his Majefty s Juftices of the Peace, or any one ot ^^y^ ^^^ Mae^hn/es them within their refpective Counties, Ridings, Divifions, Cities, Towns Corporate, Boroughs, withm their refpefiive Liberties or Juiifdictions, to hear and determine in a fummary Way, all Oft'enccs committed againll: Juriidiaions. the true Intent and Meaning of this Act ; and for that Purpofe to fummon before them, or any of Oftcndeis may be funr- them within their refpective Jurifdictions, any Party or Parties accufed of being an Offender or Of- "^°"'^ ' r an'y"fuc'h Magiftrate or'Magiftratcs, Juftice or Juftices, (hall illue his or their Warrant or Warrants for apprehending the Offender or Offenders within the Jurifdiction of any fuch Magiftrate or Ma- giftrates, Juftice or Juftices : And upon the Appearance of the Party or Parties accufed, or in cafe Matter of the Complaint he or they {hall not appear, on Notice being given to, or left for him or them, at his or their ufual o,^j' ^"|^7eJJ^'.'° y"^ Place of Abode, or if he or they cannot be apprehended on a Warrant granted againft him or them ^^ witneffis^-^ "'"'""'" as herein before is directed ; then and in any fuch Cafe, any fuch Magiftrate or Magiftrates, Juftice ' ' or Juftices, is and are hereby authorifed and required to proceed to make Inquiry touching the Mat- ters complained of, and to examine any Witnefs or Witneffes who lliall be offered on either Side, on Oath as aforefaid, and which every fuch Magiftrate or Magiftrates, Juftice or Juftices is and are hereby authorifed, impowered and required to adminifter ; and after hearing of the Parties who fiiall ^,"^,j „, ^J^Jj" ^J""" appear, and the Witnefles who ihall be oftered on either Side, fuch Magiftrate or Magiftrates,^ Juf- thereupon.^*^^"'"^ rice or Juftices fnall convict or acquit the Party or Parties accufed : And if tiie Penalty, or Money The Penalty on Non- forfeited, on any fuch Conviction, fhall not be paid within the Space of twenty-four Hours after payment thereof within any fuch Conviction, every fuch Magiftrate or Magiftrates, Juftice or Juftices, fhall thereupon iffue ^4 Hours, a Warrant or Warrants under his Hand and Seal, or their Hands and Seals reipectively, directed to. any Peace Officer or Officers within their refpective Jurifdictions, impowering him or them to make '^ '"J'^ '^""'/'y '^,^''«'s Difcrefs of the Goods or Chattels of the Oftender or Offenders : And if any Offender fliall convey gooI ami cLue!"of av/ay his Goods out of the Jurifdiction of any fuch Magiftrate or Magiftrates, Juftice or Juftices the Party ftaii be'rc- .before whom he was convicted, or fo much thereof that the Penalty cannot be levied, then fome moved into another ju ipon the Penalty forfeited fhall be levied on the Oftender's Goods and Chattels by Sale thereof jjmd if within live Days from the Diftrefs being taken, the Money forfeited fliall not and the Difliefs, if not ifed tices before whom any fuch Oftender or Offenders ihall have been fo convicted, or by the Magif- the Magiftrate, to be trate or Juftice who backed the Warrant, if either of them fhall co-itinue alive; and if not, by ^eduacd thereout ; fome other Magiilratc or Juftice of the County, Riding, Divifton, City or Place in which the Of- fender ihall have been convicSled ; and for want of fuch Dillrefs, then every fuch Magiftrate or Juf- ^"^ for want of Diflrc-rs ment of the Penalty and Chajges, by Warrant under his Hand and Seal, commit every fuch Of- fender or Offenders to the common Gaol or Houfe of Correction of the City or County, Riding, Divifion or Place where fuch Oft'ender or Oftcnders iliall be found ; there to remain for the Space ^"'^fs Payment bs of one Calendar Month from the Time of fuch Commitment ; unlefs after fuch Commitment, Pay- '"'>""■ "^aue. jnent fhall be made of the faid Penalty or Forfeiture, Cofts and Charges, before the Expiration of the faid one Colendar Month ; and all fuch. Penalties and Forfeitures, when recovered,. ihall be. paid to the Informer. XXXV. And be it further enacted by the Authority aforefaid. That if it ihall be made out bv the Po^ef to fummon ma* Oath of any credible Perfon or Pcrfons to the Satisfaction of any Magiftrate or Magiftrates, 'Juf- ^"'"^ ^^'^^"'^"" tice or Juftices, that any one witliin the Jurifdiction of any fuch Magiftrate or Magiftrates, Juftice or Juftices, is likely to give or oifer material Evidence on Behalf of the Profecutor of any OTfendcr or Offenders againft the true Intent and Meaning of this Ait, or on Behalf of the Perfon or Pcrfons accufed, and will not voluntarily appear before fuch Magiitrate Tcr Magiftrates, Juftice or Juftices, to be examined, and give his, her or, their Evidence concerning the Premiffes ; .every fuch Magiftrate «r Magiftrates, Juftice or Juftices, is and are hereby authorifed and required to iffue his or their Summons to coiivene every. fuch .Witnefs and Witneffes before any. fuch. Mag.iiti:ate or Magiftrates,, Juiti<sCX-
 * lice within whofe refpeclive Jurifdiclion any fuch Oftender or Offenders ihall refide or be, ihall on com^if '^"^ j^f '^ '",''*
 * he Application of any Profecutor or Profecutors, and Proof made of the Conviction and Nonpay- Monih^' ^^^