Page:Ruffhead - The Statutes at Large - vol 8.djvu/374

 3+0 /pp?H-3t'oD of the f'enaJty. LImititioa cf Actions, General IfTue, Treble Coftj. PubJick Aa» C. 14. Anno tricefimo fecundo Ge org 11 11. A. D. i75^J Offender's Goods and Chatte]s, by Warrant from any one or more Juftice or Juftices of the Peace for the faid County of Huntingdon ; which Warrant fuch Juftice or juftices is or are hereby re- quired to grant upon Proof of the Offence by one or more credible Witnefs or Witnefies, upon Oath (which Oath fuch Juftice or Juftices is or are hereby impovvered and required to adminiftcr without Fee or Reward) and the Overplus remaining, after fuch Forfeiture and neceflary Charges, are deducted, fha!! be returned to the Offender; and iuch Penalty, when recovered, fhall be paid to the faid Commiffioners, or any five or more of them, or to fuch Perfon as they fliall appoint, and fhall be applied towards defraying the Expence of putting the faid former A61 and this prcfent Adl in Execution; and in cafe fufiicient Diftrefs cannot be found, fuch Juftice or Juftices fliall, by the- fame or any other Warrant, comm.it any fuch Offender to the Houle of Corre6tion for any Time not exceeding two Calendar Months. XII. And be it enacted by the Authority aforefaid. That if any A£lion, Suit or Information fhall- be commenced or profecuted againft any Perfon or Perfons for any thing done or to be done in pur- fuance of this Act, or in Execution of any of the Powers and Authorities hereby given ; every fuch> Action, Suit or Information fhall be commenced or profecuted within fix Calendar Months next after the Fa£t committed, and not afterwards, and fhall be laid or brought in the County of Hun^ tifigdon^ and not elfewhere ; and the Defendant or Defendants in fuch Action or Suit fhall and' may plead the General Iffue, Not guilty; and if in Replevin, may Juftify and avow by virtue of this Act, as Perfons adting by the Authority of Commillioners of Sewers are enabled to do, and give this Act and the Special Matter in Evidence, without fpecially pleading the fame (other than as. aforefaid) at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this Act ; and if the fame fliall appear to have been fb done, or if any fuch Action or- Suit fhall be brought after the Time before limited for bringing the fame, or fhall be brought in any- other County ; then the Jury fhall find for the Defendant or Defendants, Avowant or Avowants; or if the Plaintiff or Plaintiffs {hall become nonfuit, or forbear Profecution, or difcontinue his, her or their Suit or Suits ; or if any VerdiiSt fhall pafs againft him, her or them, upon Demurrer, or otherwife ; then in any of the faid Cafes, the Defendant or Defendants, or Avowant or Avowants,, Ihali recover Treble Cofts, for which he, fhc or they f hall have like Remedy as where Cofts by Law- are awarded. XIII. And be it further enacted. That this A(£t fhall be deemed, taken and aJlowcd to be tu Publick A6t ; and all Judges^ Juftices, and other Perfons, arc hereby req^u i red ta take Notit'C-- thereof as fuch without fpecially pleading the. fame. c A P. xir:. An A61 for the more regular and eafy colleding, accounting for, and paying, of PoIB: Fines, which fliall bs due to the Crown, or to Grantees thereof under, the Crown ; and- for the Eafe of Sheriffs in relpet^t lothe fame.. WHERE AS. great Trouble and Expence arife in the Execution of the Office of Sheriff"^ by the prefent Method of collecting, accounting for, and paying, of Poft Fines, which become due to the Grown, or to Grantees or Proprietors thereof under the Crown, by reafoii. that the Perfons from whom fuch'Poft Fines are due, arc frequently uiiknown to the Sheriff', and • rtfide out of his County ; and the Pariihes, Towns, Precincts, or Places in which the Lands lie, whereof the Fine was levied, are frequently mifnamcd, whereby the Sheriff is unable to find out. , the fame. And forafmuch. as the Sheriff of every County, on the pailmg his Accounts, is obliged' to pay to the Crown, before he can obtain h& .ihdetus^ the feveral and refpcCtive Pcvft Fines, charged upon him, many of which he is never able to collect in and receive, to his manifefl Lofs-. I J7/rf A ^"'^ Commons, in this prefent Parliament affemWed, and by the Authority of the fiime, That on I'i i/. 7. f. 15. ' all and every Writ or Writs of Covenant which, from and after the firlt Day of Trinity Term one- c. iS. 34<^'' 35 thoufandfi'vcn hundred and fifty-nine, ftiall i)e I'ued out for the pa-ling of Fines in'his Majcfiy's- C.76. atf 3AV. 6.Court of Common Plens at JVelhmnJ}a the Officer or Officers, wKofc Duty it is to fet and indorfe- | iMar. jt.i.c. 8. the Prefinc payable thereon, 'fhall alfo at t!ie fame 'Lime, fct the ufual Poft Fine, and indoifc the- fame on the Back of the faid Writ or Writs, togctlier with his cr their Name or Names, or Mark.. i-'M^Ctfr. 2. f*f Office thereto, in the like Manner as the fame arc now indorfcd or flam])t at the Office called gJ.-i. c. js The King's Silver Office which faid Poft Fine or Poft Fines fhall be forthwith paid to the Receiver 20 Gee. 1. f. 37, of Prehnes at the^lVlienation Office, for the Time being, together with the Smn of four Pence, as for firrer Prwifict" ccn- < (11 rung Skenffs rtfer to c J 3 bd. 1 . f . 39. 27 Ed, 4 J. fi. I. c. 2. xZEd. I. f. 2fefi3. t) Ed. 2. J}. 2. J4 EJ^z, t. I. i Ed. 3. * p. 2. c. 4. zEd. 3. f. 4. ' 5 Ed. 3. c. 4. ii.Ed. 3. ( t. jf^ i). aSJi. 3,c. 7 t 3. f. 9. 1//.4- f. 5. * I H. ;. f. 4. 4//. 5. f c. 7. 1 n.% C- 4.. J /VlJr. Jt.2. c 8/.V. c 16. z-jEl.c. 12 29 £.'. c. t^ a: Jac. i. f. 5. 13 'r 14 Car. 2. c. 21. fef 16 & I), 42 Ed- 1 R. z. c. II. c. II. 4 ]t. 4 M* ^i" AP^' *^b • ^^^ ^^^ ^^^ receiviiig the fume, infteud and in lieu of the Fee of four Pence charged on Lands, Tc- XifJ on th7Bnk^'f' "cments and Ilvreditamcnts, and payable to Sheriffs, PiiilifFs, and others, on difchargin": the fame the Writ, hy the C)fi?«r by w<in i* 10 (I'A the Pre- yfi fine, to2«i her with hi* Jidng ou't thcir Patent! oifd paJJiHi^ _, _, , N^n.c, or Mark of jyo;- and after the faid firft Day of 5 W«/Vy Term one thoufand fcvcn hundred and fifty-iunc, fhall Office: bo'h i^ir.cs to he ' -^ f4iii together to the Rsteivcr of AcPitfincs at the Alienation Office, with 4 d, for his Fee, i.iftead of the Fine ijranted-by. Aft 3 Ceo. i. ncmeins and livreoitamcnts, and payable to ahentts, Ijaintts, and otncrs, on uilcnarging the lame, by virtue of the A-dt of the third Year of his late Majelly King Georiie the Firft, intituled* yin A^.t f'jT the better regulating the Office of Sherljf's ; and for afc.rtainiiig their Fce!^ t.nd the F/es for Qiing out their Patent! and paffing their Accounts ; which f lid Fee of four I^cncc, by the faid Aii granted* ceafdi
 * and Detriment; For Remedy whereof, and for the Eafe of Sheriffs in the Execution of their
 * Office, May it pleafe your Majefty that it may be cnadted ;' And be it enaiSted by the King's,
 * • mcft Kxccllent Majefty, by and with the Advice and Confer.t of the Lords Spiritual and I'cinporal,.