Page:Ruffhead - The Statutes at Large - vol 8.djvu/384

 o!) o C. 1 6. Anno tricefinio fecundo G e o r g 1 1 II. A. D. 1 7 5 8* refufing to be examined to the Houfe of Corrcvflion of the County, City or Place where any fuch Perfon ihall be apprehended, there to remain for any Time not exceeding one Month, nor lefs than one Week, as any fuch Juftice or Jufticcs fhall dire6l. Penalty of Witnefs not XXI. Provided always, and be it further enacted, That every Perfon who fliall be fummoned to appearing to the Sum- appear and give Evidence before a Juftice or Juftices of the Peace, concerning any Offence cogni- '"-"^E lde'*e''"ls! zable before him or them by this Ad, and fliall refufe or negle£l to appear according to fuch Sum- g.e VI ence, ^ . j-pons, or appearing fhall refufe to give Evidence, without offering fome juft Caufe, to be allowed of by fuch Juftice or Juftices, in Excufe for fuch NeglecSl or Refufal, fnall on being convi(5led thereof by fucli Juftice or Juftices forfeit and pay for every fuch Neglecl or Refufal the Sum of' to be recovered by Di- forty Shillings; to be recovered and levied by Diftrefs and Sale of the Goods and Chattels of the i fireis and Sale, Party convidfced of any fuch Neglect or Refufal, in like Adanner as any other pecuniary Penalty in-; and pa'd over for the currcd Under this A£l is hereby dire>S};ed to be recovered and levied ; and that all Money fo forfeited i Uie of the Poor of the fhall, when rccovcred, be paid and auplied for the Ufe of the Poor of the Farifti or Place in which L"i!I^detrKon''avment ^"^ ^"^l"* ^^g^^^"^ ^r Refufal Oiall be made ; but that no Warrant ftiall be ftgned by a Juftice or Ju-, of The Henahv^^and fticcs of the Pcacc for Committing to any Houfe of Correflion any Perfon v/ho fliall be convidled of want of Diftrefs, before fuch Ncglect or Refufal as afcrefaid, until it fliall have been proved by Oath, to the Satisfaction of Warrant of Coff.mit- fuch Juftlce Or Juftices, that the'Money. forfeited by fuch NeglecSl or Refufal hath not been paid ; ' menc be iffued. and Ijkewife that no fuftlcient Diftfefs can be found, v/ithin the Jurifdiclion of fuch Juftice or Ju- ftices whereon the Money fo forfeited may be recovered and levied. Juftices may back War- XXII. And it is hereby further enacted, i hat in cafe any Perfon, againft whom a Warrant ftiair rjnts of Apprchenfion or ije iflued by any Jufticc or Juftices before or after Conviction as aforelaid, for any Oft"ence againft £nde'r'^'oG^o7ds'ih3nb'e tbis Act, fliall efcapc, go into, refide, or be in any other County, Riding, Divifton, City, Li- cut of the Jurn'diaion" borty, Town Or Place, out of the Juri'fdiction of fuch Perfon granting fuch Warrant or Warrants or the Perion firft grant- as aforcfaid ; or if thc Goodi and Chattels of any Oftcnder convicted of any Oftence in purfuance iij^ the fame i of this Ait, fhall be in a dift'erent County, Riding, Divifion, City, Liberty, Town or Place, thaii where the faid Party was convicted, or Warrant of Diftrefs granted ; it fliall and may be lawful for any Juftice of thc Peace of the County, Riding, Divifion, City, Liberty, Town or Place, into whici) fuch Perfon fhall efcape, either before or after Conviction, or where his Goods and Chattels fliall be after fuch Conviction ; and they and every of them are hereby required, upon Proof made upon Oath of the Hand Writing of any Juftice or Juftices granting fuch Warrant or Warrants, to indorfe his or their Name or Names on fuch Warrant ; and the fame when fo in- dorfed, ftiall be a fufficient Authority to all Peace OlBcers to execute fuch Warrant in fuch other County, Riding, Divifion, City, Town or Place, out of the JurifdiCtion of the Perfon or Perfonc and may hear and deter- granting the faid Warrant: And any Juftice oi: Juftices refpedtively, on the Offender or Offenders mine the Complaint, being apprehended and brought before him or them within their refpeCtive Jurifdictions, may pro- •or remit the Offender to ^^^j ^.^ j^^^j. ^j-jj determine the Complaint in the fame Manner as if it had originally arofe within his th'^ {"ri-'irurWafrant? ^^ ^^^^^ refpedive JurifdiCtions, or may diredt the Offender or Offenders to be carried to the Juftice ^ ^ 'or Juftices who granted the original AVarrant, to be dealt with according to Law. XXIII. And be it further enaiSted by the Authority aforefaid. That the Juftice or Juftices before whom any Perfon fhall be convidted in Manner prcfcribed by this ACl:, fliall caufe every fuch Con- viction to be drawn up in the Form or to the EfteCl, folio wing : Jorm of Conviaion.^ _ ) « T^ E it remembered. That on the Day of in the 1 o wit, j- I jp Year of his prefent Majefty's Reign,^y/. B. is conviCted before ' (as the Cafe fhall happen to be) for _ and do adjudge ' Given under the Day and Year aforefaid.* w i I No Certiorari iffuable to XXIV. And be it further ena£ted by the Authority aforefaid, That no Certiorari, or other WM remove the Conviflion qj. Procefs, for Rcmoval of any fuch Conviction, or any Proceedings thereon, into any of his MaJ NoLTbe'pfofecuten i^^v'^ ^o^i^ts of Rccord at Wejlminjler^ fliall be allowed or granted; and that no Perfon who fliaj fecond Time for the fame bc profecutcd under this A6t for any Offence committed againlt the fame, and who fliall be there-! Offence. upon conviClcd, fliall be profecutcd or convicted for any fuch Oftence by or under any other Law whatfoever. Application of the Pe- XXV. And bc It further enat^ed by the Authority aforefaid. That all pecuniary Penalties anc naltics, not otherwifc Forfeitures which fliall incur and become payable under or by virtue of this ACt (the Applicatioi .lirefied how to be ap- vvhercof is not herein before direCted) fliall, when recovered, go and be applied in Manner follow ^ ing ; that is to fay. Where any Perfon or Perfons fliall be conviCted under tlie Authority of thi A6t, on thc View of any Juftice or Jufticcs, then the whole Money forfeited fhall go to the Poo of the Parifli or Place where fuch Offence fhall be committed ; and where any Perlon or Perfon fliall bc convicted by the Oath of one or more credible Witnefs or Witnelles, oi; his, her, or theil own Confcftlon, for any Offence againft this ACt not done on tlie River Thames^ one Moiety of th Penalty fo forfeited fliall go to the Poor of the Parifli or Place where any fuch Oftence Jhall be com iT.ifted, and the other Moiety thereof to or for thc Ufe of the Perfon or Perfons on whofc Infor mation any fuch Offender or Oft'endcrs fhall be conviCted ; and where any Party or Parties fliall b convided for any Offence committed againft this ACl on thc faid River Thamcsy then one Moief
 * of his Majefty's Juftices of the Peace for the County of or for the City o^
 * him, her or them (as the Cafe fhall be) to pay and forfeit for thc fame the Sum of