Page:Ruffhead - The Statutes at Large - vol 8.djvu/511

 A. D.I 759* Anno trlcefimo tertio Georgii 11. C; 27. 477 ting of Fifh in and at the Market oi Bill'mgfgate, or within one hundred and fifty Yards of BilUngf- rtff^ Dock, be ftridlly obferved ; and to lay Information from time to time before fome Juftice or and lay Information bc- luftices of the Peace of the faid City of London, againft every Perfon and Perfons whom the faid fore a proper Mapiftrate Under Baih'ff, or any Yeoman of the Waterfide for the Time being, fhalJ at any Time find or dif- of all OfFenders agamft cover to offend- againft the Statute, in order that every fuch Ofi-ender may be punifhcd as by the faid and th Su^e^vTor of the laft mentioned Statute is direded : And that from and after the faid twenty-fourth Day of June, tlie pifl, M^arket 7t Weft- Perfon or Perfons for the Time being, who is or (hall be appointed by the Truftees aforefaid to fu- minfter is to take Care, pervife the Fifh Market of the City of Wejlininjier^ fhall take Care to fee from time to time, that in like Manner, that tiie the Provifions hereby made concerning the Sale of frefh Fifli in the Fifh Market zt IVeJim'wJer, and aforefaid Provifions be for puni(hing Perfons who fhall have there in his, her or their Poireffion any Spawn, Brood or Fry fe^/efthere of any Kind of Fifh, or any unfizeable Fifli, or any Fifli out of Seafon, or any Smelts of lefs Size ' than five Inches from the Nofe to the utmoft Extent of the Tail thereof, fhall be enforced and car- ried into Execution : And if the UnderWater Bailiff, or any Yeoman of the Waterfide of the faid City of London, for the Time being, or the Perfon or Perfons appointed, or to be appointed as afore- faid to fiipervife the faid Fifh Market of the City of Wejhmvjier, or any of them, fhall at any Time be negligent, or offend in the Premiffes, and fhall be convidlcd of any fuch Negle6t or Offence, either on his own ConfefTion, or by the Oath of one or more credible Witnefs or Witneffes, be- on Penalty of their re- fore any Juftice or Tuftices of the Peace within whofe Jurifdiclion any fuch Neglect or Offence ^P^'^'^'^'z f°f'''e'ting, for ihall be committed, every fuch Offender fhall, for every fuch Offence, forfeit and pay the Sum of ^^^ij^'f/jj^y"' ^j^"'^'"" five Pounds. XV. And be it alfo ena6ted by the Authority aforefaid. That any Juftice or Juftices of the Peace Recovery and Applica- as aforefaid, within his or their refpeitive Juriididion fhall, on Application to him or them for that tion ot the Forfeuures. Purpofe made, grant his or their Warrant under his Hand and Seal, or their Hands and Seals, to levy any Money which fhall be forfeited by virtue of this Ad^, on the Convidlion of any Offender or Offenders, by Diftrefs and Sale of the Goods and Chatties of the Perfon and Perfons who fhall be convidled of any Offence againft this A£t, together with the Cofts of every fuch Diftrefs and Sale (except in the Cafes herein before particularly provided to Charge the Owners of fuch Fifhing Ship, Sloop, Smack, or other Fifhing Veflel or Veifels) ; and that one Moiety of all the Money which fhall be forfeited for any Offence committed againft this Adl (the Application whereof is not herein be- fore particularly appropriated) fliall, when recovered, go and and be paid to the Perfon or Perfons who fliall profecute to Convidion any fuch Offender or Offenders ; and the other Moiety thereof, except where the Convidlion fhall be for any Offence committed in the City of Wejlminjier, or for not making the Entry at the faid Coaft Office of the Time of the Arrival of any fuch Fifhing Ship, Sloop, Smack, or Fifhing Veflel, at the Nore as aforefaid, fhall go and be paid to and for the Ufe of the Poor of the Parifh in which any fuch Offence fhall be committed : And where any Con- vidlion fhall be for any Offence committed in the City of IVeJim'tnJler, or for not reporting, as herein before is diredled, the Time of the Arrival of any fuch Fifliing Ship, Sloop, Smack or Veffel, at the faid Coaft Office as aforefaid, the faid other Moiety of the Money which fhall be forfeited on any fuch Convidtion, fhall go and be paid to the Truftees appointed to put the faid recited Acts in Execution, to be placed by them, or any five or more of them, or their Order, to the General Ac- count of Surplus of Profits arifing from the faid Fifh Market in Weftminjier, and to be appropriated as the faid Surplus in the faid Adt in the faid twenty-fecond Year of his prefent Majefty's Reign is diredted : And if fufficient Diftrefs at any Time cannot be found, wherefrom the Money which For Want offufficient Ihall be forfeited by any Offender or Offenders againft this Adl can be levied on his, her or their Diftrefs whereon to Jevy Goods and Chatties, then, and in any fuch Cafe, every fuch Offender and Offenders fhall, by ^ny Forfeiture, the Of- Warrant under the Hand and Seal, or Hands and Seals, of one or more fuch Juftice or Juftices di- tef an^ke t'toS'" redted to fome Peace Officer, be apprehended, if he, fhe or they can be found, and be committed LaboTr, fo?any Thne to fbme Houfe of Corredtion of the County, City or Place where any fuch Offender fhall be appre- not exceeding 3 Months, bended, there to remain and be kept to hard Labour for any Time not exceeding three Months, as any fuch Juftice or Juftices fhall order, unlefs the Money which fhall be forfeited by fuch Offender ' or Offenders fhall be fooner paid. XVI. Provided always and be it further enadled. That no Perfon fhall be punifhed for any Of- Limitation of Prof.-cur fence againft this Act, unlefs a Profecution fhall be commenced againft him for the fame within *^'°°^* two Months after every fuch Offence fhall be committed, or who fhall have been punifhed for any fuch Offence under any other Law; and that where any Perfon fhall be committed to any Houfe of Corredtion for Default of Payment, or for want of fufficient Diftrefs being met with to anfwer any Penalty incurred by any Offence againft this Adt, and fhall remain there during the Time for which he, fhe or they fhall be fo committed, no fuch Perfon fhall be liable afterwards to be profecuted again for Nonpayment of fuch Money forfeited ; and that any Perfon who fhall inhabit in any Parifh in Inhabitants deemed coa.!- which any Offence againft this Adl fhall be committed, fhall, notwithftanding fuch Inhabitancy, be petent Witneffes. allowed and admitted to be a competent Witnefs. XVII. Provided alfo, and be it likewife enadted by the Authority aforefaid. That any Juftice or Mitigation of fmaJler Juftices of the Peace before whom any Offender fhall be brought and convidted of any Offence *^<^"^"'«'' againft this Adl, fhall and may, from time to time, as he or they fhall fee Occafion, mitigate any of the Penalties under the Sum of five Pounds hereby inflidted, fo as fuch A4itigation doth not at any Time extend to remit above one Half of the Penalty inflidted for any Offence committed againft this hOi 3 and every fuch Mitigation fhall be a fufficient Difcharge to the Perfon