Page:Ruffhead - The Statutes at Large - vol 8.djvu/99

 A. D. 1757* Anno tricefimo Georgii II. C. 21. 65 one or more credible Witncfs or Witnefles, before the faid Mayor, Recorder or Aldermen, of the faid City or any one of them (and which Oath the faid Mayor, Recorder and Aldermen or any one of them, is and are hereby authorized to adminifter) fuch Water Bailiff' and his Alfiltants refpeilively, for every fuch OiTence fli ;11 forfeit and lofe the Sum of five Pounds. ' red by Difobedience to this A61:, and the Powers therein contained, and diipoftng of the faid Forfci- aforefaid, That it fhall and may be lawful to and for the Mayor of the faid City of Londvi for the Time Method of Re- beino-, Recorder and Aldermen of the faid City, or any one of them, within the faid City, or Liberties covery, an^ Ap- thereof, or within the Jurifdiftion aforefaid, and to and for any other of his Majefly's Juftices of the pl'c^tion ot tli« Peace, or any one of them, within their refpetStive Counties, on the Convidlion of any Perfon or Perfons '^^'^"'^*' for any Offence or Offences committed contrary to the true Meaning of this Act, the Forfeiture not be- ino- paid, to iiTue a Warrant or Warrants under his Hand and Seal, or their Hands and Seals refpedtively, diredied to the Affiftant or Afliilants of the faid Water Bailiif, or any Peace OfHcer, withiji their refpec- tive Jurifdic^ions, impowering him or them to make Diftrel's of the Goods and Chattels of the faid Of- fender or Offenders, for the Sum to be levied by any fuch Warrants; and tocaufe fuch Goods and Chat- tels, after five Days from the Diftrefs taken, to be appraifed and fold, rendering the Overplus, if any, after deducting the Forfeiture and the Cofts and Ciiarges of the Diftrefs and Sale, to the Owners; v/hica Charges iLall be afcert.uned by the Magiitrate before whom fuch Offender or Oii^enders fliall have been fo convicted ; and for want of fuch Diftrefs and Non-payment, then it fhall be lawful for the faid Mayor, for want of Di- Recorder, Aldermen and Juftices, or any one of them, within their refpedtive Jurifdi6lions, by Warrant ^'■^/^' °^'^"'^" under his Hand and Seal, to commit fuch Offender or Offenders to the Common Gaol or Flou'fe of Cor- f°j. f^ij^^J-hs.'^ region of the City or County, where fuch Offender or Offenders (hall be conviiffed, there to remain for ' the Space of three Months from the Time of fuch Commitment, unlefs Payment ihall be made of the faid Penalty, Cofts and Charges, before the Expiration of the faid three Months ; and one Moiety of all fuch One Moiety of Penalties and Forfeitures, when recovered, (hall be paid to the Informer, and the other Moiety thereof *^^!'^"J'y^°^ Ihall be paid to the IVeafurer of Greemvich Hojpital aforefaid, for the Ufe of the faid Hofpital ; but in cafe Jhettherlo"""' any fuch C3ffender or Offenders fhall think him or themfelves aggrieved by fuch Convidlion, and fhall Greenwich Hof- within the faid five Days enter into a Recognizance with two good and fufficient Sureties, in the Penal pital. Sum of twenty Pounds, before fuch Magiftrate or Magiftrates, before whom he, fhe or they, fhall be fo If the Offender, convi£led, (which faid Recognizance fhall be returned, within the faid Space of fourteen Days, to the aggrieved by fuch laid Court of the Mayor and Aldermen) conditioned for his Perfonal Appearance at fome Court of the ^""^'.^'°"' '^^'^ laid Mayor and Aldermen of the ftiid City, to be holden within fix Weeks after the acknowledging fuch co!dza"'^ce''v^t^fi Recognizance, or at the next Court ofConfervacy to be held for the County in which fuch Offence sureties, to abide fhall be committed, and to ftand to and abide fuch Order as Ihall be made in the Premiffes by fuch Court, the Order of the then the Goods fo diftrained Ihall be returned to the Party or Parties from whom the fame were taken; Court, and the faid Court of Mayor and Aldermen, or Court ofConfervacy, is hereby impowered and dire6led the Diftrefs is to upon a Petition of Appeal prefented to them, by the Party or Parties fo convided, complaining of fuch be returned; and Convidlion, to appoint a Time for the hearing and determining the Matter of fuch Appeal, and there- ^nj ^ete'rm'in^e ^"^ upon to caufe Notice to be given to the Parties, and to fummon Witnefles to attend at the Time fo ap- fuc^ Ipp^'l"* pointed, and then to examine fuch Witneffes upon Oath, and finally to hear and determine the Matter of fuch Appeal or Complaint, and make fuch Order therein, as to fuch Court fhall feem meet ; and the faid ^""^ ^ mitigate Courts refpeftively Ihall, and they are hereby impowered to order all or any of the Penalties laid on or vacate7l!e Con- incurred by any of the Parties complaining, to be mitigated, or to vacate or fet afide fuch Conviction or via^n, or con-' Convictions, or otherwife to ratify and confirm the fame, and at their Difcretion to award fuch reafon- firm the fame able Cofts to be paid by the Appellant, as to them fliall feem meet ; and the faid Court of Mayor and Al- with Cofts; dermen, or Court of Confervacy, may, on Forfeiture of any fuch Recognizance, eftreat the fame into 3"<^°"f°''f«'t"i'e his Majefty's Court of Exchequer^ there to be proceeded upon and executed in the fame Manner, as of R«ognizance, Eftreats returned to the faid Court oi Exchequer^ from any Court ofConfervacy held by the faid Mayor ^°^^^"^*'^^ of the faid City, are. _ Szh'^a^Zx.^ XII. And be it further enaded by the Authority aforefaid, that the Mayor, Recorder or any Alder- man or Juftice before whom any Perfon fhall be convicted in Manner prefcribed by this A61:, fhall caufe fuch refpedive Convidion to be drawn up in the Form, or to the Effect following ; that is to fay. To wit. ' TD E it remembered, That on this Day of in the FormofCon- C ^-v— i< ' JD Year of his Majefty's Reign, A. B. is convidled before me, one of his Majefty's Tuftices v^'°"» .* of the Peace for the City or County of {as the Cafe fnall happen to' be) for, * ^ {here fet forth the Offence) and 1 do adjudge him to pay and forfeit ' for the fame the Supi of And the faid Mayor, Recorder, Alderman or Juftjce before whom fuch Convidion fhall be had, fhall to be written on caufe the fame fo drawn up in the Form aforefaid, to be fairly written upon Parchment, and tranfmitted Parchment, and to the Court of Mayor and Aldermen, or Court of Confervacy, to be filed and kept amongft the Records tranfmitted to of the faid Court, to which the fame (hall be tranfmitted ; and in cafe any Perfon or Perfons fo conviiSfed ^'^'^^o"" to be ihall appeal from the Judgment of the faid Mayor, Recorder^or any Alderman or Juftice as aforefaid, to''^'** the faid Court of Mayor and Aldermen, or Court of Confervaty, the faid Court of Mayor and Aldermen, Vol. VIII. K or
 * XI. And, for the better and more eafy Recovery of the feveral Penalties and Forfeitures to be incur-
 * tures, where no particular Provifion is already made, herein/ Be it further enacted by the Authority
 * Given under my Hand and Seal, the Day and Year aforefaid.'