Page:The country justice. containing the practice, duty and power of the justices of the peace, as well in as out of their sessions.djvu/632

496 tainted or convicted of Treaſon or Felony, except petty Larceny, or lawfully committed to, or detained in any Gaol for Treaſon or Felony, except petty Larceny, expreſſed in the Warrant of Commitment or Detainer, every ſuch Offender, being lawfully convicted, ſhall be adjudged guilty of Felony, and ſhall be tranſported to America, for ſeven Years; and if ſuch Priſoner then was convicted of, committed to, or detained in any Gaol for any Crime, not being Treaſon or Felony, or then was in Gaol upon any Proceſs for Debt, &c. amounting to 100l. every Perſon ſo offending, and being lawfully convicted, ſhall be adjudged guilty of a Miſdemeanor, and be liable to a Fine and Impriſonment.

If any Perſon ſhall convey, or cauſe to be convey'd, any Diſguiſe, Inſtrument, or Arms, to any Priſoner in Gaol, or to any other Perſon for his Uſe, without the Conſent or Privity of the Keeper or under Keeper, ſuch Perſon, altho' no Eſcape or Attempt be actually made, ſhall be deem'd to have delivered ſuch Diſguife, &c. with an Intention to aſſiſt ſuch Priſoner to eſcape or attempt to eſcape; and if ſuch Priſoner then attainted, or convicted of Treaſon or Felony, except petty Larceny, or lawfully committed to, or detained in any Gaol for Treaſon, or Felony, except petty Larceny, expreſſed in the Warrant of Commitment or Detainer, every ſuch Offender being lawfully convicted, ſhall be adjudged guilty of Felony, and ſhall be tranſported to America for ſeven Years; but if the Priſoner then was convicted, committed, or detained for any Crime, not being Treaſon or Felony, or upon any Proceſs for Debt, &c. amounting to 100l. every ſuch Perſon ſo offending, and being lawfully convicted, ſhall be adjudged guilty of a Miſdemeanor, and be liable to a Fine and Impriſonment.

If any Perſon ſhall aſſiſt any Priſoner to attempt to eſcape from any Conſtable, or other Officer or Perſon who ſhall then have the lawful Charge of ſuch Priſoner, in order to carry him to Gaol, by Virtue of a Warrant of Commitment for Treaſon or Felony, except petty Larceny, or if any Perſon ſhall aſſiſt any Felon, to attempt his Eſcape from any Boat or Veſſel carrying Felons for Tranſportation, or from the Contractor for the Tranſportation of ſuch Felons, or his Agents, &c. the Offender being lawfully convicted, ſhall be adjudged guilty of Felony, and ſhall be tranſported to America for ſeven Years.

All Proſecutions for any of the ſaid Offences, ſhall be commenced within a Year after the Offence committed.

If any Perſon who ſhall be order'd for Tranſportation, ſhall return, or be at large in any Part of Great Britain, without ſome lawful Cauſe, before the Expiration of the Term for which he was ordered to be tranſported, he ſhall be liable to the ſame Puniſhment, and to the like Methods of Proſecution, as other Felons tranſported, or ordered to be tranſported, are liable unto by Virtue of the Laws now in Force.

By the 17 Geo. 2. cap. 3. it is enacted, That the Church-wardens and Overſeers of the Poor, or other perſons authorized to take care of the Poor, ſhall cauſe publick Notice to be given in the Church, of every Rate for Relief of the Poor, allowed by the Juſtices, the next Sunday after ſuch Allowance is obtained; and no Rate ſhall be reputed ſufficient to be collected, till after ſuch Notice given,

The Church-wardens and Overſeers, or other Perſons authorized, ſhall permit any Inhabitant to inſpect ſuch Rate at all ſeaſonable Times, paying one Shilling; and ſhall give Copies on Demand, being pay'd Sixpence for every 24 Names.

If any Church-wardens, &c. ſhall not permit any Inhabitant to inſpect, or refuſe to give Copies, as aforeſaid, he ſhall for every ſuch Offence forfeit 20 Pounds to the Party aggrieved; to be ſued for and recovered in any of his Majeſty's Courts of Record, wherein no Eſſoin, &c. or more than one Imparlance ſhall be allowed.

By the 17 Geo. 2. cap. 5. the Statute of 13 Geo. 2. cap. 24. inſerted Page 484. ſupra, is repealed. As there are many Clauſes common to both Acts, we ſhall here chiefly take notice of the Sections wherein they diner,

Sect. 1. A Juſtice may convict Offenders by his own View; the reſt of this Clauſe as alſo §. 2 and 3, are to the ſame effect, as in the ſaid 13 Geo. 2.

Sect. 4. The ſame in effect as §. 4. pag. 484 ſupra, and Perſons refuſing to be conveyed by Paſs, according to the Act, ſhall be deemed incorrigible Rogues.

Sect. 5. Any Perſon may apprehend Offenders, and the Penalty on Officers &c. neglecting their Duty; the Reward for taking up Vagabonds, and the Penalty on not paying the Reward, are to the ſame Effect as in §. 5. pag. 485 ſupra.

Sect. 6. Directs privy Search as in §. 6. pag. 485, and alſo that every Juſtice ſhall, on receiving Information that Rogues and Vagabonds are within his Juriſdiction, iſſue his Warrant to the proper Officer to apprehend them, and ſuch Rogues, &c. may be brought before any Juſtice of the ſame County, &c.

Sect. 7. Rogues, &c. thus apprehended, are to be examined by ſuch Juſtice upon Oath, as in §.7. pag. 485, ſupra, and ſuch Examination is to be ſigned by the Perſon examined, as well as by the Juſtice, to be tranſmitted to the next General or Quarter Seſſions, &c. All ſuch Perſons apprehended, ſhall be publickly whipt, or ſent to the Houſe of Correction to remain until the next General or Quarter Seſſions, or leſs time, as the Juſtice ſhall think proper; after Whipping or Confinement, the Juſtice may, by Paſs under Hand and Seal, in the Form hereafter directed, cauſe ſuch Perſons to be conveyed to the Place of their laſt legal Settlement; but if that cannot be found, then to the Place of their Birth; or if they be under 14 Years, and have Father or Mother living, then to their Abode, there to be delivered to ſome Church-warden, &c. The Form of the Paſs is as follows. To