Page:Ruffhead - The Statutes at Large - vol 8.djvu/105

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A. D. 1757. Anno tricefimo Georgii II. C. 23. 71 and Chattels, by Warrant under the Hand and Seal of any Juftice of the Peace ; and for want of fufficieiit Diftrefs, fuch Juftice is hereby impowered and required to commit fuch Oft'ender to the Houfe of Coirec- tion, or fome other Prifon of the County, Riding, Divifion or Place in which the Offence fliall be couJJCnitted, or the Offender fliall have been apprehended, there to remain and be kept to hard Labour, foT any Time not exceeding one Month. X. And be it further enabled by the Authority aforefaid. That all Penalties and Furfeitures for Of- Application of fences againft this A(5l on the publick Highways, {hall be applied, one Moiety to the Informer, and ^"ffitures n.r the other Moiety to the Surveyor or Surveyors of the Highways in the Parifli wherein fuch Offence fh;ill Hig^^^^j"" ^^* be committed, to be by fuch Surveyor or Surveyors applied in the Repair of the Highways within fuch refpeilive Parifli. XI. And be it further enacted by the Authority aforefaid. That if any Perfon who fiiall be apprehended Offender being for having committed any Offence againft this A61, fliall refufe to difcover his Name and Place of Abode, apprehended, to the Juftice or Juftices before whom he fliall be brought, fuch Perfon fo refufing fliall be immediately En^";"^'^^ delivered over to a Conftable or other Peace Officer, and ihall by him be conveyed to the common Gaol, Abode, to ic or Houfe of Corrcdtion, of the County or Place where the Offence fliall be committed, there to remain committed, until he fhall declare his Name and Place of abode to the faid Juftice, or to fome other Juftice of the faid County or Place. XII. And be it further cnafted by the Authority aforefaid. That the pecuniary Forfeitures by this A£l Pecuniary For- incurred, and for levying whereof no Provifion is herein before made, fliall and may be levied by Diftrefs 'eituns.not be- and Sale of the Goods and Chattels of every fuch Offender (rendring to him the Overplus, after the ["^^f'j°^|j*^*"°» Charges of the Diftrefs and Sale fhall be deducted} by Warrant under the Hand and Seal of the Juftice Diftrefs and Sale before whom the Offender was convicted; and one Moiety of all v/hich pecuniary Forfeitures, whereof of the Offender'* the Application is not herein before directed, fliall be paid to the Perfon or Perfons who fliall pro- Goods, fecute to Conviction any Offender or Offenders againft this A61 and the other Moiety thereof fliall be Appiicatiqa paid to the Overfeers of the Poor, if there fliall be any, of the Parifli or Place in which the Offence thereof. fhall be committed, or the Offender fliall have been apprehended ; and if there fliall be no Overfeers in fuch Parifli or Place, then to fome other Officer of fuch Parifli or Place, for the Ufe of the Poor of fuch Parifli or Place. XIII. And be it further ena£led by the Authority aforefaid. That any Perfon or Perfons who fliall fee offenders may any of the Offences herein before mentioned, and intended by this A£l to be redreffed, committed, fliall be apprehended and may by the Authority of this A£t, and without any other Warrant, apprehend the Offender or Of- fcysny Perfons fenders, and fliall with all convenient Speed then afterwards convey or deliver every fuch Offender and ^«ing the Of- Offenders to a Conftable, or fome other Peace Officer of the County, City or Place in which the Offence f«n« "'"n^'tted. fhall be committed, or the Offender fhall be apprehended, in order to be conveyed before fome Juftice of the Peace of fuch County, City or Place, there to be dealt with according to Law. XIV. And be it further enadted by the Authority aforefaid. That in all Actions, Suits, Trials, inj^atit^nts of and other Proceedings iji purfuance of this A61, or in relation to any Matter or Thing herein con- the Place vhere tained, any Inhabitant of the Parifli, Town or Place in which any Offence or Offences fhall be any Offence /hail committed, contrary to the true Intent and Meaning of this A(Sl, or the faid herein before recited ^'^ '^°'"'"'"*^'^' A^, fhall be admitted to give Evidence, and fhall be deemed a competent Witnefs, notwithftanding tvi^ie"|rjf^*^ his, her or their being an Inhabitant of the Parifli or Place in which any fuch Offence or Offences ihal! ' "*" '^' have been committed. XV. And be it further ena£led by the Authority aforefaid, That no Perfon, who by virtue of this Aci offenders fhall be puniftied for any Offence or Offences by him, her or them committed, fliall be puniflied for the niihed under* fame Offence or Offences under any other Law or Statute ; and that if any Adtion or Suit fhall be com- this Aa, not menced againft any Perfon or Perfons for any Thing done in Purfuance of this A(5r, the Defendant or P"^^at'le for Defendants in any fuch Adion or Suit, may plead the General Iffue, and give this A61 and the Special 9"^ '-Jine Offence Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in purfuance and by ^^"yotnsr. the Authority of this Ad ; and if it fliall appear fo to have been done, a Verdia fliall be reco.-ded for ^^'^■^'"^ ^^^■ the Defendant or Defendants; and if the Plaintiff Ihall be nonfuited, or difcontinue his Adion, after the Defendant or Defendants fhall have appeared; or if Judgment fhall be given upon any Verdi6l or Demurrer againft the Plaintiff, the Defendant or Defendants fhall and may recover double Cofts,_ p ^ «  and have the like Remedy for the fame, as any Defendant or Defendants hath or have i,i other "' Cafes by Law for Recovery of his or their Cofts, CAP. XXIII. An A61 for enabling his Majefty to raife the Sum of one milTicn, for the Ufes and Furpofcs therein mentioned. ■^o/^ gracious Sovereign^ E your Majefty's moft dutiful and loyal Subjeds, the Commons of Great Britain in Parliament , , affembled, having taken into our fer'ious Conftderation your Majefty's moft gracious Meffage, fignifying your Majefty^s Defire to be enabled by your faithful Commons, to defray any extraordinary Expences of the War, incurred or to be incurred, for the Service of the Year one thoufiind kGn hun-

  • dred and fifty-fevcn, and to take all fuch Meafures as may be neceffary to difappoint or defeat any Ea-

' terprizes or Defigns of your Majeft's Enemies, ajid as the E,igency of Affairs may r.quirc, haverelolved ' to

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