Page:Ruffhead - The Statutes at Large - vol 2.djvu/542

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49 2 to be ufed about Kjjbways, What Officers may inquire of Offences. C. 9. Anno fecundo & tertio Philippi & Marine. A. D. 155^. fhall not be thought needful by the Supervifors to be occupied upon any of the faid Days, that then every fuch Perfon that ihould have fent any fuch Carriage, fhall fend to the faid Work for every Carriage fo fpared two able Men, there to labour for that Day, upon Pain to lofe for every Man not fo fent to the faid Work, ■KeccGTiry Tods twelve Pence. ,(7) And every Perfon and Carriage abovefaid fhall have and bring with them fuch Shovels,. ""," be / . brou .; : ht Spades, Picks, Mattocks, and other Tools and Inftruments, as they do make their own Ditches and Fences- withal, and fuch as be neceffary for their faid Work: (8) And all the faid Perfons and Carriages fhall do -and keep their Work as they mall be appointed by the faid Supervifors, or one of them, eight Hours of every of the faid Days, unlefs they fhall be otherwife licenced by the faid Sup.-rvifors, or one of them. (9) And be it enacted by the Authority aforefaid, That the Steward and Stewards of every Leet or Law-Day fhaJl therein have full Power and Authority to enquire by the Oaths of the Suiters, of all and every the Offences that fhall be committed within the Leet or Law-Day, againft every Point and Article of this Efta- lute, and to affefs fuch reafonable Fines and Amerciaments for the fame, as fhall be thought meet by the faid Steward : (10) And in Default of fuch Inquiry or Prefentment, the Juftices of Peace of every Place or County fliall have Authority tr> enquire of the fame Offences which fhall be committed within the Limits of their CommiiTion at every their Quarter-Seffions, and to affefs fuch Fines therefore as they or two of them, Whereof one to be of the Quorum, fhall think meet: (11) And the Steward of every Leet and Law-Day fhall make Eftreats indented of all the Fines, Forfeitures and Amerciaments for the Defaults prefented be- fore him, an;! fhall deliver the one Part thereof fealed and ftgned by him, to the Bailiff and High Conftable of every Hundred, Rape, Lathe or Wapentake wherein the Defaults fhall be prefented, and the other Part to the Conftable and Church-wardens of the Parifh wherein the Defaults were made; the fame to be yearly delivered within fix Weeks after the Feaft of Saint Michael the Archangel: (12) And the Clerk of the Peace fhall make the like Eftreats indented, of the Fines, Forfeitures and Amerciaments, for the Defaults prefented before the juftices of Peace, and fhall feal, fubferibe and deliver the fame in like Sort as is afore- faid; (13) the which Eftreats, and every of them, jftiall be a fufficient Warrant to the faid Bailiff or Chief Conftable to levy the faid Amerciaments, Fines and Forfeitures by way of Diftrefs : ( 14) And if no fufficient ^^^'^/"Diftrefs can be found by the faid Bailiff or Head Conftable, or if the faid Offender fhall obftinately refufe the Forfeitures. ' t0 -P a y the faid Amerciament, Fine or Forfeiture, and do not pay the fame within twenty Days altera lawful Demand of the fame by the faid Officer, that then every fuch Perfon to forfeit the double Sum that he fhould before have paid. III. And be it further enacted, That every of the fail Bailiffs and Head Conftables fhall at leaft once every Year, betwixt the firft Day of March and the laft Day of April, make a true Account and Payment of all fuch Suirs of Money, to the Conftable and Church-wardens of every Parifh wherein the Offences were committed, or to two of them, as he fhall have collected upon any of the faid Eftreats, upon Pain to forfeit for every Time he fhall not fo do, forty Shillings. IV. And be it enacted by the Authority aforefaid, That all Fines, Amerciaments and Forfeitures, which fhall be due for any Offence againft the Purvey of this Eftatute, fhall be to the Churchwardens of every Parifn wherein the Offences fhall be committed, to be bellowed on the Highways in the faid Parifb.es : (2) And the faid Churchwardens fhall have Authority to call the faid Bailiff and Head Conftable to account before the Juftices of Peace or two of them, whereof one to be of the Quorum, by Bill, Information or otherwife: (3) The which Juftices fhall have Authority to take the faid Account, and to commit the faid Bailiff or Head Conftable to Piifon, there to remain until he fhall pay all fuch Arrearages as fhall be ad- The BjilifFand judged by the faid Juftices; (4) and every of the faid Bailiffs and Head Conftables, upon their Accounts, Head Conftable's rjj^lj nave allowed for every Pound he fhall collect and pay, eight Pence for his own Pains, and twelve Account. Pence for the Fees of the Clerk of the Peace, or Steward of the Leet, for the Eftreats indented of every feveral Parifh that they fhall deliver as aforefaid; (5) and the Succeffors of every Church-wardens fhall have th like Action of Account againft their Predeceffors, as is before appointed againft the Bailiffs. (6) This Act to continue for feven Years next after the Beginning of this Parliament, and to the End of the next Parliament then next following. Revived by 5 El. c. 13. and made perpetual by 27 El. c. 24. 2Q El. c. 5. 13 & 14 Car. 2. c. 6. For farther Proviftons relating to Highways fee 3 TV. & M. c. 12. J&8TV* 3. c. 29. 8^9 TV. 3. c. 16. 6 Ann. c. 29. 9 Ann. c. 18. I Geo, 1. c. 11 cif 52. 5 Geo. 1. c. 12. 6 Geo. I. c. 6. 5 Geo. 2. c. 33. which is made perpetual by 27 Geo. 2. c. 16. 7 Geo. 2. c. 9. 8 Geo. 2. c. 20. 9 Geo. 1. c. 18. 14 Geo. 2. c. 42. 15 Geo. 1. c. 1. 16 Geo. 2. c. 29. 21 Geo. 2. c. 28. 24 Geo. 2. c. 43. 26 ■Geo. 2. c. 28 & 30. 28 Geo. 2. c. 17. 3P Geo. 2. c. 28. and 31 Geo. 2. c. 34. CAP. IX. An Act to avoid divers Licences for Houfes where unlawful Games be ufed. The Conftables Account. How the For- ieitures (hall be employed. AU Licences to keep Houfes for unlawful Games ihall be void. The Inconveni- encesofper- mitting Houfes for unlawful Games. 3i H. i. c. g. O S T humbly befeecheth the Queen's mod Excellent Highnefs, your loving and obedient Sub- jects, the Commons in this your prefent Parliament affembled, That where by Reafon of dr- fundry Licences heretofore granted to divers Perfons, as wpll within the City of London and the Suburbs of the fame, as alfo in divers other Places within your Highnefs Realm, for the having, main- taining and keeping of Houfes, Gardens and Places for Bowling, Tennis, Dicing, White and Black, Making and Marring, and other unlawful Games prohibited by the Laws and Statutes of this Realm, divers and many unlawful Affemblies, Conventicles, Seditions and Confpiracies have and been daily fe- cretly practifed by idle and mifruled Perfons repairing to fuch Places; of the which, Robberies and many other Mifdemeanors have enfued, to the Breach of your Highnefs Peace;' (2} For Remedy whereof, it may