Page:Ruffhead - The Statutes at Large - vol 3.djvu/117

This page needs to be proofread.

A. D. i6o&. Anno quarto Jacobi I. C. 5. 69 IV. And be it farther enac^led, That every Sheriff, Bailiff and other Officer and Perfon which fhall le- Tht Officer pay. Vy or receive any fuch Forfeiture or Forfeitures aforefaid, and (hall pay over the Moiety and one ^ai'il%he'olV't^r3 thereof, according to the true Meaning of this A<5t, fhall be thereof diicnarged agiinft the King's Majefty, mail be dir- * his Heirs and Succeflbrs. charged thereof. V And be it further enacSted, That if any Sheriff, Bailiff or other Officer or Perfon fhall refufe to pay The Penalty for over'the Moiety and one Half of the faid Money by him or them levied or received, or that the faid Church- [5,°' Mone'y'r*"/ wardens and Overfeers, to whom the faid Money fliall be fo paid, fhdJl not from Time to Time, within ceived to the " convenient Time,, truly diftribute and beftow the fame to and amongft the poor People according to thePo'"'- true Meaning of this Act, That then every Perfon fo offending fhall foVfeit double the Value thereof, to '^Z'rtfbinit'" be recovered and imployed as aforefaid.. /« 7 75^ . i. c. 'to. 21 JVIC. I. f. 7. rCai/-. I. c. 4. l6Gc{i.i,c.%t. and t^ Geo, I.e. lit CAP. V. An A6t for reprefllng the odious and loathfom Sin of Drunkennefs. c T T T H E R E AS the loathfom and odious Sin- of Drunkennefs is of late grown into common Ufe within Tlie Penalty of « Yv this Realm, being the Root and Foundation of many other enormous Sins, as Bloodlhed, Stab- =* ^mnkard, ar.d

  • bing, Murder, Swearing,, Fornication,; Adultery, and fuch like, to the great Dilhonour of God, and °in^e]],'drln^i"g

of our Nation, the Overthrow of many good Arts and manual Trades, the Difabling of divers Work- in an Aiehoufe, ' men, and the general Impoverifhing of many good Subjeds,, abufively wafling the good Creatures of^^^U^^II^^'^'^'^* II. Be it therefore enaded- by the King's mofl excellent Majefly, the Lords Spiritual and Temporal and the Ciufe of and Commons, in this prefent Parliament auembled, and by the Authority of the fame. That all and every 'fyf ^' E""""'- Perfon or Perfons, which after forty Days next following the End of this prefent SelTion of Parliament, "siak.4j. (hall be drunk, and of the fame Offence, of Drunkennefs fhall be lawfully coavidled, fhall for every fuch Offence forfeit and lofe five Shillings of lawful Money of England^ to be paid within one Week next after The Forfeiture his, her or their Convidion thereof,, to the Hands of the Churchwardens of that Parifh where the Offence "oJ^^gj^of* flia'll be committed, who fliall be accountable therefore to the Ufe of the Poor of the fame Parifh : ( z ) And Dru"ke*nnifs. if the faid Perfon or Perfons fo convidled, fhall refufe or negleft to pay the faid Forfeiture as aforefaid, then 7 J^c i. c 10. tlie fame fliall be from Time to Time levied of the Goods of every fuch Perfon or Perfons fo refufing ^^J^l^ni.o^^Mtif' negledling to pay the fame,, by Warrant or Precept from the fame Court, Judge or Juflices, before whom "ot a'bil to pay the fanifr Conviftion fliall be : (3} And if the Offender or Offenders be not able to pay the faid Sum of theforfutunj. five Shillings, then the Offender or Offenders fhall be committed to the Stocks for every Offence, there to remain by the Space of fix Hours. ' . ■ , III. And be it further enafted by the Authority aforefaid", That if any Conftable, or any other inferior The Forfeiture' Officer of that Parifh or Place where- the Offence fhali be committed, to whomthat- fhall'be given in ^^^^^^'^"^'1^™^^^^^, Charge by the Precept of any Mayor, Bailiff or other Head OfHcer, or Juflices of the Peace within their ne'gieft to do his feveral Limits, do neglefl the due Corre6tion of the faid Offender, or the due Levying of the faid Penal- Djty. ties, where Diftrefs may be had ; Then every Perfon fo offending fhall forfeit the Sum often Shillings of ^f^flf'/o! current Money of England, to the Ufe of the Poor of the fame Parifli or Place where the Offence fhall- be "' " ' " committed, to be levied by way of Diflrefs, by any other Perfcn or Perfons having Warrant from any Mayor, Bailiff or other Head Officer, Juftices of Peace, or Court, where any fuch Conviftion fhall be, and to be paid to the Churchwardens as before limited, who are alio to account for the fame to the Ufe aforefaid. IV. And be it further enaded by the Authority aforefaid, That if any Perfon or Perfons within this The Penalty for Realm oi England,, or the Dominion of Wales, fhall remain or continue drinking or tipling in any ^riohi'ng m an Inn, VitStualling-houfe or Alehoufe, being in the fame City, Town, Village or Hamlet, wherein the Aiehoufe, &c. . faid Perfon or Perfons (fo remaining drinking or tipling) doth dwell and inhabit at the Time cf fuch? Jac. i.e. 10. Di inking and Tipling; and the fame being viewed and feen by any Mayor or other Head Officer^ c,oJ,s '^^1 J°ng" Tuftice or Juftices of Peace within their feveral Limits, or duly proved in fuch Maimer and Form as hereto, 1 Car. i. IS limited in and by one A61 of Parliament made in the firft Seliion of this prefent Parliament, intituled, ^- ^- ■ An A/il to reftrain the inordinate Haunting and Tipling in Inns, Alehoufes and other Viftiialling-houfes, unlefs it , ,^^^ ,_ ^ ^^ be in fuch Cafe or Cafes as be tolerated or excepted in the faid A6t ; That then every Perfon or Perfons fo offending (hall forfeit and lofe for every fuch Offence, the Sum of three Shillings and four Pence of cunxnt Money of England, to the Ufe of the Poor of the Parifh where the faid Offence fhall be com- mitted, to be levied by way of Diftrefs, in fuch Manner and Form as is before appointed by this A6t,- for the Itrvying of the Penalty of five Shillings for being drunk: (2) And if it happen that any Offen- der or Offenders againft the true Intent of this Claufe or Branch, being thereof lawfully convicfted, he not able to pay the faid Forfeiture or Forfeituies ; Then it fhall and may be lav;ful for any Mayor, Bailiff cr other Head Officer, Juftice or Juftices of Peace, or Court, v/here any fuch ConviiSion fhall be, , to punifh the faid Offender or Offenders by letting him, her or them in the Stocks for every fuch Offence, . by the Space of four Years. _ . nwi, nrt V. For the more due Execution of this Statute, and for the better and more due Prceeeding ^g^'nf^ni.iJ^.iPfii.t"? fach Offenders, all Offences of Drunkennefs, and of Excefs and unmeafurable Drinking,- (2") Beit ^^pur^i^'^he further ena'; ed by the Authority of this prefent Pailiament, That all the Offences in-this Adi, and in Offanses com- the faid former Aft mentioned, fliall be from Time to Time diligently enquired of and prefertted [|Jj"|tjt^fe"l^n<J before the Juftices of Afiizes in their Ciicuit, Juftices of the Peace in their Qiiartsr or Ordinary Sef- the statute f iionSji JaG. I.e. g.