Page:Ruffhead - The Statutes at Large - vol 3.djvu/372

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3'24 C. I. Anno vicefimo fecundo Caroli II. A. D. 1670. Meutenants, , there unlav^fully aflernbled, to the Intent they may be proceeded againfl: according to this Aft: (3) And Dt^pQty-Lieute- that the Lieutenants or Deputy-Lieutenants, or any Commiffionated Officer of the Militia, or other of his ranis anc! Com- Majefly's Forccs, v^ith fuch Troops or Companies of Horfe and Foot, and alfo the Sheriffs, and other fi"'1rof uf Mi Magiftrates and Minifters of Juftice, or any of them, jointly or feverally, within any the Counties or Pla- Jitia miiil dif-' ^^^ within this Kingdom of England., Dominion of Wales, or Town oi Benuick u-pon Tweed, with fuch pnteC.'nven- Other AiTiftance as they fhall think meet, or can get in Readinefs v/ith the fooneft, on Certificate made to tides either with them refpectively under the Hand and Seal of any one Juftice of the Peace or Chief Magif!:rate, of his par- KorfeorFuot. jicular Information or Knowledge of fuch unlawful Meeting or Conventicle held or to be held in their re- fpetStive Counties or Places, and that he with fuch AiTiftance as he can get together, is not able to fupprefs and diiTolve tlie fame, fnall and may, and are hereby impowered and enjoined to repair unto the Place where they are fo held, or to be held, and by the beft Means they can to diiTolve, diffipate or prevent all fuch unlawful Meetings, and take into their Cuftody fuch and fo many of the faid Peribns fo uniav/fully affem- bled as they fhall think fit, to the Intent they may be proceeded againll: according to this A(£t. Provifo for Peers X. Provided always, That no Dwelling-houfe of any Peer of this Realm, where he or his Wife fhall et' the Real.n. ^then be refident, fliall be fea'rched by Virtue of this Aft, but by immediate Warrant from his Majefty, under his Sign Manual, or in the Prefence of the Lieutenant, or one Deputy-Lieutenant, or two Juftices of the Peace, whereof one to be of the ^tonan of the fame County or Riding. Tlie Penalty of XI. And fee it further enafted by the Authority aforefaid, That if any Conftable, Headborough, Tith- all Juftices of iiigman, Church-warJen or Overfeer of the Poor, who fhall know, or be credibly informed of any fuch Peace, Confta- Meetings or Conventicles held v/ithin his Preclnfts, Parifh or Limits, and fhall not give Information there^ blesand othfr ^f j-q fome Juftice of the Peace, or the Chief Magifl:rate, and endeavour the Conviftion of the Parties acr i and^Mifitarv' cording to his Duty ; but fuch Conftable, Headborough, Tithingman, Church-warden, Overfeers of the that omit tiieir Poor, or any Perion lawfully called in Aid of the Conftable, Headborough or Tithingman, fhall wilfully- Duty in perform- and wittingly omit the Performance of his Duty, in the Execution of this A£t, and be thereof convidted ingiliisAa. in Manner aforefaid, he fhall forfeit for every fuch Offence the Sum of five Pounds, to be levied upon his Goods and Chattels, and difpofed in Manner aforefaid : (2) And that if any Jufldce of the Peace or Chief] Magiftrate fhall wilfully and wittingly omit the Performance of his Duty in the Execution of this Act, he ■ fhall forfeit the Sum of one hundred Pounds ; the one Moiety to the Ufe of his Majefty, the other Moietyi to the Ufe of the Informer; to be recovered by A£tion, Suit, Bill or Plaint, in any of liis Majefty's Courts! at TVeflminJler, wherein no Effoin, Prote£tion or Wager of Law fhall lie. I All Perfonsin- XII. And be it further ena£ted by the Authority aforefaid. That if any Perfon be at any Time fued for dcmnified that putting in Execution any of the Powers contained in this A6t, otherwife than upon Appeal allowed by this Execut'on'^ '" ■^^'^*' "^'^ Perfon fhall and may plead the General Iffue, and give the fpecial Matter in Evidence; (2) and if the Plaintiff be nonfuit, or a Verdift pafs for the Defendant, or if the Plaintiff difcontinue his A6tion, I or if upon Demurrer Judgment be given for the Defendant, every fuch Defendant fliall have his full treble Cofts. Th's Aa to be XIII. And be it further enafted by the Authority aforefaid. That this Aft, and all Claufes therein corr- interpreted moft tained, fhall be conftrued moft largely and beneficially for the fupprelling of Conventicles, and for the Ju^ »iicfo"^'i^?<r ft'fication and Encouragement of all Perfons to be employed in the Execution thereof ; (2) and that no Co'nventidcV." Record, Warrant or Mittimus to be made by Virtue of this Aft or any Proceedings thereupon, fhall be re- verfed, avoided, or any way impeached by reafon of any Default in Form. (3) And in Cafe any Perfoa offending againft this Aft, fliall be an Inhabitant in any other County or Corporation, or fly into any other County or Corporation after the Offence committed, the Juftice of Peace or Chief Magiftrate before v/hora he fhall be convifted as aforefaid, fnall certify the fame under his Hand and Seal, to any Juftice of Peace or Chief Magiftrate of fuch other County or Corporation wherein the faid Perfon or Perfons are Inhabitants or are fled into; (4) which faid Juftice or Chief Magiftrate refpeftively, is hereby authorized and required to levy the Penalty or Penalties in this Aft mentioned, upon the Goods and Chattels of fuch Perfon or Per- fons, as fully as the faid other Juftice of Peace might have done, in Cafe he or they had been Inhabitants in the Place where the Offence was committed. Offenders to be XIV. Provided alfo. That no Perfon fhall be punifhed for any Offence againft this Aft, unlefs fuch Of- profecuted with- fender be profecuted for the fame within three Months after the Offence committed. (2) And that no ^V^'l o°f" Perfon who fliall be puniftied for any Offence by Virtue of this Aft, fhall be punifhed for the fame Offence after the Of- . -M' ^ c laot i/- Jence. ^^ ^ "■'^"-'^ Of tiny Other Aft or Law whatfoever. Aldermen with- XV. Provided, and be it further enafted by the Authority aforefaid, That every Alderman oi London for in London to the Titne being, within the City of London and the Liberties thereof, fhall have (and they and every of hive the fame them are hereby impowered and required to execute) the fame Power and Authority within London and Ii^ces' of Peace ^.^ Liberties thereof, for the examining, convifting and punifliing of all Offences within this Aft com- •' ■ mitted within London and the Liberties thereof, which any Juftice of Peace hath by this Aft in any Coun- ty of England, and fhall be fubjeft to the fame Penalties and Punifhments, for not doing that which by this Aft is direfted to be done by any Juftice of Peace in any County of England. Feme Covert, XVI. Provided, and be it enafted by the Authority aforefaid. That if the Perfon offending and convifted as aforefaid, be a Feme Covert, cohabiting with her Hufband, the Penalties of five Shillings and ten Shil- lings, fo as aforefi.id incurred, fhall be levied by Warrant as aforefaid, upon the Goods and Chattels of the Hufband of fuch Feme Covert. Peers of the XVII. Provided alfo, That no Peer of this Realm fhall be attached or imprifoned by Virtue or Force of Realm, this Aft ; any Thing, Matter or Claufe therein to the contrary notwithftanding. Provifo for the XVIII. Provided alfo. That neither this Aft, nor any Thing therein contained, fhall extend to invali- King's Supre- date or avoid his Majefty's Supremacy in Ecclefiaftical Affairs; (2} but that his Majefty and his Heirs and ""'"^y- Succeffors may from Time to Time, and at all Times hereafter, exercife and enjoy all Powers and Autho- 4 rity