Page:Ruffhead - The Statutes at Large - vol 3.djvu/402

354 C. 6, 7- Anno vicefimo fecundo 8c tertio Caroli II. A. D. 1670. Verdift fliall pafs for the Defendant or Defendants, or the PlaintifF or Plaintiffs be nonfuited, then every fuch Defendant or Defendants ihall recover his and their double Cofts. rso Writs of XIV. Provided alfo, and be it enaded, That no Writ or Writs of Certiorari fiiall fuperfede Execution Certiorari to fu- (,;. other Proceedings, upon any Order or Orders made by the Juftices aforefaid in Purfuance of this Aft, perfedeExecution ^^^ ^^^^ Execution and other Proceedings fhall and may be had and made thereupon, any fuch Writ or 1»1 upo -. Orders of Writs or Allovi'ance thereof notwithftanding ■ ■' " XV. Provided always, and be it enadted, That the Excife of the Liquors chargeable and payable by this ron b<-yondSeas, Ad, fball be re-allov/ed and rejiayed to the Exporter, for fuch Part thereof as fliall be exported as Mer- the Duty to be ' chandize to be fpent beyond the Seas ; any Thing herein contained to the contrary notwithftanding. re-pjycd. XVI. Provided always, and be it enadted, That this Aft and all the Pov/ers,. Matters and Things there- rarthcr Friwi- in contained, and every of them, fliall begin and commence from the four and tvi'encieth Day of June one fibm concirmng tjjoufand fix hundred and feventy-one, and not fooner; any Ufage or Law to the contrary notwithftanding. M. Jial. I. c. 1^- 4 ?K ©" il/. c- 3. 5^. ^iW. c. lo. 7/^.3.^,30. 8 ^. 3. c. 19. loW.j.c.zz. iz PK ■}. c. ji & zz. i Ann. ftat.z. c.^, 4 A,!!!, 'c. 6. S Ann. c. 7. 10 Anr.. c. 19. 12 Ann. flat. 2. r. 9. 6 Geo. I. c. 21. n Ceo. i. c. 30. iz Geo. i. c. 28. 1 GiO. 2, c. 16. 23 Ceo. z. c. z6.' 32 Ceo. 2. c. 17. 33 Geo.i. c. 9. and 1 Geo. 3. c. 7. CAP. VI. ijCar.i. €.14. An A.£l for Revefting the Power of granting Wine-Licences in his Majefty, his Heirs and Succeftbrs, and. soCar. 2. c. 1. for fettling a Recompence on his Royal Highnefs in Lieu thereof. The Revenue of Wine-Licences, and 22.Car. a. 0,3. the Moiety of all Forfeitures, vefted in the King. Freed from Jointures and Provifions for Children. 12 Car. 2. c. 2<f. ^ Moiety of the Forfeitures incurred before the twenty-fourth of A'iufMi^ifr 1670, faved to the Duke. jjCar. 2. at. I. 'phe King's Letters Patents for granting 24000/. per Annum to the Duke of York and his Heirs Adales, j-5 Car, 2, c, 14. out of the hereditary Excife, in Lieu of the Wine-Licences, fhall ftand good in Law. Non-recitals or Mif-recitals in the fame Letters Patents, faved. No Fee to be paid upon the Receipt thereof. If De- fault of Payment fliall be made. Power given to fue for it. CAP. VIL An Aft to prevent the malicious Burning of Houfes, Stacks of Corn and Hay, anci killing or maiming of Catde. ' ^^/^■^^•^■^^ divers lewd and evil -difpofed Perfons intending the Ruin and Impoverifhment of their Felony for wilful « YV Fellow-Subjeds, have devifed, and of late fecretly in the Night-time, and at other Times when b'lrning 0. any c jj^^y think their Deeds are not known, frequently praftifed in feveral Parts of this Kingdom, unlawful HaV^&c. or"' ' ^""^ vvicked Courfes in burning of Ricks and Stacks of Flay, Corn and Grain, deftroying of Buildings, B3rns, &c. inthe ' Trees, and cutting, maiming, wounding and killing of Horfes, Sheep, Beafts, and other Cattle, in Ni^ht-iimc. ' Contempt of the Laws, and to the infupportable Wrong and Damage of many of his Majefty's good , fnK, £6. 67. ' Subjeds :' _ _ . _ ^ ^ - ' ^H^s '^ *6 ■^^" ■^^'^ Prevention whereof, and Difcovery of the Offenders, Be it enafted by the King's moft Excel- i&AEd, e'c.V Jsnt Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and of the Coin- 43 El. c. 13. m.ons, in this prefent Parliament aJTemblcd, and by Authority of the iame, That where in any Part of this 35 Car. a. c. 1. Kingdom any Perfon or Perfons after the firft Day of March in the Year of our Lord one thoufand fix hun- 1 Geo. 1. c, 48, (j|-jj j^i-jji feventy, fliall in the Night-time malicioufly, unlawfully, and willingly burn, or caufc to be burnt 14 Geo, 2. c. . ^j. (jg{.].[-oyed, any Ricks or Stacks of Corn, Hay, or Grain, Barns, or other Houfes or Buildings, or Kilns, or ihall in the Night-time malicioufly, unlawfully, and willingly kill, or dellroy any Horfes, Sheep, or other Cattle, of any Perfon or Peribns whatfoever ; every fuch Offence fliall be adjudged Felony, and the Olienders, and every of them fliall fufter as in Cafe of Felony. Attainder (hall III. Provided always. That no Attainder for any the Offences made Felony by Virtue of this Aft, ftiall not worli Cor- make or work any Corruption of Blood, Lofs of Dower, or Difmheritance of Heir or Heirs. ™P"°" °* IV. And be it further enafted and declared, That in Cafe any Perfon or Perfons who fliall be convift or °° ' '^' attainted of rny the Offences made Felony by Virtue of this Aft as aforefaid, (toavoM Judgment of Death, The Party at or Execution thereupon for fuch his Offence) fliall make his Eleftion to be tranfportcd beyond the Seas, Liberty^to^ t^r ^^ ^"Y '^^ '^'^ Majefty's Plantations ; That then the Juftices of Affize, Oyer and Termiiur., Gaol-Delivery, fevcn Veari. or Jufticcs of the Peace, before whom fuch Offender fhall be convift or attaint by Virtue of this Aft, and I Hdw.P.C.ios, every of them refpeftively, fhall caufe Judgment to be entred againft every fuch Offender, that he be tranf- 1 Hfl/e'j P. C,5b6. ported beyond the Seas to fome of his Majefty's Plantations, in the faid Judgment to be particulaily men- ^'■' tioned and expreffed, there to remain for the Space of feven Years ; and that in Purfuance of the laid Judg- ment, the Sheriff or Sheriffs of the County or City v/here fuch Offender fliall be fo convift or attainted. Felony to return fliall caufe the faid Offender to be fafely conveyed and embarked to be tranf,jorted as aforefaid ; and if any before the feven {xz Offender fhall return into this Kingdom before the Expiration of the faid kv^n Years, he fliall fuf- Years expired, fgj. £)eatij j^g a Felon, and as if no fuch Eleftion to be Tranfported had been made by him. Treble Damages V. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons fliall in the Night- formaiminsof time malicioufly, unlawfully, and willingly maim, wound, or otherwife hurt any Horfes, Sheep, or other Cattle, or ihrow- Caj-jje^ whereby the fame fliall not be killed or utterly deftroyed, or fliall deftroy any Plantations of Trees, 'J^un;* &c. in '^'^ throw down any Inclofures, in Manner aforefaid ; That then every fuch Offender or Offenders fli-ill the Nigiit-ti'me. lofe and forfeit unto the Party grieved treble the Damage which he or they fhall thereby fuftain ; the fame to be recovered by Aftion of Trefpafs, or upon the Cafe, to be taken at the Common Law. Three or more VI. A.nd be it fii^ther enafted by the Authority aforefaid, That upon the Complaint and Requeft of the Jufiicet of the Parfy Qr Parties injured in any fuch Manner, any three or more Juftices of the Peace for the County, Di- • Power to enquire viflon, City, Town Corporate, or Place where fuch Offence fliall be committed, whereof one to be of the ^lorumy