Page:Ruffhead - The Statutes at Large - vol 3.djvu/441

A. D. 1677. Anno tncefimo Caroli II. , C. 4, 5. 393 or Minifter fhall forthwith give or caufe Notice thereof to be given in Writing tinder his Hand, to the VVTia- Ciir:'= Church-warden or Overfeers of the Poor of fuch Parifh, who Ihall- Vvfithin eight Days after fuch Jsiotice S'^" '"^.'^'"^" repair to the Chief Magiftrate in any Town Corporate, if fuch Parly was buried in fuch City or Towri p 'A^'y'"^ ?|}e Corporate, or elfe to any Juftice of the Peace, who upon the Certiiicate thereof from the faid Parfon, Mi- „o luch'/Cffi ta- nifter or Curate, ofilciating in the faid Parifli, Aral! forthwith grant a Warrant for tiie levying of the faid vit be brou-ilit- I'^orfeiture on the Goods and Chattels of the Parties before mentioiied, rendring tlie Overplus to the Piu'- '« ^1'= HinVn ties whofe Goods were fo diftrained upon, all reafbnable Charges being deduiited ; U) one Moiety of which V^"hin cigUt Forfeitures iliall be to the Ufe and Benefit of the' Poor of the Pariifh where fuch Party fliall be buried con- tejj[,'.n'^'" '"" trary to the Direitions of this Aft, and the other Moiety thereof to the Ufe of the Pcrfon that fhall in- form and fue for the fame, to be recovered by Warrant of the, Chjef Magiflrrate or any Ju/tice of the Peace . in the City, Tov/n Corporate or County, where fuch Party was buried. VI. And in Cafe any Parfon or Minifter (hall negledl to give Notice to the Church- wardens or Overfeers The Parfon, of the Poor as aforefaid, or not give unto them a Note or Certificate under his Fland, teiHfying that fuch an ChurcliwarHens, Affidavit and Certificate was not brought to him within the Time limited by this Aft, concerning the Par- ^f^J!^ '^.^'"^ ties being interred according to the Direftions thereof; (2) or that the Church-wardens or Overfeers of the niMccUn^'tht-Ir Poor fhall not within eight Days after the Receipt of fuch Certificate repair to fuch Chief Magiflrate, or to OiTty, {hM for- fome other Juflice of the Peace, with fuch Certificate, and fhew the fame to him, and demand his War- kit^L rant thereupon for levying the Forfeiture by this Aft before appointed ; (3) and in Cafe fuch Chief Ma- giflrate or Juflice of the Peace fnall negleft his Duty in not ifTuing his Warrant for the levying the faid For- feiture ; (4) he or they fo neglefting or offending fhal! forfeitfor every fuch OfFence the Sum of five Pounds The Forfeiture of lawful Money of England', (5) to be recovered by fuch Perfon as fhall fue for the fame by Aftion of °^>' '^° ^^ re- Debt, Bill, Plaint or Information, wherein no Eflbin, Wager of Law or Proteftion fhall be allowed, and <^^'='=- wherein alfo the Profecutor fhall recover his full Cofts, fo as the Suit be commenced within fix Months af- ter the Offence fliall be committed ; (6) one fourth Part of which faid Forfeitures fhall be to the Ufe of And how di- his Majefty, his Heirs and Succeffors ; two other fourth Parts thereof fliall be to the Ufe of the Poor of the ftributed. Parifli where the Perfon fo offending or neglefting his Duty fhall dwell ; and one other fourth Part to the Perfon that fhall inform and fue for the fame. . ■ VII. And it is hereby further enafted. That the Parfon or Minifter of every Parifli fliall keep a Regiflrer Ail Burials and in a Book to be provided at the Charge of the Parifh, and make a true Entry of all Burials within his Pa- ASdavits, and rifh, and of all Affidavits brought to him as aforefaid, within the Time limited as aforefaid ; (z) and where ".'i"'« "o Affida- no fuch Affidavit fhall be brought to him within fuch Time, that he enter a Memorial thereof in the faid ulmmhu"^ '^' Regiftry, againft the Name of the Party interred, and of theTime when he notified the fame to the Church- thereof jhail be wardens or Overfeers of the Poor. entred. VIII. And it is hereby further enafted by the Authority aforefaid. That in the firfl: Accoijnt to be given Accounts of in by any Overfeers of the Poor, after the firft Day of Juguji one thoufand fix hundred feventy-eight, they Burials, and do and fliall give an Account, as by this Act is hereafter direfted, of all Burials within their Pariflies from ^'^'"'^^"^ CertU the faid firft Day oi Augujl one thoufand iix hundred feventy-eight to the Time of the giving in the faid Ac- v'^in^'the Pe 1 Count; (2) and that for the future when and as often as the Overfeers of the Poor do give up their Ac- 'tics,°and th"' " counts to the Juftices of the Peace at the Quarter-Seffions, or Petty- Seffions, or any two Juftices of the Difpofal thereof. Peace in their Monthly Meetings, that they do and fhall give an Account of the Name and Quality of ■"'^l' t'^n'^xie every Perfon interred within their Parifh, from the Time of their former Account, and of fuch Certificates li"'" 'T'™^ '" as came to their Hands from the Parfon or Minifter of the faid Parifli, that the Perfons therein mentioned veiTeer'^of the were interred contrary to the Direftions and true Intent of this Aft, and of their levying the Penalty on Poor. ' the Offenders according to this Aft, and alfo a true Account of the Difpofal of the fame ; (3) under the Pe- nalty of five Pounds, to be levied by Diftrefs and Sale of the Goods of fuch Churchwardens or Overfeers, by Warrant from the faid Juftices of the Peace, or any two of them ; (4) and that no Account of any Overfeers of the Poor fhall be allowed after the firft Day o Av.gujl one thoufand fix hundred ieventy-eight, -until they fhall therein account for the Burials within the refpeftive Pariflies as is before direfted. IX. Provided, That no Penalty appointed by this Aft fhall be incurred for or by reafon of any Perfon Perfons ihst die that fhall die of the Plague, although fuch Perfons fhall not be buried as by this Aft is direfted. of the Pi.igue X. And it is further enafted by the Authority aforefaid. That from and after the faid firft Day of yf//^?//?, ^^'^^pteti- the faid Judges at their refpeftive Affizes, and the JuJlices of the Peace at their refpeftive Quarter-Scfiions, Tliis a& to be fliall give this Aft in Charge ; (2) and moreover that this Aft fl.iall be publickly read upon the firft Stwday S"'*^" '" Charge after the Feaft of St. Bartholomew every Year for feven "Vears next following;, prcfently after Divine Service. °' 'he Aliz^s SeffionS; and read, the firft Sunday aft(hr Sf. Bartholomew's Day fur feven Years. XI. And be it further enafted by the Authority aforefaid. That if any Aftion, Bill, Plaint, Suit or In- Perfons profe- formation, fhall be commenced or profecuted againft any Perfon or Perfons, for what he or they fhall do <^"tf<i for any in Purfuance or Execution of this Aft, fuch Perfon or Perfons fo fued fhall and may plead the General If- J"'"?""^ m , -fue. Not guilty, and upon Iflue joined may give this Aft in Evidence ; and if the Plaintiff or Profecutor ,1,15 ^a may fliall become nonfuit or fuffer Difcontinuance, or if a Verdift pafs againft him, or if upon a Demurrer plead the' Ge- ■ Judgment pafs againft him, the Defendant fliall recover his treble Cofts for fuch Molcftation. neral iffue, Scc, CAP. IV. ' An Aft for the further Relief and Difcharge of poor difl-reffed Prifoners for Debt, 12 &.23 Car.z, C. 20. C A P. V. An Acl for Repealing certain Words in a Claufe in a former Aft, intituled, Jn ^£1 fcr En-, larging and Repairing of Common Highways. WHEREAS by an Aft of Parliament made in the fourteenth Year 'of his Majefty's Reign, intituled, 13 & 14 Car, i. , An A6i for Enlarging and Repairing of Common Higrnvays, it is-provided, That no travelling Wag-' c. 6. §■. g, » Vol. III. E e e ' gon,