Page:Ruffhead - The Statutes at Large - vol 4.djvu/615

A.D. lyii. Anno decimo Ann^e Reglr.Ee. C 1 9. 5 are hereby authorized and required, upon any Information exhibited, or Complain;: made in that Behalf, within one Year after Seizure made, or fuch Offence committed, to fummon the Party accufed, and alfo' the Witnefies on either Side, and upon the Appearance or Contempt of the Party accufed, fliall be con- vifted of the Offence alledged againfl: him, and to av/ard and iffue out Warrants under their Hands and Seals, for levying any Pecuniary "Penalties fo adjudged, on the Goods of the Offender, and to caufe Sale to be made thereof, in cafe they fhall not be redeemed within fix Days, rendring to the Party the Over- plus, if any ; and if any Party fliall find himfelf aggrieved, or remain unfatisfied in the Judgment of the Party aggricveil faid Juftices, then be or they fcall or may, by virtue of this Act, complain or appeal to the Juflices of the "'-^y appeal to Peace at the next General Qiiarter Seflions for that County, Riding, or Place, who are hereby impowered s-ffi^s"^'" to fummon and examine WitnefTes upon Oath, and finally to hear and determine the fame, and in cafe of Convidion, to iflue Warrants for levying the Penalties, as aibrelaid.. CLXXIII. Provided neverthelefs, That it fliall and may be lawful to and for the faid refpective Juftices, juftkes may where they fnall fee Caufe, to mitigate or lefien any fuch Penalties, as they in their Difcretions fliall think mitigate Pe- fit, the reafonable Cofi:s and Charges of the Officers and Informers, as well in making the Difcovery, as n^lti". in the Profecution of the fame, being always allowed over and above fuch Mitigation, and fo as fuch Mi- tigation do not reduce the Penalties to lefs than double the Duties over and above the faid Cofts and Charges; any thing contained in this Aft, or any other Aft of Parliament to the contrary notwithftanding. CLXXIV. Provided alfo, That no Writ or Writs of Certiorari fhall fuperfede Execution, or other Pro- No Writs of ' ceedings, upon any Order or Orders made by the Juftices aforefaid, in purfuanceof this A£t ; but that.Exe- C-'ertioraii. cution, and other Proceedings, fhall be had and made thereupon ; any fuch Writ or. Writs, or Allowance thereof, notwithflanding. CLXX V. And for the better afcertaining and fecuring her Majefly's Duties on Calendars and Almanacks, All Books fer- be it further declared and enafted by the Authority aforefaid. That all Books and Pamphlets, ferving chiefly ling to thePur- to the Purpofe of an Almanack, by whatfoever Name or Names entitled or defcribed, are and fhall be char- P"*^ °^ ^" ^' ged with thofe Duties, by virtue of the Adc in that Cafe made in the firft. SefTion of this prefent Parliament, ^4'i-ed'as°fuch but not with any of the Duties charged by this A6t on Pamphlets or other printed Papers ; any thing herein " contained to the contrary notwithftanding. ' CLXXVI. And whereas great Lofs hath happened of the Duties already laid upon flampt Vellum, Claufe to pre- Parchment, and Paper, and other Inconveniencies daily grow, from clandeftine Marriages ;' for Remedy ■£■"': /:landeftine thereof for the future, be it ena6i:ed by the Authority aforefaid. That every Parfon, Vicar, or Curate, Or Carnages, other Perfon in Ploly Orders, beneficed or not benefixed, who fliall, after the four and twentieth Day of ^gg^^' 2' c y?!!ie one thoufand feven hundred and twelve, marry any Perfon in any Church or Chapel, exempt or not exempt, or in any other Place whatfoever, without Publication of the Banns of Matrimony between the refpeiSlive Parties according to Law, or without Licence firft had and obtained from the proper Ordinary for the faid IViarriage, fhall for every fuch Offence forfeit the Sum of one hundred Pounds, to be recovered . with full Cofts of Suit, by Adion of Debt, Bill, Plaint, or Information, in any of her Majefty's Courts of Record at Wcjimvnjler, wherein no Effoin, Proteftion, or Wager of Law, or more than one Imparlance fhall be allowed ; one Moiety thereof to the Qiieen, her Heirs and Succeffors, and the other Moiety to him or them who fhall fue for the fame ; and if fuch Offender fhall be a Prifoner in any Prifon or Gaol (other than a County Gaol) at the Time of fuch Offence committed, and fliall be duly convided of fuch Offence, by Aftion or Information, as aforefaid, then upon Oath made of fuch Imprifonment before any Judge of her Rlajefty's Courts of Record at JVcJiminJler, and upon producing a Copy of the Record of fuch Conviftion, to be likewife proved upon Oath before the faid Judge (which Oaths the faid Judge is hereby impowered to adminiftcr) the faid Judge is hereby required to grant his Warrant to the Keeper of the Gaol or Prifon where fuch Offender is a Prifoner (which Warrant fuch Keeper is hereby required to obey) to remove fuch Offender to the Gaol of that County v/here fuch Offender is a Prifoner, there to remain charged in Execu- tion with the Penalty inflicted by this A61, and with all and every the Caufes of his former Imprifonment ; and if any Gaoler or Keeper of any Prifon fhall be privy to, or knowingly permit any Marriage to be fo- lem.nized in his faid Prifon, before Publication of Banns, or Licence obtained, as aforefaid, he fhall for every fuch Offence forfeit the Sum of one hundred Pounds, to be recovered and diftributed, as aforefaid. CLXXVII. Saving neverthelefs, to all Archbifliops, Bifhops, Archdeacons, and other Ordinaries, their jaivo for Arch- . Vicars General, Commiffaries, and Officials, the free Exercife of all Ecclefiaftical Jurifdiftion, and full biftops, &c. Power and Authority of inflicting all fuch Pains and Cenfures for this or any other Crime or Crimes, as Jurifdiftion. • they misht have done if this Adt had not been made. CLXXVIII. Provided always, That the faid Provifion for Marriages do not extend to that Part of Gr?^/ Not to extend Britain Z7XzA Scotland. to Scotland. ' CLXXiX. And whereas it has been found neceffary for Difpatch In the ftamping or marking of Vel- ' lum. Parchment, and Paper, to have feveral Dies or Stamps with the fame Mark, Type, and Device on ' each of them, and denoting the fame Duty ; and it has alio been found neceflary to diftinguifh each of the ' faid Dies or Stamps by feveral Letters, viz. One feveral Letter on each of them, whereupon fome Doubt ' has arifen, wheiher in refpedt of the Addition of fuch one Letter, fuch Mark, Type, or Device, be the ' very fame Mark, Type, or Device, appointed, provided, or publiflied by Proclamation, in purfuance ' of the A(ftor Ads in that Behalf made, or any of them, as the Mark, Type ■or Device to denote fuch Duty ; and in that refped, whether fuch Die or Stamp were a lawful Die or Stamp ;' Be it therefore de- Stamps an'd Marks heretofore made or provided, and hereafter to be made or provided, in purfuance of this or to be deemed any other Aft or Afts of Parliament, fhall (notwithftanding the Addition of any Letter or Letters, or Nu- '^"f"^ Stamps, merical Figure or Figures, to diftinguifh one Die or Stamp from another of the- fame Type or Devicfe, 4^2 aad