Page:Ruffhead - The Statutes at Large - vol 4.djvu/73

A. D. 1699. Anno decimo Scundecimo Gulielmi III. C. 23. 27 duced, and fhall be allowed fuch Payments in his Accounts ; any thing in this, or any other AQ: con- Finier Prmi- . tained to the contrary hereof in any wife notwithftanding. /""f concermug Salt, I Ann. St. I. c. 21. 1 & z Ann. c. 14. 4. Ann. c. iz. 5 Ann, c. 29. 6 Ann. c. 12. 9 Ann. c. 2j. Tij^nn. St, i, c. z, 5 Geo, i. c, 1%, 8 Gen, i. c, 4 ©■ 16. II Geo, I. c. 30. 3 Geo, z, c. 20. 5 Geo. z. c. 6. 8 Geo. z. c, 12. 14 Geo. 2, f. 22. 26 Geo. 2. c, 3 is" 32, CAP. XXIII. An A<51 for the better apprehending, profecuting and punifhing of Felons that commit Bur- glary, Houfe-breaking, or Robbery in Shops, Warehoufes, Coach-houfes or Scabies, or that ileal Horfes. ' W7 HE R EAS the Crimes of Burglary and breaking open of Houfes in a felonious Manner, and 25 H, 8. c j; < YY the Crime of ftealing Goods privately out of Shops and Warehoufes, commonly called Shoplift- « ing, and the ftealing of Horfes, are of late Years much increafed, to the great Detriment and unfpealc- ' ake Lofs of many of your Majefty's good Subjects, occafioned for want of due Profecution and Punifh- ' ment of Offenders therein, and for want of Encouragement to fuch as fhall vigorouily endeavour the ' apprehending of fuch Malefactors :' For preventing whereof be it enafted by the King's moft excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That a)l and every Perfon and Per- fons, that fhall at any Time or Times, by Night or in the Day-time, from and after the twentieth Day Perfon ftealing of May., which fliall be in the Year of our Lord one thoufand fix hundred ninety-nine, in any Shop, GooAs in any Warehoufe, Coach-houfe or Stable, privately and felonioufly fteal any Goods, Wares or Merchandizes, ^°y Y^'^'c being of the Value of five Shillings or more (although fuch Shop, Warehoufe, Coach-houfe or Stable cT Value or be aot actually broke open by fuch Offender or Offenders, and although the Owners of fuch Goods, or more, any other Perfon or Perfons, be or be not in fuch Shop, Warehoufe, Coach-houfe or Stable, to be put in Fear) or fhall aflifl, hire or command any Perfon or Perfons to commit fuch Offence, being thereof con- or aflifting viiSed or attainied by Verdift or Confeflion, or being indicted thereof fhall ftand mute, or will not di- therein, reftly anfwer to the indiftment, or fhall peremptorily challenge above the Number of three and twenty excluded from Perfons returned to be of the Jury, fhall by virtue of this Aft be abfolutely debarred and excluded of and Benefit of from the Benefit of the Clergy. _ _ Clergy. IL And be it enafted by the Authority aforefaid, That from and after the faid twentieth Day of May Profecutor of one thoufand fix hundred ninety-nine, all and every Perfon and Perfons, who fhall apprehend and take ^^'°" }° ^^^ any Perfon guilty of any the Felonies before mentioned, and profecute him, her or them fo apprehended ^ *-""=*'^' and taken, until he, fhe or they be convifted of any the aforefaid Felonies, fuch Apprehenders and Takers, for his, her or their Reward upon every fuch Conviftion, without any Fee or Reward to be paid !„ „fe of Dif- fer the fame, fhall have forthwith after every fuch Conviction a Certificate, which fhall be under the pute. Judge to Hand or Hands of the Judge, Juftice or Juftices before whom every fuch Conviftion fhall he had, certi- appoint the Cer- fying fuch Conviftion, and alio within what Parifh or Place the Felony was committed, whereof any t'fi<:ate into fuch Perfon or Perfons was or were convifted as aforefaid, and alfo that fuch Felon or Felons was or'were f^J"' j u «  difcovered and taken, or difcovered, or taken, by the Perfon or Perfons fo difcovering or apprehending eeo.Tc. L. any the, faid Felon or Felons ; and in cafe any Difpute fhall happeji to arife between any of the Perfons §. 8. ' " fo difcovering or apprehending any the laid Felon or Felons fo convift as aforefaid, touching their By 5 Anna?, c. Right or Title to the faid Certificate, that then the faid Jud^e, Juftice or Juflices, or the major Part of 3'- §• '■ ^P- them, fo refpeftively making fuch Certificate as aforefaid, fhall in and by his or their Certificate, direft Bu7"J'"^"" °/ and appoint the H^id Certificate into fo many Shares, to be divided amongft the Perfons therein concerned, Hoiife^-bieTkers as to the faid Judge, Juftice or Juftices, or the major Part of them fliali feem juft and reafonable, which have a farther Certificate fhall and may be once afligned over, and no more, and the original Proprietor of fuch Certi- Rew-ardot 40!.* ficate, or the AfTignee of the fame, whomfocver of them fliall have the Intereft therein, by virtue thereof Ce'^"*^a's "lay iwnd of this prefent Aft, fliall and may be difcharged of and from all and all Manner of Parifli and Ward Affi^eVd.f-""'* Offices, within the Parifli or Ward wherein fuch Felony or Felonies fliall he committed, and fuch Party charged from or Affignee is hereby declared to be difcharged therefrom ; which faid Certificate fliall be inrolled by Pariih and Ward the Clerk of the Peace of the County in which the fame fhall be granted ; for which Inrollment the faid Offices. Clerk of the Peace of the County or City, in which the fame fhall be granted, fliall have for his Fee the Ce."fi"te to ,, r cu-i;- J a ^ be inroUed. Sum of one bhiiiing, and -no more, p^^^ IIL Provided nevcrthelefs. That if any Perfon having fuch Certificate, fhall at any time make ufe of pro'vifo. the faid Certificate to exempt him from any Parifh or Ward Office, fuch Perfon fo making ufe of the faid ' - Certificate, or any other Perfon or Perfons claiming any Intereft therein, fliall not affign over the faid Certificate to any Perfon or Perfons whatfoever. IV. And be it further enaftcd. That in cafe any Perfon or Perfons fhall happen to be flain by any fuch If Perfons be Houfe -breakers, Horfe-ftealers, or other Felon aforefaid, by endeavouring to apprehend, or in making "^i" in Purfuit Purfuit after him, her or them, or any of them, that then the Executors or Adminiftrators of fuch Per- "f Houfe-break- fon or Perfons fo flain, to whom the Right of Adminiftration of the perfonal Eftate of every Perfon fo "^luih ^^^^^' flain fhall belong, fhall have the faid Certificate in Aianner as aforefaid, v/ithout Fee or Reward as Gertificat^with- aforefaid. .out Fee. V. And be it further enafted. That if any Perfon or Perfons, from and after the faid twentieth Day Houfe-breakers, ing's Par-, t^V0 {Ion,