Page:Ruffhead - The Statutes at Large - vol 5.djvu/506

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460 C. 22. Anno nono Georgii Regis. A. D. 1722. fully convicted, {ball be adjudged guilty of Felony, and fhall fuffer Death as in Cafes of Felony, with- out Benefit of Clergy. ' II. And whereas notwithftanding the Laws now in Force againft the illegal Practices above mention-

  • ed, and his Majefty's Royal Proclamation on the fecond Day of February which was in the Year of our-

' Lord one thoufand feven hundred and twenty-two, notifying the fame, many wicked and evil-dif- ' pofed Perfons have, in open Defiance thereof, been guilty of feveral of the Offences before mentioned, ' to the great Difturbance of the publick Peace, and Damage of divers of his Majefty's good Subjects ■? Such Perfons It is hereby enacted by the Authority aforefaid, That all and every Perfon and Perfons who fince the ■when to fur- fecond Day of February in the Year of our Lord one thoufand feven hundred and twenty-two, have com- rendtr * hem " mitted or been guilty of any of the Offences aforefaid, who fhall not furrender him, her or themfelves, le vesj&c. before the twenty-fourth Day of July in the Year of our Lord one thoufand feven hundred and twenty- three, to any of the Juftices of his Majefty's Court of King's Bench, or to any one of his Majefty's Juftices of the Peace, in and for the County where he, fhe or they did commit fuch Offence or Offences, and Voluntarily make a full Confeffion thereof to fuch Juftice, and a true Difcovery upon his, her or their Oath or Oaths, of the Perfons who v/ere his, her or their Accomplices in any of the faid Offences, by giving a true Account of their Names, Occupations and Places of Abode, and to the bell of his, her or their Knowledge or Belief, difcover where they may be found, in order to be brought to Juftice, be- ing thereof lawfully convicted, fhall be adjudged guilty of Felony, and fhall fuffer Death as- in Cafes of Felony, without Benefit of Clergy. III. Provided neverthelefs, That . all and every Perfon and Perfons, who have been guilty of any the Offences aforefaid, and fhall not 'be in lawful Cuftody for fuch Offence on the faid firft Day of 'June and fhall furrender him, her or themfelves, on or before the faid twenty-fourth Day of July as aforefaid, and fhall make fuch Confeffion and Difcovery as aforefaid, fhall by virtue of this Act be pardoned, acquitted Who intitled to and difcharged of and from the Offences fo by him, her or them confeffed as aforefaid; any thing herein a Pardon* contained to the contrary in any wife notwithftanding. IV. And for the more eafy and fpeedy bringing the Offenders againft this Act to Juftice, Be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall be charged with being guilty of any of the Offences aforefaid, before any two or more of his Majefty's Juftices of the Peace of the County where fuch Offence or Offences were or fhall be committed, by Information of one or more credible Perfon or Perfons upon Oath by him or them to be fubferibed; fuch Juftices before whom fuch In form a- juftices to return tion fhall be made as aforefaid, fhall forthwith certify under their Hands and Seals, and return fuch In- formations to formation to one of the Principal Secretaries of State of his Majefty, his Heirs or Succeffors, who is hereby a Secretary of required to lay the fame, as foon as conveniently may be, before his Majefty, his Heirs or Succeffors, e ' in his or their Privy Council; whereupon it fhall and may be lawful for his Majefty, his Heirs or Suc- who is to lay the ceffors, to make his or their Order in his or their faid Privy Council, thereby requiring and commanding fame before the f ucn Offender or Offenders to furrender him or themfelves, within the Space of forty Days, to any of his King ami Coun- j^ a j e fl-y' s Juftices of the Court of King's Bench, or to any one of his Majefty's Juftices of the Peace, to ■make an Order the End that he or they may be forthcoming, to anfwer the Offence or Offences wherewith he or they for their Sur- fhall fo ftand charged, according to the due Courfe of Law; which Order fhall be printed and publifhed render. in the next London Gazette, and fhall be forthwith tranfmitted to the Sheriff of the County where the Of- fence fhall be committed, and fhall, within fix Days after the Receipt thereof, be proclaimed by him, or his Officers, between the Hours of ten in the Morning, and two in the Afternoon, in the Market- places, upon the refpective Market Days, of two Market-Towns in the fame County, near the Place where fuch Offence fhall have been committed; and a true Copy of fuch Order fhall be affixed upon perfons not fur- fome publick Place in fuch Market-Towns; and in cafe fuch Offender or Offenders fhall not furrender rendring them- him or themfelves purfuant to fuch Order of his Majefty, his Heirs or Succeffors, to be made in Council felv f es P U Q U , ant as aforefaid, he or they fo neglecting or refufing to furrender him or themfelves as aforefaid, fhall from deemed to be' the Day appointed for his or their Surrender as aforefaid, be adjudged, deemed and taken to be convicted convided, &c and attainted of Felony, and fhall fuffer Pains of Death as in cafe of a Perfon convicted and attainted by Verdict and Judgment of Felony, without Benefit of Clergy; and that it fhall be lawful to and for the Court of King's Bench, or the Juftices of Oyer and Terminer, or General Gaol-Delivery for the County, where the Offence is fworn in fuch Information to have been committed, upon producing to them fuch Order in Council, under Seal of the faid Council, to award Execution againft fuch Offender and Offenders, in fuch Manner, as if he or they had been convicted and attainted in the faid Court of King's Bench, or before fuch Juftices of Oyer and Terminer, or General Gaol-Delivery refpectively. . Perfons abetting V. And be it enacted by the Authority aforefaid, That all and every Perfon and Perfons, who fhall, them, &c. deem- after the Time appointed as aforefaid, for the Surrender of any Perfon or Perfons, fo charged upon Oath ed Felons. with any the Offences aforefaid, be expired, conceal, aid, abet or fuccour, fuch Perfon or Perfons, know- ing him or them to have been fo charged as aforefaid, and to have been required to furrender him or themfelves, by fuch Order or Orders as aforefaid, being lawfully convicted thereof, fhall be guilty of Fe- lony, and fhall furFer Death as in Cafes of Felony, without Benefit of Clergy. VI. Provided neverthelefs, and it is hereby declared and enacted, That nothing herein contained fhall be conftrued to prevent or hinder any Judge, Juftice of the Peace, Magiftrate, Officer or Mi nifter of Juftice whatfoever, from taking, apprehending and fecuring, fuch Offender or Offenders, againft whom fuch Information fhall be given, and for requiring whofe Surrender fuch Order in Council fhall be made as aforefaid, by the ordinary Courfe of Law; and in cafe' fuch Offender or Offenders,' againft whom fuch Information, and for requiring whofe Surrender fuch Order in Council fhall be made as aforefaid, 1 fhall