Page:Ruffhead - The Statutes at Large - vol 6.djvu/365

A. D. 1738. Anno imdechno Georgii II. C. 23. 303 Manner as other Felons are directed to be tranfported by the Laws and Statutes of this Realm ; and if any fucli Offender fo tranfported (hall return into this Kingdom before the Expiration of the faid feven Years, lu' or (he Ihalt Suffer Death as a. P'e-lon without Benefit of Clergy, HI. Provided always, That no Attainder for any Offence made Felony by virtue of this Act fhall Provifoes. make or work any Corruption of Blood, Lofs of Dower, or Disinheritance of Heir or Heirs. IV. Provided alfo, That no Perfon who fhall be punifhed for any Offence by virtue of this Act fhall be punifhed for the fame Offence, by virtue of any other Law or Statute whatsoever. V. And be it further enacled by the Authority aforefaid, That from and after the four and twentieth SatisfofHou f<# Day of 'June one thoufand feven hundred and unity-eight,' the Inhabitants of every hundred in that fuch. Waraages Part of Great Britain called England, wherein any fuch Offence as aforefaid fhall be committed, fhall rccovcraWe make full Satisfaction and Amends to all and every the Perfon ;md Perfons, their Executors, and Ad- drc?, miniftiators, for the Damages they fhall have fuftained or fuffered by any Injury or Violence done to their Properties by any Offender or Offenders againlt this Acl ; and that every Perfon and Perfons, who (hall fuftain Damages in their Properties by any of the faid Offences, (hall and are hereby enabled to fue for and recover fuch his or their Damages (the Sum to be recovered not exceeding one hundred Pounds) (not exceedins againft the faid Hundred, who by this Act fhall be made liable to anfwer all or any Part thereof; fuch looI Damages to be fued for, levied and raifed, in fuch Manner and Form, and by and under the like Me- thods and Directions, as are prefcribed and mentioned in Cafes of Actions for Robberies on the High- as in Cafes of way, in and by an Act made in the feven and twentieth Year of the Reign of Queen Elizabeth, in- Robbe 'y- titu'led, An Aft for the folloiving Hue and Cry, and by one other Act made in the eighth Year or the Reign of his prefent Majefty, intituled, An Alt for we Amendment of the L.aws relating to the Aftions on the Statute of Hue and Cry,, except fo much thereof as relates to giving, leaving or publishing Notice, or making frelh Suit and Flue and Cry, or any other Matter otherwife provided for by this Act. VI. Provided neverthelefs, and be it further enacled by the Authority aforefaid, That no Perfon or beeiven'within Perfons (hall be enabled to recover any Damages by virute of this Acl„unlefs he or they by themfelves or 2. Days after the by their Servants within two Days after fuch Damage or Injury done him or them by any fuch Offender Fa<a t° » Con- or Offenders as aforefaid, (hah 1 give Notice of fuch Offence don,e and committed to one of the Confta- ftabl '-> bles of the Hundred, or to the Conftable, Borfholder, Head.borough or Tythingman of the Town, andExam; Parifh, Village, Hamlet or Tything, in or near which fuch Fact fhall be committed ; and fhall, within tion upon Oath ten Days after fuch Notice give in his or their Examinations upon Oath, or the Examination upon within 10 Days. Oath of his or their Servants being prefent at the Time of the Fact being committed, or having the Care of fuch his or their Properties, to which fuch Damage or Injury fhall be done, before any Juftice of the Peace of the County, Liberty or Divifion, where fuch Fact (hall be committed, whether he or they do know the Perfon or Perfons that committed fuch Fact, or any of them ; and if upon fuch Exa- mination it be confeffed, that he or they do know the Perfon or Perfons that committed the faid Fact, or any of them, that then he or they fo conferring (hall be bound by Recognizance to profecute fuch Of- fender or Offenders according to this Act, or otherwife according to the Laws of the Realm VII. Provided alfo, and be it enacted by the Authority aforefaid, That where any Offence fhall be 'f/""^ n d e °? committed againft^ this Act, and any one of the faid Offenders fhall be apprehended and lawfully con- be^onvjaed 3 vicled of fuch Offence within the Space of twelve Months after the Offence committed ; no Hundred or within 12 Franchife therein (hall in any wife be fubjeel or liable to make any Satisfaction to the Party or Parties in- J*^*^' ^ jured for the Damages he or they (hall have fuftained; any thing in this Act contained to the contrary ^"fed. re ~ notwithstanding. VIII. Provided alfo. That no Perfon who (hall fuftain any Damage by reafon of any Offence to be t^b°^htT committed by any Offender contrary to this Act, (hall be enabled hereby to fue or bring any Action gainft hundreds againft any Hundred where Rich Offence (hall be committed, till: after the Expiration of one Year ; nor under t, or af- unlefs the Party or Parties fubftaining fuch Damage, (hall commence his, her, or their Action or Suit ter 2 s ' within two Years next after the Offence (hall be committed. Qmcernmg Cum jee J art her 24 Geo. z. c. 56. 26 Geo. 2. c. 15. 30 Geo. z. c. 1 S? 7. [31 Geo. z. c. 1 & 2;. 32 Gas. z. c.z & S. CAP. XXIII. An Aft to explain and amend an Act palled in the eighth Year of his prefent Majefly's Reign, intituled, An Acl for rebuilding the Parifh Church of Saint Leonard Shoredith in the County of Middlefex. PR. H E R E A S by an Act of Parliament made and paffed in the eighth Year of the Reign of his prefent Majefty, 'intituled, An A£t for rebuilding the Parifj Church of Saint Leonard Shoreditch in-ike County of.. Middlefex, it is amongft other Things enacted, That the Several Funeral Rates and Duties mentioned and Specified in a certain Indenture, bearing Date the eighth Day of April in the Year of our Lord one thoufand feven hundred and thirty-five, made between the Vicar of the faid Parilh of the one Part, and the Churchwardens and Overfeers of the Poor of the faid Parifh of the other Part, then intended to be inroiled in the High Court of Chancery, Should be collected, levied and paid in the faid Parifir, and be vefted in the Truftees by the faid Act appointed, to and for the fe- veral Ufes and Purpofes therein expreiled ; which Indenture hath been fince inroiled : And whereas the faid receited Act has been or may be conftrued to extend to the Funeral Rates, Fees, or Duties claimed by the Vicar, Clerk, and Sexton of the faid PariSh, fuch Fees, Rates, or Duties fo claimed by them being inferted in fuch Indenture, which it was not their Intention Should be applied to the Purpofes of that Act ;' May it pkafe your moft Excellent Majefty, that it may be enacted, &c. The Act 8 Geo. 2. c. 27. not to affect the Vicar, Clerk, or Sexton's Fees, &c. CAP.