Page:Ruffhead - The Statutes at Large - vol 7.djvu/567

A. D. 1754. Anno vice(imo feptimo Georgii li. G. 7. 547 Rj;ain offending to be publickly whipped at_ the A'larket Place, or fome other publick Place of the City, "lown or Place, where Inch OiFender or Offenders fhali be refpeftively committed, twice or oftener, as to fuch Juftice or JuPcices (hall appear reafonable. II. And be it further enaded by the Authority aforefaid, That if any Perfoti or Perfons fliall buy, re- Penalty of bny- ceive, accept or take by way of Gift, Pawn, Pledge, Sale or Exchange, or in any other Manner what- '"B' *-^' ^"V *'^' foever, of or -from any Perfon or Perfons vyhomfoever, any Clock or Watch, or any Part or Parts of aj'l".'^? k." ^. Clock or Watch, or any Gold, Silver or other Metal or Material_ as aforefaid, whether the fame, or anyjnj ^heVameTJ" Part thereof, be or be not wrought or manufactured, or any Diamond, or other Precious Stone, which b/pudoined. fnall have been intrufted with any Perfoii or Perfons hired or employed as aforefaid, by any Perfon or Per- fons praclifmg the falj Trade or Trades, he, fhe or they, fo buying, receiving, accepting or taking, any fuch Goods, Materials or Effedfs, knov/ing the fame to be fo purloined or imbezilled, being thereof law- fully conviiled in manner before prefcribed, for the Convidlion of Perfons purloining or imbezilling the faid Goods, Materials or Effedts, fhall, for the firfl: Offence, forfeit twenty Pounds ; and in cafe the faidFhil Ofteni:?, Forfeiture fnall hot be forthwith paid, the Juftice or Juflices, before whom fuch Conviftion fhall be had, fhall commit the Party or Parties fo convi61;ed, to the Houfe of Correftion or other publick Prifon as afore- faid, there to be kept to hard Labour, for the Space of fourteen Days, unlefs the faid Forfeiture fhall be fooner paid ; and if within tv/o Days before the Expiration of the faid fourteen Days, the faid Forfeiture fliall not be paid, the faid Juftice or Juftices is and are hereby impowered and required, to order the Perfon or Perfons fo convifted, to be publickly whipped at the Market Place, or fome other publick Place of the City, Town, or Place, where fuch Offender or Offenders fliall be refpedlively committed, once or oftener, as to fuch Juftice- or Juflices fliall appear reafonable ; and in cafe of a further Conviflion for or upon a fecond or any other fubfequent Offence of the fame Kind, the Perfon or Perfons fo again offending, being thereof conviiSied in manner before prefcribed, fhall, for every fecond or other fubfequent Offence, forfeitSubfeqi:c.>t forty Pounds ; and in cafe the faid Forfeiture fliall not be forthwith paid, the Juftice or Juftices, before Off'^i'-;- whom fuch Conviftion fiiall be had, fliall commit the Party or Parties fo convided to the Houfe of Cor- reflion, or other publick Prifon as aforefaid, there to be kept to hard Labour for any Time not exceeding three Months, nor lefs than one Month, unlefs the faid Forfeiture ihall be fooner paid ; and if within feven Days before the Expiration of the Time for which fuch Offender or Offenders fhall be fo committed, the faid Forfeiture fhall not be paid, the faid Juftice or Juftices is and are hereby impowered and required to- order fuch Offender or Offenders to be publickly v/hipped at the Market Place, or fome other publick Place of the City, Town or Place where fuch Offender or Offenders fhall be refpedively committed, twice or oftener, as to fuch Juftice or Juftices fhall appear reafonable; and the faid refpedive Forfei- Application of tures, when recovered, sfter Satisfadion fliall have been made thereout to the Party or Parties injured, the Forfeitures, together with fuch Cofts of Profecution as fhall be judged reafonable by the Juftice or Juftices before whom fuch Convidion fhall have been had, fhall be paid and applied to and for the Ufe of the Poor of the Parifli or Place where the Perfon or Perfons fo convided fliall refide or inhabit. III. Provided alv/ays, and it is hereby enaded, That if any Perfon convidfed as aforefaid, of purloining, Appeal to the embezilllng, fecreting, felling, pawning, exchanging, or otherwile unlawfully difpofing of, or of buying, Qh."'^- receiving or taking to pav/n any of the Goods, Materials or E]ffe6fs herein before-mentioned, fhall think^^^'°"^' himfelf or herfclf aggrieved by the Judgment of the Juftice or Juftices before whom he or fne fhall have been convided, fuch Perfon iliall have Liberty to appeal to the Juftices at the next General or Quarter- Seffions of the Peace, which ifiall be held for the County, Riding, Divifion, City, Liberty, Town or Place, where fuch Judgment fliall have been given ;-and that the Execution of the faid Judgment fliall in fuch Cafe be fufpended, the Peribn fo convided entering into a Recognizance at the Time of fuch Con- viition, with two fufRcient Sureties, in double the Sum which fuch Perfon fhall have been adjudged to Recognizance forfeit, upon Condition to profecute fuch Appeal with Effed, and to be forth coming to abide the Judg- with Sureties, ment and Determination of the Juftices in the faid General or Ojrarter-Seffions ; which Recognizance the iaid Juftice or Juftices before whom fuch Convidion fnall be had is and are hereby impowered and required to take ; and the Juftices in the faid General or Quarter-Seffions are hereby authorized and required to hear and finally determine the Matter of the faid Appeal, and to avv'ard fuch Cofts as to them fhall appear JufHcas to hear juft and reafonable, to be paid by either Party; and if upon the Hearing of the faid Appeal, the Judgment^"^ determine, of the Juftice or Juftices before whom the Appellant fliall. ha^'e been convided fhall be affirmed, fuch Ap- pellant fliall immediately pay the Sum which he or ftie fliall have been adjudged to forfeit, together with and to award fuch Cofts as the Juftices in the faid General or (..'.uarter-Seffions fhall award to be paid by him or themx^'^"' ^=- for defraying the Expences fuftained by the Defendant or Defendants in fuch Appeal ; or m default of making fuch Payments, fhall faffer the refpcdive Pains and Penalties by this Ad inflided upon_ Perfons refp:dively who fhall negled to pay, or fliall not pay the refpedivc Forfeitures by this Ad nnpoled upon IV. And be it further enaded by the Authority aforefaid, That the Juftice or Juftices of the Peace Form o^r the 'be'bre whom any Perfon fliall be convided, in manner prefcribed by this Ad, of purloining, embezilling,C"""'^'0"; fecreting, felling, pawning, exchanging, or otherwife unlawfully difpofing of, or of buying, receiving or taking to pawn any of the Goods, Materials or Effeds aforeiliid, fhall catife fuch refpedivc Convidion. to be drawn up in the Form and Words following ; that is to fay, .4 A 2 Middkfx,