Page:Ruffhead - The Statutes at Large - vol 8.djvu/112

I-I C. 2 4. Anno tricefimo G e o rg 1 1 II. A. D. 1 7 5 7 . every fuch Offender before feme Juftice or Juftices of the Peace afling for the County, Ridip^^^^J-;'"";^ who upon Con. City, Liberty or Place, where the Offence fhall be committed, or u'here the Offen^-^j^ ^^ ^^^ ^/^^^^ v.ai.n, „e to if the Perfon who fhall be apprehended ihall be convidted of the <aid Often^ej^';:'^^jj ^-^^^-^j^ g^^ ^^^^ c^lZr,T.r cr^^dible Witnefs or Witnelles, or on his own Confeflion, everjr jj^rV-^ ^^ j^^i^^^ before whom any fuch S IhL c s exceeding twenty Shillings, nor lefs than five Shillin^s^,,^ o,^,.^, every 1 ime he {hall fo offend, and be ^ ' Offender or Offenders fliall be convidted Jj^^^if fuch Money fo forfeited fhall, on the Convidion of any convidted as afore^j^ha'b'fs, b^e paid to the Perfon or Perfons on whofe Information the Party or Parties i'lYc'hXing fhall be convidted, and the other three Fourths thereof fhall be applied for the Ufe of the Poor of the Parifh wherein the Offence fliall have been committed, and fhall be paid to the Overfeers of the Offender not Poor OX fuch Parifh for that Purpofe ; and if the Party who fhall be convicted of the Offence laft mention- paying the For- pj^ (i^^ii not forthwith pay down the faid SUm fo forfeited by him, any fuch Juftice or Juftices fhall, by fdture, to be Varrant under his Hand, or their Hands, commit every fuch Offender to the Houfe of Corredtion, or wTa^ou!" fome other Prifon, of the County, Riding, Divihon, City, Liberty or Place, in which be (hall be appre- hended i there to remain and be kept to hard Labour tor any Time not exceeding the Space of one Month, or until he {hall pay the Sum of Money fo forfeited. Tufticc upon XVI. And be it further enaded by the Authority aforefaid. That it fhall and may be lawful to and for Comprint, to any Juftice or Juftices of the Peace of any County, Riding, Divifion, City, Liberty, Town or Place, and iffue his Warrant he and they is and are hereby required, upon Complaint made to him upon Oath of any Offence commit- fnr^bringing the tgd agaiuft -this Adt, within' the fame County, Riding, Divifion, City, Liberty, Town or Place, to illue OrrenJsts before j^.^ w'arrant for bringing before him, or fome other Juftice or Juftices of the Peace of any County, Ri- ""' ding, Divifion, City, Liberty, Town or Place, the Perfon or Perfons charged with fuch Offence ; and the fuftice or Juftices before whom fuch Perfon or Perfons fhall be brought, is hereby authorized and required to hear and determine the Matter of every fuch Complaint, and to proceed to Judgment and Convidtion theieupon, as by this Adt is diredted ; and if it fhall appear by Oath of any credible Perfon or Perfons, to the Satisfaction of any fuch Juftice or Juftices, that any Perlon or Perfons, within the Ju- rifdidtion of fuch Juftice or Juftices, can give or offer material Evidence on Behalf of the Profecutor, againfl any Offender or Offenders againft the true Litent and Meaning of this Adt, or on Behalf of the Perfon accufed, and who will not voluntarily appear before fuch Juftice or Juftices to be examined, and and may fum- give his, her or their Evidence, concerning the Premiffcs ; every fuch Juftice or Juftices is and are hereby tnon Witneires. authorized and required to iftue his or their Summons to convene every fuch Perfon or Perfons within his or their Jurifdidlion before him or them, to be examined upon Oath concerning the Premiffes ; and if any Perfon fo fummoned ftiall negledt or refufe to appear on fuch Summons, and no juft Excufe fhall be of- fered for fuch Negledt or Refufal, then (after Proof by Oath of fuch Summons having been duly ferved upon him, her or them for that Purpofe j any fuch Juftice or Juftices is and are hereby authorized and required to iftue his or their Warrant to bring every fuch Witnefs and Witnefles, within his or their Ju- andif the Wit- rifdidlion, before him or them ; and on the Appearance of any fuch Witnefs before any fuch Juftice or nefs refufes to Jufticcs, any fuch Jufticc or JufHces is and are hereby authorized and impowered to examine upon Oath give Evidence, ^vcry fuch Witnefs ; and if any fuch Witnefs, on nis or her Appearance, or being brought before any ^^.vtAto hd^' ^"'^^ Juftice or Juftices, fliall refufe to be examined on Oath concerning the Piemilies, without offering Lslwuf. ° ^^ Jiiiy juft caufc for fuch Refufal, it fhall be lawful for any fuch Juftice or Juftices, by Warrant under his or their Hand and Seal, or Hands and Seals, to commit every Perfon fo refufmg to the publick Priibn of the County, Riding, Divifion, City or Place, in which the Perfon or Perfons lo refufing to be examined on Oath fhall be brought before any fuch Jufticc or Juftices, there to remain for any Time not exceed- Material Witnefs ing three Months, as any fuch Juftice or Juftices fhall diredt ; and if, on fuch Examination, any fuch maybe bound Juftice or Jufticcs fhall deem the Evidence of any fuch Witnefs or Witnefles to be material, any fuch over to give Evi- ju{^ice or Juftices may bind over any fuch Witnefs, unlefs a Feme Coverc, or one under the Age of dence berore a twcnty-onc Years, by Recognizance, in a reafonable Penalty, to appear and give Evidence at the next ' """ General or Quarter-befTions of the Peace, or Seiiions of Oytr and Terminer^ as in fuch Recognizance fhall be meiirioned. XVII. And be it further enadtcd by the Authority aforefaid. That no Perfons charged on Oath with be"admittcd tV" being guilty of any of the Offences punifhable by this Adt, and which fhall require Bail, fhall be admitted Bail, till due No- to Bail before twenty-four Hours Notice, at leaft, fhall be proved by Oath to have been given in Wri- ticehas been gi- tjn_r to the Profecutor, of the Names and Places of Abode ot the Perfons propofed to be Bail for any fuch ven to the Pri- OftenJer or Offenders, unlefs the Bail offered fhall be well known to the Juftice or Juftices, and he and lecutor, &c. ^^^^ ^^|j ^^^^^^^ q^ thcm ; and every fuch Offender and Oftenders, who fhall be bound over to the Ge- ^ied"a*'the nwt ""^al Quarter- Seffions of the Peace, or Gaol Delivery, of the County, City, or Town wherein the Of- silflion, unlefs fence charged on him fhall have been committed, to aniwer any fuch Offences punifliable by this Adt, theCourtpiiofffh.il bc tried at fuch General Quarter-SefTions of the Peace, or SefTions oi Oyer and faminer and Gaol tbeTiidl. Delivery which fhall be held next after his, her or their being apprehended, unlefs the Court fhall think fit to put off the Trial on juft Caufe made out to them. Inhabitants XVill. Provided always, and be it enadted by the Authority aforefaid. That in all Adtions, Suits, where the Of- Trials and other Proceedings in Purfuance of this Adt, or in Relation to any Matter or Thing fence i« comm.t- herein contaii.cJ, any Inhabitant of the Parifh, 'I'own or Place, in which any Offence or Offences compcTent Wit- '^^^^ ^e committed, contrary to the true Intent and Meaning of this Adt, fhall bj admitted to give pjifg,. Evidence, and ftiall be deemed a competent Witnefs, notvv'itnftanding his, her or their being an in- habitant or Inhabitants of the Parifh, 'lowu or Place wherein any fuch Offence or Offences fhall have been committed. 1 XIX. And Court. Offenders not to