Page:Ruffhead - The Statutes at Large - vol 8.djvu/639

A. D. 1761. Anno fecundo Georgii III. C. 15. 605 by any Offender or Offenders againft this Acl (other than tho Driver of any P'ifh Cariiage as Crxrrptmtheortof ihe afbrefaid) can be levied on his, her, or their Goods and Chattels, then, and in every fuch calc, on l>ivci of a Fiih Carriage^ Proof thereof upon Oath before fome Jufticc or Juftices, within whofe refpeaive Jurifdiaion any fuch Offender or Offenders fhall refide or be, fuch Juftice or Ji>(Hces lliall, on the Application of theOffen.'er. ontheAp- and Seal, or Hands and Seals, of any fuch Juftice or Juftices, direfted to fome Peace Oftlcer or Of- ^'^ lL .'rC'-nv ficers, to apprehend any fuch Oftender or Offenders, if he, Ihe, or they can be found, and to convey ^/^^ r.ot exceeding u/o and commit every fuch Offender and Offenders to the Houfe of CorreiStion of the County, City, Months, or Place, where any fuch Offender or Offenders Ihall be found and apprehended, there to remain and be kept to hard Labour for any Time not exceeding two Months, as any fuch Juftice or Juftices "nlefs the Forfeiture be fhall order, unlefs the Money which fhall be forfeited by fuch Oftender or Offenders ftiall be fooner io<^n"P='J- paid. rt r n II r rr r» •/! Profeciitions to bi com- XXVII. Provided always, and it is hereby enaded. That no Perfon iliall fuffer any runiftiment m.^nccd within 3 Momhs for any Offence committed againft this Aft, unlefs the Profecution for the fame be commenced with- after the Offence ; in three calendar Months after fuch Offence committed ; and that where any Perfon ftiall fuffer Im-'-'"^'J e'-'"°"s <■"«■"*"§ Im- prifonment, purfuant to this Aft, for any Offence contrary thereto, in default of Payment ot: ^ny f^^°"^^"^l[ ^"^^^ J Penalty hereby impofed, fuch Perfon fhall not be liable afterwards to. pay fuch Penahy. p.iy the Penalty, XXVIII. Provided always, and be it enafted by the Authority aforefaid. That if any Perfon wha^^y ^ tj,e Parties cm- fhall contraft for Fifh contrary to the Intent of this Aft, fhall, before Information fhall be made cerncd incontnfting for and in every fuch cafe, the Perfon who fliall have fo informed againft and profecuted to Conviftion hiademaified'hirafelf,, any fuch other Perfon as aforefaid, fliall be acquitted and releafed from all Penalty and Fofeiture which the Party fo informing had incurred by having entered into, or been a Party to, any fuch Contraft, and and intitled to a Moiety, fhall be intitled to and have one Moiety of the Penalty which, fhall be forfeited by reafoji of the Con-of the Penalty, viftion of the Party informed againft. XXIX. And be it furth-er enafted by the Authority aforefaid, Tliat if it fhall be made out, by the Evidences may be fum- Oath of an)' credible Perfon or Perfons, to the Satisfaftion of any Juftice or Juftices of the Peace, n^oncj., and examiacd that any one, within the Jurifdiftion of any fuch Juftice or JulHces, is likely to give or offer material °j^^ profeau" ^"'^'^f' Evidence on behalf of the Profecutor of any Offender or Offenders againft the true Intent and Oiiindeis"" '"^ ^^^"^ Meaning of th's Aft, or on behalf of the Perfon or Perfons accufed, and. will not voluntarily appear before fuch Juftice or Juftices, and be examined, and give his, her, or their Evidence concerning. the Premifl'es, every fuch Juftice or Juftices is and are hereby authorised and required to ifl'ue his or their Summons, to convene every fuch Witnefs and Witneff'es before any fuch Juftice or Juftices, at fuch feafonable Time as in fuch Summons fliall be ffised ; and if any Perfon fo fumnioned fhall negleft And on their Nonap. ©r refufc to appear at the Time by fuch Summons appointed, and no juft Caufe fhall be oifered for !«=ai2nce, without Cwf*- fuch Negleft or Refufal, then, after Proof by Oath of fuch Summons having been duly ferved upon ^^*^"'"' '.J^f^"^;*^"' the Party or Parties fo fummoned, every fuch Juftice and Juftices sjs and are hereby authorized and gg^^ft them -^ required to iifue his or their Warrant under his Hand and Se.1l, or their Hands and Seals, to bring every fuch Witnefs or Witneffes before any fuch Juftice or Juftices ; and, on the Apprearance of afiy fuch Witnefs or Witneffes before any fuch Juftice or Juftices, every fuch Juftice or Juff:iccs is and" are hereby authorized and impowered to examine, upon Oath, every fuch Witnefs; and if any fuch and on fheir nefKfmj fcr Witnefs on his or her Appearance, or on being brought before fuch Juftice or Juftices, fliall refufc ^>e f^dmiacj, to be examined, on Oath, concerning the Premiffes, without offering any juft Caufe for liich. Refufal,.. any fuch Juftice or Juftices, within the Limits of his or their Jurifdiftion, may, by Warrant under his Hand and Seal, or their Hands and Seals, commit any Perfon or Perfons fo refafmg to be examiiied n^iy te cpminltted for- te the public Prifon of the County, Riding, Divifion, City, Liberty, or Place, in which the Per- ■"y'^"'^ ""^ !=«"^"S fon, or Perfons fo refufing to be examined fliall be, there to remain for any Time not exceeding ^"^ "^^^ °^^^^"" 3-" fourteen Days, norlefs than three Days, as any fuch Juftice or Juftices fhall clireft, XXX, And be i-t alfo enafted by the Authority aforefaid, That in cafe anv Perfon againft whom ^fff^fierefcaplng ov.t of a Warrant fliall be iffued by any Juftice or juftices of the Peace for any Ofence againft this Aft, fh^ J«"W"-'t'0,vof the mali go mto, relide, or be, in any other County, Ridmg, Diviuon, City, Liberty, 1 own, or Place,, rant againilhim, out of the Jurifdiftion of the Juftice or Juftices who fhall hav.e granted any fuch Warrant or War- rants as aforefaid, it, fhall and may be lawful for any Juftice or Juftices of the Peace of the County, the Juftice f&r the Cmm,. Riding, Divifton, City, Liberty, Town or Place, into which, fuch, Offender or Offenders againit ty where he. .'hill efcaps^ this Aft fhall go or be, to indorfe his or their Name or Names on fuch Warrant (Proof being firft^°' '"^y back fuch War- niade, on Oath, of fuch Warrant having been ftgned by fuch other Juftice or Juftices) and Wcry |^^-"*j,r'or| iT'^f,J"'^^ Warrant fo indorfed fhall be fufficicnt Authority,. to all Pecfons. to execute fuch Warrant in fuch "hereof ""^'^'^ 'gii'^Sr other County, Riding, Divifion, City, Liberty, Town, or Place, out of the Jurifdiftion of the. Juftice or Juftices who firft granted fuch- Warrant ;,■ and. every k'xa Jul! ice and Juftices rerp£<3:ively,.and rrayhear-and derer-. as the Cafe fhall happen, after indorfing any luch V/ arrant as aforefaid, may, on the Offender or mine the iviatterpi Com; Offenders therein named being apprehejided and brought before any fuch Juftice or Juftices v/ithin pla'nfj his or their refpeftive Jurifdidlions, hear, and determine the Matter of the Ccniplaint contained in^as if it had originally a^- nait ^iice was committed;, there to be, dealt, with according to Law> , County, to be dealt Nviti*, XXXI. iVnd accoiumg to Liw. .