Final. Justices to grant Certifi cates for Relief to Sol diers and Sailors only. 43 G.3. c.61. Names of Overseers, Constables, &c. affixed on Door of Churches, &c. mination shall be appealed against, and entering into a Recognizance before any Justice of the Peace for the County or Place in which such Person shall have been convicted, with sufficient Surety, to try and prosecute such Appeal, and the Order of such General or Quarter Sessions thereupon shall be final. XVI. And be it further enacted, That from and after the passing of this Act, no Justice of the Peace, Mayor or other Magistrate, shall give or grant to any Person or Persons, other than a Person entitled thereto under and by virtue of an Act passed in the Forty third Year of the Reign of His late Majesty King George the Third, intituled An Act for the Relief of Soldiers, Sailors and Marines, and of the Wives of Soldiers, in the Cases therein mentioned, so far as relates to England, any Certificate or other Instrument, enabling such Person or Persons to ask Alms or Relief in their Route to any Place or Places, or for any other Purpose whatever; and all Persons asking Alms or Relief under and by virtue of any such Certificate or other Instrument as aforesaid, save and except as aforesaid, are hereby liable to be declared to be Rogues and Vagabonds in like manner as if they had possessed no, such Certificate, or other Instrument as aforesaid. XVII. And be it further enacted, That within Six Weeks after the passing of this Act, the Constable of every Parish, Town and Place, or Officer acting as such, shall cause to be stuck up and affixed, in clear and legible Letters, and so to be kept and continued, either on the Outer Doors, Porch or Entrance of any Parish Church, Chapel of Ease, Market House, Town Hall, Vestry, Watch-house or other convenient and conspicuous Building or Place, within their respective Parishes, Towns and Places, the Names at full Length, and the Places of Abode of every Overseer of the Poor, Headborough, Constable and Tythingman, for the Time being, residing within and acting for their respective PaDefacing such rishes, Towns or Places; and if any Person shall destroy or deface such Notice, he shall, on Conviction upon the Oath of One Witness, or by voluntary Confession before any Justice of the Peace, forfeit and pay the Sum of Ten Shillings, or in Default of Payment be imprisoned in the Common Gaol for the Space of Seven Days. Notice. Penalty, 10s. Justices may defray Ex. pences under this Act out of County Rates. Form of Conviction. XVIII. And to defray the Expences of apprehending and maintaining Rogues, Vagabonds and incorrigible Rogues, and likewise the Expences of sending Persons to and from Houses of Correction, and for defraying all other Expences necessary for the Execution of the same, not hereinbefore provided for;' Be it further enacted, That the Justices of the Peace, at the General or Quarter Sessions of the Peace, may and shall cause such Sums of Money as shall be necessary for all or any of the Purposes aforesaid to be paid out of the County Rates. XIX. And be it further enacted, That no Proceeding to be had Middlesex,BE it remembered, That on the to wit. One thousand eight hundred and in the Year of our Lord at A. B. is convicted before me C. D. • One 6 One of His Majesty's Justices of the Peace in and for the said County, of being a Rogue and Vagabond [or incorrigible Rogue] within the Intent and Meaning of the Statute made in the Year of the Reign of His Majesty King George the Fourth, intituled An Act [here insert the Title of this Act]; that is to say, for that the said A. B. on the , at Day of in the said County, [here state the Act of Vagrancy proved before the Magistrate.] Given under my Hand and Seal, the Day, Year and at the Place first above < written.' And the said Justice or Justices before whom any such Convic- Conviction transmitted to tion shall take place shall, and he and they is and are hereby re- the Sessions, quired to transmit the said Conviction, fairly transcribed upon and a Copy Parchment, to the next General or Quarter Session of the Peace thereof to be to be holden in and for the County, City, Riding, Division or Evidence. Place wherein such Conviction shall have taken place, there to be filed and kept on Record; and a Copy of the Conviction so filed, duly certified by the Clerk of the Peace, shall and may be read in any Court of Record as Evidence. XX. And be it further enacted, That in all Cases where Proceedings shall be had against any Justice or Justices of the Peace, Constable or other Person, for or on account of any Matter or Thing whatsoever done, commanded or expressed by him or them, in the Execution of his or their Duty or Office, whether such Proceedings be by Action, Motion, Rule to shew Cause, Indictment, Information, Affidavit, Certiorari or any other Application or Process which may occasion or subject him or either or any of them to Trouble or Expences under this Act, the said Justice or Justices, Constable or other Person, if he or they shall recover or be exculpated, shall have any Sum not exceeding Treble Costs awarded to him or them, by the Judge, Court or Jurisdiction wherein such Proceedings shall have been had, commenced or determined, to be paid to the said Justice or Justices, Constable or other Person, by the Person or Persons so having proceeded, who shall discontinue his Suit, or become nonsuit, or shall have a Verdict against him, or shall have his Application in any manner whatsoever dismissed or ended, unless the Judge or Court shall certify that there was a reasonable Cause for such Proceeding, Information or Complaint. In what Cases on Prosecution &c. they are to against Justices, have Treble Costs. XXI. Provided always, and be it further enacted, That where by No Double any Act or Acts of Parliament, any Person or Persons shall be Punishment. directed to be punished as an idle and disorderly Person or as a Rogue and Vagabond or an incorrigible Rogue, then and in every such Case, whether such Person or Persons shall or shall not have committed any Act or Acts of Vagrancy, as hereinbefore set forth, every such Person or Persons shall be punished under the Provisions, Powers and Directions of this Act. XXII. And be it further enacted, That nothing in this Act shall extend or be construed to repeal an Act made in the Tenth Year of the Reign of His late Majesty George the Second, intituled An Act to explain and amend so much of an Act made in the Twelfth Year of the Reign of Queen Anne, intituled An Act for reducing 'the Laws relating to Rogues, Vagabonds, sturdy Beggars and Vagrants, into one Act of Parliament, and for the more effectual 'punishing Proviso for 10 G. 2. c. 28. and all Acts relating to Players, &c. Limitation of 'punishing such Rogues, Vagabonds, sturdy Beggars and Vagrants, and sending them whither they ought to be sent,' as relates to common Players of Interludes, or any Part or Provision thereof, or any Act or Provision whatever relating to Players, Theatrical Representations or Places of Public Entertainment, save and except only, that when by any of the said Acts or Provisions any Person shall be deemed a Rogue and Vagabond for Default of Payment of any Penalty or Penalties inflicted by any of the said Acts or Provisions, such Persons shall be punished under the Provisions, Powers and Directions of this Act. XXIII. And be it further enacted, That all Actions, Suits and other Proceedings under this Act shall be commenced within Three Calendar Months after the Cause of Action or Complaint shall have arisen; and if any Person or Persons shall be sued for any Matter or Thing which he, she or they shall do in the ExecuGeneral Issue. tion of this Act, he, she or they may plead the General Issue and give the special Matter in Evidence. Proviso for Acts in force in Scotland and Ireland. Continuance of Act. Statutes relating to Importa tion and Exportation of Goods, &c. previous to 12 Car. 2. remaining unrepealed. XXIV. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to the Repeal of any Act or Acts now in force in Scotland or Ireland, so far as regards those Parts of the United Kingdom respectively. XXV. And be it further enacted, That this Act shall continue in force until the First Day of September One thousand eight hundred and twenty four, and no longer. CA P. XLI. An Act to repeal divers ancient Statutes and Parts of Statutes, several parliament, certain Parts thereof respectively, relating to the Importation and Exportation of Goods and Merchandize from Foreign Countries, and to the Regulations and Restrictions concerning such Importation and Exportation, made and passed at various Times before the Twelfth Year of the Reign of King Charles the Second, remain unrepealed although the same are 'inconsistent with or rendered unnecessary by the Acts made since that Time, and now in force, for the encouraging and increasing of Shipping and Navigation; and Doubts may be entertained how far the said Statutes or Acts, or some Parts thereof, may or may not be or remain in force or effect; and for the preventing ' of any Inconvenience which may arise from such Doubts, it is expedient that the said Statutes and Acts, or so much thereof as relate to the Importation and Exportation of such Goods, and to the Regulations and Restrictions concerning the same, should be expressly repealed and declared to be no longer in force or effect;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after herein mention- the passing of this Act, so much and such Parts of the several Statutes hereinafter mentioned and recited, relating to the Importation The Parts ed of certain Statutes relat 21 Stat. de Monetâ Freedom Aliens and 11 E. 3. c. 2,3. Importation of Foreign made ation of Goods, or to Commerce or Navigation, as are hereinafter ing to Importaspecified and set forth, shall be repealed, that is to say ;-So much tion, &c. of a Statute of uncertain Date, concerning Money, whereby it is repealed; viz. forbidden on the King's Behalf, that none bring Money into the Temp. Incerti, Country but only for his Expences;-and also, So much of the (vulgo 20 E.1.) said Statute as relates to any Money so brought; and also, So 9E.3. st. 1. c.1. much of a Statute made in the Ninth Year of the Reign of King Edward the Third, whereby it is ordained and established, "That all Merchants, Strangers and Denizens, and all other and every of them, of what Estate or Condition soever they be, that shall buy or sell Corn, Wines, Avoirdupois, Flesh, Fish and all other Livings and Victuals, Wools, Cloths, Wares, Merchandizes and all other Things vendible, from whencesoever they come, by Foreigners or Denizens, at what Place soever it be, City, Borough, Town, Port of the Sea, Fair, Market or elsewhere within the Realm, within Franchise or without, may freely, without Interruption, sell them to what Persons it shall please them, as well to Foreigners as to Denizens, except always the Enemies of our Lord the King and his Realm;"-and also, So much of the said Statute whereby any Damages are given, or any Penalty or Punishment, or Loss of Franchise is imposed or inflicted, for any Disturbance to any Merchants, contrary to the said Statute; and also, So much of the said Statute whereby it is ordained and established, "That no Alien or Denizen shall be troubled, but that he may freely buy such Things aforesaid in the said Places, and carry them where it pleaseth him ;" and also, So much of a Statute made in the Eleventh Year of the Reign of the said King Edward the Third, whereby it is accorded, "That no Man or Woman of England, Ireland, Wales or Scotland, (the King, Queen, and their Children only except,) shall wear no Cloth, other than is made in England, Ireland, Wales or Scotland, upon pain of Forfeiture of the same Cloth, and further to be punished at the King's Will;"- and also, So much of the said Statute, whereby it is accorded and established, "That no Merchant, Foreign nor Denizen, nor none other, shall bring or cause to be brought privily or openly, by himself nor by other, into the Lands of England, Ireland, Wales and Scotland, within the King's Power, any Cloths made in any other Places than in the same, upon the Forfeiture of the said Cloths, and further to be punished at the King's Will;"-and also, So much of a Sta- 14 E.3. st. 2. tute made in the Fourteenth Year of the Reign of the said King c. 2. Edward the Third, whereby it is granted or provided, "That all General FreeMerchants, Denizens and Foreigners, except those which be of dom of Trade. the King's Enmity, may without Let safely come into the Realm of England with their Goods and Merchandize;" and also, So 18 E. 3. st. 2. much of a Statute made in the Eighteenth Year of the Reign of c.3. the said King Edward the Third, whereby it is granted or provided, "That the Sea be open to all Manner of Merchants, to pass Sea open to with their Merchandize where it shall please them ;" and also, all Merchants. So much of a Statute made in the Twenty fifth Year of the Reign 25 E. 3. st. 3. of the said King Edward the Third, whereby it is accorded, (vulgo st. 4.) "That the said hereinbefore recited Statute, made in the Ninth and enlarging c. 2. confirming Year of the said King Edward the Third, in all Points and Articles st. 9. E.3. st. 1. contained in the same, be holden, kept and maintained; and that c. 1: if any Statute, Charter, Letters, Patents, Proclamation or Commandment, -- Cloths pro hibited. 27 E. 3. st. 1. Wines from 27 E. 3. st. 1. Forestalling 27 E. 3. st. 1. c.8. 27 E. 3. st. 2. c. 2. Freedom of Trade. 28 E. 3. c. 13. Merchants mandment, Usage, Allowance or Judgment be made to the contrary, the same shall be openly repealed, void and holden for none; and moreover, that every Merchant or other of what Condition he be, as well Alien as Denizen, that bring Wines, Flesh, Fish or other Victuals, Cloths, Woolfells, Avoirdupois or any other manner of Merchandizes or Chaffer, to the City of London, or other Cities, Boroughs or good Towns of England, or Ports of the Sea, may freely and without Challenge or Impeachment of any, sell them in Gross or at Retail, or by Parcels, at his Will, to all manner of People that will buy the same, notwithstanding any Franchises, Grants or Custom used, or any other thing done to the contrary;" and also, So much of a Statute made in the Twenty seventh Year of the Reign of the said King Edward the Third, whereby it is ordained and established, "That all Merchants, Gascoins and other Strangers, may safely bring their Wines into England, to what Port that shall please them, and thereof make their Profits ;" - and also, So much of the said last mentioned Statute as relates to the buying or engrossing or forestalling of Wines in Gascoigne, and as imposes any Penalty or Forfeiture in respect of such buying, engrossing or forestalling; and also, So much of the said last mentioned Statute, as relates to the gauging of Wines by the Gauging Wines. King's Gauger or his Deputy ; — and also, So much of the Statute or Ordinance of the Staples made in the Twenty seventh Year of the Reign of the said King Edward the Third, whereby it is ordained, established or provided, "That all Merchants Strangers which be not of the King's Enmity, of what Land or Nation that they be, may safely and surely come and dwell in the Realm of England and Land of Wales where they will, and from thence return with their Ships, Wares and all manner of Merchandizes, and freely sell their Merchandizes at the Staple and elsewhere within the same Realm and Lands, to any that will buy them ;"- and also, So much of a Statute made in the Twenty eighth Year of the Reign of the said King Edward the Third, whereby it is accorded and established, "That no manner of Ship, which is fraught towards coming freely England or elsewhere, be compelled to come to any Port of Engto any Ports. land, nor there to abide, against the Will of the Masters and Mariners of the same, or of the Merchants whose the Goods be; and if such Ships come of their own good Will or be driven by Tempests or other Misfortune or Mischief, to any Port in England, and the Masters, Mariners or Merchants of the same Ships will sell or deliver Part of their Merchandizes with their good Will, it shall be lawful for every Man to buy such Merchandize freely without Impeachment, in the Port where such Ships shall come, albeit the said Merchandizes be not put to land to sell; so that the Masters, Mariners and Merchants, after that they have sold that which pleaseth them of their said Goods, and paid thereof the Customs, may freely depart and go with their Ships and all the Remnant of their Goods whither it shall please them, without Custom thereof to be paid; and also, So much of the said last mentioned Statute as imposes any Forfeiture upon disturbing or hindering such Merchants; and also, So much of a Statute made in the Thirty first Year of the Reign of the said King Edward the Third, in the Parliament holden at Westminster, on the Monday next after Easter Gauging Wine. Week, as relates to the Contents of Tuns of Wine and the Gauging thereof; 31 E. 3. st. 1. c. 5. |