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of Peace may

this act.

Upon complaint and request of the party or parties injured in Three Justices any such manner, any three or more Justices of the Peace for the inquire of ofcounty, division, city, town corporate, or place where such offence fences under shall be committed, whereof one to be of the quorum, shall and may, and they are thereunto authorized and required by virtne of this act to enquire as well by the oaths of twelve lawful men or more of the same county, as by examination of witnesses upon oath, or by any lawful ways or means which to them shall seem meet, of and concerning any the offences before incurred, and offenders therein; and in order thereunto, to issue out warrants as well for the summoning of jurors as for the apprehending of all such persons as shall or may be thereof suspected, and to take their examination touching the same; as also to cause all such other persons as to them shall seem likely to make discovery thereof, to appear before them, and to give information upon path of and concerning their knowledge of the premises, so as no person so to be examined by the said Justices of the Peace, shall be convicted or in any wise proceeded against for or by reason of any offence concerning which he or they shall be so examined as a witness, and shall upon such his examination make a true discovery thereof; and in case any person or persons who by the said justices be thought likely to make discovery as aforesaid, shall refuse to appear, or to be examined as a witness, being duly summoned by the said Justices in pursuance of this act, it shall be lawful to the said Justices of the Peace to commit the party so refusing to the common gaol for the said county, without bail or mainprize, until he shall submit to be examined upon oath of and concerning his knowledge touching the same offence, or the offenders by whom the same was committed. s. 6. By s. 7. offenders punished under this act shall not be punished by any other law, and they shall be proceeded against within six months after the offence committed.

$ 3. Persous setting fire to any house, barn,

outhouse, hovel,

mow or stack of corn, straw, hay

If any person or persons shall set fire to any house, barn, or outhouse, or to any hovel, cock, mow, or stack of corn, straw, nay, or wood, or shall forcibly rescue any person being lawfully in custody of any officer or other person for any of the offences before mentioned; or if any person or persons shall by gift or promise of money or other reward, procure any of his Majesty's subjects to join him or them in any such unlawful act; every person so offending, being thereof lawfully convicted, shall be adjudged or procuring guilty of felony, and shall suffer death as in cases of felony, with- them in such out benefit of clergy. 9 G. 1. c. 22. s. 1.

or wood,
or forcibly
rescuing such

offenders,

others to join

acts, declared guilty of felony without clergy.

§ 4.

Persons in Eng

land or Ireland

maliciously setting fire to any

house, barn, granary, hop

oast, malthouse, &c. quthouse,

mill, &c. in the

By s. 4, 5. offenders not surrendering themselves after proclamation, and persons concealing offenders after the time appointed for such surrender, are also ousted of clergy.

By s. 14. offenders may be tried in any county in England, and corruption of blood is saved.

See the above statute at length under title "BLACK ACT." The above statute is made perpetual by statute 31 G. 2. c. 42. The statute 43 G. 3. c. 58. (1) enacts, that if any person or persons, from and after 1st July 1803, shall either in England or Ireland wilfully, maliciously, and unlawfully set fire to any house, barn, granary, hop oast, malthouse, stable, coach house, outhouse, mill, warehouse, or shop, whether such house, barn, granary, hop oast, malthouse, stable, coach house, outhouse, mill, warehouse, or shop shall then be in the possession of the person or persons so setting fire to the same, or in the possession of any other person or persons, or of any body corporate, with intent thereby to injure or defraud his Majesty, or any of his Majesty's ousted of clergy, subjects, or any body corporate, that then and in every such case the person or persons so offending, their counsellors, aiders, and abettors, knowing of and privy to such offence, shall be and are hereby declared to be felons, and shall suffer death as in cases of felony, without benefit of clergy. s. 1.

possession of the

offender, or any

other, with

intent to defraud any body corporate or others,

§ 5.

Servants negligently firing any house or

outhouse shall

forfeit £100, and

ment be com

mitted to the

tion for 18

months.

If any menial or other servant or servants, through negligence or carelessness, shall fire or cause to be fired any dwelling-house or outhouse or houses, such servant or servants being thereof lawfully convicted by the oath of one or more credible witnesses, in default of pay- made before two or more justices of the peace, shall forfeit and pay the sum of one hundred pounds unto the churchwardens of house of correc- such parish where such fire shall happen, to be distributed amongst the sufferers by such fire, in such proportions as to the said churchwardens shall seem just; and in case of default or refusal to pay the same immediately after such conviction, the same being lawfully demanded by the said churchwardens, that then and in such case such servant or servants shall, by warrant under the hand of two or more of her Majesty's justices of the peace, be committed to some workhouse or house of correction, as the said justices shall think fit, for the space of eighteen months, there to be kept to hard labour. 6 Ann. c. 31. s. 3.

(1) See this act at length, under title ASSAULT, I. § 2.

Artificers.

&c. artificers in

to leave the

The statute 25 G. 3. c. 67. (s. 6.) recites that "for the encou- Persons enticing, raging such manufactories (1) in this kingdom, it is necessary the iron or steel that provision should be made to prevent artificers, and others manufactories employed therein, from departing or from being seduced to kingdom; depart out of this kingdom," and then enacts, that from and after the 1st August 1785, if any person or persons shall contract with, entice, persuade, or endeavour to seduce or encourage any Artificer or Workman concerned or employed, or who shall have worked at or been employed in the iron or steel manufactures in this kingdom, or in any making or preparing any tools or utensils for such manufactory, to go out of Great Britain to any parts beyond the seas (except to Ireland), and shall be convicted thereof upon indictment or information in the Court of King's Bench at Westminster, or by Indictment at the Assizes or General Gaol Delivery or Quarter Sessions for the county or place wherein such offence shall be committed, or the offender or offenders shall live or reside; or by Indictment in the Court of Justiciary, or any of the Circuit Courts in Scotland, as the case may be; every person so convicted shall for every Artificer so contracted with, enticed, persuaded, encouraged, or seduced, or attempted so to be, forfeit and pay the sum of five hundred pounds of lawful money of Great Britain, and shall be committed to the common gaol for the county, place, or stewartry wherein the offender or offenders shall be convicted, there to remain without bail or mainprize, for the space of twelve calendar months, and until such forfeiture shall be paid; and in case of a subsequent offence of the same kind, the person or persons so again offending shall, upon the like conviction, forfeit and pay for every person so contracted with, enticed, persuaded, encouraged, or seduced, or attempted so to be, the sum of one thousand pounds of lawful money of Great Britain, and shall be committed to the common gaol as aforesaid, there to remain without bail or mainprize for and during the term of two years, and until such forfeitures shall be paid.

shall for the first

offence forfeit £500, and be imprisoned 12 months;

and for a secoú offence £1000,

and two years imprisonment.

Provided always, that no person shall be prosecuted for any Limitation of of the offences aforesaid, unless such prosecution shall be com- prosecutions. menced within the space of twelve calendar months next after

such offence shall be committed. s. 7.

(1) Of IRON and STEEL. See the act at large, under title Manu

FACTURES,

Recovery and application of penalties and forfeitures.

Limitation of actions.

General issue.

Treble costs. Seducing colliers from Great

Britain.

The several penalties and forfeitures herein before mentioned, shall and may be sued for and recovered by action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record at Westminster, or in the Court of Exchequer, or in the Court of Session in Scotland, in the name of his Majesty's Attorney General or Lord Advocate, or in the name of some officer or officers of the Customs in Great Britain respectively, wherein no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed; and one moiety of the said penalties and forfeitures shall go to the use of his Majesty, his heirs and successors, and the other moiety to the use of such officer or officers of the customs as shall sue and prosecute for the same respectively, after deducting the charges of prosecution from the whole. s. 8.

Limitation of actions or suits, three months; persons so sued may file common bail, or enter a common appearance, and plead the general issue; upon nonsuit, discontinuance, or a verdict, demurrer, or judgment against plaintiff, the defendant shall recover treble costs. s. 9.

By the Statute 39 G. 3. c. 56. reciting that "there have of late been many attempts to seduce Colliers out of Scotland into foreign countries," it is enacted, (s. 8.). that all persons seducing or attempting to seduce Colliers or others aforesaid, from the kingdom of Great Britain, shall be punished in the same manner as persons seducing or attempting to seduce manufacturers or other artizans are punishable by law.

Assault.

I. § 1. By statute 9 G. 1. c. 22. s. 1. maliciously shooting
at any person in any dwelling house, or rescuing

II

persons so offending, or procuring any one to join
therein, ousted of clergy.

§ 2. By statute 43 G. 3. c. 58. feloniously and mali-
ciously shooting at any of his Majesty's subjects,
or attempting so to do, or stabbing or cutting,
with intent to murder, maim, disfigure, &c. or
to obstruct the apprehension of an offender,
ousted of clergy.

By statute 26 G. 2. c. 19. s. 1. feloniously beating,
&c. any person endeavouring to save their life
from any ship, &c. in distress, or wrecked, &c.
ousted of clergy.

III. By statute 27 G. 2. c. 23. feloniously assaulting. another with any offensive weapon, or by menaces, or in a forcible or violent manner demanding money, with intent to rob, ousted of clergy.

IV.

V.

VI.

VII.

IX.

By 43 G. 3. c. 58. feloniously and maliciously shooting at any of his Majesty's subjects, or attempting so to do, or stabbing or cutting, with intent to rob, ousted of clergy. By statute 6 G. 1. c. 23. s. 11. assaulting another in the public streets or highways, with intent to tear, spoil, cut, burn, or deface, or tearing, &c. the garments; felony and transportation.

By statute 5, 6 Ed. 6. c. 4. striking with any weapon in any Church or Churchyard, or drawing any weapon there with intent to strike, a misdemeanor.

By statute 9 Ed. 2. c. 3. laying violent hands on a clerk, how punished.

By statute 33 H. 8. c. 12. malicious strikings, whereby blood is shed, in any of the King's Palaces or Houses, a misdemeanor.

By statute 9 Anne, c. 16. feloniously assaulting a Privy Counsellor, in the execution of his office, ousted of clergy.

VIII. By statutes 5 H. 4. c. 6. and 11 H. 6. c. 11. to assault any member of either House of Parliament attending their duty, is a misdemeanor. By statute 22, 23 Car. 2. c. 11. s. 9. and 11, 12 W. 3. c. 7. s. 9. a Mariner laying violent hands on his commander, to hinder him from fighting in defence of his ship, &c. ousted of clergy. By statute 12 G. 1. c. 34. s. 6. to assault, &c. any master woolcomber, &c. or other person concerned in the woollen manufactures, whereby he shall receive any bodily hurt, for not complying with any illegal By-law, &c. felony and transportation.

X.

By statute 22 G. 2. c. 27. (s. 12.) the above provisions are extended to certain other manufactures,

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