To whom this act shall extend. $2. for not complying with any demands, claims, or pretences of any of his or their workmen, or others employed by them in the said manufacture, or for not conforming or not submitting to any such illegal by-laws, ordinances, rules, or orders as aforesaid, every person so knowingly and wilfully offending in the premises, being thereof lawfully convicted upon any Indictment to be found within twelve calendar months next after any such offence committed, shall be adjudged guilty of Felony, and shall be transported for seven years to some or one of his Majesty's colonies or plantations in America, by such ways, means, and methods, and in such manner, and under such pains and penalties, as felons in other cases are by Law to be transported. 12 G. 1. c. 34. s. 6. And whereas the mysteries of combing of Jersey or Wool, and of Frame-work knitting and making of Stockings, are considerable branches of the Woollen Manufacture of this Kingdom; be it enacted, that this act, and all the clauses, provisions, pains, penalties, and forfeitures therein contained, shall extend and be constructed (1) and adjudged to extend to combers of Jersey and wool, to frame-work knitters and weavers or makers of stockings, and to all persons whatsoever employed or concerned in any of the said manufactures, in as full and ample manner as any other part of the woollen manufacture is provided for by this act; and the pains, penalties, and forfeitures which shall be incurred by virtue hereof, shall be inflicted, levied, and taken in the same manner as the pains, penalties, and forfeitures before mentioned in this act are directed, ordered, and appointed. s. 8. The statute 22 G. 2. c. 27. (s. 12.) recites the sixth and other sections of 12 G. 1. c. 34., and that "it is necessary that such provisions and regulations should be extended to journeymen dyers, journeymen Hot Pressers, and all other persons employed in the woollen manufactures of this kingdom; and also to journeymen, servants, workmen, and labourers, employed in the making of Felts or Hats, and in the manufactures of silk, mohair, fur, hemp, flax, linen, cotton, fustian, iron, and leather, or any manufactures made of wool, fur, hemp, flax, cotton, mohair, or silk, or of any of the said materials mixed one with another," and then enacts, The provisions of that the said several before recited clauses in the said act 12 G. 1., and all the provisions, regulations, pains, penalties, and forfeitures persons employed therein contained, shall, from and after the 24th of June 1749, extend, and be construed, deemed, and adjudged to extend, to journeymen dyers, journeymen hot-pressers, and all other persons 12 G. I. c. 34. s. 8. extended to in certain enumerated manu factures. (1) Probably an error for construed. whatsoever employed in or about any of the woollen manufactures of this Kingdom; and also to journeymen, servants, workmen, and labourers, and all other persons whatsoever, employed in the making of felts or hats, in or about any of the manufactures of silk, mohair, fur, hemp, flax, linen, cotton, fustian, iron, or leather, or in or about any manufactures made up of wool, fur, hemp, flax, cotton, mohair, or silk, or of any of the said materials mixed one with another, in as full and ample manner, as the said provisions, regulations, pains, penalties, and forfeitures, are by the said recited act declared to extend to the several and respective persons therein named; and the pains, penalties, and forfeitures which shall be incurred by reason of any offence committed against the said [recited] act by any person or persons employed or concerned in or about any of the said manufactures herein before enumerated, shall be inflicted, levied, and recovered in the same manner as the pains, penalties, and forfeitures contained in the said last in part recited act are directed to be inflicted, levied, and recovered upon and against the several and respective persons therein mentioned. XI. On Sheriffs and other Judicial Officers acting in the If any Sheriff or his Deputy, Justice of the Peace, Mayor, or other Magistrate, Coroner, Lord of a Manor, Commissioner of the Land Tax, Chief Constable, or Petty Constable, or other Peace Officer, or any Custom-house or Excise Officer, or other person lawfully authorized, shall be assaulted, beaten, and wounded for or on account of the exercise of his or their duty, in or concerning the salvage or preservation of any Ship or Vessel in Distress, or of any ship or vessel, goods or effects, stranded, wrecked, or cast on shore, or lying under water, in any of his Majesty's Dominions, then any person or persons so assaulting, beating, and wounding, shall upon trial and conviction by Indictment at the Assises or General Gaol Delivery, or at the General or Quarter Sessions for the county, riding, or division where such offence shall be committed, be transported for seven years to some of his Majesty's colonies in America; and shall be subject to such subsequent punishment, in case of return before that time, as other persons under sentence of transportation are by the law subjected unto. 26 G. 2. c. 19. s. 11. Person assaulting of money won at feit all his per sonals, and be im prisoned for two years. XII. Assaults on account of Money won at Play. (And see Title GAMING.) For preventing of such Quarrels as shall and may happen upon the account of Gaming, be it enacted, that in case any fight, on account person or persons whatsoever shall assault and beat, or shall playing, shall for- challenge or provoke to fight, any other person or persons whatsoever, upon account of any money won by gaming, playing, or betting at any of the games aforesaid (1); such person or persons assaulting and beating, or challenging or provoking to fight such other person or persons upon the account aforesaid, shall, being thereof convicted upon an indictment or information to be exhibited against him or them for that purpose, forfeit to her Majesty, her heirs and successors, all his goods, chattels, and personal estate whatsoever, and shall also suffer imprisonment without bail or mainprize in the common gaol of the county where such conviction shall be had, during the term of two years. 9 Ann. c. 14. s. 8. Clerk of Assise shall not, during Assises, act as person. Assise Clerk of). By the Statute 33 H. 8. c. 24. s. 6. it is provided and enacted, that any Clerk of Assise, during the only time of the Session of Counsel for any or for any Assise or Assises, or of or for any Nisi Prius, shall not be of Counsel with any person or persons within any Circuit whereof he shall be Clerk of Assise, otherwise than to that office only appertaineth, upon pain to forfeit, for every time offending contrary to this statute, ten pounds; one moiety to the King, and the other moiety to the party grieved, to be sued for in any of the King's Courts of Record, by action of debt, bill, plaint, information, or otherwise; in which suit no essoign, protection, wager of law, or other dilatory plea, shall be admitted or allowed. 3 Inst. 215. This act shall not extend to the Justices, Justice Clerks or Clerk of Assises within the Duchy and County Palatine of Lancaster, that now be or hereafter shall be. S. 7. Reciting, that persons had been indicted, arraigned, and attainted, and some of them Clerks convict, and some of them Clerk, attainted, and some of them outlawed, for Murder, Burglary, Robbery, and other Felonies, before Justices of Peace, Justices of Gaol Delivery, and Oyer and Terminer, within cities, counties, franchises, (1) Cards, dice, tables, tennis, bowls, or other game or games whatsoever. See s. 1, 2. of the act. and liberties, the Records whereof, by negligence of the Clerks of the Crown, Clerks of the Peace, Clerks of Assise, and others having the order and keeping of the same Records, have been imbezled, and not ready to be objected against such persons as have been newly arraigned in the Bench, or before other the King's Justices; and that it hath not been known whither to resort for such Records, because they were not certified into any place certain; whereby such persons, and like offenders, so newly arraigned, have had the Benefit of their Clergy, where they ought not ne should have had the same if such Records had then been present where such persons were so newly arraigned, or else certified into some other place certain, where the same might have been seen, sent, or written for to have been objected against such person so newly arraigned: in consideration whereof it is enacted, Clerks of the Crown, of the that the Clerk of the Crown, Clerks of the Peace, and Clerks of Peace, and of Assise for the time being, where such attainder, outlawry, or con- tify into K. B. a Assise, shall cerviction shall be so had, shall not only certify a brief transcript, in transcript of all persons convicted a few words, containing the tenor and effect of every such indict- before them ment, outlawry, or conviction, and clerk attainted before them; of felony; that is to say, the name, surname, and addition of every such person so indicted and thereupon outlawed, convicted or clerk attainted, and the certainty of the said felony or other offence, and the day and place thereof, before the King in his Bench at Westminster, there to remain of Record for ever, within forty days after such attainder, conviction, or outlawry, if the Term be then, and if not, within 20 days after the beginning of the next Term; upon pain that every such Clerk of the Crown, on penalty of 40s. Clerk of the Peace, and Clerk of Assise, for the non-certifying of omitted. every such Record, to lose and forfeit 40s., one moiety to the King, and the other to the party suing, by action of debt, &c.: and the Clerk of the Crown of the King's Bench shall receive such certificates and transcripts, when they shall be tendered by such Clerks of the Crown, Clerks of the Peace, and Clerks of Assise, or by their deputy, without taking any fee, upon pain of 40s. for every certificate refused. 34, 35 H. 8. c. 14. s. 2. If there be more persons contained in the indictment than are attainted, convicted, or outlawed, the names only of such as are attainted, &c. shall be certified. s. 3. for each name Clerk of the Crown of K. B. shall certify such transcripts to The Clerk of the Crown of the King's Bench shall, as the Justices of Gaol Delivery or Justices of Peace write to him for the names of such persons so attainted by outlawry, &c. or convict, incontinently, without delay, certify the same, under quired. penalty of 40s, for every name so written for and not certified, s. 4. Justices when re Assises. Assises of Novel Disseisin and Mortdancestor shall not be taken but in the Shires, and after this manner: We, or if we be out of this Realm, our Chief Justicers, shall send our Justicers through every County once in the year, which with the Knights of the Shires shall take the said Assises in those counties; and those things which at the coming of our foresaid Justicers being sent to take those Assises in the counties cannot be determined, shall be ended by them in some other place in their Circuit; and those things which for difficulty of some articles cannot be deshall be referred termined by them, shall be referred to our Justicers of the Bench, and there shall be ended. 9 H. 3. c. 12. Where any difficulty arises at the Assises it to K. B. The Assises shall be holden in the principal towns. None of the Gountry shall sit on the Bench with the Judges. Sheriffs, &c. shall certify the names of all persons in their custody to the Justices of Gaol Enforced and amended by 13 Ed. 1. c. 30. The Justices assigned and to be assigned to take Assises and deliver the gaols, shall from henceforth hold their Sessions in the principal and chief Towns of every of the Counties where the Shire Courts of the same Counties be holden and hereafter shall be holden. 6 R. 2. c. 5. 3 By 11 R. 2. c. 11., reciting 6 R. 2. c. 5., and inconveniences which had arisen therefrom, it is granted that the Chancellor of England for the time being shall have power thereof to make and provide a remedy by advice of the Justices from time to time when need shall be, notwithstanding the said statute. Item, the King doth will and forbid that no Lord nor other of the Country, little nor great, shall sit upon the Bench with the Justices to take Assises in their Sessions in the Counties of England, upon great Forfeiture to the King; and hath charged his Justices that they shall not suffer the contrary to be done. 20 R. 2. c. 3. It is enacted, that every Sheriff, Bailiff of Franchise, and every other person having authority or power of keeping of Gaol or of prisoners for felony, in like manner and form (1) do certify the names of every such prisoner in their keeping, and of every prisoner to them committed for any such cause, at the next General Gaol Delivery in every county or franchise where any such gaol or gaols have been or hereafter shall be, there to be kalendered before the Justices of the deliverance of the same gaol, whereby they may, as well for the King as the party, proceed to make deliverance of such prisoners according to the law, upon pain to forfeit unto the King, for every default thereof Recorded, C. s. 3 H. 7. c. 3. (1) As directed by the former part of the Statute, to be done by Justices of Peace of offenders bailed by them. And See post, title BAIL. |