Peace shall not act as such dur is sheriff. No person having, using, or exercising the Office of Sheriff Justice of the of any County, shall use or exercise the Office of the Justice of the Peace by force of any Commission or otherwise in any ing the time he County or Counties where he shall be Sheriff during the time only that he shall use or exercise the said Office of Sheriffwick, any thing in the former Act [1 Edw. 6. c. 7. s. 3.] to the contrary notwithstanding; and that every Act done by any such Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect, the said former Act notwithstanding. 1 Mar. st. 2. c. 8. The wages of the Justices and It is ordained and enacted, that in every Commission of the Justices of Peace, there shall be assigned but six Justices with the Justices of Assises; and that the said six Justices shall keep their Sessions in every quarter of the Year at the least, and by three days if need be, upon Pain to be punished according to the discretion of the King's Council at the suit of every man that will complain; and they shall inquire diligently amongst other things touching their Offices, if the said Mayors, Bailiffs, Stewards, Constables, and Gaolers have duly done execution of the Ordinances of Servants and Labourers, Beggars and Vagabonds, and shall punish them that be punishable by the pain of an Hundred Shillings by the same pain; and they that be found in Default, and which be not punishable by the same pain, shall be punished by their Discretion; and every of the said Justices shall take for their wages Four Shillings the day, for the time of their said Sessions, and their Clerk Two Shillings of the Fines and Amerciaments rising and coming of the same Sessions, by the hands of the Sheriffs; and that the Lords of Franchises shall be contributory to the said wages, after the rate of their part of Fines and Amerciaments aforesaid; and that no Steward of There shall be any Lord be assigned in any of the said Commissions; and no association to that no association shall be made to the Justices of the Peace after their first Commission; and it is not the intent of this Statute, that the Justices of the one Bench or of the other, nor the Sergeants of the Law, in case that they shall be named in the said Commissioners, shall be bound by force of this Statute to hold the said Sessions four times in the Year, as the other Commissioners, the which be continually dwelling in the Country, but that they shall do it when they may best attend it. 12 R. 2 c. 10. And also it is ordained by the same Authority, that every Justices of Peace Justice of Peace within this Realm, that shall take any Recognishall certify to zance for the Keeping of the Peace, that the same Justice do certify, send, or bring the same Recognizance, at the next Ses Ꭰ Ꭰ Ꮞ the Justices of Peace. The Judges and Sergeants at Law shall attend the Sessions but when they may. the sessions recognizances by them taken to keep the peace. Justices of Peace shall, before take examina tions in writing, and certify the same and the bonds to the next General Gaol Delivery. Such regulations extended to cases where offenders are committed and not bailed. sions of Peace where he is Justice, that the Party so bound may be called; and if the Party make Default, the same Default then to be recorded, and the same Recognizance, with the Record of the Default, be sent and certified into the Chancery, or afore the King in his Bench, or into the King's Exchequer. 3 H. 7. c. 1. And the said Justices [of Peace], or one of them, being of the bailing offenders, Quorum, when any Prisoner is brought before them for any Manslaughter or Felony, before any Bailment or Mainprize (see title Bail), shall take the examination of such Prisoner, and information of them that bring him, of the fact and circumstances thereof, and the same, or as much thereof as shall be material to prove the Felony shall put in writing before they make the same Bailment; which examination, together with the Bailment, such Justices shall certify to the next General Gaol Delivery within the limits of their Commission. 1, 2, P. & M. c. 13. s. 4. Reciting that the Act 1, 2, P. & M. c. 13. did not extend to Prisoners brought before any Justice of Peace for Manslaughter or Felony, and by such Justice committed to ward for suspicion of the same, and not bailed, in which case the Examination of such Prisoner and of such as brought him, was as necessary or rather more than where such Prisoner was let to Bail, enacts, that such Justice or Justices before whom any Person shall be brought for Manslaughter or Felony, or for suspicion thereof, before he or they shall commit or send such Prisoner to ward, shall take the Examination of such Prisoner, and Information of those that bring him, of the fact and circumstances thereof, and the same, or as much thereof as shall be material to prove Felony, shall put in writing within two days after the said Examination; and the same shall certify in such manner and form and at such time as they should and ought to do if such prisoner so committed or sent to ward had been bailed or let to mainprize, under the pains limited in that Act; and such Justices shall have authority to bind all such by recognizance or obligation, as do declare any thing material to prove the said Manslaughter or Felony, against such Prisoner so committed, to appear at the next General Gaol Delivery to be holden within the County, City, or Town Corporate, where the Trial for such Manslaughter or Felony be, then and there to give evidence against the Party; and the Justices shall certify the said Bonds taken before them in like manner as directed by the said recited Act, upon like pain as therein is mentioned. 2, 3, P. & M. c. 10. As to the Jurisdiction of Justices of Peace, as relating to offences committed on the High Seas, see title Piracy III. § 3. the Coroners shall put into writing the evidence given before the Jury, and return same to the next Gaol Delivery. Coroner may bind over parties at the trial of any Justices and to give evidence murder, &c. or felony ; and also return such examina tions and bonds. Penalty on them for neglect. 。 And every Coroner, upon any Inquisition before him found, whereby any Person shall be indicted for Murder or Manslaughter, or as accessary to the same before the fact, shall put in writing the effect of the Evidence given to the Jury before him, being material, and as well the said Justices as the said Coroner shall have authority by this Act to bind all such by recognizance or obligation, as do declare any thing material to prove the said Murder, Manslaughter, Offences, or Felonies, or to be accessory or accessories to the same, to appear at the next General Gaol Delivery to be holden within the County, City or Town Corporate, where the trial thereof shall be, then and there to give Evidence against the Party so indicted, at the time of his Trial; and shall certify as well the same Evidence as such Bond or Bonds in writing, as he shall take, together with the Inquisition or Indictment before him taken and found, at or before the time of his Trial to be had or made; and likewise such Justices shall certify all and every such Bond taken before them in like manner as before is said of Bailments and Examination: and in case any Justice of Peace or Quorum or Coroner shall offend in any thing contrary to the true intent and meaning of this Act, that then the Justices of Gaol Delivery of the Shire, City, Town, or Place where such offence shall happen to be committed, upon due proof thereof by examination before them, shall for every such offence set such fine on every of the same Justices of Peace and Coroner as the same Justices of Gaol Delivery shall think meet; and shall estreat the same as other fines and amerciaments before them ought to be. 1, 2, P. & M. c. 13. s. 5. Justices of Peace and Coroners within London and Middlesex, and in other Cities, Boroughs and Towns Corporate within this Realm and Wales, shall within their Jurisdictions have authority to let to Bail Felons and Prisoners, as they have here- taking bail, exatofore been accustomed; and also shall take examinations and minations, and bonds as is aforesaid, upon every Bailment by them made; and shall certify such Bailments, Bonds, and Examinations by them taken or made at the next Gaol Delivery to be holden in the Shire, City, Borough, or Town where their Jurisdictions extend, upon like pain and forfeiture as is before limited in this Act. s. 6. The Statute 7 G. 3. c. 21. recites that "authority is given by divers Acts of Parliament to two or more Justices of the Peace, whereof one or more are to be of the Quorum; and whereas many inconveniences have arisen in such Cities, The duty of and Coroners in London and Justices of Peace Middlesex in bonds. Instruments Justices in towns executed by two corporate, &c. shall be valid, though one is not of the Quorum. Boroughs, Towns, Corporate, Franchises, and Liberties as have only one Justice of the Peace of the Quorum qualified to act within the same;" and then enacts, that from and after the passing of this present Act, all Acts, Orders, Adjudications, Warrants, Indentures of Apprenticeship, or other Instruments which shall be made, done, or committed by virtue of any Act or Acts of Parliament made or to be made by two or more Justices of the Peace qualified to act within such Cities, Borouglis, Towns Corporate, Franchises, and Liberties, though neither of the said Justices are of the Quorum, shall be valid and effectual in law to all intents and purposes, as if one of the said Justices had been of the Quorum; any Law, Statute or Usage to the contrary notwithstanding. Kidnapping. The Statute 43 Eliz. c. 13. reciting that many subjects dwelling and inhabiting within the Counties of Northumberland, Cumberland, and Westmoreland, and the Bishoprick of Duresme, had been taken, some from their houses, others in travelling or otherwise, and carried out of the same Counties, or to some other place within the same as Prisoners, and cruelly treated, till they have been redeemed by great ransoms, enacts, (s. 2.) that whoever shall at any time hereafter, without good and lawful warrant and authority, take any of the Queen's subjects against his or their will or wills, and carry them out of the same Counties, or to any other place within any of the said Counties, or detain, force, or imprison him or them as Prisoners, or against his or their wills, to ransom them, or to make a prey or spoil of his or their person or goods, upon deadly feud or otherwise; or whoever shall be privy, consenting, aiding, or assisting unto any such taking, detaining, or carrying away, or procure the taking, detaining, or carrying away of any such person or persons, Prisoners as aforesaid; and shall be thereof indicted and lawfully convicted, or stand mute, or shall challenge peremptorily above twenty, before the Justices of Assizes, Gaol Delivery, Oyer and Terminer, or Justices of Peace within any of the said Counties, at some of their General Sessions, within some of the said Counties to be holden, shall be reputed, adjudged, and taken as Felons, and shall suffer pains of Death without any benefit of Clergy, and shall forfeit as in case of Felony. Persons outlawed upon this Statute shall be proclaimed by the Sheriff at certain places named in the Act, and persons conferring with or relieving such outlaws shall be imprisoned Six Months, and before being enlarged shall find sureties for One Year. 43 Eliz. c. 13. s. 4, 5. Clergy taken rious thieves and away from noto Northumberland By 18 Car. 2. c. 3. it is enacted, that the benefit of Clergy shall be taken away from great, known, and notorious thieves, and spoil-takers in Northumberland and Cumberland, or either spoiltakers in of them, during the continuance of this Act, who shall be duly and Cumberland. convicted for theft done in those Counties; or the Justices of East, P. C. 650. Assise and Commissioners of Oyer and Terminer or Gaol Delivery before whom such offenders are convicted may cause such offenders to be transported to America, there to remain and not to return. This Act is continued by 6 G. 2. c. 37. and made perpetual by 31 G. 2. c. 42. See further title NORTHERN COUNTIES. Lace. The Statute 28 G. 3. c. 7. "to render more effectual the Statute 15 G. 2. c. 20." recites that by that Act it is enacted that "from and after 1 July 1742, all Copper, Brass, and every other Metal inferior to Silver, shall be spun upon Thread, Yarn, or Inkle only, and not spun, mixed, wove, wrought, or set upon Silk, upon pain that each and every person offending therein shall forfeit and pay the sum of Five Shillings for each and every Ounce so spun, mixed, wove, wrought, or set upon Silk; and that, notwithstanding the said recited Act great Frauds have been committed, by Copper or other base Metal being woven or mixed with Silk, and worked up in imitation of Gold Lace; and it hath also been a practice for persons to gild and silver Copper, Brass, or other base Metal, and to spin or weave the same upon Silk, Thread, Yarn, or Inkle, and to work up the same in imitation of, and to mix the same with Gold and Silver Lace, Fringe, Cord, Embroidery, Tambour Work, and Buttons, which have been so exactly counterfeited that the public have been greatly imposed upon thereby, which tends to the discouragement as well of the manufacture as of the exportation thereof, and to the use and wear thereof at home, to the great diminution of the Bullion of this Kingdom, inasmuch as whatever is used in gilding or silvering Copper is never recovered, and also in diminution of his Majesty's Revenue;" and then, "for remedy thereof," enacts, that from and after the passing of this |