III. PART II. and not follow or engage in any trade or business, or other CLASS profession, occupation, or employment, for his livelihood, No. 3. except that of a schoolmaster, and who shall produce a cerStat. 52 tificate of some Justice of the Peace, of his having taken G. 3. c. 155. and made and subscribed the oaths and declaration aforefices, and said, shall be exempt from the civil services and offices specified in the said recited Act passed in the first year of King William and Queen Mary, and from being balloted to serve, and from serving in the militia or local militia of any county, town, parish, or place, in any part of the United Kingdom. from militia. Sess. 1. c. 18. False certificate. Penalty. Doors of not bolted X. And be it further enacted, That every person who shall produce any false or untrue certificate or paper, as and for a true certificate of his having made and taken the oaths and subscribed the declarations by this Act required for the purpose of claiming any exemption from civil or military duties as aforesaid, under the provisions of this or any other Act or Acts of Parliament, shall forfeit for every such offence the sum of fifty pounds; which penalty may be recovered by and to the use of any person who will sue for the same by any action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record at Westminster, or the Courts of Great Sessions in Wales, or the Courts of the Counties Palatine in Chester, Lancaster, and Durham (as the case shall require); wherein no essoign, privilege, protection, or wager of law, or more than one imparlance shall be allowed. XI. And be it further enacted, That no meeting, assemreligious bly, or congregation of persons for religious worship, shall be assemblies had in any place with the door locked, bolted, or barred, or or barred. otherwise fastened, so as to prevent any persons entering therein during the time of any such meeting, assembly, or congregation; and the person teaching or preaching at such meeting, assembly, or congregation, shall forfeit for every time any such meeting, assembly, or congregation shall be held with the door locked, bolted, barred, or otherwise fastened as aforesaid, any sum not exceeding twenty pounds nor less than forty shillings, at the discretion of the Justices convicting for such offence. Penalty. Disturbing religious XII. And be it further enacted, That if any person or persons, at any time after the passing of this Act, do and assemblies. shall wilfully and maliciously or contemptuously disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorized by this Act, or any former Act or Acts of Parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, CLASS 111. No. 3. or person officiating at such meeting, assembly, or congre- PART II. gation, or any person or persons there assembled, such person or persons so offending, upon proof thereof before any Justice of the Peace by two or more credible witnesses, Stat. 52 shall find two sureties to be bound by recognizances in the G. 3. c. 155. penal sum of fifty pounds to answer for such offence, and Recognizin default of such sureties shall be committed to prison, ance. there to remain till the next General or Quarter Sessions; and upon conviction of the said offence at the said General or Quarter Sessions, shall suffer the pain and penalty of Penalty. forty pounds. XIII. Provided always, and be it further enacted, That Proviso for nothing in this Act contained shall affect or be construed to ecclesiasaffect the celebration of Divine service according to the diction of tical jurisrites and ceremonies of the United Church of England and the Church. Ireland, by Ministers of the said Church, in any place hitherto used for such purpose, or being now or hereafter duly consecrated or licensed by any Archbishop or Bishop or other person lawfully authorized to consecrate or license the same, or to affect the jurisdiction of the Archbishops or Bishops or other persons exercising lawful authority in the Church of the United Kingdom over the said Church, according to the rules and discipline of the same, and to the Laws and Statutes of the realm; but such jurisdiction shall remain and continue as if this Act had not passed. XIV. Provided also, and be it further enacted, That Act not to nothing in this Act contained shall extend or be construed extend to to extend to the people usually called Quakers, nor to any Quakers. meetings or assemblies for religious worship held or convened by such persons; or in any manner to alter or repeal or affect any Act, other than and except the Acts passed in the reign of King Charles the Second herein-before repealed, relating to the people called Quakers, or relating to any assemblies or meetings for religious worship held by them. before two or more XV. And be it further enacted, That every person Offenders guilty of any offence, for which any pecuniary penalty or convicted forfeiture is imposed by this Act, in respect of which no special provision is made, shall and may be convicted there- Justices. of by information upon the oath of any one or more credible witness or witnesses before any two or more Justices of the Peace acting in and for the county, riding, city, or place wherein such offence shall be committed; and that all Forfeitures and every the pecuniary penalties or forfeitures which shall levied by be incurred or become payable for any offence or offences distress. against this Act, shall and may be levied by distress under сс III. No. 3. PART II. the hand and seal or hands and seals of two Justices of the CLASS Peace for the county, riding, city, or place, in which any such offence or offences was or were committed, or where Stat. 52 the forfeiture or forfeitures was or were incurred, and shall G.3.c. 155. when levied be paid one moiety to the informer, and the other moiety to the poor of the parish in which the offence was committed; and in case of no sufficient distress whereby to levy the penalties, or any or either of them imposed by this Act, it shall and may be lawful for any such Justices respectively before whom the offender or offenders shall be Imprison- convicted, to commit such offender to prison for such time not exceeding three months, as the said Justices in their discretion shall think fit. ment. Appeal viction to tion. XVI. And be it further enacted, That in case any person or persons who shall hereafter be convicted of any of the offences punishable by this Act, shall conceive him, her, or themselves to be aggrieved by such conviction, then and in every such case it shall and may be lawful for such person or persons respectively, and he, she, or they shall or may appeal to the General or Quarter Sessions of the Peace holden next after such conviction in and for the county, riding, city, or place, giving unto the Justices before whom such conviction shall be made, notice in writing within eight days after any such conviction, of his, her, or their intention to prefer such appeal; and the said Justices in their said General or Quarter Sessions shall and may, and they are hereby authorized and empowered to proceed to the hearing and determination of the matter of such appeal, and to make such order therein, and to award such costs to be paid by and to either party, not exceeding forty shillings, as they in their discretion shall think fit. Limitation XVII. And be it further enacted, That no penalty or of prosecu- forfeiture shall be recoverable under this Act, unless the same shall be sued for, or the offence in respect of which the same is imposed is prosecuted before the Justices of the Peace or Quarter Sessions, within six months after the offence shall have been committed; and no person who shall suffer any imprisonment for non-payment of any penalty shall thereafter be liable to the payment of such penalty or forfeiture. Limitation XVIII. And be it further enacted, That if any action of actions. or suit shall be brought or commenced against any person or persons for any thing done in pursuance of this Act, that every such action or suit shall be commenced within three months next after the fact committed, and not afterwards, and shall be laid and brought in the county wherein CLASS III. No. 3. the cause or alleged cause of action shall have accrued, and PART II. not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence on any trial to be had Stat. 52 thereupon, and that the same was done in pursuance and G. 3. c. 155. by authority of this Act; and if it shall appear so to be General done, or if any such action or suit shall be brought after issue. the time so limited for bringing the same, or shall be brought in any other county, city, or place, that then and in such case the jury shall find for such defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have and may recover treble costs, and have Treble the like remedy for the same, as any defendant or defend-costs. ants hath or have for costs of suit in other cases by law. XIX. And be it further enacted, That this Act shall be Public deemed and taken to be a public Act, and shall be judi- Act. cially taken notice of as such by all Judges, Justices, and others, without specially pleading the same. CLASS IV. STATUTES COERCIVE OF ALEHOUSES AND DRUNKENNESS. Anno 4 Jac. I. Cap. 5. An Act for repressing the odious and loathsome Sin of WHEREAS the loathsome and odious sin of drunkenness is of late grown into common use within this realm, being the root and foundation of many other enormous sins, as bloodshed, stabbing, murder, swearing, fornication, adultery, and such like, to the great dishonour of God, and of our nation, the overthrow of many good arts and manual trades, the disabling of divers workmen, and the general impoverishing of many good subjects, abusively wasting the good creatures of God: No. 1. II. Be it therefore enacted by the King's most excellent 1 Salk. 45. Majesty, the Lords Spiritual and Temporal, and Commons, The forfeiture of him IV. that is con victed of drunken ness. 7 Jac. 1. c. 10. PART II. in this present Parliament assembled, and by the authority CLASS of the same, That all and every person or persons, which, No. 1. after forty days next following the end of this present sesStat. 4 sion of Parliament, shall be drunk, and of the same offence Jac. 1. c. 5. of drunkenness shall be lawfully convicted, shall for every such offence forfeit and lose five shillings of lawful money of England, to be paid within one week next after his, her, or their conviction thereof, to the hands of the Church-wardens of that parish where the offence shall be committed, who shall be accountable therefore to the use of the poor of The penal- the same parish: and if the said person or persons so conty for re- victed shall refuse or neglect to pay the said forfeiture as fusing or aforesaid, then the same shall be from time to time levied of able to pay the goods of every such person or persons so refusing or the forfeit neglecting to pay the same, by warrant or precept from the same Court, Judge, or Justices, before whom the same conviction shall be: and if the offender or offenders be not able to pay the said sum of five shillings, then the offender or offenders shall be committed to the stocks for every offence, there to remain by the space of six hours. being not ure. The forfeit ure of an inferior of ficer that doth neg 1 Haw. III. And be it further enacted by the authority aforesaid, That if any Constable, or any other inferior officer of that parish or place where the offence shall be committed, to whom that shall be given in charge by the precept of any Mayor, lect to do Bailiff, or other head officer, or Justices of the Peace within his duty. their several limits, do neglect the due correction of the said P. C. c. 78. offender, or the due levying of the said penalties, where disBurn, v. 1. tress may be had; then every person so offending shall forfeit the sum of ten shillings of current money of England, to the use of the poor of the same parish or place where the offence shall be committed, to be levied by way of distress, by any other person or persons having warrant from any Mayor, Bailiff, or other head officer, Justices of Peace, or Court, where any such conviction shall be, and to be paid to the Church-wardens as before limited, who are also to account for the same to the use aforesaid. 29. The penal- IV. And be it further enacted by the authority aforesaid, ty for con- That if any person or persons within this realm of England, tinuing or the dominion of Wales, shall remain or continue drinking drinking n an ale- or tippling in any inn, victualling-house, or alehouse, being in house, &c. the same city, town, village, or hamlet, wherein the said person or persons (so remaining drinking or tippling) doth dwell and inhabit at the time of such drinking and tippling; and provisions the same being viewed and seen by any Mayor, or other relating head officer, Justice or Justices of Peace, within their several limits, or duly proved in such manner and form as is limited in 7 Jac. 1. c. 10. Further hereto, 1 Car. 1. c. 4. 1 Jac. 1. c. 9. |