to the use of the informer, and the other moiety thereof to the use of the poor of the parish wherein such justice, mayor, or other chief magistrate shall reside; to be recovered by action, suit, bill, or plaint, in any of his Majesty's Courts of Record at Westminster; wherein no essoign, protection, or wager of law shall be allowed, or more than one imparlance. No. I. 19 Geo. II. c. 21. VII. And be it further enacted by the authority aforesaid, That if any Constables, constable, petty constable, tythingman, or other peace officer, shall wil- not doing fully and wittingly omit the performance of his duty in the execution of their duty, this Act, and be thereof convicted by the oath of one witness, before any justice of the peace for any county, riding, division, or liberty, or before the mayor, justice, bailiff, or other chief magistrate of any town corporate, every such constable, petty constable, tythingman, or other peace officer forfeit 40s. so offending, shall forfeit and lose the sum of forty shillings; to be levied and recovered by distress and sale of the offender's goods and chattels, by virtue of a warrant under the hand and seal of such justice, mayor or other chief magistrate, and to be disposed of, one moiety thereof to the use of the informer, and the other moiety to the use of the poor of the parish where such offence shall be committed; and in case such offender shall not have sufficient goods and chattels whereon to levy the said penalty, it shall and may be lawful for such justice, mayor, or other magistrate, to commit such offender to the house of correction for the county, riding, division, liberty, city, or place, there to remain, and be kept to hard labour for the space of one month. VIII. And be it further enacted by the authority aforesaid, That all and every justice of the peace for any county, riding, division, or liberty, and all and every mayor, justice, bailiff, or other chief magistrate of any town corporate, before whom any person or persons shall be convicted of profane swearing or cursing, shall cause the conviction to be drawn up in the words and form following: Middlesex,BE it remembered, that on the to wit. } in the day of and for want of distress, to be committed for one month to the house of correction. year of his Majesty's reign, A. B. was Form of 'convicted before me (one of his Majesty's justices of the conviction, peace for the county, riding, division, or liberty aforesaid; or before me mayor, justice, bailiff, or other chief magistrate of the city or town of within the county of as the case shall be) of swearing one or more profane oath or oaths, or of cursing one or more profane curse or curses, as 'the case shall be. Given under my hand and seal the day and year afore'said.' Which said form and conviction shall not be liable to be removed by certiorari into his Majesty's Court of King's Bench, but shall be deemed and taken to be final to all intents and purposes whatsoever; and the said jus- to be wrote on tice, mayor, bailiff, or other chief magistrate before whom such convic- parchment, tion shall be made, shall cause the same to be fairly wrote over upon returned to the parchment, and returned to the next general or quarter-sessions of the next sessions. peace for the county wherein such conviction was made, to be filed by the clerk of the peace, and remain and be kept amongst the records of the said county. IX. And be it further enacted by the authority aforesaid, That all and Justices, &c. every justice of the peace for any county, riding, division, or liberty, and to put this Act every mayor, justice, bailiff, or other chief magistrate of any city or town in execution corporate may, and they are hereby authorized and required to put this indiscrimiAct in execution against any person or persons within their several ju- nately. risdictions, although such justice, mayor, bailiff, or other chief magistrate shall be rated and pay to the relief of the poor of any parish, town, or place, where any offence, contrary to the true intent and meaning of this Act, shall be committed; any law or statute to the contrary in anywise notwithstanding. X. And be it further enacted by the authority aforesaid, That all and Penalties, how every penalty or penalties inflicted by this Act, upon any person or per- to be disposed VOL. VIII. T of. No. I. 19 Geo. II. c. 21. Offenders to pay all charges over and above the penalties, ted to the house of cor sons for profane cursing and swearing, shall be disposed of for the benefit or give security for the same to the sati, the said charges and expences, tion of such justice of the peace, hall and may be lawful for the te before whom such infor or be commit- mation or conviction shall be made, to edit such offender to the house of correction as aforesaid, there to remair and be kept to hard labour for the space of six days, over and above such time for which such offender may be committed in default of payment of the penalties inflicted by this Act; and in such case no charges of information and conviction shall be paid by any person whatsoever. rection for six days extraordinary. General issue. Treble costs. Proof, &c. to be made with in eight days. Act to be read quarterly in all churches, &c. Penalty of 5. for neglect. Fee of 18. to the justice's, &c. clerk. 21 Jac. 1. c. 20. and 6 & 7 W.3. c. 11. repealed. XI. And it is hereby further enacted, That if any action or suit shall be commenced or brought against any justice of the peace, constable, or other officer or person whatsoever, for doing or causing to be done, any thing in pursuance of this Act concerning the said offences, the defendant in that action may plead the general issue, and give the special matter in evidence; and if upon such action verdict be given for the defendant, or the plaintiff become nonsuit, or discontinue his action, then the defendant shall have treble costs. XII. Provided always, and it is hereby enacted, That no person shall be prosecuted or troubled for any offence against this statute hereinbefore or hereinafter mentioned, unless the same be proved or prosecuted within eight days next after the offence committed. XIII. And it is further enacted by the authority aforesaid, That this Act shall be publickly read four several times in the year, in all parish churches and publick chapels, by the parson, vicar, or curate of the respective parishes or chapels, immediately after morning or evening prayer, on four several Sundays: (that is to say) the Sunday next after the twentyfifth day of March, twenty-fourth day of June, twenty-ninth day of September, and twenty-fifth day of December, in every year; or in case divine service shall not be performed in any such church or chapel on any of the Sundays before mentioned, then upon the first Sunday after any of the said quarterly days on which divine service shall happen to be performed in any such church or chapel, under the pain of forfeiting the sum of five pounds for every such omission or neglect; to be levied by distress and sale of the offender's goods and chattels, by virtue of a warrant under the hand and seal of any one justice, mayor, bailiff, or other chief magistrate as aforesaid. XIV. And be it further enacted by the authority aforesaid, That the clerk of the justice, mayor, bailiff, or other chief officer, before whom proceedings upon this Act shall be had, shall and may receive and take for the information, summons, and conviction of every offender against this Act, the sum of one shilling and no more. XV. And be it further enacted by the authority aforesaid, That from and after the said first day of June one thousand seven hundred and fortysix, an Act made in the twenty-first year of the reign of King James the First, intituled, An Act to prevent and reform profane Cursing and Swearing; and also an Act made in the sixth and seventh years of the reign of King William the Third, intituled, An Act for the more effectual suppressing profane Cursing and Swearing, shall be and are hereby repealed. [No. II.] 4 George IV. c. 31.-An Act to amend an Act passed in the Nineteenth Year of the Reign of His late Majesty King George the Second, intituled An Act more effectually to prevent profane Cursing and Swearing.—[30th May 1823.] No. II. 4 Geo. IV. c. 31. 19 G. 2. c. 21. WHEREAS by an Act passer a the nineteenth year of the reign of his late Majesty King Geor e Second, intituled An Act more effectually to prevent profane Cursing Swearing, it is amongst other things provided, that the said Act sha e publicly read four several times in the year, in all parish churches and public chapels, by the parson, vicar, or curate of the respective parishes or chapels, immediately after morning or evening prayer, on four several Sundays; (that is to say), the Sunday next after the twenty-fifth day of March, twenty-fourth day of June, twentyninth day of September, and twenty-fifth day of December in every year; or in case divine service shall not be performed in any such church or chapel on any of the Sundays before mentioned, then upon the first Sunday after any of the said quarterly days on which divine service shall happen to be performed in any such church or chapel, upon pain of forfeiting the sum of five pounds for every such omission and neglect, to be levied by distress and sale of the offender's goods and chattels, by virtue of a warrant under the hand and seal of any one justice, mayor, bailiff or other chief magistrate as aforesaid: And whereas it is expedient that the aboverecited provision should be repealed; be it therefore enacted by the King's Provision of most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assem- quiring the bled, and by the authority of the same, That so much of the said statute same to be as is herein-before recited shall be and the same is hereby repealed. read quarterly in all Parish Churches, &c., repealed. II. And be it further enacted, That this Act shall be deemed and taken Public Act. to be a public Act; and shall be judicially taken notice of as such, by all judges, justices, and others, without being specially pleaded. recited Act re PART VI.-CLASS XXXVI. TITHES. [No. I.] 7 and 8 William III. c. 6.-An Act for the more easy Recovery of small Tithes. [At length Part II. Class II. No. 7.] [No. II.] 1 George I. st. 2. c. 6.-An Act for making perpetual an Act of the seventh and eighth Years of the Reign of his late Majesty King William the Third, intituled, An Act that the solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in the usual Form; and for explaining and enforcing the said Act in relation to the Payment of Tithes and ChurchRates; and for appointing the Form of an Affirmation to be taken by the said People called Quakers, instead of the Oath of Abjuration. [Inserted ante Part II. Class II.] PART VI.-CLASS XXXVII. TURNIPS, AND OTHER FIELD CROPS. [No. I.] 13 George III. c. 32.-An Act for repealing so much of an Act, made in the twenty-third Year of his late Majesty King George the Second, as relates to the preventing the stealing or destroying of Turnips; and for the more effectually preventing the stealing or destroying of Turnips, Potatoes, Cabbages, Parsnips, Pease, and Carrots. No. I. WHEREAS the cultivation of turnips, potatoes, cabbages, parsnips, pease, and carrots, is of great consequence to this kingdom, and 13 Geo. III. the laws in being are ineffectual for preventing the stealing and destroying the same;' Be it enacted by the King's most excellent Majesty, by c. 32. |