ingly publishing fuch certificate fo counterfeited, erased, or falfified, fhall be fubject to the fame difabilities, penalties, and forfeitures, as are refpectively prefcribed and directed by the faid reciteḍ act, made in the fourteenth year of his Majesty's reign; which penalties and forfeitures fhall and may be fued for, profecuted, and recovered, and applied, in the manner directed by

that act.

CA P. XVII.

An act for building an additional jail, and also a prifon and houfe of correction, within the county of Cornwall; and for other purposes therein mention.d.

CA P. XVIII.

An a&t to explain an act, passed in the feventh year of the reign of his late majesty King George the fecond, intituled, An act for the more effectual preventing the forging the acceptance of bills of exchange; or the numbers or principal fums of accountable receipts for notes, bills, or other fecurities for payment of money; or warrants or orders for payment of money or delivery of goods.

W HEREAS doubts have arifen whether the punishment in- Preamble.

7

ance of bills of

flicted by an act of parliament, made and poffed in the feventh year of the reign of his late majesty King George the fecond, (intituled, An act for the more effectual preventing the forging the Act, Geo. z. acceptance of bills of exchange; or the numbers or principal recited. fums of accountable receipts for notes, bills, or other fecurities for payment of money; or warrants or orders for payment of money or delivery of goods,) on perfons guilty of the feveral fpecies of forgery therein mentioned, extends to fuch forgeries when committed with an intention to defraud any corporation; be it therefore enacted by the King's most excellent Majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That if any perfon, from and after the twenty-fifth day of Perfons conMarch, one thousand seven hundred and seventy-eight, fhall victed of forgfalsely make, alter, forge, or counterfeit, or caufe or procure to ing an acceprbe falfely made, altered, forged, or counterfeited, or willingly exchange, or act or alfift in the falfe making, altering, forging, or counter- receipt for feiting, any acceptance of any bill of exchange, or the number payment of or principal fum of any accountable receipt for any note, bill, or money, etc. other security for payment of money, or any warrant or order with intent to defraud any for payment of money or delivery of goods, with intention to corporation, defraud any corporation whatsoever; or fhall utter or publish as fhall fuffer true any falfe, altered, forged, or counterfeited acceptance of any bill of exchange, or accountable receipt for any note, bill, or other fecurity for payment of money, or warrant or order for payment of money or delivery of goods, with intention to defraud any corporation whatsoever, knowing the fame to be falfe, altered, forged, or counterfeited; every fuch perfon, being thereof lawfully convicted, fhall be deemed guilty of felony, and shall fuffer death as a felon without benefit of clergy, CAP.

death as fe

lons.

i

Preamble.

Justices, out of leffion, impowered to

award cofts

on determina

tion of complaints brought be

tore them.

On refufal of party to pay,

etc the fame may be levied by distress.

If the penalty on any convic tion fhall amountto 51. the colts ball

be deducted thereout, etc.

CA P. XIX.

An all for the payment of costs to parties, on complaints determined before juftices of the peace out of feffions; for the payment of the charges of conftables in certain cafes; and for the more effectual payment of charges to witnesses and profecutors of any larceny, or other felony.

HEREAS by the laws now in being, his Majesty's juftices of the peace are not fufficiently authorised, on complaints that come before them out of feffions, to award cofts against either the perfon or perfons complaining, or the perfon or perfons against whom any complaint is made, as to justice may appertain: may it please your Majefty that it may be enacted; and be it enacted by the King's moit excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That where any complaint fhall be made before any of his Majefty's justices of the peace for any county, riding, division, city, town corporate, franchise, or liberty, and any warrant or fummons fhall iffue in confequence of fuch complaint, that then it fhall and may be lawful to and for any juftice or juftices of the peace, who shall have heard and determined the matter of the said complaint, to award such costs to be paid by either of the parties, and in manner and form as to him or them fhall feem fit, to the party injured: and in cafe any perfon, fo ordered by the faid juftice or juftices of the peace to pay fuch fums of money as aforefaid, fhall not forthwith pay down or give fecurity for the fame to the fatisfaction of the juftice or juftices, it fhall and may be lawful for the faid juftice or juftices, by warrant under his hand and feal or their hands and feals, to levy the faid fum or fums by diftrefs and fale of the goods and chattels of such person so refusing or neglecting; and where goods and chattels of fuch perfon cannot be found, to commit such person to the house of correction, for the county, riding, divifion, city, town corporate, franchife, or liberty, wherein such person shall refide, there to be kept to hard labour for any time nor exceeding one month, nor lefs than ten days, or until fuch fum or fums of money, together with the expences attending the commitment of fuch perfon to fuch houfe of correction, be first paid.

II. Provided nevertheless, That upon the conviction of any perfon or perfons upon any penal statute or statutes, where the penalty or penalties fhall amount to or exceed the fum of five pounds, the faid costs shall be deducted by the faid juftice or juftices, according to his or their difcretion, out of the faid penalty or penalties, fo that the faid deduction fhall not exceed one fifth part of the faid penalty or penalties; and the remainder of the faid penalty or penalties fhall be paid to, or divided among, the perfon or perfons who would have been entitled to the whole of The forms an- the penalty or penalties in case this act had not been made.

nexed to this

act to be used.

III. And be it further enacted by the authority aforefaid,

That

That the several forms to this act annexed shall and may in the respective cafes be used and obferved.

deliver to the

ed or received

on account of

İV. And whereas conftables, headboroughs, and tithingmen, are or Constables, may be at great charge in doing the business of their parish, township, etc, fhall,every or place, and in many cafes are not fufficiently indemnified by the laws; three months, be it therefore enacted by the authority aforefaid, That every overfeers an constable, headborough, or tithingman, thall every three months, account of and within fourteen days after he fhall go out of fuch office, money by deliver to the overfeers of the poor of the faid parith, township, them expendor place, for the time being, a juft account in writing, fairly entered in a book to be kept for that purpofe, and figned by him, their respecof all fums fo by him expended on account of the faid parifh, tive parishes. township, or place, in all cafes not hitherto provided for by the laws heretofore made, or by this act, and alfo of all fums received by him on the account of the faid parish, township, or place; and the faid overseers of the poor, or their fucceffors, thall, within the next fourteen days after the faid account or accounts fhall be fo delivered, lay the fame before the inhabitants of the said parish, township, or place; and in cafe the faid account or accounts be approved of by the majority of fuch inhabitants, the overfeers of the poor of the faid parish, township, or place, for the time being, are hereby authorifed and required to pay out of the poor rates, made or to be made, for fuch parifh, township, or place, fuch fum or fums of money as fhall appear to be due on the faid account or accounts; but in case the said account or If any such accounts, or any part thereof, fhall be difallowed, then the faid account shall overfeers of the poor for the time being fhall then deliver back be difallowed, to the faid conftable, headborough, or tithingman, fuch book fettle the fame. a justice may of accounts; and it fhall and may be lawful to and for the faid conftable, headborough, or tithingman, then to produce the faid book before any one or more of his Majefty's juftices of the peace in and for the county, riding, divifion, city, town corporate, franchise, or liberty, wherein fuch parish or township fhall be fituate, giving reafonable notice thereof to the overfeers of the poor of the faid parish, township, or place, for the time being; which faid juftice or juftices is and are hereby authorised to examine the fame, and to hear and determine any objection or objections that shall be made to the faid accounts, and to fettle the fum which to him or them shall appear due on the said account, and to enter the fame in the faid account, and to fign his or their name or names thereto; and the overseers of the poor of the faid parish, township, or place, for the time being, are hereby authorised and required to pay the faid fum, out of the money which thall come to their hands by virtue of any rate or affeffment made or to be made for the relief of the poor.

determina

V. Provided nevertheless, That in cafe the overfeer or over- Appeal may feers of the poor of the faid parish, township, or place, for the be made from time being, thall find that the faid parish, township, or place, is the juftice's aggrieved by any neglect, act, or thing done, or omitted, by the tion, etc. to faid conftable, headborough, or tithingman, or by any of his the quarter Majesty's justices of the peace, or fhall have any material objec- feffions,

1

1

1

الحر

who may award çofts.

Provifo relat

rations, etc.

tion to such account, or any part thereof, or to fuch determination as aforefaid, it shall and may be lawful for such overseer or overfeers, in any of the cafes aforefaid, giving reasonable notice to the faid justice, constable,-headborough, or tithingman, to appeal to the next general or quarter fellions of the peace for the county, riding, divifion, city, town corporate, franchise, or liberty, where fuch parish, township, or place lies; and the justices of the peace there affembled are hereby authorifed and required. to receive fuch appeal, and to hear and finally determine the fame; but if it fhall appear to the faid juftices, that reasonable notice was not given, then they shall adjourn the said appeal to the next quarter feffions, and then and there finally hear and determine the same; and the faid juftices may award and order, to the party for whom fuch appeal thall be determined reafonable costs, in the fame manner that they are impowered to do in cafe of appeals concerning the fettlement of poor perfons, by an act made in the eighth and ninth years of King William the third, intituled, An act for supplying fome defects in the laws for the relief of the poor of this kingdom.

VI. Provided always, That in all corporations or liberties. ing to corpo- which have not four juftices of the peace, it fhall and may be lawful for the overfeer or overfeers of the poor of the parish, township, or place, for the time being, where an appeal is given by this act, to appeal, if he or they fhall think fit, to the next general or quarter feffions of the peace for the county, riding, or divifion, wherein such corporation or liberty is fituate.

Recital of an

A&t 25 Geo. 2. for preventing thefts and robberies, etc.

and of an act

27 Geo 2. for allowing the expences of poor witneffes in cafes of felony.

VII. And whereas, by an act passed in the twenty-fifth year of his late majesty King George the fecond, intituled, An act for the better preventing thefts and robberies, and for regulating places of publick entertainment, and punishing perfons keeping diforderly houses; it was recited, That whereas many perfons are deterred from profecuting perfons guilty of felony, upon account of the expence attending fuch profecutions, which is a cause of the encouragement of thefts; and it was therein, among other things, enacted, That it should and might be in the power of the court before whom any perfon has been tried and convicted of any grand or petit larceny, or other felony, at the prayer of the profecutor, and on confideration of his circumstances, to order the treasurer of the county in which the offence shall have been committed, to pay unto fuch profecutor fuch fum of money as to the faid court fhall feem reasonable, not exceeding the expences which it shall appear to the court the profecutor was put unto in carrying on fuch profecution, making him areasonable allowance for his time and trouble therein; which order the clerk of afsize, or clerk of the peace, refpectively, was thereby directed and required forthwith to make out, and deliver unto fuch profecutor, upon being paid for the fame the fum of one filling, and no more: And whereas, by an act, passed in the twenty-feventh year of his late majesty King George the fecond, reciting, That the expence, as well as lofs of time, in attending courts of juftice, is a difcouragement to the poorer fort to appear as witnesses against offenders, who thereby escape the publick justice, and the punifoment due to their crimes; it was enacted, That when any poor perfon

hall appear on recognizance in any court, to give evidence against another accused of any grand or petit larceny, or other felony, it should and might be in the power of the court, at the prayer and on the oath of fuch perfon, and on confideration of his circumftances, in open court to pay unto fuch person such sum of money as to the faid court shall seem reafonable, for his time, trouble, and expence; which order the proper officer of fuch court is required to make out and deliver to fuch perfon, upon being paid for the fame the fum of fixpence, and no more: And whereas the faid recited acts of the twenty-fifth and twenty-Seventh years of his late majesty King George the fecond, have been a great encouragement towards bringing offenders to justice, in all fuch cafes as are within the purview of the faid ftatutes; but nevertheless it has been found by experience, that the faid herein-before recited ftatute of the twenty-seventh year of his faid late Majefty, with regard to perfons appearing on recognizance in any court to give evidence as aforefaid, extends only to poor perfons, fuch court alfo confidering their circumftances; and alfo does not extend to perfons appearing on fubpæna to give evidence: And whereas the faid act of the twenty-fifth year of his said late Majesty, with regard to profecutors, directs the court to confider the circumftances of fuch profecutor, and also gives him relief only where the offender is convicted: And whereas it is just and reaSonable, and may tend in future to the prevention of crimes, or to the due profecution of all offenders against the laws, that every profecutor to conviction, and every perfon fo appearing on recognizance or fubpœna to give evidence, fhould be allowed his reafonable expences, and alfo, in cafe he be poor, a reasonable fatisfaction for his trouble and lofs of time; and that fuch allowance should be made to profecutors as aforefaid, even though the perfon fo accufed be acquitted, provided it shall appear to fuch court, before whom the faid prifoner shall have been tried, that there was a reasonable ground of profecution, and that the profecutor bath bona fide profecuted; be it further enacted by the The court, authority aforesaid, That, from and after the paffing of this act, before whom it thall and may be in the power of the court before whom any tried for feany períon is perfon has been tried and convicted of any grand or petit larceny, lony, may or other felony, or before whom any perfon has been tried and order the acquitted of any grand or petit larceny, or other felony, in cafe treasurer of it thall appear to the faid court that there was a reasonable ground etc. to pay of profecution, and that the faid profecutor hath bona fide profe- the profecutor cuted, to order, upon prayer of the faid profecutor, the treasurer his expences, of the county, riding, or divifion, in which the offence fhall and an allow have been committed, or fhall have been supposed to have been ance for lofs of time: committed, to pay unto fuch profecutor fuch fum of money as to the faid court fhall feem reafonable, not exceeding the expences which it shall appear to the court the profecutor was bona fide put unto in carrying on fuch profecution, making, in cafe the faid profecutor fhall appear to the court to be in poor circumftances, a reasonable allowance to fuch profecutor for trouble and lofs of time; which order the clerk of aflize, or clerk of the peace, respectively, is hereby directed and required forthwith to make out and deliver unto fuch profecutor, upon being paid for the fame the fum of one fhilling, and no more; and the VOL. XXXII, treasurer

C

the county,