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ingly publishing such certificate so counterfeited, erased, or falsified, (hall be subject to the same disabilities, penalties, and forfeitures, as are respectively prescribed and directed.by the said recited act, made in the fourteenth year of his Majesty's reign; which penalties and forfeitures (hall and may be sued for, prosecuted, and recovered, and applied, in the manner directed by that act.

C A P. XVIL

An act for building an additional jail, and also a prison and bouse of correction, within the county ot Cornwall j and for other purposes therein mentioned.

CAP. XVIII.

An acl to explain an aff, passed in the seventh year of the reign os his late majesty King George the second, intituled, An act for the more effectual preventing the forging the acceptance of bills of exchange ; or the numbers or principal sums of accountable receipts for notes, bills, or other securities for payment of money ; or warrants or orders for payment of money or delivery of goods.

WHEREAS doubts have arisen whether the punijhment, in- Preamble, flitted by an acl of parliament, made and passed in the seventh year of the reign of his late majefty King George the second, (intituled, An act for the more effectual preventing the forging the Act7Geo. acceptance of bills of exchange; or the numbers or principal recited, sums of accountable receipts for notes, bills, or other securities for payment of money; or warrants or orders for payment of money or delivery of goods,) on person; guilty of the several species of forgery therein mentioned, extends to such 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 consent of the lords spiritual and temporal, aiid commons, in this present parliament assembled, and by the authority of the same, That if any person, from and after the twenty-fifth day of Persons conMarch, one thousand seven hundred and seventy-eight, (hall victed of sorgfalsely make, alter, forge, or counterfeit, or cause or procure to ,nS an ac^psbe falsely made, altered, forged, or counterfeited, or willingly exchan^e^or act or assist in the false making, altering, forging, or counter- receipt for feiting, any acceptance of any bill of exchange, or the number payment of or principal sum of any accountable receipt for any note, bill, or money, etc. other security for payment of money, or any warrant or order ^1^0lnient to

fe 11* r » • oeirauo tiny

or payment or money or delivery or goods, with intention to corporatiuo,

defraud any corporation whatsoever; or shall utter or publim as lhali suffer true any false, altered, forged, or counterfeited acceptance of any death as febill of exchange, or accountable receipt for any note, bill, or *ostS* other security 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 same to be false, altered, forged, or counterfeited ; every such person, being thereof lawfully convicted, mail be deemed guilty of felony, and shall suffer death as a felon without benefit of clergy, >

CAP.

fVeamble.

CAP. XIX.

An aft for the payment os costs to parties, on complaints determined before justices of the peace out of sessions; for the payment of the charges of constables in certain cafes; and for the more effecluaV payment of charges to 'witnesses and prosecutors of any larceny^ or other felony*

WHEREAS by the laws now in being, his Maj efly's justices of the peace are not sufficiently authorised, on complaints that come before them out of sessions, to award costs against either, the person or persons complaining, or the person o*- persons against whom any complaint is made, as to juflice may appertain: may it please your Majesty that it may be enacted \ and be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this prelent Justices, out parliament assembled, and by the authority of the fame, That ot ltffion, where any complaint (hall be made before any of his Majesty's impowered to justices of the peace for any county, riding, division, city, town award colts corporate, franchise, or liberty, and any warrant or summons Son of comTM" fr*11 issue in consequence of such complaint, that then it (hall plaints and may be lawful to and for any justice or justices of the peace,*

brought be- who (hall have heard and determined the matter of the said fore them. complaint, to award such costs to be paid by either of the parties, and in manner and form as to him or them shall seem fit, On refusal of to the party injured : and in case any person, so ordered by the party to pay, said justice or justices of the peace to pay such sums of money roa ^ fe vied aS a^ore^a,^> notrtnw,rn Pay down or give security

b^diltress.16 f~or tne ^ame t0 tne satisfaction of the justice or justices, it (hall and may be lawful for the said justice or justices, by warrant under his hand and seal or their hands and seals, to levy the said sum or sums by distress and sale of the goods and chattels of such person so refusing or neglecting ; and where goods and chattels of such person cannot be found, to commit such person to the house of correction, for the county, riding, division, city, town corporate, franchise, or liberty, wherein such person shall reside, there to be kept to hard labour for any time nor exceeding one month, nor iefs than ten days, or until such sum or sums of money, together with the expences attending the commitment of such person to such house of correction, be first paid. If the penalty II. Provided nevertheless, That upon the conviction of any ©nanycormi- person or persons upon any penal statute or statutes, where the aroountto 1 Pena^y or penalties amount to or exceed the sum of five thTcoltlVali pounds, the said costs (hall be deducted by the said justice or jube deducted slices^ according to his or their discretion, out of the said penalty thtreouc, etc. or penalties, so that the said deduction shall not exceed one fifth part of the said penalty or penalties; and the remainder of the said penalty or penalties shall be paid to, or divided among, the person or persons who would have been entitled to the whole of The forms an- the penalty or penalties in cafe this act had not been made, rexed to this III, And be it further enacted by the authority a/oresaid, atec to $e u/ed. :S That That the several forms to this act annexed shall and may in the respective cases be used and observed.

IV. And whereas constables, beadborought, and tiihingmen, are or Constable?,

may- be at great charge in doing the business of their parish, townships ctc,{hall,ev<-r)r

er place- and in many cafes are not sufficiently indemnified by the laws; r4h^ec months, \ • 1 r 011 i J 1 ■ c c - j o^u t deliver to the

be it therefore enacted by the authority aforesaid, 1 hat every overseers aa

constable, headborough, or tithingman, shall every three months, account of and within fourteen days after he shall go out of such office, money by deliver to the overseers of the poor of the said parish, township, reived or place, for the time being, a just account in writing, fairly en- on account of tered in a book to be kept for that purpose, and signed by him, their respecof all sums so by him expended on account of the said parish, tive parilhes. township, or place, in all cases not hitherto provided for by the laws heretofore made, or by this act, and also of all sums received by him on the account of the said parish, township, or place; and the said overseers of the poor, or their successors, shall, within the next fourteen days after the said account or accounts shall be so delivered, lay the same before the inhabitants of the said parish, township, or place; and in case the said account or accounts be approved of by the majority of such inhabitants, the overseers of the poor of the said parish, township, or place, for the time being, are hereby authorised and required to pay out of the poor rates, made or to be made, for such parish, township, or place, such sum or sums of money as shall appear to be due on the said account or accounts; but in cafe the said account or If any such accounts, or any part thereof, (hall be disallowed, then the said account (hall overseers of the.poor for the time being shall then deliver back k-uft\*e' to the said constable, headborough, or tithingman, such book settle the-fame. of accounts; and it shall and may be lawful to and for the said constable, headborough, or tithingman, then to produce the said book before any one or more of his Majesty's justices of the peace in and for the county, riding, division, city, town corporate, franchise., or liberty, wherein such parish or township shall be situate, giving reasonable notice thereof to the overseers of the poor of the said parish, township, or place, for the time being; which said justice or justices is and are hereby authorised to examine the same, and to hear and determine any objection or objections that shall be made to the said accounts, and to settle the sum which to him or them shall appear due on the said account, and to enter the same in the said account, and to sign his or their name or names thereto; and the overseers of the poor of the said parish, township, or place, for the time being, are hereby authorised and required to pay the said sum, out of the money which shall come to their hands by virtue of any rate or assessment made or to be made for the relief of the poor.

V. Provided nevertheless, That in cafe the overseer or over- Appeal iqay seers of the poor of the said parish, township, or place, for the be made from time being, shall find that the said parish, township, or place, is *ne iufticeVs aggrieved by any neglect, act., or thing done, or omitted, by the ti^n^tc.Vo said constable, headborough, or tith ingman, or by any of his the quarter Majesty's: justices of the peace, or shall have any material objee- sessions,

tion

who may award costs

tion to such account, or any part thereof, or to such determination as aforesaid, it shall and may be lawful for such overseer or overseers, in any of the cafes aforesaid, giving reasonable notice to the said justice, constable,-headborough, or tithingman, to appeal to the next general or quarter sessions of the peace for the county, riding, division, city, town corporate, franchise, or liberty, where such parish, township, or place lies; and the justices of the peace there assembled are hereby authorised and required to receive such appeal, and to hear and finally determine the same; but if it (hall appear to the said justices, that reasonable notice was not given, then they, shall adjourn the said appeal to the next quarter sessions, and then and there finally hear and determine the fame; and the said justices may award and order, to the party for whom such appeal (hall be determined reasonable costs, in the fame manner that they are impowered to do in cafe of appeals concerning the settlement of poor persons, by an act made in the eighth and ninth years of King William the third, intituled, An aft for supplying some defeftsin the laws for the relief of the poor of this kingdom.

VI. Provided always, That in all corporations or liberties which have not four justices of the peace, it shall and may be lawful for the overseer or overseers 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 shall think fit, to the next general or quarter sessions of the peace for the county, riding,or division, wherein such corporation or liberty is situate.

VII. And whereas, by an aft passed in the twenty-fifth year of his late majesty King George the second, intituled, An act for the better preventing thefts and robberies, and for regulating places of publick entertainment, and punching persons keeping disorderly houses; it was recited, That whereas many persons are deterred from prosecuting persons guilty of felony, upon account of the expence attending such prosecutions, which isa cause of the encouragement os thefts and it was therein, among other things, enafted, That it jhould and might be in the power of the court before whom any person has been tried and convifted of any grand or petit larceny, or other felony, at the prayer of the prosecutor,' and on confederation of his circumstances, ta order the treasurer of the county in which the offence shall have been committed, to pay unto such prosecutor such sum of money as to the said court stall seem reasonable, not exceeding the expences which it /hall aopear to the court the prosecutor was put unto in carrying on such prosecution, making him a reasonable allowance for his time and trouble therein ; which order the clerk of assize, or clerk of the peace, respectively, was thereby direfted and required forthwith to make out, and deliver unto such prosecutor, upon being paid for the same the sum os one shilling, and no mere; And whereas^ by an aft, passed in the twenty-seventh year of his late majesty King George the second, reciting, That the expence, as well as loss of time, in attending courts of

poor witnesses- justice, is a discouragement to the poorer fort to appear as witnesses in ,c?ses of against offenders, who thereby escape the publick justice, and the punishment due to their crimes; it was enafted, That when any poor person

stall

Proviso relat ing to corporations, etc.

Redtal of an Act 25 Geo.2. tor preventing thef ts and robberies, etc.

and of an act 27 G<o 2. tor allowing the expences of

feiony.

'shall appear on recognizance in any courts to give evidence ogainjl another accused os any grander petit larceny>, or other felony// should and might be in the power os the court, at the prayer and on the oath of such person 1 and on consideration of his circumstances, in open court to pay unto such person such sum os money as to the said court shallseem reasonable, for his time, troubley and expence; which order the proper officer of such court is required to make out and deliver to such person, upon being paid for the fame the sum ofsixpence, and no more: And whereas the said recited afts of the twenty-fifth and twenty-seventh years of his late majesty King George the second, have been a great encouragement towards bringing offenders to justice, in all such cases as are within the purview of the said statutes; but neverthelef it has been found by experience, that the said herein-before recited statute of the tiventy-seventh year of his said late Majesty, ivith regard to persons appearing on recognizance in any court to give evidence as afore* said, extends only to poor persons, such court also considering their circumstances; and also does not extend to persons appearing on subpœna to give evidence: And whereas the said acl os the tiventy-fifth year of his said late Majesty, with regard to prosecutors, directs the court to consider the circumflances of such prosecutor, and also gives him relief only where the offender is convicted: And ivhereas it is just and reasonable, and may tend in suture to the prevention of crimes, or to the due prosecution of all offenders against the laws, that every prosecutor to conviction, and every person so appearing on recognizance or subpœna to give evidence, should be allowed his reasonable expences, and 'also, in case he be poor, a reasonablesatissaclion for his trouble and loss of time ; and that such allowance should be made to prosecutors as aforesaid, even though the person so accused be acquitted, provided it stall appear to such court, before whom the said prisoner stall have been tried, that there was a reasonable ground of prosecution, and that the prosecutor hath bona fide prosecuted; be it further enacted by the The court,: . authority aforesaid, That, from and after the passing of this act, before whom it shall and may be in the power of the court before whom any tHed7ot*°fe person has been tried and convicted of any grand or petit larceny, ]0ny, may or other felony, or before whom any person has been tried and order th^ acquitted of any grand or petit larceny, or other felony,* in cafe treaturer of it (hall appear to the said court that there was a reasonable ground ^ cTMn*y,' of prosecution, and that the said prosecutor hath bona fide prose- the'prosectitor cuted, to order, upon prayer of the said prosecutor, the treasurer bis expences, of the county, riding, or division, in which the offence shall and anallowhave been committed, or (hall have been supposed to have been \x^. ^%' committed, to pay unto such prosecutor such sum of money as to the said court (hall seem reasonable, not exceeding the expences which it (hall appear to the court the prosecutor was bona fide put unto in carrying on such prosecution, making, in case the said prosecutor shall appear to the court to be in poor circumstances, a reasonable allowance to such prosecutor For trouble and loss of time; which order the clerk of assize, or clerk of the peace, respectively, is hereby directed and'required forthwith to make out and deliver unto such prosecutor, upon being paid for the same the sum of one shilling, and no more j and the Vol, XXXII, C treasurer

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