Elerk of the Peace (APPOINTMENT OF). Rotulorum of Clerk of the Every Custos Rotulorum for the time being shall, in every The Custo Shire of this Realm, Wales, and other the King's Dominions, the County shall Marches and Territories of the same, nominate, elect, appoint, a point the and assign all and every person and persons which hereafter Peace. shall be Clerks of the Peace within any such Shires of England, Wales, and other the King's Dominions, Marches and Territories of the same, and to give and grant the said Office of Clerkship of the Peace to such able person instructed in the Laws of this Realm as shall be able to exercise and occupy the same, to hold and enjoy the same during the time that the said Custos Rotulorum shall occupy and exercise his said office, so that the said Clerk demean him in the said office justly and honestly; and that every such grantee of such Clerkship shall occupy and enjoy the same office by himself or by his sufficient deputy, instructed in the Laws, so that the same deputy be admitted, taken, and reputed by the Custos Rotulorum to be able to exercise and occupy the same office. 37 Hen. 8. c. 1. s. 3. Exception in favour of certain persons who by Letters Exception. Patent may appoint to the office in Counties Palatine or other places. s. 5. Coal Works, Collieries, and Colliers. I. Maliciously setting on fire any Mine, Pit, or Delph of II. Maliciously Drowning any Coal Work, Mine, Pit, or Delph of Coal, or making any subterranean Cavities, &c. with III. Riotously demolishing or pulling down, &c. or beginning IV. Seducing Colliers to quit the Kingdom. Offenders setting Felony without Clergy. I. Maliciously setting on fire any Mine, Pit, or Delph of Coal or Cannel Coal. From and after the 24th June 1737, and during the continuance of the before-mentioned act of 9 G. 1. (c. 22.) if any shall be guilty of person or persons shall wilfully and maliciously set on fire or cause to be set on fire any Mine, Pit, or Delph of Coal or Cannel Coal, every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of felony, without Benefit of Clergy. 10 G. 2. c. 32. s. 6. made perpetual by 31 G. 2. c. 42. s. 5. Provisions and powers of 9 G. 1. to cases of offences committed by set ting fire to any mine, pit, or delph of Coal or Cannel Coal. All the provisions made in the act 9 G. 1. c. 22. for the more c. 22. extended speedy and easy bringing the offenders against the said act to justice, and the persons who shall conceal, aid, abet, or succour such offenders, and for making satisfaction and amends to al and every the person and persons, their executors and administrators, for the damages they shall have sustained or suffered by any offender or offenders against the said act, and for the encouragement of persons to apprehend and secure such offender and offenders, and for the better and more impartial trial of any indictment or information which shall be found, commenced, or prosecuted for any of the offences committed against the said act, together with all restrictions, limitations, and mitigations by the said act directed, shall, during the continuance of the said act, extend to and be of force and effect in all cases of offences committed by wilfully and maliciously setting on fire or causing to be set on fire any Mine, Pit, or Delph of Coal or Cannel Coal. 10 G. 2. c. 32. s. 4. made perpetual by 31 G. 2. c. 42. S. 5. II. Maliciously drowning any Coal Work, Mine, Pit, or Delph of Coal, or making any subterranean Cavities, &c. with Design to destroy or damage any such Coal Work, &c., or obstructing any Sough of Water used for draining any uch Coal Work, &c. The Statute 13 G. 2. c. 21. intituled "An act for further and more effectually preventing the wilful and malicious destruction of Collieries and Coal Works," reciting that "divers evil-disposed persons possessed of or interested in Collieries, have by secret and subtile devices wilfully and maliciously attempted to drown adjacent Collieries, and have by means of water conveyed or obstructed for that purpose, destroyed or damaged the same, intending thereby to enhance the price of Coals and Coal Works, Collieries, and Colliers. II. III. 111 ing Coal Pits, or making cavities with intent to damage Coal gain the Monopoly thereof," and then reciting the Act 10 G. 2. c. 32. whereby the wilfully and maliciously setting on fire any such Mine, &c. is made a capital Felony; and that "it is reasonable that an adequate punishment should likewise be inflicted on persons who shall wilfully and maliciously destroy or damage Collieries by means of water as is aforesaid;" enacts, that if any person, from and after 12 June 1740, shall Persons drownunlawfully, wilfully, and maliciously divert, or cause to be diverted, Water from any River, Brook, Watercourse, Channel, or Land Flood, or convey, or cause to be conveyed, Water into any Works; Coal Work, Mine, Pit, or Delph of Coal, or into any subterraneous Cavities or Passages, or make or cause to be made any subterraneous Cavities or Passages, with design thereby to destroy or damage any Coal Work or Mine, Pit, or Delph of Coal, belonging to any other person or persons, or shall for or obstructing that purpose, unlawfully, wilfully, and maliciously destroy or obstruct any sough or sewer (which has been a sough or sewer in common for fifty years), made for draining any Coal Work, Mine, Pit, or Delph of Coak, or shall attempt or continue any such mischievous practice, or shall aid or assist therein in manner aforesaid, every such person shall, for every such offence, forfeit and pay to the party or parties aggrieved treble damages and full costs of suit, to be sued for and recovered by Action of Debt, Bill, Plaint, or Information in any of his Majesty's Courts of Record at Westminster. any ancient sough of water, or aiding therein, shall pay treble damages and full costs, favour of owners Nothing in this act contained shall prevent or restrain, or Exception in be construed to prevent or restrain any person or persons, being of soughs. the owner or owners of any sough, drain, or sewer, from destroying, obstructing or diverting, using or disposing of any such sough, drain, or sewer, in such manner as he, she, or they respectively may now lawfully do. s. 2. III. Riotously demolishing or pulling down, &c. any Engine, The Statute 56 G. 3. c. 125. recites the Statutes 1 G. 1. st. 2. c. 5. 9 G. 3. c. 29., and 52 G. 3. c. 130.; and that "it is expedient and necessary that more effectual provision should be made for the protection of property not within the provisions of the said acts;" and then enacts, that if, after the passing of this act, any person or persons unlawfully, riotously, and tumultu- assembled, de Persons riotously molishing, pull ing down, &c. or beginning to demolish, &c. any fire or other engine, or any bridge, waggon way, &c. used in Collieries or Mines, or any building, &c. for depositing Coals, shall be guilty of felony without Benefit of Clergy. Punishment of to quit the Kingdom. ously assembled together in disturbance of the public peace, shall unlawfully and with force demolish, pull down, destroy, or damage, or begin to demolish, pull down, destroy, or damage, any Fire Engine or other Engine erected or to be erected for making, sinking, or working Collieries, Coal Mines, or other Mines, or any Bridge, Waggon-way, or Trunk, erected or made, or to be erected or made for conveying Coals or other Minerals from any Colliery, Coal Mine, or other Mine, to any place, or for shipping the same, or any Staith or other Erection or Building for depositing Coals or other Minerals, or used in the management or conducting of the business of any such Colliery, Coal Mine, or other Mine, whether the same Engines, Bridges, Waggonways, Trunks, Staiths, Erections, and other Buildings or Works, shall be respectively completed and finished, or only begun to be set up, made, and erected, that then every such demolishing, pulling down, destroying, and damaging, or beginning to demolish, pull down, destroy, and damage, shall be adjudged Felony, without Benefit of Clergy, and the offenders therein shall be adjudged Felons, and shall suffer Death as in case of Felony, without Benefit of Clergy. By s. 2. persons injured or damnified may recover the value of the property destroyed, as under 1 G. 1. st. 2. c. 5.; and by s. 3, such persons shall give information to magistrates of such Assembly having taken place, and also notice within two days after to some of the inhabitants of the place, and also be examined on oath before some Justice of the Peace, within four days, as to their knowledge of the offenders. IV. Seducing Colliers to quit the Kingdom. The Statute 39 G. 3. c. 56., reciting that "there have of seducing Colliers late been many attempts to seduce Colliers out of Scotland into foreign countries," enacts, (s. 8.) that all persons Seducing or attempting to seduce Colliers or others aforesaid (1) from the Kingdom of Great Britain, shall be punished in the same manner as persons seducing or attempting to seduce Manufacturers or other Artizans arc punishable by law. (1) The act mentions Colliers, Coal Bearers, and Coal Hewers. I. i. ii. iii. iv. II. Coin. Provisions for a New Silver Coinage, and Regulations Counterfeiting the Gold and Silver Coin of the Realm. Having in possession, making, mending, buying, III. i. The Offence of clipping, washing, rounding, filing, impairing, lightening, diminishing, falsifying, or melting the Coin of the Realm, or Foreign Coin current by Proclamation. IV. V. ii. Regulations for preventing any Gold Coin, current in iv. Buying, selling, or knowingly having in Possession the V. Seizing and destroying diminished Gold and Silver Coin tendered in Payment; (and see Division I. i. p. 115.) Receiving, paying, or putting off Counterfeit Money at or for a lower Rate or Value than the Denomination imports, and uttering or tendering in Payment any Counterfeit Money. Importing Counterfeit Coin. VI. i. Exporting the Coin of the Realm. VII. ii. Exporting certain Counterfeit Coin to the West Indies or America, or shipping the same with such Intent. Blanching Copper, or mixing blanched Copper with Silver, or buying or selling, &c. the same, or any malleable Composition to look like Gold. VIII. Having in Possession, or tendering in Payment, or putting off Counterfeit Foreign Coin. IX. Trial of Offences relating to the Coin. |