Ferfons within V. And be it further enacted by the authority aforefaid, the time limit- That every person who fhall, within the time above limited ing, to have for that purpofe, voluntarily come to the court of directors of moiety of the the faid united company, and make a true discovery in writing ed difcover forfeitures. East-Indies, guilty of a mifdemeanor. of the interest share, part, proportion or concern of any of his Majesty's fubjects in the capital, principal or stock of any fuch foreign company, fociety or corporation as aforefaid, then every fuch perfon, making fuch discovery, fhall have and receive, out of the forfeitures arifing or to arife upon or by virtue of this act, by from and out of the estate or estates of fuch perfon and perfons fo interested or concerned in any fuch foreign company, fociety or corporation as aforefaid, one moiety or halfpart of the clear amount of fuch forfeitures; and the court, in which the profecution against fuch offender or offenders hall be commenced, thall have full power and authority, and are hereby directed to award to the perfon making fuch difcovery, fuch reward as aforefaid. Subjects (ex- VI. And it is hereby further enacted by the authority aforecept lawfully faid, That if any perfon or perfons, fubject or fubjects to his authorized) going to the Majefty, his heirs or fucceffors (other than fuch as are lawfully authorized thereunto) fhall at any time or times from and after the four and twentieth day of June in the year of our Lord one thousand seven hundred and twenty four, go, fail, or repair to, or be, or be found in or at the Eaft-Indies, or any the places aforefaid, every perfon and perfons fo offending are, and are hereby declared to be guilty of a high crime and mifdemeanor, and shall and may be profecuted for the fame in any of his Majesty's courts of record at Westminster, wherein no effoin, wager of law or protection fhall be allowed, nor any more than one imparlance; and fuch person and perfons fo of fending, being convicted thereof, fhall be liable to fuch corporal punishment or imprisonment, or to fuch fine, as the court where fuch prosecution fhall be commenced fhall think fit; one moiety of fuch fine to be to the use of his Majefty, his heirs and fucceffors, and the other moiety thereof to him or them that shall inform and fue for the fame. Penalty. Offenders may be feized, VII. And it is hereby further enacted by the authority aforesaid, That all and every perfon and perfons so offending, shall and may be seized and brought to England, and it fhall and may be lawful to and for any one or more of his Majefty's juftices of the peace, and they are hereby authorized and reand commit- quired to commit all and every such person and perfons to the ted till fecuri- next county gaol, there to remain until fufficient fecurity be ty, &c. given by natural-born fubjects or denizens, to appear in the court where fuch fuit or profecution fhall be commenced or depending, to answer the fame, and not to go or depart out of court, or out of this kingdom, without the leave of the faid court. VIII. And to the intent that this act, and the laws heretofore made for encouraging, fettling and fecuring, or for better fecuring the lawful trade of his Majefty's fubjects to and from the bills filed for any of these the East-Indies and parts aforefaid, may more effectually be put in execution; be it further enacted by the authority aforefaid, That a capias in the firft procefs fhall and may iffue upon A capias in the any bill, plaint, indictment or information, commenced, found, firft procefs filed or profecuted, for, upon or by reafon of any the offences may iffue on mentioned in this act, or in any other act or acts made for the encouraging, fettling, fecuring, or better fecuring the lawful offences. trade of his Majesty's fubjects to and from the East-Indies and parts aforefaid, or for preventing all or any unlawful trade thereto or therefrom; which capias fhall specify the fum of the penalty fued for; and fuch offender and offenders fhall be Offenders to obliged to give fufficient bail or fecurity by natural-born fub- give bail by jects or denizens, to the perfon or perfons to whom fuch capias fubjects. thall be directed, to appear in the court, out of which fuch capias fhall iffue at the day or return of fuch writ, to answer fuch fuit or profecution; and fhall likewife, at the time of such appearing, give fufficient bail or fecurity by fuch perfons as aforefaid, in the faid court, to anfwer and pay all the forfeitures. and penalties incurred for fuch offence and offences, in cafe he, The or they fhall be convicted thereof, or to yield his, her or their body or bodies to prifon. natural-borg enumerated, C. 44. 3. IX. And it is hereby further enacted by the authority afore- Offences afaid, That all and every the offence and offences committed gainst this act, or done against this act, or against one act made in the ninth and the other year of the reign of his late majesty King William, intituled, An acts here act for raising a fum, not exceeding two millions, upon a fund for may be laid in payment of annuities after the rate of eight pounds per centum per London or annum, and for fettling the trade to the Eaft-Indies, or against Middlefex. one other act made in the fifth year of the reign of his prefent 2 & 10 W. Majefty, intituled, An act for the better fecuring the lawful trade s Geo. I. c. 21. of his Majesty's fubjects to and from the East-Indies; and for the more effectual preventing all his Majesty's fubjects trading thither under foreign commiffions, or against one other act made in the Geo.1. stat.1. feventh year of the reign of his prefent Majefty, intituled, An c. 21. act for the further preventing his Majesty's fubjects from trading to the Eaft-Indies under foreign commiffions; and for encouraging and further fecuring the lawful trade thereto; and for further regulating the pilots of Dover, Deal and the isle of Thanet, fhall and may, from and after the fourteenth day of June in the year of our Lord one thousand seven hundred and twenty three, be laid or alledged to be in the city of London or county of Middlefex, at the pleafure of the informer or profecutor. ftat. 1. c. 21. X. And it is hereby further enacted by the authority afore- This act, and faid, That this act, and also the said acts made in the fifth and 5 Geo. 1. c. 21. feventh years of his faid prefent Majefty's reign, in all and and 7 Geo. 1. every the claufes, articles and parts thereof, fhall be and be deemed, conftrued and adjudged to be publick acts, to all in publick acts. tents and purposes whatfoever: and furthermore, that the faid Act 5 Geo. 1. act made in the fifth year of his faid Majefty's reign, fhall ftand, continued for continue and be in full force and virtue for feven years, to be computed from the five and twentieth day of March one thou fand feven years, &c. Farther continued by 20 fand seven hundred and twenty three, and from thence to the end of the then next feffion of parliament, and no longer; any Geo. 2. c. 47. thing therein contained to the contrary thereof in any wife notwithstanding. If the company firft in of the for feitures fhall devolve upon them. XI. And it is hereby further enacted by the authority aforeform, the part faid, That in cafe the faid united company fhall firft inform, fue or profecute for any of the offences committed contrary to all or any the laws or ftatutes made for encouraging, fettling or fecuring to the faid company the lawful trade to and from the East-Indies, or for preventing any unlawful trade thereto. or therefrom, that then the part, fhare and proportion of the penalties and forfeitures otherwife given or appointed, in and by any of the faid acts, to any other perfon or perfons that fhould fue or inform for the fame, thall devolve upon, and be to the ufe of the faid united company, although fuch information, fuit or profecution be commenced by the said company after the time limited by law for the fuit, profecution or information of the common informer is elapfed. If fuit be commenced on the former acts, offenders not XII. Provided always, That if any fuit or profecution shall be commenced upon or by virtue of any the aforefaid former act or acts, then and in fuch cafe the offender or offenders to be fued on fhall not be sued or profecuted upon this act, or any branch this act,except or article thereof, except fuch fuit or profecution be by bill or by bill of com- bills of complaint in the faid courts of chancery or exchequer. plaint. CAP. XXVII. An act for preventing journeymen fhoemakers felling, exchanging or pawning boots, shoes, flippers, cut leather or other materials for making boots, shoes or flippers, and for better regulating the said journeymen. W HEREAS great frauds and abuses are frequently practifed by journeymen shoemakers, and others employed as fuch in the art or mystery of cordwainers, and their accomplices, in purloining, imbezilling, felling, pawning or exchanging for worse, the good leather, and other materials delivered to or entrusted with them, for making boots, shoes, flippers and other wares; and it is necessary to make further provifion for difcovering and punishing fuch offences, and for better regulating the faid journeymen: may it therefore please your most excellent Majefty, that it may be enacted; and be it enacted by the King's moft 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 journeyman fhoemaker or other perfon hired or employed as fuch, within the bills of mortality, hail, after the twenty-fourth day of June in the year of our Lord one thousand seven hundred and twenty-three, be accused by the mafter fo hiring or employing fuch journeyman or other perfon aforefaid, of having, after the faid twenty-fourth day of June one thoufand feven hundred and twenty-three, fraudulently purloined, embezilled, fold, pawned or exchang ed, ed, any boots, shoes, flippers, cut leather, lace, filk, lafts or On due proof other materials for making boots, fhoes, flippers or other wares, of journeynot being the proper goods of the perfon fo accufed, it fhall man's purloining boots, &c. and may be lawful to and for any one or more of his Majefty's a justice may juftices of the peace for the county, city, town or place where convict him. fuch offence fhall be committed, or where the party fo accufed fhall refide or inhabit, and fuch juftice or juftices is and are hereby respectively authorized and required, upon complaint or information upon oath of such offence (which oath or oaths fuch juftice or juftices is and are hereby impowered to adminifter) to summon the party or parties complained of, or to iffue his or their warrant or warrants, to apprehend and bring before him or them the perfon or perfons fo accufed, complained of or fufpected, and upon his or their appearance, or default to appear, to proceed to examine the matter of fact with which they are charged, and upon due proof thereof made, either by confeffion of the party or parties fo accufed, or upon the oath or oaths of one or more credible perfon or perfons, to determine the fame, and to convict the offender or offenders, and upon fuch conviction immediately to award to the party or and may aparties injured, reasonable recompence and fatisfaction for the ward fatisfacdamage, lofs and charges by them sustained, and upon the tion for daneglecting or refufing immediately to pay the fame, to levy the mage fuftainfame by warrant or warrants, under the hand and feal, or hands and feals of fuch justice or juftices, upon the goods and chattels of the offender or offenders, rendring the overplus to the owner or owners thereof, and for want of fufficient diftrefs, which may be to cause the offender or offenders to be whipt in the parish or levied by dif place where the offence fhall be committed; and in case of conviction for any fecond or other fuch offence, to commit the offender or offenders to the house of correction, there to remain and to be kept to hard labour, for any time not exceeding one month, nor lefs than fourteen days, as to fuch justice or juftices thall seem meet and reasonable. ed, tress. II. And for the more effectual deterring and punishing accomplices and confederates in the faid frauds and abufes, be it enacted by the authority aforefaid, That all and every perfon and perfons who fhall, from and after the faid twenty fourth day of June one thousand feven hundred and twenty three, buy or receive, or take in pawn, of or from any journeyman fhoemaker, or other perfon hired or employed as fuch, in manner as aforefaid, or from any other perfon whatfoever, any boots, fhoes, flippers, cut leather, lace, filk, lafts or other materials for makings boots, fhoes, flippers or other wares, not being the proper goods of the perfon or perfons felling or pawning, or offering to fell or pawn the fame, fhall for every fuch offence (being lawfully convicted thereof, in manner as aforefaid) make fuch reasonable recompence within two days after the matter of Confederates fact shall be determined, as upon hearing of the fame fhall be liable to the awarded, in manner as aforefaid, or else be subject to fuch di- fame punishftrefs, and for want of fufficient diftrefs, to be liable to the like punish ment. ༣ for leather, punishment as is hereby inflicted, or intended to be inflicted III. And for the more effectual difcovering where any fuch And may ers. Perfons refained by a new master before the and damage in detaining fuch goods, and charges in getting the IV. And for the better regulating the faid journeymen fhoemakers, be it further enacted by the authority aforefaid, That all and every person and perfons who fhall at any time hereafter be retained or employed in the making up of any boots, fhoes work deliver- and flippers, or other wares, for any one mafter, and shall need by a former glect the performance thereof, by fuffering himself to be reis done, fhall tained or employed by any other mafter, or other perfon whatfoever, before he or they fhall have completed the fame, and finished the faid work firft delivered to him or them, then in every fuch cafe, every perfon fo offending, being thereof law be sent to the houfe of correction. fully |