No. IV. 7 Geo. IV. c. 33. Carriages, Horses, &c., liable to be distrained for Duties and Penalties. Penalty on Witnesses not attending. Form of the justices of the peace at the next general quarter sessions of the peace for the county, riding, division, city, town, or place, who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same; and in case the judgment of such justices shall be affirmed, it shall be lawful for such justices to award the person or persons to pay costs occasioned by such appeal as to them shall seem meet: Provided always, that if the next general quarter sessions of the peace shall fall within six days after such conviction, it shall and may be lawful for the person so convicted, if he shall think fit, giving such security as aforesaid, to appeal to the next subsequent quarter sessions. XIX. And be it further enacted, That all and every the carriages or vehicles kept, used, or employed for the purpose of conveying passengers for hire as aforesaid, and all and every horse and horses, or other cattle, harness, and other articles and things used and employed for the purpose of drawing such carriages or vehicles, shall and may be seized and distrained to satisfy any arrear of duty or duties due and owing from the owner or owners, driver or drivers thereof, or the person or persons having the care or custody thereof, or licensed to keep, use, or employ the same, and also to pay and satisfy any penalty or penalties to which any such owner or owners, driver or drivers, or other person or persons as aforesaid, may become liable to pay under or by virtue of this or the herein-before mentioned Acts of the twenty-fifth year of his late Majesty and the third year of his present Majesty. XX. And be it further enacted, That if any person or persons shall be summoned as a witness or witnesses to give evidence before such justice or justices of the peace, touching any of the matters relative to this Act, either on the part of the prosecutor or the person or persons accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such his, her, or their neglect or refusal, to be allowed of by such justice or justices of the peace, or appearing shall refuse to be examined on oath, and give evidence before such justice or justices of the peace before whom the prosecution shall be depending, that then every such person shall forfeit for every such offence the sum of five pounds, to be levied and paid in such manner and by such means as are herein-before directed as to other penalties. XXI. And be it further enacted, That a conviction in the form and to the effect following, mutatis mutandis (as the case shall happen to be), shall be good and effectual to all intents and purposes whatsoever, without stating the evidence, and without alledging more than the substance of the offence, in all cases wherein such justice of the peace hath power to convict by virtue of the present Act: BE it remembered, That on the the year of our Lord in the county of C. D. one of his Majesty's justices of the peace for the said county where [here set forth the fact for which the information is laid], whereupon the said E. F. being duly summoned to answer the said charge, appeared 'before me, (and having heard the charge contained in the said information, acknowledged and voluntarily confessed the facts therein stated to be true), but in his [or her] defence alleged [here setting forth the substance of the defence], or voluntarily confessed the said charge to be true, or did not make any defence against the said charge, whereupon the same was fully proved on the oath of G. H. a credible witness, or said that he for she] was not guilty of the said offence, whereupon the same was fully proved on the oath of G. H. a credible witness, [or as the case shall be], or did not appear before me pursuant to the said summons, but the said charge was fully proved on the oath of G. H. a credible wit ness, [or as the case shall be]; and therefore it manifestly appearing to me that the said E. F. is guilty of the offence charged in the said in formation, I do hereby convict him [or her] of the said offence, and do 'adjudge that he or she hath forfeited the sum of of lawful money of Great Britain for the offence aforesaid, to be distributed as the law directs, according to the form of the statute in such case made and provided. Given under my hand and seal the day of No. IV. 7 Geo. IV. c. 33. Mitigation of Provided nevertheless, that it shall and may be lawful for the said justice or justices, when he or they shall see cause, to mitigate and lessen any Penalties. such penalty or penalties as he shall think fit or reasonable, (costs and charges of the officers and informers, as well in making the discovery as in prosecuting the same, being always allowed over and above such mitigation,) and so as such mitigation do not reduce such penalties to less than one-fourth part of the penalty or penalties incurred over and above the said costs and charges; any thing herein contained to the contrary notwithstanding. XXII. And be it further enacted, That it shall be lawful for any person By whom or persons whatsoever to lay, make, and prosecute any information be- Informations fore any justice or justices of the peace against any person or persons for may be laid. the recovery of any fine, penalty, or forfeiture made or incurred by virtue of this or any other Act or Acts of Parliament relating to carriages or vehicles kept, used, or employed to convey passengers for hire as aforesaid, any thing in any law or laws to the contrary thereof in anywise notwith standing and that all such pecuniary penalties shall be divided and dis- Application of tributed, if a prosecution or suit shall be commenced for the same within Penalties. the space of six calendar months from the time of any such penalty being incurred, in manner following; (that is to say), one moiety thereof to his Majesty, his heirs and successors, and the other moiety thereof (with full costs of suit) to the person or persons who shall inform and sue for the same; and in default of such prosecution within six calendar months from the time of any such penalty being incurred, then the whole thereof shall belong to his Majesty, his heirs or successors; and such moieties and penalties shall be paid into the hands of his Majesty's solicitor of stamps for the time being. Penalties be longing to His Majesty to be received by Justices, and paid to the Peace at the next Sessions, who shall remit them to the Solicitor Clerk of the XXIII. And be it further enacted, That every justice before whom any person or persons shall be convicted of any offence under or by virtue of this Act or the herein-before recited Acts, or either of them, shall take and receive the penalty or penalties, or share of the penalty or penalties belonging to his Majesty, levied or paid under or by virtue of such conviction; and that every such justice, his executors or administrators, shall pay or cause to be paid all such sums which he shall take or receive upon any conviction under or by virtue of this Act, or the Acts hereinbefore mentioned, or either of them as aforesaid, at the next general quarter sessions of the peace after he shall have so taken or received the same, into the bands of the clerk of the peace, or other such like officer of the county, riding, division, city, town, or place within which such conviction of Stamps. shall have been made, who is hereby directed to remit the same forthwith, without fee or reward, to the solicitor of stamps for the time being; and that every justice, his executors or administrators, shall immediately on such payment made to any clerk of the peace or other such officer, transmit to the said solicitor of stamps a schedule, containing the names of the persons so convicted, the day on which they were convicted, their respective offences, and the respective sums which were levied or paid under or by virtue of such conviction. Justices to transmit to Solicitor of Stamps a Schedule of PART VI.-CLASS XXXV. SWEARING. [ No. 1.] 19 George II. c. 21.-An Act more effectually to prevent profane Cursing and Swearing. FORASMUCH as the horrid, impious, and execrable vices of profane cursing and swearing (so highly displeasing to Almighty God, and loathsome and offensive to every Christian) are become so frequent and 'notorious, that unless speedily and effectually punished, they may justly provoke the Divine vengeance to increase the many calamities these nations now labour under: And whereas the laws now in being for punish'ing those crimes, have not answered the intents for which they were de'signed, by means of difficulties attending the putting such laws in execution: For remedy whereof, may it please your most excellent 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 present Parliament assembled, and by the authority of the same, That from and after the first day of June one thousand seven hundred and forty-six, if any person or persons shall profanely curse or swear, and be thereof convicted on the oath of any one or more witness or witnesses, before any one justice of the peace for any county, city, riding, division, or liberty, or before the mayor, justice, bailiff, or other chief magistrate of any city or town corporate, or by the confession of the party offending, every person or persons so offending, shall forfeit and lose the respective sums herein-after mentioned (that is to say); Every day labourer, common soldier, common sailor, and common And every other person under the degree of a gentleman, two shil- And every person of or above the degree of a gentleman, five shil- And in case any such person or persons shall, after conviction, offend a second time, every such person shall forfeit and lose double; and for every other offence after a second conviction, treble the sum first forfeited by any offender, for profane cursing and swearing as aforesaid. No. 1. 19 Geo. II. c. 21. The Penalty of profane cursing and swearing. Profane swearers in the hearing of any II. And be it further enacted, by the authority aforesaid, That in case any person or persons shall profanely swear or curse, in the presence and hearing of any justice of the peace for any county, riding, division, or justice, &c., to be convicted without other proof. No. I. 19 Geo. II. c. 21. Constables, &c., to seize persons profauely swearing, if unknown; liberty; or in the presence or hearing of any mayor, justice, bailiff, or other chief magistrate of any town corporate; every such justice, mayor, or other chief magistrate as aforesaid, shall and is hereby authorized and required to convict every such offender of such offence (in the form and manner herein-after set forth) without any other proof whatsoever. III. And be it further enacted, by the authority aforesaid, That in case any person or persons shall profanely swear or curse, in the presence and hearing of any constable, petty constable, tythingman, or other peace officer, it shall and may be lawful for any and every such constable, petty constable, tythingman, or other peace officer, and they and each of them are hereby authorized and required (in case any such person shall be unknown to such constable, petty constable, tythingman, or other peace officer) to seize, secure, and detain such offender or offenders, unknown to him or them as aforesaid; and such offender or offenders forthwith to carry before the next justice of the peace for the county, riding, division, or liberty, or before the mayor, justice, bailiff, or other chief magistrate of the town corporate, wherein such offence was committed; and the said justice, mayor, or other chief magistrate, is hereby authorized and required, on the oath of such constable, petty constable, tythingman, or other peace officer, to convict the offender in manner and form herein-after directed: and if they are And in case any such person so profanely swearing or cursing, in the known, infor mation to be made. Justices, &c., to order offender to appear, &c. Penalty to be paid, or security given, or offender to be committed for 10 days to the house of correction. Common soldiers, &c., not paying penalty, &c. presence or hearing of any such constable, petty constable, tythingman or other peace officer, shall be known to any of them, every such constable, petty constable, tythingman, or other peace officer, shall and is hereby required speedily to make information before some justice of the peace for the county, riding, division, or liberty, mayor, justice, bailiff, or chief magistrate of any town corporate as aforesaid, in order that the offender or offenders may be by such justice, mayor, bailiff, or chief magistrate convicted thereof, and punished for the same, in manner and form as in and by this Act is directed. IV. And be it further enacted by the authority aforesaid, That every such justice of the peace, mayor, or other chief magistrate as aforesaid, shall immediately upon information given upon oath of any such consta ble, petty constable, tythingman, or other peace officer, or of any other person whatsoever, cause the offender or offenders to appear before him; and upon such information being proved as aforesaid, convict such offender or offenders in such manner as in and by this Act is prescribed. And in case such offender or offenders shall not immediately pay down the respective sum so forfeited, to give security to the satisfaction of such justice, mayor, or other chief magistrate, before whom such conviction is made, it shall and may be lawful for such justice, mayor, or other chief magistrate, to commit the offender to the house of correction for the county, riding, division, liberty, city or town corporate where such offence shall be committed, there to remain, and be kept to hard labour for the space of ten days. V. Provided always, and it is hereby enacted by the authority aforesaid, That in case any common soldier belonging to any regiment in his Majesty's service, or any common sailor or common seaman belonging to any ship or vessel, shall be convicted of profane cursing or swearing as aforesaid, and shall not immediately pay down the penalty by him forfeited, or give security for the same as aforesaid, and also the cost of the information, summons, and conviction, as in and by this Act is directed; every such common soldier, common sailor, or common seaman, instead of being committed to the house of correction, as by this Act is directed, shall by the said justice, may or, bailiff, or other head officer, be ordered to be Set in stocks. publicly set in the stocks for the space of one hour, for every single offence; and for any number of offences, whereof he shall be convicted at one and the same time, two hours. Justices, not doing their duty, forfeit 51. VI. And be it further enacted by the authority aforesaid, That if any justice of the peace of any county, riding, division, or liberty, mayor, justice, bailiff, or other chief magistrate of any town corporate, shall wilfully and wittingly omit the performance of his duty, in the execution of this Act, he shall forfeit and lose the sum of five pounds; one moiety thereof |