No. I. 39 and 40 c. 99. on penalty from 10. to 51. Penalties on pawnbrokers offending against this Act, in neglecting entries not memorandum, duplicate, or other paper necessary, which shall or ought to be in the hands, custody, or power of any pawnbroker, to summon such George III. pawnbroker before him to attend, with all and every or any book, note, voucher, memorandum, duplicate, or paper, which he or she may or ought to have in his or her custody or power relating to the same, which he or she is hereby required to produce before such justice or justices in the state the same was or were made at the time the pawn or pledge was received, without any alteration, erasement, or obliteration whatsoever; and in case such pawnbroker shall neglect or refuse to attend, or to produce the same in its true and perfect state, such pawnbroker shall, in case he or she doth not shew good cause for such neglect or refusal, to the satisfaction of such justice or justices, forfeit any sum not exceeding ten pounds nor less than five pounds, to be levied and applied in the manner herein-after mentioned. XXVI. And be it further enacted, That in case any pawnbroker shal from and after the commencement of this Act, in anywise offend again this Act, every such pawnbroker shall, for every such offence in neglecting to make or cause to be made, in a fair and regular manner, in such book o books as aforesaid, any such entry as is required to be made by him, her, them by this Act, forfeit such sum of money as to the justice or justice before and by whom any information thereon shall be heard and deter mined in his or their discretion shall seem reasonable and fit, not exceed ing the sum of ten pounds, and for every other offence against this Ac where no forfeiture or penalty is provided or imposed on any particular d specific offence against any part of this Act, not less than forty shillings no more than ten pounds; and that all forfeitures incurred by any offend committed against this Act, shall and may be levied by distress and sale the goods and chattels of the offender or offenders, by warrant under the hand and seal or hands and seals of any justice or justices of the peace for the county, riding, division, city, liberty, town, or place where the offence shall be committed; and the justices shall award one moiety of the said penalties to the parties complaining, and the remainder of the aforesai penalty or penalties not otherwise disposed of and applied by this Act, is t be paid and applied to and for the use of the poor of the parish or place where the offence shall have been committed, and shall be paid to the over seers of the poor of such parish or place for that purpose. exceeding 101. and for other offences from 408. to 101. Limiting the time of prosecuting by information, 12 months. Information to be made before a justice near the place. Churchwardens, &c. to prosecute, &c. Convicted per sons, &c. not to prosecute or inform against any persons, &c. Act not to ex XXVII. Provided always, and be it further enacted, That no person of persons using or exercising the trade or business of a pawnbroker, shall be subject or liable to any prosecution or information before any justice of justices of the peace by virtue of this Act, for any offence or offence against this Act, unless information shall be given of such offence of offences within twelve calendar months next after the offence or offence committed; and that all and every such information and informations shal be given and prosecuted before such justice or justices of the peace as shall act as such justice or justices near to the place where such offence of offences shall have been committed, unless the same shall have been com mitted within the city or liberties of London. XXVIII. And be it further enacted, That the church-wardens and over seers of the poor of any parish or place where any offence shall be supposed to have been committed by any pawnbroker against this Act, or some or one of such officers, at the discretion or direction of any justices of the peace, on having notice from such justices of the peace of such offence being supposed to have been committed, shall, and they or some or one of them, to be nominated by such justice as aforesaid, are and is hereby required to prosecute every offender for every offence so to be suggested by such justice to have been committed against this Act, at the expence of the respective parish whereof they or he are, is, or shall be for the time being such officers or officer. XXIX. And be it further enacted, That no person who has been convicted of any fraud, or of obtaining money under false pretences, or of any felony whatsoever, shall be allowed to prosecute or inform against any person or persons, for any offence or offences committed against this Act. XXX. Provided always, That nothing in this Act contained shall extend, tend to persons lending money at 57. per cent. without further profit. No. I. 39 and 40 construed to extend, to any person or persons whomsoever who shall money to any person or persons whomsoever upon pawn or pledge, at ate of five pounds per centum per annum interest, without taking any George III. er or greater profit for the loan or forbearance of such money lent, on pretence whatsoever. XXI. And be it further enacted, That all and every the provisions, reons, and clauses contained in this present Act shall, from and after nd of this present session of Parliament, extend to and include the ators, administrators, and assigns of all and every deceased pawnbroker, he same manner as the same extend to and include the pawnbroker living, save and except that no such executor or administrator of any deceased pawnbroker shall be answerable for any penalty or forfeiture ally, or to be paid out of his, her, or their own monies or estate, unthe same shall be incurred and forfeited by his, her, or their own Act or T ct. c. 99. The Act to extend to executors, &c. of pawnbrokers. XXII. And be it further enacted, That if any person or persons shall General issue. time or times be sued, molested, or prosecuted for any thing by him, or them done or executed in pursuance of this Act, or of any clause, , or thing herein contained, such person or persons may plead the al issue, and give the special matter in evidence for his, her, or their ce; and if upon the trial a verdict shall pass for the defendant or dants, or the plaintiff or plaintiffs shall become nonsuited, then such dant or defendants shall have double costs awarded to him, her, or gainst such plaintiff or plaintiffs. Double costs. nesses. XIII. Provided always, and be enacted, That in all actions, suits, Inhabitants of mations, trials, and other proceedings in pursuance of this Act, or in any place to any matter or thing herein contained, any inhabitant of the where offences , town, or place in which any offence or offences shall be committed committed deemed comary to the true intent and meaning of this Act, shall be admitted to evidence, and shall be deemed a competent witness, notwithstanding petent witor her being an inhabitant of the parish, town, or place wherein any offence or offences shall be supposed to have been committed. XXIV. And be it further enacted, That the justice or justices before any person shall be convicted in manner prescribed by this Act, cause such respective conviction to be drawn up in the form or to the following; (that is to say), ad the said justice or justices before whom such conviction shall be had, all cause the same, so drawn up in the form or to the effect aforesaid, to rly written upon parchment, and transmitted to the next general, or teral quarter session of the peace to be held for the county, riding, divicity, town, liberty, or place wherein such conviction was had, to be and kept amongst the records of the said general or quarter session; To be filed. in case any person or persons so convicted shall appeal from the judg of the said justice or justices to the said general or quarter session, justices in such general or quarter session are hereby required, upon serving the said conviction drawn up in the form or to the effect aforeto proceed to the hearing and determination of the matter of the said peal at such next session, and not afterwards, according to the directions this Act; any law, custom, or usage to the contrary notwithstanding; no certiorari shall be granted to remove any conviction or other prodings had thereon in pursuance of this Act. XXXV. Provided always, and it is hereby further enacted, That if Appeal. No. I. 39 and 40 George III. c. 99. Publick Act. shall have liberty to appeal to the justices at the next general or qu sessions of the peace which shall be held for the county, riding, div city, liberty, town, or place where such judgment shall have been and that the execution of the said judgment shall in such case be sus ed, the person so convicted entering into a recognizance at the time of conviction, with two sufficient sureties, in double the sum which such son shall have been adjudged to pay or forfeit, upon condition to pros such appeal with effect, and to be forthcoming to abide the judgmen determination of the justices in their said next general or quarter se and to pay such costs as the said justices in such session shall awa such occasion, which recognizance the said justice or justices before v such conviction shall be had is and are hereby empowered and requir take; and the justices in the said general or quarter session are hereb thorized aud required to hear and finally determine the matter of the appeal, and to award such costs as to them shall appear just and reaso to be paid by either party; and if, upon the hearing of the said appea judgment of the justice or justices before whom the appellant shall been convicted shall be affirmed, such appellant shall immediately pa sum which he or she shall have been adjudged to forfeit, together with costs as the justices in the said general or quarter session shall awardpaid for defraying the expences sustained by the defendant or defen in such appeal, or in default of making such payment, shall suffer th spective pains and penalties by this Act inflicted upon persons respect who shall neglect to pay, or shall not pay the respective sums or forfei by this Act to be paid by or imposed upon persons respectively, who be convicted by virtue of this Act. XXXVI. And be it further enacted, That this Act shall be deem public Act, and be judicially taken notice of as such, by all judges, just and other persons whomsoever without the same being specially pleaded (1) Considering the great frauds and oppressions which pawnbrokers have an opportunity of practising, and the facility which they afford to the disposing of stolen goods, I apprehend that it would be very benefici subject them to discretionary licenses by tices of peace. No. I. 10 Geo. II. c. 28. 12 Anne, stat. 2. c. 23. [No. I.] 10 George II. c. 28.-An Act to explain a amend so much of an Act made in the twelfth year of 1 reign of Queen Anne, intituled, An Act for reducing Laws relating to Rogues, Vagabonds, sturdy Beggars a Vagrants into one Act of Parliament; and for the mo effectual punishing such Rogues, Vagabonds, sturdy Begga and Vagrants; and sending them whither they ought to sent," as relates to common Players of Interludes. WHEREAS by an Act of Parliament made in the twelfth year of с reign of her late Majesty Queen Anne, intituled, An Act for reduc the Laws relating to Rogues, Vagabonds, sturdy Beggars and Vagrants one Act of Parliament; and for the more effectual punishing such Rog Vagabonds, sturdy Beggars, and Vagrants, and sending them whither ought to be sent, it was enacted, That all persons pretending themsel *For the punishment inflicted by stat. 17 Geo. 2. c. 5; see post. T Vagrants. e patent gatherers or collectors for prisons, gaols, or hospitals, and ering abroad for that purpose, all fencers, bearwards, common players Canterludes, and other persons therein named and expressed, shall be eed rogues and vagabonds: And whereas some doubts have arisen No. I. 10 Geo. II. c. 28. erning so much of the said Act as relates to common players of indes: Now for explaining and amending the same, be it declared and sed by the King's most excellent Majesty, by and with the advice and of the Lords Spiritual and Temporal, and Commons in this preParliament assembled, and by the authority of the same, That from ter the twenty-fourth day of June one thousand seven hundred and seven, every person who shall, for hire, gain, or reward, act, repre- Persons actperform, or cause to be acted, represented, or performed, any in- ing plays, &c. tragedy, comedy, opera, play, farce or other entertainment of the in any place or any part or parts therein, in case such person shall not have where they al settlement in the place where the same shall be acted, represent- have not a setperformed, without authority by virtue of letters patent from his Ma- tlement, or his heirs, successors, or predecessors, or without licence from the without auChamberlain of his Majesty's household for the time being, shall be thority, &c. ed to be a rogue and a vagabond within the intent and meaning of to be deemed said recited Act, and shall be liable and subject to all such penalties vagabonds, punishments, and by such methods of conviction, as are inflicted on, or ted by the said Act for the punishment of rogues and vagabonds who found wandering, begging, and misordering themselves, within the and meaning of the said recited Act. And be it further enacted by the authority aforesaid, That if any per- tor parts therein, every such person shall for every such offence and forfeit 501. the sum of fifty pounds; and in case the said sum of fifty pounds be paid, levied, or recovered, such offender shall not for the same e suffer any of the pains or penalties inflicted by the said recited Act. And be it further enacted by the authority aferesaid, That from and No new plays he said twenty-fourth day of June one thousand seven hundred and or additions to even, no person shall, for hire, gain, or reward, act, perform, or re- old ones to be or cause to be acted, performed, or represented any new interlude, acted, unless a , comedy, opera, play, farce, or other entertainment of the stage, or copy be sent to or parts therein; or any new act, scene, or other part added to the Chamberod interlude, tragedy, comedy, opera, play, farce, or other entertain- lain, &c. of the stage, or any new prologue or epilogue, unless a true copy eof be sent to the Lord Chamberlain of the King's household for the being fourteen days at least before the acting, representing or perthereof, together with an account of the playhouse or other place re the same shall be, and the time when the same is intended to be first , represented, or performed, signed by the master or manager, or one the masters or managers of such playhouse or place, or company of therein. . And be it enacted by the authority aforesaid, That from and after twenty-fourth day of June one thousand seven hundred and thirtyit shall and may be lawful to and for the said Lord Chamberlain he time being, from time to time, and when, and as often as he shall fit, to act, scene, or part thereof, or any prologue or epilogue; and in case and persons person or persons shall, for hire, gain, or reward, act, perform, or re- acting against ent, or cause to be acted, performed, or represented, any new inter- his prohibitragedy, comedy, opera, play, farce, or other entertainment of the tion, &c. foror any act, scene, or part thereof, or any new prologue or epilogue, feit 501. and prohibit the acting, performing, or representing any interlude, gedy, comedy, opera, play, farce, or other entertainment of the stage, or re a copy thereof shall be sent as aforesaid with such account as afore Tumbling is not an entertainment of the stage within this Act. Rex v. dy, 6 T. R. 286. OL. VIII. C their licence. No. I. 10 Geo. II. c. 28. No plays to be acted but in Westminster, or places of his Majesty's residence. Penalties how recovered, &c. Persons acting in public houses. Limitation of actions. said, or shall for hire, gain, or reward, act, perform, or represent, or c to be acted, performed, or represented, any interlude, tragedy, com opera, play, farce, or other entertainment of the stage, or any act, scen part thereof, or any prologue or epilogue, contrary to such prohibitio aforesaid; every person so offending shall for every such offence forfei sum of fifty pounds, and every grant, licence, and authority (in case t be any such) by or under which the said master or masters, or manage managers, set up, formed, or continued such playhouse, or such com of actors, shall cease, determine, and become absolutely void, to all in and purposes whatsoever. V. Provided always, That no person or persons shall be authorise virtue of any letters patent from his Majesty, his heirs, successors, or p cessors, or by the licence of the lord chamberlain of his Majesty's h hold for the time being, to act, represent, or perform for hire, gain, c ward, any interlude, tragedy, comedy, opera, play, farce, or other enter ment of the stage, or any part or parts therein, in any part of Great tain, except in the city of Westminster, and within the liberties thereof in such places where his Majesty, his heirs or successors, shall in their persons reside, and during such residence only; any thing in this Act tained to the contrary in any wise notwithstanding. VI. And be it further enacted by the authority aforesaid, That all th cuniary penalties inflicted by this Act for offences committed within part of Great Britain called England, Wales, and the town of Be upon Tweed, shall be recovered by bill, plaint, or information, in a his Majesty's Courts of Record at Westminster, in which no essoin, p tion, or wager of law shall be allowed; and for the offences committ that part of Great Britain called Scotland, by action or summary com before the Court of Session or Justiciary there; or for offences comm in any part of Great Britain, in a summary way before two justices peace for any county, stewartry, riding, division, or liberty where any offence shall be committed, by the oath or oaths of one or more cre witness or witnesses, or by the confession of the offender; the same levied by distress and sale of the offender's goods and chattels, renderin overplus to such offender, if any there be, above the penalty and char distress; and for want of sufficient distress the offender shall be comm to any house of correction in any such county, stewartry, riding or lik for any time not exceeding six months, there to be kept to hard labou to the common gaol of any such county, stewartry, riding or liberty any time not exceeding six months, there to remain without bail or i prize; and if any person or persons shall think him, her, or themselve grieved by the order or orders of such justices of the peace, it shall and be lawful for such person or persons to appeal therefrom to the next ral quarter sessions to be held for the said county, stewartry, riding or ty, whose order therein shall be final and conclusive; and the said pen for any offence against this Act shall belong, one moiety thereof to th former or person suing or prosecuting for the same, the other moiety t poor of the parish where such offence shall be committed. VII. And be it further enacted by the authority aforesaid, That i interlude, tragedy, comedy, opera, play, farce, or other entertainme the stage, or any act, scene or part thereof, shall be acted, represente performed in any house or place where wine, ale, beer, or other liquors be sold or retailed, the same shall be deemed to be acted, represented performed for gain, hire and reward. VIII. And be it further enacted by the authority aforesaid, That no son shall be liable to be prosecuted for any offence against this Act, t such prosecution shall be commenced within the space of six cale months after the offence committed; and if any action or suit shall be menced or brought against any justice of the peace, or any other perse doing, or causing to be done, any thing in pursuance of this Act, suci tion or suit shall be commenced within six calendar months next afte fact done; and the defendant or defendants in such action or suit General issue, and may plead the general issue, and give the special matter in evide and if upon such action or suit a verdict shall be given for the defenda |