Penalty on fuch Notes, Juftices may determine on fuch Offences within 20 Days. Penalty on Witneffes not attending, 408. Form of lings in the Whole, heretofore made or iffued, or which fall hereafter be made or iffued, fhall from and after the First Day of Cober One thoufand eight hundred and eight, be and the fame are hereby declared to be abfolutely void and oi no Effect; any Law, Statute, Ufage or Cuftom, to the contrary thereof in anywife notwithftanding. III. And be it further enacted, That if any Perfon or Persons shall after the First Day of July One thoufand eight hundred and eight, by any Art, Device, or Means whatsoever, publish or utter any fuch Notes, Bills, Drafts, or Engagements as aforefaid, for a lefs Sum than Twenty Shillings, or on which lefs than the Sum of Twenty Shillings fhall be due, and which fhall be in any wife negotiable or transferable, or fhall negotiate or transfer the fame, every fuch Perfon fhall forfeit and pay, for every fuch Offence, any Sum not exceeding Twenty Pounds, nor less than Five Pounds, at the Difcretion of the Juftice of the Peace who fhall hear and determine fuch Offence. IV. And be it further enacted, That it fhall be lawful for any Juftice or Juftices of the Peace, acting for the County, Riding, City, or Place within which any Offence against this A&t fhall be committed, to hear and determine the fame in a fummary Way, at any Time within Twenty Days after fuch Offence fhall have been committed; and fuch Juftice or Juftices, upon any Information exhibited or Complaint made upon Oath in that Behalf, fhall fummon the Party accufed, and alfo the Witneffes on either Side, and fhall examine into the Matter of Fact, and upon due Proof made thereof, either by the voluntary Confeffion of the Party or by the Oath of One or more credible Witnefs or Witneffes, or otherwife, (which Oath fuch Juftice or Juftices is or are hereby authorized to administer,) shall convict the Offender, and adjudge the Penalty for fuch Offence. V. And be it further enacted, That if any Perfon shall be fummoned as a Witness to give Evidence before fuch Juftice or Juftices, either on the Part of the Profecutor or the Perfon accused, and shall neglect or refufe to appear at the Time or Place to be for that Purpole appointed without a reasonable Excufe for fuch his Neglect or Refufal, to be allowed by fuch Juftice or Juftices, then fuch Perfon fhall forfeit for every fuch Offence, the Sum of Forty Shillings, to be levied and paid in fuch Manner and by fuch Means as are directed for Recovery of other Penalties under this Act. VI. And be it further enacted, That the Juftice or Juftices before whom any Offender fhall be convicted as aforefaid, fhall caufe the faid Conviction to be made out, in the Manner and Form following; (that is to say,) BE it remembered, That on the in the Year of our Lord Day of A. B. having appeared before me [or, us] One [or more] of His Majesty's Juftices of the Peace [as the Cafe may be] for the County, Riding, City, or Place, [as the Cafe may be] and due Proof having been 'made upon Oath by One or more credible Witnefs or Witnelles, or by Confeffion of the Party [as the Cafe may be] is convicted of [Specifying the Offence]. Given under my Hand and Seal [or, our Hands and Seals] the Day and Year aforefaid.' Returnable to the Which Conviction the said Justice or Justices shall cause to be returned Quarter Seflions. to the then next General Quarter Seffions of the Peace of the County, Riding, City, or Place where fuch Conviction was made, to be filed by the Clerk of the Peace, to remain and be kept among the Records of fuch County, Riding, City, or Place. VII. Provided always, and be it further enacted, That it fhall be Copies of lawful for any Clerk of the Peace for any County, Riding, City, or Convictions. Place, and he is hereby required, upon Application made to him by any Perfon or Perfons for that Purpofe, to caufe a Copy or Copies of any Conviction or Convictions filed by him under the Directions of this Act, to be forthwith delivered to fuch Perfon or Perfons upon Payment of One Shilling for every fuch Copy. VIII. And be it further enacted, That the pecuniary Penalties and Forfeitures hereby incurred and made payable upon any Conviction against this Act, fhall be forthwith paid by the Perfon convicted, as follows: One Moiety of the Forfeiture to the Informer, and the other Moiety to the Poor of the Parish or Place where the the Offence fhall be committed; and in cafe fuch Perfon fhall refuse or neglect to pay the fame, or to give fufficient Security to the Satisfaction of fuch Juftice or Juftices to profecute any Appeal against fuch Conviction, fuch Juftice or Juftices fhall by Warrant under his or their Hand and Seal or Hands and Seals, cause the same to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, together with all Cofts and Charges attending fuch Distress and Sale, returning the Overplus (if any) to the Owner; and which faid Warrant of Diftrefs the faid Juftice or Juftices fhall caufe to be made out in the Manner and Form following; (that is to fay,) To the Conftable, Headborough, or Tythingman of Recovery and Application of Penalties. Form of the Diftrefs. in the County of Warrant of is this Day convicted before me [or, us] One [or more] of His Majefty's Jultices of the Peace [as the Cafe may be] for the County of or Diftrict of or [or, for the Riding of the County of York,] or for the Town, Liberty, [as the Cafe may be] upon the Qath · of a credible Witness or Witneffes [or, by Confeffion of the Party, as the Cafe may be] for that the faid A. B. hath [here fet forth the Offence] contrary to the Statute in that Cafe made and provided, by reafon whereof the faid A. B. hath forfeited the Sum of to be diftributed as herein is mentioned, which he hath refused to pay: and Chattels of him the faid A. B. and if within the Space of Five Days next after fuch Distress by you taken, the faid Sum, together with the reasonable Charges of taking the fame, fhall not be paid, then that you do fell the faid Goods and Chattels so by you diftrained, and out of the Money arifing by fuch Sale, that you do • One-half of the faid Sum of to ' of ⚫ cannot Security for of fuch Warrants, Offenders may be committed for want of Distress. Parishioners may be Witneffes. Convictions not removable by Certiorari. Limitation of that cannot be found of the Goods and Chattels of the said A. B. 'whereon to levy the faid Sum of then you certify the fame to me, [or, us, as the Cafe fhall be] to'gether with this Warrant. Given under my Hand and Seal [or, our Hands and Seals] the in the Year of our Lord Day of IX. And be it further enacted, That it fhall be lawful for fuch Juftice or Juftices to order fuch Offender to be detained in fafe Cuftody until Return may conveniently be had and made to fuch Warrant of Distress, unless the Party fo convicted fhall give fufficient Security, to the Satisfaction of fuch Juftice or Juftices, for his Appearance before the faid Juftice or Juftices on fuch Day as shall be pointed by the faid Justice or Juftices for the Day of the Return of the faid Warrant or Diftrefs (fuch Day not exceeding Five Days from the takingof fuch Security); which Security the faid Justice or Juftices is and are hereby empowered to take by Way of Recognizance or otherwise, ap X. And be it further enacted, That if upon fuch Return no fufficient Diftrefs can be had, then and in fuch Cafe the faid Justice or Juftices fhall and may commit fuch Offender to the Common Gaol or House of Correction of the County, Riding, Divifion, or Place where the Offence fhall be committed, for the Space of Three Calendar Months, unless the Money forfeited fhall be sooner paid, or unlefs or until fuch Offender thinking him or herself aggrieved by fuch Conviction, fhall give Notice to the Informer that he or she intends to appeal to the Juftices of the Peace at the next General Quarter Seffions of the Peace to be holden for the County, Riding, or Place wherein the Offence fhall be committed, and fhall enter into Recognizance before fome Juftice or Juftices, with two sufficient Sureties conditioned to try fuch Appeal, and to abide the Order of and pay fuch Cofts as fhall be awarded by the Juftices at such Quarter Seffions (which Notice of Appeal, being not lefs than Eight Days before the Trial thereof, fuch Perfon fo aggrieved is hereby empowered to give); and the faid Juftices at fuch Seffions, upon due Proof of fuch Notice being given as aforefaid, and of the entering into fuch Recognizance, fhall hear and finally determine the Caufes and Matters of fuch Appeal in a fummary Way, and award fuch Cofts to the Parties appealing or appealed againit as they the said Juftices fhall think proper; and the Determination of fuch Quarter Seffion fhall be final, binding, and conclufive, to all Intents and Purposes. XI. And be it further enacted, That no Perfon fhall be disabled from being a Witnefs in any Prosecution for any Offence against this Act, by reafon of his being an Inhabitant of the Parish wherein fuch Offence was committed. XII. Provided always, That no Proceedings to be had, touching the Conviction or Convictions of any Offender or Offenders against this Act, fhall de quathed for Want of Form, or be removed by Writ of Certiorari or any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminster. XIII. And be it further enacted, That if any Action or Suit fhall be commenced against any Perfon or Perfons for any Thing done or acted in purfuance of this Act, then and in every fuch Cafe fuch fuch Action or Suit fhall be commenced or profecuted within Three Calendar Months after the Fact committed, and not afterwards; and Venue. the fame and every fuch Action or Suit fhall be brought within the County where the Fact was committed, and not elfewhere; and the Defendant or Defendants in every fuch Action or Suit fhall and may plead the General Iffue, and give this Act and the fpecial Matter in Evidence at any Trial to be had thereupon and that the fame was done in pursuance and by the Authority of this Act; and if the fame fhall appear to have been fo done, or if any fuch Action or Suit fhall be brought after the Time limited for bringing the fame, or be brought or laid in any other Place than as aforementioned, then the Jury thall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs fhall become nonfuit, or discontinue his, her, or their Action after the Defendant or Defendants fhall have appeared, or if upon Demurrer Judgment fhall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall and may recover Treble Cofls. Treble Cofts, and have the like Remedy for the Recovery thereof as any Defendant or Defendants hath or have in any other Cafes by Law. CA P. LXXXIX. An Act for enabling the Commiffioners appointed to examine Accounts of publick Expenditure in the Barrack Office, more speedily and effectually to investigate the faid Ac[23d June 18c8.] counts. 47 WHEREAS by an Act, paffled in the Forty-feventh Year of the $7 G. 3. ft. 1. Reign of His prefent Majefty, intituled, An A&t for inveft- e. 13. ing certain Commiffioners appointed for the Examination of Accounts and Expenditure, relating to the Office of Barrack Mafter General, with certain Powers and Authorities neceffary for the Examination of fuch Accounts and Expenditure: And whereas it is expedient to • make further Provifion for enabling the Commiffioners appointed to examine the Accounts in the faid Act mentioned, more effectually to carry into Execution the Purposes of the faid Act;' May it therefore please Your Majefty that it may be enacted; and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That it shall be lawful for the faid Commiffioners ap-pointed to examine the Accounts mentioned in the faid recited Act, and they are hereby required from Time to Time when and as foon as the Examination of any Account shall have been compleated by them, to make up and tranfmit a Statement thereof to the Lords Commiffioners of the Treafury, fpecifying all the Articles forming the Charge and Discharge of fuch Account, and fpecifying all Sums difallowed by them in fuch Accounts; and alfo all Sums which in their Opinion ought to be fet Infuper in fuch Account upon any Perfons concerned in fuch Account; and the Lords Commiffioners of His Majesty's Treafury if they approve of the Statement of fuch Account, fhall tranfmit the fame, together with their Warrant to the Commiffioners for auditing publick Accounts, to prepare the fame for Declaration, which faid Commiffioners for auditing publick Accounts, Commiffioners fhall tranfmit Statements of the Accounts examined to the Treafury, who fhall tranfinit them it approved to the Auditors of publick Accounts, who fhall prepare the farce for Declaration. When it appears that any Perfons ought to account for publick Money or Stores, Commiffioners the Names of Commiffioners under recited Act invested with fame Powers as the Accounts are hereby authorized to make up and prepare for Declaration fuch Accounts in conformity to fuch Statements or Warrants, without any further Examination or Investigation of fuch Accounts, or of any Vouchers relating thereto, unlefs any further Examination and Inveftigation of fuch Accounts, or of any Part thereof, or of any Vouchers relating thereto, fhall appear to the faid Commiffioners for auditing publick Accounts to be neceffary, in which Cafe the faid laft mentioned Commiffioners fhall report their Opinion thereon to the Lords Commiffioners of His Majefty's Treasury, and proceed in fuch Examination and Investigation; and the faid Commiffioners for auditing the publick Accounts are hereby authorized and directed to caufe all Sums which fhall be specified as Sums which ought to be fet Infuper in any fuch Statement as aforefaid, and which fhall appear to them to be proper to be fet Infuper, to be fo fet Infuper on the feveral Perfons therein men. tioned, or in the Warrants accompanying the fame, unless upon fuch further Examination as aforefaid it fhall not appear to them to be proper that fuch Sums fhould be fo fet Infuper, and to do all other Acts, Matters and Things for the Declaration of fuch Accounts, and for putting in Charge as publick Accountants or SubAccountants all Perfons liable fo to be put in charge upon fuch Accounts, in order to the fecuring and recovering of all Sums of Money due to His Majefty on the fame, in like Manner as if the faid Accounts had been examined and Statements thereof made by the faid Commiffioners for auditing publick Accounts. II. And be it further enacted, That it fhall be lawful for the faid Commiffioners appointed under the faid recited Act, and they are hereby required whenever it fhall appear to them that any Perfon or Perfons ought to account for any publick Money or Stores that may have paffed through his or their Hands, forthwith to transmit to the Lords Commiflioners of the Treafury the Name or Names of every fuch Perfon or Perfons, together with the Ground and Reafons for their Opinion, that it would be fit and proper that fuch Perfon or Perfons fhould be made publick Accountants, and if the faid Lords Commiffioners of the Treafury fhould agree thereto, they the faid Lords Commiffioners are hereby required to iffue their Warrant or Warrants, directing the faid Commiffioners appointed under the faid recited Act, or the Commiflioners for auditing the publick Accounts, to call upon and require fuch Perfon or Perfons to deliver in their Accounts, regularly attefted, within a reasonable Time to be limited by fuch Commiffioners refpectively; and fuch Perfon or Perfons fhall be compelled fo to deliver in their faid Accounts in like Manner as if the faid Perfon or Perfons had been returned Infuper in any Account declared before His Majesty's Chancellor of the Exchequer; and the faid laft mentioned Commiffioners are alfo hereby directed to proceed to the Examination of fuch Accounts, and to tranfmit the Statements thereof to the Lords Commiffioners of the Treasury, for the Purpose of having the fame prepared for Declaration in the Manner herein-before directed, with refpect to other Accounts. III. And be it further enacted, That the Commiffioners appointed to examine Accounts of publick Expenditures in the Barrack Office, fhall be and are hereby invefted with, and fhall have, ufe, and exerçife all the Powers and Authorities as to the Exa 3 mination |