| Chap. 73 |
Poor.
' or Assizes; if he refuse to give such Bond, let him be sent to the
Gaol,
' there to remain until he shall give such Bond. |
163 |
|
' 7. Qu. If such a Parishioner
who refuseth to take such Apprentice,
' shall be bound over to the Sessions for not taking such an Apprentice,
and
' when he appeareth there, shall likewise refuse, what shall be done to
' him; and what shall be done to the Parents who refuse to suffer their
' Children to be put out to be Apprentices, themselves not being able
to
' maintain them? |
|
|
' Resol. If at the Sessions or Assizes
such a one refuseth to take an
' Apprentice, and his excuse be not allowed, it is fit he be bound
to
' the Good Behaviour; and it will be a good course to indict such a refuser
' for a Contempt, and thereupon to Fine and Imprison him, if he
' refuse to be bound to the Good Behaviour, let him be imprisoned till
' he will; and the Kings Book of Orders, directs that such be bound
' with good Sureties to appear at the Council Board: And if the
Parents
' of such poor Children refuse to suffer their Children to be bound
Apprentices,
' or being bound, intice them away, themselves not being
' able to maintain them, let them be committed to the House of Correction. |
Refusers to
take Apprentices
at
the Quarter
Sessions to
be bound to
the Good
Behaviour. |
|
' 8. Qu. Whether it be in the
power of any General Quarter Sessions
' to mitigate any Penalty upon a Statute Law; if the Party Indicted,
' shall submit himself to the Fine of the Court and wave the Traverse? |
Fines certain
not to
be mitigated. |
|
' Resol. If the Party be convicted,
or confess the Fault, it is not in the
' power of the Court to mitigate the Fine, in such cases where the
Statute
' makes it certain: But if the Party indicted protesting his innocency,
yet
' quia noluit placitare cum domino rege put himself up into the
Grace of
' the Court, the Court may impose a moderate Fine, and order to forbear
' the Prosecution. |
|
|
' 9. Qu. If any be bound to appear
at the Sessions, and shall
' tender submission to the Court, whether the Sessions may stay the
' Indictment, and mitigate the Fine aforesaid upon the Confession of he
' Fact? |
|
|
' Resol. This is answered before to
the next precedent Article. |
|
|
' 10. Qu. If a Man be convicted
for being drunk, tipling, and keeping
' an Unlicensed Alehouse, or being Licensed, for suffering others to
remain
' tipling in his house; or for swearing or driving Cattel upon a Sunday
' contrary to the Statute in that case provided; whether the Justice
' of Peace, before whom he was convicted, or any other Justice of the
' Peace may discharge him of all, or part of the Forfeiture or Punishment
' appointed by the Statute? |
No discharge
of
any Forfeiture
after
Convictions
for Drunkenness,
tipling,
&c. |
|
' Resol. The Justices have no such
power of mitigation after conviction,
where the Statute appoints the measure of the punishment. |
|
|
' 11. Qu. Whether a Constable
may upon a Warrant for carrying one
' to the House of Correction, for keeping an Unlicensed Alehouse, upon
' the second Conviction break open the house, wherein the Party convicted
' is to apprehend him? |
Constable. |
|
' Resol. This Question is to be advised
upon, it is put in general terms,
' and referred to be considered in the particular where it appeareth. |
|
|
' 12. Qu. If a Woman unmarried
be hired from week to week, or
' from half year to half year, in one Parish; and there be gotten with
Child,
' and then goeth from thence unto another Parish, where she is setled
in
' service by the space of two or three Months, and then discovered
that
' she is with Child. The Question is, Whether she shall be setled
in the |
Settlement
of a woman
gotten with
child. |
